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                                                       Calendar No. 476
107th Congress                                                   Report
                                 SENATE
 2d Session                                                     107-199

======================================================================



 
 BOOKER T. WASHINGTON NATIONAL MONUMENT BOUNDARY ADJUSTMENT ACT OF 2001

                                _______
                                

                 June 28, 2002.--Ordered to be printed

                                _______
                                

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

                              R E P O R T

                        [To accompany H.R. 1456]

    The Committee on Energy and Natural Resources, to which was 
referred the Act (H.R. 1456) to expand the boundary of the 
Booker T. Washington National Monument, and for the other 
purposes, having considered the same, reports favorably thereon 
without amendment and recommends that the Act do pass.

                                Purpose

    The purpose of H.R. 1456 is to expand the boundaries of the 
Booker T. Washington National Monument to authorize the 
Secretary of the Interior to acquire an approximately 15-acre 
parcel for inclusion in the Monument.

                          Background and Need

    On April 2, 1956, the Booker T. Washington National 
Monument was established in order to create a public national 
memorial to the great advocate for African-Americans. The 
Monument preserves and protects the birth site and childhood 
home of Booker T. Washington while interpreting his life and 
his significance in American history.
    In 1998, the National Park Service conducted a viewshed 
study for the Monument. The purpose of the study was to survey 
the surrounding lands in the highly visited areas of the park 
to determine the impact urban development would have on the 
preservation of this site. The study identified a 15-acre 
parcel of land for addition to the boundary based on its 
proximity to the birthplace site. The parcel has been on and 
off the real estate market for several years and is currently 
for sale. The land is currently in agricultural use. 
Acquisition of this parcel would provide a buffer zone between 
nearby development and the park. The expansion has widespread 
support from the surrounding communities in southwestern 
Virginia.

                          Legislative History

    H.R. 1456 passed the House of Representatives by voice vote 
on September 12, 2001. S. 1051, an identical companion measure, 
was introduced by Senators Warner and Allen on June 14, 2001. 
The Subcommittee on National Parks held a hearing on S. 1051 
and H.R. 1456 on February 14, 2002. The Committee on Energy and 
Natural Resources ordered H.R. 1456 favorably reported at its 
business meeting on June 5, 2002.

                        Committee Recommendation

    The Senate Committee on Energy and Natural Resources, in 
open business session on June 5, 2002, by a voice vote of a 
quorum present, recommends that the Senate pass H.R. 1456.

                      Section-by-Section Analysis

    Section 1 entitles the Act the ``Booker T. Washington 
National Monument Boundary Adjustment Act of 2001.''
    Section 2 amends the enabling legislation for the Booker T. 
Washington National Monument (16 U.S.C. 450ll et seq.) to 
modify its boundaries to include approximately 15 acres. The 
Secretary of the Interior is authorized to acquire the land or 
interests in the land from willing sellers by donation, 
purchase with donated or appropriated funds, or exchange.

                   Cost and Budgetary Considerations

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

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, June 11, 2002.
Hon. Jeff Bingaman,
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. 1456, the Booker 
T. Washington National Monument Boundary Adjustment Act of 
2001.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

H.R. 1456--Booker T. Washington National Monument Boundary Adjustment 
        Act of 2001

    H.R. 1456 would revise the boundary of the Booker T. 
Washington National Monument. Assuming appropriation of the 
necessary amounts, CBO estimates that implementing the 
legislation would cost the federal government less than 
$500,000. The act would not affect direct spending or receipts; 
therefore, pay-as-you-go procedures would not apply. The 
legislation contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would have not significant impact on the budgets of state, 
local, or tribal governments.
    H.R. 1456 would expand the boundary of the Booker T. 
Washington National Monument to include above 15 acres of 
adjacent land, which the National Park Service (NPS) could then 
acquire by purchase, donation, or exchange. The acquired 
acreage would be administered by the NPS.
    Based on information provided by the NPS and assuming 
appropriation of the necessary amounts, CBO estimates that the 
cost of acquiring the property that would be added to the 
monument would be less than $500,000 in fiscal year 2003. We 
estimate that there would be no significant additional cost to 
develop or manage the new acreage.
    On September 21, 2001, CBO transmitted a cost estimate for 
H.R. 1456 as ordered reported by the House Committee on 
Resources on September 12, 2001. The two versions of the 
legislation are identical, as are our cost estimates.
    The CBO staff contact for this estimate is Deborah Reis. 
The estimate was approved by Peter H. Fontaine, Deputy 
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. 1456. The bill is not a regulatory measure in 
the sense of imposing Government-established standards or 
significant 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. 1456.

