[Senate Report 114-337]
[From the U.S. Government Publishing Office]
Calendar No. 609
114th Congress } { Report
SENATE
2d Session } { 114-337
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MARTIN LUTHER KING, JR. NATIONAL HISTORICAL PARK ACT OF 2016
_______
September 6, 2016.--Ordered to be printed
_______
Ms. Murkowski, from the Committee on Energy and Natural
Resources, submitted the following
R E P O R T
[To accompany H.R. 2880]
The Committee on Energy and Natural Resources, to which was
referred the Act (H.R. 2880) to redesignate the Martin Luther
King, Junior, National Historic Site in the State of Georgia,
and for other purposes, having considered the same, reports
favorably thereon without amendment and recommends that the Act
do pass.
Purpose
The purpose of H.R. 2880 is to redesignate the Martin
Luther King, Junior, National Historic Site in the State of
Georgia as the Martin Luther King, Jr. National Historical
Park.
Background and Need
Public Law 96-428 established the Martin Luther King,
Junior, National Historic Site in Atlanta, Georgia to preserve,
protect, and interpret for the benefit, inspiration, and
education of present and future generations, the places where
Martin Luther King, Jr. was born, where he lived, worked, and
worshiped, and where he is buried, while ensuring connections
are made to his life and legacy.
Since 1980, Congress has twice modified the boundaries of
the Historic Site and Preservation District (Public Laws 102-
575 and 108-314). H.R. 2880 further modifies the boundaries to
include the Prince Hall Masonic Temple, where the Southern
Christian Leadership Conference (SCLC) established its initial
headquarters on Auburn Avenue in Atlanta, Georgia, in 1957.
This historic civil rights organization was co-founded by Dr.
King, who also served as its first president. The SCLC has now
relocated to another building on the same block. Including the
Prince Hall Masonic Temple within the unit's boundary would
enable the National Park Service (NPS) to provide technical
assistance to the building's owners with respect to repairs,
renovations, and maintenance to help preserve its historical
integrity.
H.R. 2880 also redesignates the National Historic Site as a
National Historical Park. The titles given to various areas
managed by the NPS vary widely, but Congress has generally
tried to give similar titles to areas that contain certain
common features. National Historical Parks are commonly areas
of greater physical extent and complexity than National
Historic Sites, which may only contain a single building.
Redesignation of the Historic Site as a National Historical
Park will make it Georgia's first National Historical Park.
Legislative History
Representative Lewis introduced H.R. 2880 on June 24, 2015.
The bill was reported favorably by the House Committee on
Natural Resources with an amendment (H. Rept. 114-431) on
February 3, 2016. The House of Representatives passed H.R. 2880
by voice vote on February 24, 2016.
H.R. 2880 was received in the Senate on February 25, 2016.
The Subcommittee on National Parks held a hearing on H.R. 2880
on March 17, 2016.
The Committee on Energy and Natural Resources met in open
business session on July 13, 2016, and ordered H.R. 2880
favorably reported.
Committee Recommendation
The Senate Committee on Energy and Natural Resources, in
open business session on July 13, 2016, by a majority voice
vote of a quorum present, recommends that the Senate pass H.R.
2880.
Section-by-Section Analysis
Section 1. Short title
Section 1 contains the short title.
Section 2. Martin Luther King, Jr. National Historical Park
Section 2 amends Public Law 96-428 to redesignate the
Martin Luther King, Junior, National Historic Site as the
Martin Luther King, Jr. National Historical Park as depicted on
the referenced map.
Section 3. References
Section 3 states any reference in a law, map, regulation,
document, paper or other record of the U.S. to ``Martin Luther
King, Junior, National Historic Site'' shall be deemed to be a
reference to ``Martin Luther King, Jr. National Historical
Park.''
Cost and Budgetary Considerations
The following estimate of the costs of this measure has
been provided by the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, August 8, 2016.
Hon. Lisa Murkowski,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
Dear Madam Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 2880, the Martin
Luther King, Jr. National Historical Park Act of 2016.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Jon Sperl.
Sincerely,
Mark P. Hadley
(For Keith Hall).
