[Senate Report 113-65]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 119
113th Congress                                                   Report
                                 SENATE
 1st Session                                                     113-65

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                    MANHATTAN PROJECT NATIONAL PARK

                                _______
                                

                 June 27, 2013.--Ordered to be printed

                                _______
                                

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

                              R E P O R T

                         [To accompany S. 507]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 507) to establish the Manhattan Project 
National Historical Park in Oak Ridge, Tennessee, Los Alamos, 
New Mexico, and Hanford, Washington, and for other purposes, 
having considered the same, reports favorably thereon with 
amendments and recommends that the bill, as amended, do pass.
    The amendments are as follows:
    1. On page 6, strike lines 3 through 6 and insert the 
following:

  (a) Establishment.--
          (1) In general.--Subject to paragraph (2), there is 
        established in the States of Washington, New Mexico, 
        and Tennessee a unit of the National Park System to be 
        known as the ``Manhattan Project National Historical 
        Park''.
          (2) Determination by secretary required.--The 
        Historical Park shall not be established until the date 
        on which the Secretary determines that--
                  (A) sufficient land or interests in land have 
                been acquired from among the sites described in 
                subsection (b) to constitute a manageable park 
                unit; or
                  (B) the Secretary has entered into an 
                agreement with the Secretary of Energy in 
                accordance with section 6.

  2. On page 6, line 11, insert ``(4 pages)'' before ``, and 
dated''.
  3. On page 6, line 26, before the period, insert the 
following: ``, except that sites owned or managed by the 
Secretary of Energy may be included only with the concurrence 
of the Secretary of Energy''.

                                PURPOSE

    The purpose of S. 507 is to establish the Manhattan Project 
National Historical Park, including sites in Tennessee, New 
Mexico, and Washington as a unit of the National Park System.

                          BACKGROUND AND NEED

    The Manhattan Project was a top-secret government program 
conducted during World War II. The goal of the Manhattan 
Project was to construct an atomic bomb in advance of Nazi 
Germany. During a three-year period from 1942 through 1946, the 
multi-million dollar Manhattan Project transformed the world of 
science and technology. Research conducted by scientists 
working for the Manhattan Project ushered in the atomic age.
    In 2001, the Advisory Council on Historic Preservation 
reported 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.
    Public Law 108-304 directed the Secretary of the Interior 
to conduct a feasibility study of historically significant 
sites associated with the Manhattan Project. The purpose of the 
feasibility study was to evaluate the compatibility of sites 
for inclusion as a unit of the National Park System.
    The National Park Service completed the special resource 
study in 2010, which determined the national significance of 
the Manhattan Project during 20th Century American history and 
recommended its inclusion as a new unit of the National Park 
System. Three of the Manhattan Project sites were identified as 
historically significant by the feasibility study including: 
Oak Ridge, Tennessee, where the first uranium enrichment 
facilities and pilot scale nuclear reactor were constructed; 
Los Alamos, New Mexico, where the first atomic bombs were 
designed and built; and Hanford, Washington, where the first 
large-scale reactor for producing plutonium was constructed.
    A need for further protection and preservation of the 
Manhattan Project-related sites, and for comprehensive 
interpretation and public understanding of the Manhattan 
Project story was identified. In addition, the feasibility 
study evaluated the compatibility of a National Park 
designation with the ability to maintain the security, 
productivity and management goals of the Department of Energy. 
Specific resources at each of the three sites were identified 
in the feasibility study and recommended for inclusion of the 
nationally significant Manhattan Project sites in Washington, 
New Mexico, and Tennessee as a new unit of the National Park 
System.

                          LEGISLATIVE HISTORY

    Senators Cantwell, Alexander, Heinrich, Murray, and Udall 
introduced S. 507 on March 7, 2013. A hearing was held on S. 
507 by the Subcommittee on National Parks on April 23, 2013. At 
its business meeting on May 16, 2013 the Committee by voice 
vote ordered S. 507 favorably reported with amendments.
    In the 112th Congress, a similar bill, S. 3300, was 
introduced by Senators Bingaman, Alexander, Cantwell, Udall, 
and Murray on June 14, 2012. The Subcommittee on National Parks 
held a hearing on S. 3300 on June 6, 2012 (S. Hrg. 112-578).

