[Senate Report 117-183]
[From the U.S. Government Publishing Office]


                                                     Calendar No. 534
117th Congress       }                             {        Report
                                 SENATE
 2d Session          }                             {        117-183

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

 
             NATIONAL PHILADELPHIA NATIONAL HISTORICAL PARK

                                _______
                                

                October 18, 2022.--Ordered to be printed

 Filed, under authority of the order of the Senate of October 14, 2022

                                _______
                                

   Mr. Manchin, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 3141]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 3141), to establish the New Philadelphia 
National Historical Park in the State of Illinois as a unit of 
the National Park System, and for other purposes, having 
considered the same, reports favorably thereon with an 
amendment, in the nature of a substitute, and recommends that 
the bill, as amended, do pass.

                               AMENDMENT

    The substitute 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 National Historical 
Park Act''.

SEC. 2. DEFINITIONS.

    In this Act:
          (1) Park.--The term ``Park'' means the New Philadelphia 
        National Historical Park established by section 3(a).
          (2) Secretary.--The term ``Secretary'' means the Secretary of 
        the Interior.
          (3) State.--The term ``State'' means the State of Illinois.

SEC. 3. ESTABLISHMENT OF NEW PHILADELPHIA NATIONAL HISTORICAL PARK.

    (a) Establishment.--There is established in the State as a unit of 
the National Park System the New Philadelphia National Historical Park.
    (b) Purpose.--The purpose of the Park is to protect, preserve, and 
interpret the historic resources associated with the town of New 
Philadelphia, the first town in the United States planned and legally 
registered by a free African American before the Civil War.
    (c) Boundary.--The Park shall consist of the approximately 124.33 
acres of land within the boundary generally depicted as ``Proposed 
Boundary'' on the map prepared by the National Park Service entitled 
``New Philadelphia National Historic Site Proposed Boundary'', numbered 
591/176,516, and dated July 2021.

SEC. 4. ADMINISTRATION.

    (a) In General.--The Secretary shall administer land within the 
boundary of the Park in accordance with--
    (1) this Act; and
          (2) the laws generally applicable to units of the National 
        Park System, including--
                  (A) section 100101(a), chapter 1003, and sections 
                100751(a), 100752, 100753, and 102101 of title 54, 
                United States Code; and
                  (B) chapter 3201 of title 54, United States Code.
    (b) Cooperative Agreements.--
          (1) In general.--The Secretary may enter into cooperative 
        agreements with the State or other public and private 
        entities--
                  (A) to coordinate preservation and interpretation 
                activities within the Park; and
                  (B) to identify, interpret, and provide assistance 
                for the preservation and interpretation of non-Federal 
                land within the boundary of the Park and at sites in 
                close proximity to the Park that are located outside 
                the boundary of the Park.
          (2) Public access.--Any cooperative agreement entered into 
        under paragraph (1) to provide assistance to non-Federal land 
        shall provide for reasonable public access to the non-Federal 
        land.
    (c) Acquisition of Land.--
          (1) In general.--Subject to paragraph (2), the Secretary may 
        acquire land and interests in land for inclusion in the Park 
        by--
                  (A) donation;
                  (B) purchase with donated or appropriated funds; or
                  (C) exchange.
          (2) Limitation.--Any land owned by the State or a political 
        subdivision of the State may be acquired for inclusion in the 
        Park only by donation.
    (d) Technical and Preservation Assistance.--The Secretary may 
provide public interpretation and technical assistance for the 
preservation of historic structures of, the maintenance of the cultural 
landscape of, and local preservation planning for, related historic and 
cultural resources within the boundaries of the Park.
    (e) Management Plan.--Not later than 3 fiscal years after the date 
on which funds are first made available to carry out this Act, the 
Secretary, in consultation with the State, shall complete a general 
management plan for the Park in accordance with--
          (1) section 100502 of title 54, United States Code; and
          (2) any other applicable laws.

