S. 507 — Reported in Senate

II Calendar No. 119 113th CONGRESS 1st Session S. 507 [Report No. 113–65] IN THE SENATE OF THE UNITED STATES March 7, 2013 Ms. Cantwell (for herself, Mr. Alexander, Mr. Heinrich, Mrs. Murray, and Mr. Udall of New Mexico) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources June 27, 2013 Reported by Mr. Wyden, with amendments Omit the part struck through and insert the part printed in italic A BILL To establish the Manhattan Project National Historical Park in Oak Ridge, Tennessee, Los Alamos, New Mexico, and Hanford, Washington, and for other purposes. 1. Short title This Act may be cited as the Manhattan Project National Historical Park Act. 2. Findings Congress finds that— (1) the Manhattan Project was an unprecedented top-secret program implemented during World War II to produce an atomic bomb before Nazi Germany; (2) a panel of experts convened by the President’s Advisory Council on Historic Preservation in 2001— (A) stated that the development and use of the atomic bomb during World War II has been called the single most significant event of the 20th century; and (B) recommended that nationally significant sites associated with the Manhattan Project be formally established as a collective unit and be administered for preservation, commemoration, and public interpretation in cooperation with the National Park Service; (3) the Manhattan Project National Historical Park Study Act (Public Law 108–340; 118 Stat. 1362) directed the Secretary of the Interior, in consultation with the Secretary of Energy, to conduct a special resource study of the historically significant sites associated with the Manhattan Project to assess the national significance, suitability, and feasibility of designating 1 or more sites as a unit of the National Park System; (4) after significant public input, the National Park Service study found that including Manhattan Project-related sites in the national park system will expand and enhance the protection and preservation of such resources and provide for comprehensive interpretation and public understanding of this nationally significant story in the 20th century American history; (5) the Department of the Interior, with the concurrence of the Department of Energy, recommended the establishment of a Manhattan Project National Historical Park comprised of resources at— (A) Oak Ridge, Tennessee; (B) Los Alamos, New Mexico; and (C) Hanford, in the Tri-Cities area, Washington; (6) designation of a Manhattan Project National Historical Park as a unit of the National Park System would improve the preservation of, interpretation of, and access to the nationally significant historic resources associated with the Manhattan Project for present and future generations to gain a better understanding of the Manhattan Project, including the significant, far-reaching, and complex legacy of the Manhattan Project; and (7) the permanent historical preservation of the B Reactor at Hanford as part of the Manhattan National Historical Park would provide significant savings to the Federal Government relative to placing the reactor into interim safe storage and subsequently dismantling the reactor— (A) as determined as part of the Record of Decision entitled ‘‘Decommissioning of Eight Surplus Production 3 Reactors at the Hanford Site, Richland, WA’’; and (B) as included within milestone M–093–00 of the Hanford Federal Facility Agreement and Consent Order. 3. Purposes The purposes of this Act are— (1) to preserve and protect for the benefit and education of present and future generations the nationally significant historic resources associated with the Manhattan Project; (2) to improve public understanding of the Manhattan Project and the legacy of the Manhattan Project through interpretation of the historic resources associated with the Manhattan Project; (3) to enhance public access to the Historical Park, consistent with protection of public safety, national security, and other aspects of the mission of the Department of Energy; and (4) to assist the Department of Energy, Historical Park communities, historical societies, and other interested organizations and individuals in efforts to preserve and protect the historically significant resources associated with the Manhattan Project. 4. Definitions In this Act: (1) Historical park The term Historical Park means the Manhattan Project National Historical Park established under section 5. (2) Manhattan project The term Manhattan Project means the Federal program to develop an atomic bomb ending on December 31, 1946. (3) Secretary The term Secretary means the Secretary of the Interior. 5. Establishment of manhattan project national historical park (a) Establishment Not later than 1 year after the date of enactment of this Act, there shall be established as a unit of the National Park System the Manhattan Project National Historical Park. (a) Establishment (1) In general Subject to paragraph (2), there is established in the States of Washington, New Mexico, and Tennessee a unit of the National Park System to be known as the Manhattan Project National Historical Park. (2) Determination by Secretary required The Historical Park shall not be established until the date on which the Secretary determines that— (A) sufficient land or interests in land have been acquired from among the sites described in subsection (b) to constitute a manageable park unit; or (B) the Secretary has entered into an agreement with the Secretary of Energy in accordance with section 6. (b) Eligible areas The Historical Park may be comprised of 1 or more of the following areas or portions of the areas, as generally depicted on the map entitled Manhattan Project National Historical Park Sites, numbered 540/108,834–C (4 pages), and dated September 2012: (1) Oak ridge, Tennessee Facilities, land, or interests in land that are— (A) at Buildings 9204–3 and 9731 at the Y–12 National Security Complex; (B) at the X–10 Graphite Reactor at the Oak Ridge National Laboratory; (C) at the K–25 Building site at the East Tennessee Technology Park; (D) at the former Guest House located at 210 East Madison Road; and (E) at other sites within the boundary of the city of Oak Ridge, Tennessee, that are not depicted on the map described in this subsection, but are determined by the Secretary to be suitable and appropriate for inclusion, except that sites owned or managed by the Secretary of Energy may be included only with the concurrence of the Secretary of Energy. (2) Los Alamos, New Mexico Facilities, land, or interests in land that are— (A) in the Los Alamos Scientific Laboratory National Historic Landmark District or any addition to the Landmark District proposed in the National Historic Landmark Nomination—Los Alamos Scientific Laboratory (LASL) NHL District (Working Draft of NHL Revision), Los Alamos National Laboratory document LA–UR 12–00387 (January 26, 2012); (B) at the former East Cafeteria located at 1670 Nectar Street; and (C) at the former dormitory located at 1725 17th Street. (3) Hanford, washington Facilities, land, or interests in land that are— (A) in the B Reactor National Historic Landmark; (B) at the Hanford High School in the town of Hanford and Hanford Construction Camp Historic District; (C) at the White Bluffs Bank building in the White Bluffs Historic District; (D) at the warehouse in the Bruggemann’s Agricultural Complex; (E) at the Hanford Irrigation District Pump House; and (F) at the T Plant (221–T Process Building). (c) Availability of map The map described in subsection (b) shall be kept on file and available for public inspection in the appropriate offices of the National Park Service and the Department of Energy. 