79–010

106TH CONGRESS REPORT

2d Session " ! SENATE 106–445

NATIONAL UNDERGROUND RAILROAD FREEDOM CENTER

ACT

SEPTEMBER 29, 2000.—Ordered to be printed

Filed under authority of the order of the Senate of September 28 (legislative day,

September 22), 2000

Mr. MURKOWSKI, from the Committee on Energy and Natural

Resources, submitted the following

REPORT

[To accompany H.R. 2919]

The Committee on Energy and Natural Resources, to which was

referred the Act (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, reports favorably thereon without

amendment and recommends that the Act do pass.

PURPOSE OF THE MEASURE

The purpose of H.R. 2919 is to promote preservation and public

awareness of the history of the Underground Railroad by authorizing the Secretary of the Interior to provide financial assistance to

the Freedom Center in Cincinnati, Ohio.

BACKGROUND AND NEED

In 1990 Congress directed the National Park Service (NPS) to

study how to best interpret and commemorate the Underground

Railroad (Public Law 101–628). This study was accomplished in coordination with an Underground Railroad Advisory Committee. In

1995, the NPS and Committee issued their final report, which concluded that the Underground Railroad is not individual sites or

trails, but rather, networks and geographic regions that encompass

a variety of partnerships among individuals, Federal, State, and

local governments, and the private sector. There are 27 units of the

National Park System directly related to the Underground Railroad

experience, and 55 sites that relate to the African-American experience in America. Furthermore, the study identified 380 sites and

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structures in 29 States, Canada, Mexico, and the Caribbean islands, under state and local government stewardship, or privately

owned, that have important direct association with the Underground Railroad. Of that number, 42 were identified as having potential for designation as national historic landmarks.

The National Underground Railroad Network to Freedom Act of

1998 (Public Law 105–203) facilitated the establishment of partnerships among the Federal, State, and local governments, and the

private sector, to assist in interpreting and commemorating the

historical network of buildings, interpretive centers, museums, geographic areas and routes that were part of the movement to resist

slavery in the United States in the decades prior to the Civil War.

The Act did not create any new National Park System units, but

authorized the NPS to coordinate, produce and distribute appropriate educational materials, and enter into cooperative agreements to provide technical assistance to state and local governments and the private sector.

One of the organizations with which the National Park Service

has been working is the National Underground Railroad Freedom

Center. The Freedom Center was founded in 1995 as a non-profit

organization to interpret the history of the Underground Railroad

through development of a national cultural center in Cincinnati,

Ohio. The Freedom Center is expected to open in 2003, and will include an interpretive center, museum, and educational and research facilities. It will employ state-of-the-art technology and advanced interdisciplinary education to commemorate, educate, inspire, and promote reconciliation among all races. In 1999, the National Park Service entered into a memorandum of understanding

with the National Underground Railroad Freedom Center for the

purpose of sharing information, developing educational materials,

and using the Center’s facilities.

H.R. 2919 authorizes the appropriation of $16 million over the

four-year period beginning with fiscal year 1999 for the Federal

share of constructing the Freedom Center facility and developing

programs and exhibits. The funds would be contingent on a nonFederal match of 80 percent of the total project cost. In addition,

H.R. 2919 amends the National Underground Railroad Network to

Freedom Act of 1998 (112 Stat. 679; 16 U.S.C. 469l and following)

to provide the Secretary of the Interior authority to make grants

for the preservation and restoration of historic buildings or structures associated with the Underground Railroad. The Secretary

may also make grants for related research and documentation of

sites programs, or facilities that have been included in the national

network. The measure authorizes the appropriation of $2,500,000

for such grants in fiscal year 2001 and each subsequent fiscal year.

LEGISLATIVE HISTORY

H.R. 2919 passed the House of Representatives on July 25, 2000.

A similar bill, S. 1617 was introduced by Senators DeWine,

Voinovich, and McConnell on September 29, 1999. The Subcommittee on National Parks, Historic Preservation and Recreation

held a hearing on S. 1617 on May 11, 2000. At the business meeting on September 20, 2000, the Committee on Energy and Natural

Resources ordered H.R. 2919 favorably reported.

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COMMITTEE RECOMMENDATION

The Committee on Energy and Natural Resources, in open business session on September 20, 2000, by a voice vote of a quorum

present, recommends that the Senate pass H.R. 2919.

SECTION-BY-SECTION ANALYSIS

Section 1 designates the bill’s short title as the ‘‘National Underground Railroad Freedom Center Act.’’