                        Executive Communications

    The testimony provided by the National Park Service at the 
Subcommittee hearing follows:

  Statement of Durand Jones, Deputy Director, 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. 1456 and S. 1051, 
identical bills, both of which would expand the boundary of 
Booker T. Washington National Monument, Franklin County, 
Virginia.
    The Department gave testimony on H.R. 1456 before the House 
Subcommittee on National Parks, Recreation, and Public Land on 
July 24, 2001. The Department supports both H.R. 1456 and S. 
1051. The addition would not contribute to the National Park 
Service (NPS) maintenance backlog because the land would be 
added to the park agricultural permit program, and no 
additional facilities, operating funds or staffing will be 
needed. The current owners have indicated that they would be 
willing to sell the property to the United States. If 
authorized, this acquisition would be subject to NPS 
servicewide priorities and the availability of appropriations.
    The legislation will adjust the boundary of Booker T. 
Washington National Monument to authorize acquiring from 
willing sellers a parcel of approximately 15 acres abutting the 
northeast boundary of the park. The addition and preservation 
of this 15-acre tract will ensure that park visitors may 
experience an agricultural landscape while inside the park, in 
a region that is subject to extreme development pressure. Seven 
of the 15 acres were part of the original Burrough's farm where 
Booker T. Washington grew up.
    Booker T. Washington National Monument was authorized on 
April 2, 1956, to create a ``public national memorial to Booker 
T. Washington, noted Negro educator and apostle of good will * 
* *.'' Booker T. Washington National Monument preserves and 
protects the birth site and childhood home of Booker T. 
Washington while interpreting his life experiences and 
significance in American history as the most powerful African 
American between 1895 and 1915. The park provides a resource 
for public education and a focal point of continuing 
discussions about the legacy of Booker T. Washington and the 
evolving context of race in American society.
    The park is 224 acres of rolling hills, woodlands, and 
agricultural fields. The primary archaeological resources 
include the Burrough's house site, or ``Big House,'' two slave 
cabin sites with a 1960's reconstructed cabin on one of the 
sites. The agricultural landscape plays a critical role in the 
park's interpretation of Washington's life as an enslaved child 
during the Civil War. Many of his stories and experiences are 
centered on this small tobacco farm. In his autobiography, Up 
From Slavery, Washington frequently refers to the ``rural'' 
life and the influences it had upon him.
    A 1998 Viewshed Study conducted as a component of the 
park's March 2000 General Management Plan (GMP) identified this 
land as the most critical for addition to the boundary based on 
its elevation and proximity to the birthplace site. The parcel 
has been on and off the market for several years and is 
currently for sale. The land is currently used for open 
agricultural fields.
    The park is located near the regional recreation area of 
Smith Mountain Lake, which has growth in population and 
development in the last ten years. The park lies a half-mile 
from a commercial crossroads called Westlake Corner. This area 
has become the primary hub of services for the Smith Mountain 
Lake community and continues to grow. Acquisition of this 
parcel would provide the necessary buffer between this 
development and the park so that the visitors will be able to 
experience the area as it was during Booker T. Washington's 
life.
    Thank you for the opportunity to comment. This concludes my 
prepared remarks. I would be glad to answer any question that 
you or members of the subcommittee might have.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the Act H.R. 1456, as ordered reported, are shown as follows 
(existing law proposed to be omitted is enclosed in black 
brackets, new matter is printed in italic, existing law in 
which no change is proposed is shown in roman):

                             Public Law 464


  AN ACT To provide for the establishment of the Booker T. Washington 
                           National Monument

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That the 
Secretary of the Interior is authorized and directed to 
acquire, on behalf of the United States, by gift, purchase, or 
condemnation, all right, title, and interest in and to the real 
property located at Booker Washington Birthplace, Virginia.

           *       *       *       *       *       *       *


SEC. 5. ADDITIONAL LANDS.

    (a) Lands Added to Monument.--The boundary of the Booker T. 
Washington National Monument is modified to include the 
approximately 15 acres, as generally depicted on the map 
entitled ``Boundary Map, Booker T. Washington National 
Monument, Franklin County, Virginia'', numbered BOWA 404/
80,024, and dated February 2001. The map shall be on file and 
available for inspection in the appropriate offices of the 
National Park Service, Department of the Interior.
    (b) Acquisition of Additional Lands.--The Secretary of the 
Interior is authorized to acquire from willing owners the land 
or interests in land described in subsection (a) by donation, 
purchase with donated or appropriated funds, or exchange.
    (c) Administration of Additional Lands.--Lands added to the 
Booker T. Washington National Monument by subsection (a) shall 
be administered by the Secretary of the Interior as part of the 
monument in accordance with applicable laws and regulations.