[Senate Report 115-370]
[From the U.S. Government Publishing Office]
Calendar No. 657
115th Congress } { Report
SENATE
2d Session } { 115-370
======================================================================
MEDGAR AND MYRLIE EVERS HOME NATIONAL MONUMENT ACT
_______
November 15, 2018.--Ordered to be printed
_______
Ms. Murkowski, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany H.R. 4895]
[Including cost estimate of the Congressional Budget Office]
The Committee on Energy and Natural Resources, to which was
referred the bill (H.R. 4895) to establish the Medgar Evers
Home National Monument in the State of Mississippi, and for
other purposes, having considered the same, reports favorably
thereon with an amendment in the nature of a substitute and an
amendment to the title and recommends that the bill, as
amended, do pass.
The amendments are as follows:
1. Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medgar and Myrlie Evers Home
National Monument Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) College.--The term ``College'' means Tougaloo College, a
private educational institution located in Tougaloo,
Mississippi.
(2) Historic District.--The term ``Historic District'' means
the Medgar Evers Historic District, as included on the National
Register of Historic Places, and as generally depicted on the
Map.
(3) Map.--The term ``Map'' means the map entitled ``Medgar
and Myrlie Evers Home National Monument'', numbered 515/142561,
and dated September 2018.
(4) Monument.--The term ``Monument'' means the Medgar and
Myrlie Evers Home National Monument established by section 3.
(5) Secretary.--The term ``Secretary'' means the Secretary of
the Interior, acting through the Director of the National Park
Service.
SEC. 3. ESTABLISHMENT OF MEDGAR AND MYRLIE EVERS HOME NATIONAL
MONUMENT.
(a) Establishment.--
(1) In general.--Subject to paragraph (2), there is
established the Medgar and Myrlie Evers Home National Monument
in the State of Mississippi as a unit of the National Park
System to preserve, protect, and interpret for the benefit of
present and future generations resources associated with the
pivotal roles of Medgar and Myrlie Evers in the American Civil
Rights Movement.
(2) Determination by the secretary.--The Monument shall not
be established until the date on which the Secretary determines
that a sufficient quantity of land or interests in land has
been acquired to constitute a manageable park unit.
(b) Boundaries.--The boundaries of the Monument shall be the
boundaries generally depicted on the Map.
(c) Availability of Map.--The Map shall be on file and available
for public inspection in the appropriate offices of the National Park
Service.
(d) Acquisition Authority.--The Secretary may only acquire any land
or interest in land located within the boundary of the Monument by--
(1) donation;
(2) purchase from a willing seller with donated or
appropriated funds; or
(3) exchange.
(e) Administration.--
(1) In general.--The Secretary shall administer the Monument
in accordance with--
(A) this Act; and
(B) the laws generally applicable to units of the
National Park System, including--
(i) section 100101(a), chapter 1003, and
sections 100751(a), 100752, 100753, and 102101
of title 54, United States Code; and
(ii) chapter 3201 of title 54, United States
Code.
(2) Management plan.--
(A) In general.--Not later than 3 years after the
date on which funds are first made available to the
Secretary for this purpose, the Secretary shall prepare
a general management plan for the Monument in
accordance with section 100502 of title 54, United
States Code.
(B) Submission.--On completion of the general
management plan under subparagraph (A), the Secretary
shall submit it to the Committee on Natural Resources
of the House of Representatives and the Committee on
Energy and Natural Resources of the Senate.
(f) Agreements.--
(1) Monument.--The Secretary--
(A) shall seek to enter into an agreement with the
College to provide interpretive and educational
services relating to the Monument; and
(B) may enter into agreements with the College and
other entities for the purposes of carrying out this
Act.
(2) Historic district.--The Secretary may enter into
agreements with the owner of a nationally significant property
within the Historic District, to identify, mark, interpret, and
provide technical assistance with respect to the preservation
and interpretation of the property.
(g) No Buffer Zones.--
(1) In general.--Nothing in this Act, the establishment of
the Monument, or the management of the Monument creates a
buffer zone outside of the Monument.
(2) Activity or use outside monument.--The fact that an
activity or use can be seen, heard, or detected from within the
Monument shall not preclude the conduct of the activity or use
outside of the Monument.
2. Amend the title so as to read: ``An Act to establish the
Medgar and Myrlie Evers Home National Monument in the State of
Mississippi, and for other purposes.''.
PURPOSE
The purpose of H.R. 4895, as ordered reported, is to
establish the Medgar and Myrlie Evers Home National Monument
(Monument) in the State of Mississippi.