Section 2 contains congressional findings regarding the National

Underground Railroad Freedom Center (Freedom Center) and outlines the bill’s purposes, which 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 (112 Stat. 679; 16 U.S.C. 469l and

following).

Section 3 provides definitions for terms used in the bill.

Section 4(a) authorizes and directs the Secretary of the Interior,

using funds appropriated pursuant to subsection (d), to provide financial assistance to the Freedom Center in order to pay up to 20

percent of the cost of activities described in section 5.

Subsection (b) authorizes the Secretary to expend the funds to

assist in the construction of the Freedom Center and the development of programs and exhibits for the facility, which will be funded

primarily through private and non-Federal funds and located on

non-Federal property.

Subsection (c) describes the site of the Freedom Center in Cincinnati, Ohio.

Subsection (d) authorizes the appropriation of funds totaling $16

million over the 4 fiscal year period beginning October 1, 1999. The

funds may be appropriated in one or more fiscal years, but may not

be disbursed until the Freedom Center has commitments for at

least 50 percent of the non-Federal share.

Subsection (e) states that the funds will remain available for obligation and expenditure until the end of the fiscal year succeeding

the one in which they are appropriated.

Subsection (f) contains provisions concerning: (1) a requirement

that no alteration may be made to the Freedom Center except with

the agreement of its owner and the Secretary; (2) the Secretary’s

rights with respect to access to the Freedom Center for interpretive

and other purposes; and (3) the rights of the United States should

the Freedom Center be converted to uses contrary to the purposes

of this legislation.

Section 5 authorizes the Freedom Center to engage in any activities related to its objectives described in section 2(a), and directs

the Freedom Center to give priority to (1) construction of the Freedom Center facility, (2) development of programs and exhibits, and

(3) providing assistance to the National Park Service in the implementation of the National Underground Railroad Network to Freedom Act.

Section 6 describes the procedures to be used by the Freedom

Center in applying to the Secretary for financial assistance.

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Section 7 requires the Freedom Center to submit financial reports to Congress.

Section 8 amends section 4 of the National Underground Railroad Network to Freedom Act of 1998 (16 U.S.C. 469l et seq.) to

authorize the Secretary of the Interior to make grants for the preservation and restoration of historic buildings or structures associated with the Underground Railroad. The Secretary may also make

grants for related research and documentation of sites programs, or

facilities that have been included in the national network. The

measure authorizes the appropriation of $2,500,000 for such grants

in fiscal year 2001 and each subsequent fiscal year.

COST AND BUDGETARY CONSIDERATIONS

The following estimate of the cost of this measure has been provided by the Congressional Budget Office:

U.S. CONGRESS,

CONGRESSIONAL BUDGET OFFICE,

Washington, DC, September 25, 2000.

Hon. FRANK H. MURKOWSKI,

Chairman, Committee on Energy and Natural Resources,

U.S. Senate, 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 (for federal costs) and Marjorie 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 act 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 legislation contains no intergovernmental or private-sector

mandates as defined in the Unfunded Mandates Reform Act. State

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and local governments might incur some costs to match federal

funds authorized by H.R. 2919, but these costs would be voluntary.

On June 28, 2000, CBO submitted a cost estimate for H.R. 2919

as ordered reported by the House Committee on Resources on June

20, 2000. The two versions of this legislation are identical, as are

our cost estimates.

The CBO staff contacts are Deborah Reis (for federal costs) and

Marjorie Miller (for the state and local impact). This estimate was

approved by Peter H. Fontaine, 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. 2919. 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. 2919, as ordered reported.

EXECUTIVE COMMUNICATIONS

On June 6, 2000, the Committee on Energy and Natural Resources requested legislative reports from the Department of the

Interior and the Office of Management and Budget setting forth

Executive agency recommendations on S. 1617, a bill which is similar to H.R. 2919. These reports had not been received at the time

the report on H.R. 2919 was filed. When the reports become available, the Chairman will request that they be printed in the Congressional Record for the advice of the Senate. The testimony provided by the National Park Service at the Subcommittee hearing

follows:

STATEMENT OF DENIS P. GALVIN, DEPUTY DIRECTOR,

NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR

Mr. Chairman, thank you for the opportunity to present

the views of the Department of the Interior on S. 1617, to

promote preservation and public awareness of the history

of the Underground Railroad by providing financial assistance to the Freedom Center in Cincinnati, Ohio.

The Department opposes the enactment of S. 1617. Our

opposition to this legislation should not be interpreted as

a negative view of the Freedom Center. Indeed, the National Park Service is working in partnership with the

Center as part of our program to increase knowledge and

public understanding of historical events associated with

the Underground Railroad, and we hope to continue that

relationship in the future. Rather, our opposition is due to

our belief that it is inappropriate to use limited National

Park Service appropriations to fund construction projects

and operations for institutions that are not part of the National Park System.

