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FW: [NCCmailings] NCC WASHINGTON UPDATE, Vol. 8, #26, June 27, 20 02



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From: rbcraig@nccph.org [mailto:rbcraig@nccph.org]
Sent: Thursday, June 27, 2002 10:24 AM
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Subject: [NCCmailings] NCC WASHINGTON UPDATE, Vol. 8, #26, June 27, 2002


NCC WASHINGTON UPDATE, Vol. 8, #26, June 27, 2002
by Bruce Craig <rbcraig@nccph.org>
National Coordinating Committee for the Promotion of History (NCCPH)
*****************

1.  History Office Authorization Proposed in Homeland Security Department
Bill 2.  Legislation Updates: Cedar Creek Battlefield; Coltsville Study Act;

Martin's Cove Proposal
3.  Florida Ballot Controversy: Future of Ballots Still In Limbo 4.  NPS
Plans Major Reorganization 5.  Advisory Committee on Records of Congress
Meets 6.  News Bits and Bytes: NCC Letter of Support: Reconstruction Special

Resource Study; Gettysburg Tower Taking Settlement; GAO Report on
Electronic Records; Battlefield Protection Conference
7.  Articles of Interest: "State of the Debate: The Historical Past" (The
American Prospect)

1.  HISTORY OFFICE AUTHORIZATION PROPOSED IN HOMELAND SECURITY DEPARTMENT
BILL In a June 24 letter to House and Senate leaders, the National
Coordinating
Committee for the Promotion of History (NCC) urged members of Congress to
authorize the creation of an Office of History in the marked-up version of
President Bush's proposed legislation to create a Department of Homeland
Security.  According to sources inside the House Committee on Government
Reform (this is the House committee of jurisdiction that heard testimony
from White House Office of Homeland Security chief Governor Tom Ridge last
week), the establishment of such an office in the office of the Secretary
was "embraced enthusiastically."  Reportedly, language suggested by the NCC
has been incorporated in at least one subcommittee mark of the bill.

In the letter to Congressman Dan Burton (R-IN), Henry Waxman (D-CA),
Senator Joseph I. Lieberman D-Conn), Fred Thompson (R-TN), and others, the
NCC noted that "If there ever was a need for a history office in a
government agency, it is in the Homeland Defense Department.  The attack on
the World Trade Center and Pentagon on September 11 demonstrated the need
to better understand our past both in terms of U.S.-Arab/Muslim relations
and previous U.S. responses to terrorism."  The letter noted that, "without
exception, every one of the other national defense, intelligence, and
homeland-defense related departments (the Department of State, Department
of Defense, Central Intelligence Agency, National Security Agency) benefit
from the professional advice provided by a departmental or agency
historical office....to this end, we envision that staff historians would
produce (or cause to produce by coordinating with other government
agencies, with universities and think tanks) a range of reference, policy
and historical background papers that would benefit both present and future
Secretaries."

The Homeland Security legislation advanced to the Congress by the Bush
Administration also proposed  exempting the new department from the
requirements of the Federal Advisory Committee Act and a broad variety of
businesses and others from disclosure provisions of  the Freedom of
Information Act. The NCC raised concerns on both the proposed FACA and FOIA
exemptions with responsible Committee staff.  Here again, at least one
subcommittee mark-up bill has dropped the Bush exemption proposals from the
committee marks.

We will keep readers informed as the Homeland Security proposal advances
through the House and Senate in coming weeks.

2.  LEGISLATIVE UPDATES:
Cedar Creek Battlefield:  On June 6, 2002 legislation (H.R. 4944/S. 2623)
was introduced by members of the Virginia Congressional delegation to
designate the Cedar Creek Battlefield and Belle Grove Plantation as a unit
of the National Park System. Both bills build upon the September
2000  Shenandoah Valley Battlefields National Historic District Management
Plan that recommended that the battlefield and plantation be designated a
unit of the NP System thereby providing "permanent protection" for the
battlefield. The battle of Cedar Creek is significant as the Shenandoah
Valley campaign of 1864 signaled the end of the American Civil War in the
breadbasket of the Confederacy.