                        COMMITTEE RECOMMENDATION

    The Senate Committee on Energy and Natural Resources, in 
open business session on May 16, 2013, by a voice vote of a 
quorum present, recommends that the Senate pass S. 507 if 
amended as described herein. Senators Barrasso, Lee, Heller, 
Flake, Scott and Portman requested to be recorded as voting no.

                          COMMITTEE AMENDMENTS

    During its consideration of S. 507, the Committee adopted 
three amendments. The first amendment removed the requirement 
that the park be established within one year of enactment of 
this Act so that the establishment of the park will be 
contingent upon a determination by the Secretary that 
sufficient land or interest in land has been acquired to 
constitute a manageable park unit or at such time as the 
Secretary has entered in to an agreement with the Secretary of 
Energy in accordance with section 6 of this Act.
    The second amendment updates the referenced map to clarify 
that the map included multiple pages.
    The third amendment required that sites within the boundary 
of the city of Oak Ridge, Tennessee, that are determined by the 
Secretary to be suitable and appropriate for inclusion in the 
Historical Park, and which owned or managed by the Secretary of 
Energy, may only be included as part of the Historical Park 
with the concurrence of the Secretary of Energy.

                      SECTION-BY-SECTION ANALYSIS

    Section 1 provides for the short title, the ``Manhattan 
Project National Historical Park Act''.
    Section 2 contains the Congressional findings.
    Section 3(1) states that the purpose of the Act is to 
preserve and protect the significant historic resources 
associated with the Manhattan Project for the benefit and 
education of present and future generations and to improve 
public understanding, enhance public access, and assist in 
efforts to preserve and protect the historic resources.
    Section 4 defines key terms used in the bill.
    Section 5(a) provides for the establishment of the 
Manhattan Project National Historial Park (park) upon the 
determination of the Secretary of the Interior (Secretary) that 
sufficient land or interests in land have been acquired to 
constitute a manageable park unit or upon entering into a 
management agreement with the Secretary of Energy.
    Subsection (b) defines those areas that are eligible for 
inclusion in the park in Oak Ridge, Tennessee, Los Alamos, New 
Mexico, and Hanford, Washington.
    Section 6(a) requires the Secretary to enter into an 
agreement with the Secretary of Energy that governs the 
respective roles and responsibilities of the Secretary and the 
Secretary of Energy, in administering the facilities, land, or 
interests in land to be included in the Park including 
provisions for access, management, interpretation, and historic 
preservation.
    Subsection (b) defines the responsibilities of the 
Secretary under any agreement entered into pursuant to section 
(6)(a).
    Subsection (c) defines the responsibilities of the 
Secretary of Energy under any agreement entered into pursuant 
to section (6)(a).
    Subsection (d) authorizes amendments, including the 
addition of facilities, land, or interests in land, to the 
agreement entered into under section (6)(a).
    Section (7)(a) directs the Secretary of the Interior to 
consult with interested parties, including members of the 
public, prior to executing any agreement under section 6 and in 
the development of the general management plan.
    Subsections (b) and (c) requires the Secretary, within 30 
days of executing an agreement under section 6, to publish in 
the Federal Register a notice of the establishment of the 
Historical Park, including an official boundary map and that 
the map be on file and available for public inspection in the 
appropriate offices of the National Park Service.
    Subsection (d) allows for additions to the Historical Park, 
of land, interest in land, or facilities within the eligible 
areas, upon acquisition by the Secretary or amendment of the 
agreement with the Secretary of Energy under section (6)(d).
    Section (8) directs the Secretary to manage the lands in 
accordance with this Act and the laws generally applicable to 
units of the National Park System.
    Subsection (b) requires that the Secretary complete a 
general management plan for the Park in accordance with the 
National Park Service General Authorities Act (16 U.S.C. 1a-
7(b)) and the agreement with the Secretary of Energy 
established under section 6 of this Act.
    Subsection (c) authorizes the Secretary to provide 
interpretive tours outside the boundaries of the Historical 
Park.
    Subsection (d)(1) authorizes the Secretary to acquire land, 
within the eligible areas described in section 5(b), by 
transfer of jurisdiction from the Department of Energy, 
purchase from willing sellers, donation, or exchange
    Paragraph (2) authorizes the Secretary to acquire land or 
interests in land in the vicinity of the Historical Park for 
visitor and administrative facilities.
    Subsection (e)(1)(A) authorizes the Secretary to enter into 
agreements with the head of other Federal agencies to provide 
public access, management, interpretation, and historic 
preservation of historically significant resources under the 
jurisdiction of the Federal agency.
    Subparagraph (B) authorizes the Secretary to accept 
donations and enter into cooperative agreements with, State 
governments, units of local government, tribal organizations to 
further the purposes of an interagency agreement entered into 
under subparagraph (A) of this subsection.
    Paragraph (2) authorizes the Secretary to provide technical 
assistance to State, local, or tribal governments, 
organizations, or individuals for historically significant 
Manhattan Project resources outside of the Historical Park.
    Paragraph (3) authorizes the Secretary of Energy to accept, 
hold, administer, and use gifts, bequests, and devises 
(including labor and services) for the purposes of this Act or 
for the purposes of preserving or providing access to the 
historically significant resources related to the Manhattan 
Project.

