[Senate Report 108-371]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 730
108th Congress                                                   Report
                                 SENATE
 2d Session                                                     108-371
======================================================================
 
  WILSON'S CREEK NATIONAL BATTLEFIELD BOUNDARY ADJUSTMENT ACT OF 2004

                                _______
                                

               September 28, 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. 2432]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 2432) to expand the boundaries of 
Wilson's Creek Battlefield National Park, and for other 
purposes, having considered the same, reports favorably thereon 
without amendment and an amendment to the title and recommends 
that the bill, as amended, do pass.
    The amendment is as follows:
    Amend the title so as to read: ``A bill to expand the 
boundaries of Wilson's Creek National Battlefield, and for 
other purposes.''.

                         Purpose of the Measure

    The purpose of S. 2432 is to expand the boundaries of 
Wilson's Creek National Battlefield in Missouri to include 
approximately 615 acres.

                          Background and Need

    The Battle of Wilson's Creek was one of the first 
significant battles of the Civil War. Fought on August 10, 
1861, on open farmland located nine miles from Springfield, 
Missouri, the battle was the first major Civil War engagement 
west of the Mississippi River. The battle involved 
approximately 5,400 Union troops and 12,000 Confederates. By 
battle's end, 537 Union and Confederate soldiers had lost their 
lives and 2,500 soldiers were wounded.
    The battle was the culmination of a campaign that pitted 
Union General Nathaniel Lyon against Confederate General Ben 
McCulloch and Major General Sterling Price of the Missouri 
National Guard. Outnumbered nearly two-to-one, General Lyon 
split his force into two columns and surprised the Confederate 
armies in their camps at dawn. Although General Lyon's troops 
eventually retreated, the Union army considered themselves 
victorious. The outcome of the battle demoralized Missouri 
Confederates to such an extent that they never fully recovered.
    Wilson's Creek National Battlefield was established in 1960 
(Public Law 86-464). The battlefield's interpretive facilities 
include an automobile tour, walking trails, a visitor center 
and the John K. Hulston library. The library is one of the 
largest and most well respected research libraries in the 
National Park System. The battlefield consists of approximately 
1,750 acres, but only 75 percent of the actual combat areas 
associated with the battle are within the current boundary. The 
battlefield's establishing legislation directs the Secretary of 
the Interior to acquire ``the lands (together with any 
improvements thereon) comprising the Wilson's Creek Battlefield 
site near Springfield, Missouri, and any other lands adjacent 
to such site which in his opinion are necessary or desirable to 
carry out the purposes of this Act.'' The 2002 General 
Management Plan for Wilson's Creek National Battlefield also 
recommended that suitable areas adjacent to the Battlefield be 
considered for acquisition.
    S. 2432 would authorize the addition of approximately 615 
acres from willing sellers or by donation. With the addition of 
these parcels, nearly 99 percent of the battleground would lie 
within the battlefield's boundary. Of particular interest is 
General Sweeny's Museum of Civil War History, which houses a 
large collection of artifacts relating to the Civil War in 
Missouri and Arkansas. The museum contains more than 15,000 
artifacts and displays, as well as thousands of Civil War 
documents. Acquisition of this material will make the Hulston 
Library the largest collection of original Civil War material 
in the National Park Service System.

                          Legislative History

    S. 2432 was introduced on May 18, 2004, by Senators Talent 
and Bond. A companion measure, H.R. 4481, was introduced by 
Representative Blunt and others on June 2, 2004. H.R. 4481 
passed the House of Representatives on a voice vote on 
September 13, 2004. The Committee on Energy and Natural 
Resources' Subcommittee on National Parks held a hearing on S. 
2432 on July 15, 2004. At the business meeting on September 15, 
2004, the Committee on Energy and Natural Resources ordered S. 
2432, as amended, favorably reported.

                        Committee Recommendation

    The Senate Committee on Energy and Natural Resources, in an 
open business session on September 15, 2004, by a unanimous 
voice vote of a quorum present, recommends that the Senate pass 
S. 2432, if amended as described herein.

                          Committee Amendment

    During its consideration of S. 2432, the Committee adopted 
an amendment to the title. The amendment reflects the correct 
title of Wilson's Creek National Battlefield.

