[House Report 113-193]
[From the U.S. Government Printing Office]


113th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    113-193

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



 
   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




           *       *       *       *       *       *       *
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.

           *       *       *       *       *       *       *