[Senate Report 108-134]
[From the U.S. Government Publishing Office]
Calendar No. 258
108th Congress Report
SENATE
1st Session 108-134
======================================================================
SITES AND RESOURCES RECOMMENDATIONS FOR THE COLD WAR
_______
August 26, 2003.--Ordered to be printed
Filed under authority of the order of the Senate of July 29
(legislative day, July 21), 2003
_______
Mr. Domenici, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 452]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 452) to require that the Secretary of the
Interior conduct a study to identify sites and resources, to
recommend alternatives for commemorating and interpreting the
Cold War, 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:
On page 1, line 5, insert ``Secretary of Energy,'' after
``Secretary of Defense,''.
PURPOSE OF THE MEASURE
The purpose of S. 452 is to require the Secretary of the
Interior to conduct a National Historic Landmark theme study to
identify sites and resources in the United States that are
significant to the Cold War and to propose recommendations for
the commemoration and interpretation of the sites identified in
the study.
BACKGROUND AND NEED
Currently, there is only one unit of the National Park
System related to the Cold War--the Minuteman Missile National
Historic Site in South Dakota, established two years ago to
memorialize the role of Intercontinental Ballistic Missiles in
our Nation's defense system.
There are likewise few Cold War-related national historic
landmarks or listings on the National Register of Historic
Places. Out of 2,329 designated national historic landmarks,
only 5 recognize civilian or military aspects of Cold War
history; while out of more than 72,000 listings on the National
Register of Historic Places, only 17 (including the five
landmarks) address aspects of the Cold War.
A National Historic Landmarks theme study is an appropriate
method for commemorating and interpreting an event such as the
Cold War, which profoundly affected Americans through
occurrences that are not primarily identified with a few
specific sites. The National Historic Landmarks program was
established by the Historic Sites Act of 1935. The program's
mission is to identify those places that best illustrate the
themes, events, or persons that are nationally significant to
the history of the United States and that retain a high degree
of integrity. National Historic Landmark program regulations
require consultation with Federal, State, and local
governments, national and statewide associations, and a variety
of other interested parties prior to designation of a site as a
landmark.
In addition to identifying sites for possible national
historic landmark status, the study authorized by S. 452 would
also identify sites that warrant further study for potential
exclusion in the National Park System.
LEGISLATIVE HISTORY
S. 452 was introduced by Senators Reid and Ensign on
February 26, 2003. The Subcommittee on National Parks held a
hearing on S. 452 on May 13, 2003. At the business meeting on
July 23, 2003, the Committee on Energy and Natural Resources
ordered S. 452, as amended, favorably reported.
In the 107th Congress, a similar bill, H.R. 107, passed the
House of Representatives on December 18, 2001. The Subcommittee
on National Parks held a hearing on H.R. 107 on June 12, 2002.
At its business meeting on July 31, 2002, the Committee on
Energy and Natural Resources ordered H.R. 107 to be favorably
reported. The text of H.R. 107 was included as an amendment to
S. 1894, an unrelated national park related measure. S. 1894
passed the Senate, as amended, byunanimous consent on November
19, 2002.
COMMITTEE RECOMMENDATION
The Committee on Energy and Natural Resources, in open
business session on July 23, 2003, by a majority vote of a
quorum present, recommends that the Senate pass S. 452, if
amended as described herein. Senator Thomas requested that he
be recorded as voting in the negative.
COMMITTEE AMENDMENT
During its consideration of S. 452, the Committee adopted
an amendment to add a requirement that the Secretary of the
Interior consult with the Secretary of Energy among others, in
conducting the study.
SECTION-BY-SECTION ANALYSIS
Section 1(a) directs the Secretary of the Interior
(Secretary), in consultation with the Secretaries of Defense
and Energy, State historic preservation offices, State and
local officials, Cold War scholars, and other interested
organizations and individuals, to conduct a National Historic
Landmark theme study to identify sites and resources in the
United States that are significant to the Cold War.
Paragraph (1) directs the Secretary to consider the
inventory of sites and resources associated with the Cold War
completed by the Secretary of Defense pursuant to section
8120(b)(9) of the Department of Defense Appropriations Act,
1991 (Public Law 101-511; 104 Stat. #1906).
