69–010 

Calendar No. 672 

110TH CONGRESS REPORT " ! SENATE 2d Session 110–320 

NATIONAL UNDERGROUND RAILROAD NETWORK TO 

FREEDOM AMENDMENTS ACT OF 2007 

APRIL 10, 2008.—Ordered to be printed 

Mr. BINGAMAN, from the Committee on Energy and Natural 

Resources, submitted the following 

R E P O R T 

[To accompany H.R. 1239] 

The Committee on Energy and Natural Resources, to which was 

referred the Act (H.R. 1239) to amend the National Underground 

Railroad Network to Freedom Act of 1998 to authorize additional 

funding to carry out the Act, and for other purposes, having considered the same, reports favorably thereon without amendment and 

recommends that the Act do pass. 

PURPOSE

The purpose of H.R. 1239 is to increase the authorization ceiling 

for the operation of the National Underground Network to Freedom 

program, and to reduce the authorization for the Underground 

Railroad grant program. 

BACKGROUND AND NEED

The National Underground Network to Freedom program was 

authorized by Congress in 1998 (Public Law 105–203) to coordinate 

and facilitate Federal and non-Federal activities to commemorate, 

honor, and interpret the history of the Underground Railroad. The 

law authorizes the Secretary of the Interior to produce and disseminate educational materials, enter into agreements to provide 

technical assistance to a variety of public and private entities in 

the United States, Mexico, Canada, and the Caribbean, and to create a symbol for the network. The network was to include both 

units and programs within the National Park Service and other entities outside the Service that had a verifiable connection to the 

Underground Railroad story. 


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Since the program was established, 328 sites, programs, and facilities in 30 States and the District of Columbia have been included in the Network to Freedom. Through this program, the National Park Service coordinates preservation and education efforts 

nationwide, integrating local historical sites, museums, and interpretive programs into a mosaic of community, regional, and national stories of the Underground Railroad. 

H.R. 1239 would increase the authorization for operating the program from its current annual level of $500,000 to $2 million, and 

reduce the authorization for related grant programs from $2.5 million annually to $500,000. 

LEGISLATIVE HISTORY

H.R. 1239, sponsored by Congressman Hastings, passed the 

House of Representatives by a voice vote on July 23, 2007. S. 1709 

was introduced by Senators Biden and others on June 27, 2007. 

The Subcommittee on National Parks held a hearing on both bills 

on September 27, 2007. (S. Hrg. 110–266.) 

At its business meeting on January 30, 2008, the Committee on 

Energy and Natural Resources ordered H.R. 1239 favorably reported, without amendment. 

COMMITTEE RECOMMENDATION

The Committee on Energy and Natural Resources, in open business session on January 30, 2008, by a voice vote of a quorum 

present, recommends that the Senate pass H.R. 1239. 

SECTION-BY-SECTION ANALYSIS

Section 1 contains the short title, the ‘‘National Underground 

Railroad Network to Freedom Amendments Act of 2007.’’

Section 2 amends Public Law 105–203 (16 U.S.C. 469l et seq.) to 

authorize $2 million annually for the National Underground Railroad Network to Freedom program, authorized in section 3 of that 

law. The section authorizes $500,000 annually for the grant program authorized in section 4 of that Act, a reduction from the current $2.5 million annual authorization. 

COST AND BUDGETARY CONSIDERATIONS

The following estimate of costs of this measure has been provided 

by the Congressional Budget Office: 

H.R. 1239—National Underground Railroad Network to Freedom 

Amendments Act of 2007 

Summary: H.R. 1239 would authorize the appropriation of $2.5 

million a year to carry out activities of the National Underground 

Railroad Network to Freedom, a program administered by the National Park Service (NPS) that is dedicated to the preservation, interpretation, and dissemination of Underground Railroad history. 

Under the legislation, $2 million of the amounts authorized for 

each year would be spent on NPS projects and $0.5 million would 

be provided to nonfederal entities for historic preservation of eligible sites. 


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Assuming appropriation of the authorized amount, CBO estimates that implementing H.R. 1239 would cost between $2 million 

and $3 million annually over the 2009–2013 period. Enacting the 

legislation would have no effect on direct spending or revenues. 

H.R. 1239 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA) 

and would impose no costs on state, local, or tribal governments. 

Estimated cost to the Federal Government: The estimated budgetary impact of H.R. 1239 is shown in the following table. The costs 

of this legislation fall within budget function 300 (natural resources 

and environment). 

By fiscal year, in millions of dollars— 

2009 2010 2011 2012 2013 

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 

Authorization Level .................................................................................................. 3 3 3 3 3 

Estimated Outlays ................................................................................................... 2 3 3 3 3 

Basis of estimate: For this estimate, CBO assumes that the legislation will be enacted before the start of fiscal year 2009 and that 

the authorized amount will be appropriated for each year. 

