[House Report 114-431]
[From the U.S. Government Publishing Office]
114th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 114-431
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MARTIN LUTHER KING, JR. NATIONAL HISTORICAL PARK ACT OF 2016
_______
February 24, 2016.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Bishop of Utah, from the Committee on Natural Resources, submitted
the following
R E P O R T
[To accompany H.R. 2880]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 2880) to redesignate the Martin Luther King,
Junior, National Historic Site in the State of Georgia, and for
other purposes, 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 all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Martin Luther King, Jr. National
Historical Park Act of 2016''.
SEC. 2. MARTIN LUTHER KING, JR. NATIONAL HISTORICAL PARK.
The Act entitled ``An Act to establish the Martin Luther King,
Junior, National Historic Site in the State of Georgia, and for other
purposes'' (Public Law 96-428) is amended--
(1) in subsection (a) of the first section, by striking ``the
map entitled `Martin Luther King, Junior, National Historic
Site Boundary Map', number 489/80,013B, and dated September
1992'' and inserting ``the map entitled `Martin Luther King,
Jr. National Historical Park Proposed Boundary Revision',
numbered 489/128,786 and dated June 2015'';
(2) by striking ``Martin Luther King, Junior, National
Historic Site'' each place it appears and inserting ``Martin
Luther King, Jr. National Historical Park'';
(3) by striking ``national historic site'' each place it
appears and inserting ``national historical park'';
(4) by striking ``historic site'' each place it appears and
inserting ``historical park''; and
(5) by striking ``historic sites'' in section 2(a) and
inserting ``historical parks''.
SEC. 3. REFERENCES.
Any reference in a law (other than this Act), map, regulation,
document, paper, or other record of the United States to ``Martin
Luther King, Junior, National Historic Site'' shall be deemed to be a
reference to ``Martin Luther King, Jr. National Historical Park''.
Purpose of the Bill
The purpose of H.R. 2880 is to redesignate the Martin
Luther King, Junior, National Historic Site in the State of
Georgia.
Background and Need for Legislation
On October 10, 1980, Congress passed Public Law 96-428,
establishing Martin Luther King, Jr. National Historic Site,
to, ``. . . protect and interpret for the benefit, inspiration
and education of present and future generations the places
where Martin Luther King, Junior, was born, where he lived,
worked, and worshipped, and where he is buried. . . .''
The original boundary of the Historic Site was generally
centered on a portion of Auburn Avenue in Atlanta, Georgia,
that includes Martin Luther King, Jr.'s birthplace, Ebenezer
Baptist Church, and the immediate neighborhood. The legislation
also designated a Preservation District that extended
protection beyond the immediate neighborhood surrounding Dr.
King's birthplace and Ebenezer Baptist Church to include the
broader Sweet Auburn community's commercial district.
Since 1980, Congress has twice modified the boundaries of
the Historic Site and Preservation District (Public Law 102-575
and Public Law 108-314). H.R. 2880 further modifies the
boundaries to include the Prince Hall Masonic Temple. The
Prince Hall Masonic Temple is where the Southern Christian
Leadership Conference (SCLC) established its initial
headquarters on Auburn Avenue in Atlanta, Georgia, in 1957.
This historic and distinguished civil rights organization was
co-founded by Dr. King, who also served as its first president.
The SCLC has now relocated to another building on the same
block. Including the Prince Hall Masonic Temple within the
unit's boundary permits the National Park Service to provide
technical assistance to the building's owners with respect to
repairs, renovations, and maintenance that would preserve its
historic integrity.
H.R. 2880 also redesignates the National Historic Site as a
National Historical Park. The titles given to various areas
managed by the National Park Service vary widely, but Congress
has generally tried to give similar titles to areas that
contain certain common features. National Historical Parks are
commonly areas of greater physical extent and complexity than
National Historic Sites, which may only contain a single
building. Redesignation of the Historic Site does not affect
the laws or policies that govern the area.
Committee Action
H.R. 2880 was introduced on June 24, 2015, by Congressman
John Lewis (D-GA). The bill was referred to the Committee on
Natural Resources, and within the Committee to the Subcommittee
on Federal Lands. On February 2, 2016, the Natural Resources
Committee met to consider the bill. The Subcommittee was
discharged by unanimous consent. Congressman Tom McClintock (R-
CA) offered an amendment designated #1. The amendment was
adopted by unanimous consent. No other amendments were offered,
and the bill, as amended, was ordered favorably reported to the
House of Representatives by unanimous consent on February 3,
2016.
