53(b) of the Federal Rules of Civil Procedure for the United States district courts.

(3) A magistrate may be assigned such additional duties as are not inconsistent with the Constitution and laws of the United States.

(4) Each district court shall establish rules pursuant to which the magistrates shall discharge their duties.

*

AUTHORIZING THE STUDY OF CERTAIN AREAS BY THE SECRETARIES OF AGRICULTURE AND THE INTERIOR

SEPTEMBER 17, 1976.-Committed to the Committee of the Whole House on the State of the Union and ordered to be printed

Mr. HALEY, from the Committee on Interior and Insular Affairs, submitted the following

REPORT

[To accompany H.R. 15558]

The Committee on Interior and Insular Affairs, to whom was referred the bill (H.R. 15558). To authorize the study of certain areas. by the Secretaries of Agriculture and the Interior, having considered the same, report favorably thereon with amendments and recommend that the bill as amended do pass.

The amendments are as follows:

Page 4, line 3, strike the word "statute" and insert in lieu thereof "statue".

Page 5, line 11, strike the figure "4," and insert in lieu thereof "404,"

Page 8, line 7, strike the figure "3(a)" and insert in lieu thereof "403(a)".

Page 9, line 19, strike "Agriculture," and insert in lieu thereof "Agriculture."

Page 10, following line 6, insert new Titles VI and VII reading as follows:

TITLE VI-GEORGE W. NORRIS HOME,

McCOOK, NEBRASKA

SEC. 601. The Secretary of the Interior shall prepare and transmit to the Committees on Interior and Insular Affairs of the Senate and House of Representatives within two years from the date of enactment of this Act a feasibility/suitability study of the George W. Norris home as a unit of the National Park System. The study shall include cost estimates for any necessary acquisition, development, operation, and maintenance, as well as any alternatives for the administration and protection of the area.

SEC. 602. There are authorized to be appropriated not to exceed $25,500 for the purposes of this title. No funds authorized to be appropriated pursuant to this title shall be available prior to October 1, 1977.

TITLE VII-MOUNT MITCHELL, NORTH

CAROLINA

SEC. 701. The Secretary of the Interior, in consultation with the Governor of the State of North Carolina and the Secretary of Agriculture, shall prepare and transmit to the Committees on Interior and Insular Affairs of the Senate and the House of Representatives within three years from the date of enactment of this Act a feasibility/suitability study of the Black Mountain Range of North Carolina, including the Mount Mitchell State Park, and the nearby Federally owned lands adjacent to the Blue Ridge Parkway, including the Craggy Mountains, as a proposed Mount Mitchell National Park. The study shall include cost estimates for any necessary acquisition, development, operation, and maintenance, as well as any alternatives for the administration and protection of the area.

SEC. 702. There are authorized to be appropriated not to exceed $50,000 for the purpose of this title. No funds authorized to be appropriated pursuant to this title shall be available prior to October 1, 1977.

PURPOSE

The purpose of H.R. 15558,1 as reported by the Committee on Interior and Insular Affairs, is to direct the preparation of suitability and feasibility studies by the appropriate Federal agencies which would:

1. consider for inclusion in the National Park System the Frederick Law Olmsted Home and Office in Massachusetts; the St. Pauls Church, Eastchester, in New York; the Kalaupapa Settlement on the island of Molokai, Hawaii; the Mount Mitchell area, North Carolina; and the George Norris Home, Nebraska;

2. consider an area in the Shawnee Hills, Illinois, for management by the U.S. Forest Service as a National Recreation Area; and

3. consider the establishment of a National Museum of Afro-American History and Culture at or near Wilberforce, Ohio.

1 H.R. 15558 was introduced on September 14, 1976 by Representatives Taylor of North Carolina, Mr. Brown of Ohio, Mr. Byron, Mr. Don H. Clausen, Mr. deLugo, Mr. Drinan, Mr. Howe, Mr. Johnson of California, Mr. Kastenmeier, Mr. Lagomarsino, Mr. Meeds, Mrs. Mink, Mr. Ottinger, Mr. Sebelius, Mr. Seiberling, Mr. Simon, Mr. Tsongas, and Mr. Won Pat. Related bills considered by the Committee during its deliberations included H.R. 1600 by Mr. Drinan, H.R. 10565 by Mr. Meeds, H.R. 12497 by Mr. Drinan, Mr. Badillo. Mr. Burke of Massachusetts, Ms. Chisholm, Mr. Gude. Mr. Harrington, Mr. Hyde, Mr. Ottinger, Mr. Reuss, Mr. Rodino, Mr. Scheuer, Mr. Seiberling, Ms. Spellman, Mr. Stark, Mr. Thompson, Mr. Tsongas, and Mr. Won Pat, H.R. 12718 by Mr. Drinan, Mr. Baucus, Mr. Dingell, Mr. Howe, and Mr. Murphy of New York, H.R. 13301 by Mr. Drinan and Mr. Mazzoli, H.R. 13458 by Mr. Drinan and Mr. Symington, H.R. 13470 by Mr. Stephens, and H.R. 13773 by Mr. Drinan and Mr. Moakley, H.J. Res. 667 by Mr. Ottinger, H.J. Res. 685 by Mr. Ottinger. Mr Peyser, Mr McHugh, Mr. Scheuer, Mr. Hastings. Mr. Hughes, Mr. Thompson, Mr. Helstoski, Mr. Roe, and Mr. Montgomery, H.J, Res. 220 by Mrs. Mink and H.R. 11180 by Mrs. Mink and H.R. 14732 by Mr. Simon.

