[Senate Report 108-270]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 525
108th Congress                                                   Report
                                 SENATE
 2d Session                                                     108-270
======================================================================


 
          MANHATTAN PROJECT NATIONAL HISTORICAL PARK STUDY ACT

                                _______
                                

                  May 20, 2004.--Ordered to be printed

                                _______
                                

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

                              R E P O R T

                         [To accompany S. 1687]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 1687) to direct the Secretary of the 
Interior, to conduct a study on the preservation and 
interpretation of the historic sites of the Manhattan Project 
for potential inclusion in the National Park System, 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 ``Manhattan Project National Historical 
Park Study Act''.

SEC. 2. DEFINITIONS.

  In this Act:
          (1) Secretary.--The term ``Secretary'' means the Secretary of 
        the Interior.
          (2) Study.--The term ``study'' means the study authorized by 
        section 3(a).
          (3) Study area.--
                  (A) In general.--The term ``study area'' means the 
                historically significant sites associated with the 
                Manhattan Project.
                  (B) Inclusions.--The term ``study area'' includes--
                          (i) Los Alamos National Laboratory and 
                        townsite in the State of New Mexico;
                          (ii) the Hanford Site in the State of 
                        Washington; and
                          (iii) Oak Ridge Reservation in the State of 
                        Tennessee.

SEC. 3. SPECIAL RESOURCE STUDY.

  (a) Study.--
          (1) In general.--The Secretary, in consultation with the 
        Secretary of Energy, shall conduct a special resource study of 
        the study area to assess the national significance, 
        suitability, and feasibility of designating 1 or more sites 
        within the study area as a unit of the National Park System in 
        accordance with section 8(c) of Public Law 91-383 (16 U.S.C. 
        1a-5(c)).
          (2) Administration.--In conducting the study, the Secretary 
        shall--
                  (A) consult with interested Federal, State, tribal, 
                and local officials, representatives of organizations, 
                and members of the public;
                  (B) evaluate, in coordination with the Secretary of 
                Energy, the compatibility of designating 1 or more 
                sites within the study area as a unit of the National 
                Park System with maintaining the security, 
                productivity, and management goals of the Department of 
                Energy and public health and safety; and
                  (C) consider research in existence on the date of 
                enactment of this Act by the Department of Energy on 
                the historical significance and feasibility of 
                preserving and interpreting the various sites and 
                structures in the study area.
  (b) Report.--Not later than 2 years after the date on which funds are 
made available to carry out the study, the Secretary shall submit to 
Congress a report that describes the findings of the study and the 
conclusions and recommendations of the Secretary.

SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

  There are authorized to be appropriated such sums as are necessary to 
carry out this Act.

                         PURPOSE OF THE MEASURE

    As ordered reported, the purpose of S. 1687 is to direct 
the Secretary of the Interior to conduct a study on the 
preservation and interpretation of the historic sites of the 
Manhattan Project for potential inclusion in the National Park 
System.

                          BACKGROUND AND NEED

    The Manhattan Project was a top-secret program implemented 
during World War II which was designed to beat Nazi Germany to 
the construction of the first nuclear bomb. The results of the 
three year, multi-million dollar Manhattan Project transformed 
the world of science and technology and ultimately ushered in 
the modern information age.
    The project was carried out in four primary locations 
including Oak Ridge, Tennessee, where the first uranium 
enrichment facilities and pilot scale nuclear reactor were 
built; Hanford, Washington, the location of the first large-
scale reactor for producing plutonium; Los Alamos, New Mexico, 
where the first atomic bombs were designed and built; and the 
Trinity Site, New Mexico, where the first nuclear device was 
detonated.
    Three of these sites have been designated as National 
Historic Landmarks and all are included on the National 
Register of Historic Places. A panel of experts convened by the 
Advisory Council on Historic Preservation reported in 2001 that 
the development and use of the atomic bomb during World War II 
has been called ``the single most significant event of the 20th 
century.'' The Advisory Council recommended that the sites of 
the Manhattan Project be formally established as a collective 
unit and be administered for preservation, commemoration and 
public interpretation in cooperation with the National Park 
Service.
    As ordered reported, S. 1687 directs the Secretary of the 
Interior to conduct a feasibility study of historically 
significant sites associated with the Manhattan Project for 
inclusion as a unit of the National Park System. The purpose of 
the study is to evaluate the compatibility of designating one 
or more of these sites as a national historical park. 
Additionally, the study will evaluate the compatibility of such 
a designation with maintaining the security, productivity and 
management goals of the Department of Energy.

                          LEGISLATIVE HISTORY

    S. 1687 was introduced by Senators Bingaman, Cantwell, and 
Murray on September 30, 2003. Senators Domenici and Alexander 
are cosponsors. A companion bill, H.R. 3207, was introduced by 
Representative Hastings on September 30, 2003.
    The Subcommittee on National Parks held a hearing on S. 
1687 on March 9, 2004. At the business meeting on April 28, 
2004, the Senate Energy and Natural Resources Committee ordered 
S. 1687 favorably reported with an amendment in the nature of a 
substitute.

