[Senate Report 106-445]
[From the U.S. Government Publishing Office]



106th Congress                                                   Report
                                 SENATE
 2d Session                                                     106-445

======================================================================



 
            NATIONAL UNDERGROUND RAILROAD FREEDOM CENTER ACT

                                _______
                                

               September 29, 2000.--Ordered to be printed

   Filed under authority of the order of the Senate of September 28 
                 (legislative day, September 22), 2000

                                _______
                                

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

                              R E P O R T

                        [To accompany H.R. 2919]

    The Committee on Energy and Natural Resources, to which was 
referred the Act (H.R. 2919) to promote preservation and public 
awareness of the history of the Underground Railroad by 
providing financial assistance, to the Freedom Center in 
Cincinnati, Ohio, having considered the same, reports favorably 
thereon without amendment and recommends that the Act do pass.

                         Purpose of the Measure

    The purpose of H.R. 2919 is to promote preservation and 
public awareness of the history of the Underground Railroad by 
authorizing the Secretary of the Interior to provide financial 
assistance to the Freedom Center in Cincinnati, Ohio.

                          Background and Need

    In 1990 Congress directed the National Park Service (NPS) 
to study how to best interpret and commemorate the Underground 
Railroad (Public Law 101-628). This study was accomplished in 
coordination with an Underground Railroad Advisory Committee. 
In 1995, the NPS and Committee issued their final report, which 
concluded that the Underground Railroad is not individual sites 
or trails, but rather, networks and geographic regions that 
encompass a variety of partnerships among individuals, Federal, 
State, and local governments, and the private sector. There are 
27 units of the National Park System directly related to the 
Underground Railroad experience, and 55 sites that relate to 
the African-American experience in America. Furthermore, the 
study identified 380 sites and structures in 29 States, Canada, 
Mexico, and the Caribbean islands, under state and local 
government stewardship, or privately owned, that have important 
direct association with the Underground Railroad. Of that 
number, 42 were identified as having potential for designation 
as national historic landmarks.
    The National Underground Railroad Network to Freedom Act of 
1998 (Public Law 105-203) facilitated the establishment of 
partnerships among the Federal, State, and local governments, 
and the private sector, to assist in interpreting and 
commemorating the historical network of buildings,interpretive 
centers, museums, geographic areas and routes that were part of the 
movement to resist slavery in the United States in the decades prior to 
the Civil War. The Act did not create any new National Park System 
units, but authorized the NPS to coordinate, produce and distribute 
appropriate educational materials, and enter into cooperative 
agreements to provide technical assistance to state and local 
governments and the private sector.
    One of the organizations with which the National Park 
Service has been working is the National Underground Railroad 
Freedom Center. The Freedom Center was founded in 1995 as a 
non-profit organization to interpret the history of the 
Underground Railroad through development of a national cultural 
center in Cincinnati, Ohio. The Freedom Center is expected to 
open in 2003, and will include an interpretive center, museum, 
and educational and research facilities. It will employ state-
of-the-art technology and advanced interdisciplinary education 
to commemorate, educate, inspire, and promote reconciliation 
among all races. In 1999, the National Park Service entered 
into a memorandum of understanding with the National 
Underground Railroad Freedom Center for the purpose of sharing 
information, developing educational materials, and using the 
Center's facilities.
    H.R. 2919 authorizes the appropriation of $16 million over 
the four-year period beginning with fiscal year 1999 for the 
Federal share of constructing the Freedom Center facility and 
developing programs and exhibits. The funds would be contingent 
on a non-Federal match of 80 percent of the total project cost. 
In addition, H.R. 2919 amends the National Underground Railroad 
Network to Freedom Act of 1998 (112 Stat. 679; 16 U.S.C. 469l 
and following) to provide the Secretary of the Interior 
authority to make grants for the preservation and restoration 
of historic buildings or structures associated with the 
Underground Railroad. The Secretary may also make grants for 
related research and documentation of sites programs, or 
facilities that have been included in the national network. The 
measure authorizes the appropriation of $2,500,000 for such 
grants in fiscal year 2001 and each subsequent fiscal year.

