[House Report 108-360]
[From the U.S. Government Publishing Office]



108th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    108-360

======================================================================



 
               STEEL INDUSTRY NATIONAL HISTORIC SITE ACT

                                _______
                                

 November 17, 2003.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

  Mr. Pombo, from the Committee on Resources, submitted the following

                              R E P O R T

                        [To accompany H.R. 521]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 521) to establish the Steel Industry National Historic 
Site in the Commonwealth of Pennsylvania, having considered the 
same, report favorably thereon with an amendment and recommend 
that the bill as amended do pass.
  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

   This Act may be cited as the ``Steel Industry National Historic Site 
Act''.

SEC. 2. FINDINGS AND PURPOSES.

  (a) Findings.--The Congress finds the following:
          (1) Certain sites and structures in the Commonwealth of 
        Pennsylvania symbolize in physical form the heritage of the 
        steel industry of the United States.
          (2) Certain buildings and other structures in the 
        Commonwealth of Pennsylvania are nationally significant 
        historical resources, including the United States Steel 
        Homestead Works, the Carrie Furnace complex, and the Hot Metal 
        Bridge.
          (3) Despite substantial efforts for cultural preservation and 
        historical interpretation by the Commonwealth of Pennsylvania 
        and by individuals and public and private entities in the 
        Commonwealth, these buildings and other structures may be lost 
        without the assistance of the Federal Government.
  (b) Purposes.--The purposes of this Act are to ensure the 
preservation, interpretation, visitor enjoyment, and maintenance of the 
nationally significant historical and cultural sites and structures 
described in subsection (a) for the benefit and inspiration of present 
and future generations.

SEC. 3. STEEL INDUSTRY NATIONAL HISTORIC SITE, PENNSYLVANIA.

  (a) Establishment.--The Steel Industry National Historic Site is 
hereby established as a unit of the National Park System in the 
Commonwealth of Pennsylvania.
  (b) Description.--
          (1) Inclusion of certain property.--Subject to paragraph (2), 
        the historic site shall consist of the following properties, 
        each of which relate to the former United States Steel 
        Homestead Works, as depicted on the map entitled ``Steel 
        Industry National Historic Site'', dated November 2003, and 
        numbered 80,000:
                  (A) The historic location of the Battle of Homestead 
                site in the borough of Munhall, Pennsylvania, 
                consisting of approximately 3 acres of land, including 
                the pumphouse and water tower and related structures, 
                within the property bounded by the Monongahela River, 
                the CSX railroad, Waterfront Drive, and the Damascus-
                Marcegaglia Steel Mill.
                  (B) The historic location of the Carrie Furnace 
                complex in the boroughs of Swissvale and Rankin, 
                Pennsylvania, consisting of approximately 35 acres of 
                land, including blast furnaces 6 and 7, the ore yard, 
                the cast house, the blowing engine house, the AC power 
                house, and related structures, within the property 
                bounded by the proposed southwesterly right-of-way line 
                needed to accommodate the Mon/Fayette Expressway and 
                the relocated CSX railroad right-of-way, the 
                Monongahela River, and a property line drawn northeast 
                to southwest approximately 100 yards east of the AC 
                power house.
                  (C) The historic location of the Hot Metal Bridge, 
                consisting of the Union railroad bridge and its 
                approaches, spanning the Monongahela River and 
                connecting the mill sites in the boroughs of Rankin and 
                Munhall, Pennsylvania.
          (2) Availability of map.--The map referred to in paragraph 
        (1) shall be available for public inspection in an appropriate 
        office of the National Park Service.
  (c) Acquisition of Property.-- To further the purposes of this 
section, the Secretary of the Interior may acquire, only by donation, 
property for inclusion in the historic site as follows:
          (1) Any land or interest in land with respect to the property 
        identified in subsection (b)(1).
          (2) Up to 10 acres of land adjacent to or in the general 
        proximity of the property identified in such subsection, for 
        the development of visitor, administrative, museum, curatorial, 
        and maintenance facilities.
          (3) Personal property associated with, and appropriate for, 
        the interpretation of the historic site.
  (d) Private Property Protections.--Nothing in this Act shall be 
construed--
          (1) to require any private property owner to permit public 
        access (including Federal, State, or local government access) 
        to the private property; or
          (2) to modify any provision of Federal, State, or local law 
        with regard to public access to or use of private property.
  (e) Administration.--The Secretary of the Interior shall administer 
the historic site in accordance with this Act and the provisions of law 
generally applicable to units of the National Park System, including 
the Act of August 25, 1916 (16 U.S.C. 1 et seq.), and the Act of August 
21, 1935 (16 U.S.C. 461 et seq.).
  (f) Cooperative Agreements.--
          (1) In general.--Until such time as the Secretary of the 
        Interior has acquired the property identified in subsection 
        (b)(1), as depicted on the map referred to in such subsection, 
        the Secretary may enter into a cooperative agreement with any 
        interested individual, public or private agency, organization, 
        or institution to further the purposes of the historic site.
          (2) Contrary purposes.--Any payment made by the Secretary 
        pursuant to a cooperative agreement under this subsection shall 
        be subject to an agreement that conversion, use, or disposal of 
        the project so assisted for purposes contrary to the purpose of 
        the historic site, as determined by the Secretary, shall result 
        in a right of the United States to reimbursement of all funds 
        made available to such a project or the proportion of the 
        increased value of the project attributable to such funds as 
        determined at the time of such conversion, use, or disposal, 
        whichever is greater.
  (g) Technical Assistance.--The Secretary of the Interior may provide 
technical assistance to any person for--
          (1) the preservation of historic structures within the 
        historic site; and
          (2) the maintenance of the natural and cultural landscape of 
        the historic site.
  (h) General Management Plan.--
          (1) Preparation.--Not later than three years after the date 
        on which funds are first made available to carry out this Act, 
        the Secretary of the Interior shall prepare a general 
        management plan for the historic site that will incorporate or 
        otherwise address substantive comments made during the 
        consultation required by paragraph (2).
          (2) Consultation.--The Secretary shall prepare the general 
        management plan in consultation with--
                  (A) an appropriate official of each appropriate 
                political subdivision of the Commonwealth of 
                Pennsylvania that has jurisdiction over all or a 
                portion of the lands included in the historic site;
                  (B) an appropriate official of the Steel Industry 
                Heritage Corporation; and
                  (C) private property owners in the vicinity of the 
                historic site.
          (3) Submission of plan to congress.--Upon the completion of 
        the general management plan, the Secretary shall submit a copy 
        of the plan to the Committee on Energy and Natural Resources of 
        the Senate and the Committee on Resources of the House of 
        Representatives.

