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114th Congress    }                                      {      Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                      {     114-431

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



 
      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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