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[House Report 111-267]
[From the U.S. Government Publishing Office]

111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    111-267

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  UNITED STATES CIVIL RIGHTS TRAIL SPECIAL RESOURCE STUDY ACT OF 2009

                                _______
                                

 September 29, 2009.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

  Mr. Rahall, from the Committee on Natural Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 685]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Natural Resources, to whom was referred the 
bill (H.R. 685) to require a study of the feasibility of 
establishing the United States Civil Rights Trail System, and 
for other purposes, having considered the same, reports 
favorably thereon with amendments and recommends that the bill 
as amended do pass.

  The amendments are as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``United States Civil Rights Trail 
Special Resource Study Act of 2009''.

SEC. 2. SPECIAL RESOURCE STUDY REGARDING PROPOSED UNITED STATES CIVIL 
                    RIGHTS TRAIL.

  (a) Study Required.--The Secretary of the Interior shall conduct a 
special resource study for the purpose of evaluating a range of 
alternatives for protecting and interpreting sites associated with the 
struggle for civil rights in the United States, including alternatives 
for potential addition of some or all of the sites to the National 
Trails System.
  (b) Consultation.--The Secretary shall conduct the special resource 
study in consultation with appropriate Federal, State, county, and 
local governmental entities.
  (c) Study Requirements.--The Secretary shall conduct the study 
required under subsection (a) in accordance with section 8(c) of Public 
Law 91-383 (16 U.S.C. 1a-5(c)) and section 5(b) of the National Trails 
System Act (16 U.S.C. 1244(b)), as appropriate.
  (d) Study Objectives.--In conducting the special resource study, the 
Secretary shall evaluate alternatives for achieving the following 
objectives:
          (1) Identifying the resources and historic themes associated 
        with the movement to secure racial equality in the United 
        States for African Americans that, focusing on the period from 
        1954 through 1968, challenged the practice of racial 
        segregation in the Nation and achieved equal rights for all 
        American citizens.
          (2) Making a review of existing studies and reports, such as 
        the Civil Rights Framework Study, to complement and not 
        duplicate other studies of the historical importance of the 
        civil rights movements that may be underway or undertaken.
          (3) Establishing connections with agencies, organizations, 
        and partnerships already engaged in the preservation and 
        interpretation of various trails and sites dealing with the 
        civil rights movement.
          (4) Protecting historically significant landscapes, 
        districts, sites, and structures.
          (5) Identifying alternatives for preservation and 
        interpretation of the sites by the National Park Service, other 
        Federal, State, or local governmental entities, or private and 
        nonprofit organizations, including the potential inclusion of 
        some or all of the sites in a National Civil Rights Trail.
          (6) Identifying cost estimates for any necessary acquisition, 
        development, interpretation, operation, and maintenance 
        associated with the alternatives developed under the special 
        resource study.
  (e) Report.--Not later than 3 years after the date on which funds are 
made available to carry out this section, the Secretary shall submit to 
the Committee on Natural Resources of the House of Representatives and 
the Committee on Energy and Natural Resources of the Senate a report 
containing the results of the study conducted under subsection (c) and 
any recommendations of the Secretary with respect to the route.

  Amend the title so as to read:

    A bill to require the Secretary of the Interior to conduct a 
special resource study regarding the proposed United States Civil 
Rights Trail, and for other purposes.

                          PURPOSE OF THE BILL

    The purpose of H.R. 685, as ordered reported, is to require 
the Secretary of the Interior to conduct a special resource 
study regarding a proposed United States Civil Rights Trail, 
and for other purposes.

