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Calendar No. 198
108th Congress Report
1st Session 108-90
MARTIN LUTHER KING, JR. MEMORIAL
July 11, 2003.--Ordered to be printed
Mr. Domenici, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 470]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 470) to extend the authority for the
construction of a memorial to Martin Luther King, Jr., having
considered the same, reports favorably thereon with an
amendment and recommends 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. MEMORIAL TO MARTIN LUTHER KING, JR.
Section 508(b) of the Omnibus Parks and Public Lands Management Act
of 1996 (Public Law 104-333, as amended) is amended to read as follows:
``(b) Compliance With Standards for Commemorative Works.--
``(1) Except as provided in paragraph (2), the establishment
of the memorial shall be in accordance with chapter 89 of title
40, United States Code.
``(2) Notwithstanding section 8903(e) of title 40, United
States Code, the authority provided by this section terminates
on November 12, 2006.''.
Purpose of the Measure
The purpose of S. 470 is to extend the authority for the
construction of a memorial to Martin Luther King, Jr. for an
additional three years.
Background and Need
Section 508 of the Omnibus Parks and Public Lands Act (40
U.S.C. 8903 note; Public Law 104-333) authorized the
establishment of a memorial to honor Martin Luther King, Jr.
pursuant to the Commemorative Works Act. Section 10(b) of the
Commemorative Works Act (which has since been enacted as
positive law and recodified as 40 U.S.C. 8903(e)) provides that
legislative authority for a commemorative work expires seven
years after the date of enactment of the original authorization
unless a construction permit for the commemorative work has
Much progress has been made toward establishing the
Memorial. Congress has authorized placement of the Memorial
within Area I (Public Law 105-201), and a site on the northwest
side of the Tidal Basin has been approved. A design has been
chosen and pledges have been received for about a quarter of
the funds needed to build the Memorial.
Nonetheless, the Martin Luther King, Jr. National Memorial
Project Foundation, Inc., the organization responsible for
establishing the memorial, will not be able to begin
construction by November 12, 2003, as required by the
Commemorative Works Act. This legislation is needed to give the
Foundation an additional three years to raise the funds needed
to begin construction.
S. 470 was introduced by Senators Sarbanes, Warner,
Mikulski, Lugar, and Durbin on February 27, 2003. The
Subcommittee on National Parks held a hearing on S. 470 on June
At the business meeting on June 25, 2003, the Committee on
Energy and Natural Resources ordered S. 470, as amended,
The Committee on Energy and Natural Resources, in open
business session on June 25, 2003, by unanimous vote of a
quorum present, recommends that the Senate pass S. 470, if
amended as described herein.
During its consideration of S. 470, the Committee adopted
an amendment in the nature of a substitute. The substitute
clarifies the intent of the bill.
Section 1 amends section 508(b) of the Omnibus Parks and
Public Lands Management Act of 1996 to extend the authority for
the construction of a memorial to Martin Luther King, Jr., for
an additional 3 years, to November 12, 2006.
Cost and Budgetary Considerations
The following estimate of costs of this measure has been
provided by the Congressional Budget Office.
Congressional Budget Office,
Washington, DC, June 27, 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 S. 470, a bill to
extend the authority for the construction of a memorial to
Martin Luther King, Jr., in the District of Columbia.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Deborah Reis.
Peter H. Fontaine
(For Douglas Holtz-Eakin, Director).
S. 470--A bill to extend the authority for the construction of a
memorial to Martin Luther King, Jr., in the District of
S. 470 would extend until November 12, 2006, the authority
to construct a memorial to Martin Luther King, Jr., on federal
lands in Washington, DC. The extension would give the Alpha Phi
Alpha Fraternity, Inc. (the site's sponsor) an additional three
years to obtain the necessary funds and complete the project.
Under current law, authority to construct the site will expire
on November 12, 2003.
Because the prospective memorial is to be established with
nonfederal funds, extending the authority to build it would not
affect the federal budget. Enacting the legislation would not
affect direct spending or revenues.
S. 470 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
On June 16, 2003, CBO transmitted a cost estimate for H.R.
1209, a similar bill that was ordered reported by the House
Committee on Resources on June 11, 2003. The CBO cost estimates
for the two bills are identical.
The CBO staff contact for this estimate is Deborah Reis.
This 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 S. 470. The bill is not a regulatory measure in
the sense of imposing Government-established standards or
significant economic responsibilities on private individuals
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
Little, if any, additional paperwork would result from the
enactment of S. 470, as ordered reported.
