[Senate Report 108-138]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 262
108th Congress                                                   Report
                                 SENATE
 1st Session                                                    108-138
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CARTER G. WOODSON HOME NATIONAL HISTORIC SITE ESTABLISHMENT ACT OF 2003

                                _______
                                

                August 26, 2003.--Ordered to be printed

      Filed under authority of the order of the Senate of July 29 
                    (legislative day, July 21), 2003

                                _______
                                

   Mr. Domenici, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 1012]

    The Committee on Energy and Natural Resources, to which was 
referred the Act (H.R. 1012) to establish the Carter G. Woodson 
Home National Historic Site in the District of Columbia, and 
for other purposes, having considered the same, reports 
favorably thereon with an amendment and recommends that the 
Act, as amended, do pass.
    The amendment is as follows:
    Strike out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Carter G. Woodson Home National 
Historic Site Act''.

SEC. 2. DEFINITIONS.

    As used in this Act:
          (1) Carter g. woodson home.--The term ``Carter G. Woodson 
        Home'' means the property located at 1538 Ninth Street, 
        Northwest, in the District of Columbia, as depicted on the map.
          (2) Historic site.--The term ``historic site'' means the 
        Carter G. Woodson Home National Historic Site.
          (3) Map.--The term ``map'' means the map entitled ``Carter G. 
        Woodson Home National Historic Site'', numbered 876/82338-A and 
        dated July 22, 2003.
          (4) Secretary.--The term ``Secretary'' means the Secretary of 
        the Interior.

SEC. 3. CARTER G. WOODSON HOME NATIONAL HISTORIC SITE.

    (a) Establishment.--Upon acquisition by the Secretary of the Carter 
G. Woodson Home, or interests there-in, the Secretary shall establish 
the historic site as a unit of the National Park System by publication 
of a notice to that effect in the Federal Register.
    (b) Additions to Historic Site.--
          (1) In general.--The Secretary may acquire any of the 3 
        properties immediately north of the Carter G. Woodson Home 
        located at 1540, 1542, and 1544 Ninth Street, Northwest, 
        described on the map as ``Potential Additions to National 
        Historic Site'', for addition to the historic site.
          (2) Boundary revision.--Upon the acquisition of any of the 
        properties described in paragraph (1), the Secretary shall 
        revise the boundaries of the historic site to include the 
        property.
    (c) Availability of Map.--The map shall be available for public 
inspection in the appropriate offices of the National Park Service, 
Department of the Interior.
    (d) Acquisition Authority.--The Secretary may acquire the Carter G. 
Woodson Home or any of the properties described in subsection (b)(1), 
including interests therein, and any improvements to the land by 
donation, purchase from a willing seller with donated or appropriated 
funds, or exchange.
    (e) Administration.--The Secretary shall administer the historic 
site in accordance with this Act and with laws generally applicable to 
units of the National Park System, including the Act of August 25, 1916 
(16 U.S.C. 1, 2-4), and the Act of August 21, 1935 (16 U.S.C. 461 et 
seq.).
    (2) General management plan.--The Secretary shall prepare a general 
management plan for the historic site not later than three years after 
the date on which funds are made available for that purpose.

SEC. 4. COOPERATIVE AGREEMENTS.

    (a) In General.--The Secretary may enter into cooperative 
agreements with public or private entities to provide public 
interpretation and education of African-American heritage in the Shaw 
area of the District of Columbia.
    (b) Rehabilitation.--In order to achieve cost efficiencies in the 
restoration of properties within the historic site, the Secretary may 
enter into an agreement with public or private entities to restore and 
rehabilitate the Carter G. Woodson Home and other properties within the 
boundary of the historic site, subject to such terms and conditions as 
the Secretary deems necessary.
    (c) Agreement With the Association for the Study of African-
American Life and History.--In order to reestablish the historical 
connection between the Carter G. Woodson Home and the association Dr. 
Woodson founded, and to facilitate interpretation of Dr. Woodson's 
achievements, the Secretary may enter into an agreement with The 
Association for the Study of African-American Life and History that 
allows the association to use a portion of the historic site for its 
own administrative purposes. Such agreement shall ensure that the 
association's use of a portion of the historic site is consistent with 
the administration of the historic site, including appropriate public 
access and rent, and such other terms and conditions as the Secretary 
deems necessary.

