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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1208 Reported in House (RH)]

                                                  Union Calendar No. 42
113th CONGRESS
  1st Session
                                H. R. 1208

                          [Report No. 113-66]

  To establish the Manhattan Project National Historical Park in Oak 
Ridge, Tennessee, Los Alamos, New Mexico, and Hanford, Washington, and 
                          for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 15, 2013

 Mr. Hastings of Washington (for himself, Mr. Fleischmann, and Mr. Ben 
   Ray Lujan of New Mexico) introduced the following bill; which was 
             referred to the Committee on Natural Resources

                              May 17, 2013

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed

_______________________________________________________________________

                                 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.

 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Manhattan Project National 
Historical Park Act''.

SEC. 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 one 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; 
                and
            (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.

SEC. 3. PURPOSES.

    The purposes of this Act are--
            (1) to preserve and protect for the benefit 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.

SEC. 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.

SEC. 5. ESTABLISHMENT OF MANHATTAN PROJECT NATIONAL HISTORICAL PARK.

    (a) Establishment.--
            (1) Date.--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.
            (2) Areas included.--The Historical Park shall consist of 
        facilities and areas listed under subsection (b) as determined 
        by the Secretary, in consultation with the Secretary of Energy. 
        The Secretary shall include the area referred to in subsection 
        (b)(3)(A), the B Reactor National Historic Landmark, in the 
        Historical Park.
    (b) Eligible Areas.--The Historical Park may only be comprised of 
one or more of the following areas, or portions of the areas, as 
generally depicted in the map titled ``Manhattan Project National 
Historical Park Sites'', numbered 540/108,834-C, 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; and
                    (D) at the former Guest House located at 210 East 
                Madison Road.
            (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) the B Reactor National Historic Landmark;
                    (B) the Hanford High School in the town of Hanford 
                and Hanford Construction Camp Historic District;
                    (C) the White Bluffs Bank building in the White 
                Bluffs Historic District;
                    (D) the warehouse at the Bruggemann's Agricultural 
                Complex;
                    (E) the Hanford Irrigation District Pump House; and
                    (F) the T Plant (221-T Process Building).
    (c) Written Consent of Owner.--No non-Federal property may be 
included in the Historical Park without the written consent of the 
owner.

SEC. 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, Los Alamos, and Richland 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 under section 
5(b), including provisions for enhanced 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 
        advisory 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 Oak Ridge 
        Reservation, Los Alamos National Laboratory, and Hanford Site;
            (2) may consult with and provide historical information to 
        the Secretary concerning the Manhattan Project;
            (3) shall retain responsibility, in accordance with 
        applicable law, for any environmental remediation that may be 
        necessary in or around the facilities, land, or interests in 
        land governed by the agreement; and
            (4) shall retain authority and legal obligations for 
        historic preservation and general maintenance, including to 
        ensure safe access, in connection with the Department's 
        Manhattan Project resources.
    (d) Amendments.--The agreement under subsection (a) may be amended, 
including to add to the Historical Park facilities, land, or interests 
in land within the eligible areas described in section 5(b) that are 
under the jurisdiction of the Secretary of Energy.

SEC. 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 entered into, 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. The map shall be 
updated to reflect any additions to the Historical Park from eligible 
areas described in section 5(b).
    (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.

SEC. 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, with the concurrence of the Secretary of Energy, and in 
consultation and collaboration with the Oak Ridge, Los Alamos and 
Richland Department of Energy site offices, shall complete a general 
management plan for the Historical Park in accordance with 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)).
    (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 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;
                    (B) donation; or
                    (C) exchange.
            (2) No use of condemnation.--The Secretary may not acquire 
        by condemnation any land or interest in land under this Act or 
        for the purposes of this Act.
    (e) Donations; Cooperative Agreements.--
            (1) Federal facilities.--
                    (A) In general.--The Secretary may enter into one 
                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) or to 
                provide visitor services and administrative facilities 
                within reasonable proximity to the Historical Park.
            (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 and providing access 
        to historically significant Manhattan Project resources, the 
        Secretary of Energy may accept, hold, administer, and use 
        gifts, bequests, and devises (including labor and services).

SEC. 9. CLARIFICATION.

    (a) No Buffer Zone Created.--Nothing in this Act, the establishment 
of the Historical Park, or the management plan for the Historical Park 
shall be construed to create buffer zones outside of the Historical 
Park. That an activity can be seen and heard from within the Historical 
Park shall not preclude the conduct of that activity or use outside the 
Historical Park.
    (b) No Cause of Action.--Nothing in this Act shall constitute a 
cause of action with respect to activities outside or adjacent to the 
established boundary of the Historical Park.
                                                  Union Calendar No. 42

113th CONGRESS

  1st Session

                               H. R. 1208

                          [Report No. 113-66]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                              May 17, 2013

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed
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