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                                                        Calendar No. 63
113th Congress                                                   Report
                                 SENATE
 1st Session                                                     113-32
======================================================================
 
   MINUTEMAN MISSILE NATIONAL HISTORIC SITE BOUNDARY MODIFICATION ACT

                                _______
                                

                 April 22, 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. 459]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 459) 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 without amendment and recommends that 
the bill do pass.

                                Purpose

    The purpose of S. 459 is to modify the boundary of the 
Minuteman Missile National Historic Site in the State of South 
Dakota, to add approximately 29 acres of land to be used for a 
visitor facility and administrative site.

                          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) program. 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. As the Cold War was ending, the United States and the 
former Soviet Union signed the Strategic Arms Reduction Treaty 
(START) in 1991. 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. 459 modifies 
the park boundary to include land currently administered as 
part of the Buffalo Gap National Grasslands, on which to 
establish a visitor facility, administrative site, and parking 
lot.

                          Legislative History

    S. 459 was introduced by Senators Johnson of South Dakota 
and Thune on March 3, 2013. At its business meeting on March 
14, 2013, the Committee ordered S. 459 favorably reported.
    During the 112th Congress, Senators Johnson of South Dakota 
and Thune introduced similar legislation, S. 1478, on August 2, 
2011. The Subcommittee on National Parks held a hearing on S. 
1478 on October 19, 2011 (S. Hrg. 112-224). At its business 
meeting on November 10, 2011, the Committee ordered S. 1478 
favorably reported without amendment (S. Rpt. 112-128).
    A similar bill, S. 2726, was introduced in the 111th 
Congress by Senator Johnson on November 4, 2009. The 
Subcommittee on National Parks held a hearing on the bill on 
December 3, 2009 (S. Hrg. 111-318). The Committee on Energy and 
Natural Resources ordered S. 2726 favorably reported with an 
amendment on August 5, 2010 (S. Rpt. 111-262).

                        Committee Recommendation

    The Committee on Energy and Natural Resources, in open 
business session on March 14, 2013, by a voice vote of a quorum 
present, recommends that the Senate pass S. 459.

                      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 a 25-acre 
parcel on which the visitor facility and administrative offices 
are to be located, and an additional 3.65 acre parcel for a 
parking lot and for other administrative uses. 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. 459--Minuteman Missile National Historic Site Boundary Modification 
        Act

    S. 459 would approve the transfer of administrative 
jurisdiction of about 29 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, 
administrative site, and parking lot for the Minuteman Missile 
National Historic Site in South Dakota.
    Based on information provided by the NPS, CBO estimates 
that implementing S. 459 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. Enacting S. 459 would not affect direct spending or 
revenues; therefore, pay-as-you-go procedures do not apply.
    S. 459 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.

                      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. 459.
    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. 459, as ordered reported.

                   Congressionally Directed Spending

    S. 459, 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

    Executive Communications were not requested by the Senate 
Committee on Energy and Natural Resources in the 113th 
Congress. The following Administration testimony references 
similar legislation introduced in the 112th Congress.
    The testimony provided by the National Park Service at the 
October 19, 2011, Subcommittee on National Parks hearing on S. 
1478 follows.

  Statement of William D. Shaddox, Acting Associate Director for Park 
 Planning, Facilities and Lands, 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. 1478, a bill to modify the boundary of the 
Minuteman Missile National Historic Site in the State of South 
Dakota.
    The Department supports S. 1478. This bill would transfer 
administrative jurisdiction over two parcels of Buffalo Gap 
National Grasslands from the U.S.D.A. Forest Service (FS) to 
the National Park Service (NPS) for administration as part of 
Minuteman Missile National Historic Site in Philip, South 
Dakota. Of the land transferred, 25 acres would be used for a 
visitor facility and administrative site and an additional 3.65 
acres would be used for the construction of a parking lot and 
other administrative uses.
    The new visitor facility and administrative site 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 (NPS) and FS personnel, in 
consultation with our respective solicitors, have determined 
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 3.65 acres is located directly adjacent to the Delta 1 
Launch Control Facility. The parking lot will be used to 
accommodate visitors to this facility. Currently, visitors must 
park inside in the fence of the launch facility, but this is an 
intrusion on the cultural landscape. In addition, the parking 
lot is not large enough to accommodate all visitors to this 
site.
    The FS is in agreement with the recommended land transfers 
and has provided Minuteman Missile National Historic Site with 
an outline of the land transfer process. The NPS architects and 
engineers conducted an on-site visit in March 2009 to determine 
the number of acres necessary for the land transfer. They met 
with representatives from the FS and agreed to the 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 FS to the NPS for the site of the facility and recommended 
the preferred location at 1-90 South Dakota Exit 131 with up to 
25 acres for the complete facility. The GMP also recommended 
the development of an unpaved parking lot and other support 
functions on the 3.65 acres at the Delta 1 Launch Control 
Facility to provide for additional opportunities for visitors 
arriving in commercial and school groups, RVs and passenger 
vehicles.
    The estimated cost to build the visitor center and 
administrative site is $4.4 million, and the estimated cost of 
annual operations and maintenance of both facilities would be 
approximately $750,000. All funds would be subject to NPS 
priorities and the availability of appropriations.
    The transfer between the NPS and the FS 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 a technical issue with the map 
reference. I am prepared to answer any questions from members 
of the Committee.

                        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. 459, 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) 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--
                          (i) approximately 25 acres of land 
                        within the Buffalo Gap National 
                        Grassland, located north of exit 131 on 
                        Interstate 90 in Jackson County, South 
                        Dakota, as generally depicted on the 
                        map entitled ``Minuteman Missile 
                        National Historic Site Boundary 
                        Modification'', numbered 406/80,011A, 
                        and dated January 14, 2011; and
                          (ii) approximately 3.65 acres of land 
                        located at the Delta 1 Launch Control 
                        Facility for the construction and use 
                        of a parking lot and for other 
                        administrative uses.
                  (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 Grassland are modified 
                to exclude the land transferred under 
                subparagraph (D).
          [(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.

           *       *       *       *       *       *       *