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[House Report 106-741]
[From the U.S. Government Publishing Office]

106th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     106-741

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

 
            NATIONAL UNDERGROUND RAILROAD FREEDOM CENTER ACT

                                _______
                                

 July 17, 2000.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Young of Alaska, from the Committee on Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 2919]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 2919) to promote preservation and public awareness of the 
history of the Underground Railroad by providing financial 
assistance, to the Freedom Center in Cincinnati, Ohio, having 
considered the same, report favorably thereon with an amendment 
and recommend that the bill as amended do pass.
  The amendment is as follows:
  Strike out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``National Underground Railroad Freedom 
Center Act''.

SEC. 2. FINDINGS AND PURPOSES.

  (a) Findings.--Congress finds that--
          (1) the National Underground Railroad Freedom Center 
        (hereinafter ``Freedom Center'') is a nonprofit organization 
        incorporated under the laws of the State of Ohio in 1995;
          (2) the objectives of the Freedom Center are to interpret the 
        history of the Underground Railroad through development of a 
        national cultural institution in Cincinnati, Ohio, that will 
        house an interpretive center, including museum, educational, 
        and research facilities, all dedicated to communicating to the 
        public the importance of the quest for human freedom which 
        provided the foundation for the historic and inspiring story of 
        the Underground Railroad;
          (3) the city of Cincinnati has granted exclusive development 
        rights for a prime riverfront location to the Freedom Center;
          (4) the Freedom Center will be a national center linked 
        through state-of-the-art technology to Underground Railroad 
        sites and facilities throughout the United States and to a 
        constituency that reaches across the United States, Canada, 
        Mexico, the Caribbean and beyond; and
          (5) the Freedom Center has reached an agreement with the 
        National Park Service to pursue a range of historical and 
        educational cooperative activities related to the Underground 
        Railroad, including but not limited to assisting the National 
        Park Service in the implementation of the National Underground 
        Railroad Network to Freedom Act.
  (b) Purposes.--The purposes of this Act are--
          (1) to promote preservation and public awareness of the 
        history of the Underground Railroad;
          (2) to assist the Freedom Center in the development of its 
        programs and facilities in Cincinnati, Ohio; and
          (3) to assist the National Park Service in the implementation 
        of the National Underground Railroad Network to Freedom Act (16 
        U.S.C. 469l).

SEC. 3. DEFINITIONS.

  In this Act:
          (1) Secretary.--The term ``Secretary'' means the Secretary of 
        the Interior.
          (2) Project budget.--The term ``project budget'' means the 
        total amount of funds expended by the Freedom Center on 
        construction of its facility, development of its programs and 
        exhibits, research, collection of informative and educational 
        activities related to the history of the Underground Railroad, 
        and any administrative activities necessary to the operation of 
        the Freedom Center, prior to the opening of the Freedom Center 
        facility in Cincinnati, Ohio.
          (3) Federal share.--The term ``Federal share'' means an 
        amount not to exceed 20 percent of the project budget and shall 
        include all amounts received from the Federal Government under 
        this legislation and any other Federal programs.
          (4) Non-federal share.--The term ``non-Federal share'' means 
        all amounts obtained by the Freedom Center for the 
        implementation of its facilities and programs from any source 
        other than the Federal Government, and shall not be less than 
        80 percent of the project budget.
          (5) The freedom center facility.--The term ``the Freedom 
        Center facility'' means the facility, including the building 
        and surrounding site, which will house the museum and research 
        institute to be constructed and developed in Cincinnati, Ohio, 
        on the site described in section 4(c).

SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

  (a) Program Authorized.--From sums appropriated pursuant to the 
authority of subsection (d) in any fiscal year, the Secretary is 
authorized and directed to provide financial assistance to the Freedom 
Center, in orderto pay the Federal share of the cost of authorized 
activities described in section 5.
  (b) Expenditure on Non-Federal Property.--The Secretary is authorized 
to expend appropriated funds under subsection (a) of this section to 
assist in the construction of the Freedom Center facility and the 
development of programs and exhibits for that facility which will be 
funded primarily through private and non-Federal funds, on property 
owned by the city of Cincinnati, Hamilton County, and the State of 
Ohio.
  (c) Description of the Freedom Center Facility Site.--The facility 
referred to in subsections (a) and (b) will be located on a site 
described as follows: a 2-block area south of new South Second, west of 
Walnut Street, north of relocated Theodore M. Berry Way, and east of 
Vine Street in Cincinnati, Ohio.
  (d) Authorization of Appropriations.--There are authorized to be 
appropriated $16,000,000 for the 4 fiscal year period beginning October 
1, 1999. Funds not to exceed that total amount may be appropriated in 1 
or more of such fiscal years. Funds shall not be disbursed until the 
Freedom Center has commitments for a minimum of 50 percent of the non-
Federal share.
  (e) Availability of Funds.--Notwithstanding any other provision of 
law, funds appropriated to carry out the provisions of this Act shall 
remain available for obligation and expenditure until the end of the 
fiscal year succeeding the fiscal year for which the funds were 
appropriated.
  (f) Other Provisions.--Any grant made under this Act shall provide 
that--
          (1) no change or alteration may be made in the Freedom Center 
        facility except with the agreement of the property owner and 
        the Secretary;
          (2) the Secretary shall have the right of access at 
        reasonable times to the public portions of the Freedom Center 
        facility for interpretive and other purposes; and
          (3) conversion, use, or disposal of the Freedom Center 
        facility for purposes contrary to the purposes of this Act, as 
        determined by the Secretary, shall result in a right of the 
        United States to compensation equal to the greater of--
                  (A) all Federal funds made available to the grantee 
                under this Act; or
                  (B) the proportion of the increased value of the 
                Freedom Center facility attributable to such funds, as 
                determined at the time of such conversion, use, or 
                disposal.

SEC. 5. AUTHORIZED ACTIVITIES.

  (a) In General.--The Freedom Center may engage in any activity 
related to its objectives addressed in section 2(a), including, but not 
limited to, construction of the Freedom Center facility, development of 
programs and exhibits related to the history of the Underground 
Railroad, research, collection of information and artifacts and 
educational activities related to the history of the Underground 
Railroad, and any administrative activities necessary to the operation 
of the Freedom Center.
  (b) Priorities.--The Freedom Center shall give priority to--
          (1) construction of the Freedom Center facility;
          (2) development of programs and exhibits to be presented in 
        or from the Freedom Center facility; and
          (3) providing assistance to the National Park Service in the 
        implementation of the National Underground Railroad Network to 
        Freedom Act (16 U.S.C. 469l).

SEC. 6. APPLICATION.

  (a) In General.--The Freedom Center shall submit an application to 
the Secretary at such time, in such manner, and containing or 
accompanied by such information as the Secretary may reasonably 
require. Each application shall--
          (1) describe the activities for which assistance is sought;
          (2) provide assurances that the non-Federal share of the cost 
        of activities of the Freedom Center shall be paid from non-
        Federal sources, together with an accounting of costs expended 
        by the Freedom Center to date, a budget of costs to be incurred 
        prior to the opening of the Freedom Center facility, an 
        accounting of funds raised to date, both Federal and non-
        Federal, and a projection of funds to be raised through the 
        completion of the Freedom Center facility.
  (b) Approval.--The Secretary shall approve the application submitted 
pursuant to subsection (a) unless such application fails to comply with 
the provisions of this Act.

SEC. 7. REPORTS.

  The Freedom Center shall submit an annual report to the appropriate 
committees of the Congress not later than January 31, 2000, and each 
succeeding year thereafter for any fiscal year in which Federal funds 
are expended pursuant to this Act. The report shall--
          (1) include a financial statement addressing the Freedom 
        Center's costs incurred to date and projected costs, and funds 
        raised to date and projected fundraising goals;
          (2) include a comprehensive and detailed description of the 
        Freedom Center's activities for the preceding and succeeding 
        fiscal years; and
          (3) include a description of the activities taken to assure 
        compliance with this Act.

SEC. 8. AMENDMENT TO THE NATIONAL UNDERGROUND RAILROAD NETWORK TO 
                    FREEDOM ACT OF 1998.

