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                                                       Calendar No. 633
105th Congress                                                   Report
                                 SENATE

 2d Session                                                     105-390
_______________________________________________________________________


 
          MINUTEMAN MISSILE NATIONAL HISTORIC SITE ACT OF 1998

                                _______
                                

  October 9 (legislative day, October 2), 1998.--Ordered to be printed

_______________________________________________________________________


  Mr. Murkowski, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 2284]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 2284) to establish the Minuteman Missile 
National Historic Site in the State of South Dakota, and for 
other purposes, 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. SHORT TITLE.

    This Act may be cited as the ``Minuteman Missile National Historic 
Site Establishment Act of 1998''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--The Congress finds that--
          (1) the Minuteman II intercontinental ballistic missile 
        (hereinafter referred to as ``ICBM'') launch control facility 
        and launch facility known as ``Delta 1'' and ``Delta 9'', 
        respectively, have national significance as the best preserved 
        examples of the operational character of American history 
        during the Cold War;
          (2) the facilities are symbolic of the dedication and 
        preparedness exhibited by the missileers of the Air Force 
        stationed throughout the upper Great Plains in remote and 
        forbidding locations during the Cold War;
          (3) the facilities provide a unique opportunity to illustrate 
        the history and significance of the Cold War, the arms race, 
        and ICBM development; and
          (4) the National Park System does not contain a unit that 
        specifically commemorates or interprets the Cold War.
    (b) Purposes.--The purposes of this Act are--
          (1) to preserve, protect, and interpret for the benefit and 
        enjoyment of present and future generations the structures 
        associated with the Minuteman II missile defense system;
          (2) to interpret the historical role of the Minuteman II 
        missile defense system in the broader context of the Cold War 
        and the role of the system as a key component of America's 
        strategic commitment to preserve world peace; and
          (3) to complement the interpretive programs relating to the 
        Minuteman II missile defense system offered by the South Dakota 
        Air and Space Museum at Ellsworth Air Force Base.

SEC. 3. MINUTEMAN MISSILE NATIONAL HISTORIC SITE.

    (a) Establishment.--(1) The Minuteman Missile National Historic 
Site in the State of South Dakota (hereinafter referred to as the 
``historic site'') is hereby established as a unit of the National Park 
System. The historic site shall consist of lands and interests therein 
comprising the following 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:
          (A) an area surrounding the Minuteman II ICBM launch control 
        facility depicted as ``Delta 1 Launch Control Facility''; and
          (B) an area surrounding the Minuteman II ICBM launch control 
        facility depicted as ``Delta 9 Launch Facility''.
    (2) The map described in paragraph (1) shall be on file and 
available for public inspection in the appropriate offices of the 
National Park Service.
    (3) The Secretary of the Interior (hereinafter referred to 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 
the Act of August 25, 1916 (16 U.S.C. 1,2-4) and the Act of August 21, 
1935 (16 U.S.C. 461-467).
    (c) Coordination with Secretary of Defense.--The Secretary shall 
consult with the Secretary of Defense and the Secretary of State, as 
appropriate, to ensure that 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 in furtherance of the purposes of this Act.
    (e) Land Acquisition.--(1) Except as provided in paragraph (2), the 
Secretary is authorized to acquire lands and interests therein within 
the boundaries of the historic site by donation, purchase with donated 
or appropriated funds, exchange or transfer from another Federal 
agency: Provided, That lands or interests therein owned by the State of 
South Dakota may only be acquired by donation or exchange.
    (2) The Secretary shall not acquire any lands pursuant to this Act 
if the Secretary determines that such lands, or any portion thereof, 
are contaminated with hazardous substances (as defined in the 
Comprehensive Environmental Response, Compensation and Liability Act 
(42 U.S.C. 9601)), unless all remedial action necessary to protect 
human health and the environment has been taken pursuant to such Act.
    (f) General Management Plan.--(1) Within three years after the date 
funds are made available, the Secretary shall prepare a general 
management plan for the historic site.
    (2) The plan shall include an evaluation of an appropriate location 
for a visitor facility and administrative site within the areas 
depicted as ``Support Facility Study Area--Alternative A'' or ``Support 
Facility Study Area--Alternative B'' on the map referred to in 
subsection (a). Upon a determination by the Secretary of the 
appropriate location for such facilities, the boundaries of the 
historic site shall be modified to include the selected site.
    (3 In developing the plan, the Secretary shall consider 
coordinating or consolidating appropriate administrative, management, 
and personnel functions with Badlands National Park.

SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated such sums 
as may be necessary to carry out this Act.
    (b) Air Force Funds.--The Secretary of the Air Force shall transfer 
to the Secretary any funds specifically appropriated to the Air Force 
for the maintenance, protection, or preservation of the facilities 
described in section 3. Such funds shall be used by the Secretary for 
establishing, operating, and maintaining the historic site.
    (c) Legacy Resource Management Program.--Nothing in this Act 
affects the use of any funds available for the Legacy Resource 
Management Program being carried out by the Air Force that, before the 
date of enactment of this Act, were directed to be used for resource 
preservation and treaty compliance.

                         purpose of the measure

    The purpose of S. 2284 as reported is to establish the 
Minuteman Missile National Historic Site, in South Dakota as a 
unit of the National Park System.

                          background and Need

    During the Cuban Missile Crisis of 1962, the United States 
and the Soviet Union came closer to nuclear war than at any 
other time in history. As the world watched, Soviet Leader 
Nikita Khrushchev and President John F. Kennedy engaged in a 
showdown over the U.S. demands that the Soviet Union remove its 
missiles from Cuba. It was at this point that the Minuteman 
Intercontinental Ballistic Missile (ICBM) was developed.
    The Minuteman missile played a critical role in the Cold 
War arms race as America's first push button nuclear missile. 
Once the launch command was given and the keys were turned, a 
Minuteman missile could deliver its nuclear warhead to a Soviet 
target within 30 minutes or less.
    Concerned over a missile gap, the United States raced to 
catch up with the perceived military superiority of the 
Soviets. During the Cold War years, the U.S. Air Force deployed 
1000 Minuteman missiles in underground silos throughout the 
central United States. Minuteman missiles were inconspicuous, 
silent, and unknown to the casual observer.
    The Strategic Arms Reduction Treaty (START) required the 
deactivation of the nation's Minuteman Missile force including 
the 150 missiles and 15 launch facilities at Ellsworth Air 
Force Base, South Dakota. In 1993, the National Park Service 
and the Air Force entered into a cooperative agreement to 
temporarily preserve two representative Minuteman sites, Delta 
One and Delta Nine at Ellsworth Air Force Base, until their 
long term preservation could be evaluated.
    In the same year, the Air Force requested and funded a 
Special Resource Study. The National Park Service study was 
completed in June 1997, and found that the two Minuteman sites 
met the criteria for eligibility and suitability as a unit of 
the National Park System.
    Since Delta One and Delta Nine and most of surrounding 
lands are Federally owned, there would be no acquisition costs 
for the site.

                          legislative history

    S. 2284 was introduced on July 9, 1998 by Senator Johnson 
and referred to the Committee on Energy and Natural Resources. 
The Subcommittee on National Parks, Historic Preservation, and 
Recreation held a hearing on S. 2284 on September 17, 1998.
    At its business meeting on September 24, 1998, the 
Committee on Energy and Natural Resources ordered S. 2284, 
favorably reported, as amended.

            committee recommendation and tabulation of votes

    The Committee on Energy and Natural Resources, in open 
business session on September 24, 1998, by a unanimous voice 
vote of a quorum present, recommends that the Senate pass S. 
2284, if amended as described herein.

                          committee amendment

    During the consideration of S. 2284, the Committee adopted 
an amendment in the nature of a substitute.
    Specifically, the amendment authorizes the Secretary of the 
Interior to enter into cooperative agreements to provide for 
the preservation of the site, and directs the Secretary to 
consult with the Secretary of Defense and the Secretary of 
State to ensure that administration of the historic site is in 
compliance with applicable treaties. The Secretary is 
authorized to acquire lands by donation, purchase, or transfer 
from another Federal agency. Lands owned by the State of South 
Dakota may only be acquired by donation or exchange. The 
Secretary may not acquire lands that are contaminated with 
hazardous substances, unless all remedial action necessary has 
been taken. The Secretary is required to propose a General 
Management Plan that considers coordinating management 
functions with Badlands National Park. Finally, the amendment 
directs the Secretary of the Air Force to transfer to the 
National Park Service all funds specifically appropriated to 
the Air Force for the maintenance and preservation of the 
facilities. The amendment is described in detail below.

