[Congressional Record Volume 150, Number 108 (Monday, September 13, 2004)]
[House]
[Pages H7022-H7023]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  WILSON'S CREEK NATIONAL BATTLEFIELD BOUNDARY ADJUSTMENT ACT OF 2004

  Mr. RADANOVICH. Madam Speaker, I move to suspend the rules and pass 
the bill (H.R. 4481) to amend Public Law 86-434 establishing Wilson's 
Creek National Battlefield in the State of Missouri to expand the 
boundaries of the park, and for other purposes, as amended.
  The Clerk read as follows:

                               H.R. 4481

       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 ``Wilson's Creek National 
     Battlefield Boundary Adjustment Act of 2004''.

     SEC. 2. EXPANSION OF BOUNDARIES, WILSON'S CREEK NATIONAL 
                   BATTLEFIELD, MISSOURI.

       (a) Boundary Expansion; Private Property Protections.--The 
     first section of Public Law 86-434 (16 U.S.C. 430kk) is 
     amended--
       (1) by striking ``That the Secretary'' and inserting the 
     following:

     ``SECTION 1. WILSON'S CREEK NATIONAL BATTLEFIELD: 
                   ESTABLISHMENT AND ACQUISITION OF LANDS.

       ``(a) Establishment, Initial Boundaries.--The Secretary''; 
     and
       (2) by adding at the end the following new subsections:
       ``(b) Expansion of Boundaries.--(1) The boundaries of the 
     Wilson's Creek National Battlefield are revised to include 
     lands and interests therein consisting of six parcels 
     totaling 615 acres and identified as parcels `1, 2, 3, 4, 5, 
     and 6' on the map entitled `Wilson's Creek National 
     Battlefield Proposed Boundary', numbered 410/80,037 and dated 
     January 27, 2004. The map shall be on file and available for 
     public inspection in the appropriate offices of the National 
     Park Service.
       ``(2) The Secretary is authorized to acquire the lands 
     referred to in paragraph (1) by donation, by purchase from 
     willing sellers with donated or appropriated funds, or by 
     exchange. The Secretary may acquire by the same methods 
     personal property associated with, and appropriate for, 
     interpretation of the park.
       ``(c) Access to Private Property.--Nothing in this Act 
     shall be construed to--
       ``(1) require any private property owner to allow public 
     access (including Federal, State, or local government access) 
     to such private property; or
       ``(2) modify any provision of Federal, State, or local law 
     with regard to public access to or use of private property.
       ``(d) Liability.--The revision of the boundaries of the 
     Wilson's Creek National Battlefield by subsection (b) shall 
     not be considered to create any liability for, or to have any 
     effect on any liability under any other law of, any owner of 
     private property with respect to any person injured on that 
     private property.
       ``(e) Recognition of Authority to Control Land Use.--
     Nothing in this Act shall be construed to modify the 
     authority of Federal, State, or local governments to regulate 
     land use.
       ``(f) Participation of Private Property Owners.--Nothing in 
     this Act shall be construed to require the owner of any 
     private property located within the boundaries of the 
     Wilson's Creek National Battlefield to participate in, or be 
     associated with, the National Battlefield.
       ``(g) Effect of Expansion.--The boundaries of the Wilson's 
     Creek National Battlefield, as revised by subsection (b), 
     represent the area within which Federal funds appropriated 
     for the purpose of this Act may be expended. The boundary 
     revision shall not be construed to provide any nonexisting 
     regulatory authority on land use within the National 
     Battlefield or its viewshed by the Secretary or the National 
     Park Service.''.
       (b) Authorization of Appropriations.--Section 3 of such Act 
     (16 U.S.C. 430mm) is amended by adding at the end the 
     following new sentence: ``There are authorized to be 
     appropriated such sums as may be necessary to carry out 
     section 1(b).''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
California (Mr. Radanovich) and the gentlewoman from Guam (Ms. 
Bordallo) each will control 20 minutes.
  The Chair recognizes the gentleman from California (Mr. Radanovich).


                             General Leave

  Mr. RADANOVICH. Madam Speaker, I ask unanimous consent that all 
Members may be given 5 legislative days to revise and extend their 
remarks and include extraneous material on the bill under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from California?
  There was no objection.
  Mr. RADANOVICH. Madam Speaker, I yield such time as he may consume to 
the gentleman from Missouri (Mr. Blunt), the majority whip.
  Mr. BLUNT. I thank the gentleman for yielding me this time.