Coltsville Study:  On June 20, 2002 the Senate Committee on Energy and
Natural Resources, Subcommittee on National Parks conducted a hearing on
legislation (S. 2519) directing the Secretary of the Interior to conduct a
study of Coltsville, Connecticut for potential inclusion in the National
Park System.  Located in the general vicinity of Hartford, Coltsville is
associated with the Colt firearm company.  For well over 100 years Colt
firearms were the personal weapon of choice for the U.S. military, cowboys
both famous and infamous, and others.  At the core of the proposed 260-acre
study area is the 17-acre Coltsville Heritage Park, which is owned by a
non-profit subsidiary of the Goodrich Corporation.  The Colt Industrial
National Register District was listed on the National Register of Historic
Places in 1976.  During the hearing, the NPS expressed the bureau's support
for the special resource study.

Martin's Cove Land Transfer:  On June 17, 2002, under "suspension of the
rules," the House of Representatives passed the "Martin's Cove Land
Transfer Act" (H.R. 4103), a controversial measure to sell a Bureau of Land
Management historic site to the Mormon Church at fair market value. During
the floor debate, Rep. James Hansen (R-UT), the primary sponsor of the
legislation argued, "As everybody in this body knows, it has become
increasingly difficult to find adequate funding to care for the hundreds of
millions of acres of land held by the federal government...I do not know
why it would be in the federal governments best interest to retain
financial stewardship responsibility for Martin's Cove when the LDS
[Latter-Day Saints] church is not only willing to tell their story on their
own dime but to provide an ironclad guarantee in this legislation of free
public access to the site."

The legislation has generated considerable local opposition in Wyoming (see
"Discharged Bills: Martin's Cove Land Transfer," in NCC WASHINGTON UPDATE,
Vol. 8, #22, May 22, 2002). Although the bill has passed the House, Hill
insiders consider the bill dead upon arrival in the Senate; it is
questionable whether the measure will even get a hearing.

3.  FLORIDA BALLOT CONTROVERSY -- FUTURE OF BALLOTS STILL IN LIMBO As
readers may recall, the NCC has long been tracking developments in the
state of Florida relating to the long-term preservation of the contested
ballots and related materials for historical study that were the subject of
controversy in the November 2000 election.  The results of that election
gave George Bush an official 537-vote victory in the state over the
Democratic candidate, Vice-President Albert Gore ("Preserving the Stuff of
History: What About the Florida Ballots?" in NCC WASHINGTON UPDATE, Vol 6,
#44, December 15, 2000). Florida law mandates that election ballots be
retained for a minimum of 22 months. With less than three months left until
that deadline, action by the Florida Division of Library and Information
Services has now extended that disposition deadline to July, 2003.

When we last reported on this issue (see "Florida Ballot Controversy
Update," in NCC WASHINGTON UPDATE, Vol 7, #19, May 11, 2001), the Florida
Elections Supervision Association had created a special committee to survey
the record types and formats of the information, analyze the documentary
record, and make recommendations for disposition and retention of the
ballots. Sitting on the committee were several state archivists and
historians. That the Committee did not complete its charge and as a
consequence, last week, the Florida State Archives stepped in to help
facilitate decision-making.

According to State Archivist Jim Berberich, Florida's public records law
and other statues mandate that the state's public records cannot be
disposed of without the specific approval of the Division of Library and
Information Services.  Rules of retention are binding on all agencies and
officers.

To insure the preservation of the election records, the Florida state
archives sent the following position statement to the state Elections
Supervisor: "In considering the ultimate disposition of the ballots and
related records from the 2000 election in Florida, the Division of Library
and Information Services has determined that the proper decision requires a
balance between the potential historical significance of these ballots and
the cost of their preservation that only the Florida legislature can strike
effectively.  Thus while the general records schedule GS-3 under federal
law would permit the destruction of any or all of these ballots after
September 2002, the Division has voluntarily extended the retention period
for these ballots until July 1, 2003.  This extension will permit the
Florida legislature to pass the necessary legislation to effectuate its
wishes regarding the preservation of these ballots beyond July 1, 2003." In
addition to the statement, a directive will be forwarded to all 67 county
Elections Supervisors ordering them to continue to retain the election
records.