  The National Underground Railroad Network to Freedom Act of 1998 
(Public Law 105-203) is amended by adding at the end the following:

``SEC. 4. PRESERVATION OF HISTORIC SITES OR STRUCTURES.

  ``(a) Authority to Make Grants.--The Secretary of the Interior may 
make grants, in accordance with this section, to historic sites or 
structures associated with the Underground Railroad for the 
preservation and restoration of buildings or structures listed on, or 
eligible for listing on, the National Register of Historic Places.-
  ``(b) Grant Conditions.--Any grant made under this section shall 
provide that--
          ``(1) no change or alteration may be made in property for 
        which the grant is used except with the agreement of the 
        property owner and the Secretary;
          ``(2) the Secretary shall have the right of access at 
        reasonable times to the public portions of such property for 
        interpretive and other purposes; and
          ``(3) conversion, use, or disposal of such property for 
        purposes contrary to the purposes of this Act, as determined by 
        the Secretary, shall result in a right of the United States to 
        compensation equal to all Federal funds made available to the 
        grantee under this Act.
  ``(c) Matching Requirement.--The Secretary may obligate funds made 
available for a grant under this section only if the grantee agrees to 
match, from funds derived from non-Federal sources, the amount of the 
grant with an amount that is equal to or greater than the grant. The 
Secretary may waive the requirement of the preceding sentence with 
respect to a grant if the Secretary determines that an extreme 
emergency exists or that such a waiver is in the public interest to 
assure the preservation of historically significant resources.
  ``(d) Funding.--There are authorized to be appropriated to the 
Secretary for purposes of this section $2,500,000 for fiscal year 2001 
and each subsequent fiscal year. Amounts authorized but not 
appropriated in a fiscal year shall be available for appropriation in 
subsequent fiscal years.''.

                          Purpose of the Bill

    The purpose of H.R. 2919 is to promote preservation and 
public awareness of the history of the Underground Railroad by 
providing financial assistance to the Freedom Center in 
Cincinnati, Ohio.

                  Background and Need for Legislation

    H.R. 2919 provides financial assistance to the Freedom 
Center in Cincinnati, Ohio, to promote preservation and public 
awareness of the history of the Underground Railroad. From the 
end of the 18th century to the end of the Civil War, the 
Underground Railroad flourished, symbolizing the ideal of 
freedom. In 1995, the National Underground Railroad Freedom 
Center was founded in Cincinnati, Ohio, to interpret the 
history of the Underground Railroad by bringing together 
exhibits that link different Underground Railroad sites. The 
National Park Service has chosen the Freedom Center for the 
first public/private partnership under the National Underground 
Railroad Network to Freedom Act (NURNFA, 16 U.S.C. 469l) to 
coordinate the sites and activities.
    H.R. 2919 provides no more than twenty percent of the total 
funding for construction of the museum and research center and 
development of programs and exhibits. As a public/private 
partnership, the Freedom Center is required to raise the 
remaining funds from other sources. H.R. 2919 authorizes no 
more than $16 million total over four years to be appropriated. 
Furthermore, the federal share would not be disbursed until the 
Freedom Center has commitments for at least fifty percent of 
the non-federal share.

                            Committee Action

    H.R. 2919 was introduced by Congressman Rob Portman (R-OH) 
on September 22, 1999. The bill was referred to the Committee 
on Resources, and within the Committee to the Subcommittee on 
National Parks and Public Lands. On March 30, 2000, the 
Subcommittee held a hearing on the bill. On May 18, 2000, the 
Subcommittee met to consider the bill. No amendments were 
offered and the bill was ordered favorably reported to the Full 
Committee by voice vote. On June 20, 2000, the Resources 
Committee met to consider the bill. Congressman Joseph Crowley 
(D-NY) offered an amendment which provided additional 
conditions for grants under the bill and amended the NURNFA to 
authorize funding to preserve historic sites or structures 
associated with the Underground Railroad. The amendment was 
adopted by voice vote. No further amendments were offered and 
the bill, as amended, was then ordered favorably reported to 
the House of Representatives by voice vote.