                      Section-by-Section Analysis

    Section 1 entitles the Act the ``Wilson's Creek National 
Battlefield Boundary Adjustment Act of 2004.''
    Section 2(a) amends Public Law 86-434 (U.S.C. 430kk) by 
revising the boundary of the Wilson's Creek National 
Battlefield to include the land and interests in land of 6 
parcels totaling 615 acres. The land is depicted on a map 
entitled ``Wilson's Creek National Battlefield Proposed 
Boundary'', numbered 410/80,037 and dated January 27, 2004. The 
map is to be made available for public inspection at 
appropriate offices of the National Park Service.
    This section authorizes the Secretary to acquire the land, 
interests in land and personal property associated with and 
appropriate for interpreting the battlefield by donation, 
exchange or with appropriated funds.
    Subsection (b) amends Public Law 86-434 (16 U.S.C. 430mm) 
by authorizing the appropriation of such funds as are necessary 
to carry out section 1(b) of that Act.

                   Cost and Budgetary Considerations

    The following estimate of the cost of this measure has been 
provided by the Congressional Budget Office.

S. 2432--Wilson's Creek National Battlefield Boundary Adjustment Act of 
        2004

    S. 2432 would expand by about 615 acres the boundary of the 
Wilson's Creek National Battlefield in Missouri. The 
legislation would authorize the National Park Service (NPS) to 
acquire the additional acreage and related personal property by 
purchase, donation, or exchange. Finally, S. 2432 would 
authorize the appropriation of whatever amounts are necessary 
for those purposes.
    Assuming appropriation of the necessary amounts, CBO 
estimates that implementing S. 2432 would cost between $5 
million and $10 million over the next five years. We expect 
that the NPS would first purchase a 20-acre parcel containing a 
Civil War museum, other improvements, and the museum contents, 
at a cost of between $3 million and $4 million. If the NPS 
later purchases some of the other 595 acres (or easements on 
that land), total acquisition costs could increase by up to $6 
million over several years. We estimate that additional costs 
to operate the museum and to develop visitor facilities and 
interpretive materials would be less than $0.5 million 
annually. Enacting this legislation would not affect direct 
spending or revenues.
    S. 2432 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would have no significant impact on the budgets of state, 
local, or tribal governments.
    On July 30, 2004, CBO transmitted a cost estimate for H.R. 
4481, the Wilson's Creek National Battlefield Boundary 
Adjustment Act of 2004, as ordered reported by the House 
Committee on Resources. The estimated costs of H.R. 4481 and S. 
2432 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.

                      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. 2432.
    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. 2432.

                        Executive Communications

    On July 6, 2004, the Committee on Energy and Natural 
Resources requested legislative reports from the Department of 
the Interior and the Office of Management and Budget setting 
forth Executive agency recommendations on S. 2432. These 
reports had not been received when this report was filed. The 
testimony provided by the Department of the Interior at the 
Subcommittee hearing on S. 2432 follows:

 Statement of A. Durand Jones, Deputy Director, National Park Service, 
                       Department of the Interior

