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Calendar No. 664
115th Congress } { Report
SENATE
2d Session } { 115-378
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MILL SPRINGS BATTLEFIELD NATIONAL MONUMENT ACT
_______
November 26, 2018.--Ordered to be printed
_______
Ms. Murkowski, from the Committee on Energy and 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 Energy and Natural Resources, to which 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, reports favorably thereon with an
amendment in the nature of a substitute, and recommends 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)(1).
(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--
(A) the nationally significant historic resources of
the Mill Springs Battlefield; and
(B) the role of the Mill Springs Battlefield in the
Civil War.
(2) Determination by the secretary.--The Monument shall not
be established until the date on which the Secretary determines
that a sufficient quantity of land or interests in land has
been acquired to constitute a manageable park unit.
(3) Notice.--Not later than 30 days after the date on which
the Secretary makes a determination under paragraph (2), the
Secretary shall publish in the Federal Register notice of the
establishment of the Monument.
(4) Boundary.--The boundary of the Monument shall be as
generally depicted on the Map.
(5) Availability of map.--The Map shall be on file and
available for public inspection in the appropriate offices of
the National Park Service.
(6) Acquisition authority.--The Secretary may only acquire
land or an interest in land located within the boundary of the
Monument by--
(A) donation;
(B) purchase from a willing seller with donated or
appropriated funds; or
(C) exchange.
(b) 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 prepare
a general management plan for the Monument, the
Secretary shall prepare the general management plan in
accordance with section 100502 of title 54, United
States Code.
(B) Submission to congress.--On completion of the
general management plan, the Secretary shall submit to
the Committee on Natural Resources of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate the general management plan.
(c) Private Property Protection.--Nothing in this Act affects the
land use rights of private property owners within or adjacent to the
Monument.
(d) No Buffer Zones.--
(1) In general.--Nothing in this Act, the establishment of
the Monument, or the management of the Monument creates a
buffer zone outside the Monument.
(2) Activity or use outside monument.--The fact that an
activity or use can be seen, heard, or detected from within the
Monument shall not preclude the conduct of the activity or use
outside the Monument.
PURPOSE
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
Fought on January 19, 1862, the Battle of Mill Springs in
Kentucky was the first significant Civil War victory for the
Union Army. The Confederate Army attempted a surprise attack on
the camped Union forces, but a combination of bad weather
conditions and diligent Union pickets prevented the Confederate
Army from securing an advantage, bringing about a Union victory
and the death of prominent Confederate General Zollicoffer. The
victory at Mill Springs boosted morale within the Union Army
and helped to break the Confederate defense line across
Kentucky, key to keeping the State solidly in Union control.
Today, a non-profit association manages the Mill Springs
Battlefield, and through its efforts has acquired and preserved
over 400 acres of battlefield lands via grants and private
donations. The site features an interpretation of the
battlefield and a 10,000 square foot visitor's center. However,
the preservation and educational efforts by volunteers have
reached beyond association resources, and Mill Springs
Battlefield has been dubbed one of the top 25 ``most endangered
battlefields'' by the Department of the Interior.
In 1993, the Congressionally-established Civil War Site
Advisory Commission classified Mill Springs as a Class B
battlefield, which the Commission described as having ``a
direct, observable impact on the direction, duration, conduct,
or outcome of the campaign.''
H.R. 5979 would establish the Mill Springs Battlefield as a
unit of the National Park System to assure continued protection
of the battlefield and provide funding for employees and
interpretive work to increase awareness of the battle's
historical significance.
LEGISLATIVE HISTORY
H.R. 5979 was introduced in the House of Representatives by
Representative Rogers on May 25, 2018. The Subcommittee on
Federal Lands held a hearing on the bill on July 17, 2018. On
July 23, 2018, H.R. 5979 was reported, as amended, by the
Committee on Natural Resources (H. Rept. 115-855), and passed
by voice vote in the House of Representatives.
Companion legislation, S. 3176, was introduced by Senator
McConnell on June 28, 2018. The Subcommittee on National Parks
held a hearing on S. 3176 and H.R. 5979 on August 15, 2018.
The Committee on Energy and Natural Resources met in open
business session on October 2, 2018, and ordered H.R. 5979
favorably reported, as amended.
