[Senate Report 111-265]
[From the U.S. Government Publishing Office]
Calendar No. 535
111th Congress Report
SENATE
2d Session 111-265
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ALABAMA BLACK BELT NATIONAL HERITAGE AREA 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. 2892]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 2892) to establish the Alabama Black Belt
National Heritage Area, 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 6, line 7, and insert the following:
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Designation of Alabama Black Belt National Heritage Area.
Sec. 4. Local coordinating entity.
Sec. 5. Management plan.
Sec. 6. Evaluation; report.
Sec. 7. Relationship to other Federal agencies.
Sec. 8. Private property and regulatory protections.
Sec. 9. Authorization of appropriations.
Sec. 10. Use of Federal funds from other sources.
Sec. 11. Termination of financial assistance.
SEC. 2. DEFINITIONS.
2. On page 7, line 1, strike ``5'' and insert ``3''.
3. On page 7, strike lines 6 and 7 and insert the
following:
(b) Boundaries.--The National Heritage Area
4. On page 7, strike lines 14 through 20.
5. On page 7, line 21, strike ``6'' and insert ``4''.
6. On page 10, line 9, strike ``7'' and insert ``5''.
7. On page 16, line 20, strike ``8'' and insert ``6''.
8. On page 18, line 1, strike ``9'' and insert ``7''.
9. On page 18, line 23, strike ``10'' and insert ``8''.
10. On page 20, line 5, strike ``11'' and insert ``9''.
11. On page 20, line 12, strike ``$15,000,000'' and insert
``$10,000,000''.
12. On page 20, line 19, strike ``12'' and insert ``10''.
13. On page 21, line 1, strike ``13'' and insert ``11''.
PURPOSE
The purpose of S. 2892 is to establish the Alabama Black
Belt National Heritage Area.
BACKGROUND AND NEED
The Black Belt region of Alabama (Black Belt) stretches
across the lower-central portion of Alabama, from the eastern
border of Mississippi to the western border of southern
Georgia. The Black Belt is characterized by its distinctive
geography and its exceptionally fertile black soil.
In the 1820s and 1830, this soil influenced the
construction of a large network of cotton plantations, which in
turn made the region one of the wealthiest and most politically
powerful in the United States. When the Civil War began in the
early 1860s, the city of Montgomery was established as the
first capital of the Confederacy. The region is recognized by
many as the center of the civil rights movement of the 1950s
and 1960s. Several events pivotal in the civil rights movement
took place in the region including the Montgomery bus boycott,
the bombing of the Sixteenth Street Baptist Church, and the
march from Selma to Montgomery, which helped lead to the Civil
Rights Act of 1964 and the Voting Rights Act of 1965.
The geography of the Black Belt is comprised of threatened
prairies, forests, and rivers, and the area contains diverse
species of flora and fauna as well as many fossils, including
shells and bones of ancient sea life.
The Black Belt contains three units of the National Park
System: the Selma to Montgomery National Historic Trail, the
Tuskegee Airmen National Historic Site, and the Tuskegee
Institute National Historic Site. The region includes the
Talladega National Forest and the Tuskegee National Forest. The
Bartram Trail, a National Recreation Trail, runs through the
Tuskegee National Forest. Additionally, the region contains two
National Wildlife Refuges and two Army Corps of Engineers
projects: the Alabama River Lakes and the Black Warrior and
Tombigbee Lakes, river basins that are home to public
recreation and natural resources sites.
The Alabama Black Belt Heritage Area Task Force was formed
in 2004 with the purpose of exploring National Heritage Area
designation. It completed a Feasibility Study in February 2009,
which concluded that National Heritage Area designation would
best promote and preserve the unique historical, cultural,
ecological, and geographical assets of the Black Belt, while
creating much-needed economic and community development.
S. 2892 would provide a cooperative management framework
that would encourage cooperation between all levels of
government, the private sector, and local communities to
protect and develop the historical, cultural, natural, and
recreational resources of the region.
LEGISLATIVE HISTORY
S. 2892 was introduced by Senators Shelby and Sessions on
December 16, 2009. 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 at its business meeting on June 16, 2010. The
Committee ordered S. 2892 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. 2892, if amended as
described herein.
COMMITTEE AMENDMENT
During its consideration of S. 2892, the Committee adopted
several amendments. The first amendment strikes the
Congressional findings and purposes sections. The remaining
amendments strike a map reference, change the limitation on
total appropriated funds from $15,000,000 to $10,000,000, and
make other technical and conforming changes.
SECTION-BY-SECTION ANALYSIS
Section 1 provides the short title, the ``Alabama Black
Belt National Heritage Area Act''.
Section 2 defines key terms used in the bill.
Section 3(a) establishes the Alabama Black Belt National
Heritage Area in the State of Alabama.
Subsection (b) provides that the boundaries of the heritage
area consist of sites designated by the management plan, and
lists the counties that the heritage area encompasses.
Section 4(a) designates the Center for the Study of the
Black Belt at the University of West Alabama as the local
coordinating entity for the heritage area.