BACKGROUND AND NEED
Born July 2, 1925, in Decatur, Mississippi, Medgar Evers
was an impassioned activist, orator, and visionary of the Civil
Rights Movement. Growing up in the Jim Crow South during the
Great Depression, Evers attended a segregated school until he
was a sophomore, at which point he enlisted in the United
States Army during World War II and served in Normandy.
Segregation in the military during his tour of duty cemented
Evers' conviction to fight for change. He returned to school
upon completion of his service, finished his high school
degree, and then earned a college degree in business
administration at Alcorn A&M College in Mississippi.
Following graduation, Evers joined and became increasingly
involved in the National Association for the Advancement of
Colored People (NAACP). In 1954, he became the first African
American to seek admission to the University of Mississippi
School of Law, and, represented by Thurgood Marshall, sued the
law school for denying him admission because of his race.
Although his lawsuit was unsuccessful, NAACP officials were
impressed by Evers' leadership potential, and he was officially
appointed as Mississippi's first NAACP state field secretary in
December 1954, a time of widespread racial violence against
African Americans.
As field secretary, Evers organized sit-ins for equal
access to public accommodations and mounted major voter
registration campaigns. His efforts to garner equal rights for
African Americans in Mississippi incurred the wrath of white
supremacists, and Evers was murdered on June 12, 1963, as he
walked from his car to his house that evening. It took 31 years
for Evers' killer to be brought to justice. In the years that
followed, Mississippi changed a great deal. Evers' murder
helped galvanize the nation to push for equality and justice,
as evidenced by the thousands who marched in the streets during
his funeral procession shouting: ``After Medgar, No More
Fear.''
Following his death, Mr. Evers' wife, Myrlie, continued his
fight for racial equality and justice. Myrlie Evers was one of
the first African-American women to run for Congress, and was
the Director for Community Affairs at the Atlantic Richfield
Company during the 1970s. Like her late husband, she worked
tirelessly on behalf of the NAACP, eventually being elected to
the position of chairperson in 1995.
H.R. 4895 recognizes the Evers' contributions and
sacrifices to racial equality and justice by establishing the
Monument in Mississippi to preserve, protect, and interpret the
Evers' pivotal role in the American Civil Rights Movement for
present and future generations.
LEGISLATIVE HISTORY
Representative Bennie Thompson introduced H.R. 4895 in the
House of Representatives on January 29, 2018. The Committee on
Natural Resources reported H.R. 4895 on April 11, 2018 (H.
Rept. 115-632), and the measure passed the House of
Representatives by voice vote on May 15, 2018.
Senators Wicker, Hyde-Smith, and Jones introduced companion
legislation, S. 2889, on May 21, 2018.
The Subcommittee on National Parks held a hearing on H.R.
4895 and S. 2889 on August 15, 2018.
The Committee on Energy and Natural Resources met in open
business session on October 2, 2018, and ordered H.R. 4895
favorably reported, as amended.
COMMITTEE RECOMMENDATION
The Senate Committee on Energy and Natural Resources, in
open business session on October 2, 2018, by a majority voice
vote of a quorum present recommends that the Senate pass H.R.
4895, if amended as described herein.
COMMITTEE AMENDMENTS
During its consideration of H.R. 4895, the Committee
adopted a joint staff amendment in the nature of a substitute.
The substitute amendment makes a number of changes, including
updating and alphabetizing definitions; modifying the
Monument's name to include Myrlie Evers; standardizing the
determination and acquisition authority; and clarifying that
the National Park Service and Tougaloo College may enter into
agreements to provide educational and interpretive services.
The Committee also adopted an amendment to the title to reflect
the Monument's revised name.
SECTION-BY-SECTION ANALYSIS
Section 1. Short title
Section 1 contains the short title.
Section 2. Definitions
Section 2 contains key definitions.
Section 3. Establishment of Medgar and Myrlie Evers Home National
Monument
Subsection (a) establishes the Medgar and Myrlie Evers Home
National Monument in the State of Mississippi as a unit of the
National Park System to preserve, protect, and interpret for
the benefit of present and future generations resources
associated with the pivotal roles of Medgar and Myrlie Evers in
the American Civil Rights Movement. This subsection specifies
that the Monument shall not be established until the Secretary
determines that a sufficient quantity of land or interests in
land have been acquired to constitute a manageable park unit.
Subsection (b) notes that the boundaries of the Monument
shall be as generally depicted on the map entitled, ``Medgar
and Myrlie Evers Home National Monument,'' numbered 515/142561,
and dated September 2018.
Subsection (c) provides that the map shall be on file and
available for public inspection.
