[Senate Report 111-262]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 532
111th Congress                                                   Report
                                 SENATE
 2d Session                                                     111-262

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



 
   MINUTEMAN MISSILE NATIONAL HISTORIC SITE BOUNDARY MODIFICATION ACT

                                _______
                                

                 August 5, 2010.--Ordered to be printed

                                _______
                                

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

                              R E P O R T

                         [To accompany S. 2726]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 2726) to modify the boundary of the 
Minuteman Missile National Historic Site in the State of South 
Dakota, 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:
    1. On page 2, strike lines 5 through 18 and insert the 
following:

          ``(3) Visitor facility and administrative site.--
                  ``(A) In general.--In addition to the 
                components described in paragraph (2), the 
                historic site shall include a visitor facility 
                and administrative site located on the parcel 
                of land described in subparagraph (B).
                  ``(B) Description of land.--The land referred 
                to in subparagraph (A) consists of 
                approximately 25 acres of land within the 
                Buffalo Gap National Grassland in South Dakota 
                as generally depicted on the map entitled 
                `Minuteman Missile National Historic Site 
                Boundary Modification', numbered 406/80,011, 
                and dated July 17, 2009.
                  ``(C) Availability of map.--The map described 
                in subparagraph (B) shall be kept on file and 
                available for public inspection in the 
                appropriate offices of the National Park 
                Service.
                  ``(D) Transfer of administrative 
                jurisdiction.--Administrative jurisdiction over 
                the land described in subparagraph (B) is 
                transferred from the Secretary of Agriculture 
                to the Secretary, to be administered as part of 
                the historic site.
                  ``(E) Boundary adjustment.--The boundaries of 
                the Buffalo Gap National Grasslands are 
                modified to exclude the land transferred under 
                subparagraph (D).''.

                                Purpose

    The purpose of S. 2726 is to modify the boundary of the 
Minuteman Missile National Historic Site in the State of South 
Dakota.

                          Background and Need

    In 1999, Congress established the Minuteman Missile 
National Historic Site in South Dakota to recognize the 
significance of the Minuteman Intercontinental Ballistic 
Missile (ICBM). The ICBM was developed during the Cuban missile 
crisis of 1962 and played a critical role in the Cold War arms 
race as America's first ``push-button'' nuclear missile.
    The U.S. Air Force deployed over 1,000 Minuteman missiles 
in underground silos throughout the central states during the 
Cold War. With the collapse of the Soviet Union, the Cold War 
effectively ended, and in 1991, the two countries signed the 
Strategic Arms Reduction Treaty (START). This agreement 
required that all Minuteman missiles be deactivated, including 
the missiles at Ellsworth Air Force Base in South Dakota.
    In 1993, the National Park Service and the Air Force 
entered into a cooperative agreement to temporarily preserve 
two Minuteman sites, the Delta One and Delta Nine sites at 
Ellsworth Air Force Base. The Air Force simultaneously 
requested and funded a Special Resource Study to assess the 
suitability and feasibility of adding the sites to the National 
Park System. After finding that the sites fit the criteria, 
Congress enacted the Minuteman Missile National Historic Site 
Establishment Act of 1999 (Public Law 106-115). S. 2726 
modifies the park boundary to include land, currently 
administered as part of the Buffalo Gap National Grasslands, on 
which to establish a visitor facility and administrative site.

                          Legislative History

    S. 2726 was introduced by Senator Johnson on November 4, 
2009. The Subcommittee on National Parks held a hearing on S. 
2726 on December 3, 2009. The Committee on Energy and Natural 
Resources considered the bill and adopted an amendment at its 
business meeting on June 16, 2010. The Committee ordered S. 
2726 favorably reported with the amendment at its business 
meeting on June 21, 2010.

                        Committee Recommendation

    The Senate Committee on Energy and Natural Resources, in 
open business session on June 21, 2010, by voice vote of a 
quorum present, recommends that the Senate pass S. 2726, if 
amended as described herein.

                          Committee Amendment

    During its consideration of S. 2726, the Committee adopted 
an amendment. The amendment makes technical changes to section 
2(3), adds a subparagraph that transfers administrative 
jurisdiction over the 25-acre site on which the visitor 
facility and administrative offices are to be located from the 
Secretary of Agriculture to the Secretary of the Interior, and 
modifies the boundaries of the Buffalo Gap National Grassland 
to exclude the site from the National Grassland boundaries.