                        COMMITTEE RECOMMENDATION

    The Senate Committee on Energy and Natural Resources, in 
open business session on April 28, 2004, by a unanimous voice 
vote of a quorum present, recommends that the Senate pass S. 
1687, if amended as described herein.

                          COMMITTEE AMENDMENT

    During its consideration of S. 1687, the Committee adopted 
an amendment in the nature of a substitute. The substitute 
amendment makes several clarifying changes, removes the 
statement of findings, eliminates the Trinity Site in New 
Mexico from the list of sites specifically included in the 
study area, and increases the time allowed the Secretary of the 
Interior to produce the report to Congress from one year to 
two. The amendment is described in detail in the section-by-
section analysis, below.

                      SECTION-BY-SECTION ANALYSIS

    Section 1 entitles the bill the ``Manhattan Project 
National Historical Park Study Act''.
    Section 2 defines terms used in the Act.
    Section 3(a)(1) directs the Secretary of the Interior 
(Secretary), in consultation with the Secretary of Energy, to 
conduct a special resource study to assess the national 
significance, suitability and feasibility of designating the 
various historic sites and structures of the study area as a 
unit of the National Park System.
    Paragraph (2)(A) directs the Secretary to consult with 
interested Federal, State, tribal, and local officials, 
organizations and members of the public.
    Subparagraph (B) directs the Secretary to evaluate the 
compatibility of designating one or more parts of the study 
area as a unit of the National Park System, with maintaining 
security, productivity and management goals of the Department 
of Energy and the Department of Defense, as well as public 
health and safety.
    Subparagraph (C) directs the Secretary to consider the 
Department of Energy's existing research on the historical 
significance of the various sites within the study area, as 
well as the feasibility of preserving and interpreting them.
    Subsection (b) requires the Secretary to submit a report to 
Congress documenting the findings, conclusions and 
recommendations of the study, not later than two years after 
funds have been made available.
    Section 4 authorizes the appropriation of such sums as are 
necessary to carry out this Act.

                   COST AND BUDGETARY CONSIDERATIONS

    The Congressional Budget Office estimate of the costs 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. 1687.
    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. 1687.

                        EXECUTIVE COMMUNICATIONS

    The Committee on Energy and Natural Resources requested 
legislative reports setting forth Executive agency 
recommendations on S. 1687 from the Department of the Interior 
and the Office of Management and Budget on March 1, 2004, and 
from the Department of Defense and the Department of Energy on 
March 2, 2004. These reports had not been received when this 
report was filed. The testimony provided by the Department of 
the Interior at the Subcommittee hearing on S. 1687 follows:

   Statement of P. Daniel Smith, Special Assistant to the Director, 
           National Park Service, Department of the Interior

