[Senate Report 108-230]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 440
108th Congress                                                   Report
                                 SENATE
 2d Session                                                     108-230

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



 
        FORT DONELSON NATIONAL BATTLEFIELD EXPANSION ACT OF 2003

                                _______
                                

                 March 9, 2004.--Ordered to be printed

                                _______
                                

   Mr. Domenici, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 524]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 524) 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, reports favorably thereon 
with an amendment and recommends that the bill, as amended, do 
pass.
    The amendment is as follows:
    Strike out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Fort Donelson National Battlefield 
Expansion 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 National 
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 the land has been identified 
        by the American Battlefield Protection Program as part of the 
        battlefield associated with Fort Donelson or if 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 cooperatively 
protecting and interpreting the remaining vestige of Fort Henry and 
other remaining Civil War resources in the Land Between the Lakes 
National Recreation Area affiliated with the Fort Donelson campaign.

SEC. 6. CONFORMING AMENDMENT.

  The first section of Public Law 86-738 (16 U.S.C. 428k) is amended by 
striking ``Tennessee'' and all that follows through the period at the 
end and inserting ``Tennessee.''.

                         Purpose of the Measure

    The purpose of S. 524 is to authorize the Secretary of the 
Interior to expand the boundaries of Fort Donelson National 
Battlefield in Tennessee to include the site of Fort Heiman and 
associated lands in Calloway County, Kentucky.

                          Background and Need

    The unconditional surrender of Fort Donelson was the 
Union's first major victory of the Civil War, opening the way 
into the heart of the Confederacy. Days earlier, troops 
commanded by General Ulysses S. Grant had captured Forts Henry 
and Heiman, both located on the Tennessee River. Upon taking 
possession of the forts, the Union army then turned to nearby 
Fort Donelson, on the Cumberland River.
    On February 14, 1862, Admiral Andrew Foote's Union gunboats 
arrived at Fort Donelson and began exchanging fire with the 
Confederate heavy artillery. The gunboats suffered such damage 
that the decks became slippery with blood. The strong artillery 
bombardment from the Cumberland River bluff crippled the 
ironclads forcing them to retreat.
    At daybreak the following morning, Southern forces launched 
a vigorous attack but failed to escape Grant's army. On 
February 16th, Confederate General Simon Bolivar Buckner felt 
compelled to accept Grant's ultimatum, ``No terms except an 
unconditional and immediate surrender can be accepted.'' The 
gate was open for a Union invasion into the Confederate 
heartland.
    Fort Donelson National Battlefield is located in Stewart 
County, Tennessee. The current acreage of the National 
Battlefield comprises approximately 20 percent of the principal 
fighting ground associated with the battle. Fort Donelson 
primarily protects Confederate earthworks and relates to 
Confederate military operations at Fort Donelson.
    Although Fort Henry is currently under Federal ownership 
and managed by the Forest Service as part of the Land Between 
the Lakes National Recreation Area, increased collaborative and 
cooperative efforts between the National Park Service and the 
Forest Service are needed to enhance interpretation at Fort 
Henry as well as its interrelationship with Fort Donelson.
    Fort Heiman, which is currently unprotected, is critical to 
the interpretation of Fort Donelson National Battlefield. Along 
with Forts Henry and Donelson, Fort Heiman includes resources 
that are associated with the struggle for control of the 
Tennessee and Cumberland rivers and tell the story of African-
American involvement in the Union war effort. Fort Heiman's 
association with the Battle of Johnsonville and Forrest's Raid 
into West Tennessee in 1864 will provide an opportunity for 
interpreting the continuum of Civil War history in the area.

                          Legislative History

    S. 524 was introduced by Senator Bunning on March 5, 2003. 
A hearing on S. 524 was held by the National Parks Subcommittee 
on October 10, 2003. S. Hrg. 108-225. At the business meeting 
on February 11, 2004, the Committee on Energy and Natural 
Resources ordered S. 524 favorably reported with an amendment 
in the nature of a substitute.

            Committee Recommendation and Tabulation of Votes

    The Committee on Energy and Natural Resources, in open 
business session on February 11, 2004, by a unanimous vote of a 
quorum present, recommends that the Senate pass S. 524, if 
amended as described herein.
    The rollcall vote on reporting the measure was 23 yeas, 0 
nays, as follows:
        YEAS                          NAYS
Mr. Domenici
Mr. Nickles
Mr. Craig
Mr. Campbell*
Mr. Thomas
Mr. Alexander
Ms. Murkoswki
Mr. Talent
Mr. Burns
Mr. Smith*
Mr. Bunning
Mr. Kyl*
Mr. Bingaman
Mr. Akaka
Mr. Dorgan*
Mr. Graham*
Mr. Wyden*
Mr. Johnson*
Ms. Landrieu*
Mr. Bayh*
Mrs. Feinstein*
Mr. Schumer*
Ms. Cantwell

    *Indicates voted by proxy.