The Network to Freedom encompasses over 250 programs, sites, 

and partners in 27 states and the District of Columbia. H.R. 1239 

would amend the National Underground Railroad Network to Freedom Act to authorize the appropriation of $2.5 million per year to 

carry out activities under the program. For fiscal year 2008, NPS 

received an appropriation of about $1 million for those activities. 

Intergovernmental and private-sector impact: H.R. 1239 contains 

no intergovernmental or private-sector mandates as defined in 

UMRA and would impose no costs on state, local, or tribal governments. 

Previous CBO estimate: On July 18, 2007, CBO transmitted a 

cost estimate for H.R. 1239 as ordered reported by the House Committee on Natural Resources on June 28, 2007. The two pieces of 

legislation are identical, and the cost estimates are the same. 

Estimate prepared by: Federal costs: Matthew Pickford; Impact 

on state, local, and tribal governments: Melissa Merrell; Impact on 

the private sector: Amy Petz. 

Estimate 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 

H.R. 1239. 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 H.R. 1239, as ordered reported. 


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CONGRESSIONALLY DIRECTED SPENDING

H.R. 1239, 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 September 27, 2007 Subcommittee hearing on H.R. 1239 follows: 

STATEMENT OF DANIEL N. WENK, DEPUTY DIRECTOR, NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR

Mr. Chairman, thank you for the opportunity to appear 

before your committee to present the views of the Department of the Interior on S. 1709 and H.R. 1239, bills to 

amend the National Underground Railroad Network to 

Freedom Act of 1998. Both bills would adjust the authorized funding levels for the National Underground Railroad 

Network to Freedom program and for the associated grant 

program. S. 1709 would also require a minimum number 

of staff for the program. 

The Department supports enactment of H.R. 1239 as 

passed by the House. We support increasing the authorization ceiling for operation of the National Underground 

Railroad Network to Freedom program and decreasing the 

authorization for the associated grant program, as both 

H.R. 1239 and S. 1709 would do. However, we object to requiring a minimum number of staff for the program, as S. 

1709 would do. That provision was also included H.R. 1239 

as introduced, but H.R. 1239 was amended to remove that 

provision before it was passed by the House. 

The Network to Freedom program was authorized by 

Congress in 1998 through Public Law 105–203 to coordinate and facilitate Federal and non-Federal activities to 

commemorate, honor, and interpret the history of the Underground Railroad—the story of extraordinary actions of 

ordinary men and women working in common purpose to 

free a people. The law calls for producing and disseminating educational materials, entering into agreements to 

provide technical assistance to a variety of public and private entities in the United States, Mexico, Canada, and 

the Caribbean, and creating a symbol for the network. The 

network was to include both units and programs within 

the National Park Service and other entities outside the 

Service that had a verifiable connection to the Underground Railroad story. 

Since the program was established, 328 sites, programs, 

and facilities in 30 States and the District of Columbia 

have been included in the Network to Freedom. Through 

this program, which is national in scope but managed from 

the Midwest Regional Office, the National Park Service coordinates preservation and education efforts nationwide, 

integrating local historical sites, museums, and interpretive programs into a mosaic of community, regional, and 

national stories of the Underground Railroad. 


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In 2000, Congress authorized the Underground Railroad 

matching grants program through Public Law 106–291 to 

provide support for preservation of buildings and other 

structures and related research to members of the network. Funds for these matching grants have been appropriated three times—$250,000 in Fiscal 2002; $295,800 in 

Fiscal 2005, and $375,000 in Fiscal 2006. In total, 52 

grants have been awarded for projects. Several projects involved stabilizing and preserving historic buildings, such 

as Eleutherian College in Indiana, Constitution Hall in Topeka, Kansas, Mayhew Cabin in Nebraska, and the 

Oswego School District Public Library in New York. Other 

projects focused on expanding research in support of site 

interpretation, such as the archeological survey at John 

Rankin House in Ohio, or education, such as the ‘‘Discovering New Bedford’s Underground Railroad History’’ program in Massachusetts, a cooperative project among three 

local partners. 

Through its establishment, the Network to Freedom has 

brought traditional National Park Service strengths in 

preservation, interpretation, and planning to new communities. The program carries the message about the cultural 

and historic aspect of national parks directly to communities of color and opens the door for public participation 

in the expansion and design of the program at a grassroots 

level. The program has become an essential part of our ongoing effort to enhance diversity in our parks and programs. 

The Network to Freedom’s work with outside partners 

led to the establishment of Friends of the Network to Freedom in 2006. The Friends group will work to raise funds 

to support cooperative projects, but the funding will not 

substitute for regular operations funding. 

H.R. 1239 and S. 1709 would increase the authorization 

ceiling for operating the Network to Freedom program 

from $500,000 annually, the amount that was set in the 

1998 law, to $2 million. Along with increasing the funding 

level, S. 1709 would require the Secretary to appoint at 

least eight full-time equivalent staff to carry out the program. In addition, both bills would reduce the authorization ceiling for the Underground Railroad grant program 

from $2.5 million annually, the amount set in the 2000 

law, to $500,000. 

