[Senate Report 108-332]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 688
108th Congress                                                   Report
                                 SENATE
 2d Session                                                     108-332
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  MARTIN LUTHER KING, JUNIOR, NATIONAL HISTORIC SITE LAND EXCHANGE ACT

                                _______
                                

                August 25, 2004.--Ordered to be printed

   Filed, under authority of the order of the Senate of July 22, 2004

                                _______
                                

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

                              R E P O R T

                         [To accompany S. 1616]

    The Committee on Energy and Natural Resources, to which was 
referred the Act (H.R. 1616) to authorize the exchange of 
certain lands within the Martin Luther King, Junior, National 
Historic Site for lands owned by the City of Atlanta, Georgia, 
and for other purposes, 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. 1616 is to authorize the exchange of 
certain lands within the Martin Luther King, Junior, National 
Historic Site for lands owned by the city of Atlanta, Georgia.

                          Background and Need

    The Martin Luther King, Junior, National Historic Site is 
located in downtown Atlanta. The historic site's visitor center 
is located on a very small lot that has no emergency access, 
making it virtually impossible for firefighting and other 
emergency equipment to reach the historic site. To address this 
problem, the city of Atlanta has agreed to exchange a parcel of 
land adjacent to the historic site for a vacant lot owned by 
the National Park Service (NPS). The vacant lot has been deemed 
by the NPS to have no historic significance and is of interest 
to the city of Atlanta for development purposes. The 
acquisition of the city-owned property would allow the NPS to 
establish easy street access to the visitor center and museum 
and greatly improve the ability for emergency vehicles to reach 
the historic site.
    To facilitate this exchange, H.R. 1616 will amend the 
park's enabling legislation, Public Law 96-428, to allow the 
Secretary of the Interior to acquire additional lands by 
exchange.

                          Legislative History

    H.R. 1616 was introduced by Representative Lewis on April 
3, 2003. The bill was favorably reported by the House Committee 
on Resources on July 9, 2003 (H. Rpt. 108-255). A similar 
measure, S. 1789, was introduced by Senator Miller on October 
28, 2003. The Senate Subcommittee on National Parks held a 
hearing on H.R. 1616 and S. 1789 on May 20, 2004. The Committee 
on Energy and Natural Resources ordered H.R. 1616 favorably 
reported on July 14, 2004.

                        Committee Recommendation

    The Committee on Energy and Natural Resources, in an open 
business session on July 14, 2004, by a unanimous voice vote of 
a quorum present, recommends that the Senate pass S. 1616 as 
described herein.

                      Section-by-Section Analysis

    Section 1 entitles this bill the ``Martin Luther King, 
Junior, National Historic Site Land Exchange Act''.
    Section 2(a) contains Congressional findings.
    Subsection (b) states that the purpose of the Act is to 
authorize a land exchange between the National Park Service and 
the city of Atlanta.
    Section 3 amends the enabling Act for the historic site, 
Public Law 96-428.

                   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, July 16, 2004.
Hon. Pete V. Domenici,
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. 1616, the Martin 
Luther King, Junior, National Historic Site Land Exchange Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                       Douglas Holtz-Eakin,
                                                          Director.
    Enclosure.

H.R. 1616--Martin Luther King, Junior, National Historic Site Land 
        Exchange Act

    H.R. 1616 would authorize the National Park Service (NPS) 
to acquire land within for the Martin Luther King, Junior, 
National Historic Site by exchange. The new authority would 
enable the NPS to exchange a small parcel of land owned by the 
agency for a parcel owned by the city of Atlanta that is less 
than 0.5 acres. The newly acquired tract would be used for 
access to the historic site.
    Based on information provided by the NPS and assuming the 
availability of appropriations, CBO estimates that it would 
cost the federal government about $200,000 over the next fiscal 
year to complete the exchange and pave the new property. For 
this estimate, CBO assumes that the properties to be exchanged 
would be determined by NPS to be roughly equal in value.
    H.R. 1616 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments.
    On August 11, 2003, CBO transmitted a cost estimate for 
H.R. 1616 as ordered reported by the House Committee on 
Resources on July 9, 2003. The two versions of the legislation 
are identical, as are the costs.
    The CBO staff contact for this estimate is Deborah Reis. 
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. 1616.
    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. 1616.

                        Executive Communications

    On May 7, 2004, 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 H.R. 1616. These 
reports had not been received when this report was filed. The 
testimony provided by the Department of the Interior at the 
Subcommittee hearing on H.R. 1616 follows:

    Statement of Paul Hoffman, Deputy Assistant Secretary, Fish and 
          Wildlife and Parks, U.S. Department of the Interior

