[Senate Report 105-210]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 407
105th Congress                                                   Report
                                 SENATE

 2d Session                                                     105-210
_______________________________________________________________________


 
       MARTIN LUTHER KING, JR., MEMORIAL IN THE NATION'S CAPITAL

                                _______
                                

                 June 10, 1998.--Ordered to be printed

_______________________________________________________________________


  Mr. Murkowski, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                      [To accompany S.J. Res. 41]

    The Committee on Energy and Natural Resources, to which was 
referred the joint resolution (S.J. Res. 41) approving the 
location of a Martin Luther King, Jr., Memorial in the Nation's 
Capital, having considered the same, reports favorably thereon 
without amendment and recommends that the joint resolution do 
pass.

                         purpose of the measure

    The purpose of S.J. Res. 41 is to approve the location of a 
Martin Luther King, Jr., memorial in Area I of the District of 
Columbia or its environs.

                          background and need

    Dr. Martin Luther King, Jr., the central figure of the 
Civil Rights movement, was a man who strove to advance the 
cause of equality for all Americans. Dr. King dedicated himself 
through nonviolent means to promote the principles of justice 
and equality and who paid the ultimate price for his beliefs. 
Dr. King has had a profound effect on all Americans which will 
continue through history.
    Section 508 of the Omnibus Parks and Public Lands 
Management Act of 1996 (Public Law 104-333) authorized the 
Secretary of the Interior to permit the Alpha Phi Alpha 
Fraternity to establish a memorial on Federal Lands in the 
District of Columbia consistent with the requirements of the 
Commemorative Works Act (Public Law 99-652). Alpha Phi Alpha 
will coordinate funding and the design of the memorial, which 
will be funded entirely through private donations, at no cost 
to the public.
    The Alpha Phi Alpha Fraternity requested that the Martin 
Luther King, Jr. Memorial be located in Area I, the monumental 
core area. Under the Commemorative Works Act, if a memorial is 
to be sited in Area I, the Secretary of the Interior must 
notify Congress that he finds the proposed commemorative work 
to be of ``preeminent historical and lasting significance to 
the Nation.'' Congress must then pass a resolution approving 
the siting of the memorial in Area I within 150 days after 
receiving the Secretary's recommendations, otherwise it is 
deemed disapproved.
    On January 29, 1998, the Acting Secretary of the Interior 
for Fish and Wildlife and Parks transmitted a letter to 
Congress recommending that the Martin Luther King, Jr. memorial 
be located in Area I. The 150-day approval period expires on 
July 24, 1998.

                          legislative history

    S.J. Res. 41 was introduced by Senators Sarbanes and Warner 
on February 23, 1998 and referred to the Committee on Energy 
and Natural Resources. Since the bill's introduction, the 
following cosponsors have been added: Senators Landrieu, 
Cleland, Abraham, Robb, and Kennedy.
    The Subcommittee on National Parks, Historic Preservation 
and Recreation held a hearing on S.J. Res. 41 on March 24, 
1998.

                        committee recommendation

    The Committee on Energy and Natural Resources, in open 
business session on May 13, 1998, by a unanimous vote of a 
quorum present, recommends that the Senate pass S.J. Res. 41. 
The rollcall vote on reporting the measure was 20 yeas, 0 nays, 
as follows:
    Yeas: Mr. Murkowski, Mr. Domenici, Mr. Nickles,\1\ Mr. 
Craig, Mr. Campbell, Mr. Thomas, Mr. Kyl, Mr. Grams,\1\ Mr. 
Smith, Mr. Gorton, Mr. Burns,\1\ Mr. Bumpers, Mr. Ford, Mr. 
Bingaman, Mr. Akaka, Mr. Dorgan,\1\ Mr. Graham,\1\ Mr. Wyden, 
Mr. Johnson, and Ms. Landrieu.
---------------------------------------------------------------------------
    \1\ Indicates voted by proxy.
---------------------------------------------------------------------------

                        summmary of S.j. res. 41

    S.J. Res. 41 approves the location of the proposed Martin 
Luther King, Jr., Memorial, authorized by the Omnibus Parks and 
Public Lands Management Act of 1996, in Area I as provided 
under the Commemorative Works Act.

                   cost and budgetary considerations

    The following cost estimate for this measure has been 
provided by the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, May 20, 1998.
Hon. Frank H. Murkowski,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S.J. Res. 41, a joint 
resolution approving the location of a Martin Luther King Jr., 
Memorial in the Nation's Capital.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                         June E. O'Neill, Director.
    Enclosure.

S.J. Res. 41--A joint resolution approving the location of a Martin 
        Luther King, Jr., Memorial in the Nation's Capital

    CBO estimates that enacting S.J. Res. 41 would have no 
impact on the federal budget. Because the resolution would not 
affect revenues or direct spending, pay-as-you-go procedures 
would not apply. S.J. Res. 41 contains no intergovernmental or 
private-sector mandates as defined in the Unfunded Mandates 
Reform Act of 1995 and would not affect the budgets of state, 
local, or tribal governments.
    S.J. Res. 41 would approve the location recommended by the 
Secretary of the Interior for the Martin Luther King, Jr., 
Memorial. Construction of the memorial (with nonfederal funds) 
was authorized by the Omnibus Parks and Public Lands Management 
Act of 1996.
    The CBO staff contact for this estimate is Deborah Reis. 
This estimate was approved by Robert A. Sunshine, Deputy 
Assistant Director for Budget Analysis.

                      regulatory impact evaluation

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S.J. Res. 41. S.J. Res. 41 is not a regulatory 
measure in the sense of imposing Government-established 
standards or significant economic responsibilities on private 
individuals and businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any additional paperwork would result from 
enactment of S.J. Res. 41, as ordered reported.