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary 
to carry out this Act.

                         PURPOSE OF THE MEASURE

    The purpose of H.R. 1012 is to authorize the Secretary of 
the Interior to acquire the home of historian and educator, Dr. 
Carter G. Woodson, founder of the organization known today as 
The Association for the Study of African-American Life and 
History, and upon its acquisition, to establish it as a unit of 
the National Park System.

                          BACKGROUND AND NEED

    In 1915, Dr. Carter G. Woodson founded the Association for 
the Study of Negro Life and History, renamed as the Association 
for the Study of African-American Life and History.
    Through the Association, Dr. Woodson, the son of slaves who 
earned a Ph.D. from Harvard University, dedicated his life to 
educating the American public about the extensive and positive 
contributions of African Americans to the Nation's history and 
culture.
    Under Dr. Woodson's leadership, Negro History Week was 
designated in 1926. That designation has since evolved into 
Black History Month in February of each year.
    The property located at 1538 Ninth Street, Northwest, in 
Washington, D.C. was Dr. Woodson's home from 1915 to 1950, and 
also served as the headquarters and operations of the 
Association. The Carter G. Woodson home was designated as a 
National Historic Landmark in 1976 for its national 
significance in African-American culture.
    A 2002 study conducted by the National Park Service found 
that the Carter G. Woodson Home is suitable for designation as 
a unit of the National Park System.

                          LEGISLATIVE HISTORY

    H.R. 1012 was introduced by Representative Norton on 
February 27, 2003 and passed the House of Representatives by a 
voice vote on May 14, 2003. The Subcommittee on National Parks 
held a hearing on H.R. 1012 on June 10, 2003. At the business 
meeting on July 23, 2003, the Committee on Energy and Natural 
Resources ordered H.R. 1012, as amended, favorably reported.

                        COMMITTEE RECOMMENDATION

    The Committee on Energy and Natural Resources, in open 
business session on July 23, 2003, by unanimous vote of a 
quorum present, recommends that the Senate pass H.R. 1012, if 
amended as described herein.

                          COMMITTEE AMENDMENT

    During its consideration of H.R. 1012, the Committee 
adopted an amendment in the nature of a substitute. The 
amendment removes Congressional findings and makes clarifying 
and technical corrections.
    The amendment is explained in detail in the section-by-
section analysis, below.

                      SECTION-BY-SECTION ANALYSIS

    Section 1 entitles this Act as the ``Carter G. Woodson Home 
National Historic Site Establishment Act of 2003.''
    Section 2 contains definitions used in this Act.
    Section 3(a) states that upon acquisition of the Carter G. 
Woodson Home, the Secretary of the Interior (Secretary) shall 
establish the Carter G. Woodson Home National Historic Site as 
a unit of the National Park System.
    Subsection (b) authorizes the Secretary to acquire any of 3 
properties immediately north of the Carter G. Woodson Home as 
described on map number 876/82338-A, for addition to the 
historic site, and upon acquisition, to include the properties 
within the park.
    Subsection (c) states that the relevant map shall be 
available for public inspection in appropriate offices of the 
National Park Service.
    Subsection (d) authorizes the Secretary to acquire the 
Carter G. Woodson Home or any of the properties described in 
subsection (b)(1), including interest in lands and 
improvements, by donation, or purchase from willing seller with 
donated or appropriated funds, or by exchange.
    Subsection (e)(1) directs the Secretary to administer the 
historic site in accordance with the National Park Service 
Organic Act and the Historic Sites, Buildings, and Antiquities 
Act.
    Paragraph (2) directs the Secretary to prepare a general 
management plan within three years after the date funds are 
made available.
    Section 4(a) authorizes the Secretary to enter into 
cooperative agreements for the purpose of public interpretation 
and education of African-American heritage in the Shaw area of 
Washington, D.C.
    Subsection (b) authorizes the Secretary to enter into an 
agreement with public or private entities to restore and 
rehabilitate the Carter G. Woodson Home and other properties 
within the boundary of the historic site, subject to such terms 
and conditions as the Secretary deems necessary.
    Subsection (c) authorizes the Secretary to enter into an 
agreement with The Association for the Study of African-
American Life and History that allows the association to use a 
portion of the historic site for its own administrative 
purposes, subject to such terms and conditions as the Secretary 
deems necessary.
    Section 5 authorizes the appropriation of such sums as are 
necessary to carry out this Act.