According to Berberich, the costs associated with preservation of the
ballots may be considerable. It involves moving the materials from 67
counties to one central location, hiring staff to facilitate public access
and otherwise providing for the records' long-term preservation and
security.  While the ballots will not be scheduled for destruction until at
least July 2003, once the Division mails its directive to the 67 county
Elections Supervisors the future of these historical records rests with the
Florida legislature. The Division intends to submit a report on the issue
to the state legislature by November.  According to Berberich, it will then
"be up to the House and Senate leadership to determine its legislative
course." At this point it is unclear what action, if any, the Florida
legislature is prepared to take to preserve the historical record.

The ballots themselves continue to be the focus of media attention.  Most
recently, the Department of Justice detailed numerous voting rights
complaints (some five law suits emerged out of 21 active investigations),
but, as reported in the national press, the Bush Administration opted not
to pursue these complaints asserting that the allegations were "false or
cannot be prosecuted."

4.  NPS PLANS MAJOR REORGANIZATION
Effective October 1, 2002 the National Park Service (NPS) will implement a
reorganization of the offices of the Director and various associate
directors. The reorganization comes in light of the tragedies of September
11 and recommendations culled out of a report of the National Park System
Advisory Board entitled, "Rethinking the National Parks for the 21st
Century." The objective of the reorganization is "to improve service to NPS
employees, agency partners and the public while strengthening management of
natural and cultural resources."

After conducting a review of the Service's 120-plus wide-ranging programs,
Director Fran Mainella and the National Leadership Council proposed a major
"functional realignment."  Of particular interest to history and cultural
resource professionals is the realignment of certain programs currently
under the purview of Associate Director, Kate Stevenson.  Under the plan,
partnership and outdoor recreation programs will be transferred from
Stevenson's oversight to an "Associate Director for Partnerships,
Volunteers and Outdoor Recreation." The original reorganization called
for  interpretive and education programs to be placed under Stevenson who
would assume a new job title, "Associate Director for Cultural Resources,
Interpretation and Education." In meetings last week, however, Stevenson
and other members of the National Leadership Council argued that the
educational and interpretive component of the NPS is of such importance
that it deserves a separate associate director.

For the short term, however, it was decided that Stevenson will oversee the
interpretive and education functions beginning October 1.  By December 31,
2002 a working group is to report to Director Fran Mainella with
recommendations on what interpretive and education program components
should rest in the purview of an Associate Director for Interpretation and
Education.

5.  ADVISORY COMMITTEE ON THE RECORDS OF CONGRESS MEETS
On June 24, 2002 the Advisory Committee on the Records of Congress met at
the Library of Congress in Washington D.C.  The advisory committee was
established under the authority of P.L.101-509 (November 5, 1990) to review
the management and preservation of records of Congress and to "report to
and advise the Congress and the Archivist of the United States on such
management and preservation."  Presiding was the Committee's Chair, Clerk
of the House Jeff  Trandahl.

Following introductory remarks and brief comments by Secretary of the
Senate Jeri Thompson and Archivist of the United States John Carlin, and
after approving the minutes of the previous meeting, the committee
discussed ongoing construction projects at the National Archives and at the
Capitol that impact the records of Congress. Thompson requested that NARA
provide the committee with a full report on how decisions were made with
respect to isolating and protecting the records of Congress (particularly
those stored in the Center for Legislative Archives) during the Archives I
renovation project. The committee also heard a report on recommendations
made by the Congressional Records Roundtable Forum regarding the drafting
of model archival and records manager position descriptions and a records
management checklist.

Considerable discussion focused on replevin of early records of
Congress.  Recently, what appeared to be official records of Congress from
the early national period, including President Madison's Declaration of War
(1812) and several other Congressional documents, went up on the auction
block. The Archivist noted that prior to the Presidential Records Act and
to the creation of the National Archives in the 1930s, some records of
Congress did find their way into public and private collections. Both
Trandahl and Thompson stated that today House and Senate rules and
guidelines are clear about the government ownership and retention of
records and that guidance is also provided to all committees of Congress.
The central problem the committee discussed focused on how best to recover
the earlier records of Congress that today are in the hands of private
collectors.

Under "New Business" the committee initiated a discussion on the impact of
irradiation of all incoming correspondence to Congress and the document
preservation challenge posed by these post-9/11 records.  Several horror
stories relating to the "cooking" of documents were mentioned. NARA staff
is currently studying the long-term impact of irradiation of documents.