            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 Resources' oversight findings and recommendations 
are reflected in the body of this report.

                   Constitutional Authority Statement

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact this bill.

                    Compliance With House Rule XIII

    1. Cost of Legislation. Clause 3(d)(2) 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)(3)(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.
    2. 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.
    3. Government Reform Oversight Findings. Under clause 
3(c)(4) of rule XIII of the Rules of the House of 
Representatives, the Committee has received no report of 
oversight findings and recommendations from the Committee on 
Government Reform on this bill.
    4. Congressional Budget Office Cost Estimate. 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:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, June 28, 2000.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 2919, the National 
Underground Railroad Freedom Center Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Deborah 
Reis and Ali Aslam (for federal costs), and Majorie Miller (for 
the state and local impact).
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

H.R. 2919--National Underground Railroad Freedom Center Act

    H.R. 2919 would direct the Secretary of the Interior to 
provide financial assistance to the National Underground 
Railroad Freedom Center in Cincinnati, Ohio. The bill would 
authorize the appropriation of $16 million through fiscal year 
2003 to finance 20 percent of the costs of the center's 
activities, primarily constructing a facility and developing 
related programs and exhibits. H.R. 2919 also would authorize 
the appropriation of $2.5 million annually beginning in fiscal 
year 2001 for grants to preserve and restore historic 
structures associated with the Underground Railroad.
    Assuming appropriation of the authorized amounts, CBO 
estimates that the National Park Service would spend $27.5 
million over the 2001-2005 period, including $15 million for 
the Freedom Center facility and $2.5 million for each of the 
five years for historic preservation grants. (The center 
received an appropriation of $1 million in fiscal year 2000.) 
H.R. 2919 would not affect direct spending or receipts; 
therefore, pay-as-you-go procedures would not apply.
    The bill contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act. State 
and local governments might incur some costs to match federal 
funds authorized by the bill, but these costs would be 
voluntary.
    The CBO staff contacts are Deborah Reis and Ali Aslam (for 
federal costs), and Majorie Miller (for the state and local 
impact). This estimate was approved by Peter H. Fontaine, 
Deputy Assistant Director for Budget Analysis.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

               Preemption of State, Local, or Tribal Law

    This bill is not intended to preempt 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 (new matter is 
printed in italic and existing law in which no change is 
proposed is shown in roman):

 SECTION 4 OF THE NATIONAL UNDERGROUND RAILROAD NETWORK TO FREEDOM ACT 
                                OF 1998

SEC. 4. PRESERVATION OF HISTORIC SITES OR STRUCTURES.

  (a) Authority to Make Grants.--The Secretary of the Interior 
may make grants, in accordance with this section, to historic 
sites or structures associated with the Underground Railroad 
for the preservation and restoration of buildings or structures 
listed on, or eligible for listing on, the National Register of 
Historic Places.
  (b) Grant Conditions.--Any grant made under this section 
shall provide that--
          (1) no change or alteration may be made in property 
        for which the grant is used except with the agreement 
        of the property owner and the Secretary;
          (2) the Secretary shall have the right of access at 
        reasonable times to the public portions of such 
        property for interpretive and other purposes; and
          (3) conversion, use, or disposal of such property for 
        purposes contrary to the purposes of this Act, as 
        determined by the Secretary, shall result in a right of 
        the United States to compensation equal to all Federal 
        funds made available to the grantee under this Act.
  (c) Matching Requirement.--The Secretary may obligate funds 
made available for a grant under this section only if the 
grantee agrees to match, from funds derived from non-Federal 
sources, the amount of the grant with an amount that is equal 
to or greater than the grant. The Secretary may waive the 
requirement of the preceding sentence with respect to a grant 
if the Secretary determines that an extreme emergency exists or 
that such a waiver is in the public interest to assure the 
preservation of historically significant resources.
  (d) Funding.--There are authorized to be appropriated to the 
Secretary for purposes of this section $2,500,000 for fiscal 
year 2001 and each subsequent fiscal year. Amounts authorized 
but not appropriated in a fiscal year shall be available for 
appropriation in subsequent fiscal years.

                                
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