[House Report 108-360]
[From the U.S. Government Publishing Office]
108th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 108-360
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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.