                          Legislative History

    H.R. 2919 passed the House of Representatives on July 25, 
2000. A similar bill, S. 1617 was introduced by Senators 
DeWine, Voinovich, and McConnell on September 29, 1999. The 
Subcommittee on National Parks, Historic Preservation and 
Recreation held a hearing on S. 1617 on May 11, 2000. At the 
business meeting on September 20, 2000, the Committee on Energy 
and Natural Resources ordered H.R. 2919 favorably reported.

                        Committee Recommendation

    The Committee on Energy and Natural Resources, in open 
business session on September 20, 2000, by a voice vote of a 
quorum present, recommends that the Senate pass H.R. 2919.

                      Section-by-Section Analysis

    Section 1 designates the bill's short title as the 
``National Underground Railroad Freedom Center Act.''
    Section 2 contains congressional findings regarding the 
National Underground Railroad Freedom Center (Freedom Center) 
and outlines the bill'spurposes, which are: (1) to promote 
preservation and public awareness of the history of the Underground 
Railroad; (2) to assist the Freedom Center in the development of its 
programs and facilities in Cincinnati, Ohio; and (3) to assist the 
National Park Service in the implementation of the National Underground 
Railroad Network to Freedom Act (112 Stat. 679; 16 U.S.C. 469l and 
following).
    Section 3 provides definitions for terms used in the bill.
    Section 4(a) authorizes and directs the Secretary of the 
Interior, using funds appropriated pursuant to subsection (d), 
to provide financial assistance to the Freedom Center in order 
to pay up to 20 percent of the cost of activities described in 
section 5.
    Subsection (b) authorizes the Secretary to expend the funds 
to assist in the construction of the Freedom Center and the 
development of programs and exhibits for the facility, which 
will be funded primarily through private and non-Federal funds 
and located on non-Federal property.
    Subsection (c) describes the site of the Freedom Center in 
Cincinnati, Ohio.
    Subsection (d) authorizes the appropriation of funds 
totaling $16 million over the 4 fiscal year period beginning 
October 1, 1999. The funds may be appropriated in one or more 
fiscal years, but may not be disbursed until the Freedom Center 
has commitments for at least 50 percent of the non-Federal 
share.
    Subsection (e) states that the funds will remain available 
for obligation and expenditure until the end of the fiscal year 
succeeding the one in which they are appropriated.
    Subsection (f) contains provisions concerning: (1) a 
requirement that no alteration may be made to the Freedom 
Center except with the agreement of its owner and the 
Secretary; (2) the Secretary's rights with respect to access to 
the Freedom Center for interpretive and other purposes; and (3) 
the rights of the United States should the Freedom Center be 
converted to uses contrary to the purposes of this legislation.
    Section 5 authorizes the Freedom Center to engage in any 
activities related to its objectives described in section 2(a), 
and directs the Freedom Center to give priority to (1) 
construction of the Freedom Center facility, (2) development of 
programs and exhibits, and (3) providing assistance to the 
National Park Service in the implementation of the National 
Underground Railroad Network to Freedom Act.
    Section 6 describes the procedures to be used by the 
Freedom Center in applying to the Secretary for financial 
assistance.
    Section 7 requires the Freedom Center to submit financial 
reports to Congress.
    Section 8 amends section 4 of the National Underground 
Railroad Network to Freedom Act of 1998 (16 U.S.C. 469l et 
seq.) to authorize the Secretary of the Interior to make grants 
for the preservation and restoration of historic buildings or 
structures associated with the Underground Railroad. The 
Secretary may also make grants for related research and 
documentation of sites programs, or facilities that have been 
included in the national network. The measure authorizes the 
appropriation of $2,500,000 for such grants infiscal year 2001 
and each subsequent fiscal year.

                   Cost and Budgetary Considerations

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

                                     U.S. Congress,
                               Congressional Budget Office,
                                Washington, DC, September 25, 2000.
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 H.R. 2919, the National 
Underground Railroad Freedom Center Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Deborah 
Reis (for federal costs) and Marjorie Miller (for the state and 
local impact).
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

