[House Report 111-527]
[From the U.S. Government Publishing Office]


111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     111-527

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



 
                  COLONEL CHARLES YOUNG HOME STUDY ACT

                                _______
                                

 July 13, 2010.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Rahall, from the Committee on Natural Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 4514]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Natural Resources, to whom was referred the 
bill (H.R. 4514) to authorize the Secretary of the Interior to 
conduct a special resource study to determine the suitability 
and feasibility of designating the Colonel Charles Young Home 
in Xenia, Ohio as a unit of the National Park System, and for 
other purposes, having considered the same, report favorably 
thereon with an amendment and recommend that the bill as 
amended do pass.
  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Colonel Charles Young Home Study 
Act''.

SEC. 2. SPECIAL RESOURCE STUDY.

  (a) Study.--The Secretary of the Interior (referred to in this Act as 
the ``Secretary''), in consultation with the Secretary of the Army, 
shall conduct a special resource study of the Colonel Charles Young 
Home, a National Historic Landmark in Xenia, Ohio (referred to in this 
Act as the ``Home'').
  (b) Contents.--In conducting the study under subsection (a), the 
Secretary shall--
          (1) evaluate any architectural and archeological resources of 
        the Home;
          (2) determine the suitability and feasibility of designating 
        the Home as a unit of the National Park System;
          (3) consider other alternatives for preservation, protection, 
        and interpretation of the Home by Federal, State, or local 
        governmental entities or private and nonprofit organizations, 
        including the use of shared management agreements with the 
        Dayton Aviation Heritage National Historical Park or specific 
        units of that Park, such as the Paul Laurence Dunbar Home;
          (4) consult with the Ohio Historical Society, Central State 
        University, Wilberforce University, and other interested 
        Federal, State, or local governmental entities, private and 
        nonprofit organizations, or individuals; and
          (5) identify cost estimates for any Federal acquisition, 
        development, interpretation, operation, and maintenance 
        associated with the alternatives considered under the study.
  (c) Applicable Law.--The study required under subsection (a) shall be 
conducted in accordance with section 8 of Public Law 91-383 (16 U.S.C. 
1a-5).
  (d) Report.--Not later than 3 years after the date on which funds are 
first made available for the study under subsection (a), 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 contains--
          (1) the results of the study under subsection (a); and
          (2) any conclusions and recommendations of the Secretary.

                          PURPOSE OF THE BILL

    The purpose of H.R. 4514 is to authorize the Secretary of 
the Interior to conduct a special resource study to determine 
the suitability and feasibility of designating the Colonel 
Charles Young Home in Xenia, Ohio as a unit of the National 
Park System.

                  BACKGROUND AND NEED FOR LEGISLATION

    Colonel Charles Young was a distinguished African-American 
officer in the U.S. Army during the late 1800's and early 
1900's, and the first African-American to hold the rank of 
Colonel in the Army. His life illustrates changing race 
relations between the end of the Civil War and the early days 
of the Civil Rights movement.
    Born to ex-slaves in Kentucky in 1864, Colonel Young was 
the third African-American to graduate from West Point Military 
Academy. Although he was an exceptional military officer he was 
only allowed to serve in the segregated African-American 
regiments known as the ``Buffalo Soldiers.'' He served five 
years with the 9th and 10th Cavalry Regiments of the Buffalo 
Soldiers and rose quickly through the ranks.
    In 1894, Young left the army to settle in Xenia, Ohio, and 
became a professor of Military Science and Linguistics at the 
all-black Wilberforce University. There, he taught alongside 
other prominent African-Americans of the time, such as W.E.B. 
Dubois and poet Paul Dunbar.
    At the outbreak of the Spanish-American War, Young returned 
to military service as a Lieutenant Colonel and led his 10th 
Cavalry Regiment in the celebrated charge up San Juan Hill in 
Cuba. In 1903, Young was dispatched to California to command 
the 10th Cavalry in a novel assignment--the protection of the 
newly established Sequoia National Park and General Grant 
National Park. In the days before the founding of the National 
Park Service in 1916, the Army was entrusted with the 
guardianship of our fledgling national parks. As a result, 
Young, in his capacity as commander, is credited with being the 
first African-American National Park Superintendent.
    When the U.S. entered World War I in 1917, Young was 
declared physically unfit for duty due to high blood pressure. 
However, he embarked on a 500-mile horse ride from his home in 
Ohio to Washington, D.C. to prove his fitness, and was promptly 
returned to active duty and promoted to the rank of Colonel.
    H.R. 4514 directs the Secretary of the Interior 
(Secretary), in consultation with the Secretary of the Army, to 
conduct a special resource study of the Colonel Charles Young 
Home (Home)--now a National Historical Landmark--in Xenia, 
Ohio. The Secretary is given three years after funds are made 
available for the study to report back to Congress with 
conclusions and recommendations.
    The bill directs the Secretary to: evaluate any significant 
resources; determine the suitability and feasibility of 
designating the Home as a unit of the National Park System; 
consider other alternatives for the preservation and 
interpretation of the Home, including the use of shared 
management agreements with nearby park units; consult with the 
other interested government and private entities; and identify 
costs estimated for any acquisitions, development, 
interpretation, operation and maintenance.

                            COMMITTEE ACTION

    H.R. 4514 was introduced by Representative William Lacy 
Clay (D-MO) on January 26, 2010. The bill was referred to the 
Committee on Natural Resources, and within the Committee to the 
Subcommittee on National Parks, Forests, and Public Lands. At a 
Subcommittee hearing on April 27, 2010, a representative from 
the Department of the Interior testified in support of this 
legislation.
    On June 16, 2010, the Subcommittee on National Parks, 
Forests and Public Lands was discharged from the further 
consideration of H.R. 4514 and the full Natural Resources 
Committee met to consider the bill. Subcommittee Chairman Raul 
Grijalva (D-AZ) offered an amendment in the nature of a 
substitute to strike the findings section of the bill. The 
amendment in the nature of a substitute was agreed to by 
unanimous consent. The bill, as amended, was then ordered 
favorably reported to the House of Representatives by unanimous 
consent.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact this bill.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to authorize the Secretary of the 
Interior to conduct a special resource study to determine the 
suitability and feasibility of designating the Colonel Charles 
Young Home in Xenia, Ohio as a unit of the National Park 
System.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

H.R. 4514--Colonel Charles Young Home Study Act

    H.R. 4514 would require the National Park Service (NPS) to 
conduct a special resource study of the Colonel Charles Young 
Home in Xenia, Ohio. Colonel Young was an African-American who 
served in the U.S. Army between 1884 and 1922. In the study, 
the NPS would evaluate the resources of the site and determine 
the suitability and feasibility of designating it as a unit of 
the National Park System. The NPS would have three years to 
complete the study and report to the Congress on its results.
    Based on information provided by the NPS and assuming the 
availability of appropriated funds, CBO estimates that carrying 
out the study required by H.R. 4514 would cost about $250,000 
over the next three years. Enacting H.R. 4514 would not affect 
direct spending or revenues; therefore, pay-as-you-go 
procedures would not apply.
    H.R. 4514 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.
    The CBO staff contact for this estimate is Deborah Reis. 
The estimate was approved by Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                           EARMARK STATEMENT

    H.R. 4514 does not contain any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9 of rule XXI.

                PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

    This bill is not intended to preempt any State, local or 
tribal law.

                        CHANGES IN EXISTING LAW

    If enacted, this bill would make no changes in existing 
law.