[Senate Report 108-134]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 258
108th Congress                                                   Report
                                 SENATE
 1st Session                                                    108-134
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          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.

                                
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