[Senate Report 107-261]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 578
107th Congress                                                   Report
                                 SENATE
 2d Session                                                     107-261
======================================================================
 
                      COLD WAR SITES AND RESOURCES

                                _______
                                

               September 9, 2002.--Ordered to be printed

                                _______
                                

   Mr. Bingaman, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 107]

    The Committee on Energy and Natural Resources, to which was 
referred the Act (H.R. 107) 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 amendments and recommends 
that the Act, as amended, do pass.
    The amendments are as follows:
    1. On page 2, line 17, strike ``missiles,'' and insert 
``missiles, nuclear weapons sites (such as the Nevada test 
site),''.
    2. On page 3, line 8, strike ``nominated;'' and insert 
``nominated; and''.
    3. On page 3, beginning at line 9, strike all through line 
11.
    4. On page 3, renumber ``(D)'' as ``(C)''.

                         PURPOSE OF THE MEASURE

    The purpose of H.R. 107 is to require the Secretary of the 
Interior to conduct a study to identify sites and resources and 
to propose alternatives for the commemoration and 
interpretation of the Cold War.

                          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 five 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.
    Of course, the Cold War is a very recent era in our 
history, which provides a ready explanation for the relatively 
small number of recognized Cold War sites. With or without the 
theme study called for by H.R. 107 the numbers of officially 
commemorated Cold War sites will likely increase over time.
    Nevertheless, a strong case can be made that a National 
Historic Landmarks theme study is anappropriate vehicle for 
commemorating 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 Act of August 21, 1935 (codified at 16 U.S.C. 461 et 
seq. and commonly known as the Historic Sites Act), and is implemented 
according to Title 36 Code of Federal Regulations Part 65. The 
program's mission is to identify those places that best illustrate the 
themes, event, 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.
    As an example of the program's application, 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. This study was authorized by 
Public Law 105-356, the Act that established the Little Rock 
Central High School National Historic Site. The significance of 
numerous properties is currently being evaluated. So far, sites 
in nine states and the District of Columbia have been 
recommended for consideration as national historic landmarks.
    Other theme studies currently being conducted by the 
National Park Service include one related to the history of the 
labor movement, another on the earliest inhabitants of North 
America, and a third on sites associated with Japanese 
Americans.

                          LEGISLATIVE HISTORY

    H.R. 107 was sponsored by Representative Hefley on January 
3, 2001 and passed by 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, as amended.

                        COMMITTEE RECOMMENDATION

    The Committee on Energy and Natural Resources, in open 
business session on July 31, 2002, by voice vote of a quorum 
present, recommends that the Senate pass H.R. 107, if amended 
as described herein.

                          COMMITTEE AMENDMENT

    During the consideration of H.R. 107, the Committee adopted 
four joint staff amendments. Amendment #1 clarified that the 
Secretary shall consider nuclear weapon sites among the Cold 
War resources studied. Amendment #2 conforms the surrounding 
text to the elimination of studying for a central repository. 
Amendment #3 eliminates the requirement that the Secretary 
shall make recommendations on the suitability and feasibility 
of establishing a central repository for Cold War artifacts and 
information. The fourth amendment conforms the surrounding text 
as a result of the elimination of section C. The amendments are 
described in the section-by-section analysis, below.

                      SECTION-BY-SECTION ANALYSIS

    Section 1(a) directs the Secretary of the Interior, in 
consultation with various agencies and individuals, to conduct 
a National Historic Landmark theme study to identify sites and 
resources of significance to the Cold War. The study shall 
include consideration of the inventory of sites and resources 
associated with the Cold War as compiled by the Secretary of 
Defense pursuant to section 8120(b)(9) of the Department of 
Defense Appropriations Act of 1991 (Pub. Law 101-511). The 
Secretary of the Interior shall also consider other military 
and nonmilitary sites and resources, including intercontinental 
ballistic missiles, nuclear weapons sites (such as the Nevada 
test site), manufacturing facilities, and defensive radar 
networks, among other resources.
    Subsection (b) outlines the contents of the study. The 
study shall include recommendations for memorializing and 
interpreting sites and resources, including recommendations of 
sites for potential inclusion in the National Park System or 
for designation as national historic landmarks. The study shall 
also recommend cooperative arrangements with various entities, 
and cost estimates for carrying out the various 
recommendations.
    Subsection (c) requires public involvement in the study, 
and its submission to the Committee on Resources of the House 
of Representatives and the Committee on Energy and Natural 
Resources of the Senate within 3 years of the funding of the 
study.
    Section 2 requires the Secretary of the Interior to publish 
an interpretive handbook on the Cold War within four years 
after funding is made available for such a purpose. The 
Secretary shall also disseminate information gathered through 
the study by other appropriate means.
    Section 3 authorizes $300,000 to be appropriated 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, August 12, 2002.
Hon. Jeff Bingaman,
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 H.R. 107, an act 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.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                         Robert A. Sunshine
                                    (For Dan L. Crippen, Director).
    Enclosure.

               CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

H.R. 107--An act 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

    H.R. 107 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 of 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, H.R. 107 would authorize the appropriation of $300,000 
to conduct the study.
    Assuming appropriation of the authorized amount, CBO 
estimates that it would cost the National Park Service $300,000 
over the next four years to conduct the required study, report 
to the Congress, and publish the handbook. H.R. 107 would not 
affect direct spending or receipts; therefore, pay-as-you-go 
procedures would not apply. The legislation 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 September 21, 2001, CBO transmitted a cost estimate for 
H.R. 107 as ordered reported by the House Committee on 
Resources on September 12, 2001. The two versions of the 
legislation are very similar, and the cost estimates are 
identical.
    The CBO staff contact for this estimate is Deborah Reis. 
The estimate was approved by Peter H. Fontaine, Deputy 
Assistant Director for Budget Analysis.
    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 H.R. 107. 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 H.R. 107.

                        EXECUTIVE COMMUNICATIONS

    The pertinent legislative report received by the Committee 
from the Department of the Interior setting forth Executive 
agency recommendations relating to H.R. 107 is set forth below:

                   U.S. Department of the Interior,
                                   Office of the Secretary,
                                     Washington, DC, July 24, 2002.
Hon. Jeff Bingaman,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: This letter sets forth the views of the 
Department of the Interior on S. 1257 and H.R. 107. These bills 
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 if amended. 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. However, the Administration did not request 
funding for this study or any other National Historic Landmark 
theme study in Fiscal Year 2003. 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.
    S. 1257 and H.R. 107 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 bills specifically provide 
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. They also require the study to include 
recommendations for commemorating these resources and for 
establishing cooperative arrangements with other entities.
    In addition to authorizing the theme study, S. 1257 and 
H.R. 107 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. 1257, 
but not H.R. 107 as amended, would also require the Secretary 
to establish a Cold War Advisory Committee to consult on the 
study. S. 1257 and H.R. 107 both authorize appropriations of 
$300,000 to carry out the legislation.
    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.
    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 2,341 designated national historic landmarks, five 
recognize civilian or military aspects of Cold War history, and 
out of nearly 75,000 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.
    Although S. 1257 and H.R. 107 as passed by the House are 
very similar, there are some important differences between the 
two. As introduced, both H.R. 107 and S. 1257 including a 
provision requiring the Secretary to establish a Cold War 
Advisory Committee to assist with the study [Section 3 of S. 
1257]. At our request, the House deleted this provision from 
H.R. 107. Whether this committee acts on H.R. 107 or S. 1257, 
we strongly recommend that the advisory commission be omitted. 
In our view, such a committee is unnecessary and would add 
greatly to the cost of a study and time required to complete it 
due to the legal requirements of the Federal Advisory Committee 
Act (5 U.S.C. App.).
    National Historic Landmark program regulations already 
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.
    Another difference between S. 1257 and H.R. 107 is a 
provision requiring the inclusion in the study of 
recommendations on the suitability and feasibility of 
establishing a central repository for Cold War artifacts and 
information. This provision is found in H.R. 107, but not in S. 
1257. Studying and developing recommendations of that nature 
would be an undertaking that is well beyond the scope of a 
theme study, and that also could consume a large portion of the 
$300,000 authorized for the legislation. We urge that this 
provision [Section 1(b)(1)(C) of H.R. 107] be omitted from the 
legislation reported by this committee.
    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.
    The Office of Management and Budget advises that there is 
no objection to the presentation of this report from the 
standpoint of the Administration's program.
            Sincerely,
                                               Craig Mason,
               Assistant Secretary for Fish and Wildlife and Parks.

                        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 Act H.R. 107, as 
ordered reported.

                                
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