                                PURPOSE

    The purpose of S. 3141, as ordered reported, is to 
establish the New Philadelphia National Historical Park in the 
State of Illinois as a unit of the National Park System.

                          BACKGROUND AND NEED

    Originally established in 1836 by Frank McWorter, New 
Philadelphia was the first town planned and legally registered 
by a free African-American before the Civil War. McWorter, once 
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, by hiring his 
time to other settlers, and by selling building lots in New 
Philadelphia. The rural community situated near the Mississippi 
and Illinois Rivers flourished at first, but later fell into 
decline when the railroad bypassed the community in 1869. It 
eventually dissolved in 1885. The New Philadelphia Historic 
District consists of an archeological site within the 40-acre 
original townsite. The New Philadelphia site was designated by 
the Secretary of the Interior as a National Historic Landmark 
on January 16, 2009.
    Several partner organizations and individuals have worked 
to protect and interpret the New Philadelphia site and conduct 
archeological and historical research. In 2014, Congress 
authorized the National Park Service to undertake a special 
resource study of the archeological site and surrounding land 
of the New Philadelphia Townsite (Public Law 113-291) to 
determine whether the site met the criteria for inclusion in 
the National Park System, including national significance, 
suitability, feasibility, and the need for National Park 
Service Management.

                          LEGISLATIVE HISTORY

    S. 3141 was introduced by Senator Durbin on November 2, 
2021. Senator Duckworth is a cosponsor. The Subcommittee on 
National Parks held a hearing on S. 3141 on May 11, 2022.
    The Subcommittee on Public Lands, Forests, and Mining held 
a hearing on the bill on May 11, 2022. Representative LaHood 
introduced a companion measure in the House of Representatives, 
H.R. 820. The House Natural Resources Committee ordered the 
bill to be favorably reported on July 14, 2021 (H. Rept. 117-
471). The House of Representatives passed H.R. 820 on a voice 
vote on September 19, 2022.

                        COMMITTEE RECOMMENDATION

    The Senate Committee on Energy and Natural Resources, in 
open business session on July 21, 2022, by a voice vote of a 
quorum present, recommends that the Senate pass S. 3141, if 
amended as described herein. Senator Lee asked to be recorded 
as voting no.

                          COMMITTEE AMENDMENT

    During its consideration of S. 3141, the Committee adopted 
a substitute amendment. The amendment standardized the park 
management language, removing a provision in the bill that 
required the Lincoln Home National Historic Site to be 
responsible for the management and operations of the national 
historical park. The amendment also made other clarifying edits 
and is described in more detail in the section-by-section 
analysis below.

                      SECTION-BY-SECTION ANALYSIS

Section 1. Short title

    Section 1 provides the short title, the ``New Philadelphia 
National Historical Park Act.''

Sec. 2. Definitions

    Section 2 defines key terms used in the bill.

Sec. 3. Establishment of New Philadelphia National Historical Park

    Section 3(a) establishes the New Philadelphia National 
Historical Park as a unit of the National Park System.
    Subsection (b) states that the purpose of the National 
Historic Site in preserving the history of the town of New 
Philadelphia, the first town in the United States planned and 
legally registered by a free African American before the Civil 
War.
    Subsection (c) establishes the boundaries of the Historical 
Park as generally depicted on the referenced map.

Sec. 4. Administration

    Section 4(a) requires the Secretary of the Interior to 
administer the Historical Park in accordance with this Act and 
applicable law.
    Subsection (b) authorizes the Secretary to enter into 
cooperative agreements with the State of Illinois and other 
public and private entities to coordinate preservation and 
interpretation, and to identify, interpret, and provide 
assistance for preservation and interpretation of non-Federal 
land within the boundary of the historical park and at sites in 
close proximity to the park. Cooperative agreements to provide 
assistance to non-federal land are required to provide 
reasonable public access.
    Subsection (c) permits the Secretary to acquire lands by 
donation or purchase with donated or appropriated funds. The 
Secretary may acquire State or political subdivision property 
only by donation.
    Subsection (d) authorizes the Secretary to provide 
preservation and technical assistance within the boundary of 
the park for historic structures, maintenance of the cultural 
landscape, local planning, and related historic and cultural 
resources.
    Subsection (e) requires the Secretary, in consultation with 
the State, to complete a general management plan not later than 
3 years after the date on which funds are first made available.