                          Committee Amendment

    During consideration of S. 524, the Committee adopted an 
amendment in the nature of a substitute, to make general 
clarifying and conforming changes. The amendment is explained 
in detail in the section-by-section analysis, below.

                      Section-by-Section Analysis

    Section 1 entitles this bill the ``Fort Donelson National 
Battlefield Act of 2004''.
    Section 2 states that the boundary of Fort Donelson 
National Battlefield shall consist of the site of Fort Donelson 
and associated land acquired by the Secretary of the Interior 
(Secretary) and administered by the National Park Service, 
including Fort Donelson National Cemetery, the site of Fort 
Heiman and associated land, and any land acquired pursuant to 
section 3.
    Section 3(a) authorizes the Secretary to acquire land, 
interests in land, and improvements thereon for inclusion in 
the Fort Donelson National Battlefield by purchase from willing 
sellers with appropriated or donated funds, donation, or by 
exchange with willing owners.
    Subsection (b) states that the land eligible for 
acquisition must be inside the boundaries of the Fort Donelson 
National Battlefield as described in section 2(b), and outside 
such boundaries if the land has been identified by the American 
Battlefield Protection Program as part of the battlefield 
associated with Fort Donelson or if 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.
    Subsection (c) directs the Secretary to revise the 
boundaries of the Fort Donelson National Battlefield to include 
the property acquired as described in subsection (b)(2).
    Subsection (d) states that the total area encompassed by 
the Fort Donelson National Battlefield may not exceed 2,000 
acres.
    Section 4 directs the Secretary to 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.).
    Section 5 directs the Secretaries of the Interior and 
Agriculture to enter into a memorandum of understanding to 
facilitate cooperatively protecting and interpreting the 
remaining vestige of Fort Henry and other remaining Civil War 
resources in the Land Between the Lakes National Recreation 
Area affiliated with the Fort Donelson campaign.
    Section 6 repeals obsolete provisions and makes conforming 
amendments.

                     Cost and Budget Considerations

    The Congressional Budget Office estimate of the costs of 
this measure has been requested but was not received at the 
time the report was filed. When the report is available, the 
Chairman will request it to be printed in the Congressional 
Record for the advice of the Senate.

                      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 S. 524. The bill 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 S. 524, as ordered reported.

                        Executive Communications

    On February 11, 2004, the Committee on Energy and Natural 
Resources requested legislative reports from the Department of 
the Interior, Department of Defense, Department of Energy, and 
the Office of Management and Budget setting forth Executive 
agency recommendations on S. 524. These reports had not been 
received at the time the report on S. 524 was filed. When the 
reports become available, the Chairman will request that they 
be printed in the Congressional Record for the advice of the 
Senate. The testimony provided by the National Park Service at 
the Subcommittee hearing follows:

Statement of Sue Masica, Associate Director, Park Planning, Facilities, 
   and Lands, National Park Service, U.S. Department of the Interior