                      Section-by-Section Analysis

    Section 1 provides the short title, the ``Minuteman Missile 
National Historic Site Boundary Modification Act.''
    Section 2 amends section 3(a) of the Minuteman Missile 
National Historic Site Establishment Act (Public Law 106-115; 
16 U.S.C. 461 note) to include in the historic site the 25-acre 
site on which the visitor facility and administrative offices 
are to be located, and includes a map reference to describe the 
transferred lands. Administrative jurisdiction over the site is 
transferred from the Secretary of Agriculture to the Secretary 
of the Interior, and the boundaries of the Buffalo Gap National 
Grassland are modified to exclude the site.

                   Cost and Budgetary Considerations

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office:

S. 2726--Minuteman Missile National Historic Site Boundary Modification 
        Act

    S. 2726 would approve the transfer of administrative 
jurisdiction of 25 acres of the Buffalo Gap National Grasslands 
from the Forest Service to the National Park Service (NPS). The 
NPS would use the land for a visitor center and administrative 
site for the Minuteman Missile National Historic Site in South 
Dakota.
    Based on information provided by the NPS, CBO estimates 
that implementing S. 2726 would have no significant effect on 
the federal budget. Authority to transfer the land and build 
and operate a facility was provided in the legislation that 
established the park unit in 1999. At that time, CBO estimated 
that the cost of constructing the facility would be about $5 
million. That amount has already been appropriated for the 
project. Because the legislation does not affect direct 
spending or revenues, pay-as-you-go procedures would not apply.
    S. 2726 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 Martin von 
Gnechten. The estimate was approved by Theresa Gullo, Deputy 
Assistant Director for Budget Analysis.

                   Congressionally Directed Spending

    S. 2726, as ordered reported, does not contain any 
congressionally directed spending items, limited tax benefits, 
or limited tariff benefits as defined in rule XLIV of the 
Standing Rules 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. 2726.
    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. 2726.

                        Executive Communications

    The testimony provided by the National Park Service at the 
December 3, 2009 Subcommittee hearing on S. 2726 follows:

   Statement of Katherine H. Stevenson, Assistant Director, Business 
      Services, National Park Service, Department of the Interior

    Mr. Chairman, thank you for the opportunity to appear 
before your committee to present the views of the Department of 
the Interior on S. 2726, a bill to modify the boundary of the 
Minuteman Missile National Historic Site in the State of South 
Dakota.
    The Department supports S. 2726 with some technical 
amendments included at the end of this statement.
    S. 2726 would authorize the Secretary to transfer 25 acres 
of Buffalo Gap National Grasslands from the U.S. Forest Service 
to Minuteman Missile National Historic Site in Philip, South 
Dakota, to establish a visitor facility and administrative 
site. The new facility would be located north of exit 131 on 
Interstate 90 in Jackson County, South Dakota. Minuteman 
Missile's enabling legislation states, ``On a determination by 
the Secretary of the appropriate location for a visitor 
facility and administrative site, the boundary of the historic 
site shall be modified to include the selected site.'' The 
enabling legislation also included a map of the visitor center 
site indicating that the proposed area would be 10 acres in 
size. Later planning indicated that a minimum size for the 
visitor center site would require 25 acres. National Park 
Service and U.S. Forest Service personnel, in consultation with 
our respective lawyers, have discussed that in view of the 
increase in acreage, it would be appropriate to provide for 
that increase in new legislation. There would be no cost 
involved in this land transfer.
    The U.S. Forest Service (Buffalo Gap National Grassland) is 
in agreement with the recommended land transfer and has 
provided Minuteman Missile NHS with an outline of the land 
transfer process. The National Park Service's Midwest regional 
architects and engineers conducted an on-site visit in March 
2009 with the Minuteman Missile NHS staff to determine the 
number of acres necessary for the land transfer. The National 
Grassland representatives met with representatives from the 
National Park Service to discuss the proposed land involved in 
the transfer and the U.S. Forest Service has agreed to the 
transfer of 25 acres. We note that the U.S. Forest Service also 
has identified the Bankhead Jones Farm Tenant Act of 1937 as 
another possible vehicle for this transfer.
    Public Law 106-115 established the Minuteman Missile 
National Historic Site. The General Management Plan/
Environmental Impact Statement (GMP/EIS) scoping began in 2001 
and the record of decision was signed on July 2, 2009. The 
GMP's preferred alternative included the development of a 
visitor center/administrative facility and a land transfer from 
the U.S. Forest Service to the National Park Service for the 
site of the facility. The GMP recommended the preferred 
location at I-90 South Dakota Exit 131 with ``up to'' 25 acres 
for the complete facility.
    The estimated cost to build the visitor center and 
administrative site is $4.7 million, and the estimated cost to 
annual operate and maintain both facilities would be 
approximately $750,000. All funds would be subject to NPS 
priorities and the availability of appropriations.
    The transfer between the National Park Service and the U.S. 
Forest Service would be conducted in accordance with applicable 
laws, regulations, and policies.
    Mr. Chairman, this concludes my testimony. I look forward 
to working with the Committee on these amendments and other 
technical issues. I am prepared to answer any questions from 
members of the Committee.


