[Senate Report 105-39]
[From the U.S. Government Publishing Office]



                                                        Calendar No. 97
105th Congress                                                   Report
                                 SENATE

 1st Session                                                     105-39
_______________________________________________________________________


 
     JIMMY CARTER NATIONAL HISTORIC SITE AND PRESERVATION DISTRICT

                                _______
                                

                 June 26, 1997.--Ordered to be printed

_______________________________________________________________________


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

                                 REPORT

                         [To accompany S. 669]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 669) to provide for the acquisition of 
the Plains Railroad Depot at the Jimmy Carter National Historic 
Site, having considered the same, reports favorably thereon 
without amendment and recommends that the bill do pass.

                         Purpose of the Measure

    The purpose of S. 669 is to authorize the acquisition of 
the Plains Railroad Depot, by means other than donation, for 
inclusion in the Jimmy Carter National Historic Site in Plains, 
Georgia.

                          Background and Need

    The Jimmy Carter National Historic Site in Plains, Georgia 
was established by Congress in 1987, PL 100-206. The enabling 
legislation included authorization to acquire the Plains 
Railroad Depot by donation only. S. 669 would amend the 
enabling Act to remove the donation only limitation in order to 
allow for a ``friendly condemnation'' proceeding to clear 
title.
    The Plains, Georgia railroad depot (depot) was the site of 
former President Carter's campaign headquarters during the 1976 
presidential campaign. The depot, built about 1890, was built 
on land deeded to the railroad in 1888 by a citizen of the town 
named M.L. Hudson. The deed stipulated that should the railroad 
no longer require the land, the lot upon which the depot is 
located would be returned to the heirs of the Hudson family. 
From the time of the establishment of the Historical Site in 
1987, the National Park Service has attempted to identify the 
Hudson heirs. A number of heirs have been located and the 
agency reports that to date, those located support inclusion of 
the depot within the historical site. The NPS does not believe 
that all the heirs with a potential claim have been located in 
spite of years of effort. This legislation would allow 
completion of the acquisition through a ``friendly 
condemnation'' proceeding.
    Because of the confusion over identification of the Hudson 
heirs, the depot has not been developed to its full potential 
as an element of the historic site. For example, the small 
parking lot is muddy during wet weather and dusty during dry 
weather. The depot is currently served by a sub-standard septic 
tank because hook-up with the town sewer system has not been 
possible without clear title. As a result, the depot has been 
boarded up and unavailable for visitation.
    According to the site General Management Plan (GMP) and 
Development Concept Plan (DCP) for the historic site, the depot 
will be converted into a museum. The theme of the museum will 
be highlighted by converting the depot to its appearance during 
the 1976 campaign. Exhibits and interpretive displays will be 
constructed using local volunteers and NPS labor and design. 
Site managers estimate that by using local resources, costs 
will be cut from $512,000 (using contractors) down to $50,000--
or one tenth of the originally projected contractor cost.

                          Legislative History

    S. 669 was introduced by Senators Coverdell and Cleland on 
April 30, 1997. The Subcommittee on National Parks, Historic 
Preservation and Recreation held a hearing on the bill on May 
21, 1997.
    At the business meeting on June 11, 1997, the Committee on 
Energy and Natural Resources ordered S. 669, as amended, 
favorably reported.

           Committee Recommendations and Tabulation of Votes

    The Committee on Energy and Natural Resources, in open 
business session on June 12, 1997, by a unanimous vote of a 
quorum present, recommends that the Senate pass S. 669 without 
amendment.
    The rollcall vote on reporting the measure was 20 yeas, 0 
nays, as follows:
        YEAS                          NAYS
Mr. Murkowski
Mr. Domenici
Mr. Nickles
Mr. Craig
Mr. Campbell
Mr. Thomas
Mr. Kyl
Mr. Grams
Mr. Smith
Mr. Gorton
Mr. Burns\1\
Mr. Bumpers
Mr. Ford
Mr. Bingaman\1\
Mr. Akaka\1\
Mr. Dorgan\1\
Mr. Graham\1\
Mr. Wyden
Mr. Johnson\1\
Ms. Landrieu

    \1\Indicates voted by proxy.

                           Summary of S. 669

    S. 669 modifies Section 1(c)(2) of the enabling Act for the 
Jimmy Carter National Historic Site to remove the restriction 
that the Plains Railroad depot be acquired only by donation for 
inclusion in the Jimmy Carter National Historic Site.

                   Cost and Budgetary Considerations

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

               Congressional Budget Office Cost Estimate

S. 669. A bill to provide for the acquisition of the Plains Railroad 
        Depot at the Jimmy Carter National Historic Site

    CBO estimates that implementing S. 669 would cost the 
federal government less than $20,000, assuming appropriation of 
the necessary amount. The bill would not affect direct spending 
or receipts; therefore, pay-as-you-go procedures would not 
apply. S. 669 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act of 1995 
and would not have a significant impact on the budgets of 
state, local, or tribal governments.
    S. 669 would remove the existing prohibition on the 
purchase of the Plains Railroad Depot, one of the properties 
that compose the Jimmy Carter National Historic Site. Under 
current law, this property may only be acquired by donation. 
Eliminating the restriction on paying for the property would 
enable the National Park Service (NPS) to acquire about 0.3 
acres of land associated with the depot building (which the 
agency already owns) through condemnation. The NPS believes 
that using the condemnation procedure is necessary to resolve 
certain questions surrounding the ownership of the property.
    Based on information provided by the NPS and assuming 
appropriation of the necessary funds, CBO estimates that the 
government would spend less than $20,000 to purchase and 
develop the depot land in 1998. Most of this amount would 
probably be deposited in escrow for the benefit of heirs to the 
property that may be identified as a result of the condemnation 
proceeding. The NPS would use the balance to develop parking 
and other facilities for the depot.
    The CBO contact for this estimate is Deborah Reis. The 
estimate was approved by Paul N. Van de Water, 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. 669. The bill 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 the 
enactment of S. 669, as ordered reported.