                  BACKGROUND AND NEED FOR LEGISLATION

    There are a large number of sites, scattered across many 
states, associated with historic events of the civil rights 
movement in the United States. At least 49 of these sites have 
been nominated for listing on the National Register of Historic 
Places. Many are managed by state or local agencies and 
organizations committed to their preservation and 
interpretation.
    H.R. 685, as introduced, proposed a study of the 
feasibility of establishing a National Civil Rights Trail 
System to link sites like these with common signage, maps, and 
educational materials to improve public awareness and 
facilitate the study of their importance in United States 
history. The legislation originally envisioned the study being 
conducted by the Archivist of the United States, in 
consultation with the Secretaries of the Interior and 
Agriculture, in the same manner as those done under the 
National Trails System Act (16 U.S.C. 1241 et seq.) for 
National Historic Trails. The bill, as introduced, also 
mandated the Secretary of the Interior to establish and 
maintain at least one trail in each state where a significant 
civil rights event occurred and to establish at least six 
trails as soon as practical after enactment.

                            COMMITTEE ACTION

    H.R. 685 was introduced on January 26, 2009 by 
Representative William Lacy Clay (D-MO). The bill was referred 
to the Committee on Natural Resources, and within the Committee 
to the Subcommittee on National Parks, Forests and Public 
Lands.
    The Administration testified in support of the bill before 
the Subcommittee on National Parks, Forests, and Public Lands 
on July 8, 2009, but recommended that it be amended to require 
the study be a Special Resource Study completed by the National 
Park Service, consistent with similar studies in the past.
    On September 10, 2009, the Subcommittee was discharged from 
further consideration of H.R. 685 and the full Natural 
Resources Committee met to consider the bill. Subcommittee 
Chairman Grijalva (D-AZ) offered an amendment in the nature of 
a substitute which incorporates the Administration's 
recommendation, making the Secretary of the Interior 
responsible for completion of a Special Resource Study in lieu 
of a study by the Archivist, to eliminate the requirement for 
establishment of pilot trails, and to define the focus of the 
study as the struggle for racial equality for African Americans 
from approximately 1954 through 1968. The amendment was adopted 
by unanimous consent. The bill, as amended, was then ordered 
favorably reported to the House of Representatives by unanimous 
consent.

                      SECTION-BY-SECTION ANALYSIS

Section 1. Short title

    Section 1 provides that this Act may be cited as the 
``United States Civil Rights Trail Special Resource Study Act 
of 2009.''

Section 2. Special Resource Study regarding proposed United States 
        Civil Rights Trail

    Subsection (a) requires the Secretary of the Interior to 
complete a Special Resource Study to evaluate a range of 
alternatives for protecting and interpreting sites associated 
with the struggle for civil rights in the United States.
    Subsection (b) requires consultation with appropriate 
federal, state, county, and local entities in completing the 
study.
    Subsection (c) provides that the study be conducted in 
accordance with the guidelines set forth in the National Trails 
System Act and those applicable to potential new units of the 
National Park System.
    Subsection (d) lists the objectives of the study, including 
identifying resources and historic themes; reviewing relevant 
existing studies and reports; establishing connections with 
agencies and organizations already engaged with preservation of 
related sites; protecting historically significant landscapes, 
districts, sites, and structures; identifying alternatives for 
preservation and interpretation of sites; potential for 
inclusion of certain sites in a National Civil Rights Trail; 
and identifying cost estimates associated with these 
alternatives.
    Subsection (e) requires that a report with recommendations 
be provided to the appropriate committees of Congress within 
three years of funding being made available to conduct the 
study.

            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 Natural 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. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill, as ordered reported, is to require the 
Secretary of the Interior to conduct a special resource study 
regarding the proposed United States Civil Rights Trail, and 
for other purposes.
    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:

H.R. 685--United States Civil Rights Trail Special Resource Study Act 
        of 2009

    H.R. 685 would direct the Secretary of the Interior to 
conduct a special resource study to evaluate ways of protecting 
and interpreting sites related to the civil rights movement in 
the United States. 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 $500,000 over the next three years. Enacting 
the bill would not affect revenues or direct spending.
    The bill 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.
    The CBO staff contact for this estimate is Deborah Reis. 
The estimate was approved by Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                           EARMARK STATEMENT

    H.R. 685 does not contain any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9(d), 9(e) or 9(f) of rule XXI.

                PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

    This bill is not intended to preempt any State, local or 
tribal law.

                        CHANGES IN EXISTING LAW

    If enacted, this bill would make no changes in existing 
law.

                                  
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