                          PURPOSE OF THE BILL

    The purpose of H.R. 521 is to establish the Steel Industry 
National Historic Site in the Commonwealth of Pennsylvania.

                  BACKGROUND AND NEED FOR LEGISLATION

    In 1996, Congress designated the Rivers of Steel National 
Heritage Area in southwestern Pennsylvania to help preserve, 
interpret, and manage the historic, cultural, and natural 
resources related to the steel industry. The Heritage Area 
encompasses 3,000 square miles throughout seven counties: 
Allegheny, Armstrong, Beaver, Westmoreland, Greene, Fayette and 
Washington. From 1875 to 1980, southwestern Pennsylvania was 
the ``steel making capital of the world,'' producing steel for 
the Brooklyn Bridge and the Empire State Building. Located 
within the Heritage Area is the United States Steel Homestead 
Works (site of the 1892 bloody Homestead Steel Strike), the 
Carrie Furnace complex (last of the giant blast furnaces from 
the Homestead Works), and the Hot Metal Bridge.
    H.R. 521 would create a 38-acre National Historic Park 
within the National Heritage Area to further highlight the 
Homestead Works, the Carrie Furnace and the Hot Metal Bridge.

                            COMMITTEE ACTION

    H.R. 521 was introduced on February 4, 2003, by Congressman 
Mike Doyle (D-PA). The bill was referred to the Committee on 
Resources, and within the Committee to the Subcommittee on 
National Parks, Recreation and Public Lands. On October 29, 
2003, the Full Resources Committee met to consider the bill. 
The Subcommittee on National Parks, Recreation and Public Lands 
was discharged from further consideration of the bill by 
unanimous consent. Congressman Richard Pombo (R-CA) offered an 
amendment in the nature of a substitute that required all land 
acquired for the Historic Site be by donation only, added a map 
name and number to the bill, and included private property 
protections. The amendment was agreed to by unanimous consent. 
The bill, as amended, was then ordered favorably reported to 
the House of Representatives by unanimous consent.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Resources' oversight findings and recommendations 
are reflected in the body of this report.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Article I, section 8 and Article IV, section 3 of the 
Constitution of the United States grant Congress the authority 
to enact this bill.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. General Performance Goals and Objectives. This bill does 
not authorize funding and therefore, clause 3(c)(4) of rule 
XIII of the Rules of the House of Representatives does not 
apply.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                 Washington, DC, November 10, 2003.
Hon. Richard W. Pombo,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 521, the Steel 
Industry National Historic Site Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                       Douglas Holtz-Eakin,
                                                          Director.
    Enclosure.