                   COST AND BUDGETARY CONSIDERATIONS

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

S. 507--Manhattan Project National Historical Park Act

    S. 507 would establish the Manhattan Project National 
Historical Park from eligible sites in Tennessee, New Mexico, 
and Washington. Under the legislation, the park would be 
established when the Secretary of the Interior certifies that 
enough property has been obtained to constitute a manageable 
park unit and enters into a cooperative agreement with the 
Secretary of Energy concerning how each department would 
administer those properties. S. 507 also would require the 
National Park Service (NPS) to complete a general management 
plan for the park within three years after funds have been made 
available.
    The final costs of implementing S. 507 would depend on 
which lands are chosen for inclusion in the new park unit. 
Based on information from the NPS, CBO estimates that if all 
eligible sites were included, implementing the bill would cost 
$21 million over the 2014-2018 period, assuming appropriation 
of the necessary amounts. The Department of Energy would 
continue to operate and manage sites currently under its 
jurisdiction, and the NPS would only be responsible for 
providing public education and technical assistance at those 
sites. CBO estimates that the annual operating costs to the NPS 
could total about $4 million. CBO estimates that completing the 
required general management plan would cost about $750,000 over 
the next three years. Enacting S. 507 would not affect direct 
spending or revenues; therefore, pay-as-you-go procedures do 
not apply.
    S. 507 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.
    On May 8, 2013, CBO transmitted a cost estimate for H.R. 
1208, the Manhattan Project National Historical Park Act, as 
ordered reported by the House Committee on Natural Resources on 
April 24, 2013. The two pieces of legislation are similar, and 
the CBO cost estimates are the same.
    The CBO staff contact for this estimate is Martin von 
Gnechten. The estimate was approved by Theresa Gullo, 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. 507.
    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. 507, as ordered reported.

                   CONGRESSIONALLY DIRECTED SPENDING

    S. 507, as 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.

                        EXECUTIVE COMMUNICATIONS

    The testimony provided by the National Park Service and the 
Department of Energy at the April 23, 2013, Subcommittee on 
National Parks hearing on S.507 follows:

  Statement of Peggy O'Dell, Deputy Director for Operations, National 
                Park Service, Department of the Interior