[[Page H7023]]

  Madam Speaker, I rise today in support of this legislation. H.R. 
4481, the Wilson's Creek National Battlefield Boundary Adjustment Act 
of 2004, will expand the park boundaries at the site of one of our 
Nation's most significant Civil War battles. H.R. 4481 has garnered the 
bipartisan support of the entire Missouri delegation and has received 
the bipartisan support of the entire House Resources Committee.
  On August 10, 1861, just 20 days after the first battle of Bull Run, 
about 20,000 Union and Confederate soldiers met just west of 
Springfield, Missouri on the banks of Wilson's Creek. The fight that 
ensued became the second major engagement of the Civil War, the first 
major battle west of the Mississippi River, and the first battle where 
a Union general was killed. Most importantly, however, the battle of 
Wilson's Creek dealt a decisive blow to the secessionist movement in 
Missouri and preserved Union control of the State.
  When the National Park Service set aside 1,750 acres for the Wilson's 
Creek National Battlefield in 1960, not all of the land upon which the 
battle occurred was included nor was all the land that the Park Service 
recommended to be included put within the boundaries of the park. In 
fact, only about two-thirds of the battle site currently falls within 
the park's boundaries. At the time, the land surrounding the park had 
changed little since the battle took place and still has not had 
significant development around the park. Today, however, this land is 
becoming more attractive to developers. The southern portion of the 
park is located in the fastest growing county in Missouri and pressure 
to further develop the area will only increase.
  With this bill, we have the opportunity to protect an additional 615 
acres of this important battle site by authorizing the National Park 
Service to acquire specific parcels of land surrounding Wilson's Creek 
through donation, through purchase or exchange with willing landowners. 
With the acquisition of these parcels, the Wilson's Creek National 
Battlefield will contain 99 percent of the battle site.
  H.R. 4481 will allow the National Park Service also to obtain one of 
the most valuable and distinctive Civil War collections ever assembled. 
General Sweeney's Museum of Civil War History, which is located on one 
of the parcels identified for acquisition, is a privately owned 
collection of artifacts related to the Civil War in Missouri and 
Arkansas, and the owners have indicated their eagerness to sell. By the 
way, those owners have been big supporters of the park in every way for 
a long time. This collection currently houses approximately 15,000 
pieces, including Civil War documents, photographs, letters and 
diaries. The National Park Service's chief curator, the museum curator 
at Gettysburg National Park and the staff curator at Harper's Ferry 
Center have all visited the Sweeney museum. These experts have praised 
the nature of the collection and confirmed its historical significance. 
The acquisition of the Sweeney museum, along with the John K. and Ruth 
Hulston Civil War Research Library, which was established at the park 
in 1985, will truly make Wilson's Creek National Battlefield an 
essential spot for historians and others.
  H.R. 4481 will add priceless new assets to the Wilson's Creek 
National Battlefield, preserve the battle site and allow future 
generations to experience the park just as Americans would have seen it 
more than 140 years ago. Madam Speaker, on behalf of our delegation and 
with appreciation to the Committee on Resources, I certainly ask the 
House to support this important legislation to protect the Wilson's 
Creek Battlefield and authorize the early addition of this property to 
the park.
  Mr. RADANOVICH. I thank the gentleman from Missouri and I urge 
adoption of the bill.
  Madam Speaker, I reserve the balance of my time.
  Ms. BORDALLO. Madam Speaker, I yield myself such time as I may 
consume.
  (Ms. BORDALLO asked and was given permission to revise and extend her 
remarks.)
  Ms. BORDALLO. Madam Speaker, the majority has already explained the 
purpose of H.R. 4481. The battle at Wilson's Creek was the first major 
engagement of the Civil War west of the Mississippi and was important 
in keeping Missouri in the Union. The National Park Service supports 
the acquisitions authorized by the bill. The expansion of the national 
battlefield also has the support of the local community and Civil War 
historians.
  The bill was amended to make several changes that while unnecessary 
do not undermine the overall purpose of the legislation. As such, we do 
not object to passage of H.R. 4481 by the House today.
  Madam Speaker, I yield back the balance of my time.
  Mr. RADANOVICH. Madam Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from California (Mr. Radanovich) that the House suspend the 
rules and pass the bill, H.R. 4481, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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