[House Report 113-392]
[From the U.S. Government Publishing Office]
113th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 113-392
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PRISON SHIP MARTYRS' MONUMENT PRESERVATION ACT
_______
April 1, 2014.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Hastings of Washington, from the Committee on Natural Resources,
submitted the following
R E P O R T
[To accompany H.R. 1501]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 1501) to direct the Secretary of the Interior to
study the suitability and feasibility of designating the Prison
Ship Martyrs' Monument in Fort Greene Park, in the New York
City borough of Brooklyn, as a unit of the National Park
System, having considered the same, report favorably thereon
with an amendment and recommend that the bill as amended do
pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. PRISON SHIP MARTYRS' MONUMENT STUDY; REPORT.
(a) Short Title.--This section may be cited as the ``Prison Ship
Martyrs' Monument Preservation Act''.
(b) Study.--
(1) In general.--The Secretary of the Interior shall complete
a study to determine the suitability and feasibility of
designating the Prison Ship Martyrs' Monument in Fort Greene
Park, in the New York City borough of Brooklyn, as a unit of
the National Park System.
(2) Applicable law.--The study required under this subsection
shall be conducted in accordance with section 8(c) of the
National Park System General Authorities Act (16 U.S.C. 1a-
5(c)).
(3) Content of study.--The study shall include--
(A) an analysis of operational issues that should be
considered if the Prison Ship Martyrs' Monument were to
be designated as a unit of the National Park System;
(B) an analysis of the feasibility of administering
the Prison Ships Martyrs' Monument, considering its
size, configuration, and other factors, including an
annual cost estimate;
(C) an analysis of the economic, educational, and
other impacts of the designation of the Prison Ship
Martyrs' Monument as a unit of the National Park
System;
(D) an analysis of the effect of the designation of
the Prison Ship Martyrs' Monument as a unit of the
National Park System on--
(i) existing commercial and recreational
activities, and on the authorization,
construction, operation, maintenance, or
improvement of energy production and
transmission infrastructure; and
(ii) the authority of State and local
governments to manage those activities; and
(E) an identification of any authorities, including
condemnation, that will compel or permit the Secretary
of the Interior to influence or participate in local
land use decisions (such as zoning) or place
restrictions on non-Federal lands if the Prison Ship
Martyrs' Monument is designated as a unit of the
National Park System.
(c) Notification of Private Property Owners.--Upon commencement of
the study, owners of private property in or adjacent to the Prison Ship
Martyrs' Monument shall be notified of the study's commencement and
scope.
(d) Report.--Not later than one year after the date of the enactment
of this Act, the Secretary of the Interior shall transmit to the
Committee on Natural Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate a report
containing the conclusions of the study required by subsection (b).
PURPOSE OF THE BILL
The purpose of H.R. 1501 is to direct the Secretary of the
Interior to study the suitability and feasibility of
designating the Prison Ship Martyrs' Monument in Fort Greene
Park, in the New York City borough of Brooklyn, as a unit of
the National Park System.
BACKGROUND AND NEED FOR LEGISLATION
H.R. 1501 authorizes the National Park Service to conduct a
study of the Prison Ship Martyrs' Monument in Brooklyn, New
York, to determine its eligibility to become a unit of the
National Park System.
The Prison Ship Martyrs' Monument in Fort Greene Park is a
memorial to the more than 11,500 American prisoners of war who
died in captivity aboard 16 British prison ships during the
American Revolutionary War.
Dedicated on November 15, 1908, the granite monument
consists of a single doric column 149 feet in height.
Currently, the New York City Department of Parks and Recreation
is responsible for the monument and completed a restoration
project in 2008.
H.R. 1501 authorizes a ``special resource study'' to be
conducted by the National Park Service. The study will
determine if the site meets the test for suitability and
national significance to become a unit of the National Park
System and provide different federal, local and non-
governmental management proposals. The study is informational;
Congress would still have to act on separate legislation to
designate the park.
Legislative language has been included to require that the
study consider potential impacts on recreational uses. The
study will also have to identify those authorities, including
condemnation, which will allow the Park Service to become
involved in local zoning issues, or have influence over private
property.
COMMITTEE ACTION
H.R. 1501 was introduced on April 11, 2013, by Congressman
Hakeem S. Jeffries (D-NY). The bill was referred to the
Committee on Natural Resources, and within the Committee to the
Subcommittee on Public Lands and Environmental Regulation. On
February 26, 2014, the Subcommittee on Public Lands and
Environmental Regulation held a hearing on the bill. On March
13, 2014, the Natural Resources Committee met to consider the
bill. The Subcommittee on Public Lands and Environmental
Regulation was discharged by unanimous consent. Congressman Rob
Bishop (R-UT) offered an amendment designated #1; the amendment
was adopted by unanimous consent. The bill as amended was then
adopted and ordered favorably reported to the House of
Representatives by unanimous consent.
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
COMPLIANCE WITH HOUSE RULE XIII
1. Cost of Legislation. Clause 3(d)(1) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(2)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974. Under clause 3(c)(3) of rule
XIII of the Rules of the House of Representatives and section
403 of the Congressional Budget Act of 1974, the Committee has
received the following cost estimate for this bill from the
Director of the Congressional Budget Office:
H.R. 1501--Prison Ship Martyrs' Monument Preservation Act
H.R. 1501 would require the National Park Service (NPS) to
conduct a study of the Prison Ship Martyrs' Monument in New
York City to determine the suitability and feasibility of
designating the monument as a unit of the National Park System.
Based on information provided by the NPS and assuming the
availability of appropriated funds, CB0 estimates that carrying
out the study required by H.R. 1501 would cost about $150,000.
Enacting H.R. 1501 would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply.
H.R. 1501 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of state, local, or tribal
governments.
The CBO staff contact for this estimate is Martin von
Gnechten. The estimate was approved by Theresa Gullo, Deputy
Assistant Director for Budget Analysis.
2. Section 308(a) of Congressional Budget Act. As required
by clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives and section 308(a) of the Congressional Budget
Act of 1974, this bill does not contain any new budget
authority, spending authority, credit authority, or an increase
or decrease in revenues or tax expenditures. Based on
information provided by the NPS and assuming the availability
of appropriated funds, CBO estimates that carrying out the
study required by H.R. 1501 would cost about $150,000.
3. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to direct the Secretary of the
Interior to study the suitability and feasibility of
designating the Prison Ship Martyrs' Monument in Fort Greene
Park, in the New York City borough of Brooklyn, as a unit of
the National Park System.
EARMARK STATEMENT
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
COMPLIANCE WITH H. RES. 5
Directed Rule Making. The Chairman does not believe that
this bill directs any executive branch official to conduct any
specific rule-making proceedings.
Duplication of Existing Programs. This bill does not
establish or reauthorize a program of the federal government
known to be duplicative of another program. Such program was
not included in any report from the Government Accountability
Office to Congress pursuant to section 21 of Public Law 111-139
or identified in the most recent Catalog of Federal Domestic
Assistance published pursuant to the Federal Program
Information Act (Public Law 95-220, as amended by Public Law
98-169) as relating to other programs.
PREEMPTION OF STATE, LOCAL OR TRIBAL LAW
This bill is not intended to preempt any State, local or
tribal law.
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes in existing
law.