                   COST AND BUDGETARY CONSIDERATIONS

    The Committee has requested, but has not yet received, the 
Congressional Budget Office's estimate of the cost of S. 3141 
as ordered reported. When the Congressional Budget Office 
completes its cost estimate, it will be posted on the Internet 
at www.cbo.gov.

                      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. 3141. 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. 3141, as ordered reported.

                   CONGRESSIONALLY DIRECTED SPENDING

    S. 3141, 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 Department of the Interior at 
the May 11, 2022, subcommittee hearing on S. 3141 follows:

   Statement of Michael A. Caldwell, Acting Associate Director, Park 
Planning, Facilities and Lands, National Park Service, U.S. Department 
                            of the Interior

    Chairman King, Ranking Member Daines, and members of the 
Subcommittee, thank you for the opportunity to present the 
Department of the Interior's views on S. 3141, to establish the 
New Philadelphia National Historical Park in the State of 
Illinois as a unit of the National Park System, and for other 
purposes.
    The Department recognizes the important contribution to 
America's story that is represented by the site known as New 
Philadelphia--the first town planned and legally registered by 
a free African American before the Civil War. Congress 
authorized a special resource study of the archeological site 
and surrounding land of the New Philadelphia Townsite as part 
of the Carl Levin and Howard P. ``Buck'' McKeon National 
Defense Authorization Act for FY 2015 (P.L. 113-291), enacted 
on December 19, 2014. The study, which is in progress will 
consider whether the site meets the Congressionally established 
criteria for inclusion in the National Park System, including 
national significance, suitability, feasibility, and the need 
for NPS Management.
    S. 3141 would establish the New Philadelphia site as a unit 
of the National Park System to coordinate the preservation, 
protection, and interpretation efforts there by different 
entities and to coordinate appropriate management options. The 
bill would establish a boundary for the park, authorize 
acquisition of land and structures for the park, provide for 
preservation assistance to public and non-public entities 
within the boundaries of the park and at sites in close 
proximity to the park, and require a management plan to be 
completed within three years after funds are made available for 
that purpose.
    Originally established in 1836 by Frank McWorter, New 
Philadelphia was the first town planned and legally registered 
by a free African American before the Civil War. McWorter, once 
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, by hiring his 
time to other settlers, and by selling lots in New 
Philadelphia, the town he founded. The rural community situated 
near the Mississippi and Illinois rivers flourished at first, 
but later fell in decline when the railroad bypassed the 
community in 1869; it was eventually dissolved in 1885. The New 
Philadelphia Historic District consists of an archeological 
site within the 40-acre original townsite. The New Philadelphia 
site is listed on the National Register of Historic Places, 
designated as a National Historic Landmark and included in the 
National Park Service's National Underground Railroad Network 
to Freedom.
    Several partner organizations and individuals have been 
working together for years to protect and interpret the New 
Philadelphia site and conduct archeological and historical 
research. Most active among them are nonprofit organizations 
including the New Philadelphia Association, the Archaeological 
Conservancy, the Philadelphia Land Trust, and the faculty and 
students from the Universities of Illinois and Maryland. They 
manage a website and social media, an informational kiosk, and 
an ``augmented reality'' cell phone tour of the history of the 
site.
    If the Committee decides to act on this legislation, we 
would like to work with you on amendments and a legislative 
map.
    Chairman King, this concludes my statement. I would be 
pleased to answer any questions 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, the Committee notes that no 
changes in existing law are made by S. 3141, as ordered 
reported.

                                  [all]