    Mr. Chairman, thank you for the opportunity to present the 
Department's views on S. 1687, to direct the Secretary of the 
Interior to conduct a study on the preservation and 
interpretation of the historic sites of the Manhattan Project 
for potential inclusion in the National Park System.
    The Department does not oppose S. 1687, if amended as 
described in this testimony. This study would provide an 
opportunity to determine appropriate ways to preserve and 
interpret resources associated with the Manhattan Project, 
through which the United States developed the atomic bomb 
during World War II. While we agree that it is wholly 
appropriate to study ways to preserve the sites where the 
nuclear age began, we are concerned about the feasibility for 
management of these sites by the National Park Service (NPS), 
as the sites involve extremely large facilities with tremendous 
potential costs of maintenance and possible issues about safety 
in some of the buildings. In light of the President's 
commitment to devote more resources to addressing the backlog 
of deferred maintenance in existing units of the National Park 
System, we have made an effort to curtail taking on new 
responsibilities. For this reason, we believe that the study 
should focus on evaluating alternatives for preservation and 
interpretation including what, if any, role might best be 
played by the NPS or other partners. We would suggest that S. 
1687 be amended to specify that the study concentrate on those 
options, and we would be happy to work with the committee to 
develop an amendment for that purpose.
    The NPS is in various stages of progress on 34 studies 
previously authorized by Congress, 23 of which are being funded 
through the special resource study budget. We completed five 
studies in FY 2003, and we expect to complete about nine in FY 
2004. Our highest priority is to complete these pending 
studies, though we expect to start newly authorized studies as 
soon as funds are made available. Given the type of facilities 
involved, the study authorized by S. 1687 is anticipated to 
cost more than most studies, which average around $250,000. We 
estimate that this study would cost between $500,000 and 
$750,000 assuming that we could rely on available data, 
including environmental evaluations, to make initial 
determinations about the structural condition of the facilities 
and the status of potential hazardous materials.
    S. 1687 directs the Secretary of the Interior to conduct a 
special resource study on the Manhattan Project sites in 
accordance with the law governing these studies, section 8(c) 
of Public Law 91-383, except for the provision that calls for 
the study to be completed in three years after funding is made 
available. Section 4(b) of S. 1687 requires the study to be 
completed in one year. We would recommend that this section be 
amended to provide the usual three years for completing the 
study.
    The study area designated by S. 1687 includes: (1) Los 
Alamos National Laboratory and the town of Los Alamos in New 
Mexico; (2) the Trinity Site on the White Sands Missile Range, 
also in New Mexico; (3) the Hanford Site in Washington; (4) Oak 
Ridge Laboratory in Tennessee; and (5) other significant sites 
relating to the Manhattan Project determined by the Secretary. 
The four sites named in the bill are generally viewed as the 
most important sites related to the Manhattan Project and are 
the areas in which the National Park Service would focus the 
study, but we think it is appropriate to include the 
flexibility to study other areas as well.
    Operating from December, 1942 until September, 1945, the 
Manhattan Project was a $2.2 billion effort that employed 
130,000 workers at its peak, but was kept largely out of public 
view. Like so many of the national mobilization efforts of 
American industry and agriculture that led to the Allied 
victory in World War II, the Manhattan Project illustrates how 
the federal government worked with the private sector to carry 
out basic and applied scientific research at a scale unheard of 
before the war. This nationwide project had significant results 
B shortening the war and averting an invasion of Japanese home 
islands. The introduction of nuclear weaponry to our nation's 
arsenal changed forever world history and has been recognized 
as one of the most important events of the twentieth century.
    If directed by Congress and if funds are made available, a 
NPS special resource study would build upon the efforts of the 
Department of Energy (DOE) and its preservation partners, 
including the Atomic Heritage Foundation and the President's 
Advisory Council on Historic Preservation, which have already 
identified the most significant sites associated with the 
Manhattan Project.
    In 1999, recognizing the significance of the Manhattan 
Project sites, DOE prepared a study that identified eight 
``Signature Facilities'' as being the most important places for 
understanding the development of nuclear weapons at the end of 
World War II. Seven of the eight facilities are within the four 
study areas specifically named in S. 1687. The eight facilities 
are:
     Metallurgical Laboratory, University of Chicago 
(Chemistry Building and CP-1 site). In August 1942, ``Met Lab'' 
isolated the first weighable amount of plutonium. The Chemistry 
Building is now a National Historic Landmark. On December 2, 
1942, CP-1 (Fermi's ``pile'' at Stagg Field) produced the first 
self-sustaining nuclear reaction.
     X-10 Graphite Reactor, Oak Ridge. Built in 1943, 
this facility was designed as the pilot for the Hanford 
production reactors. It produced the first significant amounts 
of plutonium. It is a National Historic Landmark.
     K-25 Gaseous Diffusion Process Building, Oak 
Ridge. Completed in 1945, this U-shaped building measures half 
a mile by 1,000 feet. Gaseous diffusion was one of three 
isotope separations processes that provided uranium-235 for the 
Hiroshima weapon (``Little Boy''). Gaseous diffusion was the 
only uranium enrichment process used during the Cold War.
     Y-12 Beta-3 Racetracks, Oak Ridge. This facility 
produced uranium-235 for the Hiroshima weapon. It is the only 
surviving production-level electromagnetic isotope separations 
facility in the United States.
     B Reactor, Hanford. Completed in 1944, this was 
the world's first large-scale plutonium production reactor. It 
produced plutonium for the Trinity device, the Nagasaki weapon 
(``Fat Man''), and Cold War weapons. It is a National Historic 
Mechanical Engineering Landmark.
     Chemical Separations Building (T Plant), Hanford. 
Completed in 1944-45, this plant separated plutonium out of 
production reactor fuel rods. It is a massive canyon-like 
structure that stands 800 feet long, 65 feet wide, and 80 feet 
high.
     V-Site Assembly Building, Los Alamos. This 
building is among the last remaining Manhattan Project 
buildings at Los Alamos. The trinity device and later weapons 
were assembled here. Other buildings at this site were 
destroyed by the Cerro Grande fire in 2000.
     Trinity Site, Alamogordo. The July 16, 1945 test 
at this site began the atomic age. The site is now part of 
White Sands Missile Range, owned by the Department of Defense. 
It is a National Historic Landmark.
    In 2001, DOE partnered with the President's Advisory 
Council on Historic Preservation to conduct a survey of these 
eight facilities (all but two are under DOE ownership) and to 
make recommendations regarding their preservation. The panel of 
experts who participated in the study determined that each of 
the sites qualify not only for National Historic Landmark 
status, but also as World Heritage sites.
    In 2001, through Public Law 107-66, Congress directed DOE 
to prepare a preservation plan for the Manhattan Project. The 
FY 2004 Energy and Water Appropriations Act provided $1 million 
to DOE to support preservation of the Manhattan Project sites. 
Last fall, DOE awarded the Atomic Heritage Foundation a grant 
to produce a report on how to best preserve the history of the 
Manhattan Project so that the public and future generations can 
better understand what the Manhattan Project was, its legacy, 
and lessons for today. The report will address: (1) the 
Manhattan Project buildings, artifacts, and other aspects of 
the history that should be preserved; (2) the estimated costs 
of restoration, preservation and long-term stewardship of these 
properties, and (3) what roles federal, state, and local 
government agencies, nonprofits, the private sector and others 
might play in preservation and stewardship. An interim report 
was presented to Congress in September 2003.
    Mr. Chairman, this concludes my testimony. I would be happy 
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. 1687 as ordered 
reported.

                                  