BACKGROUND

Establishment of new units of the National Park System and National Recreation Areas is generally undertaken by the Congress after receiving the results of preliminary studies made by the appropriate federal agencies. These documents provide such vital information as the suitability of a given area for special designation by virtue of its natural, recreational, or historical importance, as well as the present condition of the studied area and the feasibility of managing it as part of the Federal program of park and recreation areas. This detailed information is an important aspect of Congressional consideration when authorization measures are deliberated.

H.R. 15558 is an omnibus measure which directs these needed studies to be prepared for the areas previously named. This orderly procedure would anticipate that, as a result of these studies being transmitted to the Congress, any future legislative action would have the factual materials and conclusions which these studies would include. Although the affected Secretaries could initiate such feasibility studies without specific Congressional action, enactment of H.R. 15558 would ensure that the identified areas will receive this attention at an early date.

SECTION-BY-SECTION ANALYSIS

Section 101 directs the Secretary of the Interior to prepare a suitability/feasibility report on the home and office of Frederick Law Olmsted in Brookline, Massachusetts, as a potential unit of the National Park System. The study is to include estimated costs for the acquisition, operation, development, and maintenance of the site, as well as any alternates for the administration and protection of the area. The study is to be completed and transmitted to the Committees on Interior and Insular Affairs of the Congress within two years from the enactment of this legislation,

The Committee recognized the importance of Frederick Law Olmsted as the father of American Landscape Architecture, and the significant contributions he made to the national park movement in this country as well. The Brookline property is important not only as a site to interpret these themes and commemorate Olmstead himself, but also as an invaluable repository of many of the original plans and drawings produced by the firm. The study should certainly address the need to protect this resource.

Section 102 authorizes not more than $25,000 to be appropriated for the study as directed in the preceeding section. No funds are to be available for this purpose until fiscal year 1978.

Section 201 directs a study similar to that authorized in section 101 to be completed with respect to Saint Paul's Church, Eastchester, in Mount Vernon, New York.

The Committee recognized the importance of the church for its numerous historical associations. Although the interest in the site has been focused on its association with the election which led to the trial and acquittal of John Peter Zenger on libel charges, the story of freedom of the press is one among several themes which should be explored in the study.

The Committee recognizes that Saint Paul's Church is in need of immediate work to prevent further deterioration of the site. The Secretary of the Interior should investigate the possibility of funding any urgently needed work pursuant to the cooperative agreement entered into in 1943. The possibility of matching grants being made available under the program authorized by the Historic Preservation Act of 1966 should also be investigated.

Section 202 authorizes up to $25,000 to be appropriated for the study of the church, subject to the same restrictions as in title I.

Section 301 directs a study to be made investigating the suitability and feasibility of establishing a National Museum of Afro-American History and Culture in the vicinity of Wilberforce, Ohio. Cost estimates similar to that of the other authorized studies should be provided, as should a full discussion of alternates for management of the museum. The Committee recognizes that the National Park Service has generally operated museums or other interpretive exhibits only as they relate to the historical resources of a site which is managed by the agency. The study should endeavor to provide a full range of management options which might be considered for the museum. Section 302 authorizes up to $25,000 to be appropriated for this study, with restrictions similar to the preceding titles.

Section 401 states the findings of the Congress of the importance of the Kalaupapa settlement on the island of Molokai in Hawaii. The particular contributions of Father Joseph Damien de Veuster are recognized. The unique and nationally significant cultural, historical, educational, and scenic resources of this area are recognized. The purposes of this title are stated as being both the preservation and interpretation of the site, and the intention to manage and preserve the area by Native Hawaiians, including patients and former patients of the settlement, by including such persons in the management and interpretation of the site.

Section 402 directs the Secretary to study the defined site as with the preceding titles. He is to consult with other interested Federal, State, and local agencies, patients and former patients of the settlement, and with the commission established by this legislation.

Section 403 directs the Secretary to submit his report to the President and the Congress within two years. The report is to contain a broad variety of findings on various aspects of the area. The report is to contain a detailed master plan for development of the area, including schedules for acquisition of the area, planned restoration of historic sites, estimates of park development and long-term operational costs, developmental programs for native Hawaiians, preservation of existing exclusive hunting and fishing rights for local residents, and provisions to prevent the dislocation of any patients or former patients currently residing in the area, including the maintenance of transportation and hospital services.

Section 404 establishes a Kalaupapa National Historical Park Advisory Commission, composed of 15 members, at least six of whom are to be native Hawaiians. The membership of the Commission is detailed, and a definition of the term "native Hawaiian" is included. Provisions are included for designating the Chairman of the Commission, and for filling vacancies which may occur. Commission members are to serve without pay, but reasonable expenses may be reimbursed by the Secretary.