[Senate Report 112-128]
[From the U.S. Government Publishing Office]
Calendar No. 289
112th Congress Report
SENATE
2d Session 112-128
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MINUTEMAN MISSILE NATIONAL HISTORIC SITE BOUNDARY MODIFICATION ACT
_______
January 13, 2012.--Ordered to be printed
Filed, under authority of the order of the Senate of December 17, 2011
_______
Mr. Bingaman, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 1478]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 1478) to modify the boundary of the
Minuteman Missile National Historic Site in the State of South
Dakota, and for other purposes, having considered the same,
reports favorably thereon without amendment and recommends that
the bill do pass.
Purpose
The purpose of S. 1478 is to modify the boundary of the
Minuteman Missile National Historic Site in the State of South
Dakota, to add approximately 29 acres of land to be used for a
visitor facility and administrative site.
Background and Need
In 1999, Congress established the Minuteman Missile
National Historic Site in South Dakota to recognize the
significance of the Minuteman Intercontinental Ballistic
Missile (ICBM) program. The ICBM was developed during the Cuban
missile crisis of 1962 and played a critical role in the Cold
War arms race as America's first ``push-button'' nuclear
missile.
The U.S. Air Force deployed over 1,000 Minuteman missiles
in underground silos throughout the central states during the
Cold War. As the Cold War was ending, the United States and the
former Soviet Union signed the Strategic Arms Reduction Treaty
(START) in 1991. This agreement required that all Minuteman
missiles be deactivated, including the missiles at Ellsworth
Air Force Base in South Dakota.
In 1993, the National Park Service and the Air Force
entered into a cooperative agreement to temporarily preserve
two Minuteman sites, the Delta One and Delta Nine sites at
Ellsworth Air Force Base. The Air Force simultaneously
requested and funded a Special Resource Study to assess the
suitability and feasibility of adding the sites to the National
Park System. After finding that the sites fit the criteria,
Congress enacted the Minuteman Missile National Historic Site
Establishment Act of 1999 (Public Law 106-115). S. 1478
modifies the park boundary to include land currently
administered as part of the Buffalo Gap National Grasslands, on
which to establish a visitor facility, administrative site, and
parking lot.
Legislative History
S. 1478 was introduced by Senator Johnson of South Dakota
and Thune on August 2, 2011. The Subcommittee on National Parks
held a hearing on S. 1478 on October 19, 2011. At its business
meeting on November 10, 2011, the Committee on Energy and
Natural Resources ordered S. 1478 favorably reported without
amendment.
A similar bill, S. 2726, was introduced in the 111th
Congress by Senator Johnson on November 4, 2009. The
Subcommittee on National Parks held a hearing on the bill on
December 3, 2009 (S. Hrg. 111-318). The Committee on Energy and
Natural Resources ordered S. 2726 favorably reported with an
amendment on August 5, 2010 (S. Rpt. 111-262).
Committee Recommendation
The Committee on Energy and Natural Resources, in open
business session on November 10, 2011, by a voice vote of a
quorum present, recommends that the Senate pass S. 1478.
Section-by-Section Analysis
Section 1 provides the short title, the ``Minuteman Missile
National Historic Site Boundary Modification Act.''
Section 2 amends section 3(a) of the Minuteman Missile
National Historic Site Establishment Act (Public Law 106-115;
16 U.S.C. 461 note) to include in the historic site a 25-acre
parcel on which the visitor facility and administrative offices
are to be located, and an additional 3.65 acre parcel for a
parking lot and for other administrative uses. Administrative
jurisdiction over the site is transferred from the Secretary of
Agriculture to the Secretary of the Interior, and the
boundaries of the Buffalo Gap National Grassland are modified
to exclude the site.
Cost and Budgetary Considerations
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
S. 1478--Minuteman Missile National Historic Site Boundary Modification
Act
S. 1478 would approve the transfer of administrative
jurisdiction of about 29 acres of the Buffalo Gap National
Grasslands from the Forest Service to the National Park Service
(NPS). The NPS would use the land for a visitor center,
administrative site, and parking lot for the Minuteman Missile
National Historic Site in South Dakota.
Based on information provided by the NPS, CBO estimates
that implementing S. 1478 would have no significant effect on
the federal budget. Authority to transfer the land and build
and operate a facility was provided in the legislation that
established the park unit in 1999. At that time, CBO estimated
that the cost of constructing the facility would be about $5
million. That amount has already been appropriated for the
project. Enacting S. 1478 would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply.
S. 1478 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
The CBO staff contact for this estimate is Martin von
Gnechten. The estimate was approved by Theresa Gullo, 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. 1478.
The bill is not a regulatory measure in the sense of
imposing Government-established standards or significant
economic 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 S. 1478, as ordered reported.
Congressionally Directed Spending
S. 1478, as ordered reported, does not contain any
congressionally directed spending items, limited tax benefits,
or limited tariff benefits as defined in rule XLIV of the
Standing Rules of the Senate.
Executive Communications
The testimony provided by the National Park Service at the
October 19, 2011, Subcommittee on National Parks hearing on S.
1478 follows.
Statement of William D. Shaddox, Acting Associate Director for Park
Planning, Facilities, and Lands, National Park Service, Department of
the Interior
Mr. Chairman, thank you for the opportunity to appear
before your committee to present the views of the Department of
the Interior on S. 1478, a bill to modify the boundary of the
Minuteman Missile National Historic Site in the State of South
Dakota.
