[House Report 108-563]
[From the U.S. Government Publishing Office]
108th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 108-563
======================================================================
FORT DONELSON NATIONAL BATTLEFIELD ACT OF 2004
_______
June 23, 2004.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Pombo, from the Committee on Resources, submitted the following
R E P O R T
[To accompany H.R. 646]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 646) to expand the boundaries of the Fort Donelson
National Battlefield to authorize the acquisition and
interpretation of lands associated with the campaign that
resulted in the capture of the fort in 1862, 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 ``Fort Donelson National Battlefield Act
of 2004''.
SEC. 2. FORT DONELSON NATIONAL BATTLEFIELD.
(a) Designation; Purpose.--There exists as a unit of the National
Park System the Fort Donelson National Battlefield to commemorate--
(1) the Battle of Fort Donelson in February 1862; and
(2) the campaign conducted by General Ulysses S. Grant and
Admiral Andrew H. Foote that resulted in the capture of Fort
Donelson by Union forces.
(b) Boundaries.--The boundary of the Fort Donelson Battlefield is
revised to include the site of Fort Donelson and associated land that
has been acquired by the Secretary of the Interior for administration
by the National Park Service, including Fort Donelson National
Cemetery, in Stewart County, Tennessee, and the site of Fort Heiman and
associated land in Calloway County, Kentucky, as generally depicted on
the map entitled ``Fort Donelson National Battlefield Boundary
Adjustment'', numbered 328/80024, and dated September 2003. The map
shall be on file and available for public inspection in the appropriate
offices of the National Park Service.
(c) Expansion of Boundaries.--The Fort Donelson National Battlefield
shall also include any land acquired pursuant to section 3.
SEC. 3. LAND ACQUISITION RELATED TO FORT DONELSON NATIONAL BATTLEFIELD.
(a) Acquisition Authority.--Subject to subsections (b) and (c), the
Secretary of the Interior may acquire land, interests in land, and
improvements thereon for inclusion in the Fort Donelson National
Battlefield. Such land, interests in land, and improvements may be
acquired by the Secretary only by purchase from willing sellers with
appropriated or donated funds, by donation, or by exchange with willing
owners.
(b) Land Eligible for Acquisition.--The Secretary of the Interior may
acquire land, interests in land, and improvements thereon under
subsection (a)--
(1) within the boundaries of the Fort Donelson National
Battlefield described in section 2(b); and
(2) outside such boundaries if--
(A) the land has been identified by the American
Battlefield Protection Program as part of the
battlefield associated with Fort Donelson; or
(B) the Secretary otherwise determines that
acquisition under subsection (a) will protect critical
resources associated with the Battle of Fort Donelson
in 1862 and the Union campaign that resulted in the
capture of Fort Donelson.
(c) Boundary Revision.--Upon acquisition of land or interests in land
described in subsection (b)(2), the Secretary of the Interior shall
revise the boundaries of the Fort Donelson National Battlefield to
include the acquired property.
(d) Limitation on Total Acreage of Park.--The total area encompassed
by the Fort Donelson National Battlefield may not exceed 2,000 acres.
SEC. 4. ADMINISTRATION OF FORT DONELSON NATIONAL BATTLEFIELD.
The Secretary of the Interior shall administer the Fort Donelson
National Battlefield in accordance with this Act and the laws generally
applicable to units of the National Park System, including the Act of
August 25, 1916 (commonly known as the National Park Service Organic
Act; 16 U.S.C. 1 et seq.), and the Act of August 21, 1935 (commonly
known as the Historic Sites, Buildings, and Antiquities Act; 16 U.S.C.
461 et seq.).
SEC. 5. RELATION TO LAND BETWEEN THE LAKES NATIONAL RECREATION AREA.
The Secretary of Agriculture and the Secretary of the Interior shall
enter into a memorandum of understanding to facilitate cooperative
protection and interpretation of the remaining vestiges of Fort Henry
and other existing Civil War resources affiliated with the Fort
Donelson campaign and located in the Land Between the Lakes National
Recreation Area.
SEC. 6. REPEAL OF OBSOLETE PROVISIONS AND CONFORMING AMENDMENTS.
(a) Repeals.--
(1) 1928 law.--The first section and sections 2 through 4, 6
through 8, and 10 of the Act of March 26, 1928 (16 U.S.C. 428,
428a-428c, 428e-428g, and 428i), are repealed.
