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113th Congress  }                                            {   Report
                        HOUSE OF REPRESENTATIVES
 1st Session    }                                            {   113-66

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



 
             MANHATTAN PROJECT NATIONAL HISTORICAL PARK ACT

                                _______
                                

  May 17, 2013.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Hastings of Washington, from the Committee on Natural Resources, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 1208]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 1208) 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, report favorably thereon without 
amendment and recommend that the bill do pass.

                          PURPOSE OF THE BILL

    The purpose of H.R. 1208 is to establish the Manhattan 
Project National Historical Park in Oak Ridge, Tennessee, Los 
Alamos, New Mexico, and Hanford, Washington.

                  BACKGROUND AND NEED FOR LEGISLATION

    The Manhattan Project was an unprecedented top-secret 
program implemented during World War II to construct a nuclear 
weapon and to counter threats of similar development by Nazi 
Germany. The Manhattan Project was a highly significant chapter 
in America's history that expanded scientific research, 
developed new technologies, and changed the role of the United 
States in the world.
    In 2004, Congress authorized a study of historic sites 
associated with the Manhattan Project to determine the 
suitability and feasibility of including such sites in the 
National Park System. In 2010, the National Park Service (NPS) 
reported back a recommendation to create a national historical 
park in Oak Ridge, Tennessee, Los Alamos, New Mexico, and 
Hanford, Washington, to be managed as a partnership between NPS 
and the Department of Energy.
    H.R. 1208 establishes the historical park, but first allows 
one year for the Secretary of the Interior, in consultation 
with the Secretary of Energy, to determine suitable facilities 
and areas among those specified. Many of these facilities are 
currently scheduled to be destroyed by the Department of 
Energy, but their preservation for public visitation would 
instead reduce federal spending by millions of dollars. For 
example, the first full-scale nuclear reactor ever built, the B 
Reactor at the Hanford site, would alone cost tens of millions 
of dollars to demolish, while facilitating safe and secure 
public access to the structure can occur at a small fraction of 
that cost.
    H.R. 1208 also directs the Secretary of the Interior and 
the Secretary of Energy to enter into an agreement, within one 
year, that governs their respective roles concerning facilities 
and land under the jurisdiction of the Department of Energy. 
Such facilities and land will remain under the jurisdiction of 
the Department of Energy, but the interpretive responsibilities 
will fall to NPS.
    H.R. 1208 requires coordination, planning, and cooperation 
between NPS and the Department of Energy to ensure safe and 
secure visitor access and protection of national security. 
Additionally, the Department of Energy shall retain 
responsibility for any environmental remediation that may be 
necessary.
    H.R. 1208 contains significant private property rights 
protections. The legislation explicitly prohibits condemnation 
and requires written permission from owners before non-federal 
property may be included in the historical park. Furthermore, 
buffer zones are prohibited around the boundaries of the 
historical park--activities that can be seen or heard from 
within the historical park shall not preclude the conduct of 
that activity outside the historical park--and, land 
acquisition may only occur by donation or exchange.

                            COMMITTEE ACTION

    H.R. 1208 was introduced on March 15, 2013, by Congressman 
Doc Hastings (R-WA). The bill was referred to the Committee on 
Natural Resources, and within the Committee to the Subcommittee 
on Public Lands and Environmental Regulation. On April 12, 
2013, the Subcommittee held a hearing on the bill. On April 24, 
2013, the Full Natural Resources Committee met to consider the 
bill. The Subcommittee on Public Lands and Environmental 
Regulation was discharged by unanimous consent. No amendments 
were offered, and the bill was then adopted and ordered 
favorably reported to the House of Representatives by unanimous 
consent.

            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 Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. Cost of Legislation. Clause 3(d)(1) 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)(2)(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. 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. 1208--Manhattan Project National Historical Park Act

    H.R. 1208 would establish the Manhattan Project National 
Historical Park from eligible sites in Tennessee, New Mexico, 
and Washington. Within one year of enactment, the legislation 
would require the Department of the Interior and the Department 
of Energy (DOE) to finalize the boundaries of the proposed park 
and to complete an agreement specifying how each department 
would administer properties included in it. H.R. 1208 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 H.R. 1208 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. DOE 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 H.R. 1208 would not affect direct spending or 
revenues; therefore, pay-as-you-go procedures do not apply.
    H.R. 1208 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.
    2. Section 308(a) of 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, credit authority, or an increase or decrease in 
revenues or tax expenditures. 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.
    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 Manhattan Project 
National Historical Park in Oak Ridge, Tennessee, Los Alamos, 
New Mexico, and Hanford, Washington.

                           EARMARK STATEMENT

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                       COMPLIANCE WITH H. RES. 5

    Directed Rule Making. The Chairman does not believe that 
this bill directs any executive branch official to conduct any 
specific rule-making proceedings.
    Duplication of Existing Programs. This bill does not 
establish or reauthorize a program of the federal government 
known to be duplicative of another program. Such program was 
not included in any report from the Government Accountability 
Office to Congress pursuant to section 21 of Public Law 111-139 
or identified in the most recent Catalog of Federal Domestic 
Assistance published pursuant to the Federal Program 
Information Act (Public Law 95-220, as amended by Public Law 
98-169) as relating to other programs.

                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.