[House Report 111-267]
[From the U.S. Government Publishing Office]
111th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 111-267
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UNITED STATES CIVIL RIGHTS TRAIL SPECIAL RESOURCE STUDY ACT OF 2009
_______
September 29, 2009.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Rahall, from the Committee on Natural Resources, submitted the
following
R E P O R T
[To accompany H.R. 685]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred the
bill (H.R. 685) to require a study of the feasibility of
establishing the United States Civil Rights Trail System, and
for other purposes, having considered the same, reports
favorably thereon with amendments and recommends that the bill
as amended do pass.
The amendments are as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States Civil Rights Trail
Special Resource Study Act of 2009''.
SEC. 2. SPECIAL RESOURCE STUDY REGARDING PROPOSED UNITED STATES CIVIL
RIGHTS TRAIL.
(a) Study Required.--The Secretary of the Interior shall conduct a
special resource study for the purpose of evaluating a range of
alternatives for protecting and interpreting sites associated with the
struggle for civil rights in the United States, including alternatives
for potential addition of some or all of the sites to the National
Trails System.
(b) Consultation.--The Secretary shall conduct the special resource
study in consultation with appropriate Federal, State, county, and
local governmental entities.
(c) Study Requirements.--The Secretary shall conduct the study
required under subsection (a) in accordance with section 8(c) of Public
Law 91-383 (16 U.S.C. 1a-5(c)) and section 5(b) of the National Trails
System Act (16 U.S.C. 1244(b)), as appropriate.
(d) Study Objectives.--In conducting the special resource study, the
Secretary shall evaluate alternatives for achieving the following
objectives:
(1) Identifying the resources and historic themes associated
with the movement to secure racial equality in the United
States for African Americans that, focusing on the period from
1954 through 1968, challenged the practice of racial
segregation in the Nation and achieved equal rights for all
American citizens.
(2) Making a review of existing studies and reports, such as
the Civil Rights Framework Study, to complement and not
duplicate other studies of the historical importance of the
civil rights movements that may be underway or undertaken.
(3) Establishing connections with agencies, organizations,
and partnerships already engaged in the preservation and
interpretation of various trails and sites dealing with the
civil rights movement.
(4) Protecting historically significant landscapes,
districts, sites, and structures.
(5) Identifying alternatives for preservation and
interpretation of the sites by the National Park Service, other
Federal, State, or local governmental entities, or private and
nonprofit organizations, including the potential inclusion of
some or all of the sites in a National Civil Rights Trail.
(6) Identifying cost estimates for any necessary acquisition,
development, interpretation, operation, and maintenance
associated with the alternatives developed under the special
resource study.
(e) Report.--Not later than 3 years after the date on which funds are
made available to carry out this section, the Secretary shall submit to
the Committee on Natural Resources of the House of Representatives and
the Committee on Energy and Natural Resources of the Senate a report
containing the results of the study conducted under subsection (c) and
any recommendations of the Secretary with respect to the route.
Amend the title so as to read:
A bill 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.
PURPOSE OF THE BILL
The purpose of H.R. 685, as ordered reported, is to require
the Secretary of the Interior to conduct a special resource
study regarding a proposed United States Civil Rights Trail,
and for other purposes.
BACKGROUND AND NEED FOR LEGISLATION
There are a large number of sites, scattered across many
states, associated with historic events of the civil rights
movement in the United States. At least 49 of these sites have
been nominated for listing on 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, as introduced, proposed a study of the
feasibility of establishing a National Civil Rights Trail
System to link sites like these with common signage, maps, and
educational materials to improve public awareness and
facilitate the study of their importance in United States
history. The legislation originally envisioned the study being
conducted by the Archivist of the United States, in
consultation with the Secretaries of the Interior and
Agriculture, in the same manner as those done under the
National Trails System Act (16 U.S.C. 1241 et seq.) for
National Historic Trails. The bill, as introduced, also
mandated the Secretary of the Interior to establish and
maintain at least one trail in each state where a significant
civil rights event occurred and to establish at least six
trails as soon as practical after enactment.
COMMITTEE ACTION
H.R. 685 was introduced on January 26, 2009 by
Representative William Lacy Clay (D-MO). The bill was referred
to the Committee on Natural Resources, and within the Committee
to the Subcommittee on National Parks, Forests and Public
Lands.
The Administration testified in support of the bill before
the Subcommittee on National Parks, Forests, and Public Lands
on July 8, 2009, but recommended that it be amended to require
the study be a Special Resource Study completed by the National
Park Service, consistent with similar studies in the past.
On September 10, 2009, the Subcommittee was discharged from
further consideration of H.R. 685 and the full Natural
Resources Committee met to consider the bill. Subcommittee
Chairman Grijalva (D-AZ) offered an amendment in the nature of
a substitute which incorporates the Administration's
recommendation, making the Secretary of the Interior
responsible for completion of a Special Resource Study in lieu
of a study by the Archivist, to eliminate the requirement for
establishment of pilot trails, and to define the focus of the
study as the struggle for racial equality for African Americans
from approximately 1954 through 1968. The amendment was adopted
by unanimous consent. The bill, as amended, was then ordered
favorably reported to the House of Representatives by unanimous
consent.
SECTION-BY-SECTION ANALYSIS
Section 1. Short title
Section 1 provides that this Act may be cited as the
``United States Civil Rights Trail Special Resource Study Act
of 2009.''
Section 2. Special Resource Study regarding proposed United States
Civil Rights Trail
Subsection (a) requires the Secretary of the Interior to
complete 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.
Subsection (b) requires consultation with appropriate
federal, state, county, and local entities in completing the
study.
Subsection (c) provides that the study be conducted in
accordance with the guidelines set forth in the National Trails
System Act and those applicable to potential new units of the
National Park System.
Subsection (d) lists the objectives of the study, including
identifying resources and historic themes; reviewing relevant
existing studies and reports; establishing connections with
agencies and organizations already engaged with preservation of
related sites; protecting historically significant landscapes,
districts, sites, and structures; identifying alternatives for
preservation and interpretation of sites; potential for
inclusion of certain sites in a National Civil Rights Trail;
and identifying cost estimates associated with these
alternatives.
Subsection (e) requires that a report with recommendations
be provided to the appropriate committees of Congress within
three years of funding being made available to conduct the
study.
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
CONSTITUTIONAL AUTHORITY STATEMENT
Article I, section 8 of the Constitution of the United
States grants Congress the authority to enact this bill.
COMPLIANCE WITH HOUSE RULE XIII
1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that Rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
3. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill, as ordered reported, is 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.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of 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 bill would not affect revenues or direct spending.
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.
The CBO staff contact for this estimate is Deborah Reis.
The estimate was approved by Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
EARMARK STATEMENT
H.R. 685 does not contain any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9(d), 9(e) or 9(f) of rule XXI.
PREEMPTION OF STATE, LOCAL OR TRIBAL LAW
This bill is not intended to preempt any State, local or
tribal law.
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes in existing
law.