The Department supports S. 1478. This bill would transfer
administrative jurisdiction over two parcels of Buffalo Gap
National Grasslands from the U.S.D.A. Forest Service (FS) to
the National Park Service (NPS) for administration as part of
Minuteman Missile National Historic Site in Philip, South
Dakota. Of the land transferred, 25 acres would be used for a
visitor facility and administrative site and an additional 3.65
acres would be used for the construction of a parking lot and
other administrative uses.
The new visitor facility and administrative site would be
located north of exit 131 on Interstate 90 in Jackson County,
South Dakota. Minuteman Missile's enabling legislation states,
``On a determination by the Secretary of the appropriate
location for a visitor facility and administrative site, the
boundary of the historic site shall be modified to include the
selected site.'' The enabling legislation also included a map
of the visitor center site indicating that the proposed area
would be 10 acres in size. Later planning indicated that a
minimum size for the visitor center site would require 25
acres. National Park Service (NPS) and FS personnel, in
consultation with our respective solicitors, have determined
that in view of the increase in acreage, it would be
appropriate to provide for that increase in new legislation.
There would be no cost involved in this land transfer.
The 3.65 acres is located directly adjacent to the Delta 1
Launch Control Facility. The parking lot will be used to
accommodate visitors to this facility. Currently, visitors must
park inside in the fence of the launch facility, but this is an
intrusion on the cultural landscape. In addition, the parking
lot is not large enough to accommodate all visitors to this
site.
The FS is in agreement with the recommended land transfers
and has provided Minuteman Missile National Historic Site with
an outline of the land transfer process. The NPS architects and
engineers conducted an on-site visit in March 2009 to determine
the number of acres necessary for the land transfer. They met
with representatives from the FS and agreed to the transfer.
Public Law 106-115 established the Minuteman Missile
National Historic Site. The General Management Plan/
Environmental Impact Statement (GMP/EIS) scoping began in 2001
and the record of decision was signed on July 2, 2009. The
GMP's preferred alternative included the development of a
visitor center/administrative facility and a land transfer from
the FS to the NPS for the site of the facility and recommended
the preferred location at I-90 South Dakota Exit 131 with up to
25 acres for the complete facility. The GMP also recommended
the development of an unpaved parking lot and other support
functions on the 3.65 acres at the Delta 1 Launch Control
Facility to provide for additional opportunities for visitors
arriving in commercial and school groups, RVs and passenger
vehicles.
The estimated cost to build the visitor center and
administrative site is $4.4 million, and the estimated cost of
annual operations and maintenance of both facilities would be
approximately $750,000. All funds would be subject to NPS
priorities and the availability of appropriations.
The transfer between the NPS and the FS would be conducted
in accordance with applicable laws, regulations, and policies.
Mr. Chairman, this concludes my testimony. I look forward
to working with the Committee on a technical issue with the map
reference. I am prepared to answer any questions from members
of the Committee.
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. 1478, 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):
MINUTEMAN MISSILE NATIONAL HISTORIC SITE ESTABLISHMENT ACT OF 1999
(Public Law 106-115; Approved November 29, 1999)
AN ACT To establish the Minuteman Missile National Historic Site in the
State of South Dakota, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
* * * * * * *
SEC. 3. MINUTEMAN MISSILE NATIONAL HISTORIC SITE.
(a) Establishment.--
(1) In general.--The Minuteman Missile National
Historic Site in the State of South Dakota (referred to
in this Act as the ``historic site'') is established as
a unit of the National Park System.
(2) Components of site.--The historic site shall
consist of the land and interests in land comprising
the Minuteman II ICBM launch control facilities, as
generally depicted on the map referred to as
``Minuteman Missile National Historic Site'', numbered
406/80,008 and dated September, 1998, including--
(A) the area surrounding the Minuteman II
ICBM launch control facility depicted as
``Delta 1 Launch Control Facility''; and
(B) the area surrounding the Minuteman II
ICBM launch control facility depicted as
``Delta 9 Launch Facility''.
(3) Visitor facility and administrative site.--
(A) In general.--In addition to the
components described in paragraph (2), the
historic site shall include a visitor facility
and administrative site located on the parcel
of land described in subparagraph (B).
(B) Description of land.--The land referred
to in subparagraph (A) consists of--
(i) approximately 25 acres of land
within the Buffalo Gap National
Grassland, located north of exit 131 on
Interstate 90 in Jackson County, South
Dakota, as generally depicted on the
map entitled ``Minuteman Missile
National Historic Site Boundary
Modification'', numbered 406/80,011A,
and dated January 14, 2011; and
(ii) approximately 3.65 acres of land
located at the Delta 1 Launch Control
Facility for the construction and use
of a parking lot and for other
administrative uses.
(C) Availability of map.--The map described
in subparagraph (B) shall be kept on file and
available for public inspection in the
appropriate offices of the National Park
Service.
(D) Transfer of administrative
jurisdiction.--Administrative jurisdiction over
the land described in subparagraph (B) is
transferred from the Secretary of Agriculture
to the Secretary, to be administered as part of
the historic site.
(E) Boundary adjustment.--The boundaries of
the Buffalo Gap National Grassland are modified
to exclude the land transferred under
subparagraph (D).
[(3)](4) Availability of map.--The map described in
paragraph (2) shall be on file and available for public
inspection in the appropriate offices of the National
Park Service.
[(4)](5) Adustments to boundary.--The Secretary of
the Interior (referred to in this Act as the
``Secretary'') is authorized to make minor adjustments
to the boundary of the historic site.
* * * * * * *