Subsection (d) authorizes the Secretary to acquire any land
or interest in land located within the Monument's boundary by
donation, purchase from a willing seller with donated or
appropriated funds, or exchange.
Subsection (e) requires the Secretary of the Interior to
administer the Monument in accordance with this Act and all
laws generally applicable to the National Park System. This
subsection also directs the Secretary to prepare a general
management plan for the Monument not later than three years
after the date on which funds are first made available. Upon
completion, the Secretary is required to submit the general
management plan to the House Natural Resources Committee and
the Senate Energy and Natural Resources Committee.
Subsection (f) directs the Secretary to seek to enter into
an agreement with Tougaloo College, a private educational
institution in Tougaloo, Mississippi, to provide interpretive
and educational services relating to the Monument. The
Secretary is also authorized to enter into agreements with
Tougaloo College and other entities for the purposes of
carrying out the Act. The Secretary is further authorized to
enter into agreements with the owner of a nationally
significant historic property within the Medgar Evers Historic
District to identify, mark, interpret, and provide technical
assistance regarding the preservation and interpretation of the
property.
Subsection (g) clarifies that nothing in this Act, the
establishment of the Monument, or the management of the
Monument creates a buffer zone outside of the Monument. This
subsection further makes clear that an activity which can be
seen, heard, or detected from within the Monument shall not
preclude the conduct of the activity or use outside of the
Monument.
COST AND BUDGETARY CONSIDERATIONS
The following estimate of the costs of this measure has
been provided by the Congressional Budget Office:
H.R. 4895 would establish the Medgar Evers Home National
Monument in Jackson, Mississippi. Under the bill, the site
would become a unit of the National Park System and would be
owned and operated by the National Park Service (NPS). The bill
would direct the NPS to acquire the Medgar Evers home by means
of donation from Tougaloo College. Based on the expected date
of that donation and the experience of other system units, CBO
expects the monument would not be formally established for
several years.
Using information from the NPS on the costs for operating
new system units, CBO estimates that the agency would incur
about $200,000 annually in administrative costs in its initial
years. The bill also would require the NPS to develop a general
management plan for the monument. Based on the costs of similar
tasks, CBO estimates that developing the plan would cost less
than $500,000. In total, CBO estimates that implementing H.R.
4895 would cost about $1 million over the 2018-2022 period;
such spending would be subject to the availability of
appropriated funds.
Enacting H.R. 4895 would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply.
CBO estimates that enacting H.R. 4895 would not increase
net direct spending or onbudget deficits in any of the four
consecutive 10-year periods beginning in 2028.
H.R. 4895 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act.
The CBO staff contact for this estimate is Janani
Shankaran. The estimate was approved by H. Samuel Papenfuss,
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. 4895. 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. 4895, as ordered reported.
CONGRESSIONALLY DIRECTED SPENDING
H.R. 4895, 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 at
the August 15, 2018, hearing on H.R. 4895 and S. 2889,
companion legislation to H.R. 4895, follows:
Statement of P. Daniel Smith, Deputy Director, Exercising the Authority
of the Director, National Park Service, U.S. Department of the Interior
Mr. Chairman, thank you for the opportunity to provide the
Department of the Interior's views on H.R. 4895 and S. 2889,
bills to establish the Medgar Evers Home National Monument in
the State of Mississippi, and for other purposes.
The Department supports enactment of H.R. 4895 and S. 2889
with amendments described later in this statement. As a
nationally significant civil rights site, where the owner has
indicated a desire to donate the property for inclusion in the
National Park System, the Medgar Evers Home represents an
exceptional opportunity to preserve and interpret for future
generations one of the most crucial stories of the African
American civil rights movement of the mid-20th Century.
H.R. 4895 and S. 2889 would authorize the Secretary of the
Interior to establish the Medgar Evers Home National Monument
after meeting specified requirements. The proposed boundary of
the monument includes land within the Medgar Evers National
Register District and the Medgar and Myrlie Evers National
Historic Landmark. The bills include authorities for land
acquisition and administration that are commonly included in
legislation establishing a unit of the National Park System.
Medgar Wiley Evers was born in 1925 in Decatur,
Mississippi. He was drafted into the U.S. Army in 1943, fought
in both France and Germany during World War II, and received an
honorable discharge in 1946. His wife, Myrlie Beasley, was born
in 1933 and grew up in Vicksburg, Mississippi. Medgar and
Myrlie met while enrolled as students at Alcorn College in
Lorman, Mississippi. They were married in 1951 and had three
children: Darrell, Reena, and James.
Medgar and Myrlie Evers were major contributors to
advancing the goals of the civil rights movement by combining
local, grassroots strategies in Mississippi with national
organization efforts to change laws and policies related to
voting rights, public education, and public accommodations.
