[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5357 Introduced in House (IH)]
113th CONGRESS
2d Session
H. R. 5357
To authorize a national memorial to commemorate those killed by the
collapse of the Saint Francis Dam on March 12, 1928, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 31, 2014
Mr. McKeon introduced the following bill; which was referred to the
Committee on Natural Resources
_______________________________________________________________________
A BILL
To authorize a national memorial to commemorate those killed by the
collapse of the Saint Francis Dam on March 12, 1928, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Saint Francis Dam Disaster National
Memorial Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) On March 12, 1928, the Saint Francis Dam located in the
northern portion of Los Angeles County, California, breached,
resulting in a flood resulting in the death of approximately
600 individuals.
(2) The residents of the Santa Clarita Valley, San
Francisquito Canyon, Castaic Junction, Santa Clara River
Valley, Piru, Fillmore, Bardsdale, Saticoy, and Santa Paula
were devastated by the worst flood that the State of California
has ever experienced.
(3) This disaster resulted in a tremendous loss of human
life, property, and livelihood, and was surpassed in the 20th
century only by the great San Francisco Earthquake of 1906.
(4) The dam's collapse may represent America's worst civil
engineering failure in the 20th century.
(5) It is right to pay homage to the citizens who perished,
were injured, or were dislocated in the flood, and to bring to
light and educate the general public about this important
historical event.
(6) The site is subject to the theft of historic artifacts,
graffiti, and other vandalism.
(7) The site has important historic and environmental
significance.
(8) It is appropriate that the site of the Saint Francis
Dam and surrounding areas be designated a unit of the National
Park System to commemorate this tragic event.
(b) Purposes.--The purposes of this Act are as follows:
(1) To establish a national memorial to honor the victims
of the Saint Francis Dam disaster of March 12, 1928.
(2) To establish the Saint Francis Dam Advisory Commission
to assist with consideration and formulation of plans for a
permanent memorial to the victims of that disaster, including
its nature, design, and construction.
(3) To permanently protect the historical scene of the
Saint Francis Dam and educate the general public about this
historic event.
(4) To authorize the Secretary of the Interior to
coordinate and facilitate the activities of the Saint Francis
Dam Advisory Commission, provide technical and financial
assistance to the Saint Francis Dam Task Force, and to
administer a Saint Francis Dam memorial.
SEC. 3. MEMORIAL TO HONOR THE VICTIMS OF THE SAINT FRANCIS DAM
DISASTER.
There is established a memorial at the Saint Francis Dam site in
the County of Los Angeles, California, to honor the victims of the
Saint Francis Dam disaster of March 12, 1928, which shall be--
(1) known as the Saint Francis Dam Disaster National
Memorial; and
(2) located within the Saint Francis Dam Disaster National
Monument.
SEC. 4. SAINT FRANCIS DAM ADVISORY COMMISSION.
(a) Establishment.--There is established a commission to be known
as the ``Saint Francis Dam Advisory Commission''.
(b) Membership.--The Commission shall consist of 15 members,
including the Director of the National Park Service, or the Director's
designee, and 14 members appointed by the Secretary of the Interior.
(c) Term.--The term of the members of the Commission shall be for
the life of the Commission.
(d) Chair.--The members of the Commission shall select the Chair of
the Commission.
(e) Vacancies.--Any vacancy in the Commission shall not affect its
powers if a quorum is present, but shall be filled in the same manner
as the original appointment.
(f) Meetings.--The Commission shall meet at the call of the
Chairperson or a majority of the members, but not less often than
quarterly. The Commission shall publish notice of the Commission
meetings and agendas for the meetings in local newspapers in the
vicinity of Los Angeles County and in the Federal Register. Meetings of
the Commission shall be subject to section 552b of title 5, United
States Code (relating to open meetings).
(g) Quorum.--A majority of the members serving on the Commission
shall constitute a quorum for the transaction of any business.
(h) No Compensation.--Members of the Commission shall serve without
compensation, but may be reimbursed for expenses incurred in carrying
out the duties of the Commission.
(i) Duties.--The duties of the Commission shall be as follows:
(1) Not later than 2 years after the date of the enactment
of this Act, the Commission shall submit to the Secretary of
the Interior and Congress a report containing recommendations
for the planning, design, construction, and long-term
management of a permanent memorial at the dam site.
(2) The Commission shall advise the Secretary of the
Interior on the boundaries of the Memorial site.
(3) The Commission shall advise the Secretary of the
Interior in the development of a management plan for the
Memorial site.
(4) The Commission shall consult and coordinate closely
with the Saint Francis Dam Task Force, the State of California,
and other interested persons, as appropriate, to support and
not supplant the efforts of the Saint Francis Dam Task Force on
and before the date of the enactment of this Act to commemorate
the Saint Francis Dam disaster.
(5) The Commission shall provide significant opportunities
for public participation in the planning and design of the
Memorial.
(j) Powers.--The Commission may--
(1) make such expenditures for services and materials for
the purpose of carrying out this Act as the Commission
considers advisable from funds appropriated or received as
gifts for that purpose;
(2) subject to approval by the Secretary of the Interior,
solicit and accept donations of funds and gifts, personal
property, supplies, and services from individuals, foundations,
corporations, and other private or public entities to be used
in connection with the construction or other expenses of the
Memorial;
(3) hold hearings and enter into contracts for personal
services;
(4) do such other things as are necessary to carry out this
Act; and
(5) by a vote of the majority of the Commission, delegate
such of its duties as it determines appropriate to employees of
the National Park Service.