Enclosure.
H.R. 2880--Martin Luther King, Jr. National Historical Park Act of 2016
H.R. 2880 would redesignate the Martin Luther King, Junior,
National Historic Site in Atlanta, Georgia, as a National
Historical Park, and expand its existing boundaries to include
the original headquarters of the Southern Christian Leadership
Conference (SCLC). The SCLC is a civil rights organization co-
founded by Dr. King.
Based on information provided by the National Park Service,
CBO estimates that any cost to provide financial and technical
assistance for maintenance and upkeep of the privately owned
headquarters would be insignificant; any such spending would be
subject to the availability of appropriated funds.
Because enacting H.R. 2880 would not affect direct spending
or revenues, pay-as-you-go procedures do not apply. CBO
estimates that enacting H.R. 2880 would not increase net direct
spending or on-budget deficits in any of the four consecutive
10-year periods beginning in 2027.
H.R. 2880 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.
On February 23, 2016, CBO transmitted a cost estimate for
H.R. 2880, the Martin Luther King, Jr. National Historical Park
Act of 2015, as ordered reported by the House Committee on
Natural Resources on February 3, 2016. The two versions of the
legislation are similar and the CBO estimates of their
budgetary effects are the same.
The CBO staff contact for this estimate is Jon Sperl. The
estimate was approved by Theresa Gullo, 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 H.R. 2880. 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 H.R. 2880, as ordered reported.
Congressionally Directed Spending
H.R. 2880, 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 NPS at the March 17, 2016,
hearing on H.R. 2880 follows:
Statement of Peggy O'Dell, Deputy Director for Operations, National
Park Service, U.S. Department of the Interior
Mr. Chairman and members of the subcommittee, thank you for
the opportunity to present the views of the Department of the
Interior on H.R. 2880, a bill to redesignate Martin Luther
King, Junior, National Historic Site in the State of Georgia,
and for other purposes.
The Department supports H.R. 2880.
This legislation has two components: it would redesignate
the National Historic Site as a National Historical Park and
modestly expand the site's boundaries to incorporate the Prince
Hall Masonic Temple, where the Southern Christian Leadership
Conference established its initial headquarters on Auburn
Avenue in Atlanta, Georgia in 1957. This historic and
distinguished civil rights organization was co-founded by Dr.
King, who also served as its first president.
The Martin Luther King, Junior, National Historic Site was
established by Public Law 96-428 on October 10, 1980. The
historic site, located in Atlanta, Georgia, encompasses 38.38
acres, 18.08 of which are Federally owned. The historic
elements of the site include: Dr. King's birth home at 501
Auburn Avenue; the original Ebenezer Baptist Church, which he
co-pastored with his father from 1960-1968; the Martin Luther
King, Jr. Center for Nonviolent Social Change, Inc. (commonly
referred to as the ``The King Center''); the Birth Home Block
which contains portions of the historically African-American
Sweet Auburn residential community; and, Historic Fire Station
No. 6 where white firefighters operated within a predominantly
African American community. Approximately 700,000 national and
international visitors come to the site each year.
H.R. 2880 would redesignate Martin Luther King, Junior,
National Historic Site as the Martin Luther King, Jr. National
Historical Park. National historical parks are commonly areas
of greater physical extent and complexity than national
historic sites. Both designations denote units of the national
park system, both are considered to be national parks, and both
would be subject to the same laws and eligible for the same
funding streams. The change in designation would not alter the
management or operation of the park in any way. However,
designating a unit as a national historical park, as opposed to
a national historic site, is a way to let potential visitors
know that the unit probably contains a greater collection of
resources, or properties, than a national historic site, which
may simply be one building. It is a more accurate designation
for the collection of resources at this park, and we believe
that the re-designation will increase awareness of the park.
H.R. 2880 would also expand the boundary of the Martin
Luther King, Junior, National Historic Site to include the
Prince Hall Masonic Temple at 332-34 Auburn Avenue in Atlanta.