Medgar Evers was the first Mississippi field secretary for the
National Association for the Advancement of Colored People
(NAACP) and was at the forefront of every major civil rights
event in Mississippi from 1955 until his assassination in 1963.
He traveled constantly to work on voter registration drives
around the state; investigated the murders of African Americans
such as Emmett Till, George Lee, and others; worked behind the
scenes with James Meredith and Clyde Kennard to integrate
Mississippi's white universities; and was involved in direct
action campaigns such as the beach wade-ins on the Mississippi
Gulf Coast, the library read-ins and the economic boycott of
downtown Jackson.
While Medgar was the public face of the NAACP in
Mississippi, Myrlie Evers worked behind the scenes running the
NAACP field office in Jackson, drafting speeches, and providing
personal and logistical support for her husband and other civil
rights workers. After her husband's death, Myrlie took on a
public, active role in the civil rights movement. Soon after
his funeral, she began speaking at NAACP events across the
nation, eventually becoming the first woman to chair the board
of the NAACP from 1995 to 1998.
The assassination of Medgar Evers on June 12, 1963, in the
carport of the couple's home was the first murder of a civil
rights leader that focused national attention on the civil
rights movement. His death heightened public awareness
throughout the United States of civil rights issues and became
one of the catalysts for the passage of the Civil Rights Act of
1964.
The Evers family donated their home to Tougaloo College in
1993. Located in Jackson's Elraine Subdivision, it is listed in
the National Register of Historic Places as the first post-
World War II subdivision created for middle-class African
Americans in Mississippi. Restored by the College, the home is
operated as a museum commemorating the life of Medgar and
Myrlie Evers. Guided tours of the house are available to the
public by appointment. The Medgar and Myrlie Evers Home,
located within the Medgar Evers Historic District on the
National Register of Historic Places, was designated as a
National Historic Landmark in 2016. On August 3, 2018,
Secretary Ryan Zinke added the Medgar and Myrlie Evers home to
the U.S. Civil Rights Network to further recognize its
significance in the history of the African American civil
rights movement.
The National Park Service is in the process of conducting a
Congressionally authorized special resource study of
Mississippi's nationally significant civil rights sites,
including the Evers home and many of the locations Medgar
investigated during his work with the NAACP. Strong local
support for including the home in the National Park System has
been indicated through public meetings and comments. Tougaloo
College, which owns the home, is prepared to donate the
property for inclusion in the proposed unit. All funding for
the unit would be subject to National Park Service priorities
and the availability of appropriations.
The Department recommends that S. 3176 and H.R. 5979 be
amended in the following ways:
First, H.R. 4895 and S. 2889 would name the site the
``Medgar Evers Home National Monument''. The Department
recommends adding Myrlie's name to make it the ``Medgar and
Myrlie Evers Home National Monument''. This amendment would
provide recognition for Myrlie's own important contributions to
furthering the advancement of the civil rights movement, and it
would make the name consistent with the National Historic
Landmark designation.
Second, the bills include two conditions for establishing
the Medgar Evers Home as a unit of the National Park System:
(1) entering into an agreement for donation of the property,
and (2) acquiring sufficient land to constitute a manageable
unit. Because land must be acquired prior to the establishment
of the Monument, an agreement evidencing an intent to donate
land is a precondition that does not need to be included in the
legislation. We therefore recommend striking the first
condition.
Third, the bills require the National Park Service to enter
into a cooperative agreement with Tougaloo College for
interpretive and educational programming related to the
national monument. The Department recommends amending the bills
to allow flexibility for the National Park Service and Tougaloo
College to determine the best way to work in partnership to
further the purposes of the new unit rather than requiring a
specific type of agreement for a specific purpose.
Fourth, the bills provides land acquisition authority by
means of donation, purchase with donated funds, or exchange.
The Department recommends amending the bill to also include the
authority to purchase lands with appropriated funds. Such
authority is common for other National Park Service units. That
authority would allow the owners of private property within the
boundary the opportunity to sell their lands to the Federal
government. Even if the owners are not interested in selling
their land at the current time, this authority provides the
flexibility for them to make that decision in the future if
circumstances change. Before the National Park Service would
seek to acquire any property, whether by purchase, donation, or
exchange, it would take into consideration the condition of any
structures on the property that would add to the Service's
deferred maintenance backlog. Any funding to purchase land
would be subject to future appropriations from Congress.
Mr. Chairman, this concludes my statement. I would be
pleased to answer any questions 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 H.R. 4895 as ordered
reported.