[Senate Report 115-360]
[From the U.S. Government Publishing Office]


                                                      Calendar No. 647
115th Congress        }                      {               Report
                                 SENATE
 2d Session           }                      {                115-360

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



 
            SAINT FRANCIS DAM DISASTER NATIONAL MEMORIAL ACT

                                _______
                                

               November 14, 2018.--Ordered to be printed

                                _______
                                

        Ms. Murkowski, from the Committee on Energy and Natural 
                   Resources, submitted the following

                              R E P O R T

                        [To accompany H.R. 2156]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (H.R. 2156) to provide for the establishment 
of a national memorial and national monument to commemorate 
those killed by the collapse of the Saint Francis Dam on March 
12, 1928, and for other purposes, having considered the same, 
reports favorably thereon with an amendment in the nature of a 
substitute, and recommends 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 ``Saint Francis Dam Disaster National 
Memorial Act''.

SEC. 2. DEFINITIONS.

    In this Act:
          (1) Memorial.--The term ``Memorial'' means the Saint Francis 
        Dam Disaster National Memorial authorized under section 3(a).
          (2) Monument.--The term ``Monument'' means the Saint Francis 
        Dam Disaster National Monument established by section 5(a).
          (3) Secretary.--The term ``Secretary'' means the Secretary of 
        Agriculture.
          (4) State.--The term ``State'' means the State of California.

SEC. 3. SAINT FRANCIS DAM DISASTER NATIONAL MEMORIAL.

    (a) Establishment.--The Secretary may establish a memorial at the 
Saint Francis Dam site in the county of Los Angeles, California, for 
the purpose of honoring the victims of the Saint Francis Dam disaster 
of March 12, 1928.
    (b) Requirements.--The Memorial shall be--
          (1) known as the ``Saint Francis Dam Disaster National 
        Memorial''; and
          (2) managed by the Forest Service.
    (c) Donations.--The Secretary may accept, hold, administer, invest, 
and spend any gift, devise, or bequest of real or personal property 
made to the Secretary for purposes of developing, designing, 
constructing, and managing the Memorial.

SEC. 4. RECOMMENDATIONS FOR MEMORIAL.

    (a) In General.--Not later than 3 years after the date of enactment 
of this Act, the Secretary shall submit to Congress recommendations 
regarding--
          (1) the planning, design, construction, and long-term 
        management of the Memorial;
          (2) the proposed boundaries of the Memorial;
          (3) a visitor center and educational facilities at the 
        Memorial; and
          (4) ensuring public access to the Memorial.
    (b) Consultation.--In preparing the recommendations required under 
subsection (a), the Secretary shall consult with--
          (1) appropriate Federal agencies;
          (2) State, Tribal, and local governments, including the Santa 
        Clarita City Council; and
          (3) the public.

SEC. 5. ESTABLISHMENT OF SAINT FRANCIS DAM DISASTER NATIONAL MONUMENT.

    (a) Establishment.--There is established as a national monument in 
the State certain National Forest System land administered by the 
Secretary in the county of Los Angeles, California, comprising 
approximately 353 acres, as generally depicted on the map entitled 
``Proposed Saint Francis Dam Disaster National Monument'' and dated 
September 12, 2018, to be known as the ``Saint Francis Dam Disaster 
National Monument''.
    (b) Purpose.--The purpose of the Monument is to conserve and 
enhance for the benefit and enjoyment of the public the cultural, 
archaeological, historical, watershed, educational, and recreational 
resources and values of the Monument.

SEC. 6. DUTIES OF THE SECRETARY WITH RESPECT TO MONUMENT.

    (a) Management Plan.--
          (1) In general.--Not later than 4 years after the date of 
        enactment of this Act, the Secretary shall develop a management 
        plan for the Monument.
          (2) Consultation.--The management plan shall be developed in 
        consultation with--
                  (A) appropriate Federal agencies;
                  (B) State, Tribal, and local governments; and
                  (C) the public.
          (3) Considerations.--In developing and implementing the 
        management plan, the Secretary shall, with respect to methods 
        of protecting and providing access to the Monument, consider 
        the recommendations of the Saint Francis Disaster National 
        Memorial Foundation, the Santa Clarita Valley Historical 
        Society, and the Community Hiking Club of Santa Clarita.
    (b) Management.--The Secretary shall manage the Monument--
          (1) in a manner that conserves and enhances the cultural and 
        historic resources of the Monument; and
          (2) in accordance with--
                  (A) the Forest and Rangeland Renewable Resources 
                Planning Act of 1974 (16 U.S.C. 1600 et seq.);
                  (B) the laws generally applicable to the National 
                Forest System;
                  (C) this Act; and
                  (D) any other applicable laws.
    (c) Uses.--
          (1) Use of motorized vehicles.--The use of motorized vehicles 
        within the Monument may be permitted only--
                  (A) on roads designated for use by motorized vehicles 
                in the management plan required under subsection (a);
                  (B) for administrative purposes; or
                  (C) for emergency responses.
          (2) Grazing.--The Secretary shall permit grazing within the 
        Monument, where established before the date of enactment of 
        this Act--
                  (A) subject to all applicable laws (including 
                regulations and Executive orders); and
                  (B) consistent with the purpose described in section 
                5(b).

