[Senate Report 110-362]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 794
110th Congress                                                   Report
                                 SENATE
 2d Session                                                     110-362

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          GREEN MCADOO SCHOOL NATIONAL HISTORIC SITE STUDY ACT

                                _______
                                

                 June 16, 2008.--Ordered to be printed

                                _______
                                

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

                              R E P O R T

                         [To accompany S. 2207]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 2207) to direct the Secretary of the 
Interior to study the suitability and feasibility of 
designating Green McAdoo School in Clinton, Tennessee as a unit 
of the National Park System, and for other purposes, having 
considered the same, reports favorably thereon with an 
amendment and recommends that the bill, as amended, do pass.
    The amendment is as follows:
    Strike out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Green McAdoo School National Historic 
Site Study Act of 2008''.

SEC. 2. GREEN MCADOO SCHOOL NATIONAL HISTORIC SITE SPECIAL RESOURCE 
                    STUDY.

  (a) In General.--The Secretary of the Interior (referred to in this 
Act as the ``Secretary'') shall conduct a special resource study of the 
site of Green McAdoo School in Clinton, Tennessee, (referred to in this 
Act as the ``site'') to evaluate--
          (1) the national significance of the site; and
          (2) the suitability and feasibility of designating the site 
        as a unit of the National Park System.
  (b) Criteria.--In conducting the study under subsection (a), the 
Secretary shall use the criteria for the study of areas for potential 
inclusion in the National Park System under section 8(c) of Public Law 
91-383 (16 U.S.C. 1a-5(c)).
  (c) Contents.--The study authorized by this Act shall--
          (1) determine the suitability and feasibility of designating 
        the site as a unit of the National Park System;
          (2) include cost estimates for any necessary acquisition, 
        development, operation, and maintenance of the site; and
          (3) identify alternatives for the management, administration, 
        and protection of the site.
  (d) Report.--Not later than 3 years after the date on which funds are 
made available to carry out this Act, the Secretary shall submit to the 
Committee on Natural Resources of the House of Representatives and the 
Committee on Energy and Natural Resources of the Senate a report that 
describes--
          (1) the findings and conclusions of the study; and
          (2) any recommendations of the Secretary.

                                PURPOSE

    The purpose of S. 2207 is to direct the Secretary of the 
Interior to study the suitability and feasibility of 
designating Green McAdoo School in Clinton, Tennessee, as a 
unit of the National Park System.

                          BACKGROUND AND NEED

    Green McAdoo School was the City of Clinton's only public 
African American elementary school in the 1940s and 1950s. 
Following the Supreme Court decision in Brown v. Board of 
Education, the school served as a strategy center and staging 
area during the desegregation of the public high school in 
Clinton. Once desegregation was underway in the fall of 1956, 
local African American students would gather at the Green 
McAdoo School to form a group before proceeding on their walk 
to high school. The Green McAdoo School also hosted various 
public meetings in 1955 and 1956 where the desegregation 
process was explained and discussed within the African American 
community. In 2005, Green McAdoo School was added to the 
National Register of Historic Places.
    S. 2207 directs the Secretary of the Interior to conduct a 
study of the site of Green McAdoo School in Clinton, Tennessee, 
to evaluate the national significance of the site and the 
suitability and feasibility of designating the site as a unit 
of the National Park System.

                          LEGISLATIVE HISTORY

    S. 2207 was introduced by Senator Alexander on October 19, 
2007. Senator Corker and Senator Salazar are cosponsors. The 
Subcommittee on National Parks held a hearing on S. 2207 on 
April 9, 2008.
    At its business meeting on May 7, 2008, the Committee on 
Energy and Natural Resources ordered S. 2207 favorably 
reported, with an amendment in the nature of a substitute.

                        COMMITTEE RECOMMENDATION

    The Committee on Energy and Natural Resources, in open 
business session on May 7, 2008, by a voice vote of a quorum 
present, recommends that the Senate pass S. 2207, if amended as 
described herein.

                          COMMITTEE AMENDMENT

    During the consideration of S. 2207, the Committee adopted 
an amendment in the nature of a substitute. The amendment 
removes the findings section, and makes other clarifying and 
conforming changes. The amendment is described in detail in the 
section-by-section analysis, below.

