[House Report 113-219]
[From the U.S. Government Publishing Office]


113th Congress  }                                            {   Report
  1st Session   }        HOUSE OF REPRESENTATIVES            {  113-219

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

 
                 NEW PHILADELPHIA, ILLINOIS, STUDY ACT 

                                _______
                                

 September 20, 2013.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

 Mr. Hastings of Washington, from the Committee on Natural Resources, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 930]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 930) 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, 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 ``New Philadelphia, Illinois, Study 
Act''.

SEC. 2. FINDINGS.

  Congress finds that--
          (1) Frank McWorter, an enslaved man, bought his freedom and 
        the freedom of 15 family members by mining for crude niter in 
        Kentucky caves and processing the mined material into 
        saltpeter;
          (2) New Philadelphia, founded in 1836 by Frank McWorter, was 
        the first town planned and legally registered by a free 
        African-American before the Civil War;
          (3) the first railroad constructed in the area of New 
        Philadelphia bypassed New Philadelphia, which led to the 
        decline of New Philadelphia; and
          (4) the New Philadelphia site--
                  (A) is a registered National Historic Landmark;
                  (B) is covered by farmland; and
                  (C) does not contain any original buildings of the 
                town or the McWorter farm and home that are visible 
                above ground.

SEC. 3. DEFINITIONS.

  In this Act:
          (1) Secretary.--The term ``Secretary'' means the Secretary of 
        the Interior.
          (2) Study area.--The term ``Study Area'' means the New 
        Philadelphia archeological site and the surrounding land in the 
        State of Illinois.

SEC. 4. SPECIAL RESOURCE STUDY.

  (a) Study.--The Secretary shall conduct a special resource study of 
the Study Area.
  (b) Contents.--In conducting the study under subsection (a), the 
Secretary shall--
          (1) evaluate the national significance of the Study Area;
          (2) determine the suitability and feasibility of designating 
        the Study Area as a unit of the National Park System;
          (3) consider other alternatives for preservation, protection, 
        and interpretation of the Study Area by--
                  (A) Federal, State, or local governmental entities; 
                or
                  (B) private and nonprofit organizations;
          (4) consult with--
                  (A) interested Federal, State, or local governmental 
                entities;
                  (B) private and nonprofit organizations; or
                  (C) any other interested individuals;
          (5) identify cost estimates for any Federal acquisition, 
        development, interpretation, operation, and maintenance 
        associated with the alternatives considered under paragraph 
        (3); and
          (6) determine the effect of the designation of the Study Area 
        as a unit of the National Park System on--
                  (A) existing commercial and recreational activities, 
                including but not limited to hunting, fishing, 
                recreational shooting, and on the authorization, 
                construction, operation, maintenance or improvement of 
                energy production and transmission infrastructure; and
                  (B) the effect of the authority of State and local 
                governments to manage those activities; and
          (7) identify any authorities, including condemnation, that 
        will compel or permit the Secretary to influence or participate 
        in local land use decisions (such as zoning) or place 
        restrictions on nonfederal land if the Study Area is designated 
        a unit of the National Park System.
  (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 containing--
          (1) the results of the study; and
          (2) any conclusions and recommendations of the Secretary.

                          PURPOSE OF THE BILL

    The purpose of H.R. 930 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.