Prince Hall was the historic national headquarters for the
Southern Christian Leadership Conference where Dr. King was a
co-founder and first president. Today, the SCLC is located in a
new facility on the same block. Including the Prince Hall
Masonic Temple within the unit's boundary will permit the
National Park Service to provide technical assistance to the
building's owners with respect to repairs, renovations, and
maintenance that would preserve its historical integrity.
H.R. 2880 also updates the official park boundary map to
recognize a land exchange between the National Park Service and
the City of Atlanta that was authorized by Public Law 108-314
in 2005. That exchange permitted the National Park Service to
exchange a vacant lot with no historical significance for city-
owned property that has enabled the National Park Service to
establish easy street access to the park's visitor center and
museum. H.R. 2880 replaces the previous park boundary map with
a new map that incorporates both the land exchange authorized
by Public Law 108 314 and the boundary expansion proposed in
2880.
Mr. Chairman, this concludes my statement. I would be happy
to answer any questions that you or other 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, changes in existing law made by
the original bill, as reported, are shown as follows (existing
law proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
Public Law 96-428, as amended
AN ACT To establish the [Martin Luther King, Junior, National Historic
Site] Martin Luther King, Jr. National Historic Park in the State of
Georgia, and for other purposes
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That (a) in
order to protect and interpret for the benefit, inspiration,
and education of present and future generations the places
where Martin Luther King, Junior, was born, where he lived,
worked, and worshipped, and where he is buried, there is hereby
established the [Martin Luther King, Junior, National Historic
Site] Martin Luther King, Jr. National Historic Park in the
State of Georgia. The [national historic site] national
historic park shall consist of that real property in the city
of Atlanta, Georgia, within the boundary generally depicted on
[the map entitled ``Martin Luther King, Junior, National
Historic Site Boundary Map'', number 489/80,013B, and dated
September 1992] the map entitled ``Martin Luther King, Jr.
National Historical Park Proposed Boundary Revision'', numbered
489/128,786 and dated June 2015, together with the property
known as 234 Sunset Avenue, Northwest. The map referred to in
this subsection shall be on file and available for public
inspection in the local and Washington, District of Columbia
offices of the National Park Service, Department of the
Interior.
(b) In furtherance of the purposes of this Act, there is
hereby established the Martin Luther King, Junior, Preservation
District, which shall consist of the area identified as
``Preservation District'' in the map referred to in subsection
(a) of this section.
Sec. 2. (a) The Secretary of the Interior (hereinafter
referred to as ``the Secretary'') shall administer the [Martin
Luther King, Junior, National Historic Site] Martin Luther
King, Jr. National Historic Park and Preservation District in
accordance with the provisions of this Act, and the provisions
of law generally applicable to national [historic sites]
historic parks, including the Act of August 25, 1916 (39 Stat.
535; 16 U.S.C. 1, 2-4) and the Act of August 21, 1935 (49 Stat.
666; 16 U.S.C. 461-7).
(b)(1) Within the [national historic site] national
historic park the Secretary is authorized to acquire by
donation, purchase with donated or appropriated funds,
transfer, or exchange, lands and interests therein, except that
property owned by the State of Georgia or any political
subdivision thereof may be acquired only by donation or
exchange.
(2) Notwithstanding the acquisition authority contained in
paragraph (1), any lands or interests therein which are owned
wholly or in part, by the widow of Martin Luther King, Junior,
or by the Martin Luther King, Junior, Center for Social Change,
shall be acquired only with the consent of the owner thereof,
except that----
(A) the Secretary may acquire such property in
accordance with the provisions of this section if he
determines that the property is undergoing or is about
to undergo a change in use which is inconsistent with
the purposes of this Act, and
(B) with respect to properties owned by the Center
for Social Change, the Secretary shall have the first
right of refusal to purchase such property for a
purchase price not exceeding the fair market value of
such property on the date it is offered for sale.
(3) Property may be acquired pursuant to this section
subject to such conditions and reservations as in the judgment
of the Secretary are not inconsistent with the purposes of this
Act and the administration of the [national historic site]
national historic park, including, in the event that the burial
site of Martin Luther King, Junior, is acquired, the condition
that his widow may be interred therein.
