[Senate Report 115-49]
[From the U.S. Government Publishing Office]


                                                        Calendar No. 62
                                                        
115th Congress}                                            { Report
                                 SENATE
 1st Session  }                                            { 115-49

======================================================================
 
      MARTIN LUTHER KING, JR. NATIONAL HISTORICAL PARK ACT OF 2017

                                _______
                                

                  May 9, 2017.--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. 267]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (H.R. 267) 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 
bill do pass.

                                Purpose

    The purpose of H.R. 267 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. 267 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 historic 
integrity.
    H.R. 267 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. The 
redesignation of the Historic Site as a National Historical 
Park will make it Georgia's first National Historical Park.

                          Legislative History

    Representative Lewis and 30 cosponsors introduced H.R. 267 
on January 4, 2017. On March 15, 2017, H.R. 267 was passed by 
the House of Representatives by a voice vote.
    In the 114th Congress, Representative Lewis introduced 
similar legislation, 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 ordered the bill favorably reported on 
July 13, 2016 (S. Report 114-337).
    The Committee on Energy and Natural Resources met in open 
business session on March 30, 2017, and ordered S. 267 
favorably reported.

                        Committee Recommendation

    The Senate Committee on Energy and Natural Resources, in 
open business session on March 30, 2017, by a majority voice 
vote of a quorum present, recommends that the Senate pass H.R. 
267.

                      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 costs of this measure has been 
provided by the Congressional Budget Office.

H.R. 267--Martin Luther King, Jr. National Historical Park Act of 2017

    H.R. 267 would redesignate the Martin Luther King, Junior, 
National Historic Site in Atlanta, Georgia, as a National 
Historic 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.
    Enacting H.R. 267 would not affect direct spending or 
revenues; therefore, pay-as-you-go procedures do not apply. CBO 
estimates that enacting H.R. 267 would not increase net direct 
spending or on-budget deficits in any of the four consecutive 
10-year periods beginning in 2028.
    H.R. 267 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 Jon Sperl. The 
estimate was approved by H. Samuel Papenfuss, 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 H.R. 267. 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. 267, as ordered reported.

                   Congressionally Directed Spending

    H.R. 267, 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

    Because H.R. 267 is similar to legislation considered by 
the Committee in the 114th Congress, the Committee did not 
request Executive Agency views. The testimony provided by the 
NPS at the hearing before the National Parks Subcommittee on 
March 17, 2016, 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 historic 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 historic 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 
H.R. 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. 
la-1 et seq.).

                                  
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