When the Network to Freedom program was first authorized, it appeared that $500,000 annually would be sufficient to operate the program. However, with the addition 

of the grant program, the growth of the network to more 

than 300 members, and nine years worth of increases in 

pay and other fixed costs, the program could justify more 

than $500,000 a year in subsequent budget requests. NPS 

is spending $487,000 in FY 2007. An authorization ceiling 

of $2 million would enable the Administration to request, 

and Congress to appropriate, additional funding for this 

program, subject to overall NPS priorities and the availability of funds. 


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For the grant program, we believe it is appropriate to re- duce the authorization ceiling from $2.5 million annually 

to $500,000. In the seven years of its existence, Congress 

has not appropriated any amount larger than $375,000 for 

grants. With the amounts provided, program staff has 

been able to provide grants to nearly all network members 

who have sought them and who have also been able to 

raise the necessary matching funds. 

S. 1709 would require NPS to increase the staff of Network to Freedom program from six to eight. We do not believe it is appropriate to establish a minimum staffing requirement in law. The National Park Service needs to 

have the flexibility to determine appropriate staffing based 

on program needs and available funds. Establishing a minimum number of staff in law could hinder efforts to 

achieve management efficiencies. If the committee acts on 

S. 1709, we recommend striking Section 2, as was done in 

the House-passed version of H.R. 1239. 

In addition, we do not support providing for funds appropriated pursuant to this authorization to remain available 

until expended for operations funding, as S. 1709 would 

do. Allowing such funding to be available until expended 

would establish budgetary treatment for this program that 

is different from all other operations funding in the National Park Service. We do support allowing funding for 

grants to be available until expended, as S. 1709 would 

also do. If the committee acts on S. 1709, we recommend 

amending Section 3 to make this distinction. H.R. 1239, as 

passed by the House, does not provide for funding to be 

available until expended for either type of spending. 

Mr. Chairman, that concludes my testimony and I am 

prepared to answer any questions that you or other members of the committee might have at this time. 

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. 

1239, 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): 

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 

Approved July 21, 1998 

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

United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘National Underground Railroad 

Network to Freedom Act of 1998’’. 

* * * * * * * 


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SEC. 3. NATIONAL UNDERGROUND RAILROAD NETWORK TO FREEDOM 

PROGRAM. 

(a) IN GENERAL.—The Secretary of the Interior (in this Act referred to as the ‘‘Secretary’’) shall establish in the National Park 

Service a program to be known as the ‘‘National Underground Railroad Network to Freedom’’ (in this Act referred to as the ‘‘national 

network’’). Under the program, the Secretary shall—

(1) produce and disseminate appropriate educational materials, such as handbooks, maps, interpretive guides, or electronic information; 

(2) enter into appropriate cooperative agreements and memoranda of understanding to provide technical assistance under 

subsection (c); and 

(3) create and adopt an official, uniform symbol or device for 

the national network and issue regulations for its use. 

(b) ELEMENTS.—The national network shall encompass the following elements: 

(1) All units and programs of the National Park Service determined by the Secretary to pertain to the Underground Railroad. 

(2) Other Federal, State, local, and privately owned properties pertaining to the Underground Railroad that have a 

verifiable connection to the Underground Railroad and that are 

included on, or determined by the Secretary to be eligible for 

inclusion on, the National Register of Historic Places. 

(3) Other governmental and nongovernmental facilities and 

programs of an educational, research, or interpretive nature 

that are directly related to the Underground Railroad. 

(c) COOPERATIVE AGREEMENTS AND MEMORANDA OF UNDERSTANDING.—To achieve the purposes of this Act and to ensure effective coordination of the Federal and non-Federal elements of the 

national network referred to in subsection (b) with National Park 

Service units and programs, the Secretary may enter into cooperative agreements and memoranda of understanding with, and provide technical assistance to—

(1) the heads of other Federal agencies, States, localities, regional governmental bodies, and private entities; and 

(2) in cooperation with the Secretary of State, the governments of Canada, Mexico, and any appropriate country in the 

Caribbean. 

ø(d) APPROPRIATIONS.—There are authorized to be appropriated 

to carry out this Act not more than $500,000 for each fiscal year. 

No amounts may be appropriated for the purposes of this Act except to the Secretary for carrying out the responsibilities of the 

Secretary as set forth in section 3(a).¿ 

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—


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(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. 

ø(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.¿ 

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.* 

(a) AMOUNTS.—There are authorized to be appropriated to carry 

out this Act $2,500,000 for each fiscal year, to be allocated as follows: 

(1) $2,000,000 is to be used for the purposes of section 3. 

(2) $500,000 is to be used for the purposes of section 4. 

(b) RESTRICTIONS.—No amounts may be appropriated for the purposes of this Act except to the Secretary for carrying out the responsibilities of the Secretary as set forth in this Act. 

* Note: The changes in law take effect at the beginning of the fiscal year immediately following the date of enactment of this Act. 

Æ 


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