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115th Congress    }                                  {        Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                  {        115-855

======================================================================



 
             MILL SPRINGS BATTLEFIELD NATIONAL MONUMENT ACT

                                _______
                                

 July 23, 2018.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

Mr. Bishop of Utah, from the Committee on Natural Resources, submitted 
                             the following

                              R E P O R T

                        [To accompany H.R. 5979]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 5979) to establish the Mill Springs Battlefield 
National Monument in the State of Kentucky as a unit of the 
National Park System, and for other purposes, having considered 
the same, report favorably thereon with an amendment and 
recommend that the bill as amended do pass.
    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Mill Springs Battlefield National 
Monument Act''.

SEC. 2. DEFINITIONS.

  In this Act:
          (1) Map.--The term ``Map'' means the map entitled ``Mill 
        Springs Battlefield National Monument, Nancy, Kentucky'' 
        numbered 297/145513, and dated June 2018.
          (2) Monument.--The term ``Monument'' means the Mill Springs 
        Battlefield National Monument established by section 3(a).
          (3) Secretary.--The term ``Secretary'' means the Secretary of 
        the Interior, acting through the Director of the National Park 
        Service.

SEC. 3. ESTABLISHMENT OF MILL SPRINGS BATTLEFIELD NATIONAL MONUMENT.

  (a) Establishment.--
          (1) In general.--Subject to paragraph (2), there is 
        established, as a unit of the National Park System, the Mill 
        Springs Battlefield National Monument in the State of Kentucky, 
        to preserve, protect, and interpret for the benefit of present 
        and future generations the nationally significant historic 
        resources of the Mill Springs Battlefield and its role in the 
        American Civil War.
          (2) Conditions.--The Monument shall not be established until 
        the Secretary--
                  (A) has entered into a written agreement with the 
                owner of any private or non-Federal land within the 
                Mill Springs Battlefield National Monument boundary as 
                depicted on the Map, providing that such property shall 
                be donated to the United States for inclusion in the 
                Monument to be managed consistently with the purposes 
                of the Monument; and
                  (B) has determined that sufficient land or interests 
                in land have been acquired within the boundary of the 
                Monument to constitute a manageable unit.
  (b) Boundaries.--The boundaries of the Monument shall be the 
boundaries generally depicted on the Map.
  (c) Availability of Map.--The Map shall be on file and available for 
public inspection in the appropriate offices of the National Park 
Service.
  (d) Acquisition Authority.--The Secretary may only acquire land or an 
interest in land located within the boundary of the Monument by--
          (1) donation;
          (2) purchase with donated funds; or
          (3) exchange.
  (e) Administration.--
          (1) In general.--The Secretary shall administer the Monument 
        in accordance with--
                  (A) this Act; and
                  (B) the laws generally applicable to units of the 
                National Park System, including--
                          (i) section 100101(a), chapter 1003, and 
                        sections 100751(a), 100752, 100753, and 102101 
                        of title 54, United States Code; and
                          (ii) chapter 3201 of title 54, United States 
                        Code.
          (2) Management plan.--
                  (A) In general.--Not later than 3 years after the 
                date on which funds are first made available to the 
                Secretary for this purpose, the Secretary shall prepare 
                a general management plan for the Monument in 
                accordance with section 100502 of title 54, United 
                States Code.
                  (B) Submit to congress.--On completion of the general 
                management plan, the Secretary shall submit it to the 
                Committee on Natural Resources of the House of 
                Representatives and the Committee on Energy and Natural 
                Resources of the Senate.
  (f) Private Property Protection.--No private property or non-Federal 
public property shall be managed as part of the Monument without the 
written consent of the owner of such property.
  (g) No Buffer Zones.--Nothing in this Act, the establishment of the 
Monument, or the management of the Monument shall be construed to 
create buffer zones outside of the Monument. The fact that an activity 
or use can be seen, heard, or detected from within the Monument shall 
not preclude the conduct of that activity or use outside of the 
Monument.

                          PURPOSE OF THE BILL

    The purpose of H.R. 5979 is to establish the Mill Springs 
Battlefield National Monument in the State of Kentucky as a 
unit of the National Park System.