SEC. 7. CLARIFICATION ON FUNDING.

    (a) Use of Existing Funds.--This Act shall be carried out using 
amounts otherwise made available to the Secretary.
    (b) No Additional Funds.--No additional funds are authorized to be 
appropriated to carry out this Act.

                                PURPOSE

    The purpose of H.R. 2156 is to provide for the 
establishment of a national memorial and national monument to 
commemorate those killed by the collapse of the Saint Francis 
Dam on March 12, 1928.

                          BACKGROUND AND NEED

    In terms of loss of life, the collapse of the Saint Francis 
Dam is reported to be the second-greatest disaster in 
California history. The Saint Francis Dam burst just minutes 
before midnight on March 12, 1928, filling the San Francisquito 
Canyon in southern California with 12.6 billion gallons of 
water. It is now estimated that 400 to 600 people lost their 
lives when the dam burst, along with the loss of thousands of 
livestock and twelve hundred homes.
    The dam's failure just two years after its completion is 
widely considered one of the worst civil engineering failures 
of the 20th century. The multiple government inquests following 
the Saint Francis tragedy generated recommendations for dam 
construction that continue to make the lives of millions of 
Americans living around dams safer. Over the passing decades, 
the victims of one of the worst engineering disasters in 
American history have been largely forgotten. Today, the site 
of the dam collapse is mostly rubble, and the affected areas 
are often subject to vandalism.
    H.R. 2156 recognizes the devastation and impact the dam 
collapse has had on the residents of northern Los Angeles 
County by authorizing a National Memorial to honor and remember 
the victims of the Saint Francis Dam disaster and establishing 
a Saint Francis Dam Disaster National Monument within the 
Angeles National Forest.
    In addition to the establishment of the Memorial and 
Monument, H.R. 2156 includes recommendations for the planning, 
design, construction, and long-term management of the Memorial, 
as well as proposed boundaries, a visitor's center and 
educational facilities, and enhanced public access. H.R. 2156 
also clarifies appropriate uses of motorized vehicles on the 
Monument area, as well as permitted grazing.

                          LEGISLATIVE HISTORY

    H.R. 2156 was introduced in the House of Representatives by 
Representative Knight on April 26, 2017. The Natural Resources 
Committee reported H.R. 2156 on July 11, 2017 (H. Rept. 115-
210). H.R. 2156 passed the House of Representatives by voice 
vote on July 11, 2017.
    Companion legislation, S. 1926, was introduced by Senators 
Harris and Feinstein on October 5, 2017.
    The Subcommittee on National Parks held a hearing on H.R. 
2156 and S. 1926 on August 15, 2018.
    In the 114th Congress, Representative Knight introduced 
similar legislation, H.R. 5244, in the House of 
Representatives. H.R. 5244 was reported by the Natural 
Resources Committee (H. Rept. 114-650) on July 1, 2016, and 
passed the House of Representatives by voice vote on July 5, 
2016.
    The Committee on Energy and Natural Resources met in open 
business session on October 2, 2018, and ordered H.R. 2156 
favorably reported, as amended.

                        COMMITTEE RECOMMENDATION

    The Senate Committee on Energy and Natural Resources, in 
open business session on October 2, 2018, by a majority voice 
vote of a quorum present, recommends that the Senate pass H.R. 
2156, if amended as described herein.

                          COMMITTEE AMENDMENT

    During its consideration of H.R. 2156, the Committee 
adopted an amendment in the nature of a substitute. The 
substitute amendment deleted the findings in section 2 and 
moved the definitions from section 8 to the new section 2. The 
substitute amendment also updated the map.

                      SECTION-BY-SECTION ANALYSIS

Section 1. Short title

    Section 1 contains the short title.

Section 2. Definitions

    Section 2 contains key definitions.

Section 3. Saint Francis Dam Disaster National Memorial

    Subsection (a) authorizes the Secretary of Agriculture 
(Secretary) to establish a Memorial at the Saint Francis Dam 
site in Los Angeles County, California, in honor of the victims 
of the March 12, 1928 disaster.
    Subsection (b) requires the Memorial to be known as the 
``Saint Francis Dam Disaster National Memorial'' and managed by 
the U.S. Forest Service.
    Subsection (c) authorizes the Secretary to accept, hold, 
administer, invest, and spend any gift, devise, or bequest of 
real or personal property made to the Secretary for purposes of 
developing, designing, constructing, and managing the Memorial.

