[House Report 114-252]
[From the U.S. Government Publishing Office]


114th Congress}                                         { Report
                        HOUSE OF REPRESENTATIVES
 1st Session  }                                         { 114-252

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

 
          NATIONAL LIBERTY MEMORIAL CLARIFICATION ACT OF 2015

                                _______
                                

 September 8, 2015.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

 Mr. Bishop of Utah, from the Committee on Natural Resources, submitted 
                             the following

                              R E P O R T

                        [To accompany H.R. 1949]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 1949) to provide for the consideration and 
submission of site and design proposals for the National 
Liberty Memorial approved for establishment in the District of 
Columbia, having considered the same, report favorably thereon 
without amendment and recommend that the bill do pass.

                          Purpose of the Bill

    The purpose of H.R. 1949 is to provide for the 
consideration and submission of site and design proposals for 
the National Liberty Memorial approved for establishment in the 
District of Columbia.

                  Background and Need for Legislation

    H.R. 1949 amends the Military Construction Authorization 
Act for Fiscal Year 2013 with respect to the submission of site 
and design proposals by the National Mall Liberty Fund D.C. for 
the National Liberty Memorial to honor the slaves and free 
black persons who served as soldiers and sailors or provided 
civilian assistance during the American Revolution. The site 
and design approval process is revised to make the Secretary of 
Agriculture, rather than the Secretary of the Interior or the 
Administrator of General Services, responsible for 
consideration of these site and design proposals and their 
submission, on behalf of the sponsor, to the Commission of Fine 
Arts and National Capital Planning Commission.
    Public Law 112-239, the National Defense Authorization Act 
for Fiscal Year 2013, authorized The National Mall Liberty Fund 
to establish a memorial on eligible federal land to honor the 
more than 5,000 courageous slaves and free black persons who 
served as soldiers and sailors or provided civilian assistance 
during the American Revolution.
    Under the Commemorative Works Act (CWA), which details a 
process for placement of memorials and monuments in Washington, 
D.C., memorials must be recommended by the Government Services 
Administration (GSA) or the Department of the Interior for 
placement within what is known as Area I, as defined by the 
CWA. Area I is generally the locations around the National Mall 
but not on the Mall itself. A recommendation is made if GSA 
finds that the proposed memorial is ``of preeminence and 
lasting significance.''
     On June 3, 2014, GSA notified the Natural Resources 
Committee that it found the proposed National Liberty Memorial 
to be ``of preeminence and lasting significance.'' Under the 
requirements of the CWA, upon this notification, Congress had 
150 days to concur with the finding with a joint resolution 
clearing the memorial to be placed within Area I. On September 
26, 2014, President Obama signed Public Law 113-176 approving 
the recommendation made by GSA to locate the memorial 
authorized by Public Law 112-239 in Area I. The approved site 
is located on the northeast corner of 14th Street and 
Independence Avenue in what is currently a surface parking lot 
adjacent to the Department of Agriculture.
    Because the approved site is located next to the Department 
of Agriculture, H.R. 1949 would transfer responsibility over 
site and design proposals and the submission of such proposals 
from the Secretary of the Interior or Administrator of General 
Services to the Secretary of Agriculture.

                            Committee Action

    H.R. 1949 was introduced on April 22, 2015, by Congressman 
G.K. Butterfield (D-NC). The bill was referred to the Committee 
on Natural Resources, and within the Committee to the 
Subcommittee on Federal Lands. On July 8, 2015, the Natural 
Resources Committee met to consider the bill. The Subcommittee 
was discharged by unanimous consent. No amendments were offered 
and the bill was ordered favorably reported to the House of 
Representatives by unanimous consent on July 9, 2015.