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.
Compliance With House Rule XIII
1. Cost of Legislation. Clause 3(d)(1) 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)(2)(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. 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. 2880--Martin Luther King, Jr. National Historical Park Act of 2015
H.R. 2880 would designate the Martin Luther King, Junior,
National Historic Site in Atlanta, Georgia as the Martin Luther
King, Junior, National Historic Park and expand its existing
boundaries to include the original headquarters of the Southern
Christian Leadership Conference (SCLC). The SCLC is a civil
rights organization co-founded by Dr. King.
Based on information provided by the National Park Service,
CBO estimates that any cost to provide financial and technical
assistance for maintenance and upkeep of the privately owned
headquarters would be insignificant; any such spending would be
subject to the availability of appropriated funds.
Because enacting H.R. 2880 would not affect direct spending
or revenues, pay-as-you-go procedures do not apply. CBO
estimates that enacting H.R. 2880 would not increase net direct
spending or on-budget deficits in any of the four consecutive
10-year period beginning in 2027.
H.R. 2880 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of state, local, or tribal
governments.
The CBO staff contact for this estimate is Marin Burnett.
The estimate was approved by H. Samuel Papenfuss, Deputy
Assistant Director for Budget Analysis.
2. Section 308(a) of 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. The Congressional
Budget Office has concluded that ``any cost . . . would be
insignificant'' and subject to appropriation.
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 is to redesignate the Martin Luther
King, Junior, National Historic Site in the State of Georgia.
Earmark Statement
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
Compliance With H. Res. 5
Directed Rule Making. The Chairman does not believe that
this bill directs any executive branch official to conduct any
specific rule-making proceedings.
Duplication of Existing Programs. This bill does not
establish or reauthorize a program of the federal government
known to be duplicative of another program. Such program was
not included in any report from the Government Accountability
Office to Congress pursuant to section 21 of Public Law 111-139
or identified in the most recent Catalog of Federal Domestic
Assistance published pursuant to the Federal Program
Information Act (Public Law 95-220, as amended by Public Law
98-169) as relating to other programs.
Preemption of State, Local or Tribal Law
This bill is not intended to preempt any 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 (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):
PUBLIC LAW 96-428
AN ACT To establish the Martin Luther King, Junior, National Historic
Site in the State of Georgia, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That (a) in
order to protect and interpret for the benefit, inspiration,
and education of present and future generations the places
where Martin Luther King, Junior, was born, where he lived,
worked, and worshipped, and where he is buried, there is hereby
established the [Martin Luther King, Junior, National Historic
Site] Martin Luther King, Jr. National Historical Park in the
State of Georgia. The [national historic site] national
historical park shall consist of that real property in the city
of Atlanta, Georgia, within the boundary generally depicted on
[the map entitled ``Martin Luther King, Junior, National
Historic Site Boundary Map'', number 489/80,013B, and dated
September 1992] the map entitled ``Martin Luther King, Jr.
National Historical Park Proposed Boundary Revision'', numbered
489/128,786 and dated June 2015, together with the property
known as 234 Sunset Avenue, Northwest. The map referred to in
this subsection shall be on file and available for public
inspection in the local and Washington, District of Columbia
offices of the National Park Service, Department of the
Interior.
(b) In furtherance of the purposes of this Act, there is
hereby established the Martin Luther King, Junior, Preservation
District, which shall consist of the area identified as
``Preservation District'' inthe map referred to in subsection
(a) of this section.
Sec. 2. (a) The Secretary of the Interior (hereinafter
referred to as ``the Secretary'') shall administer the [Martin
Luther King, Junior, National Historic Site] Martin Luther
King, Jr. National Historical Park and Preservation District in
accordance with the provisions of this Act, and the provisions
of law generally applicable to national [historic sites]
historical parks, including the Act of August 25, 1916 (39
Stat. 535; 16 U.S.C. 1,2-4) and the Act of August 21,1935 (49
Stat. 666; 16 U.S.C. 461-7).
(b)(1) Within the [national historic site] national
historical park the Secretary is authorized to acquire by
donation, purchase with donated or appropriated funds,
transfer, or exchange, lands and interests therein, except that
property owned by the State of Georgia or any political
subdivision thereof may be acquired only by donation.
