[Senate Report 113-293]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 633
113th Congress                                                   Report
                                 SENATE
 2d Session                                                     113-293

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                 NEW PHILADELPHIA, ILLINOIS, STUDY ACT

                                _______
                                

               December 10, 2014.--Ordered to be printed

                                _______
                                

   Ms. Landrieu, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 1328]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 1328) to authorize the Secretary of the 
Interior to conduct a special resource study of the 
archeological site and surrounding land of the New Philadelphia 
town site in the State of Illinois, and for other purposes, 
having considered the same, reports favorably thereon without 
amendment and recommends that the bill do pass.

                                PURPOSE

    The purpose of S. 1328 is to authorize the Secretary of the 
Interior to conduct a special resource study of the 
archeological site and surrounding land of the New Philadelphia 
town site in the State of Illinois.

                          BACKGROUND AND NEED

    New Philadelphia, located near Barry, Illinois, was founded 
in 1836 by Frank McWhorter, and is the first known town 
established by an African American before the Civil War. Mr. 
McWhorter, an enslaved man, bought his freedom in 1819 and 
eventually the freedom of 15 family members by mining in 
Kentucky caves and processing the mined material into 
saltpeter. Once a thriving area, New Philadelphia fell into 
decline when the first railroad constructed in the area 
bypassed the town.
    The New Philadelphia Town Site was listed on the National 
Register of Historic Places in August 2005 and designated a 
National Historic Landmark in January 2009.
    Today, the area is covered by farmland. No original 
buildings of the town or the McWhorter farm or home are visible 
above ground. However, the high archeological integrity of the 
town site presents the opportunity to address nationally 
significant research questions regarding social relationships 
as seen through the landscape of the New Philadelphia Town 
site.
    Legislation is needed to authorize the Secretary of the 
Interior to conduct a special resource study to determine the 
suitability and feasibility of adding the New Philadelphia town 
site and the land surrounding it in Illinois, as a unit of the 
National Park System.

                          LEGISLATIVE HISTORY

    S. 1328 was introduced by Senators Kirk and Durbin on July 
18, 2013. The Subcommittee on National Parks held a hearing on 
the bill on July 31, 2013 (S. Hrg. 113-93). A similar bill, 
H.R. 930, was introduced by Representative Schock on February 
28, 2013. It is cosponsored by eight additional House members. 
The Public Lands and Environmental Regulation Subcommittee held 
a hearing on July 23, 2013, and reported the bill as amended on 
September 20, 2013 (H. Rep. 113-219). The House of 
Representatives passed the bill by voice vote on April 28, 
2014.
    S. 1328 is similar to S. 1902 which was introduced in the 
112th Congress by Senators Kirk and Durbin on November 17, 
2011.
    In the 111th Congress, the Subcommittee on National Parks 
held a hearing on a similar bill, S. 1629, on March 17, 2010 
(S. Hrg. 111-476). The Committee on Energy and Natural 
Resources considered the bill, and adopted amendments to it at 
its business meeting on June 16, 2010. The Committee ordered S. 
1629 favorably reported, as amended, at its business meeting on 
June 21, 2010 (S. Rept. 111-258).

                        COMMITTEE RECOMMENDATION

    The Senate Committee on Energy and Natural Resources, in 
open business session on November 13, 2014, by a voice vote of 
a quorum present, recommends that the Senate pass S. 1328.

                      SECTION-BY-SECTION ANALYSIS

    Section 1 provides the short title, the New Philadelphia, 
Illinois, Study Act.
    Section 2 contains findings about the history and 
significance of the site of New Philadelphia.
    Section 3 contains the definition of the terms 
``Secretary'' and ``Study Are''.
    Section 4 authorizes the Secretary of the Interior to 
conduct a special resource study of the site of New 
Philadelphia to include national significance; suitability and 
feasibility of designating the area as a unit of the National 
Park System; and considering other alternatives for 
preservation, protection and interpretation of the area 
including cost estimates. Subsection (d) requires the Secretary 
to submit a report of the study within three years after 
funding.

                   COST AND BUDGETARY CONSIDERATIONS

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office.

S. 1328--New Philadelphia, Illinois, Study Act

    S. 1328 would direct the Secretary of the Interior to 
conduct a study of the New Philadelphia archaeological site in 
Illinois to evaluate the national significance of the area and 
to determine the feasibility of designating the site as a unit 
of the National Park System. 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 $250,000 over the next three years. Enacting 
S. 1328 would not affect direct spending or revenues; 
therefore, pay-as-you-go procedures do not apply.
    S. 1328 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 August 22, 2013, CBO transmitted a cost estimate for 
H.R. 930 (an identically titled bill), as ordered reported by 
the House Committee on Natural Resources on July 31, 2013. H.R. 
930 and S. 1328 are similar, and the CBO cost estimates are the 
same.
    The CBO staff contact for this estimate is Susanne S. 
Mehlman. 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 S. 1328.
    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 S. 1328, as ordered reported.

                   CONGRESSIONALLY DIRECTED SPENDING

    S. 1328, 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 
July 31, 2013, Subcommittee on National Parks hearing on S. 
1328 follows:

     Statement of Stephanie Toothman, Associate Director, Cultural 
   Resources, Partnerships, and Science, National Park Service, U.S. 
                       Department of the Interior

    Mr. Chairman, thank you for the opportunity to appear 
before you to provide the Department of the Interior's views on 
S. 1328, a bill to authorize the Secretary of the Interior to 
conduct a special resource study of the archeological site, and 
surrounding land of the New Philadelphia town site in the State 
of Illinois, and for other purposes.
    The Department supports enactment of S. 1328. However, we 
believe that priority should be given to the 30 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 the 
Congress.
    S. 1328 authorizes a special resource study to evaluate the 
national significance of the New Philadelphia, Illinois town 
site and to determine the suitability and feasibility of 
designating the archaeological site and the surrounding land as 
a unit of the National Park System. The bill directs the 
Secretary, in the course of the resource study, to also 
consider other alternatives for the preservation, protection 
and interpretation of the archeological site of New 
Philadelphia, Illinois and the surrounding land by Federal, 
State or local government entities, private nonprofit 
organizations or any other interested individuals. We estimate 
the cost of the resource study to range from $200,000 to 
$300,000, based on similar types of studies conducted in recent 
years.
    The New Philadelphia town site, located near Barry, 
Illinois, was founded in 1836 by Frank McWhorter, an enslaved 
man from Kentucky, who bought his own freedom and the freedom 
of 15 family members. New Philadelphia is the first known town 
platted and officially registered by an African-American before 
the Civil War. The rural community situated near the 
Mississippi and Illinois Rivers flourished at first, but later 
fell into decline when the railroad bypassed the community in 
1869; it was eventually dissolved in 1885. The New Philadelphia 
town site is a 42-acre archeological site with no visible 
above-ground evidence. It was designated a National Historic 
Landmark on January 16, 2009.
    In 2012, the National Park Service completed a 
reconnaissance survey of the New Philadelphia town site. The 
survey found that the site is nationally significant and would 
likely meet the criteria for suitability to be added to the 
National Park System. The survey also found, however, that the 
New Philadelphia town site is not likely to be feasible for 
addition to the National Park System due to the challenges of 
providing for public enjoyment, including associated operation 
and staffing costs. However, a special resource study also 
would examine alternatives to National Park Service management 
for the preservation and interpretation of the New Philadelphia 
town site.
    Mr. Chairman, this concludes my prepared statement. I would 
be happy to answer any questions that you or other committee 
members may have regarding this bill.

                        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 S. 1328, as ordered 
reported.