[106th Congress Public Law 115]
[From the U.S. Government Printing Office]

[DOCID: f:publ115.106]

[[Page 1539]]


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Public Law 106-115
106th Congress

                                 An Act

 To establish the Minuteman Missile National Historic Site in the State 
 of South Dakota, and for other purposes. <<NOTE: Nov. 29, 1999 -  [S. 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Minuteman 
Missile National Historic Site Establishment Act of 1999. 16 USC 461 


    This Act may be cited as the ``Minuteman Missile National Historic 
Site Establishment Act of 1999''.


    (a) Findings.--Congress finds that--
            (1) the Minuteman II intercontinental ballistic missile 
        (referred to in this Act 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--
                    (A) as a key component of America's strategic 
                commitment to preserve world peace; and
                    (B) in the broader context of the Cold War; 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.

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    (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 
            (3) 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) 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 

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            (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 
                    (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 <<NOTE: Deadline.>> 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.


    (a) In General.--There are authorized to be appropriated such sums 
as are necessary to carry out this Act.
    (b) Air Force Funds.--
            (1) Transfer.--The Secretary of the Air Force shall transfer 
        to the Secretary any funds specifically appropriated to the Air 
        Force in fiscal year 1999 for the maintenance, protection, or 
        preservation of the land or interests in land described in 
        section 3.
            (2) Use of air force funds.--Funds transferred under 
        paragraph (1) shall be used by the Secretary for establishing, 
        operating, and maintaining the historic site.

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    (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.

    Approved November 29, 1999.


HOUSE REPORTS: No. 106-391 (Comm. on Resources).
SENATE REPORTS: No. 106-23 (Comm. on Energy and Natural Resources).
            Mar. 25, considered and passed Senate.
            Nov. 17, considered and passed House.