[Senate Report 105-390]
[From the U.S. Government Publishing Office]
Calendar No. 633
105th Congress Report
SENATE
2d Session 105-390
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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.