STATEMENT OF P. DANIEL SMITH, SPECIAL ASSISTANT TO THE DIRECTOR, NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR, BEFORE THE SUBCOMMITTEE ON NATIONAL PARKS OF THE SENATE COMMITTEE ON ENERGY AND NATURAL RESOURCES, CONCERNING S. 1257 AND H.R. 107, TO REQUIRE THE SECRETARY OF THE INTERIOR TO CONDUCT A THEME STUDY TO IDENTIFY SITES AND RESOURCES TO COMMEMORATE AND INTERPRET THE COLD WAR.

 

JUNE 12, 2002

 

Mr. Chairman, thank you for the opportunity to present the Department of the Interior's views on S. 1257 and H.R. 107. These bills would require that the Secretary of the Interior conduct a theme study to identify sites and resources associated with the Cold War and to recommend ways to commemorate and interpret that period of our nation's history.

 


The Department supports this legislation, if amended in accordance with this testimony, as we believe that is wholly appropriate for the National Park Service to undertake a study that will help ensure that the history of the Cold War era is preserved for future generations of Americans.  However, the Administration did not request funding for this study or any other National Historic Landmark theme study in Fiscal Year 2003.  Theme studies are not the same as special resource studies, which assess the suitability and feasibility of adding a site to the National Park System.  Theme studies may identify sites that may be appropriate candidates for special resource studies, but these studies themselves do not evaluate sites for possible addition to the National Park System.  Therefore, theme studies do not have the potential to lead directly to new operation, maintenance or other costs for the National Park Service.    

              

S. 1257 and H.R. 107 would require the Secretary of the Interior to conduct a National Historic Landmark theme study to identify sites and resources in the United States that are significant to the Cold War.  The bills specifically provide that the study consider the inventory of Cold War resources that has been compiled by the Department of Defense and other historical studies and research on various types of military resources.  They also require the study to include recommendations for commemorating these resources and for establishing cooperative arrangements with other entities.

 

In addition to authorizing the theme study, S. 1257 and H.R. 107 would require the Secretary to prepare and publish an interpretive handbook on the Cold War and to disseminate information gathered through the study in other ways.  S. 1257, but not H.R. 107 as amended, would also require the Secretary to establish a Cold War Advisory Committee to consult on the study.  S. 1257 and H.R. 107 both authorize appropriations of $300,000 to carry out the legislation. 

 

The National Historic Landmarks program was established by the Act of August 21, 1935, commonly known as the Historic Sites Act (16 U.S.C. 461 et. seq.) and is implemented according to 36 CFR Part 65.  The program's mission is to identify those places that best illustrate the themes, events, or persons that are nationally significant to the history of the United States and that retain a high degree of integrity.  Potential national historic landmarks are often identified through theme studies such as the one that would be authorized by this legislation. 

 

For example, in 2000, the National Park Service completed and transmitted to Congress a National Historic Landmark theme study on the history of racial desegregation of public schools, which was authorized by Public Law 105-356, the Act that established the Little Rock Central High School National Historic Site.  Federal, state, and local officials across the country are now using this study to identify and evaluate the significance of numerous properties.  So far, properties in nine states and the District of Columbia have been recommended for consideration as national historic landmarks.  Currently the National Park Service is conducting several other theme studies, including one related to the history of the labor movement, another on the earliest inhabitants of Eastern North America, and another on sites associated with Japanese Americans during World War II.

 


At the moment, the history of the Cold War has some presence in the National Park System and on the two lists of historic sites maintained by the National Park Service.  The National Park System includes one unit related to the Cold War, the Minuteman Missile National Historic Site in South Dakota, which Congress established in 1999 to preserve and interpret the role of Intercontinental Ballistic Missiles in our nation's defense system. 

 


Out of 2,341 designated national historic landmarks, five recognize civilian or military aspects of Cold War history, and out of nearly 75,000 listings on the National Register of Historic Places, 17 (including the five landmarks) are related to the Cold War.  The relatively small number of recognized sites is due in large part to the fact that the Cold War has only recently been viewed as historically important.  With or without a theme study, these numbers would likely increase over time, and the Department of Defense could take steps on its own to identify these sites under their jurisdiction. 

 

Although S. 1257 and H.R. 107 as passed by the House are very similar, there are some important differences between the two.  As introduced, both H.R. 107 and S. 1257 included a provision requiring the Secretary to establish a Cold War Advisory Committee to assist with the study [Section 3 of S. 1257].  At our request, the House deleted this provision from H.R. 107.  Whether this committee acts on H.R. 107 or S. 1257, we strongly recommend that the advisory commission be omitted.  In our view, such a committee is unnecessary and would add greatly to the cost of a study and time required to complete it due to the legal requirements of the Federal Advisory Committee Act (5 U.S.C. App.).   

 

National Historic Landmark program regulations already require consultation with Federal, state, and local governments; national and statewide associations; and a variety of other interested parties.  Through partnering with a national historical organization, using a peer-review process, and consulting with appropriate subject experts as well as the general public, the National Park Service would ensure that the broadest historical perspectives are represented in any study it undertakes.  

 

Another difference between S. 1257 and H.R. 107 is a provision requiring the inclusion in the study of recommendations on the suitability and feasibility of establishing a central repository for Cold War artifacts and information.  This provision is found in H.R. 107, but not in S. 1257.  Studying and developing recommendations of that nature would be an undertaking that is well beyond the scope of a theme study, and that also could consume a large portion of the $300,000 authorized for the legislation.  We urge that this provision [Section 1(b)(1)(C) of H.R. 107] be omitted from the legislation reported by this committee.   

 

In addition, we have been informed by the Department of Justice that the provisions of the bill that would require the Secretary of the Interior to make recommendations to Congress concerning federal protection for Cold War sites appear to violate the Recommendations Clause of the Constitution, which reserves to the President the power to decide whether it is necessary or expedient for the Executive Branch to make legislative policy recommendations to the Congress.  The Administration would be pleased to provide language to remedy the bill's constitutional defects.

 

Mr. Chairman, that concludes my statement.  I would be pleased to answer any questions you or other members of the Subcommittee may have.