[Senate Report 111-322]
[From the U.S. Government Publishing Office]
Calendar No. 608
111th Congress Report
SENATE
2d Session 111-322
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UNITED STATES CIVIL RIGHTS TRAIL SPECIAL RESOURCE STUDY ACT
_______
September 27, 2010.--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. 685]
The Committee on Energy and Natural Resources, to which was
referred the Act (H.R. 685) 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, having considered the same, reports favorably thereon
without amendment and recommends that the Act do pass.
PURPOSE
The purpose of H.R. 685 is to authorize the Secretary of
the Interior to conduct 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.
BACKGROUND AND NEED
There are numerous sites across the United States
associated with historic events of the civil rights movement of
the 1950s and 1960s, such as Sixteenth Street Baptist Church in
Birmingham, Alabama, Tougaloo College in Mississippi, and the
F.W. Woolworth Building in Greensboro, North Carolina.
Approximately 50 of these sites, located in 20 different
states, have been nominated for listing in 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 would authorize a special resource
study that would assess the sites' importance and value to the
nation's history.
H.R. 685 would also provide Congress with recommendations
for the creation of a National Civil Rights Trail System,
composed of civil rights movement sites. A National Civil
Rights Trail System would link sites with common signage, maps,
and educational materials; improve public awareness; and
facilitate the study of their importance in history.
LEGISLATIVE HISTORY
H.R. 685, introduced by Representative Clay, passed the
House of Representatives by a voice vote on September 29, 2009.
Companion legislation, S. 1802, was introduced by Senator
Burris on October 20, 2009. The Subcommittee on National Parks
held a hearing on both bills on May 19, 2010. At its business
meeting on July 21, 2010, the Committee on Energy and Natural
Resources Committee ordered H.R. 685 favorably reported without
amendment.
COMMITTEE RECOMMENDATION
The Committee on Energy and Natural Resources, in open
business session on July 21, 2010, by a voice vote of a quorum
present, recommends that the Senate pass H.R. 685.
SECTION-BY-SECTION ANALYSIS
Section 1 contains the short title, the ``United States
Civil Rights Trail Special Resource Study Act of 2009''.
Section 2(a) directs the Secretary of the Interior
(Secretary) to conduct a study to identify and evaluate sites
associated with the struggle for civil rights to determine the
suitability and feasibility of protecting and interpreting the
sites, including alternatives for potential addition of some or
all of the sites to the National Trail System.
Subsection (b) directs the Secretary to conduct the study
in consultation with appropriate Federal, State, or local
government entities.
Subsection (c) directs the study to be conducted in
accordance with section 8 of Public Law 91-383, which sets
forth requirements for National Park Service studies.
Subsection (d) directs the Secretary to utilize existing
studies and agencies, organizations, and partnerships already
interpreting and preserving various areas associated with the
civil rights movement, focusing on 1954 through 1968, in
conducting the study to identify sites for potential inclusion
in a National Civil Rights Trail. This subsection also directs
the Secretary to consider alternatives for preservation and
interpretation of the sites by Federal, State, or local
government entities or any other interested individuals, and to
identify the costs estimates associated with the range of
alternatives.
Subsection (e) requires the Secretary to submit the study
and any recommendations to the House and Senate authorizing
committees no later than 3 years after the date funds are made
available.
COST AND BUDGETARY CONSIDERATIONS
The following estimate of costs of this measure has been
provided by 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 legislation would not affect revenues or direct spending;
therefore pay-as-you-go procedures do not apply.
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.
On September 23, 2009, CBO transmitted a cost estimate for
H.R. 685 as ordered reported by the House Committee on Natural
Resources on September 10, 2009. The two versions of
legislation are similar, and CBO estimates their costs would be
the same.
The CBO staff contact for this estimate is Deborah Reis.
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 H.R. 685.
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. 685.