(2) 1937 law.--Section 3 of the Act of August 30, 1937 (16
U.S.C. 428d-3), is repealed.
(3) 1960 law.--Sections 4 and 5 of Public Law 86-738 (16
U.S.C. 428n, 428o) are repealed.
(b) Conforming Amendments.--
(1) 1928 law.--The Act of March 26, 1928, is amended--
(A) in section 5 (16 U.S.C. 428d), by striking ``:
Provided'' and all that follows and inserting a period;
and
(B) in section 9 (16 U.S.C. 428h)--
(i) by striking ``Fort Donelson National
Park'' and inserting ``Fort Donelson National
Battlefield''; and
(ii) by striking ``Secretary of War'' and
inserting ``Secretary of the Interior''.
(2) 1937 law.--The Act of August 30, 1937, is amended--
(A) in the first section (16 U.S.C. 428d-1)--
(i) by striking ``Fort Donelson National
Military Park'' and inserting ``Fort Donelson
National Battlefield''; and
(ii) by striking ``War Department'' and
inserting ``Department of the Army''; and
(B) in section 2 (16 U.S.C. 428d-2)--
(i) by striking ``Fort Donelson National
Military Park'' and inserting ``Fort Donelson
National Battlefield'';
(ii) by striking ``said national military
park'' and inserting ``Fort Donelson National
Battlefield''; and
(iii) by striking the last sentence.
(3) 1960 law.--Public Law 86-738 is amended--
(A) in section 1 (16 U.S.C. 428k), by striking ``Fort
Donelson National Military Park'' and inserting ``Fort
Donelson National Battlefield'' and by striking ``, but
the total area commemorating the battle of Fort
Donelson shall not exceed 600 acres''; and
(B) by striking section 3 (16 U.S.C. 428m).
Purpose of the Bill
The purpose of H.R. 646 is to expand the boundaries of the
Fort Donelson National Battlefield to authorize the acquisition
and interpretation of lands associated with the campaign that
resulted in the capture of the fort in 1862.
Background and Need for Legislation
Fort Donelson was first established as a National Military
Park on March 26, 1928, and later designated as a National
Battlefield on August 16, 1985. The Battlefield was established
to preserve the Fort Donelson National Cemetery and the Dover
Hotel, the site where Confederate General Simon Buckner
surrendered to Ulysses S. Grant. H.R. 646 authorizes land to be
acquired by the National Park Service outside the boundaries of
the battlefield if the land has been identified by the American
Battlefield Protection Program as property associated with Fort
Donelson, or if the Secretary of the Interior determines that
acquisition will protect critical resources associated with the
Battle of Fort Donelson. Land, interests in land, and
improvements may be acquired by the Secretary of the Interior
only from willing sellers with appropriated or donated funds,
by donation, or by exchange with willing owners. Civil War
preservation groups in western Kentucky are prepared to assist
in the open market purchase of land designated by the bill to
then be donated to the National Park Service if legislation is
in place.
The bill also directs the Secretary of the Interior and the
Secretary of Agriculture to enter into a memorandum of
understanding to facilitate cooperative protection and
interpretation of the remaining vestiges of Fort Henry and
other existing Civil War resources affiliated with the Fort
Donelson Campaign and located in the Land Between the Lakes
National Recreation Area.
Committee Action
H.R. 646 was introduced on February 5, 2003, by Congressman
Ed Whitfield (R-KY). The bill was referred to the Committee on
Resources, and within the Committee to the Subcommittee on
National Parks, Recreation and Public Lands. On September 16,
2003, the Subcommittee held a hearing on the bill. On April 22,
2004, the Subcommittee met to mark up the bill. Congressman
George Radanovich (R-CA) offered an amendment in the nature of
a substitute that made a number of technical changes
recommended by the Administration. It was adopted by unanimous
consent. The bill as amended was then ordered favorably
reported to the Full Committee by unanimous consent. On May 19,
2004, the Full Resources Committee met to consider the bill. No
further amendments were offered and the bill, as amended, was
then 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 Resources' oversight findings and recommendations
are reflected in the body of this report.
Constitutional Authority Statement
Article I, section 8 of the Constitution of the United
States grants Congress the authority to enact this bill.
