[Senate Report 106-445]
[From the U.S. Government Publishing Office]
106th Congress Report
SENATE
2d Session 106-445
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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.