                  BACKGROUND AND NEED FOR LEGISLATION

    Born enslaved in South Carolina and moved to Kentucky by 
his enslaver, New Philadelphia founder Frank McWorter purchased 
freedom for his wife in 1817, thus ensuring their soon to be 
born child and future children would be born free. McWorter 
purchased his own freedom in 1819 and subsequently freed an 
additional 14 family members from slavery.
    In 1836, he founded a town with the intention of applying 
proceeds earned through lot sales to free children and 
grandchildren who remained in bondage. McWorter called the town 
he founded Philadelphia and sold lots to African and European 
Americans. An integrated town, New Philadelphia, as it came to 
be known, was a place where free-born and formerly enslaved 
African Americans lived alongside European Americans in a 
region and era of intense racial strife.
    Situated on fertile prairie land between the Illinois and 
Mississippi Rivers and near major transportation networks, the 
town grew from a small settlement with three dwellings in the 
1840s, and peaked in the 1860s with as many as 160 residents. 
However, when the Hannibal to Naples Railroad bypassed the town 
in 1869, New Philadelphia fell into a decline from which it 
could not recover. Although a few families remained, most of 
the population moved away by the late 1940s. The once thriving 
town is now an archaeological site with only a few building 
foundations visible on the landscape.
    New Philadelphia was listed on the National Register of 
Historic Places in 2005 and in 2009, the town site was 
designated a National Historic Landmark for its potential to 
yield information of major scientific importance and to affect 
archaeological theories, concepts and ideas. New Philadelphia 
was included in the National Park Service National Underground 
Railroad Network to Freedom Program in 2013 for its 
participation in the movement to resist and end slavery by 
concealing, harboring and sometimes accompanying runaway 
African Americans seeking freedom to Canada.
    H.R. 930 authorizes the National Park Service to conduct a 
special resource study to determine the suitability and 
feasibility of establishing as a unit of the park system the 
resources associated with the New Philadelphia archeological 
site.
    During full Committee markup, the Committee adopted an 
amendment offered by Congressman Rob Bishop (R-UT) adding clear 
guidance that in the course of the study, the National Park 
Service must consider the impact of a designation on important 
commercial and recreational activities. The Committee is aware 
of examples where Park boundaries are exploited to prohibit 
activities that could benefit communities. This amendment 
requires that the Park Service document the effect a 
designation could have on such things as energy transmission, 
or even hunting and fishing.
    The amendment also requires the Park Service to identify 
those authorities that allow it to condemn private property, or 
insert itself into local matters such as zoning. It is 
appropriate that communities are made aware of the consequences 
that come with the National Park Service as their new neighbor.

                            COMMITTEE ACTION

    H.R. 930 was introduced on February 28, 2013, by 
Congressman Aaron Schock (R-IL). The bill was referred to the 
Committee on Natural Resources, and within the Committee to the 
Subcommittee on Public Lands and Environmental Regulation. On 
July 23, 2013, the Subcommittee held a hearing on the bill. On 
July 31, 2013, the full Natural Resources Committee met to 
consider the bill. The Subcommittee on Public Lands and 
Environmental Regulation was discharged by unanimous consent. 
Congressman Rob Bishop offered an amendment designated #1 to 
the bill; the amendment was adopted by unanimous consent. No 
further amendments were offered, and the bill, as amended, was 
then adopted and 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.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. Cost of Legislation. Clause 3(d)(1) 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)(2)(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. 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. 930--New Philadelphia, Illinois, Study Act

    H.R. 930 would direct the Secretary of the Interior to 
conduct a study of the New Philadelphia archaeological site in 
Illinois to evaluate the national significance of the area and 
to determine the feasibility of designating the site as a unit 
of the National Park System. Based on information provided by 
the National Park Service and assuming the availability of 
appropriated funds, CBO estimates that conducting the study 
would cost about $250,000 over the next three years. Enacting 
H.R. 930 would not affect direct spending or revenues; 
therefore, pay-as-you-go procedures do not apply.
    H.R. 930 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 Gull, Deputy 
Assistant Director for Budget Analysis.
    2. Section 308(a) of 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, credit authority, or an increase or decrease in 
revenues or tax expenditures. Based on information provided by 
the National Park Service and assuming the availability of 
appropriated funds, CBO estimates that conducting the study 
would cost about $250,000 over the next three years.
    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 of the 
archeological site and surrounding land of the New Philadelphia 
town site in the State of Illinois.

                           EARMARK STATEMENT

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                       COMPLIANCE WITH H. RES. 5

    Directed Rule Making. The Chairman does not believe that 
this bill directs any executive branch official to conduct any 
specific rule-making proceedings.
    Duplication of Existing Programs. This bill does not 
establish or reauthorize a program of the federal government 
known to be duplicative of another program. Such program was 
not included in any report from the Government Accountability 
Office to Congress pursuant to section 21 of Public Law 111-139 
or identified in the most recent Catalog of Federal Domestic 
Assistance published pursuant to the Federal Program 
Information Act (Public Law 95-220, as amended by Public Law 
98-169) as relating to other programs.

                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.

                                  
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