Compliance With House Rule XIII
1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the
rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
3. General Performance Goals and Objectives. This bill does
not authorize funding and therefore, clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives does not
apply.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, June 18, 2004.
Hon. Richard W. Pombo,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 646, the Fort
Donelson National Battlefield Act of 2004.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Deborah Reis.
Sincerely,
Elizabeth Robinson
(For Douglas Holtz-Eakin, Director).
Enclosure.
H.R. 646--Fort Donelson National Battlefield Act of 2004
H.R. 646 would expand the boundary of the Fort Donelson
National Battlefield, a historic Civil War site located in
Calloway County, Kentucky. The bill would authorize the
Secretary of the Interior to acquire land to include in the
battlefield by purchase, donation, or exchange. Finally, the
bill would direct the Secretary of the Interior and the
Secretary of Agriculture to enter into a memorandum of
understanding to protect and interpret Fort Henry, a nearby
Civil War site administered by the Forest Service.
According to the National Park Service (NPS), most of the
land to be added to the battlefield would be donated by the
state of Kentucky, Calloway County, and the West Kentucky
Corporation. Assuming the availability of appropriated funds,
we estimate that first-year costs to acquire additional land,
hire staff, and purchase equipment for the expanded battlefield
would total about $1.2 million. We also estimate that future
operational costs would total $1 million annually. Finally, we
estimate that the NPS and the Forest Service would spend less
than $100,000 annually to enhance interpretation services at
Fort Henry.
H.R. 646 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
Any costs incurred by the state of Kentucky or local
governments in that state to acquire land for the park would be
voluntary.
On March 26, 2004, CBO submitted a cost estimate for S.
524, the Fort Donelson National Battlefield Expansion Act of
2004, as ordered reported by the Senate Committee on Energy and
Natural Resources on March 9, 2004. H.R. 646 is very similar to
S. 524, and the estimated costs of the two bills are identical.
The CBO staff contact for this estimate is Deborah Reis.
This estimate was approved by Peter H. Fontaine, Deputy
Assistant Director for Budget Analysis.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
Preemption of State, Local or Tribal Law
This bill is not intended to preempt any State, local or
tribal law.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
* * * * * * *
ACT OF MARCH 26, 1928
AN ACT To establish a national military park at the battle field of
Fort Donelson, Tennessee.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, [That a
commission is hereby created, to be composed of the following
members, who shall be appointed by the Secretary of War:
[(1) A commissioned officer of the Corps of Engineers, United
States Army;
[(2) A veteran of the Civil War who served honorably in the
military forces of the United States; and
[(3) A veteran of the Civil War who served honorably in the
military forces of the Confederate States of America.
[Sec. 2. In appointing the members of the commission created
by section 1 of this Act the Secretary of War shall, as far as
practicable, select persons familiar with the terrain of the
battle field of Fort Donelson, Tennessee, and the historical
events associated therewith.
[Sec. 3. It shall be the duty of the commission, acting under
the direction of the Secretary of War, to inspect the battle
field of Fort Donelson, Tennessee, and to carefully study the
available records and historical data with respect to the
location and movement of all troops which engaged in the Battle
of Fort Donelson, and the important events connected therewith,
with a view of preserving and marking such field for historical
and professional military study. The commission shall submit a
report of its findings and recommendations to the Secretary of
War not later than December 1, 1928. Such report shall describe
the portion or portions of land within the area of the battle
field which the commission thinks should be acquired and
embraced in a national park and the price at which such land
can be purchased and its reasonable market value; the report of
the commission shall also embrace a map or maps showing the
lines of battle and the locations of all troops engaged in the
Battle of Fort Donelson and the location of the land which it
recommends be acquired for the national park; the report of the
commission shall contain recommendations for the location of
historical tablets at such points on the battle field, both
within and without the land to be acquired for the park, as
they may deem fitting and necessary to clearly designate
positions and movements of troops and important events
connected with the Battle of Fort Donelson.
[Sec. 4. The Secretary of War is authorized to assign any
officials of the War Department to the assistance of the
commission if he deems it advisable. He is authorized to pay
the reasonable expenses of the commission and their assistants
incurred in the actual performance of the duties herein imposed
upon them.]
