[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.
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