(2) Notwithstanding the acquisition authority
contained in paragraph(1), any lands or interests
therein which are owned wholly or in part, by the widow
of Martin Luther King, Junior, or by the Martin Luther
King, Junior, Center for Social Change, shall be
acquired only with the consent of the owner thereof,
except that--
(A) the Secretary may acquire such property
in accordance with the provisions of this
section if he determines that the property is
undergoing or is about to undergo a change in
use which is inconsistent with the purposes of
this Act, and
(B) with respect to properties owned by the
Center for Social Change, the Secretary shall
have the first right of refusal to purchase
such property for a purchase price not
exceeding the fair market value of such
property on the date it is offered for sale.
(3) Property may be acquired pursuant to this section
subject to such conditions and reservations as in the
judgment of the Secretary are not inconsistent with the
purposes of this Act and the administration of the
[national historic site] national historical park,
including, in the event that the burial site of Martin
Luther King, Junior, is acquired, the condition that
his widow may be interred therein.
(4) Any and all legal or equitable title, interests,
or encumbrances, if any, held by the Department of
Housing and Urban Development in the property
designated ``Parcel A'' on the map referenced in
section one are hereby conveyed to the Secretary to be
administered in accordance with the purposes of this
Act.
(5) Structural space requirements of the National
Park Service tomeet its administrative, operational,
and interpretive functions for the [national historic
site] national historical park and preservation
district shall, to the maximum extent feasible without
displacing residents, be met within the district
through the adaptive use of existing structures.
Sec. 3. (a) Within the [national historic site] national
historical park, the Secretary may convey a freehold or
leasehold interest in any property, for such sums as he deems
appropriate, and subject to such terms and conditions and
reservations as will assure the use of the property in a manner
which is, in the judgment of the Secretary, consistent with the
purposes of this Act and the administration of the [national
historic site] national historical park. The Secretary shall
offer the last owner or tenant of record a reasonable
opportunity to purchase or lease, as appropriate, the property
proposed to be conveyed prior to any conveyance under this
subsection, and in the case of a lease to such tenant of
record, the initial rental charge shall not be substantially
more than the last rent paid by the tenant for that property,
with any future increases not to exceed the general escalation
of rental rates in the surrounding area.
(b) The Secretary ma enter into cooperative agreements with
the owners of properties o f historical or cultural
significance as determined by the Secretary, pursuant to which
the Secretary may mark,interpret, improve, restore, and provide
technical assistance with respect to the preservation and
interpretation of such properties. Such agreements shall
contain, but need not be limited to, provisions that the
Secretary shall have the right of access at reasonable times to
public portions of the property for interpretive and other
purposes, and that no changes or alterations shall be made in
the property except by mutual agreement. The authorities in
this subsection shall also be available to the Secretary with
respect to properties within the Martin Luther King, Junior,
Preservation District.
(c) The Secretary may, in carrying out his authorities with
respect to the interpretation of properties within the
[national historic site] national historical park and the
preservation district, accept the services and assistance, with
or without reimbursement therefor, of qualified persons and
entities to the extent he deems necessary and appropriate.
Funds appropriated for the purposes of this Act may be expended
for the improvement, restoration, and maintenance of properties
in which the Secretary has acquired a leasehold interest.
(d) Notwithstanding any other provision of law, the Secretary
shall give first preference to the Martin Luther King, Junior,
Center for Social Change with respect to any contract for a
concession to sell books, postcards, tapes, or similar types of
appropriate mementos related to the purposes of this Act, on
facilities operated and maintained by the Secretary within the
[historic site] historical park: Provided, That agreement can
be reached on terms and conditions acceptable to the Secretary.
(e) The Secretary is authorized to take only such actions
within and upon the grounds of the Ebenezer Baptist Church as
will directly support appropriate public visitation to and
within the church in accordance with the purposes of this Act,
or which will assist in the maintenance or preservation of
those portions of said church which are directly related to the
purposes of this Act.
Sec. 4. (a) There is hereby established the [Martin Luther
King, Junior, National Historic Site] Martin Luther King, Jr.
National Historical Park Advisory Commission (hereinafter
referred to in this section as the ``Commission''). The
Commission shall consist of thirteen members, eleven of whom
shall be appointed by the Secretary as follows:
(1) three members appointed for terms of three years
from recommendations submitted by the governing body of
the Martin Luther King, Junior, Center for Social
Change;
(2) two members appointed for terms of four years
from recommendations submitted by the Governor of the
State of Georgia, one of whom shall have professional
expertise in historic preservation matters;
(3) two members appointed for terms of five years
from recommendations submitted by the mayor of the city
of Atlanta, Georgia, one of whom shall represent the
economic and cultural interests of the Sweet Auburn
Historic District;
(4) one member appointed for a term of five years
from recommendations submitted by the governing body of
the Ebenezer Baptist Church;
(5) the Chairman of the Atlanta Urban Design
Commission and one additional member from the
Commission to be chosen by the Commission; and
(6) one member, appointed for a term of five years by
the Secretary, who shall chair the Commission. In
addition to the foregoing members, Mrs. Coretta Scott
King, or such other appropriate family member as may be
designated by the immediate family of Martin Luther
King, Junior, and the Director of the National Park
Service shall be ex officio members of the Commission.