On May 12, 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 S. 470. These reports
had not been received at the time the report on S. 470 was
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
National Park Service at the Subcommittee hearing follows:
Statement of P. Daniel Smith, Special Assistant to the Director,
National Park Service, Department of the Interior
Mr. Chairman, thank you for the opportunity to appear
before you today to present the views of the Department of the
Interior on S. 470, a bill that would grant a three-year
extension of the legislative authority for construction of the
memorial to Martin Luther King, Jr., in Washington, D.C.
The Department supports this legislation. We believe it is
wholly appropriate for Congress to grant more time to the
Martin Luther King, Jr. National Memorial Project Foundation,
Inc., the organization responsible for establishing the
memorial, to raise the funds necessary to build what we believe
will be a fitting tribute to the man who is recognized as the
preeminent leader of the American civil rights movement of the
The authorization to establish the Martin Luther King, Jr.
Memorial was enacted on November 12, 1996, as Public Law 104-
333. Under the Commemorative Works Act of 1986, authorizations
for memorials expire at the end of the seven-year period after
an authorization is enacted, unless a construction permit for
the memorial has been issued. The Foundation does not expect to
have raised the necessary funds to receive the construction
permit by November 12, 2003. Therefore, the authorization for
the memorial will expire on the date unless it is extended by
Much progress has been made toward establishing the Martin
Luther King, Jr. Memorial since it was authorized in 1996. In
1998, an ``Area I'' authorization was enacted. Area I
authorizations are joint resolutions that Congress must pass
deeming a subject matter of ``preeminent historical and lasting
significance to the Nation'' in order for a memorial to be
built in the area designated as Area I under the Commemorative
Works Act. Area I, the heart of the monumental core,
encompasses the National Mall and Tidal Basin areas.
In 1999, a site for the memorial, on the northwest side of
the Tidal Basin, was approved by the Secretary of the Interior,
the National Capital Planning Commission, and the Commission of
Fine Arts. A competition was held and a design concept for the
memorial was chosen from the approximately 900 entries
submitted. Currently, the Foundation is preparing an
environmental assessment, which is necessary for final approval
of the design. It is expected to be released for public comment
shortly. In the meantime, the Foundation is actively engaged in
fundraising for the memorial. Foundation representatives told
the National Capital Memorial Commission recently that they
have received pledges for about $25 million of the
approximately $100 million needed and intend to raise the
balance in the next three years.
Extensions of legislative authority have been granted
before for other memorial projects. Memorials authorized to be
constructed in the Nation's Capital must go through time-
consuming procedural steps. If they are relatively large
memorials, as the Martin Luther King, Jr. Memorial will be,
raising the necessary funds is often a daunting challenge.
Three recently constructed memorials--Women in Military Service
for America, World War II and George Mason--were granted time
extensions. Three authorized but not yet constructed
memorials--Black Revolutionary War Patriots, Thomas Paine, and
Victims of Commission--were granted extensions similar to that
proposed under S. 470.
Establishing a sunset clause for memorial projects has been
a policy of the Congress for more than 60 years. This policy
ensures that memorial sites will not be held indefinitely if,
for funding or other reasons, the sponsors of a memorial are
not able to build it. Nevertheless, the granting of at least
one extension to the initial authorization has precedent,
particularly in those circumstances when a memorial sponsor has
taken the time required to obtain an Area I authorization.
Mr. Chairman, that concludes my testimony and I would be
happy to answer any questions you may 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 bill S. 470, 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 104-333 as amended by Public Law 106-176
AN ACT To provide for the administration of certain Presidio properties
at minimal cost to the Federal taxpayer, and for other purposes
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
* * * * * * *
SEC. 508. MEMORIAL TO MARTIN LUTHER KING, JR.
(a) In General.--
* * * * * * *
[(b) Compliance With Standards for Commemorative Works.--
The establishment of the memorial shall be in accordance with
the Commemorative Works Act (40 U.S.C. 1001 et seq.).]
(b) Compliance With Standards for Commemorative Works.--
(1) Except as provided in paragraph (2), the
establishment of the memorial shall be in accordance
with chapter 89 of title 40, United States Code.
(2) Notwithstanding section 8903(e) of title 40,
United States Code, the authority provided by this
section terminates on November 12, 2006.
* * * * * * *