[House Report 106-741]
[From the U.S. Government Publishing Office]
106th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 106-741
======================================================================
NATIONAL UNDERGROUND RAILROAD FREEDOM CENTER ACT
_______
July 17, 2000.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Young of Alaska, from the Committee on Resources, submitted the
following
R E P O R T
[To accompany H.R. 2919]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 2919) to promote preservation and public awareness of the
history of the Underground Railroad by providing financial
assistance, to the Freedom Center in Cincinnati, Ohio, having
considered the same, report favorably thereon with an amendment
and recommend that the bill 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 ``National Underground Railroad Freedom
Center Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) the National Underground Railroad Freedom Center
(hereinafter ``Freedom Center'') is a nonprofit organization
incorporated under the laws of the State of Ohio in 1995;
(2) the objectives of the Freedom Center are to interpret the
history of the Underground Railroad through development of a
national cultural institution in Cincinnati, Ohio, that will
house an interpretive center, including museum, educational,
and research facilities, all dedicated to communicating to the
public the importance of the quest for human freedom which
provided the foundation for the historic and inspiring story of
the Underground Railroad;
(3) the city of Cincinnati has granted exclusive development
rights for a prime riverfront location to the Freedom Center;
(4) the Freedom Center will be a national center linked
through state-of-the-art technology to Underground Railroad
sites and facilities throughout the United States and to a
constituency that reaches across the United States, Canada,
Mexico, the Caribbean and beyond; and
(5) the Freedom Center has reached an agreement with the
National Park Service to pursue a range of historical and
educational cooperative activities related to the Underground
Railroad, including but not limited to assisting the National
Park Service in the implementation of the National Underground
Railroad Network to Freedom Act.
(b) Purposes.--The purposes of this Act are--
(1) to promote preservation and public awareness of the
history of the Underground Railroad;
(2) to assist the Freedom Center in the development of its
programs and facilities in Cincinnati, Ohio; and
(3) to assist the National Park Service in the implementation
of the National Underground Railroad Network to Freedom Act (16
U.S.C. 469l).
SEC. 3. DEFINITIONS.
In this Act:
(1) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(2) Project budget.--The term ``project budget'' means the
total amount of funds expended by the Freedom Center on
construction of its facility, development of its programs and
exhibits, research, collection of informative and educational
activities related to the history of the Underground Railroad,
and any administrative activities necessary to the operation of
the Freedom Center, prior to the opening of the Freedom Center
facility in Cincinnati, Ohio.
(3) Federal share.--The term ``Federal share'' means an
amount not to exceed 20 percent of the project budget and shall
include all amounts received from the Federal Government under
this legislation and any other Federal programs.
(4) Non-federal share.--The term ``non-Federal share'' means
all amounts obtained by the Freedom Center for the
implementation of its facilities and programs from any source
other than the Federal Government, and shall not be less than
80 percent of the project budget.
(5) The freedom center facility.--The term ``the Freedom
Center facility'' means the facility, including the building
and surrounding site, which will house the museum and research
institute to be constructed and developed in Cincinnati, Ohio,
on the site described in section 4(c).
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
(a) Program Authorized.--From sums appropriated pursuant to the
authority of subsection (d) in any fiscal year, the Secretary is
authorized and directed to provide financial assistance to the Freedom
Center, in orderto pay the Federal share of the cost of authorized
activities described in section 5.
(b) Expenditure on Non-Federal Property.--The Secretary is authorized
to expend appropriated funds under subsection (a) of this section to
assist in the construction of the Freedom Center facility and the
development of programs and exhibits for that facility which will be
funded primarily through private and non-Federal funds, on property
owned by the city of Cincinnati, Hamilton County, and the State of
Ohio.
(c) Description of the Freedom Center Facility Site.--The facility
referred to in subsections (a) and (b) will be located on a site
described as follows: a 2-block area south of new South Second, west of
Walnut Street, north of relocated Theodore M. Berry Way, and east of
Vine Street in Cincinnati, Ohio.
(d) Authorization of Appropriations.--There are authorized to be
appropriated $16,000,000 for the 4 fiscal year period beginning October
1, 1999. Funds not to exceed that total amount may be appropriated in 1
or more of such fiscal years. Funds shall not be disbursed until the
Freedom Center has commitments for a minimum of 50 percent of the non-
Federal share.
(e) Availability of Funds.--Notwithstanding any other provision of
law, funds appropriated to carry out the provisions of this Act shall
remain available for obligation and expenditure until the end of the
fiscal year succeeding the fiscal year for which the funds were
appropriated.
(f) Other Provisions.--Any grant made under this Act shall provide
that--
(1) no change or alteration may be made in the Freedom Center
facility except with the agreement of the property owner and
the Secretary;
(2) the Secretary shall have the right of access at
reasonable times to the public portions of the Freedom Center
facility for interpretive and other purposes; and
(3) conversion, use, or disposal of the Freedom Center
facility for purposes contrary to the purposes of this Act, as
determined by the Secretary, shall result in a right of the
United States to compensation equal to the greater of--
(A) all Federal funds made available to the grantee
under this Act; or
(B) the proportion of the increased value of the
Freedom Center facility attributable to such funds, as
determined at the time of such conversion, use, or
disposal.