                   COST AND BUDGETARY CONSIDERATIONS

    The following estimate of the cost of this measure has been 
provided by the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, August 1, 2003.
Hon. Pete V. Domenici,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1012, the Carter 
G. Woodson National Historic Site Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                         Robert A. Sunshine
                               (For Douglas Holtz-Eakin, Director).
    Enclosure.

H.R. 1012--Carter G. Woodson National Historic Site Act

    H.R. 1012 would direct the National Park Service (NPS) to 
establish the Carter G. Woodson Home National Historic Site on 
property in Washington, D.C. The bill would authorize the NPS 
to acquire the Woodson home and three other attached row houses 
by donation, purchase, or exchange. In order to facilitate 
interpretation of the new national historic site, the agency 
also would be authorized to execute cooperative agreements with 
local organizations that wish to restore the federally acquired 
properties, provide educational support, and lease onsite space 
from the NPS.
    Assuming appropriation of the necessary amounts, CBO 
estimates that implementing H.R. 1012 would cost the Federal 
Government $9.5 million over the next five years. Of this 
amount, we estimate that the NPS would spend about $1.7 million 
in 2004 to acquire the Woodson home, the other three row 
houses, and the contents of the Woodson library. Beginning in 
2005, about $5 million would be spent to restore the houses and 
develop interpretive exhibits. (Some of this work could be 
done, at Federal expense, by local nonprofit organizations.) 
Finally, we estimate that the NPS would spend about $2.7 over 
the five-year period to manage and operate the site, including 
the costs of preparing a general management plan and other 
related studies.
    This estimate is based on information provided by the NPS 
and by local tax authorities. For this estimate, CBO assumes 
that the NPS would acquire the contents of the Woodson library 
although the bill would not specifically authorize the 
acquisition of personal property. If the NPS did not purchase 
the library, the costs of implementing the bill would be about 
$0.8 million lower.
    The bill would authorize the NPS to lease space in one of 
the row houses to a local nonprofit organization. Rent 
collected by the agency could be spent (under existing laws) 
without further appropriation. This leasing authority would 
therefore result in additional offsetting receipts and direct 
spending. CBO estimates that the amounts involved would be less 
than $50,000 per year.
    H.R. 1012 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would have no significant impact on the budgets of State, 
local, or tribal governments.
    The CBO staff contact for this estimate is Deborah Reis. 
This estimate was approved by Robert A. Sunshine, 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. 1012. The bill 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. 1012, as ordered reported.

                        EXECUTIVE COMMUNICATIONS

    On, July 23, 2003, the Committee on Energy and Natural 
Resources requested legislative reports from the Department of 
the Interior and the Office of Management and Budget setting 
forth Executive agency recommendations on H.R. 1012. These 
reports had not been received at the time the report on H.R. 
1012 as filed. When the reports become available, the Chairman 
will request that they be printed in the Congressional Record 
for the advice of the Senate. The testimony provided by the NPS 
at the Subcommittee hearing follows:

    Statement of D. Thomas Ross, Assistant Director, Recreation and 
    Conservation, National Park Service, Department of the Interior