                      section by section analysis

    Section 1 designates the bill's short title as the 
``Minuteman Missile National Historic Site Act of 1998''.
    Section 2 lists the findings and purposes of the bill, 
including a finding that the proposed Minuteman missile sites, 
Delta 1 and Delta 9, have national significance as the best 
preserved examples of the facilities and preparedness by 
missileers of the Air Force during the Cold war. This Act would 
ensure these sites are preserved, protected and interpreted for 
future generations.
    Section 3 (a) establishes the ``Minuteman Missile National 
Historic Site'' in the State of South Dakota, as a unit of the 
National Park System. The historic site includes the areas 
surrounding the launch control facilities known as Delta 1 and 
Delta 9, as depicted on the map referred to as ``Minuteman 
Missile National Historic Site'', numbered 406/80,008 and dated 
September, 1998; and an area outside those facilities suitable 
for construction of a administrative facility. The map will be 
on file with the Secretary of the Interior (the ``Secretary'') 
and available to the public.
    Subsection (b) provides that the Historic Site is to be 
administered in accordance with this Act and with laws 
generally applicable to units of the National Park System 
including the Act of August 25, 1916 (16 U.S.C. 1,2-4) and the 
Act of August 21, 1935 (16 U.S.C. 461-467).
    Subsection (c) directs the Secretary to consult with the 
Secretary of Defense and the Secretary of State to ensure that 
administration of the historic site is in compliance with 
applicable treaties. The Secretary may enter into cooperative 
agreements with institutions and individuals to provide for the 
preservation, development, and interpretation of the site.
    Subsection (d) authorizes the acquisition of lands by 
donation, purchase with donated or appropriated funds, exchange 
or transfer from another Federal agency, provided lands owned 
by the State of South Dakota may only be acquired by donation 
or exchange. The Secretary may not acquire any lands that are 
contaminated with hazardous substances, unless all remedial 
action necessary to protect human health and the environment 
has been take pursuant to such Act.
    Subsection (e) requires the Secretary to submit to Congress 
a General Management Plan within three years after enactment of 
this Act. In developing the plan, the Secretary is to consider 
coordinating or consolidating management and personnel 
functions with Badlands National Park.
    Section 4 authorizes the necessary funding to carry out 
this Act. The section directs the Secretary of the Air Force to 
transfer to the National Park Service all funds specifically 
appropriated to the Air Force for the maintenance and 
preservation of the facilities. Nothing in this Act affects the 
use of Legacy Resource Management funds by the Air Force that 
were directed to be used for resource preservation and treaty 
compliance.

                   cost and budgetary considerations

    The Congressional Budget Office estimate of the cost of 
this measure has been requested but was not received at the 
time the report was filed. When the report is available, the 
Chairman will request it to be printed in the Congressional 
Record for the advice of the Senate.

                      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. 2284. The bill is not a regulatory measure in 
the sense of imposing Government-established standards of 
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 
enactment of S. 2284, as ordered reported.

                        executive communications

    On September 3, 1998, 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. 2284. These 
reports had not been received at the time the report on S. 2284 
was filed. When these reports become available, the Chairman 
will request that they be printed in the Congressional Record 
for the advice of the Senate. The testimony of the Department 
of the Interior at the Subcommittee hearing follows:

 Statement of Maureen Finnerty, Associate Director for Park Operations 
    and Education, National Park Service, Department of the Interior