(4) Any and all legal or equitable title, interests, or
encumbrances, if any, held by the Department of Housing and
Urban Development in the property designated ``Parcel A'' on
the map referenced in section one are hereby conveyed to the
Secretary to be administered in accordance with the purposes of
this Act.
(5) Structural space requirements of the National Park
Service to meet its administrative, operational, and
interpretive functions for the [national historic site]
national historic park and preservation district shall, to the
maximum extent feasible without displacing residents, be met
within the district through the adaptive use of existing
structures.
Sec. 3. (a) Within the [national historic site] national
historic park, the Secretary may convey a freehold or leasehold
interest in any property, for such sums as he deems
appropriate, and subject to such terms and conditions and
reservations as will assure the use of the property in a manner
which is, in the judgment of the Secretary, consistent with the
purposes of this Act and the administration of the [national
historic site] national historic park. The Secretary shall
offer the last owner or tenant of record a reasonable
opportunity to purchase or lease, as appropriate, the property
proposed to be conveyed prior to any conveyance under this
subsection, and in the case of a lease to such tenant of
record, the initial rental charge shall not be substantially
more than the last rent paid by the tenant for that property,
with any future increases not to exceed the general escalation
of rental rates in the surrounding area.
(b) The Secretary may enter into cooperative agreements
with the owners of properties of historical or cultural
significance as determined by the Secretary, pursuant to which
the Secretary may mark, interpret, improve, restore, and
provide technical assistance with respect to the preservation
and interpretation of such properties. Such agreements shall
contain, but need not be limited to, provisions that the
Secretary shall have the right of access at reasonable times to
public portions of the property for interpretive and other
purposes, and that no changes or alterations shall be made in
the property except by mutual agreement. The authorities in
this subsection shall also be available to the Secretary with
respect to properties within the Martin Luther King, Junior,
Preservation District.
(c) The Secretary may, in carrying out his authorities with
respect to the interpretation of properties within the
[national historic site] national historic park and the
preservation district, accept the services and assistance, with
or without reimbursement therefor, of qualified persons and
entities to the extent he deems necessary and appropriate.
Funds appropriated for the purposes of this Act may be expended
for the improvement, restoration, and maintenance of properties
in which the Secretary has acquired a leasehold interest.
(d) Notwithstanding any other provision of law, the
Secretary shall give first preference to the Martin Luther
King, Junior, Center for Social Change with respect to any
contract for a concession to sell books, postcards, tapes, or
similar types of appropriate mementos related to the purposes
of this Act, on facilities operated and maintained by the
Secretary within the [historic site] historic park: Provided,
That agreement can be reached on terms and conditions
acceptable to the Secretary.
(e) The Secretary is authorized to take only such actions
within and upon the grounds of the Ebenezer Baptist Church as
will directly support appropriate public visitation to and
within the church in accordance with the purposes of this Act,
or which will assist in the maintenance or preservation of
those portions of said church which are directly related to the
purposes of this Act.
Sec. 4. (a) There is hereby established the [Martin Luther
King, Junior, National Historic Site] Martin Luther King, Jr.
National Historic Park Advisory Commission (hereinafter
referred to in this section as the ``Commission''). The
Commission shall consist of thirteen members, eleven of whom
shall be appointed by the Secretary as follows:
(1) three members appointed for terms of three years
from recommendations submitted by the governing body of
the Martin Luther King, Junior, Center for Social
Change;
(2) two members appointed for terms of four years
from recommendations submitted by the Governor of the
State of Georgia, one of whom shall have professional
expertise in historic preservation matters;
(3) two members appointed for terms of five years
from recommendations submitted by the mayor of the city
of Atlanta, Georgia, one of whom shall represent the
economic and cultural interests of the Sweet Auburn
Historic District;
(4) one member appointed for a term of five years
from recommendations submitted by the governing body of
the Ebenezer Baptist Church;
(5) the Chairman of the Atlanta Urban Design
Commission and one additional member from the
Commission to be chosen by the Commission; and
(6) one member, appointed for a term of five years by
the Secretary, who shall chair the Commission. In
addition to the foregoing members, Mrs. Coretta Scott
King, or such other appropriate family member as may be
designated by the immediate family of Martin Luther
King, Junior, and the Director of the National Park
Service shall be ex officio members of the Commission.