proposed amendments to s. 2726, the minuteman missile national historic 
                     site boundary modification act


    Page 2, line 2, by striking `` respectively; and'' and 
inserting ``respectively;''
    Page 2, line 6, by inserting ``also'' after ``historic 
site''.
    Page 2, line 18, by striking ``2009'.'' and inserting 
``2009'; and''
    Page 2, after line 18, by inserting
          (3) in section (3)(a)(3), as redesignated by 
        paragraph (1), by striking ``(4) Availability of map.--
        The map described in paragraph (2)'' and inserting 
        ``(4) Availability of maps.--The maps described in 
        paragraphs (2) and (3)''
          _(4) in section (3)(e)(1), by striking ``Except as 
        provided in paragraph (2)'' and inserting ``Except as 
        provided in paragraphs (2) and (3)''.
          _(5) in section (3)(e), by adding a new paragraph (3) 
        as follows:
          (3) The Secretary of Agriculture shall transfer 
        administrative jurisdiction over the lands described in 
        paragraph 3(a)(3) to the Secretary, and shall modify 
        the boundaries of the Buffalo Gap National Grassland to 
        exclude the transferred lands from the grassland 
        boundaries. As soon as practicable after the transfer, 
        the Secretary shall prepare a map and a legal 
        description of the lands described herein, which shall 
        be on file and available for public inspection in the 
        appropriate offices of the National Park Service.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill S. 2726, as ordered reported, are shown as follows 
(existing law proposed to be omitted is enclosed in black 
brackets, new matter is printed in italic, existing law in 
which no change is proposed is shown in roman):

   MINUTEMAN MISSILE NATIONAL HISTORIC SITE ESTABLISHMENT ACT OF 1999


            (Public Law 106-115; Approved November 29, 1999)


AN ACT To establish the Minuteman Missile National Historic Site in the 
             State of South Dakota, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

           *       *       *       *       *       *       *


SEC. 3. MINUTEMAN MISSILE NATIONAL HISTORIC SITE.

    (a) Establishment.--
          (1) In general.--The Minuteman Missile National 
        Historic Site in the State of South Dakota (referred to 
        in this Act as the ``historic site'') is established as 
        a unit of the National Park System.
          (2) Components of site.--The historic site shall 
        consist of the land and interests in land comprising 
        the Minuteman II ICBM launch control facilities, as 
        generally depicted on the map referred to as 
        ``Minuteman Missile National Historic Site'', numbered 
        406/80,008 and dated September, 1998, including--
                  (A) the area surrounding the Minuteman II 
                ICBM launch control facility depicted as 
                ``Delta 1 Launch Control Facility''; and
                  (B) the area surrounding the Minuteman II 
                ICBM launch control facility depicted as 
                ``Delta 9 Launch Facility''.
          (3) Visitor facility and administrative site.--
                  (A) The historic site shall also include a 
                visitor facility and administrative site 
                located on the parcel of land described in 
                subparagraph (B).
                  (B) The land referenced in subparagraph (A) 
                consists of approximately 25 acres of land 
                within the Buffalo Gap National Grasslands in 
                South Dakota as generally depicted on the map 
                entitled ``Minuteman Missile National Historic 
                Site Boundary Modification'', numbered 406/
                80,011 and dated July 17, 2009.
                  (C) Administrative jurisdiction over the land 
                described in subparagraph (B) is hereby 
                transferred from the Secretary of Agriculture 
                to the Secretary, to be administered as part of 
                the historic site. The boundaries of the 
                Buffalo Gap National Grassland are modified to 
                exclude the transferred lands from the National 
                Grassland boundaries. The map referenced in 
                subparagraph (B) shall be kept on file and 
                available for public inspection in the 
                appropriate offices of the National Park 
                Service.
          [(3)] (4) Availability of map.--The map described in 
        paragraph (2) shall be on file and available for public 
        inspection in the appropriate offices of the National 
        Park Service.
          [(4)] (5) Adustments to boundary.--The Secretary of 
        the Interior (referred to in this Act as the 
        ``Secretary'') is authorized to make minor adjustments 
        to the boundary of the historic site.

           *       *       *       *       *       *       *


                                  
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