                  BACKGROUND AND NEED FOR LEGISLATION

    The battle of Mill Springs, one of the Kentucky's largest 
Civil War clashes, occurred on January 19, 1862. Kentucky held 
high strategic importance for both the Confederacy and the 
Union. The Confederacy needed to hold the Cumberland Gap and 
the Union saw southern Kentucky as an entrance to Confederate 
strongholds in Tennessee.\1\
---------------------------------------------------------------------------
    \1\``Disaster on the Cumberland''. Experience Mill Springs 
Battlefield. Mill Springs Battlefield Association website. http://
www.millsprings.net/index.php/2013-10-01-18-24-22/battle-of-mill-
springs.
---------------------------------------------------------------------------
    In October 1861, Confederate troops set up winter camp on 
the banks of the Cumberland River in south central Kentucky. In 
January 1862, three Union regiments arrived with the intention 
of driving the Confederate troops from their position. After a 
series of attacks, the Confederate forces finally retreated, 
leaving behind equipment, horses, and artillery.\2\ The battle 
resulted in the loss of 155 Confederate troops and 55 Union 
troops.
---------------------------------------------------------------------------
    \2\Id.
---------------------------------------------------------------------------
    The Battle of Mill Springs bolstered the Union's morale as 
it was the first major victory of the war following the 
disastrous defeat at First Manassas. Winning the battle enabled 
the Union to push all Confederate powers out of Kentucky by 
February 1862 and advance into middle Tennessee.\3\
---------------------------------------------------------------------------
    \3\Id.
---------------------------------------------------------------------------
    Since 1992 the nonprofit Mill Springs Battlefield 
Association (MSBA) has spent over $13 million to preserve and 
interpret the battlefield.\4\ In 1994 the battlefield was 
designated as a National Historic Landmark. The boundary was 
expanded in 2008 and now encompasses roughly 1,500 acres. The 
MSBA currently owns over 900 acres of battlefield land and 
operates a 10,000 square foot visitor center, built in 2006, at 
the site.\5\ At the direction of Congress, the National Park 
Service initiated a special resource study of the Mill Springs 
Battlefield for potential inclusion as a unit of the National 
Park System (Public Law 113-291).\6\
---------------------------------------------------------------------------
    \4\Statement of William R. Neikirk, Founder, Mill Springs 
Battlefield Association. Subcommittee on Federal Lands Legislative 
Hearing July 17, 2018. https://naturalresources.house.gov/
uploadedfiles/7.17_testimony_neikirk.pdf.
    \5\Mudpuppy & Waterdog, Inc. (2010). ``Interpretive Plan for Mill 
Springs Battlefield, Pulaski and Wayne Counties, Kentucky--Part 1''. 
Prepared for the Mill Springs Battlefield Association. http://
www.millsprings.net/images/PDF/
Interpretive%20Plan%20for%20the%20Mill%20Springs 
%20Battlefield_Draft_Part%201.pdf.
    \6\``Mill Springs Battlefield Special Resource Study''. National 
Park Service. https://parkplanning.nps.gov/
projectHome.cfm?projectID=58557.
---------------------------------------------------------------------------
    H.R. 5979 establishes the Mill Springs Battlefield National 
Monument as a unit of the National Park System. The proposed 
Mill Springs Battlefield National Monument would be 
approximately 1,500 acres. The MSBA will donate 900 acres 
within the proposed boundary to the National Park Service and 
will continue to support preservation of the battlefield.
    A companion bill has been introduced in the Senate, S. 
3176, by Senator Mitch McConnell (R-KY).

                            COMMITTEE ACTION

    H.R. 5979 was introduced on May 25, 2018, by Congressman 
Harold Rogers (R-KY). The bill was referred to the Committee on 
Natural Resources, and within the Committee to the Subcommittee 
on Federal Lands. On July 18, 2018, the Natural Resources 
Committee met to consider the bill. The Subcommittee was 
discharged by unanimous consent. Congressman Tom McClintock (R-
CA) offered an amendment designated #1; it was adopted by 
unanimous consent. No additional amendments were offered, and 
the bill, as amended, was ordered favorably reported to the 
House of Representatives by unanimous consent.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

      COMPLIANCE WITH HOUSE RULE XIII AND CONGRESSIONAL BUDGET ACT

    1. Cost of Legislation and the Congressional Budget Act. 
With respect to the requirements of clause 3(c)(2) and (3) of 
rule XIII of the Rules of the House of Representatives and 
sections 308(a) and 402 of the Congressional Budget Act of 
1974, the Committee has received the following estimate for the 
bill from the Director of the Congressional Budget Office:
                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, July 20, 2018.
Hon. Rob Bishop,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 5979, the Mill 
Springs Battlefield National Monument Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Janani 
Shankaran.
            Sincerely,
                                             Mark P. Hadley
                                        (For Keith Hall, Director).
    Enclosure.

H.R. 5979--Mill Springs Battlefield National Monument Act

    H.R. 5979 would establish the Mill Springs Battlefield 
National Monument in Nancy, Kentucky. Under the bill, the site 
would become a unit of the National Park System and would be 
owned and operated by the National Park Service (NPS). The bill 
would direct the NPS to acquire land for the monument by means 
of donation, purchase using donated funds, or through a land 
exchange. Based on the experience of creating other system 
units, CBO expects that the monument would not be formally 
established for several years.
    Using information from the NPS on the costs of operating 
new system units, CBO estimates that the agency would incur 
about $200,000 annually in administrative costs in the 
monument's early years. The bill also would require the NPS to 
develop a general management plan for the monument. Based on 
the costs of similar projects, CBO estimates that developing 
the plan would cost less than $500,000. In total, CBO estimates 
that implementing H.R. 5979 would cost about $1 million over 
the 2019-2023 period; such spending would be subject to the 
availability of appropriated funds.
    Enacting H.R. 5979 would not affect direct spending or 
revenues; therefore, pay-as-you-go procedures do not apply.
    CBO estimates that enacting H.R. 5979 would not increase 
net direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2029.
    H.R. 5979 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act.
    The CBO staff contact for this estimate is Janani 
Shankaran. The estimate was reviewed by H. Samuel Papenfuss, 
Deputy Assistant Director for Budget Analysis.
    2. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to establish the Mill Springs 
Battlefield National Monument in the State of Kentucky as a 
unit of the National Park System.

                           Earmark Statement

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                       COMPLIANCE WITH H. RES. 5

    Directed Rule Making. This bill does not contain any 
directed rule makings.
    Duplication of Existing Programs. This bill does not 
establish or reauthorize a program of the federal government 
known to be duplicative of another program. Such program was 
not included in any report from the Government Accountability 
Office to Congress pursuant to section 21 of Public Law 111-139 
or identified in the most recent Catalog of Federal Domestic 
Assistance published pursuant to the Federal Program 
Information Act (Public Law 95-220, as amended by Public Law 
98-169) as relating to other programs.

                PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

    This bill is not intended to preempt any State, local or 
tribal law.

                        CHANGES IN EXISTING LAW

    If enacted, this bill would make no changes to existing 
law.

                                  [all]