    Mr. Chairman, thank you for the opportunity to present the 
views of the Department of the Interior on S. 524, a bill to 
expand the boundaries of the Fort Donelson National Battlefield 
and to authorize the acquisition and interpretation of lands 
associated with the campaign that resulted in the capture of 
the fort in 1862.
    The Department of the Interior supports S. 524. Although 
the Administration's priority is to focus our resources on 
caring for existing areas within the National Park System, 
there are cases where an acquisition or expansion is needed to 
realize an existing park unit's mission and can be accomplished 
with reduced costs. This is such a case. This legislation would 
enable the National Park Service (NPS) to protect and interpret 
historical resources that are critical to the Civil War story 
concerning the surrender of Fort Donelson to Union forces.
    Fort Donelson National Battlefield (Battlefield), currently 
consisting of 558 acres, is located in Stewart County, 
Tennessee. The battlefield includes the fort, the Dover Hotel 
(Surrender House), and Fort Donelson National Cemetery. S. 524 
would allow the Secretary of the Interior (Secretary) to expand 
the boundaries of the battlefield and acquire additional lands 
as long as the total acreage included in the battlefield does 
not exceed 2,000 acres. New lands may be acquired by purchase 
from willing sellers or by donation or exchange. Lands that 
would be added would include a detached unit of the battlefield 
at Fort Heiman, in Calloway County, Kentucky and various 
historical resources in and around Dover, Tennessee. In 
addition, S. 524 would require the Secretary and the U.S. 
Forest Service to enter into a memorandum of understanding for 
the protection and interpretation of remaining vestiges of Fort 
Henry and other Civil War resources in the Land Between the 
Lakes National Recreation Area.
    There will be no anticipated NPS land acquisition costs for 
the acquisition of Fort Heiman. West Kentucky Corporation and 
the Commonwealth of Kentucky have entered into a partnership to 
secure more than $1,000,000 for land appraisals and purchase of 
approximately 300 acres at the Fort Heiman site. On September 
23, 2003, Calloway County, Kentucky acquired approximately 200 
acres of the site and intends to hold it in trust. The 
remaining 100 acres will also be purchased by this partnership. 
The intent is for the Fort Heiman site to then be donated to 
the NPS for inclusion into the battlefield once the boundary is 
adjusted through this legislation.
    The U.S. Forest Service administers the lands on which the 
outer earthwork fortifications of Fort Henry remain--the fort 
itself is under Kentucky Lake. Thus, since the land is in 
current federal ownership, and would continue to be managed by 
the U.S. Forest Service, land acquisition funds would not be 
required. However, visitor services, resource protection, and 
interpretation could be enhanced, and undetermined costs might 
result, based upon the memorandum of understanding between the 
Secretary and the U.S. Forest Service regarding the protection 
and interpretation of this land.
    First year personnel costs associated with this proposal 
are estimated to be $676,000, which would primarily be used to 
provide staffing for the detached unit that will be created at 
Fort Heiman. Additionally, a one-time development expenditure 
of about $325,000 is anticipated to cover maintenance 
equipment, vehicles, and miscellaneous start up supplies. 
Operational costs for future years are estimated to be 
approximately $850,000-$900,000 annually. Since that is roughly 
equal to the battlefield's current funding, the expansion would 
require doubling the annual appropriation for this unit. Murray 
State University in Kentucky has approached the park with the 
offer of office space, telephones, computers, and other office 
equipment if it would be needed.
    In addition to the lands at Fort Heiman that will be 
purchased by the West Kentucky Corporation and the Commonwealth 
of Kentucky, the Civil War Preservation Trust (Trust) has 
purchased about 100 acres near or contiguous to Fort Donelson 
National Battlefield and holds an option for the purchase of an 
additional 105 acres. These two parcels contain the portion of 
the battlefield where 70% of the Union casualties took place. 
These properties would be included within the expanded boundary 
and we look forward to the possibility of working with the 
Trust to preserve and interpret these important lands. The 
Trust and the State of Tennessee are working on a cooperative 
venture to purchase another critical site consisting of 
approximately 7 acres near the current visitor center. There 
are an additional four sites of historical relevance and 
integrity near Fort Donelson that could be purchased from 
willing sellers, should they become available. Together, these 
parcels consist of approximately 20-23 acres and are estimated 
to cost less than $150,000.
    The capture of the forts (Heiman, Henry and Donelson) that 
guarded the Tennessee and Cumberland Rivers constituted the 
first major Union victory in the Civil War. The outcome earned 
Brigadier General Ulysses S. Grant his promotion to Major 
General, the nickname ``Unconditional Surrender Grant'', and 
prominence that led to the Presidency of the United States.
    The Confederate capitulation forced the evacuation of 
Nashville, Tennessee, virtually all of middle Tennessee, and 
much of western Tennessee. With the capture of the three forts 
the Tennessee and Cumberland Rivers became Union highways for 
the movement of men and material into the Deep South. The 
battles at Fort Henry and Fort Heiman were the first time in 
the Civil War where ironclad gunboats were used and the 
surrender of the forts ensured that Kentucky would remain in 
the Union.
    The American Battlefield Protection Program has classified 
the Fort Donelson National Battlefield area as a collection of 
Priority I sites implying a critical need for coordinated 
nationwide preservation action. Fort Henry and Fort Donelson 
are also designated as two of the principle battles of the 
Civil War and Fort Heiman, listed on the National Register of 
Historic Places, derives part of its significance from its 
direct association with them.
    Tne NPS is currently conducting a boundary study of Fort 
Donelson. Public response has been overwhelming in support of 
preserving the three forts under an umbrella of federal 
protection. The draft study is currently under agency review 
and is expected to be finalized by the end of calendar year 
2003.
    We suggest some technical amendments to S. 524 that provide 
the map references that are missing from the bill and will 
provide overall clarification to the bill language. Our 
suggested amendments are attached to this testimony.
    Mr. Chairman, that concludes my statement. I would be 
pleased to answer any questions you or other members of the 
subcommittee may have.


                          PROPOSED AMENDMENTS


    Page 2, line 11, strike ``The Fort Donelson National 
Battlefield shall consist of the site of'' and insert ``The 
boundary of the Fort Donelson National Battlefield is revised 
to include the site of''.
    Page 2, line 18, strike ``map entitled `___' numbered ___, 
and dated ___.'' and insert ``map entitled Fort Donelson 
National Battlefield Boundary Adjustment, numbered 328/80024, 
and dated September 2003.''
    Page 5, line 5, strike ``2 through 7'' and insert ``2 
through 4, 6 through 8, and 10''.
    Page 5, line 14, strike subparagraph A and insert, ``(A) in 
section 5 (16 U.S.C. 428d), by striking `Provided' and the last 
sentence.''
    Page 6, line 19, strike paragraph 3 and insert:
          ``(3) 1960 law.--Public Law 86-738 is amended 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
                  ``(A) by striking section 3 (16 U.S.C. 
                428m).''

                        Changes in Existing Law

    In compliance with paragraph 12 of Rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill S. 524, as ordered 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):

                           Public Law 86-738


 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 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.] Tennessee.''

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