(k) Termination.--The Commission shall terminate upon dedication of
the completed Memorial.
SEC. 5. DUTIES OF THE SECRETARY OF THE INTERIOR WITH RESPECT TO
MEMORIAL.
The Secretary may--
(1) provide assistance to the Commission, including advice
on collections, storage, and archives;
(2) consult and assist the Commission in providing
information, interpretation, and the conduct of oral history
interviews;
(3) provide assistance in conducting public meetings and
forums held by the Commission;
(4) provide project management assistance to the Commission
for planning, design, and construction activities;
(5) provide programming and design assistance to the
Commission for possible Memorial exhibits, collections, or
activities;
(6) provide staff assistance and support to the Commission
and the Saint Francis Dam Task Force;
(7) participate in the formulation of plans for the design
of the Memorial, accept funds raised by the Commission for
construction of the Memorial, and construct the Memorial;
(8) acquire from willing sellers the land or interests in
land for the Memorial site by donation, purchase with donated
or appropriated funds, or exchange; and
(9) administer the Memorial as a unit of the National Park
System in accordance with this Act and with the laws generally
applicable to units of the National Park System.
SEC. 6. ESTABLISHMENT OF NATIONAL MONUMENT.
(a) Establishment.--There is established as a national monument in
the State certain land administered by the Secretary of Agriculture in
Los Angeles County comprising approximately ____ acres, as generally
depicted on the map entitled ____, and dated ___, to be known as the
``Saint Francis Dam Disaster National Memorial Monument''.
(b) Purpose.--The purpose of the Monument is to conserve, protect,
and enhance for the benefit and enjoyment of present and future
generations the cultural, archaeological, historical, natural,
wildlife, geological, ecological, watershed, educational, scenic, and
recreational resources and values of the Monument.
(c) Management.--
(1) In general.--The Secretary of the Interior shall manage
the Monument--
(A) in a manner that conserves, protects, and
enhances the resources of the Monument;
(B) protects, preserves, and enhances the Memorial;
and
(C) in accordance with--
(i) the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1701 et seq.);
(ii) this Act; and
(iii) any other applicable laws.
(2) Uses.--
(A) In general.--The Secretary of the Interior
shall allow only such uses of the Monument that the
Secretary determines would further the purpose
described in subsection (b).
(B) Use of motorized vehicles.--
(i) In general.--Except as needed for
administrative purposes or to respond to an
emergency, the use of motorized vehicles in the
Monument shall be permitted only on roads
designated for use by motorized vehicles in the
management plan.
(ii) New roads.--No additional roads shall
be built within the Monument after the date of
enactment of this Act unless the road is
necessary for public safety or natural resource
protection.
(C) Grazing.--The Secretary shall permit grazing
within the Monument, where established before the date
of enactment of this Act--
(i) subject to all applicable laws
(including regulations) and Executive orders;
and
(ii) consistent with the purpose described
in subsection (b).
(D) Utility right-of-way upgrades.--Nothing in this
section precludes the Secretary from renewing or
authorizing the upgrading (including widening) of a
utility right-of-way in existence as of the date of
enactment of this Act through the Monument in a manner
that minimizes harm to the purpose of the Monument
described in subsection (b)--
(i) in accordance with--
(I) the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et
seq.); and
(II) any other applicable law; and
(ii) subject to such terms and conditions
as the Secretary determines to be appropriate.
(E) Rights-of-way.--Subject to applicable law, the
Secretary of the Interior may issue rights-of-way for
watershed restoration projects and small-scale flood
prevention projects within the boundary of the Monument
if the right-of-way is consistent with the purpose of
the Monument described in subsection (b).
(d) Management Plan.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the Secretary of the Interior shall
develop a management plan for the Monument.
(2) Consultation.--The management plan shall be developed
in consultation with--
(A) interested Federal agencies;
(B) State, tribal, and local governments; and
(C) the public.
(3) Considerations.--In preparing and implementing the
management plan, the Secretary of the Interior shall--
(A) consider the recommendations of the Santa
Clarita Valley Historical Society on methods for
providing access to, and protection for the St. Francis
Dam Memorial site; and
(B) include a watershed health assessment to
identify opportunities for watershed restoration.
(e) Incorporation of Acquired Land and Interests in Land.--Any land
or interest in land that is within the boundary of the Monument
designated by subsection (a) that is acquired by the United States
shall--
(1) become part of the Monument; and
(2) be managed in accordance with--
(A) this Act; and
(B) any other applicable laws.
(f) Transfer of Administrative Jurisdiction.--On the date of
enactment of this Act, administrative jurisdiction over the
approximately ___ acres of land generally depicted as ___ on the map
entitled ___, and dated ___, shall--
(1) be transferred from the Secretary of Agriculture to the
Secretary of the Interior;
(2) become part of the Monument; and
(3) be managed in accordance with--
(A) this Act; and
(B) any other applicable laws.
SEC. 7. DEFINITIONS.
In this Act:
(1) Memorial.--The term ``Memorial'' means the Saint
Francis Dam Disaster National Memorial established by section
3.
(2) Monument.--The term ``Monument'' means the Saint
Francis Dam Disaster National Monument established by section
6.
(3) State.--The term ``State'' means the State of
California.
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