6.  NEWS BITS AND BYTES
Item #1 -- NCC Submits Letter in Support of Reconstruction Era Special
Resource Study:  The NCC submitted a letter "for the hearing record" in
support of Senator Ernest Hollings (D-SC ) legislation (S. 2388) "to
authorize a special resources study of certain sites in the historic
district of Beaufort, South Carolina relating to the Reconstruction
era."  A hearing on the bill was conducted before the Senate Energy and
Natural Resources Committee, Subcommittee on National Parks on June 20,
2002.  The ultimate objective of the legislation is to establish a NPS unit
where the primary focus of interpretation and preservation would be on the
events and individuals significant to the Reconstruction era.  During the
hearing, the NPS voiced its support for the bill and recommended amending
the measure to include an authorization of a National Landmark theme study
on the Reconstruction era "that would be conducted in tandem with the
proposed special resource study."  For a copy of the NCC and related
testimony by historian Eric Foner and the Reconstruction History
Partnership, contact NCC Director Bruce Craig at: rbcraig@NCCPH.org

Item #2 -- Gettysburg Tower Taking Settlement Announced: On June 17, 2002
in a 34-page ruling, U.S. District Court Judge Sylvia Rambo ordered the
National Park Service to pay the owners of the now destroyed National Tower
at Gettysburg a total "just compensation" of $5.142 million for the
condemnation and demolition of the 307-foot tower and the lands it rested
on.  The government appraisal of the value of the combined property
interests was $2.5 million. Overview Limited (the entity that had owned the
tower) had asked the Court for compensation of $11.1 million and the
landowners -- Hans G. and Christina A. Enggrens -- had requested
compensation of $2.6 million for a total of $13.7 million for the taking.
In her decision, Rambo ordered that the fair market value of Overview
Limited Partnership's interest in the condemned property is $3.932 million,
and that the fair market value of defendant Hans G. and Christina A.
Enggrens land interest in the condemned property is $1.21 million. The
infamous Gettysburg Tower loomed over the battlefield landscape for decades
until it was seized by the government in May 2000; the tower was toppled in
July 2000 to the near unanimous approval of preservationists.

Item #3 -- GAO Report on Electronic Records:  The Government Accounting
Office (GAO) has issued a report on the challenges faced by the National
Archives (NARA) in preserving electronic records.  "Information Management
Challenges in Managing and Preserving Electronic Records" (GAO-02-586, June
2002) finds that across the board, federal agency compliance with existing
electronic records laws and regulations is problematic.  There is a
systemic failure to inventory systems and schedule records resulting in an
increased risk of premature deletion. In addition, "most electronic records
(including databases of major federal information systems) remain
unscheduled, and records of historical value are not being identified and
provided to NARA for preservation in archives. As a result, valuable
electronic records may be at risk of loss." The report also states that
NARA guidance to agencies "does not address many common products of
electronic information processing, particularly those that result from the
now prevalent distributed, end-user computing environment." For the report,
tap into: <http://www.gao.gov/new.items/d02586.pdf>. For a summary of the
study, tap into the William Matthews article in Federal Computer Week (June
19, 2002) at:
<http://www.fcw.com/fcw/articles/2002/0617/web-nara-06-19-02.asp>.


Item  #4 -- Battlefield Protection Conference:  The American Battlefield
Protection Program will hold its Sixth National Conference on Battlefield
Preservation in Albany, New York, August 16-18, 2002. The conference will
include workshops, lectures, and exhibits on varied topics related to
battlefield preservation.  This year the theme of the conference
is  "Closing Ranks," and symbolizing how the growing battlefield
preservation community is drawing strength from previous preservation
initiatives and building upon new partnerships. For information about the
conference, tap into: http://www2.cr.nps.gov/abpp/, or contact conference
coordinator Kristen Stevens at either 202-523-0010 or by email at:
<kristen_stevens@nps.gov>.

7.   ARTICLES OF INTEREST
One posting this week: In an article entitled, "State of the Debate: The
Historical Present" in The American Prospect (July 15, 2002), author Rick
Perlstein reflects on his experience at the annual meeting of  The
Historical Society.  He asks,  "What has superseded the academic culture
wars of the 1990s?"  For the article, tap into:
<http://www.prospect.org/print/V13/13/perlstein-r.html>.

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