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S. 1617 would authorize appropriations of $16 million

for Fiscal Year 2000 through Fiscal Year 2004 for assistance to the Freedom Center, subject to a non-Federal

match of 80 percent. Funds could be used for construction

of the Freedom Center facility and the development of programs and exhibits for the facility. In addition, S. 1617

would authorize the Secretary of the Interior to use employees of the National Park Service to carry out agreements between the Secretary and the Freedom Center for

construction, development and operation of the Center.

The Freedom Center developed from a proposal by the

Cincinnati chapter of the national Conference of Christians

and Jews (now called the National Conference for Community and Justice) and was incorporated as a non-profit organization in 1995. The idea for the Center was similar to

one of the recommendations of the 1995 special resource

study on the Underground Railroad the National Park

Service conducted pursuant to Title VI of Public Law 101–

628. That recommendation called for establishing a commemorative, interpretive, educational, and research center

for the Underground Railroad.

However, in the National Underground Railroad Network to Freedom Act of 1998 (Public Law 105–203), Congress noted that the Underground Railroad Advisory Committee had found that ‘‘no single site or route completely

reflects and characterizes the Underground Railroad since

its story and associated resources involve networks and regions of the country rather than individual sites and

trails’’. The Act established a program to support a range

of activities throughout the country to commemorate,

honor, and interpret the history of the Underground Railroad. Congress declined to act on the recommendation to

establish one primary site for that purpose.

As part of our implementation of the National Underground Railroad Network to Freedom Act, the National

Park Service has been working with the Freedom Center.

In July 1999, the National Park Service entered into a

memorandum of understanding with the Center for the

purpose of sharing information, developing educational

materials, and using the Center facilities.

However, the Freedom Center is only one of many organizations with whom we are working to preserve and interpret resources associated with the Underground Railroad. Most of the National Park Service’s efforts have involved providing technical assistance to States, local governments, non-profit organizations, community groups,

and individuals that are struggling to preserve the tangible remains of the history of the Underground Railroad

in their areas. The National Park Service’s authorized annual budget for the program of $500,000 enables us to respond to requests for technical assistance, but there is an

enormous demand for financial assistance for all aspects of

preserving and interpreting Underground Railroad resources that is far beyond our means and jurisdiction.

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Many of the requests we receive involve community efforts to document and preserve Underground Railroad

properties and to develop interpretive centers within them.

These communities typically have high hopes these sites

will generate tourism revenue that could be used to assist

in preservation and to rejuvenate their communities. Some

organizations have approached us about making their Underground Railroad sites units of the National Park System.

In these circumstances, providing funding through the

National Park Service for construction and operation to

the Freedom Center would likely lead to similar requests

from other groups that want to establish Underground

Railroad interpretive sites in their communities. It would

also undoubtedly strain the trust and relationships with

other organizations that the National Park Service has

worked hard to develop, and upon which the success of

this relatively modest Federal program depends.

Mr. Chairman, to emphasize again, our opposition to the

legislation is not a judgment about the Freedom Center.

The Department recently testified against two other bills

that authorized funding for two worthy institutions that

are not part of the National Park System—the Palace of

Governors in New Mexico and the Lincoln Interpretive

Center in Illinois. We opposed those bills, as we oppose

this one, because unless there were unexpected substantial

increases in funding for the National Park Service in coming years, funding for institutions that are not part of the

National Park System will compete directly with funding

that the NPS needs to manage units of the National Park

System. That includes funding for the long and costly list

of deferred construction projects in our national parks.

In addition, we have serious concerns about Section 4(f)

of S. 1617, which would authorize the Secretary to use National Park Service staff for the center. We believe it

would be unwise to allow National Park Service employees

to work for institutions that are not part of the National

Park System, and we believe such a provision would set a

troubling precedent.

Mr. Chairman, this concludes my statement. I would be

pleased to respond to questions from you or other committee members.

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 Act H.R.

2919, as ordered 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):

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Public Law 105–203

AN ACT To establish within the United States National Park Service the National

Underground Railroad Network to Freedom program, and for other purposes.

Be it enacted by the Senate and House of Representatives of the

United States of America in Congress assembled,

* * * * * * *

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 for the preservation and restoration of historic buildings or structures associated

with the Underground Railroad, and for related research and documentation to sites, programs, or facilities that have been included

in the national network.

(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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