Paragraph (2) directs the Secretary to consider historical
studies and research of certain Cold War sites and resources.
Paragraph (3) directs the Secretary to inventory and
consider nonmilitary sites and resources associated with the
people, events, and social aspects of the Cold War.
Subsection (b) states that the study shall include
recommendations for commemorating and interpreting sites and
resources identified by the study, recommendations for
cooperative arrangements with public and private entities, and
cost estimates for carrying out each of those recommendations.
Subsection (c) states that the study shall be conducted
with public involvement and submitted to Congress no later than
3 years after the date that funds are made available for the
study.
Section 2 directs the Secretary to prepare and publish an
interpretive handbook on the Cold War and to disseminate
information gathered through the study through appropriate
means not later than 4 years after funds are made available for
that purpose.
Section 3 authorizes the appropriation of $300,000 to carry
out this Act.
COST AND BUDGETARY CONSIDERATIONS
The following estimate of costs of this measure has been
provided by the Congressional Budget Office.
U.S. Congress,
Congressional Budget Office,
Washington, DC, July 29, 2003.
Hon. Pete V. Domenici,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 452, a bill to
require the Secretary of the Interior to conduct a study to
identify sites and resources, to recommend alternatives for
commemorating and interpreting the Cold War, and for other
purposes.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact for this
estimate is Deborah Reis.
Sincerely,
Robert A. Sunshine
(For Douglas Holtz-Eakin, Director).
Enclosure.
S. 452--A bill to require that the Secretary of the Interior conduct a
study to identify sites and resources, to recommend
alternatives for commemorating and interpreting the Cold War,
and for other purposes
S. 452 would direct the Secretary of the Interior to
conduct a study to identify sites that are significant to the
Cold War. The study would include recommendations for
commemorating and interpreting the identified sites and
estimates of the costs for carrying out those recommendations.
The legislation would require the Secretary to report to the
Congress on its findings within three years of receiving funds
for the study. The Secretary would publish an interpretive
handbook on the Cold War within the year following the report.
Finally, the bill would authorize the appropriation of $300,000
for these activities.
Assuming appropriation of the authorized amount, CBO
estimates that it would cost the National Park Service $300,000
over the next four years to complete the required study and to
publish the handbook. Enacting S. 452 would not affect direct
spending or revenues. The bill 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.
The CBO staff contact for this estimate is Deborah Reis.
The estimate was approved by Peter H. Fontaine, Deputy
Assistant Director for Budget Analysis.
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. 452. The bill is not a regulatory measure in
the sense of imposing Government-established standards or
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 the
enactment of S. 452, as ordered reported.
EXECUTIVE COMMUNICATIONS
On May 12, 2003, the Committee on Energy and Natural
Resources requested legislative reports from the Department of
the Interior, Department of Defense, Department of Energy, and
the Office of Management and Budget setting forth Executive
agency recommendations on S. 452. These reports had not been
received at the time the report on S. 452 was filed. When the
reports become available, the Chairman will request that they
be printed in the Congressional Record for the advice of the
Senate. The testimony provided by the NPS at the Subcommittee
hearing follows:
Statement of Sue Masica, Associate Director for Park Planning,
Facilities and Lands, National Park Service, Department of the Interior
Mr. Chairman, thank you for the opportunity to present the
Department of the Interior's views on S. 452. This bill would
require that the Secretary of the Interior conduct a theme
study to identify sites and resources associated with the Cold
War and to recommend ways to commemorate and interpret that
period of our nation's history.
The Department supports this legislation as we believe that
it is wholly appropriate for the National Park Service to
undertake a study that will help ensure that the history of the
Cold War era is preserved for future generations of Americans.
S. 452 would require the Secretary of the Interior to
conduct a National Historic Landmark theme study to identify
sites and resources in the United States that are significant
to the Cold War. The bill specifically provides that the study
consider the inventory of Cold War resources that has been
compiled by the Department of Defense and other historical
studies and research on various types of military resources. It
also requires the study to include recommendations for
commemorating these resources and for establishing cooperative
arrangements with other entities.