(b) Any vacancy in the membership of the Commission shall
be filled in the same manner in which the original appointment
was made. Members of the Commission shall serve without
compensation as such, but the Secretary may pay expenses of
Commission members reasonably incurred by them in carrying out
their responsibilities under this section upon presentation of
vouchers signed by the chair of the Commission. Necessary
administrative services and expenses shall be provided to the
Commission by the Department of the Interior.
(c) The function of the Commission shall be to:
(1) advise the Secretary with respect to the
formulation and execution of plans for and the overall
administration of the [national historic site] national
historic park and the preservation district, including
advice with respect to the consummation of cooperative
agreements, and interpretation of properties, and the
use and appreciation of the [national historic site]
national historic park and the preservation district by
the public;
(2) prepare a generalized impact area plan for a one-
mile radius outside the District which shall examine
overall community development goals, plans, and efforts
within that area, including historic preservation,
transportation, parking, housing, urban revitalization,
and parks and recreation functions, in order to
maximize beneficial relationships between these goals,
plans, and efforts and the district herein established;
and
(3) prepare, on the basis of the findings and
recommendations of the impact area plan required by the
preceding paragraph, a detailed development plan for
the neighborhoods and outlying commercial areas
immediately outside the district for such development,
conservation, preservation, rehabilitation activities
and transportation, parking, and land use planning as
would complement and enhance the District and the
purposes for which the District is established.
(d) The Secretary is directed to provide the appropriate
planning agency of the city of Atlanta an amount of the local
planning funds authorized by section 6 sufficient for that
agency to provide such staff and technical assistance to the
Advisory Commission as are required for it to develop the plans
required by subsection (c) of this section. Such plans,
prepared in full coordination with and opportunities for
participation by, all relevant public agencies and private
groups, shall be delivered to the Secretary in a timely fashion
for use in preparing the general management plan for the
district.
(e) The Commission shall terminate ten years from the
effective date of this Act.
Sec. 5. Notwithstanding any other provision of law, no fees
shall be charged for entrance or admission to the [national
historic site] national historic park or the preservation
district established by this Act.
Sec. 6. Effective October 1, 1980, there are authorized to
be appropriated such sums as may be necessary to carry out the
provisions of this Act. Notwithstanding any other provision of
this Act, authority to enter into contracts, to incur
obligations, or to make payments under this Act shall be
effective only to the extent, and in such amounts, as are
provided in advance in appropriation Acts.
Sec. 7. (a) In order to better integrate the east and west
portions of the Martin Luther King, Junior, Preservation
District, the Federal Highway Administration, in cooperation
with the Georgia Department of Transportation, is hereby
directed to insure that any design and reconstruction of the
North Interstate 85 and Interstate 75 Expressway over Auburn
and Edgewood Avenues in the city of Atlanta, Georgia, and the
interchange at Edgewood Avenue, shall minimize the adverse
impacts on the preservation district.
(b) In carrying out the provisions of this subsection, the
Federal Highway Administration shall require that, where
feasible, any major change required for the Auburn Avenue
overpass results in a design which permits a wider distance
between overpass support structures and the disposition of
understructure development rights for appropriate business or
recreation uses.
(c) Plans for the construction, exterior renovation, or
demolition of by the National Park Service or any Federal
agency must be submitted to the Atlanta Urban Design Commission
in a timely fashion for its review and comment.
Sec. 8. Within three complete fiscal years from the
effective date of this Act, the Secretary shall submit to the
Committee on Interior and Insular Affairs of the United States
House of Representatives and the Committee on Energy and
Natural Resources of the United States Senate, a comprehensive
general management plan for the [historic site] historic site
and the preservation district consistent with the provisions of
this Act and pursuant to the provisions of section 12(b) of the
Act of August 18, 1970 (84 Stat. 825), as amended (16 U.S.C.
1a-1 et seq.).