SEC. 5. AUTHORIZED ACTIVITIES.
(a) In General.--The Freedom Center may engage in any activity
related to its objectives addressed in section 2(a), including, but not
limited to, construction of the Freedom Center facility, development of
programs and exhibits related to the history of the Underground
Railroad, research, collection of information and artifacts and
educational activities related to the history of the Underground
Railroad, and any administrative activities necessary to the operation
of the Freedom Center.
(b) Priorities.--The Freedom Center shall give priority to--
(1) construction of the Freedom Center facility;
(2) development of programs and exhibits to be presented in
or from the Freedom Center facility; and
(3) providing assistance to the National Park Service in the
implementation of the National Underground Railroad Network to
Freedom Act (16 U.S.C. 469l).
SEC. 6. APPLICATION.
(a) In General.--The Freedom Center shall submit an application to
the Secretary at such time, in such manner, and containing or
accompanied by such information as the Secretary may reasonably
require. Each application shall--
(1) describe the activities for which assistance is sought;
(2) provide assurances that the non-Federal share of the cost
of activities of the Freedom Center shall be paid from non-
Federal sources, together with an accounting of costs expended
by the Freedom Center to date, a budget of costs to be incurred
prior to the opening of the Freedom Center facility, an
accounting of funds raised to date, both Federal and non-
Federal, and a projection of funds to be raised through the
completion of the Freedom Center facility.
(b) Approval.--The Secretary shall approve the application submitted
pursuant to subsection (a) unless such application fails to comply with
the provisions of this Act.
SEC. 7. REPORTS.
The Freedom Center shall submit an annual report to the appropriate
committees of the Congress not later than January 31, 2000, and each
succeeding year thereafter for any fiscal year in which Federal funds
are expended pursuant to this Act. The report shall--
(1) include a financial statement addressing the Freedom
Center's costs incurred to date and projected costs, and funds
raised to date and projected fundraising goals;
(2) include a comprehensive and detailed description of the
Freedom Center's activities for the preceding and succeeding
fiscal years; and
(3) include a description of the activities taken to assure
compliance with this Act.
SEC. 8. AMENDMENT TO THE NATIONAL UNDERGROUND RAILROAD NETWORK TO
FREEDOM ACT OF 1998.
The National Underground Railroad Network to Freedom Act of 1998
(Public Law 105-203) is amended by adding at the end the following:
``SEC. 4. PRESERVATION OF HISTORIC SITES OR STRUCTURES.
``(a) Authority to Make Grants.--The Secretary of the Interior may
make grants, in accordance with this section, to historic sites or
structures associated with the Underground Railroad for the
preservation and restoration of buildings or structures listed on, or
eligible for listing on, the National Register of Historic Places.-
``(b) Grant Conditions.--Any grant made under this section shall
provide that--
``(1) no change or alteration may be made in property for
which the grant is used except with the agreement of the
property owner and the Secretary;
``(2) the Secretary shall have the right of access at
reasonable times to the public portions of such property for
interpretive and other purposes; and
``(3) conversion, use, or disposal of such property for
purposes contrary to the purposes of this Act, as determined by
the Secretary, shall result in a right of the United States to
compensation equal to all Federal funds made available to the
grantee under this Act.
``(c) Matching Requirement.--The Secretary may obligate funds made
available for a grant under this section only if the grantee agrees to
match, from funds derived from non-Federal sources, the amount of the
grant with an amount that is equal to or greater than the grant. The
Secretary may waive the requirement of the preceding sentence with
respect to a grant if the Secretary determines that an extreme
emergency exists or that such a waiver is in the public interest to
assure the preservation of historically significant resources.
``(d) Funding.--There are authorized to be appropriated to the
Secretary for purposes of this section $2,500,000 for fiscal year 2001
and each subsequent fiscal year. Amounts authorized but not
appropriated in a fiscal year shall be available for appropriation in
subsequent fiscal years.''.
Purpose of the Bill
The purpose of H.R. 2919 is to promote preservation and
public awareness of the history of the Underground Railroad by
providing financial assistance to the Freedom Center in
Cincinnati, Ohio.
Background and Need for Legislation
H.R. 2919 provides financial assistance to the Freedom
Center in Cincinnati, Ohio, to promote preservation and public
awareness of the history of the Underground Railroad. From the
end of the 18th century to the end of the Civil War, the
Underground Railroad flourished, symbolizing the ideal of
freedom. In 1995, the National Underground Railroad Freedom
Center was founded in Cincinnati, Ohio, to interpret the
history of the Underground Railroad by bringing together
exhibits that link different Underground Railroad sites. The
National Park Service has chosen the Freedom Center for the
first public/private partnership under the National Underground
Railroad Network to Freedom Act (NURNFA, 16 U.S.C. 469l) to
coordinate the sites and activities.
