49–010 

Calendar No. 633 

113TH CONGRESS REPORT " ! SENATE 2d Session 113–293 

NEW PHILADELPHIA, ILLINOIS, STUDY ACT 

DECEMBER 10, 2014.—Ordered to be printed 

Ms. LANDRIEU, from the Committee on Energy and Natural 

Resources, submitted the following 

R E P O R T 

[To accompany S. 1328] 

The Committee on Energy and Natural Resources, to which was 

referred the bill (S. 1328) 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, reports favorably thereon without amendment and recommends that 

the bill do pass. 

PURPOSE

The purpose of S. 1328 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

New Philadelphia, located near Barry, Illinois, was founded in 

1836 by Frank McWhorter, and is the first known town established 

by an African American before the Civil War. Mr. McWhorter, an 

enslaved man, bought his freedom in 1819 and eventually the freedom of 15 family members by mining in Kentucky caves and processing the mined material into saltpeter. Once a thriving area, 

New Philadelphia fell into decline when the first railroad constructed in the area bypassed the town. 

The New Philadelphia Town Site was listed on the National Register of Historic Places in August 2005 and designated a National 

Historic Landmark in January 2009. 


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Today, the area is covered by farmland. No original buildings of 

the town or the McWhorter farm or home are visible above ground. 

However, the high archeological integrity of the town site presents 

the opportunity to address nationally significant research questions 

regarding social relationships as seen through the landscape of the 

New Philadelphia Town site. 

Legislation is needed to authorize the Secretary of the Interior 

to conduct a special resource study to determine the suitability and 

feasibility of adding the New Philadelphia town site and the land 

surrounding it in Illinois, as a unit of the National Park System. 

LEGISLATIVE HISTORY

S. 1328 was introduced by Senators Kirk and Durbin on July 18, 

2013. The Subcommittee on National Parks held a hearing on the 

bill on July 31, 2013 (S. Hrg. 113–93). A similar bill, H.R. 930, was 

introduced by Representative Schock on February 28, 2013. It is cosponsored by eight additional House members. The Public Lands 

and Environmental Regulation Subcommittee held a hearing on 

July 23, 2013, and reported the bill as amended on September 20, 

2013 (H. Rep. 113–219). The House of Representatives passed the 

bill by voice vote on April 28, 2014. 

S. 1328 is similar to S. 1902 which was introduced in the 112th 

Congress by Senators Kirk and Durbin on November 17, 2011. 

In the 111th Congress, the Subcommittee on National Parks held 

a hearing on a similar bill, S. 1629, on March 17, 2010 (S. Hrg. 

111–476). The Committee on Energy and Natural Resources considered the bill, and adopted amendments to it at its business meeting 

on June 16, 2010. The Committee ordered S. 1629 favorably reported, as amended, at its business meeting on June 21, 2010 (S. 

Rept. 111–258). 

COMMITTEE RECOMMENDATION

The Senate Committee on Energy and Natural Resources, in 

open business session on November 13, 2014, by a voice vote of a 

quorum present, recommends that the Senate pass S. 1328. 

SECTION-BY-SECTION ANALYSIS

Section 1 provides the short title, the New Philadelphia, Illinois, 

Study Act. 

Section 2 contains findings about the history and significance of 

the site of New Philadelphia. 

Section 3 contains the definition of the terms ‘‘Secretary’’ and 

‘‘Study Are’’. 

Section 4 authorizes the Secretary of the Interior to conduct a 

special resource study of the site of New Philadelphia to include 

national significance; suitability and feasibility of designating the 

area as a unit of the National Park System; and considering other 

alternatives for preservation, protection and interpretation of the 

area including cost estimates. Subsection (d) requires the Secretary 

to submit a report of the study within three years after funding. 

COST AND BUDGETARY CONSIDERATIONS

The following estimate of costs of this measure has been provided 

by the Congressional Budget Office. 


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S. 1328—New Philadelphia, Illinois, Study Act 

S. 1328 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 S. 1328 would not affect direct 

spending or revenues; therefore, pay-as-you-go procedures do not 

apply. 

S. 1328 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. 

On August 22, 2013, CBO transmitted a cost estimate for H.R. 

930 (an identically titled bill), as ordered reported by the House 

Committee on Natural Resources on July 31, 2013. H.R. 930 and 

S. 1328 are similar, and the CBO cost estimates are the same. 

The CBO staff contact for this estimate is Susanne S. Mehlman. 

The estimate was approved by Theresa Gullo, 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 

S. 1328. 

The Act 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. 1328, as ordered reported. 

CONGRESSIONALLY DIRECTED SPENDING

S. 1328, as 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 National Park Service at the July 

31, 2013, Subcommittee on National Parks hearing on S. 1328 follows: 

STATEMENT OF STEPHANIE TOOTHMAN, ASSOCIATE DIRECTOR, CULTURAL RESOURCES, PARTNERSHIPS, AND

SCIENCE, NATIONAL PARK SERVICE, U.S. DEPARTMENT OF

THE INTERIOR

Mr. Chairman, thank you for the opportunity to appear 

before you to provide the Department of the Interior’s 

views on S. 1328, a bill to authorize the Secretary of the 

Interior to conduct a special resource study of the archeoVerDate Sep 11 2014 01:38 Dec 20, 2014 Jkt 049010 PO 00000 Frm 00003 Fmt 6659 Sfmt 6969 E:\HR\OC\SR293.XXX SR293

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logical site, and surrounding land of the New Philadelphia 

town site in the State of Illinois, and for other purposes. 

The Department supports enactment of S. 1328. However, we believe that priority should be given to the 30 

previously authorized studies for potential units of the National Park System, potential new National Heritage 

Areas, and potential additions to the National Trails System and National Wild and Scenic River System that have 

not yet been transmitted to the Congress. 

S. 1328 authorizes a special resource study to evaluate 

the national significance of the New Philadelphia, Illinois 

town site and to determine the suitability and feasibility 

of designating the archaeological site and the surrounding 

land as a unit of the National Park System. The bill directs the Secretary, in the course of the resource study, to 

also consider other alternatives for the preservation, protection and interpretation of the archeological site of New 

Philadelphia, Illinois and the surrounding land by Federal, 

State or local government entities, private nonprofit organizations or any other interested individuals. We estimate 

the cost of the resource study to range from $200,000 to 

$300,000, based on similar types of studies conducted in 

recent years. 

The New Philadelphia town site, located near Barry, Illinois, was founded in 1836 by Frank McWhorter, an 

enslaved man from Kentucky, who bought his own freedom 

and the freedom of 15 family members. New Philadelphia 

is the first known town platted and officially registered by 

an African-American before the Civil War. 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 was eventually 

dissolved in 1885. The New Philadelphia town site is a 42- 

acre archeological site with no visible above-ground evidence. It was designated a National Historic Landmark on 

January 16, 2009. 

In 2012, the National Park Service completed a reconnaissance survey of the New Philadelphia town site. The 

survey found that the site is nationally significant and 

would likely meet the criteria for suitability to be added to 

the National Park System. The survey also found, however, that the New Philadelphia town site is not likely to 

be feasible for addition to the National Park System due 

to the challenges of providing for public enjoyment, including associated operation and staffing costs. However, a 

special resource study also would examine alternatives to 

National Park Service management for the preservation 

and interpretation of the New Philadelphia town site. 

Mr. Chairman, this concludes my prepared statement. I 

would be happy to answer any questions that you or other 

committee members may have regarding this bill. 


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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. 1328, as ordered reported. 

Æ 


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