Subsection (b) details the duties of the local coordinating
entity.
Subsection (c) lists the authorities of the local
coordinating entity and authorizes the local coordinating
entity to use Federal funds to make grants, enter into
cooperative agreements or provide technical assistance, hire
staff, obtain funds or services from any source, contract for
goods or services, and support activities of partners and any
other activities that further the purposes of the heritage area
and are consistent with the management plan.
Section 5(a) provides the requirements for the contents of
the management plan.
Subsection (b) requires the local coordinating entity to
submit the management plan to the Secretary for review no later
than three years after the date on which the funds are made
available to carry out this Act. If the management plan is not
submitted within the three-year period, Federal funding is
suspended until the plan is submitted to the Secretary.
Subsection (c) requires the Secretary to approve or
disapprove the management plan within six months after
receiving the plan and lists the criteria he is to consider in
determining whether to approve or disapprove the plan. The
Secretary must review and approve or disapprove any amendment
that would make a substantial change to the management plan,
and authorizes him to provide technical assistance and enter
into cooperative agreements with the heritage area.
Section 6(a) requires the Secretary to conduct an
evaluation of the National Heritage Area that assesses the
progress of the local coordinating entity with respect to
accomplishing the purposes of this Act and whether the local
coordinating entity achieved the goals and objectives of the
approved management plan. The evaluation is also required to
analyze governmental and private investments in the heritage
area to their impact.
Subsection (b) requires the Secretary to prepare a report,
not later than three years before the date on which Federal
funding terminates, based on the evaluation. Is must include
recommendations for the future role of the National Park
Service, if any, for the heritage area. The report is to be
submitted to the House and Senate authorizing committees.
Section 7(a) clarifies that nothing in this Act affects the
authority of a Federal agency to provide technical or financial
assistance under any other law.
Subsection (b) encourages the head of a Federal agency
planning to conduct activities that may have an impact on the
heritage area to consult and coordinate the activities with the
Secretary and the local coordinating entity to the maximum
extent practicable.
Subsection (c) clarifies that nothing in this Act modifies
authorities of Federal agencies to manage Federal land, limits
the discretion of a Federal agency to implement an approved
land use plan, or modifies or alters any authorized use of
Federal land.
Section 8 contains several savings provisions to clarify
that the designation of the national heritage area will not
affect private property rights, affect governmental land use
regulation, reserve or appropriate water rights, diminish the
authority of the State to manage fish and wildlife, or create
any liability for property owners within the heritage area.
Section 9(a) authorizes not more than $1 million to be
appropriated for any fiscal year.
Subsection (b) authorizes total appropriations of $10
million.
Subsection (c) requires Federal funding to be matched on a
50:50 basis by funds from non-Federal sources, including in the
form of in-kind contributions of goods or services.
Section 10 clarifies that the local coordinating entity is
not prohibited from using Federal funds available under other
laws for the purposes of this Act.
Section 11 provides that the authority of the Secretary to
provide assistance under this Act terminates 15 years after the
date of enactment.
COST AND BUDGETARY CONSIDERATIONS
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
S. 2892--Alabama Black Belt National Heritage Area Act
S. 2892 would establish the Alabama Black Belt National
Heritage Area in Alabama. (The Black Belt is a region of the
southeastern United States that is known for its fertile soil.)
The bill would designate the Center for the Study of the Black
Belt at the University of West Alabama as the management entity
for the proposed heritage area and would authorize the
appropriation of $10 million for financial assistance to the
center and other eligible entities over the next 15 years.
Assuming appropriation of the authorized amounts, CBO
estimates that implementing S. 2892 would cost $5 million over
the 2011-2015 period and an additional $5 million after 2015.
Enacting the legislation would have no effect on direct
spending or revenues; therefore, pay-as-you-go procedures would
not apply.
S. 2892 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 Martin von
Gnechten. The 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. 2892.
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. 2892, as ordered reported.
CONGRESSIONALLY DIRECTED SPENDING
In accordance with paragraph 4(b) of rule XLIV of the
Standing Rules of the Senate, the Committee provides the
following identification of congressionally directed spending
items contained in the bill, as reported:
------------------------------------------------------------------------
Section Provision Member
------------------------------------------------------------------------
9............................... Authorization of Sen. Shelby.
Appropriations.
------------------------------------------------------------------------
EXECUTIVE COMMUNICATIONS
The testimony provided by the National Park Service at the
March 17, 2010 Subcommittee hearing on S. 2892 follows:
Statement of Daniel N. Wenk, Deputy Director, National Park Service,
Department of the Interior
Mr. Chairman and members of the subcommittee, thank you for
the opportunity to appear before you today to present the views
of the Department of the Interior on S. 2892, a bill to
establish the Alabama Black Belt National Heritage Area, and
for other purposes.