                        Executive Communications

    On May 21, 1997, the Committee on Energy and Natural 
Resources requested legislative reports from the Department of 
the Interior and the Office of Management and Budget setting 
forth Executive agency recommendations on S. 669. These reports 
had not been received at the time the report on S. 669 was 
filed. When these reports become available, the Chairman will 
request that they be printed in the Congressional Record for 
the advice of the Senate. The testimony of the Department of 
the Interior at the Subcommittee hearing follows:

 Statement of Katherine H. Stevenson, Associate Director for Cultural 
    Resources, Partnerships and Stewardship, National Park Service, 
                       Department of the Interior

    Mr. Chairman, thank you for the opportunity to offer the 
Department of the Interior's views on S. 669, a bill to amend 
the Act of December 23, 1987 (P.L. 100-206), that established 
the Jimmy Carter National Historic Site and Preservation 
District to authorize the acquisition of the Plains Railroad 
Depot by donation, purchase with donated or appropriated funds, 
exchange, or other means.
    We strongly support this legislation, and we recommend its 
enactment.
    The Plains Railroad Depot, which was built in 1888, served 
as the headquarters for Jimmy Carter's successful 1976 
presidential campaign. The depot is cited in the act that 
established the Jimmy Carter National Historic Site and 
Preservation District as one of four cultural resources that 
has significant historical association with the 39th President 
of the United States. The railroad depot is an integral part of 
the Jimmy Carter National Historic Site and Preservation 
District, which also includes the boyhood home of Jimmy Carter, 
the Plains High School, and the Carter compound. The Jimmy 
Carter National Historic Site tends to have especially heavy 
visitation from school groups and in 1990, the depot alone had 
34,822 visitors.
    During the 1976 presidential campaign, the depot figured 
prominently in media coverage and became closely associated 
with Jimmy Carter, the candidate. The campaign itself was 
remarkable in that it succeeded in bringing a largely unknown 
contender to the attention of the entire country.
    Although the Plains Historic Preservation Trust donated the 
depot structure to the National Park Service in 1988, the 0.19 
acre tract on which the depot stands remains in private 
ownership. M.L. Hudson conveyed an easement for railroad 
purposes to the railroad company, which is now CSX. No 
conveyance of the underlying fee title took place. The city of 
Plains and the National Park Service have sought for several 
years to resolve the question of property ownership, but we 
have been unable to determine the heirs of the original 
landowner.
    Under current law the Secretary is authorized to acquire 
the land on which the depot stands only through donation. This 
restriction prevents the National Park Service from acquiring 
the property; and because the National Park Service does not 
own the property on which the depot stands, we are unable to 
connect the facility to the city sewer system or to provide 
visitor parking, sidewalks or access to the building for the 
disabled. S. 669 would release the donation restriction on the 
acquisition of the property and would allow the National Park 
Service to clear title to the property by other means of 
acquisition including a quiet title action, and to compensate 
the owners should they be located.
    Despite the constraints imposed by the fact that the land 
is not in Federal ownership, we have been able to move forward 
with the development of the depot structure into a museum. This 
progress is due, in large part, to a partnership between the 
National Park Service and an organization of collectors of 
political memorabilia. This 80-member organization, called the 
Carter Political Items Collectors (CPIC), is a subchapter of a 
much later group, the American Political Items Collectors, who 
is interested in American political history.
    The partnership began two years ago when President Carter 
suggested that the CPIC assist the National Park Service with 
the project of converting the railroad depot into a museum. 
Efforts are well underway to establish in the depot fourteen 
exhibits and two audiovisual programs focusing on key events in 
President Carter's journey through the national primaries, 
caucuses, Democratic convention and the general election. We 
will also highlight the major role the small railroad depot 
played in the 1976 presidential campaign.
    Because of the success of the partnership with CPIC, this 
project will be completed at a cost of approximately $50,000 
instead of $512,000 which was the cost estimate included in the 
General Management Plan for the site. We expect to host the 
opening of the depot museum on September 27, of this year.
    Mr. Chairman, this concludes my prepared remarks. I will be 
pleased to answer any questions you or other members of the 
Subcommittee may have.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in law made by the bill 
S. 669, as ordered reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

    AN ACT To establish the Jimmy Carter National Historic Site and 
 Preservation District in the State of Georgia, and for other purposes

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

SECTION 1. ESTABLISHMENT OF JIMMY CARTER NATIONAL HISTORIC SITE.

          * * * * * * *
    (c) Acquisition of Real and Personal Property.--(1) Except 
as otherwise provided in this subsection and subject to such 
terms, reservations, and conditions as the Secretary determines 
reasonable or necessary, the Secretary may acquire by donation, 
purchase with donated or appropriated funds, exchange, or 
otherwise--
          (A) lands and interests in lands within the 
        boundaries of the historic site; and
          (B) personal property and artifacts for purposes of 
        the historic site.
    (2) The Carter home (described in subsection (b)(2)(A)[, 
the Plains Railroad Depot (described in subsection (b)(2)(B)),] 
and the Plains High School (referred to in subsection 
(b)(2)(E)) may only be acquired by donation.
          * * * * * * *