Section 4. Recommendations for Memorial

    Subsection (a) requires the Secretary, within three years 
of enactment, to submit to Congress recommendations regarding 
the Memorial's planning, design, construction, and long-term 
management; the proposed boundaries; a visitor center and 
educational facilities; and ensuring public access.
    Subsection (b) requires the Secretary to consult with 
appropriate Federal agencies; State, Tribal, and local 
governments, including the Santa Clarita City Council; and the 
public in preparing the recommendations required under 
subsection (a).

Section 5. Establishment of Saint Francis Dam Disaster National 
        Monument

    Subsection (a) establishes a national monument on 
approximately 353 acres of National Forest System land 
administered by the Secretary in Los Angeles County, 
California, as generally depicted on the September 12, 2018 map 
entitled ``Proposed Saint Francis Dam Disaster National 
Monument.'' The national monument is to be known as the ``Saint 
Francis Dam Disaster National Monument.''
    Subsection (b) states that the purpose of the Monument is 
to conserve and enhance for the benefit and enjoyment of the 
public the Monument's cultural, archaeological, historical, 
watershed, educational, and recreational resources and values.

Section 6. Duties of the Secretary with respect to Monument

    Subsection (a) requires the Secretary to develop a 
management plan within four years of the Act's enactment. The 
management plan must be developed in consultation with 
appropriate Federal agencies; State, Tribal, and local 
governments; and the public. In developing and implementing the 
management plan, the Secretary is directed to consider the 
recommendations of the Saint Francis Disaster National Memorial 
Foundation, the Santa Clarita Valley Historical Society, and 
the Community Hiking Club of Santa Clarita regarding methods to 
protect and provide access to the Monument.
    Subsection (b) directs the Secretary to manage the Monument 
in a manner that conserves and enhances its cultural and 
historic resources in accordance with applicable law.
    Subsection (c) provides for the use of motorized vehicles 
within the Monument only on roads designated for use by 
motorized vehicles in the management plan, for administrative 
purposes, or for emergency purposes. The Secretary is further 
directed to permit grazing within the Monument, where such use 
has been established before the Act's enactment, subject to all 
applicable laws (including regulations and Executive Orders) 
and consistent with the Monument's purpose.

Section 7. Clarification on funding

    Section 7 directs the Secretary to use existing funds to 
carry out this Act and specifies that no additional funds are 
authorized to be appropriated.

                   COST AND BUDGETARY CONSIDERATIONS

    The following estimate of the costs of this measure has 
been provided by the Congressional Budget Office:
    H.R. 2156 would establish a national monument on roughly 
350 acres of land administered by the Forest Service. The act 
also would require the agency to submit recommendations to the 
Congress for a memorial commemorating the victims of the Saint 
Francis Dam failure and to complete a management plan for the 
monument. CBO expects that the construction of the memorial and 
any other structures and improvements would be funded by 
donations.
    Using information from the Forest Service regarding the 
amount of staff time required to carry out the activities 
required under the act, CBO estimates that implementing H.R. 
2156 would cost less than $130,000 (the estimated cost of one 
year's salary and benefits for a mid- to senior-level employee 
of the Forest Service in Los Angeles County) over the 2019-2023 
period; such spending would be subject to the availability of 
appropriated funds. CBO expects that any recurring costs 
associated with managing any improvements at the memorial would 
be incurred after 2023.
    Enacting H.R. 2156 could affect direct spending by 
increasing donations, which are treated as reductions in direct 
spending, and the subsequent spending of those funds to 
construct a memorial; therefore, pay-as-you-go procedures 
apply. However, CBO estimates that the net effect on direct 
spending would be negligible. Enacting the legislation would 
not affect revenues.
    CBO estimates that enacting H.R. 2156 would not increase 
net direct spending or on budget deficits in any of the four 
consecutive 10-year periods beginning in 2029.
    H.R. 2156 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act.
    On July 6, 2017, CBO transmitted a cost estimate for H.R. 
2156, the Saint Francis Dam Disaster National Memorial Act, as 
ordered reported by the House Committee on Natural Resources on 
June 27, 2017. The two versions of the legislation are similar, 
and CBO's estimates of their budgetary effects are the same.
    The CBO staff contact for this estimate is Janani 
Shankaran. The estimate was reviewed by H. Samuel Papenfuss, 
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 H.R. 2156. The Act 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 H.R. 2156 as ordered reported.

                   CONGRESSIONALLY DIRECTED SPENDING

    H.R. 2156, 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.