The Department recommends that the committee defer action
on S. 2892 until program legislation is enacted that
establishes criteria to evaluate potentially qualified national
heritage areas and a process for the designation and
administration of these areas. The Administration anticipates
submitting such a legislative proposal to you in the near
future, and we recommend that Congress enact national heritage
area program legislation this Congress. In addition, we
recommend deferring action on S. 2892 until the National Park
Service completes its final review of the feasibility study for
the proposed Alabama Black Belt National Heritage Area. The
Administration's FY 2011 Budget proposes to reduce funding for
national heritage areas to focus resources on those park
activities that most closely align with its core mission and
encourage areas to become self-sufficient, consistent with a FY
2010 Congressional directive.
There are currently 49 designated national heritage areas,
yet there is no authority in law that guides the designation
and administration of these areas. Program legislation would
provide a much-needed framework for evaluating proposed
national heritage areas, offering guidelines for successful
planning and management, clarifying the roles and
responsibilities of all parties, and standardizing timeframes
and funding for designated areas. Program legislation was
introduced in the 109th and 110th Congresses, and we look
forward to continuing to work with Congress on this very
important issue.
The feasibility of the Alabama Black Belt area for
designation as a national heritage area is the subject of a
study now being finalized by the Alabama Black Belt Heritage
Area Task Force. Since the creation of the task force in 2006,
it has grown from a group of ten people into an active
organization with over 65 members across 19 counties. The
organization has worked closely with the National Park Service
and the Alliance of National Heritage Areas to demonstrate a
strong basis for seeking potential national heritage area
status. The task force has also implemented several successful
projects in the Black Belt region.
The draft feasibility study includes an extensive inventory
of cultural and natural resources of the region; identifies
four interpretive themes; describes the plans for management,
preservation, and interpretation of the region; and, contains a
detailed environmental assessment. It indicates that the
proposal for a national heritage area has strong support from
the public and a myriad of state, local, federal, and
nongovernmental partners throughout the area that are essential
for successful planning and implementation of a national
heritage area. It recommends that the Center for the Study of
the Black Belt at the University of West Alabama serve as the
local coordinating entity for the proposed national heritage
area, as provided for in S. 2892. The center was identified as
the preferred management entity based on its ability to provide
a sustainable foundation for the implementation of a national
heritage area, promote an integrated vision and leadership,
engage ongoing community participation, build reciprocal
partnerships, and facilitate programs across all 19 counties
included in the proposed Alabama Black Belt National Heritage
Area.
Geographically, Alabama's Black Belt is part of a larger
crescent-shaped area known as the Southern Black Belt, which
extends from Virginia to Texas. The term refers to the fertile
black soil of the region. This soil drew pioneers to settle the
lower-central portion of Alabama in the 1820s and 1830s where
they established and operated a network of cotton plantations
using the labor of enslaved African Americans.
During the Antebellum era, the Alabama Black Belt became
one of the wealthiest and most politically powerful regions in
the United States. Thriving commerce elevated Montgomery,
Selma, and Demopolis into some of the nation's most affluent
towns. The architecture that grew out of this plantation
culture produced some of the finest churches and rural
residences in the state, including Rosemount and Thornhill in
Greene, Countryside in Camden, and Gaineswood in Demopolis.
When the Civil War began, Montgomery was chosen as the first
capital of the Confederacy. The region's distance from the
front lines saved it from much of the ravages of the war.
During the Twentieth Century, this area gained fame as the
site where the Tuskegee Airmen trained during World War II, and
as a center of the civil rights movement in the 1950s and
1960s. Montgomery County was the site of the 1955-56 bus
boycott that challenged segregation of public transportation.
Highway 80 in Dallas, Lowndes, and Montgomery counties shaped
the route taken by participants of the historic march for equal
rights from Selma to Montgomery in 1965. The Lowndes County
Freedom Organization, later the Black Panther Party, was an
outgrowth of that march.
Rivers and streams from several large basins--the Sipsey-
Warrior, Coosa-Tallapoosa, Alabama-Cahaba, Tombigbee, and
Chattahoochee--flow through the Alabama Black Belt. When cotton
was the dominant crop grown in the region, the Black Belt's
many navigable waterways enabled growers to transport their
harvests to the docks in Mobile for shipment abroad. Row crops
are less prevalent today as more of the rural Black Belt land
is now used for livestock or aquaculture.
While largely viewed as a region of hardship, the Alabama
Black Belt has produced a rich variety of artists, musicians,
writers, and other public figures. Notable figures from this
region include Booker T. Washington, Rosa Parks, Harper Lee and
Truman Capote. Three sites in the region managed by the
National Park Service commemorate nationally significant
history: the Tuskegee Airmen National Historic Site and the
Tuskegee Institute National Historic Site, both units of the
National Park System, and the Selma to Montgomery National
Historic Trail.
If the committee decides to move forward with S. 2892, we
would like to work with the committee to provide the
appropriate map reference for the national heritage area and to
ensure that the language of the bill is consistent with
previously enacted national heritage area designations.
Mr. Chairman, this concludes my prepared remarks. I would
be pleased to answer any questions 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, the Committee notes that no
changes in existing law are made by the bill S. 2892, as
ordered reported.