[Senate Report 113-293] [From the U.S. Government Publishing Office] Calendar No. 633 113th Congress Report SENATE 2d Session 113-293 ====================================================================== 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.