[House Report 110-92]
[From the U.S. Government Publishing Office]



110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     110-92

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



 
               STEEL INDUSTRY NATIONAL HISTORIC SITE ACT

                                _______
                                

 April 17, 2007.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Rahall, from the Committee on Natural Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 285]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Natural Resources, to whom was referred the 
bill (H.R. 285) to establish the Steel Industry National 
Historic Site in the State 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 Natural Resources of the United 
        States House of Representatives and the Committee on Energy and 
        Natural Resources of the United States Senate.
  (i) Authorization of Appropriations.--There is authorized to be 
appropriated not more than $30,000,000 for development of the historic 
site.

                          PURPOSE OF THE BILL

    The purpose of H.R. 285, as ordered reported, is to 
establish the Steel Industry National Historic Site in the 
Commonwealth of Pennsylvania.

                  BACKGROUND AND NEED FOR LEGISLATION

    H.R. 285 would combine sites associated with the Homestead 
Steel Works, located just outside of Pittsburgh, PA, and 
designate them as the ``Steel Industry National Historic 
Site.''
    The Homestead Steel Works includes a number of nationally 
significant sites and structures important to labor and 
steelworker history and the development of integrated 
steelmaking operations. It was here that the infamous ``Battle 
of Homestead'' occurred in 1892 between striking steelworkers 
and armed guards hired by the company's owners. Plant 
operations were considered pivotal in the development of the 
American iron and steel industry and helped identify Pittsburgh 
as the capital of ``Big Steel.''
    The national historic site would include three specific 
sites: the U.S. Steel Homestead Works; the Carrie Furnace 
Complex; and the Hot Metal Bridge, totaling approximately 38 
acres. The sites would be acquired by donation only and would 
be administered by the National Park Service as a unit of the 
National Park System.
    Similar legislation was approved by the Committee in the 
107th and 108th Congresses and the legislation passed the House 
as part of another measure in the 108th Congress.

                            COMMITTEE ACTION

    H.R. 285 was introduced on January 5, 2007 by Rep. Mike 
Doyle (D-PA). The bill was referred to the Committee on 
Resources, and within the Committee to the Subcommittee on 
National Parks, Forests and Public Lands. On March 7, 2007, the 
Full Natural Resources Committee met to consider the bill. The 
Subcommittee on National Parks, Forests and Public Lands was 
discharged from further consideration of the bill by unanimous 
consent. Subcommittee Chairman Raul Grijalva (D-AZ) offered an 
amendment to limit the authorization of appropriations for 
development of the historic site. The amendment was adopted by 
voice vote. The bill as amended was then ordered favorably 
reported to the House of Representatives by voice vote.

                      SECTION-BY-SECTION ANALYSIS

Section 1. Short title

    Provides that this Act may be cited as the ``Steel Industry 
National Historic Site Act.''

Section 2. Findings and purposes

    This section provides a number of findings on the 
historical importance of the site and states that the purposes 
of the Act are to ensure the preservation, interpretation, 
visitor enjoyment, and maintenance of the nationally 
significant historical and cultural sites and structures of the 
area for the benefit and inspiration of present and future 
generations.

Section 3. Establishment and administration of the historic site

    This section establishes the historic site as a unit of the 
National Park System. It references a map of the boundaries of 
the historic site and provides for the acquisition of property 
only by donation. The section also provides for administration 
of the historic site in accordance with the provisions of law 
generally applicable to units of the National Park System and 
also authorizes cooperative agreements to assist in the 
administration of the site. The section further directs the 
development and submission of a general management plan for the 
historic site. Finally, it provides that there is authorized to 
be appropriated not more than $30,000,000 for development of 
the site.

            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 of the Constitution of the United 
States grants 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. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to establish the Steel Industry 
National Historic Site.
    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:

H.R. 285--Steel Industry National Historic Site Act

    Summary: H.R. 285 would establish the Steel Industry 
National Historic Site (NHS) in Pennsylvania as a unit of the 
National Park System. Assuming appropriation of the amounts 
authorized or estimated to be necessary, CBO estimates that 
developing and operating the new site would cost about $40 
million over the next five years. The National Park Service 
(NPS) could incur other costs to implement this legislation, 
but such costs would depend on presently unknown factors such 
as the condition of property that may be acquired by the 
federal government and the need for mitigating environmental or 
other safety hazards. Enacting H.R. 285 would not affect direct 
spending or revenues.
    Under H.R. 285, 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. 285 
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 Park Service could provide 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. Finally, the bill would authorize the appropriation 
of $30 million for development of the site.
    H.R. 285 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.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 285 is shown in the following table. 
The costs of this legislation fall within budget function 300 
(natural resources and environment).

------------------------------------------------------------------------
                                      By fiscal year, in millions of
                                                 dollars--
                                 ---------------------------------------
                                   2008    2009    2010    2011    2012
------------------------------------------------------------------------
              CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Estimated Authorization Level...       2       7      27       2       2
Estimated Outlays...............       2       5      14      12       7
------------------------------------------------------------------------

    Basis of estimate: CBO estimates that one-time planning and 
development costs to establish the Steel Industry NHS would be 
$31 million over the five years following the bill's enactment. 
Of this amount, about $1 million would be used for the 
preparation of a general management plan, historic structures 
report, environmental assessments, and other requisite studies. 
The remaining $30 million--specifically authorized by the bill 
for site development--would be spent on design and construction 
of administrative and visitor facilities and creation of an 
interpretive program over the 2009-2012 period. Implementing 
H.R. 285 could involve other one-time costs, such as mitigation 
of hazardous conditions and environmental contamination, but 
CBO has no basis for estimating any such costs, which we assume 
would not be included in the bill's authorization to 
appropriate $30 million.
    We estimate that administering the new NHS would increase 
NPS costs by $1 million in 2008 and by $2 million a year for 
2009 through 2012. (After 2012, annual costs would be about $3 
million, CBO estimates.) 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 NPS 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: H.R. 285 
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: Amy Petz.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                           EARMARK STATEMENT

    H.R. 285 does not contain any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9(d), 9(e) or 9(f) of rule XXI.

                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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