COMMITTEE RECOMMENDATION
The Senate Committee on Energy and Natural Resources, in
open business session on October 2, 2018, by a majority voice
vote of a quorum present, recommends that the Senate pass H.R.
5979, if amended as described herein.
COMMITTEE AMENDMENT
During its consideration of H.R. 5979, the Committee
adopted an amendment in the nature of a substitute. The
substitute amendment updated the definition of the term
Monument and the private property protection language. The
substitute amendment also modified the conditions under which
the Secretary is to establish the Monument, including
eliminating the requirement for written agreements from
landowners, requiring a Federal Register notice regarding the
Monument's establishment, and authorizing the purchase from a
willing seller with donated or appropriated funds.
SECTION-BY-SECTION ANALYSIS
Section 1. Short title
Section 1 contains the short title.
Section 2. Definitions
Section 2 contains key definitions.
Section 3. Establishment of Mill Springs Battlefield National Monument
Subsection (a) establishes the Mill Springs Battlefield
National Monument in the State of Kentucky as a unit of the
National Park System to preserve, protect, and interpret for
the benefit of present and future generations the nationally
significant historic resources of the Mill Springs Battlefield,
as well as its role in the Civil War. The Monument shall not be
established until the Secretary determines that a sufficient
quantity of land or land interests have been acquired to
constitute a manageable park unit. Within 30 days of such
determination, the Secretary is required to publish a Federal
Register notice regarding the Monument's establishment. This
subsection also specifies that the Monument's boundary shall be
as generally depicted on the Map and the Map shall be on file
and available for public inspection. This subsection further
states that the Secretary may only acquire land or land
interests within the Monument's boundary by donation, purchase
from a willing seller with donated or appropriated funds, or
exchange.
Subsection (b) requires the Secretary to administer the
Monument in accordance with this Act and the laws generally
applicable to National Park System units. The Secretary is
directed to prepare a general management plan in accordance
with applicable law within three years after funds are first
made available for its preparation and submit the general
management plan to the House Natural Resources Committee and
the Senate Energy and Natural Resources Committee upon
completion.
Subsection (c) states that nothing in this Act affects the
land use rights of private property owners within or adjacent
to the Monument.
Subsection (d) states that nothing in this Act, the
establishment of the Monument, or the management of the
Monument creates a buffer zone outside of the Monument. This
subsection further makes clear that an activity which can be
seen, heard, or detected from within the Monument shall not
preclude the conduct of the activity or use outside of the
Monument.
COST AND BUDGETARY CONSIDERATIONS
The following estimate of the costs of this measure has
been provided by the Congressional Budget Office:
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.
REGULATORY IMPACT EVALUATION
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out H.R. 5979. The Act is not a regulatory measure in
the sense of imposing Government-established standards or
significant economic responsibilities on private individuals
and businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of H.R. 5979, as ordered reported.
EXECUTIVE COMMUNICATIONS
The testimony provided by the Department of the Interior at
the August 15, 2018, hearing on H.R. 5979 follows:
Statement of P. Daniel Smith, Deputy Director, Exercising the Authority
of the Director, National Park Service, U.S. Department of the Interior
Chairman Daines, Ranking Member King, and Members of the
Subcommittee, thank you for the opportunity to provide the
Department of the Interior's views on S. 3176 and H.R. 5979,
bills 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.
The Department supports enactment of S. 3176 and H.R. 5979
with amendments described later in this statement. As a
nationally significant Civil War site, where the principal
owner has indicated a desire to donate the battlefield property
including a visitor center for inclusion in the National Park
System, the Mill Springs Battlefield represents an exceptional
opportunity to preserve and interpret for future generations a
critical chapter in Civil War history.
S. 3176 and H.R. 5979 would authorize the Secretary of the
Interior to establish Mill Springs Battlefield National
Monument as unit of the National Park System after meeting
specified requirements. The proposed boundary of the monument
includes land within the Mill Springs National Historic
Landmark and also visitor and administrative facilities outside
of the Landmark. The bills include authorities for land
acquisition and administration that are commonly included in
legislation establishing a unit of the National Park System.
