[Senate Report 111-258]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 528
111th Congress                                                   Report
                                 SENATE
 2d Session                                                     111-258

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                 NEW PHILADELPHIA, ILLINOIS, STUDY ACT

                                _______
                                

                 August 5, 2010.--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. 1629]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 1629) to authorize the Secretary of the 
Interior to conduct a special resource study of the 
archeological site and surrounding land of the New Philadelphia 
town site in the State of Illinois, and for other purposes, 
having considered the same, reports favorably thereon with 
amendments and recommends that the bill, as amended, do pass.
    The amendments are as follows:
    1. Beginning on page 1, strike line 6 and all that follows 
through page 2, line 15.
    2. On page 2, line 16, strike ``3'' and insert ``2''
    3. On page 2, line 23, strike ``4'' and insert ``3''.

                                PURPOSE

    The purpose of S. 1629 is to authorize the Secretary of the 
Interior to conduct a special resource study of the 
archeological site and surrounding land of the New Philadelphia 
town site in the state of Illinois, for possible inclusion as a 
unit of the National Park System.

                          BACKGROUND AND NEED

    New Philadelphia, located near Barry, Illinois, was founded 
in 1836 by Frank McWhorter and is the first known town 
established by an African American before the Civil War. Mr. 
McWhorter, an enslaved man, bought his freedom in 1819 and 
eventually the freedom of 15 family members by mining in 
Kentucky caves and processing the mined material into 
saltpeter. Once a thriving area, New Philadelphia fell into 
decline when the first railroad constructed in the area 
bypassed the town.
    The New Philadelphia Town Site was listed on the National 
Register of Historic Places in August 2005 and designated a 
National Historic Landmark in January 2009.
    Today, the area is covered by farmland. No original 
buildings of the town or the McWhorter farm or home are visible 
above ground. However, the high archeological integrity of the 
town site presents the opportunity to address nationally 
significant research questions regarding social relationships 
as seen through the landscape of the New Philadelphia Town 
site.

                          LEGISLATIVE HISTORY

    S. 1629 was introduced by Senator Burris on August 6, 2009. 
Senator Durbin is a cosponsor. The Subcommittee on National 
Parks held a hearing on the bill on March 17, 2010. The 
Committee on Energy and Natural Resources considered the bill, 
and adopted amendments to it at its business meeting on June 
16, 2010. The Committee ordered S. 1629 favorably reported, as 
amended, at its business meeting on June 21, 2010.

                        COMMITTEE RECOMMENDATION

    The Committee on Energy and Natural Resources, in open 
business session on June 21, 2010, by a voice vote of a quorum 
present, recommends that the Senate pass S. 1629, if amended as 
designated herein.

                          COMMITTEE AMENDMENTS

    During the consideration of S. 1629, the Committee adopted 
amendments that struck the Congressional findings section and 
renumbered the subsequent sections.

                      SECTION-BY-SECTION ANALYSIS

    Section 1 provides the short title as the ``New 
Philadelphia, Illinois, Study Act''.
    Section 2 defines key terms used in the bill.
    Section 3(a) authorizes the Secretary of the Interior 
(Secretary) to conduct a special resource study.
    Subsection (b) directs the study to determine the 
suitability and feasibility of adding the New Philadelphia town 
site and the land surrounding it in Illinois, as a unit of the 
National Park System, including consideration of alternatives 
for the preservation, protection, and interpretation of New 
Philadelphia, Illinois, by Federal, State, or local government 
entities or any other interested individuals, and to identify 
the costs estimates for any Federal acquisition, development, 
interpretation, operation, and maintenance associated with the 
range of management alternatives.
    Subsection (c) directs that the study be conducted in 
accordance with section 8 of Public Law 91-383, relating to 
National Park Service study requirements.
    Subsection (d) requires the Secretary to prepare and submit 
for review the results, conclusions, and recommendations of the 
study.

                   COST AND BUDGETARY CONSIDERATIONS

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

S. 1629--New Philadelphia, Illinois, Study Act

    S. 1629 would require the National Park Service (NPS) to 
conduct a special resource study of the New Philadelphia 
archaeological site and surrounding lands in Illinois. Founded 
in 1836 and designated a National Historic Landmark in 2009, 
New Philadelphia was the first town founded, planned, and 
legally recorded by a free African American, Frank McWorter. In 
the study, the NPS would evaluate the national significance of 
the area and determine the suitability and feasibility of 
designating it as a unit of the National Park System. The 
agency 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 S. 1629 would cost about $250,000 
over the next three years. Enacting S. 1629 would not affect 
direct spending or revenues; therefore, pay-as-you-go 
procedures would not apply.
    S. 1629 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 contacts for this estimate are Alan Eder and 
Deborah Reis. The estimate was approved by Peter H. Fontaine, 
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. 1629.
    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 S. 1629, as ordered reported.

                   CONGRESSIONALLY DIRECTED SPENDING

    S. 1629, as ordered reported, does not contain any 
congressionally directed spending items, limited tax benefits, 
or limited tariff benefits as defined in rule XLIV of the 
Standing Rules of the Senate.

                        EXECUTIVE COMMUNICATIONS

    The testimony provided by the National Park Service at the 
March 17, 2010 Subcommittee hearing on S. 1629 follows:

 Statement of Daniel N. Wenk, Deputy Director, National Park Service, 
                       Department of the Interior

    Mr. Chairman, thank you for the opportunity to appear 
before you to provide the Department of the Interior's views on 
S. 1629, a bill to authorize the Secretary of the Interior to 
conduct a special resource study of the archeological site and 
surrounding land of the New Philadelphia town site in the State 
of Illinois.
    The Department supports enactment of S. 1629. However, we 
believe that priority should be given to the 47 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.
    S. 1629 authorizes a special resource study to evaluate the 
national significance of New Philadelphia, Illinois, and to 
determine the suitability and feasibility of designating the 
site as a unit of the National Park System. The bill directs 
the Secretary in the course of the resource study to consider 
alternatives for the preservation, protection and 
interpretation of New Philadelphia, Illinois, by Federal, State 
or local government entities or any other interested 
individuals, and to identify the costs estimates for any 
Federal acquisition, development, interpretation, operation and 
maintenance associated with the range of management 
alternatives. We estimate the cost of the resource study to 
range from $200,000 to $300,000, based on similar types of 
studies conducted in recent years.
    New Philadelphia, located near Barry, Illinois, was founded 
in 1836 by Frank McWhorter, an enslaved man from Kentucky, who 
bought his own freedom and the freedom of 15 family members. 
New Philadelphia is the first known town platted and officially 
registered by an African American before the Civil War. The 
rural community situated near the Mississippi and Illinois 
Rivers flourished at first, but later fell in decline when the 
railroad bypassed the community in 1869; it was eventually 
dissolved in 1885. The site of New Philadelphia, an 
archeological site with no visible above-ground evidence, was 
designated a National Historic Landmark on January 16, 2009.
    Mr. Chairman, this concludes my prepared statement. I would 
be happy to answer any questions that you or other committee 
members may have regarding this bill.

                        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. 1629, as 
ordered reported.

                                  
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