6. Agreement (a) In general Not later than 1 year after the date of enactment of this Act, the Secretary and the Secretary of Energy (acting through the Oak Ridge, Richland, and Los Alamos site offices) shall enter into an agreement governing the respective roles of the Secretary and the Secretary of Energy in administering the facilities, land, or interests in land under the administrative jurisdiction of the Department of Energy that is to be included in the Historical Park, including provisions for public access, management, interpretation, and historic preservation. (b) Responsibilities of the Secretary Any agreement under subsection (a) shall provide that the Secretary shall— (1) have decisionmaking authority for the content of historic interpretation of the Manhattan Project for purposes of administering the Historical Park; and (2) ensure that the agreement provides an appropriate role for the National Park Service in preserving the historic resources covered by the agreement. (c) Responsibilities of the Secretary of energy Any agreement under subsection (a) shall provide that the Secretary of Energy— (1) shall ensure that the agreement appropriately protects public safety, national security, and other aspects of the ongoing mission of the Department of Energy at the Los Alamos National Laboratory, Hanford Site, and Oak Ridge Reservation; (2) may consult with and provide historical information to the Secretary concerning the Manhattan Project; and (3) shall retain responsibility, in accordance with applicable law, for any environmental remediation and structural safety that may be necessary in or around the facilities, land, or interests in land governed by the agreement. (d) Amendments The agreement under subsection (a) may be amended, including to add to the Historical Park facilities, land, or interests in land described in section 5(b) that are under the jurisdiction of the Secretary of Energy. 7. Public participation (a) In general The Secretary shall consult with interested State, county, and local officials, organizations, and interested members of the public— (1) before executing any agreement under section 6; and (2) in the development of the general management plan under section 8(b). (b) Notice of determination Not later than 30 days after the date on which an agreement under section 6 is executed, the Secretary shall publish in the Federal Register notice of the establishment of the Historical Park, including an official boundary map. (c) Availability of map The official boundary map published under subsection (b) shall be on file and available for public inspection in the appropriate offices of the National Park Service. (d) Additions Any land, interest in land, or facility within the eligible areas described in section 5(b) that is acquired by the Secretary or included in an amendment to the agreement under section 6(d) shall be added to the Historical Park. 8. Administration (a) In general The Secretary shall administer the Historical Park in accordance with— (1) this Act; and (2) the laws generally applicable to units of the National Park System, including— (A) the National Park System Organic Act (16 U.S.C. 1 et seq.); and (B) the Act of August 21, 1935 (16 U.S.C. 461 et seq.). (b) General management plan Not later than 3 years after the date on which funds are made available to carry out this section, the Secretary, in consultation with the Secretary of Energy, shall complete a general management plan for the Historical Park in accordance with— (1) section 12(b) of Public Law 91–383 (commonly known as the National Park Service General Authorities Act) (16 U.S.C. 1a–7(b)); and (2) the agreement established under section 6. (c) Interpretive tours The Secretary may, subject to applicable law, provide interpretive tours of historically significant Manhattan Project sites and resources in the States of Tennessee, New Mexico, and Washington that are located outside the boundary of the Historical Park. (d) Land acquisition (1) In general The Secretary may only acquire land and interests in land within the eligible areas described in section 5(b) by— (A) transfer of administrative jurisdiction from the Department of Energy by agreement between the Secretary and the Secretary of Energy; or (B) purchase from willing sellers, donation, or exchange. (2) Facilities The Secretary may acquire land or interests in land in the vicinity of Historical Park for visitor and administrative facilities. (e) Donations; cooperative agreements (1) Federal facilities (A) In general The Secretary may enter into 1 or more agreements with the head of a Federal agency to provide public access to, and management, interpretation, and historic preservation of, historically significant Manhattan Project resources under the jurisdiction or control of the Federal agency. (B) Donations; cooperative agreements The Secretary may accept donations from, and enter into cooperative agreements with, State governments, units of local government, tribal governments, organizations, or individuals to further the purpose of an interagency agreement entered into under subparagraph (A). (2) Technical assistance The Secretary may provide technical assistance to State, local, or tribal governments, organizations, or individuals for the management, interpretation, and historic preservation of historically significant Manhattan Project resources not included within the Historical Park. (3) Donations to department of energy For the purposes of this Act, or for the purpose of preserving or providing access to historically significant resources relating to the Manhattan Project, the Secretary of Energy may accept, hold, administer, and use gifts, bequests, and devises (including labor and services). June 27, 2013 Reported with amendments