H.R. 2919 provides no more than twenty percent of the total
funding for construction of the museum and research center and
development of programs and exhibits. As a public/private
partnership, the Freedom Center is required to raise the
remaining funds from other sources. H.R. 2919 authorizes no
more than $16 million total over four years to be appropriated.
Furthermore, the federal share would not be disbursed until the
Freedom Center has commitments for at least fifty percent of
the non-federal share.
Committee Action
H.R. 2919 was introduced by Congressman Rob Portman (R-OH)
on September 22, 1999. The bill was referred to the Committee
on Resources, and within the Committee to the Subcommittee on
National Parks and Public Lands. On March 30, 2000, the
Subcommittee held a hearing on the bill. On May 18, 2000, the
Subcommittee met to consider the bill. No amendments were
offered and the bill was ordered favorably reported to the Full
Committee by voice vote. On June 20, 2000, the Resources
Committee met to consider the bill. Congressman Joseph Crowley
(D-NY) offered an amendment which provided additional
conditions for grants under the bill and amended the NURNFA to
authorize funding to preserve historic sites or structures
associated with the Underground Railroad. The amendment was
adopted by voice vote. No further amendments were offered and
the bill, as amended, was then ordered favorably reported to
the House of Representatives by voice vote.
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 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. Government Reform Oversight Findings. Under clause
3(c)(4) of rule XIII of the Rules of the House of
Representatives, the Committee has received no report of
oversight findings and recommendations from the Committee on
Government Reform on this bill.
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:
U.S. Congress,
Congressional Budget Office,
Washington, DC, June 28, 2000.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 2919, the National
Underground Railroad Freedom Center Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contacts are Deborah
Reis and Ali Aslam (for federal costs), and Majorie Miller (for
the state and local impact).
Sincerely,
Barry B. Anderson
(For Dan L. Crippen, Director).
Enclosure.
H.R. 2919--National Underground Railroad Freedom Center Act
H.R. 2919 would direct the Secretary of the Interior to
provide financial assistance to the National Underground
Railroad Freedom Center in Cincinnati, Ohio. The bill would
authorize the appropriation of $16 million through fiscal year
2003 to finance 20 percent of the costs of the center's
activities, primarily constructing a facility and developing
related programs and exhibits. H.R. 2919 also would authorize
the appropriation of $2.5 million annually beginning in fiscal
year 2001 for grants to preserve and restore historic
structures associated with the Underground Railroad.
Assuming appropriation of the authorized amounts, CBO
estimates that the National Park Service would spend $27.5
million over the 2001-2005 period, including $15 million for
the Freedom Center facility and $2.5 million for each of the
five years for historic preservation grants. (The center
received an appropriation of $1 million in fiscal year 2000.)
H.R. 2919 would not affect direct spending or receipts;
therefore, pay-as-you-go procedures would not apply.
The bill contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act. State
and local governments might incur some costs to match federal
funds authorized by the bill, but these costs would be
voluntary.
The CBO staff contacts are Deborah Reis and Ali Aslam (for
federal costs), and Majorie Miller (for the state and local
impact). This estimate was approved by Peter H. Fontaine,
Deputy Assistant Director for Budget Analysis.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
Preemption of State, Local, or Tribal Law
This bill is not intended to preempt State, local, or
tribal law.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (new matter is
printed in italic and existing law in which no change is
proposed is shown in roman):
SECTION 4 OF THE NATIONAL UNDERGROUND RAILROAD NETWORK TO FREEDOM ACT
OF 1998
SEC. 4. PRESERVATION OF HISTORIC SITES OR STRUCTURES.
(a) Authority to Make Grants.--The Secretary of the Interior
may make grants, in accordance with this section, to historic
sites or structures associated with the Underground Railroad
for the preservation and restoration of buildings or structures
listed on, or eligible for listing on, the National Register of
Historic Places.
(b) Grant Conditions.--Any grant made under this section
shall provide that--
(1) no change or alteration may be made in property
for which the grant is used except with the agreement
of the property owner and the Secretary;
(2) the Secretary shall have the right of access at
reasonable times to the public portions of such
property for interpretive and other purposes; and
(3) conversion, use, or disposal of such property for
purposes contrary to the purposes of this Act, as
determined by the Secretary, shall result in a right of
the United States to compensation equal to all Federal
funds made available to the grantee under this Act.
(c) Matching Requirement.--The Secretary may obligate funds
made available for a grant under this section only if the
grantee agrees to match, from funds derived from non-Federal
sources, the amount of the grant with an amount that is equal
to or greater than the grant. The Secretary may waive the
requirement of the preceding sentence with respect to a grant
if the Secretary determines that an extreme emergency exists or
that such a waiver is in the public interest to assure the
preservation of historically significant resources.
(d) Funding.--There are authorized to be appropriated to the
Secretary for purposes of this section $2,500,000 for fiscal
year 2001 and each subsequent fiscal year. Amounts authorized
but not appropriated in a fiscal year shall be available for
appropriation in subsequent fiscal years.