    Mr. Chairman, thank you for the opportunity to present the 
views of the Department of the Interior on S. 507, a bill to 
establish the Manhattan Project National Historical Park in Oak 
Ridge, Tennessee, Los Alamos, New Mexico, and Hanford, 
Washington, and for other purposes.
    The Administration supports S. 507. The development of the 
atomic bomb through the Manhattan Project was one of the most 
transformative events in our nation's history: it ushered in 
the atomic age, changed the role of the United States in the 
world community, and set the stage for the Cold War. This 
legislation would enable the National Park Service to work in 
partnership with the Department of Energy to ensure the 
preservation of key resources associated with the Manhattan 
Project and to increase public awareness and understanding of 
this consequential effort.
    S. 507 would require the establishment of the Manhattan 
Project National Historical Park as a unit of the National Park 
System within one year of enactment, during which time the 
Secretary of the Interior and the Secretary of Energy would 
enter into an agreement on the respective roles of the two 
departments. The unit would consist of facilities and areas 
located in Oak Ridge, Los Alamos, and Hanford, as identified in 
the bill and determined by the Secretary of the Interior in 
consultation with the Secretary of Energy, except for the B 
Reactor National Historic Landmark in Hanford, which would be 
required to be included in the park. The National Historical 
Park would be established by the Secretary of the Interior by 
publication of a Federal Register notice within 30 days after 
the agreement is made between the two secretaries.
    The bill would provide authority for the Secretary of the 
Interior to acquire the named resources in Oak Ridge, Los 
Alamos, and Hanford. It would also allow the Secretary to 
acquire land in the vicinity of the park for visitor and 
administrative facilities. The bill would provide authority for 
the Secretary of the Interior to enter into agreements with 
other Federal agencies to provide public access to, and 
management, interpretation, and historic preservation of, 
historically significant resources associated with the 
Manhattan Project; to provide technical assistance for 
Manhattan Project resources not included within the park; and 
to enter into cooperative agreements and accept donations 
related to park purposes. Additionally, it would allow the 
Secretary of the Interior to accept donations or enter into 
agreements to provide visitor services and administrative 
facilities within reasonable proximity to the park. The 
Secretary of Energy would be authorized to accept donations to 
help preserve and provide access to Manhattan Project 
resources.
    S. 507 is based on the recommendations developed through 
the special resource study for the Manhattan Project Sites that 
was authorized by Congress in 2004 and transmitted to Congress 
in July 2011. The study, which was conducted by the National 
Park Service in consultation with the Department of Energy, 
determined that resources at Oak Ridge, Los Alamos, and 
Hanford, met the National Park Service's criteria of national 
significance, suitability, feasibility, and the need for 
Federal management for designation as a unit of the National 
Park System. S. 507 assigns the respective roles and 
responsibilities of the National Park Service and the 
Department of Energy as envisioned in the study; the National 
Park Service would use its expertise in the areas of 
interpretation and education to increase public awareness and 
understanding of the story, while the Department of Energy 
would retain full responsibility for operations, maintenance, 
safe access, and preservation of historic Manhattan Project 
properties already under its jurisdiction, along with full 
responsibility for any environmental remediation that is deemed 
necessary related to the properties to ensure public safety.
    Because the Department of Energy would maintain and 
operate, as they do currently, the primary facilities 
associated with the Manhattan Project National Historical Park, 
the study estimated that the National Park Service's annual 
operation and maintenance costs for the three sites together 
would range from $2.45 million to $4 million. It also estimated 
that completing the General Management Plan for the park would 
cost an estimated $750,000. Costs of acquiring lands or 
interests in land, or developing facilities, would be estimated 
during the development of the General Management Plan. The 
Department of Energy has not yet assessed fully the operational 
difficulties in terms of security and public health and safety, 
applicable statutory and regulatory requirements, and the 
potential new cost of national park designation at the 
sensitive national security and cleanup sites, which would be 
addressed with the context of the General Management Plan.
    The Department anticipates that the initial agreement 
between the two Departments likely would be fairly limited in 
scope, given the bill's one-year timeframe for executing an 
agreement that would enable the Secretary of the Interior to 
establish the Manhattan Project National Historical Park. We 
appreciate the language specifically providing for amendments 
to the agreement and a broad range of authorities for the 
Secretary of the Interior, as these provisions would give the 
National Park Service the flexibility to shape the park over 
time and to maximize the promotion of education and 
interpretation related to the park's purpose in coordination 
and consultation with the Department of Energy.
    The flexibility is particularly important because managing 
a park with such complex resources, in partnership with another 
Federal agency, at three sites across the country, will likely 
bring unanticipated challenges. Some of the resources that may 
be included in the park may be near facilities that have highly 
sensitive, ongoing national security missions including nuclear 
weapons production and intelligence activities. Also, some of 
these sites may be on the U.S. Environmental Protection 
Agency's National Priorities List. If this legislation is 
enacted, these issues, among others, will be taken into 
consideration by the Departments in the development of an 
agreement and management plan. The National Park Service has 
already begun a partnership with the Department of Energy 
regarding the Manhattan Project resources through our 
coordinated work on the study. If this legislation is enacted, 
we look forward to building a stronger partnership that will 
enable us to meet the challenges ahead.
    Mr. Chairman, that concludes my statement. I would be happy 
to answer any questions you 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 S. 507, as ordered 
reported.