(b) Any vacancy in the membership of the Commission shall be
filled in the same manner in which the original appointment was
made. Members of the Commission shall serve without
compensation as such, but the Secretary may pay expenses of
Commission members reasonably incurred by them in carrying out
their responsibilities under this section upon presentation of
vouchers signed by the chair of the Commission. Necessary
administrative services and expenses shall be provided to the
Commission by the Department of the Interior.
(c) The function of the Commission shall be to:
(1) advise the Secretary with respect to the
formulation and execution of plans for and the overall
administration of the [national historic site] national
historical park and the preservation district,
including advice with respect to the consummation of
cooperative agreements, and interpretation of
properties, and the use and appreciation of the
[national historic site] national historical park and
the preservation district by the public;
(2) prepare a generalized impact area plan for a one-
mile radius outside the District which shall examine
overall community development goals, plans, and efforts
within that area, including historic preservation,
transportation, parking, housing, urban revitalization,
and parks and recreation functions, in order to
maximize beneficial relationships between these goals,
plans, and efforts and the district herein established;
and
(3) prepare, on the basis of the findings and
recommendations of the impact area plan required by the
preceding paragraph, a detailed development plan for
the neighborhoods and outlying commercial areas
immediately outside the district for such development,
conservation, preservation, rehabilitation activities
and transportation, parking, and land use planning as
would complement and enhance the District and the
purposes for which the District is established.
(d) The Secretary is directed to provide the appropriate
planning agency of the city of Atlanta an amount of the local
planning funds authorized by section 6 sufficient for that
agency to provide such staff and technical assistance to the
Advisory Commission as are required for it to develop the plans
required by subsection (c) of this section. Such plans,
prepared in full coordination with and opportunities for
participation by, all relevant public agencies and private
groups, shall be delivered to the Secretary in a timely fashion
for use in preparing the general management plan for the
district.
(e) The Commission shall terminate ten years from the
effective date of this Act.
Sec. 5. Notwithstanding any other provision of law, no fees
shall be charged for entrance or admission to the [national
historic site] national historical park or the preservation
district established by this Act.
Sec. 6. Effective October 1, 1980, there are authorized to be
appropriated such sums as may be necessary to carry out the
provisions of this Act. Notwithstanding any other provision of
this Act, authority to enter into contracts, to incur
obligations, or to make payments under this Act shall be
effective only to the extent, and in such amounts, as are
provided in advance in appropriation Acts.
Sec. 7. (a) In order to better integrate the east and west
portions of the Martin Luther King, Junior, Preservation
District, the Federal Highway Administration, in cooperation
with the Georgia Department of Transportation:, is hereby
directed to insure that any design and reconstruction of the
North Interstate 85 and Interstate 75Expressway over Auburn and
Edgewood Avenues in the city of Atlanta, Georgia, and the
interchange at Edgewood Avenue, shall minimize the adverse
impacts on the preservation district.
(b) In carrying out the provisions of this subsection, the
Federal Highway Administration shall require that, where
feasible, any major change required for the Auburn Avenue
overpass results m a design which permits a wider distance
between overpass support structures and the disposition of
understructure development rights for appropriate business or
recreation uses.
(c) Plans for the construction, exterior renovation, or
demolition of any structure or change in land use within the
preservation district by the National Park Service or any
Federal agency must be submitted to the Atlanta Urban Design
Commission in a timely fashion for its review and comment.
Sec. 8. Within three complete fiscal years from the effective
date of this Act, the Secretary shall submit to the Committee
on Interior and Insular Affairs of the United States House of
Representatives and the Committee on Energy and Natural
Resources of the United States Senate, a comprehensive general
management plan for the [historic site] historical park and the
preservation district consistent with the provisions of this
Act and pursuant to the provisions of section 12(b) of the Act
of August 18, 1970 (84 Stat. 8251, as amended (16 U.S.C. la-1
et seq.).
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