                      SECTION-BY-SECTION ANALYSIS

    Section 1 contains the short title ``Green McAdoo School 
National Historic Site Study Act of 2008''.
    Section 2(a) directs the Secretary of the Interior to 
conduct a special resource study to assess the suitability and 
feasibility of designating the Green McAdoo School for 
inclusion in the National Park System.
    Subsection (b) directs the Secretary to use the criteria 
for new area studies described in section 8(c) of Public Law 
91-383 (16 U.S.C. 1a-5(c)).
    Subsection (c) provides that the study shall include cost 
estimates for any necessary acquisition, development, 
operation, and maintenance of the site and shall identify 
alternatives for the management, administration and protection 
of the site.
    Subsection (d) requires the Secretary to submit the study 
to the Committee on Energy and Natural Resources of the Senate 
and the Committee on Natural Resources of the House of 
Representatives containing the results of the study and any 
findings, conclusions, and recommendations of the Secretary, 
not later than 3 years after the date on which funds are first 
made available for the study.

                   COST AND BUDGETARY CONSIDERATIONS

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

S. 2207--Green McAdoo School National Historic Site Study Act of 2008

    S. 2207 would require the National Park Service (NPS) to 
conduct a study to determine the suitability and feasibility of 
establishing the Green McAdoo School in Tennessee as a unit of 
the National Park System. Based on information provided by the 
NPS and assuming the availability of appropriated funds, CBO 
estimates that carrying out the proposed study would cost about 
$250,000 over the 2009-2012 period. Enacting the legislation 
would not affect direct spending or revenues.
    S. 2207 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would not affect the budgets of state, local, or tribal 
governments.
    The CBO staff contact for this estimate is Deborah Reis. 
This estimate was approved by Theresa Gullo, 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. 2207. 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 paper work would result from the 
enactment of S. 2207, as ordered reported.

                   CONGRESSIONALLY DIRECTED SPENDING

    S. 2207, as reported, does not contain any congressionally 
directed spending items, limited tax benefits, or limited 
tariff benefits as defined by rule XLIV of the Standing Rules 
of the Senate.

                        EXECUTIVE COMMUNICATIONS

    The testimony provided by the National Park Service at the 
April 23, 2008 hearing on S. 2207 follows:

    Statement of Katherine H. Stevenson, Acting Assistant Director, 
  Business Services, 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. 2207, a bill to 
authorize the Secretary of the Interior (Secretary) to conduct 
a study to evaluate the national significance and the 
suitability and feasibility of designating the Green McAdoo 
School in Clinton, Tennessee, as a unit of the National Park 
System.
    The Department supports S. 2207 with two technical 
amendments described later in this testimony. However, the 
Department feels that priority should be given to the 32 
previously authorized studies for potential units of the 
National Park System, potential new National Heritage Areas, 
and potential additions to the National Trails System and 
National Wild and Scenic River System that have not yet been 
transmitted to the Congress.
    The Secretary would use the criteria for the study under 
section 8 of Public Law 91-383. Studies of this type typically 
cost approximately $250,000 and take three years to complete 
after funds are made available.
    S. 2207 would direct the Secretary to carry out a study of 
the formerly segregated African-American Green McAdoo School. 
The Green McAdoo School and the nearby all-white Clinton High 
School played an important role in school desegregation that 
preceded and followed the Supreme Court's decision in Brown v. 
Board of Education in 1954.
    The Federal District Court in Tennessee issued an order on 
January 4, 1956, requiring desegregation of Anderson County 
schools no later than the fall term, 1956. On Aug. 25, 1956, 12 
students from the Green McAdoo School, later dubbed the 
``Clinton 12'' became the first African-American students to 
effect the integration of a southern, state-operated school. On 
September 1, 1956, Clinton was the first southern town to be 
occupied by National Guard troops in an effort to suppress 
violence sparked by protestors that were opposed to school 
integration. In 1958, the newly integrated Clinton High School 
was destroyed by explosives.
    Anderson County rebuilt Clinton High School. Green McAdoo 
and Clinton High are the only remaining schools associated with 
the historic Clinton desegregation crisis. After closing as a 
segregated school, the Green McAdoo School was reopened as a 
museum and cultural center in 2006. The Green McAdoo School is 
listed on the National Register of Historic Places.
    We recommend amending the short title of the bill on page 1 
line 5 by striking ``National Historic Site'' and inserting 
``Special Resource'' before ``Study'' in order to not appear to 
have already determined the outcome of the study. We also 
recommend making a similar amendment on page 4 line 8 by 
inserting ``special resource'' before ``study'' to use the term 
for the proposed study that is normally used.
    That concludes my testimony. I would be happy 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, the Committee notes that no 
changes in existing law are made by the bill, S. 2207, as 
ordered reported.

                                  
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