H.R. 2919--National Underground Railroad Freedom Center Act

    H.R. 2919 would direct the Secretary of the Interior to 
provide financial assistance to the National Underground 
Railroad Freedom Center in Cincinnati, Ohio. The act would 
authorize the appropriation of $16 million through fiscal year 
2003 to finance 20 percent of the costs of the center's 
activities, primarily constructing a facility and developing 
related programs and exhibits. H.R. 2919 also would authorize 
the appropriation of $2.5 million annually beginning in fiscal 
year 2001 for grants to preserve and restore historic 
structures associated with the Underground Railroad.
    Assuming appropriation of the authorized amounts, CBO 
estimates that the National Park Service would spend $27.5 
million over the 2001-2005 period, including $15 million for 
the Freedom Center facility and $2.5 million for each of the 
five years for historic preservation grants. (The center 
received an appropriation of $1 million in fiscal year 2000.) 
H.R. 2919 would not affect direct spending or receipts; 
therefore, pay-as-you-go procedures would not apply.
    The legislation contains no intergovernmental or private-
sector mandates as defined in the Unfunded Mandates Reform Act. 
State and local governments might incur some costs to match 
federal funds authorized by H.R. 2919, but these costs would be 
voluntary.
    On June 28, 2000, CBO submitted a cost estimate for H.R. 
2919 as ordered reported by the House Committee on Resources on 
June 20, 2000. The two versions of this legislation are 
identical, as are our cost estimates.
    The CBO staff contacts are Deborah Reis (for federal costs) 
and Marjorie Miller (for the state and local impact). This 
estimate was approved by Peter H. Fontaine, 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 H.R. 2919. 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 H.R. 2919, as ordered reported.

                        Executive Communications

    On June 6, 2000, 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. 1617, a bill which 
is similar to H.R. 2919. These reports had not been received at 
the time the report on H.R. 2919 was filed. When the reports 
become available, the Chairman will request that they be 
printed in the Congressional Record for the advice of the 
Senate. The testimony provided by the National Park Service at 
the Subcommittee hearing follows:

 Statement of Denis P. Galvin, Deputy Director, National Park Service, 
                       Department of the Interior

    Mr. Chairman, thank you for the opportunity to present the 
views of the Department of the Interior on S. 1617, to promote 
preservation and public awareness of the history of the 
Underground Railroad by providing financial assistance to the 
Freedom Center in Cincinnati, Ohio.
    The Department opposes the enactment of S. 1617. Our 
opposition to this legislation should not be interpreted as a 
negative view of the Freedom Center. Indeed, the National Park 
Service is working in partnership with the Center as part of 
our program to increase knowledge and public understanding of 
historical events associated with the Underground Railroad, and 
we hope to continue that relationship in the future. Rather, 
our opposition is due to our belief that it is inappropriate to 
use limited National Park Service appropriations to fund 
construction projects and operations for institutions that are 
not part of the National Park System.
    S. 1617 would authorize appropriations of $16 million for 
Fiscal Year 2000 through Fiscal Year 2004 for assistance to the 
Freedom Center, subject to a non-Federal match of 80 percent. 
Funds could be used for construction of the Freedom Center 
facility and the development of programs and exhibits for the 
facility. In addition, S. 1617 would authorize the Secretary of 
the Interior to use employees of the National Park Service to 
carry out agreements between the Secretary and the Freedom 
Center for construction, development and operation of the 
Center.
    The Freedom Center developed from a proposal by the 
Cincinnati chapter of the national Conference of Christians and 
Jews (now called the National Conference for Community and 
Justice) and was incorporated as a non-profit organization in 
1995. The idea for the Center was similar to one of the 
recommendations of the 1995 special resource study on the 
Underground Railroad the National Park Service conducted 
pursuant to Title VI of Public Law 101-628. That recommendation 
called for establishing a commemorative, interpretive, 
educational, and research center for the Underground Railroad.
    However, in the National Underground Railroad Network to 
Freedom Act of 1998 (Public Law 105-203), Congress noted that 
the Underground Railroad Advisory Committee had found that ``no 
single site or route completely reflects and characterizes the 
Underground Railroad since its story and associated resources 
involve networks and regions of the country rather than 
individual sites and trails''. The Act established a program to 
support a range of activities throughout the country to 
commemorate, honor, and interpret the history of the 
Underground Railroad. Congress declined to act on the 
recommendation to establish one primary site for that purpose.
    As part of our implementation of the National Underground 
Railroad Network to Freedom Act, the National Park Service has 
been working with the Freedom Center. In July 1999, the 
National Park Service entered into a memorandum of 
understanding with the Center for the purpose of sharing 
information, developing educational materials, and using the 
Center facilities.
    However, the Freedom Center is only one of many 
organizations with whom we are working to preserve and 
interpret resources associated with the Underground Railroad. 
Most of the National Park Service's efforts have involved 
providing technical assistance to States, local governments, 
non-profit organizations, community groups, and individuals 
that are struggling to preserve the tangible remains of the 
history of the Underground Railroad in their areas. The 
National Park Service's authorized annual budget for the 
program of $500,000 enables us to respond to requests for 
technical assistance, but there is an enormous demand for 
financial assistance for all aspects of preserving and 
interpreting Underground Railroad resources that is far beyond 
our means and jurisdiction.
    Many of the requests we receive involve community efforts 
to document and preserve Underground Railroad properties and to 
develop interpretive centers within them. These communities 
typically have high hopes these sites will generate tourism 
revenue that could be used to assist in preservation and to 
rejuvenate their communities. Some organizations have 
approached us about making their Underground Railroad sites 
units of the National Park System.
    In these circumstances, providing funding through the 
National Park Service for construction and operation to the 
Freedom Center would likely lead to similar requests from other 
groups that want to establish Underground Railroad interpretive 
sites in their communities. It would also undoubtedly strain 
the trust and relationships with other organizations that the 
National Park Service has worked hard to develop, and upon 
which the success of this relatively modest Federal program 
depends.
    Mr. Chairman, to emphasize again, our opposition to the 
legislation is not a judgment about the Freedom Center. The 
Department recently testified against two other bills that 
authorized funding for two worthy institutions that are not 
part of the National Park System--the Palace of Governors in 
New Mexico and the Lincoln Interpretive Center in Illinois. We 
opposed those bills, as we oppose this one, because unless 
there were unexpected substantial increases in funding for the 
National Park Service in coming years, funding for institutions 
that are not part of the National Park System will compete 
directly with funding that the NPS needs to manage units of the 
National Park System. That includes funding for the long and 
costly list of deferred construction projects in our national 
parks.
    In addition, we have serious concerns about Section 4(f) of 
S. 1617, which would authorize the Secretary to use National 
Park Service staff for the center. We believe it would be 
unwise to allow National Park Service employees to work for 
institutions that are not part of the National Park System, and 
we believe such a provision would set a troubling precedent.
    Mr. Chairman, this concludes my statement. I would be 
pleased to respond to questions from you or other committee 
members.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the Act H.R. 2919, 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):