Sec. 5. That, upon receipt of the report of said commission
the Secretary of War be, and he is hereby, authorized and
directed to acquire, by purchase, when purchasable at prices
deemed by him reasonable, otherwise by condemnation, such tract
or tracts of lands as are recommended by the commission as
necessary and desirable for a national military park; to
establish and substantially mark the boundaries of the said
park; to definitely mark all lines of battle and locations of
troops within the boundaries of the park and erect substantial
historical tablets at such points within the park and in the
vicinity of the park and its approaches as are recommended by
the commission, together with such other points as the
Secretary of War may deem appropriate; to construct the
necessary roads and walks, plant trees and shrubs, restore and
care for the grounds, including the restoration and maintenance
of those portions of old Fort Donelson, and of the Confederate
water batteries that are located on the present engineer
reservation[: Provided, That the entire cost of acquiring said
land, including cost of condemnation proceedings, if any,
ascertainment of title, surveys, and compensation for the land,
the cost of marking the battle field, the expenses of the
commission, and the establishment of the national military park
shall not exceed the sum of $50,000.].
[Sec. 6. That, upon the ceding of jurisdiction by the
Legislature of the State of Tennessee and the report of the
Attorney General of the United States that a perfect title has
been acquired, the lands acquired under the provisions of this
Act, together with the area already inclosed within the
national cemetery at the battle field of Fort Donelson, are
hereby declared to be a national park, to be known as the Fort
Donelson National Park.
[Sec. 7. That the said Fort Donelson National Park shall be
under the control of the Secretary of War, and he is hereby
authorized to make all needed regulations for the care of the
park. The superintendent of the Fort Donelson National Cemetery
shall likewise be the superintendent of and have the custody
and care of the Fort Donelson National Park, under the
direction of the Secretary of War.
[Sec. 8. That the Secretary of War is hereby authorized to
enter into agreements, upon such nominal terms as he may
prescribe, with such present owners of the land as may desire
to remain upon it, to occupy and cultivate their present
holdings, upon condition that they will preserve the present
buildings and roads, and the present outlines of field and
forest, and that they will only cut trees or underbrush under
such regulations as the Secretary may prescribe, and that they
will assist in caring for and protecting all tablets,
monuments, or such other artificial works as may from time to
time be erected by proper authority.]
Sec. 9. That it shall be lawful for the authorities of any
State having troops engaged in the Battle of Fort Donelson to
enter upon the lands and approaches of the Fort Donelson
National [Park] Battlefield for the purpose of ascertaining and
marking the lines of battle of troops engaged therein;
Provided, That before any such lines are permanently
designated, the position of the lines and the proposed methods
of marking them by monuments, tablets, or otherwise shall be
submitted to the [Secretary of War] Secretary of the Interior
and shall first receive the written approval of the Secretary.
[Sec. 10. That if any person shall willfully destroy,
mutilate, deface, injure, or remove any monument, column,
statue, memorial structure, or work of art that shall be
erected or placed upon the grounds of the park by lawful
authority, or shall willfully destroy or remove any fence,
railing, inclosure, or other work for the protection or
ornament of said park, or any portion thereof, or shall
willfully destroy, cut, hack, bark, break down, or otherwise
injure any tree, bush, or shrubbery that may be growing upon
said park, or shall cut down or fell or remove any timber,
battle relic, tree, or trees growing or being upon such park,
except by permission of the Secretary of War, or shall
willfully remove or destroy any breastworks, earthworks, walls,
or other defenses or shelter, or any part thereof, constructed
by the armies formerly engaged in the battle on the lands or
approaches to the park, any person so offending shall be guilty
of a misdemeanor, and upon conviction thereof before any court
of competent jurisdiction shall for each and every such offense
be fined not less than $5 nor more than $100.]
