[House Report 113-193]
[From the U.S. Government Publishing Office]
113th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 113-193
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MINUTEMAN MISSILE NATIONAL HISTORIC SITE BOUNDARY MODIFICATION ACT
_______
September 10, 2013.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Hastings of Washington, from the Committee on Natural Resources,
submitted the following
R E P O R T
[To accompany S. 459]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (S. 459) 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, report
favorably thereon without amendment and recommend that the bill
do pass.
Purpose of the Bill
The purpose of S. 459 is to modify the boundary of the
Minuteman Missile National Historic Site in the State of South
Dakota.
Background and Need for Legislation
The Minuteman Missile National Historic Site in South
Dakota was established by Congress in 1999 to recognize the
importance of the Minuteman Missile Intercontinental Ballistic
Missile program. The U.S. Air Force administered over 1,000
Minuteman missiles in silos throughout the Midwest during the
Cold War. The Minuteman missiles were deactivated as part of
the Strategic Arms Reduction Treaty in 1991.
In 1993, the National Park Service and the U.S. Air Force
entered into a cooperative agreement to preserve two Minuteman
sites at Ellsworth Air Force Base in South Dakota. At the same
time, the Air Force completed a study to determine the
feasibility of adding the two sites to the National Park
System, culminating with the enactment of the Minuteman Missile
National Historic Site Establishment Act of 1999 (Public Law
106-115).
S. 459 amends the Minuteman Missile National Historic Site
Establishment Act of 1999 to modify the park boundary to
include a conveyance of land currently part of the Buffalo Gap
National Grasslands, administered by the U.S. Forest Service.
The expansion of the site will allow for the establishment of a
visitor facility, administrative site, and parking lot.
Committee Action
S. 459 was introduced on March 5, 2013, by Senator Tim
Johnson (D-SD). On June 19, 2013, the bill passed the Senate by
unanimous consent without amendment. The bill was then referred
to the Committee on Natural Resources, and within the Committee
to the Subcommittee on Public Lands and Environmental
Regulation. On July 19, 2013, the Subcommittee held a hearing
on the bill. On July 24, 2013, the full Resources Committee met
to consider S. 304. The Subcommittee on Public Lands and
Environmental Regulation was discharged by unanimous consent.
No amendments were offered and the bill was adopted and ordered
favorably reported to the House of Representatives by unanimous
consent.
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:
S. 459--Minuteman Missile National Historic Site Boundary Modification
Act
S. 459 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. 459 would have no significant effect on
the federal budget. Authority to transfer the land and to 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. 459 would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply.
S. 459 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.
On March 25, 2013, CBO transmitted a cost estimate for S.
459, the Minuteman Missile National Historic Site Boundary
Modification Act, as ordered reported by the Senate Committee
on Energy and Natural Resources on March 14, 2013. The two
versions of the legislation are identical, and the CBO cost
estimates are the same.
The CBO staff contact for this estimate is Martin von
Gnechten. The estimate was approved by Theresa Gullo, 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. Based on
information provided by the NPS, CBO estimates that
implementing S. 459 would have no significant effect on the
federal budget.
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 modify the boundary of the
Minuteman Missile National Historic Site in the State of South
Dakota.
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, existing law in which no change is
proposed is shown in roman):
MINUTEMAN MISSILE NATIONAL HISTORIC SITE ESTABLISHMENT ACT OF 1999
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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) Adjustments 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.
(b) Administration of Historic Site.--The Secretary shall
administer the historic site in accordance with this Act and
laws generally applicable to units of the National Park System,
including--
(1) the Act entitled ``An Act to establish a National
Park Service, and for other purposes'', approved August
25, 1916 (16 U.S.C. 1 et seq.); and
(2) the Act entitled ``An Act to provide for the
preservation of historic American sites, buildings,
objects, and antiquities of national significance, and
for other purposes'', approved August 21, 1935 (16
U.S.C. 461 et seq.).
(c) Coordination With Heads of Other Agencies.--The Secretary
shall consult with the Secretary of Defense and the Secretary
of State, as appropriate, to ensure that the administration of
the historic site is in compliance with applicable treaties.
(d) Cooperative Agreements.--The Secretary may enter into
cooperative agreements with appropriate public and private
entities and individuals to carry out this Act.
(e) Land Acquisition.--
(1) In general.--Except as provided in paragraph (2),
the Secretary may acquire land and interests in land
within the boundaries of the historic site by--
(A) donation;
(B) purchase with donated or appropriated
funds; or
(C) exchange or transfer from another Federal
agency.
(2) Prohibited acquisitions.--
(A) Contaminated land.--The Secretary shall
not acquire any land under this Act if the
Secretary determines that the land to be
acquired, or any portion of the land, is
contaminated with hazardous substances (as
defined in section 101 of the Comprehensive
Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601)),
unless, with respect to the land, all remedial
action necessary to protect human health and
the environment has been taken under that Act.
(B) South dakota land.--The Secretary may
acquire land or an interest in land owned by
the State of South Dakota only by donation or
exchange.
(f) General Management Plan.--
(1) In general.--Not later than 3 years after the
date funds are made available to carry out this Act,
the Secretary shall prepare a general management plan
for the historic site.
(2) Contents of plan.--
(A) New site location.--The plan shall
include an evaluation of appropriate locations
for a visitor facility and administrative site
within the areas depicted on the map described
in subsection (a)(2) as--
(i) ``Support Facility Study Area--
Alternative A''; or
(ii) ``Support Facility Study Area--
Alternative B''.
(B) New site boundary modification.--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.
(3) Coordination with badlands national park.--In
developing the plan, the Secretary shall consider
coordinating or consolidating appropriate
administrative, management, and personnel functions of
the historic site and the Badlands National Park.
* * * * * * *