    Mr. Chairman and members of the subcommittee, thank you for 
the opportunity to present the Department's views on S. 1789 
and H.R. 1616. These bills would authorize the exchange of 
lands within the Martin Luther King, Junior, National Historic 
Site for lands owned by the City of Atlanta, Georgia.
    The Department supports both of these bills, which are 
identical. At a hearing on June 17, 2003, the Department 
testified in support of H.R. 1616, which passed the House 
without amendment on October 28, 2003.
    Both bills would allow the National Park Service (NPS) to 
exchange land currently owned on Edgewood Avenue for land of 
equal or greater value from the City of Atlanta (City). The 
exchange would provide the Martin Luther King, Junior, National 
Historic Site (park) with emergency access to the park visitor 
center, and would help in the continuing revitalization of 
Edgewood Avenue. Although appraisals have not been completed, 
there would be no acquisition costs associated with this equal 
value exchange. Development of the newly acquired land, in 
order to provide paved access for emergency vehicles, is 
estimated to cost $160,000. There would be no increase in 
operational costs or the need to fund additional facilities.
    Both bills would amend Section 2(b) of P.L. 96-428, the act 
that established Martin Luther King, Jr. National Historic 
Site, to allow the Secretary of the Interior to acquire land 
within the boundary of the park that is owned by the State of 
Georgia, or any political subdivision of the State, by 
exchange. Currently, P.L. 96-428 only allows the Secretary to 
acquire such lands by donation.
    The park and nearby Preservation District, which includes 
Sweet Auburn, the economic and cultural center of Atlanta's 
African American community during most of the 20th century, 
were established in 1980 to preserve, protect and interpret the 
places where Dr. King was born, worked, worshipped, and is 
buried. Located near downtown Atlanta, the park consists of 
34.47 acres, of which 13.04 acres is currently in federal 
ownership.
    Most of the park is self-guided, including the visitor 
center, Historic Ebenezer Baptist Church, Dr. King's gravesite, 
Freedom Hall and Historic Fire Station No. 6. Guided tours are 
provided for Dr. King's Birth Home. In addition, the park 
preserves and maintains 22 historic properties. Most these 
properties are located on the same block as the Birth Home and 
are restored to the 1930s period when Dr. King lived on Auburn 
Avenue. These historic properties are leased, as residential 
units, to the general public.
    In 1992 when the NPS began planning for a visitor center, 
the preferred location was determined to be the site of the 
City-owned Martin Luther King, Jr. Community Center. In 
accordance with P.L. 96-428, land could only be acquired from 
the City of Atlanta by donation. The City, realizing the 
importance of having an NPS visitor center within the park, 
agreed to donate the community center to the NPS.
    Due in large part to the City's generosity, the visitor 
center has been completed. However, emergency vehicles are 
unable to access the visitor center from nearby streets and 
additional land is needed to provide this emergency vehicle 
access. The City owns 1.71 acres that are adjacent to the 
visitor center, have easy access from Jackson Street, and could 
be developed to provide the needed emergency access for the 
visitor center. The City is interested in conveying all, or a 
portion, of this property to the NPS through an exchange.
    When the park was established, the boundary was created to 
ensure the preservation of Dr. King's neighborhood. Included 
within the boundary is Edgewood Avenue. In order to assure 
preservation of the area NPS has gradually acquired several 
properties along Edgewood Avenue, which was a deteriorating 
commercial area.
    At the time the park was established, there were no local 
efforts to preserve properties along Edgewood Avenue. However, 
during the past 10 years several individuals and organizations, 
with the support of the City, have initiated restoration of the 
preservation district, including Edgewood Avenue. NPS ownership 
on Edgewood Avenue is no longer needed solely to ensure 
preservation and NPS has identified land along Edgewood Avenue 
that would be suitable for an exchange with the City, in order 
to acquire the parcel adjacent to the visitor center.
    That completes my testimony. I would be happy to answer any 
questions that you or any 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 existing law made by 
H.R. 1616, 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 96-428


 AN ACT To establish the Martin Luther King, Junior, National Historic 
          Site 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. That (a) in 
order to protect and interpret for the benefit, inspiration, 
and education of present and future generations the places 
where Martin Luther King, Junior, was born, where he lived, 
worked, and worshipped, and where he is buried, there is hereby 
established the Martin Luther King, Junior, National Historic 
Site in the State of Georgia. The national historic site shall 
consist of that real property in the city of Atlanta, Georgia, 
within the boundary generally depicted on the map entitled 
``Martin Luther King, Junior, National Historic Site Boundary 
Map'', numbered NASM/SERO/20, 109-C, and dated May 1980, 
together with the property known as 234 Sunset Avenue, 
Northwest. The map referred to in this subsection shall be on 
file and available for public inspection in the local and 
Washington, District of Columbia office of the National Park 
Service, Department of the Interior.
    (b) In furtherance of the purposes of this Act, there is 
hereby established the Martin Luther King, Junior, Preservation 
District, which shall consist of the area identified as 
``Preservation District'' in the map referred to in subsection 
(a) of this section.
    Sec. 2. (a) The Secretary of the Interior (hereinafter 
referred to as the ``Secretary'') shall administer the Martin 
Luther King, Junior, National Historic Site and Preservation 
District in accordance with the provisions of this Act, and the 
provisions of law generally applicable to national historic 
sites, including the Act of August 25, 1916 (39 Stat. 535; 16 
U.S.C. 1, 2-4) and the Act of August 21, 1935 (49 Stat. 666; 16 
U.S.C. 461-7).
    (b)(1) Within the national historic site the Secretary is 
authorized to acquire by donation, purchase with donated or 
appropriated funds transfer, or exchange, lands and interests 
therein, except that property owned by the State of Georgia or 
any political subdivision thereof may be acquired only by 
donation[.] or exchange.

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