[Senate Report 111-258]
[From the U.S. Government Publishing Office]
Calendar No. 528
111th Congress Report
SENATE
2d Session 111-258
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NEW PHILADELPHIA, ILLINOIS, STUDY ACT
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August 5, 2010.--Ordered to be printed
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Mr. Bingaman, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 1629]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 1629) 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 with
amendments and recommends that the bill, as amended, do pass.
The amendments are as follows:
1. Beginning on page 1, strike line 6 and all that follows
through page 2, line 15.
2. On page 2, line 16, strike ``3'' and insert ``2''
3. On page 2, line 23, strike ``4'' and insert ``3''.
PURPOSE
The purpose of S. 1629 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, for possible inclusion as a
unit of the National Park System.
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.
LEGISLATIVE HISTORY
S. 1629 was introduced by Senator Burris on August 6, 2009.
Senator Durbin is a cosponsor. The Subcommittee on National
Parks held a hearing on the bill on March 17, 2010. 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.
COMMITTEE RECOMMENDATION
The Committee on Energy and Natural Resources, in open
business session on June 21, 2010, by a voice vote of a quorum
present, recommends that the Senate pass S. 1629, if amended as
designated herein.
COMMITTEE AMENDMENTS
During the consideration of S. 1629, the Committee adopted
amendments that struck the Congressional findings section and
renumbered the subsequent sections.
SECTION-BY-SECTION ANALYSIS
Section 1 provides the short title as the ``New
Philadelphia, Illinois, Study Act''.
Section 2 defines key terms used in the bill.
Section 3(a) authorizes the Secretary of the Interior
(Secretary) to conduct a special resource study.
Subsection (b) directs the 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, including consideration of alternatives
for the preservation, protection, and interpretation of New
Philadelphia, Illinois, by Federal, State, or local government
entities or any other interested individuals, and to identify
the costs estimates for any Federal acquisition, development,
interpretation, operation, and maintenance associated with the
range of management alternatives.
Subsection (c) directs that the study be conducted in
accordance with section 8 of Public Law 91-383, relating to
National Park Service study requirements.
Subsection (d) requires the Secretary to prepare and submit
for review the results, conclusions, and recommendations of the
study.
COST AND BUDGETARY CONSIDERATIONS
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
S. 1629--New Philadelphia, Illinois, Study Act
S. 1629 would require the National Park Service (NPS) to
conduct a special resource study of the New Philadelphia
archaeological site and surrounding lands in Illinois. Founded
in 1836 and designated a National Historic Landmark in 2009,
New Philadelphia was the first town founded, planned, and
legally recorded by a free African American, Frank McWorter. In
the study, the NPS would evaluate the national significance of
the area and determine the suitability and feasibility of
designating it as a unit of the National Park System. The
agency would have three years to complete the study and report
to the Congress on its results.
Based on information provided by the NPS and assuming the
availability of appropriated funds, CBO estimates that carrying
out the study required by S. 1629 would cost about $250,000
over the next three years. Enacting S. 1629 would not affect
direct spending or revenues; therefore, pay-as-you-go
procedures would not apply.
S. 1629 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 contacts for this estimate are Alan Eder and
Deborah Reis. The estimate was approved by Peter H. Fontaine,
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. 1629.
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 S. 1629, as ordered reported.
CONGRESSIONALLY DIRECTED SPENDING
S. 1629, 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 National Park Service at the
March 17, 2010 Subcommittee hearing on S. 1629 follows:
Statement of Daniel N. Wenk, Deputy Director, National Park Service,
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. 1629, 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.
The Department supports enactment of S. 1629. However, we
believe that priority should be given to the 47 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. 1629 authorizes a special resource study to evaluate the
national significance of New Philadelphia, Illinois, and to
determine the suitability and feasibility of designating the
site as a unit of the National Park System. The bill directs
the Secretary in the course of the resource study to consider
alternatives for the preservation, protection and
interpretation of New Philadelphia, Illinois, by Federal, State
or local government entities or any other interested
individuals, and to identify the costs estimates for any
Federal acquisition, development, interpretation, operation and
maintenance associated with the range of management
alternatives. 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.
New Philadelphia, 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 in decline when the
railroad bypassed the community in 1869; it was eventually
dissolved in 1885. The site of New Philadelphia, an
archeological site with no visible above-ground evidence, was
designated a National Historic Landmark on January 16, 2009.
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 the bill S. 1629, as
ordered reported.