CONGRESSIONALLY DIRECTED SPENDING
H.R. 685, as ordered 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 Department of the Interior on
H.R. 685 at the May 19, 2010, National Parks Subcommittee
hearing follows:
Statement of Stephen E. Whitesell, Associate Director, Park Planning,
Facilities, and Lands, National Park Service, Department of the
Interior
Mr. Chairman and members of the subcommittee, thank you for
the opportunity to appear before you today to present the
Department of the Interior's views on S. 1802 and H.R. 685,
legislation to require a study of the feasibility of
establishing the United States Civil Rights Trail System.
The Department supports S. 1802 as introduced, and H.R. 685
as passed by the House, which are substantially identical.
However, we feel that priority should be given to the 45
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 Congress.
S. 1802 and H.R. 685 authorize the Secretary of the
Interior to conduct a special resource study in order to
evaluate a range of alternatives for protecting and
interpreting the sites associated with the movement to secure
racial equality for African-Americans in the United States in
the 1950s and 1960s, including alternatives for potential
additions to the National Trails System. We estimate that the
cost of this study will range from $500,000 to $750,000, given
the large number of sites across multiple states which must be
included in the study.
The struggle for civil rights has been a hallmark in the
development of the United States from its earliest fight for
independence from Great Britain during the 1770s and 1780s
through the passage of the landmark 1964 Civil Rights Act
guaranteeing all Americans the right to vote and prohibiting
discrimination based on race, color, religion, sex, or national
origin. The movement leading up to the passage of the Act was
filled with violent confrontations that challenged the very
foundation of our country, yet it also represented the highest
aspirations of its citizens.
The Civil Rights Act of 1964 was the most comprehensive
civil rights legislation in the history of the United States
and its provisions serve as major themes of the civil rights
story both before and after the Act's passage. The Department
recognizes that events, places, and individuals important in
the civil rights story should be celebrated and commemorated in
a way that helps the public understand and appreciate the
significance of the era. Many civil rights-related sites have
been identified and are currently recognized within the
National Park System, the National Trails System, and as
National Historic Landmarks, such as those commemorating the
life of Martin Luther King, Jr. and well-known events such as
the desegregation of Little Rock Central High School and the
1965 Selma-to-Montgomery Voting Rights March.
In 1999, Congress authorized the Secretary to conduct a
theme study related to civil rights sites on a multi-state
level. The National Park Service, in partnership with the
Organization of American Historians, prepared the civil rights
framework study to assist the National Park Service in
identifying and prioritizing those areas of history significant
in illustrating the civil rights story. The study, Civil Rights
In America: A Framework for Identifying Significant Sites, was
transmitted to Congress on June 2, 2009.
The study identified broad themes within the civil rights
story, as well as the events, persons, and places that
represent those themes, and assessed the degree to which
related sites are represented and recognized. These themes
include equal education, public accommodation, voting, housing,
equal employment, criminal injustice, immigrant rights, and
American Indian civil rights. The study did not assess the
feasibility or suitability of inclusion of particular sites
into the National Trails System, the National Park System, or
as National Historic Landmarks. S. 1802 and H.R. 685 would
allow the National Park Service to assess sites specifically
associated with the struggle for African-American racial
equality from 1954-1968, which touches on most, but not all, of
these broad themes.
The study also recommended that the National Park Service
complete four National Historic Landmark theme studies to
recognize, promote, and protect civil rights-related sites and
their relationship to the civil rights story's chronology,
historic themes, and how various minorities are represented.
National Historic Landmark theme studies are an effective way
of assessing whether or not places are nationally significant
in American history. They provide a historic context within
which to evaluate properties, and identify places that should
be studied for national designation.
S. 1802 and H.R. 685 both provide for the proposed study to
build upon this and other existing studies and reports. If
enacted, this legislation can serve as a keystone piece in the
ongoing work of understanding the issues, preserving the place,
and telling the stories of the struggle to ensure civil rights
for all Americans.
Mr. Chairman, this concludes my testimony. I would be glad
to answer any questions that you or other members of the
subcommittee may have.
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 the Act H.R. 685, as
ordered reported.