We want to note that the study would not cover every
resource that may be significant to the history of the Cold War
as it affected our nation, since it would not include sites
outside the United States such as U.S. installations in Germany
or South Korea. It is necessary to limit the scope of the study
to sites and resources within the United States, as S. 452
does, because we do not have the authority to identify
resources that are beyond our borders for potential National
Historic Landmark status.
In addition to authorizing the theme study, S. 452 would
require the Secretary to prepare and publish an interpretive
handbook on the Cold War and to disseminate information
gathered through the study in other ways. S. 452 would
authorize appropriations of $300,000 to carry out the
legislation.
National Historic Landmark theme studies are funded from a
variety of sources including, in some cases, the special
resource study budget, which is about $1 million in FY 2003.
There are 29 studies previously authorized by Congress that are
being funded from the special resource study budget, nearly
half of which will have at least some funding needs beyond
Fiscal Year 2003. We transmitted 6 special resource studies to
Congress in Fiscal Year 2002, and we expect to transmit about
15 this fiscal year or early next fiscal year. Our highest
priority is to complete pending studies, though we expect to
start newly authorized studies as soon as funds are made
available.
The National Historic Landmarks program was established by
the Act of August 21, 1935, commonly known as the Historic
Sites Act (16 U.S.C. 461 et seq.) and is implemented according
to 36 CFR Part 65. The program's mission is to identify those
places that best illustrate the themes, events, or persons that
are nationally significant to the history of the United States
and that retain a high degree of integrity. Potential national
historic landmarks are often identified through theme studies
such as the one that would be authorized by this legislation.
Theme studies are not the same as special resource studies,
which assess the suitability and feasibility of adding a site
to the National Park System. Theme studies may identify sites
that may be appropriate candidates for special resource
studies, but these studies themselves do not evaluate sites for
possible addition to the National Park System. Therefore, theme
studies do not have the potential to lead directly to new
operation, maintenance or other costs for the National Park
Service.
For example, in 2000, the National Park Service completed
and transmitted to Congress a National Historic Landmark theme
study on the history of racial desegregation of public schools,
which was authorized by Public Law 105-356, the Act that
established the Little Rock Central High School National
Historic Site. Federal, state, and local officials across the
country are now using this study to identify and evaluate the
significance of numerous properties. So far, properties in nine
states and the District of Columbia have been recommended for
consideration as national historic landmarks. Currently the
National Park Service is conducting several other theme
studies, including one related to the history of the labor
movement, another on the earliest inhabitants of Eastern North
America, and another on sites associated with Japanese
Americans during World War II.
At the moment, the history of the Cold War has some
presence in the National Park System and on the two lists of
historic sites maintained by the National Park Service. The
National Park System includes one unit related to the Cold War,
the Minuteman Missile National Historic Site in South Dakota,
which Congress established in 1999 to preserve and interpret
the role of Intercontinental Ballistic Missiles in our nation's
defense system.
Out of 2,342 designated national historic landmarks, five
recognized civilian or military aspects of Cold War history,
and out of approximately 76,000 listings on the National
Register of Historic Places, 17 (including the five landmarks)
are related to the Cold War. The relatively small number of
recognized sites is due in large part to the fact that the Cold
War has only recently been viewed as historically important.
With or without a theme study, these numbers would likely
increase over time, and the Department of Defense could take
steps on its own to identify these sites under their
jurisdiction.
National Historic Landmark program regulations require
consultation with Federal, state, and local governments;
national and statewide associations; and a variety of other
interested parties. Through partnering with a national
historical organization, using a peer-review process, and
consulting with appropriate subject experts as well as the
general public, the National Park Service would ensure that the
broadest historical perspectives are represented in any study
it undertakes.
In addition, we have been informed by the Department of
Justice that the provisions of the bill that would require the
Secretary of the Interior to make recommendations to Congress
concerning federal protection for Cold War sites appear to
violate the Recommendations Clause of the Constitution, which
reserves to the President the power to decide whether it is
necessary or expedient for the Executive Branch to make
legislative policy recommendations to the Congress. The
Administration would be pleased to provide language to remedy
the bill's constitutional defects.
Mr. Chairman, that concludes my statement, I would be
pleased to answer any questions you or other members of the
Subcommittee 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 existing law are made by the bill S. 452, as ordered
reported.