                           Public Law 105-203


AN ACT To establish within the United States National Park Service the 
National Underground Railroad Network to Freedom program, and for other 
                               purposes.

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

           *       *       *       *       *       *       *


SEC. 4. PRESERVATION OF HISTORIC SITES OR STRUCTURES.

    (a) Authority to Make Grants.--the Secretary of the 
Interior may make grants in accordance with this section for 
the preservation and restoration of historic buildings or 
structures associated with the Underground Railroad, and for 
related research and documentation to sites, programs, or 
facilities that have been included in the national network.
    (b) Grant Conditions.--Any grant made under this section 
shall provide that--
          (1) no change or alteration may be made in property 
        for which the grant is used except with the agreement 
        of the property owner and the Secretary;
          (2) the Secretary shall have the right of access at 
        reasonable times to the public portions of such 
        property for interpretive and other purposes; and
          (3) conversion, use, or disposal of such property for 
        purposes contrary to the purposes of this Act, as 
        determined by the Secretary, shall result in a right of 
        the United States to compensation equal to all Federal 
        funds made available to the grantee under this Act.
    (c) Matching Requirement.--The Secretary may obligate funds 
made available for a grant under this section only if the 
grantee agrees to match, from funds derived from non-Federal 
sources, the amount of the grant with an amount that is equal 
to or greater than the grant. The Secretary may waive the 
requirement of the preceding sentence with respect to a grant 
if the Secretary determines that an extreme emergency exists or 
that such a waiver is in the public interest to assure the 
preservation of historically significant resources.
    (d) Funding.--There are authorized to be appropriated to 
the Secretary for purposes of this section $2,500,000 for 
fiscal year 2001 and each subsequent fiscal year. Amounts 
authorized but not appropriated in a fiscal year shall be 
available for appropriation in subsequent fiscal years.

                                  
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