    Mr. Chairman, thank you for the opportunity to appear 
before the committee to testify on S. 2284, a bill to establish 
the Minuteman Missile National Historic Site in South Dakota, 
and for other purposes.
    We support enactment of this bill if amended according to 
our testimony. We are working with the Air Force to resolve a 
number of concerns that I will discuss below.
    The Minuteman II Intercontinental Ballistic Missile complex 
is a symbol of the end of the tensions that prevailed for over 
four decades during the period of history known as the Cold 
War. President Kennedy brought the Minuteman system on line in 
1962 during the Cuban Missile Crisis. He referred to it as his 
``Ace in the hole.'' For nearly thirty years, personnel from 
the 44th Missile Wing, headquartered at Ellsworth Air Force 
Base, stood watch over a 150-missile deployment, covering 
13,500 square miles of the upper Midwest. This phase of 
America's military preparedness was concluded as world events 
heralded the end of the Cold War. In 1991 President Bush and 
Soviet leader Mikhail Gorbachev signed the Strategic Arms 
Reduction Treaty (START), which called for the rapid 
deactivation and removal of 450 Minuteman II missiles. As 
deactivation proceeded, the Air Force, in conjunction with the 
National Park Service, identified two sites for possible 
preservation as representative icons of the history of the Cold 
War and the backbone of what was then the United States' 
nuclear arsenal, recognizing the important part it played in 
American diplomacy. Before the opportunity was lost, steps were 
taken to preserve the sites until further decisions regarding 
their eventual disposition could be made.
    These sole remaining examples of the original Minuteman 
configuration are among the oldest and least altered sites, 
with components dating back to the Cuban Missile Crisis. At the 
request of the U.S. Air Force, the National Park Service in 
December 1993 undertook a special resource study to determine 
the suitability and feasibility of designating the missile 
sites as a unit of the National Park System. That study was 
completed in 1995, and it concluded that these sites were 
suitable and feasible for inclusion in the National Park 
System.
    S. 2284 establishes Minuteman Missile National Historic 
Site to preserve, protect, and interpret for the benefit, 
education, and inspiration of present and future generations 
the Minuteman II launch facility. This site will tell the story 
of how the Minuteman Missile played a strategic role in the 
defense of our country during the Cold War. The site, located 
in South Dakota, would consist of lands and interests therein 
comprising two historic Minuteman missile sites, the Delta 1 
Launch Control Facility and Delta 9 Launch Facility, and a 
third site to develop an administrative support facility. The 
site would be administered by the Secretary of the Interior in 
accordance with the bill and laws generally applicable to units 
of the National Park System. The bill directs the Secretary to 
coordinate with the Air Force Air and Space Museum at Ellsworth 
Air Force Base in the interpretation of the historic site and 
development of a general management plan for the administration 
of the historic site. The bill authorizes acquisition of 
property for the historic site from other Federal agencies by 
donation or exchange.
    Based on decisions made through the general management 
planning process, it may be desirable to include properties 
outside the original Delta 1 and Delta 9 properties within the 
national historic site. Examples are undeveloped private land 
at the exit 127 interchange of Interstate 90 or near one of the 
possible administrative sites at exit 131, which may require 
access or similar easements. Other interests in land may be 
desirable for additional parking or other support facilities to 
fulfill the Service's mission. So that reasonable management 
alternatives are not precluded prior to the completion of the 
General Management Plan, we recommend amending Section 4(c) by 
inserting ``purchase,'' following ``interests in land by'' and 
by adding the following sentence at the end of the section:
         ``Lands or interest therein owned by the State of 
        South Dakota, or a political subdivision thereof, may 
        only be acquired by donation or exchange.''
    We also recommend amending Section 5(c)(1) to read:
          ``Not later than the last day of the third fiscal 
        year after funds are made available for this purpose, 
        the Secretary shall submit to the Committee on 
        Resources of the House of Representatives and the 
        Committee on Energy and Natural Resources of the Senate 
        a general management plan for the historic site, 
        including a description of the boundaries necessary to 
        protect integral historic viewsheds and landscapes and 
        to provide for administrative support and public use 
        facilities.''
    I should note, however, that the Departments are working to 
resolve a number of issues. First, because the property 
contains hazardous materials, we must ensure that the site is 
compliant with all applicable and relevant environmental laws 
and regulations. Second, we must also work to ensure that the 
site is fully and permanently compliant with START. Third, due 
to NPS's existing construction and maintenance needs, the full 
cost of such a site must be carefully studied. Finally, the 
boundaries of this site have yet to be established and would 
almost certainly include lands other than those owned by the 
Air Force. We must ascertain what additional lands we may need 
to acquire to preserve the integrity of the site.
    Again, we strongly support S. 2284 with the amendments 
outlined in this statement. We feel that this is an important 
part of our history and deserves to be preserved. We are 
working to resolve the aforementioned issues with the Air Force 
and would be happy to work with the committee on any additional 
changes to this legislation.
    Mr. Chairman, this concludes my remarks. 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, the Committee notes that no 
changes in the existing law are made by S. 2284, as ordered 
reported.