H.R. 521--Steel Industry National Historic Site Act

    Summary: H.R. 521 would establish the Steel Industry 
National Historic Site (NHS) in Pennsylvania as a unit of the 
National Park System. The federal budget impact of enacting 
this legislation is uncertain and would depend on unknown 
factors such as the condition of property that may be acquired 
by the National Park Service (NPS), the need for mitigating 
environmental or other safety hazards, and the extent of 
nonfederal participation in the project. Depending on the level 
of restoration, stabilization, and development for visitor use 
that would be undertaken, CBO estimates that initial costs to 
establish and operate the new NHS would be between $55 million 
and $120 million over the five years following enactment. Some 
of these costs could be borne by state, local, or nonprofit 
entities, but the legislation would not require cost-sharing. 
All federal spending to implement the project, including 
operating expenses of about $1 million annually, would be 
subject to appropriation. Enacting the legislation would not 
affect direct spending or revenues.
    The bill contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no costs on state, local, or tribal 
governments.
    Major provisions: Under H.R. 521, the Steel Industry NHS 
would consist of three or more separate properties in 
southwestern Pennsylvania--the Battle of Homestead site 
(between 3 acres and 5 acres and related structures), the 35-
acre Carrie Furnace complex (including blast furnaces, an ore 
yard, and related buildings), the hot metal bridge over the 
Monongahela River, and possibly up to 10 acres of nearby land 
that may be acquired by the NPS for visitor and administrative 
facilities. H.R. 521 would authorize the NPS to acquire all of 
these sites (as well as related personal property) by donation 
only. In addition to managing the NHS, the NPS couldprovide 
technical and financial assistance to local parties for their 
preservation and management efforts. The agency also would prepare a 
general management plan for the site within three years of the bill's 
enactment.
    Estimated cost to the Federal Government: CBO estimates 
that one-time planning, restoration, and development costs to 
establish the Steel Industry NHS would be between $50 million 
and $115 million over the first five years following the bill's 
enactment. Of this amount, about $15 million would be used to 
build administrative and visitor facilities and develop an 
interpretive program. Planning (including the preparation of a 
general management plan, historic structures report, 
environmental assessments, and other requisite studies) would 
cost $1 million over the first three years. The balance of one-
time costs are uncertain and would depend on the need to 
restore historic structures, to stabilize or rehabilitate 
industrial property such as blast furnaces and the hot metal 
bridge, and to mitigate hazardous conditions and environmental 
contamination.
    We estimate that managing the new NHS would increase NPS 
operating costs by a total of $5 million through 2008. After 
2008, estimated ongoing costs would be less than $2 million a 
year. Annual costs would include routine NPS operating 
expenses, services to secure and maintain special property such 
as the bridge and blast furnaces, and technical assistance to 
nonfederal participant organizations.
    This estimate is based on information provided by the 
nonprofit Steel Industry Heritage Corporation, the NPS, and 
other federal, state, and local agencies. For this estimate, 
CBO assumes that any significant contamination or other safety 
hazards located on donated property would be corrected before 
or soon after federal acquisition. If the agency should acquire 
contaminated or unsafe property, the federal government could 
be liable for future third-party damages, but CBO has no basis 
for estimating the likelihood or amount of such costs.
    Intergovernmental and private-sector impact: The bill 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no costs on state, local, or 
tribal governments.
    Estimate prepared by: Federal Costs: Deborah Reis. Impact 
on State, Local, and Tribal Governments: Marjorie Miller. 
Impact on the Private Sector: Cecil McPherson.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

    This bill is not intended to preempt any State, local or 
tribal law.

                        CHANGES IN EXISTING LAW

    If enacted, this bill would make no changes in existing 
law.

                                
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