                        executive communications

    On May 14, 1998, the Committee on Energy and Natural 
Resources received a legislative report from the Department of 
the Interior and the Office of Management and Budget setting 
forth agency recommendations on S.J. Res. 41. The legislative 
report and the Department of the Interior's transmittal letter 
for S.J. Res. 41 follow:

                   U.S. Department of the Interior,
                                   Office of the Secretary.
                                  Washington, DC, January 29, 1998.
Hon. Albert Gore, Jr.,
President of the Senate,
Washington, DC.
    Dear Mr. President: Public Law 104-333, Section 508, 110 
STAT. 4157, (1966), authorized the Alpha Phi Alpha Fraternity 
to establish a memorial to Martin Luther King, Jr., in the 
District of Columbia pursuant to the Commemorative Work Act, 40 
U.S.C. Sec. Sec. 1001-1010 (1994 & Supp. I 1995).
    The Alpha Phi Alpha Fraternity has requested that the 
memorial be located in Area I, the area comprising the central 
Monumental Core of the District of Columbia and its environs, 
which is defined in section 1002(e) of the Commemorative Works 
Act by a referenced map. Section 1006(a) of that Act provides 
that the Secretary of the Interior, after consultation with the 
National Capital Memorial Commission, may recommend locating a 
commemorative work in Area I only if the Secretary determines 
that the subject of the memorial is of preeminent historical 
and lasting significance to the Nation. If a determination of 
preeminence and lasting significance is made, this section 
further provides that the Secretary shall notify the Congress 
and recommend that the memorial be located in Area I.
    Following its public meeting on July 29, 1997, the National 
Capital Memorial Commission advised me that Dr. King, the 
central figure of the Civil Rights movement, a man who strove 
to advance the cause of equality for all Americans, and a man 
who dedicated himself through nonviolent means to promote the 
principles of justice and equality, who paid the ultimate price 
for his beliefs, has had a profound effect on all Americans 
which will continue through history.
    I have considered the advice and find the subject to be of 
preeminent historical and lasting significant to the Nation. 
The Alpha Phi Alpha Fraternity should be granted the authority 
to consider locations within Area I as potential sites for the 
memorial to Martin Luther King, Jr.
    In accordance with section 1006(a) of the Act, notice is 
hereby given that I have, through my designee, consulted with 
the National Capital Memorial Commission, and recommend that 
the memorial be authorized a location within Area I. Under 
section 1006(a) of that Act, my recommendation to locate this 
memorial in Area I shall be deemed disapproved unless, not 
later than 150 days after this notification, the recommendation 
is approved by law.
    No sites have been considered in advance of this 
recommendation. Enclosed is a draft of a joint resolution to 
authorize location of this memorial in Area I. We recommend 
that it be referred to the appropriate Committee for 
consideration.
    The Office of Management and Budget has advised that there 
is no objection to the enactment of the enclosed draft joint 
resolution from the standpoint of the Administration's program.
            Sincerely,
                                         Dan Barry,
                             Acting Assistant Secretary for
                                       Fish and Wildlife and Parks.
    Enclosure.
                              ----------                              

                   U.S. Department of the Interior,
                                   Office of the Secretary,
                                      Washington, DC, May 13, 1998.
Hon. Frank H. Murkowski,
Chairman, Committee on Energy and Natural Resources,
Senate Dirkson Office Building,
Washington, DC.
    Dear Mr. Chairman: On Wednesday, May 13, the Committee is 
scheduled to mark up S.J. Res. 41, a bill to authorize the 
location of a proposed memorial to Martin Luther King, Jr., in 
Area I of the District of Columbia or its environs. The 
Department strongly supports S.J. Res. 41.
    Congress enacted and the President approved legislation 
authorizing the Alpha Phi Alpha Fraternity to establish this 
memorial on federal lands in the District of Columbia or its 
environs on November 12, 1996. The Commemorative Works Act of 
1986 sets forth strict requirements for locating a memorial in 
the central monumental core of the Capital City, which is 
designated as ``Area I.'' The primary requirement stipulates 
that the Secretary must find that the subject of the memorial 
is of preeminent historical and lasting significance to the 
Nation.
    The National Capital Memorial Commission met on July 29, 
1997, and unanimously endorsed this proposal to the Secretary 
of the Interior. As a key figure in the Civil Rights movement, 
Dr. King strove to advance the cause of equality for African 
Americans as well as instill in all Americans the great promise 
of this Nation for a better life. The Secretary has determined 
that the Alpha Phi Alpha Fraternity, of which Dr. King was a 
member, should be granted the authority to consider locations 
within Area I as potential sites for this memorial.
    Under section 6 of the Commemorative Works Act, the 
location will be deemed disapproved unless ``approved by law'' 
within 150 calendar days from notification to the Congress by 
the Secretary of his recommendation of Area I. The time period 
for approval expires July 24, 1998. The Department, therefore, 
urges timely and favorable action on S.J. Res. 41.
    The Office of Management and Budget advises that there is 
no objection to the presentation of this report from the 
standpoint of the Administration's program.
            Sincerely,
                                    Nancy K. Hayes,
                             Acting Assistant Secretary for
                                       Fish and Wildlife and Parks.

                        changes in existing law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee notes that no 
changes in existing law are made by S.J. Res. 41, as ordered 
reported.

                                
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