                        EXECUTIVE COMMUNICATIONS

    The testimony provided by the Department of the Interior at 
the August 15, 2018, hearing on S. 1926 and H.R. 2156 follows:

Statement of P. Daniel Smith, Deputy Director, Exercising the Authority 
of the Director, National Park Service, U.S. Department of the Interior

    Chairman Daines, Ranking Member King, and members of the 
Subcommittee, thank you for the opportunity to present the 
views of the Department of the Interior on S. 1926 and H.R. 
2156, bills to establish a national memorial and national 
monument to commemorate those killed by the collapse of the 
Saint Francis Dam on March 12, 1928, and for other purposes.
    The Department of the Interior defers to the Department of 
Agriculture for a position on S. 1926 and H.R. 2156 since the 
purpose of the legislation is to establish a national monument 
and a national memorial in the Angeles National Forest, 
administered by the U.S. Forest Service in Los Angeles County. 
Both the national monument and the national memorial would be 
located at a site that is not under the jurisdiction of the 
Department of the Interior, and this bill does not provide for 
any management or funding by the National Park Service.
    The Saint Francis Dam was one of several large 
infrastructure projects constructed in the early 20th century 
to help control water flow to southern California. On March 12, 
1928, the dam breached, and the resulting flood took more than 
400 lives. The collapse of this dam is considered one of the 
worst civil engineering failures in the 20th century. S. 1926 
and H.R. 2156 authorize the Secretary of Agriculture to 
establish the memorial to honor the disaster victims. The bills 
also authorize the creation of a 440-acre Saint Francis Dam 
Disaster National Monument that will encompass the site of the 
Saint Francis Dam National Memorial.
    The National Park Service has management responsibility for 
a large number national memorials and national monuments, and 
the public often associates both types of designated sites with 
the National Park Service. In this case, however, the national 
monument and the national memorial would be located deep within 
the Angeles National Forest and would fall within the 
responsibility of the Forest Service.
    Mr. Chairman, this concludes my statement. I would be 
pleased to answer any questions you or other members of the 
Subcommittee may have.
    The testimony provided by the U.S. Department of 
Agriculture at the August 15, 2018, hearing on S. 1926 and H.R. 
2156 follows:

Statement for the Record Concerning S. 1926--Saint Francis Dam Disaster 
                         National Memorial Act

    Mr. Chairman and members of the subcommittee, thank you for 
the opportunity to present the views of the U.S. Department of 
Agriculture (USDA) regarding S. 1926, the Saint Francis Dam 
Disaster National Memorial Act.
    S. 1926 authorizes the Secretary of Agriculture to 
establish the Saint Francis Dam Disaster Memorial at the Saint 
Francis Dam site in Los Angeles County, California, for the 
purpose of honoring the victims of the Saint Francis Dam 
disaster of March 12, 1928. The Act would establish a National 
Monument on 353 acres of the Angeles National Forest, as 
depicted on the map titled ``Saint Francis Dam Disaster 
National Monument--Proposed'', dated August 2, 2017. The 
Memorial would be created for the purposes of conserving and 
enhancing the cultural, archaeological, historical, watershed, 
educational and recreational resources of the dam disaster 
site.
    The legislation authorizes the Secretary to accept, hold, 
administer, invest, and spend any gift, and devise or bequest 
of real or personal property made to the Secretary for purposes 
of developing, designing, constructing, and managing the 
Memorial.
    The legislation directs the Secretary to develop 
recommendations to Congress within three years of enactment 
regarding the planning, boundaries, design, construction and 
long-term management of the Memorial, including recommendations 
regarding a visitor center and educational facilities. The 
Secretary would develop the recommendations after consulting 
with appropriate Federal agencies; State, tribal and local 
governments and the public.
    USDA would like to work with the bill sponsor and 
Subcommittee to reduce administrative costs and burdens to the 
Forest and Region. These costs would include planning, creating 
and maintaining a new Memorial, including a visitor center and 
educational facilities. USDA is supportive of the authority to 
accept donations for the Memorial under section 3(c) but is 
concerned that it will not be able to rely solely on donations 
to plan, design, implement, construct and maintain a new 
Memorial if supported by external donations.
    USDA recommends to the bill sponsor and the subcommittee 
that the legislative map ``Saint Francis Dam Disaster National 
Monument--Proposed'' be revised so that the Monument boundary 
lines take into consideration existing land uses, management 
needs, and Forest Plan designations. USDA would suggest 
limiting activity to meet incoming donations.
    Thank you for the opportunity to present our position on S. 
1926, the Saint Francis Dam Disaster National Memorial Act.

                        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 H.R. 2156 as ordered 
reported.

                                  [all]