* * * * * * *
----------
ACT OF AUGUST 30, 1937
AN ACT To provide for the addition of certain lands to the Fort
Donelson National Military Park in the State of Tennessee, and for
other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That the
following-described tracts or parcels of land, lying and being
within the seventh civil district of Stewart County, Tennessee,
are hereby transferred from the jurisdiction of the Secretary
of War to the jurisdiction of the Secretary of the Interior as
additions to the Fort Donelson National [Military Park]
Battlefield, and shall hereafter be subject to all laws and
rules and regulations applicable to said park:
Tract numbered 1, a right-of-way, fifty feet wide, lying
twenty-five feet on each side of a center line, beginning at a
point in the southerly boundary line of lock D reservation,
seven hundred and thirty-four and eight-tenths feet from the
southwest corner of this reservation; thence south thirty-one
degrees five minutes west seventy-seven and one-tenth feet,
thence south eighty-six degrees twenty-one minutes west four
hundred and seventy-nine and nine-tenths feet, thence south
sixty-three degrees fifty-three minutes west two hundred and
sixty-two and three-tenths feet, thence south thirty-nine
degrees thirty-six minutes west one hundred and eighty-six and
seven-tenths feet, thence south exactly forty minutes east
exactly one hundred and ninety-four feet, thence south thirty
degrees fifty-eight minutes east three hundred and fourteen and
five-tenths feet, thence south twenty-eight degrees fifteen
minutes east exactly eighty-five feet, thence south twenty-
eight degrees thirty-seven minutes east two hundred and fifty
and five-tenths feet, thence south four degrees six minutes
east two hundred and sixty-one and seven-tenths feet, thence
south thirty-six degrees twenty-seven minutes east two hundred
and eighty-two and three-tenths feet, thence south twenty-three
degrees forty-five minutes east one hundred and seventy-eight
and three-tenths feet to center line of county road, reserving,
however, to the [War Department] Department of the Army the
right to the continued use of the road over this tract as means
of access to lock D.
* * * * * * *
Sec. 2. The Secretary of the Interior is hereby authorized to
accept donations of land, interests in land, buildings,
structures, and other property within a distance of one mile
from the boundaries of said Fort Donelson National [Military
Park] Battlefield, as hereby extended, and donations of funds
for the purchase or maintenance thereof, the title and evidence
of title to lands acquired to be satisfactory to the Secretary
of the Interior: Provided, That he may acquire on behalf of the
United States out of any donated funds, by purchase at prices
deemed by him reasonable or by condemnation, such tracts of
land within a distance of one mile from the boundaries of the
[said national military park] Fort Donelson National
Battlefield as may be necessary for the completion thereof.
[Upon the acquisition of such land, the same shall become a
part of the Fort Donelson National Military Park and shall be
subject to the laws and rules and regulations applicable to
said park.
[Sec. 3. The administration, protection, and development of
the lands hereby authorized to be added to the Fort Donelson
National Military Park shall be exercised under the direction
of the Secretary of the Interior by the National Park Service,
subject to the provisions of the Act of August 25, 1916 (39
Stat. 535), entitled ``An Act to establish a National Park
Service, and for other purposes'', as amended.]
----------
ACT OF SEPTEMBER 8, 1960
AN ACT To revise the boundaries and change the name of Fort Donelson
National Military Park, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That in
furtherance of the purposes of the Act entitled ``An Act to
establish a national military park at the battlefield of Fort
Donelson, Tennessee'', approved March 26, 1928 (16 U.S.C. 428
and the following), and to facilitate an appropriate observance
of the one hundredth anniversary of the Battle of Fort
Donelson, the Secretary of the Interior is authorized to
designate for addition to the present [Fort Donelson National
Military Park] Fort Donelson National Battlefield such lands
and interests in lands adjacent to said park as in his
discretion are necessary to preserve and interpret this
historic battle-ground, including the nearby historic Surrender
House and the land upon which it is situated on Spring Street
in the town of Dover, Tennessee[, but the total area
commemorating the battle of Fort Donelson shall not exceed 600
acres].
* * * * * * *
[Sec. 3. There is hereby authorized to be appropriated the
sum of not to exceed $454,000 for the purpose of acquiring
lands, interests in lands, and improvements thereon as may be
necessary for carrying out this Act.
[Sec. 4. Upon acquisition of the additional lands pursuant to
authority contained in this Act, the Fort Donelson National
Military Park shall be redesignated by the Secretary of the
Interior as the Fort Donelson National Battlefield, notice
thereof shall be published in the Federal Register, and any
remaining balance of funds appropriated for purposes of the
Fort Donelson National Military Park shall be available for the
purposes of the Fort Donelson National Battlefield.
[Sec. 5. The administration, protection, and development of
the Fort Donelson National Battlefield shall be exercised by
the Secretary of the Interior in accordance with the provisions
of the Act entitled ``An Act to establish a National Park
Service, and for other purposes'', approved August 25, 1916 (39
Stat. 535), as amended.]