H.R. 5987 (112th): Manhattan Project National Historical Park Act

Introduced:
Jun 21, 2012 (112th Congress, 2011–2013)
Sponsor:
Rep. Doc Hastings [R-WA4]
Status:
Died (Failed Under Suspension)
See Instead:
This bill was re-introduced as H.R. 1208 on Mar 15, 2013. See H.R. 1208 for current action on this subject.

The bill’s title was written by the bill’s sponsor. H.R. stands for House of Representatives bill.

GovTrack’s Bill Summary

We don’t have a summary available yet.

Library of Congress Summary

The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.


9/18/2012--Reported to House without amendment. (This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.) Manhattan Project National Historical Park Act -
Section 5 -
Establishes the Manhattan Project National Historical Park as a unit of the National Park System, which may be composed of specified facilities, lands, or interests in land in one or more eligible areas or parts of such areas in Oak Ridge, Tennessee; Los Alamos, New Mexico; and Hanford, Washington. Requires inclusion of the B Reactor National Historic Landmark in Hanford.
Section 6 -
Directs the Secretary of the Interior (the Secretary) and the Secretary of Energy (DOE) to enter into an agreement to govern their respective roles in administering the facilities, lands, or interests in land under DOE's jurisdiction to be included in the Park. Requires the Secretary under any such agreement to:
(1) have decisionmaking authority for the content of the historic interpretation of the Manhattan Project for purposes of administering the Historical Park, and
(2) ensure that the agreement provides for an appropriate advisory role for the National Park Service (NPS) in preserving the historic resources covered by the agreement.
Requires the DOE Secretary under any such agreement to:
(1) ensure that the agreement appropriately protects public safety, national security, and other aspects of the ongoing mission of DOE at the Oak Ridge Reservation, Los Alamos National Laboratory, and Hanford Site;
(2) retain responsibility for any necessary environmental remediation; and
(3) retain authority and legal obligations for historic preservation and general maintenance.
Section 7 -
Requires the Secretary to consult with interested state, county, and local officials, and members of the public before executing any such agreement and in developing the general management plan.
Section 8 -
Requires the Secretary to develop a general management plan for the Park in consultation and collaboration with the Oak Ridge, Los Alamos, and Richland DOE site offices.
Authorizes the Secretary to provide interpretive tours of historically significant Manhattan Project sites and resources that are located outside the boundary of the Park. Prohibits the acquisition by condemnation of any land or interest in land for the purposes of this Act. Authorizes the Secretary to:
(1) enter into agreements with federal agencies to provide public access to, and management, interpretation, and historic preservation of, historically significant Manhattan Project resources under their control; and
(2) accept donations from, and enter into cooperative agreements with, state governments, local governments, tribal governments, organizations, or individuals to further the purpose of such an interagency agreement, or to provide visitor services and administrative facilities within proximity to the Historical Park. Authorizes the Secretary to provide technical assistance to such governments, organizations, or individuals for the management, interpretation, and historic preservation of historically significant Manhattan Project resources not included in the Historical Park.
Section 9 -
Prohibits anything in this Act, the establishment of the Historical Park, or the management plan for the Historical Park from being construed as creating buffer zones outside of the Park. Prohibits anything in this Act from constituting a cause of action respecting activities outside or adjacent to the established boundary of the Park.

House Republican Conference Summary

The summary below was written by the House Republican Conference, which is the caucus of Republicans in the House of Representatives.


This summary can be found at http://www.gop.gov/bill/112/2/hr5987.

Background

The Manhattan Project was a top secret program during World War II with the express purpose of designing producing the first atomic weapon.  Purposefully decentralized to maintain secrecy, the three sites designated by the act were instrumental to the project.  Oak Ridge, TN, was the site of much of the material development needed by the project, including the enrichment of uranium. The B Reactor located in Hanford, WA, was the first large scale nuclear reactor ever built.  Los Alamos, NM, is the site of the Los Alamos National Laboratory which served to coordinate the scientific research of the Manhattan Project.  The work of these three sites culminated in the first use of atomic weapons.

In an effort to preserve and protect the historic sites related to the Manhattan Project, the 108th Congress directed the Secretary of the Interior to conduct a study to determine whether one or more of these sites might be designated as a unit of the National Park Service.  According to Ingrid Kolb, Director of Management at the Department of Energy, in testimony given before Congress, after studying the issue “the Department and the National Park Service agreed that a park was feasible, met the suitability requirement for creating a new park, and should be established.”

The NPS is facing a maintenance deficit and a deteriorating national park infrastructure. According to CRS, while the NPS has improved inventory and asset management systems, the estimate of its deferred maintenance backlog has continued to mount. The Department of Interior (DOI) estimated deferred maintenance for the NPS for FY2010 at between $8.77 billion and $12.89 billion, with a mid-range figure of $10.83 billion. The backlog is a result of the NPS’s failing to do scheduled maintenance and upkeep that was either not funded or carried out according to plan.

Summary

H.R. 5987 would establish the Manhattan Project National Historical Park under the authority of the Secretaries of Interior and Energy.  Within one year after enactment, the Park will be established as a unit of the National Park System and could include areas to be determined by the Secretary of Interior in consultation with the Secretary of Energy.  The legislation would stipulate that the Park may only consist of areas located in Oak Ridge, TN, Los Alamos, NM and Hanford, WA and also specifies that the Park must include the B Reactor National Historic Landmark in Hanford. 

Within one year of enactment, the Secretaries of Interior and Energy must enter into an agreement specifying their respective roles in administering the areas to be included in the Park which are currently under the jurisdiction of the Energy Department. H.R. 5987 specifies than in any agreement the Secretary of the Interior shall have decision making authority on historic interpretation and that the National Park Service must have an appropriate advisory role.  Also, the Secretary of Energy must ensure that the agreement protects public safety and national security, and remain responsible for any environmental remediation related to the Park.  Within thirty days of an established agreement, the Secretary of the Interior must publish a notice including an official boundary map of the Park.

Within three years after the enactment of H.R. 5987, the two Secretaries must complete a general management plan for the Park consistent with U.S. law regarding Second Amendment rights on federal land.

H.R. 5987 also specifies how the Secretary of the Interior may acquire land for the Park.  The Secretary may accept donations or exchanges from the Department of Energy and enter into agreements with other Federal agencies, State and local governments, etc. for public access to historically significant Manhattan Project resources.  The Secretary may not acquire land by condemnation, however.  Lastly, the legislation specifically does not create any cause of action with respect to activities outside of the Park.

Cost

According to CBO, “the final costs of implementing H.R. 5987 would depend on which lands are chosen for inclusion in the new park unit. Based on information from the NPS, CBO estimates that including all eligible sites would cost $21 million over the 2013-2017 period, assuming appropriation of the necessary amounts. Cost would be lower if fewer sites were included.”

House Democratic Caucus Summary

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The bill contains the following citations to other parts of U.S. law:

Slip Laws

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United States Code

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Statutes at Large

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  • 118 Stat. 1362