    Mr. Chairman, thank you for the opportunity to present the 
Department of the Interior's views on H.R. 1012, a bill to 
establish the Carter G. Woodson Home National Historic Site in 
the District of Columbia.
    The Department recognizes the appropriateness of 
establishing the Carter G. Woodson home as a unit of the 
National Park System. The site was found to be nationally 
significant, as well as suitable and feasible for addition to 
the system, in a study conducted by the National Park Service 
and sent to Congress earlier this year. However, we recommend 
that the committee defer action on H.R. 1012 during the 108th 
Congress. The Administration is continuing to place a priority 
on reducing the National Park System's deferred maintenance 
backlog and wants to ensure that funding is not diverted to pay 
for the cost of a new unit of the National Park System, which 
would include acquiring and rehabilitating property along with 
operating and maintaining the site.
    Dr. Carter G. Woodson was a prominent American historian 
and is generally considered the preeminent historian of the 
African-American experience in the United States. Born in 1875 
to former slaves, Woodson began his formal education at age 20 
after being denied a public education in his home town of 
Canton, Virginia, and earned several degrees from institutions 
of higher learning. He became the second African-American, 
after W.E.B. DuBois, to earn a doctorate from Harvard. During 
much of Dr. Woodson's life, there was little information about 
African-American life and history. Dr. Woodson's research 
uncovered history that helped educate the American public about 
the contributions of African-Americans to our Nation's history 
and culture.
    From 1915 until 1950, Dr. Woodson lived at 1538 Ninth 
Street, Northwest, a Victorian-style row house built in 1890 in 
the Shaw neighborhood of Washington, D.C. His home was also the 
headquarters of the Association for the Study of Negro Life and 
History, which he founded. The organization, which was renamed 
the Association for the Study of African-American Life and 
History, continued to operate out of the home until 1970. The 
association still owns the home, but it is unoccupied and in 
need of restoration. The home was designated a National 
Historic Landmark in 1976.
    The National Park Service conducted a special resource 
study on the Carter G. Woodson home during 2001-2002, pursuant 
to P.L. 106-349. The study found that in addition to being 
nationally significant, the site was suitable and feasible for 
inclusion in the National Park System. The suitability finding 
was based on the determination that no existing unit of the 
National Park System provides the opportunity to present the 
story of Dr. Woodson and his legacy, or interprets African-
American history as a general subject. It was also based on the 
fact that the home offers the chance to interpret other aspects 
of the community in which Dr. Woodson worked and lived, which 
has numerous historically significant resources associated with 
achievements of African-Americans. The site was found feasible 
for inclusion, with qualifications. Along with acquiring the 
Woodson house itself, to make this a viable park unit, the 
National Park Service would need to acquire three adjacent 
properties to the north for administrative, interpretive, and 
visitor service needs, and to meet accessibility requirements. 
The study estimates that the one-time cost of acquiring and 
developing the site would be in the range of $5 million to $6.5 
million, and the annual cost of operating and maintaining the 
site would be approximately $500,000.
    H.R. 1012 provides authority for the Secretary of the 
Interior to establish the Carter G. Woodson home as a national 
historic site after acquiring a majority of the property within 
the proposed boundary of the unit. The boundary encompasses the 
Woodson home and the three adjoining houses to the north. The 
bill also authorizes the Secretary to enter into certain 
agreements. One agreement would be with the Shiloh Community 
Development Corporation to redevelop the property. This 
corporation is a non-profit organization that intends to build 
senior housing on the same block as the Woodson home; 
discussions have begun between the National Park Service and 
the corporation about a potential development partnership which 
holds the possibility of providing a cost-effective means of 
restoring the property.
    Another potential agreement permitted by the bill would 
enable the Association for the Study of African-American Life 
and History to use a portion of the historic site for its own 
administrative purposes. The bill would also allow partnerships 
with public and private entities for the purpose of fostering 
interpretation of African-American heritage in the Shaw area. 
This provision is intended to facilitate connection of the 
Woodson home to other significant historical and cultural sites 
in the area for purposes of promoting education and tourism. 
These provisions are all consistent with the findings of the 
study.
    Mr. Chairman, that concludes my statement. I would be 
pleased to answer any questions that you or other members of 
the committee 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. 1012, as 
ordered reported.