The Battle of Mill Springs, Kentucky, on January 19, 1862,
was the battle that led to the total collapse of the eastern
portion of the Confederate line designed to protect Kentucky
and hopefully bring its allegiance to the South. Mill Springs
is considered to be the first significant Union victory in the
western theater of the Civil War; it permitted Federal troops
to carry the war into Middle Tennessee a few weeks later. This
Union victory, after a long line of defeats, reenergized the
Northern war interests and directly led to the battles of
Columbus, Fort Henry and Fort Donelson; the fall of Nashville;
and battles at Shiloh and Corinth. Kentucky's importance to the
Union has been demonstrated many ways, most significantly by
President Abraham Lincoln's famous quote, ``I hope to have God
on my side, but I must have Kentucky.'' After Mill Springs, the
Union held control of Kentucky throughout the war.
Designated a National Historic Landmark in 1994, Mill
Springs Battlefield was recognized in the 1993 Civil War Sites
Advisory Commission Report as a Preservation Priority One
battlefield, indicating it has the characteristics of high
integrity, significance, and threats that warrant focused
preservation action. A local non-profit group, the Mill Springs
Battlefield Association Inc. (Association), was formed in 1992
to preserve, maintain, and interpret this important
battlefield. The Association has actively worked with the
National Park Service American Battlefield Protection Program
and the nonprofit American Battlefield Trust to secure grants
to apply towards purchase of battlefield land and to fund
archeological surveys and additional scholarly research related
to the battle. Ongoing research has resulted in a better
understanding of the battle's extent and the historic resources
found at Mill Springs, which is reflected in the updated
National Register of Historic Places documentation completed in
2009 for the battlefield and associated Civil War era sites.
The Association's visitor center, which opened in 2006,
includes a reference library and community room; it offers a
variety of educational programs to generate public
understanding of the significance of the site.
The National Park Service is in the final stages of
preparing a Congressionally authorized special resource study
on Mill Springs Battlefield. Strong local support for including
the site in the National Park System has been indicated through
public meetings and comments. The Mill Springs Battlefield
Association, a major landowner within the proposed boundary, is
prepared to donate its holdings for inclusion in the new unit.
All funding for the unit would be subject to National Park
Service priorities and the availability of appropriations.
The Department recommends that S. 3176 and H.R. 5979 be
amended in the following ways:
First, both bills provide land acquisition authority by
means of donation, purchase with donated funds, or exchange.
The Department recommends amending the bills to also include
the authority to purchase lands with appropriated funds. Such
authority is common for other National Park Service units. That
authority would allow the owners of private property within the
boundary the opportunity to sell their lands to the Federal
government. Even if the owners are not interested in selling
their land at the current time, this authority provides the
flexibility for them to make that decision in the future if
circumstances change. Before the National Park Service would
seek to acquire any property, whether by purchase, donation, or
exchange, it would take into consideration the condition of any
structures on the property that would add to the Service's
deferred maintenance backlog. Any funding to purchase land
would be subject to future appropriations from Congress.
Second, H.R. 5979, but not S. 3176, includes two conditions
for establishing Mill Springs Battlefield National Monument as
a unit of the National Park System: (1) entering into an
agreement for donation of the property, and (2) acquiring
sufficient land to constitute a manageable unit. Because land
must be acquired prior to the establishment of the Monument, an
agreement evidencing an intent to donate land is a precondition
that needs to be included in the legislation. We recommend that
H.R. 5979 be amended to conform the language for establishing
the unit to that used in S. 3176, which provides for only the
second condition. Third, H.R. 5979, but not S. 3176, includes
language stipulating that no private or non-Federal property
shall be managed as part of the Monument without the written
consent of the landowner. This provision is unnecessary as the
National Park Service does not currently have authority to
manage non-Federal property as part of a unit in this manner.
Furthermore, the addition of this language could be read to
suggest that it does have such authority. The Department
recommends striking this provision from H.R. 5979.
Mr. Chairman, this concludes my statement. I would be
pleased to answer any questions you or other members of the
Subcommittee may have.
CHANGES IN EXISTING LAW
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the Committee notes that no
changes in existing law are made by H.R. 5979 as ordered
reported.
[all]