            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. 1949--National Liberty Memorial Clarification Act of 2015

    H.R. 1949 would amend the Military Construction 
Authorization Act for Fiscal Year 2013 to make the Secretary of 
Agriculture responsible for reviewing and approving site and 
design proposals for the National Liberty Memorial in 
Washington, D.C. Under current law, either the Secretary of the 
Interior or the Administrator of General Services 
Administration will oversee the site and design approval 
process for that memorial, pursuant to the Commemorative Works 
Act.
    CBO estimates that implementing H.R. 1949 would have no 
significant impact on the federal budget because it would just 
shift certain responsibilities from one agency of the 
government to another. Enacting H.R. 1949 would not affect 
direct spending or revenues; therefore, pay-as-you-go 
procedures do not apply.
    H.R. 1949 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 Marin Burnett. 
The estimate was approved by H. Samuel Papenfuss, 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, spending authority, credit authority, or an increase 
or decrease in revenues or tax expenditures. The Congressional 
Budget Office estimates that implementation of this bill would 
``have no significant impact on the federal budget because it 
would just shift certain responsibilities from one agency of 
the government to another.''
    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 provide for the consideration and 
submission of site and design proposals for the National 
Liberty Memorial approved for establishment in the District of 
Columbia.

                           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 Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, and existing law in which no 
change is proposed is shown in roman):

      MILITARY CONSTRUCTION AUTHORIZATION ACT FOR FISCAL YEAR 2013




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DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS

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                              TITLE XXVIII


MILITARY CONSTRUCTION GENERAL PROVISIONS

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Subtitle F--Other Matters

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  Sec. 2860. ESTABLISHMENT OF COMMEMORATIVE WORK TO SLAVES AND 
FREE BLACK PERSONS WHO SERVED IN AMERICAN REVOLUTION.
  (a) Eligible Federal Land.--In this section, the term 
``eligible Federal land'' means Federal land depicted as ``Area 
I'' or ``Area II'' on the map numbered 869/86501 B and dated 
June 24, 2003. The term does not include the Reserve (as 
defined in section 8902(a) of title 40, United States Code).
  (b) Commemorative Work Authorized.--The National Mall Liberty 
Fund D.C. may establish a memorial on eligible Federal land to 
honor the more than 5,000 courageous slaves and free Black 
persons who served as soldiers and sailors or provided civilian 
assistance during the American Revolution.
  (c) Compliance With Standards for Commemorative Works.--
Chapter 89 of title 40, United States Code, and other 
applicable Federal laws and regulations shall apply to the 
establishment of the commemorative work authorized by this 
section[.], except that, under subsections (a)(2) and (b) of 
section 8905, the Secretary of Agriculture, rather than the 
Secretary of the Interior or the Administrator of General 
Services, shall be responsible for the consideration of site 
and design proposals and the submission of such proposals on 
behalf of the sponsor to the Commission of Fine Arts and 
National Capital Planning Commission
  (d) Prohibition on Use of Federal Funds.--The National Mall 
Liberty Fund D.C. may not use Federal funds to establish the 
commemorative work authorized by this section.
  (e) Deposit of Excess Funds.--
          (1) Upon establishment of commemorative work.--If, 
        upon payment of all expenses for the establishment of 
        the commemorative work authorized by this section 
        (including the maintenance and preservation amounts 
        required by section 8906(b)(1) of title 40, United 
        States Code), there remains a balance of funds received 
        for the establishment of the commemorative work, the 
        National Mall Liberty Fund D.C. shall transmit the 
        amount of the balance to the account provided for in 
        section 8906(b)(3) of such title.
          (2) Upon expiration of authority to establish 
        commemorative work.--If, upon expiration of the 
        authority for the commemorative work under section 
        8903(e) of title 40, United Sates Code, there remains a 
        balance of funds received for the establishment of the 
        commemorative work, the National Mall Liberty Fund D.C. 
        shall transmit the amount of the balance to a separate 
        account with the National Park Foundation for 
        memorials, to be available to the Secretary of the 
        Interior or Administrator of General Services (as 
        appropriate) following the process provided in section 
        8906(b)(4) of such title for accounts established under 
        section 8906(b)(3) of such title.
  (f) Repeal of Joint Resolutions.--Public Law 99-558 (110 
Stat. 3144; 40 U.S.C. 8903 note) and Public Law 100-265 (102 
Stat. 39; 40 U.S.C. 8903 note) are repealed.

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