[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.