    Mr. Chairman, thank you for the opportunity to testify on 
S. 2432, a bill to authorize the Secretary of the Interior to 
modify the boundaries of Wilson's Creek National Battlefield in 
the State of Missouri. The Department strongly supports 
enactment of S. 2432. The Administration transmitted a similar 
proposal to Congress on June 10.
    Wilson's Creek National Battlefield lies 10 miles to the 
southwest of Springfield, Missouri, in one of the fastest 
growing areas of the country. The current acreage of the park 
is approximately 1,750 acres, but only 75 percent of the actual 
combat areas associated with the battle are within the park's 
boundaries. S. 2432 would provide permanent protection from 
development for significant resources that are integral to the 
historic events that the park was established to commemorate. 
It would add approximately 615 acres from six parcels of land 
that make up the remaining significant resources outside the 
park boundary that are directly related to the battle. This 
bill also authorizes the acquisition of the Sweeney Museum 
property and collections, one of the most complete private 
civil war artifacts collections in existence. This expansion 
was included as part of the General Management Plan, and is the 
number one acquisition priority for the National Park Service's 
Midwest Region. The operational cost of the Sweeney collection 
and land structures is estimated at $500,000.
    In addition, the Act that established the park in 1960 
stated ``* * * the Secretary of the Interior shall acquire * * 
* the lands (together with any improvements thereon) comprising 
the Wilson's Creek Battlefield site near Springfield, Missouri, 
and any other lands adjacent to such site which in his opinion 
are necessary or desirable to carry out the purposes of this 
Act.'' These parcels would significantly increase the park's 
capability to interpret the important events surrounding the 
battle of August 10, 1861, in which over 537 Union and 
Confederate soldiers lost their lives and 2,500 were wounded.
    There are six areas proposed for inclusion within the 
park's boundaries. Area 1 encompasses 20 acres including 
General Sweeney's Museum of Civil War History, a garage, and a 
house. The Sweeney museum is a private museum that houses one 
of the best privately owned Civil War collections in the United 
States. The collection includes 8,000-10,000 museum objects and 
numerous archives related to the Battle of Wilson's Creek and 
the Civil War in the Trans-Mississippi West. Acquisition of the 
entire Sweeney Archives & Collections is essential to enhance 
the interpretation and visitor experience of the park. It is 
anticipated that school groups, researchers, and traditional 
visitors will use the museum.
    Area 2 includes 160 acres encompassing the hilltop where 
Colonel Franz Sigel began his bombardment of the Confederate 
encampment and his forces' route of approach to the Sharp 
stubble field. It also includes a portion of the historic Dixon 
farmstead that was used as a field hospital. The inclusion of 
the site would enhance interpretation of the impact of the 
battle on civilians who lived in the valley.
    Area 3 includes 150 acres encompassing the ridge that 
became known in the aftermath of the battle as Bloody Hill. 
Bloody Hill was the core combat area of the Battle of Wilson's 
Creek. It was an area of intense fighting involving thousands 
of troops. Casualty rates, particularly among Union forces, 
proportionately were among the highest seen during the entire 
war.
    Area 4 includes 200 acres encompassing the Guinn Farm, 
Moody's Spring, and the intersection of Telegraph and York 
Roads. The Guinn Farm was the site of a skirmish between a 
portion of Sigel's retreating forces and troops of the Missouri 
State Guard; a Union artillery piece was abandoned here. 
Moody's Spring provided a year-round water source for both 
Union and Confederate encampments during the Civil War. The 
Telegraph Road was critical as a means of linking 
transportation and communication with southwestern Missouri and 
St. Louis to the north and Arkansas and Fort Smith to the 
south. Colonel Sigel's troops also used both the Telegraph Road 
and the Little York Road during their retreat from the battle.
    Area 5 includes 25 acres encompassing the approach of the 
Union forces under General Nathaniel Lyon. The first shots of 
the battle were fired here when Lyon's advance troops clashed 
with southern foragers. The anticipated construction of a trail 
in this area would allow visitors to retrace General Lyon's 
route to encounter the battlefield as the main Union force did 
on the morning of August 10, 1861.
    Finally, Area 6 encompasses 60 acres including the rallying 
point for Louisiana and Arkansas forces that had retreated from 
the Ray cornfield after nearly overwhelming advancing Union 
infantry in the opening stages of the battle.
    Inclusion of these six areas would allow the National Park 
Service to more completely tell the story of the Civil War 
battle at Wilson's Creek while protecting the lands that played 
a prominent role in this encounter.
    Once this legislation passes, the National Park Service 
will work cooperatively and collaboratively with the 
landowners. An appraisal of the properties has not yet been 
done; however, the total land acquisition cost for the six 
areas is estimated at $6.15-$7.38 million, which includes the 
estimated $2.5-$3.0 million to acquire the museum collection. 
Area 1, the Sweeney property, is a high priority in the 
National Park Service's Midwest Regional Office's land 
acquisition ranking system.
    Mr. Chairman, thank you for the opportunity to comment. 
This concludes my prepared remarks and I will be happy to 
answer any questions you or other committee members might have.

                        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 
S. 2432, 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 86-434


AN ACT To provide for the establishment of the Wilson's Creek National 
Battlefield Park, in the State of Missouri, approved April 22, 1960 (74 
                               Stat. 76)

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That (a) 
the Secretary of the Interior shall acquire, by gift, purchase, 
condemnation, or otherwise, the lands (together with any 
improvements thereon) comprising the Wilson's Creek Battlefield 
site near Springfield, Missouri, and any other lands adjacent 
to such site which in his opinion are necessary or desirable to 
carry out the purposes of this Act.
    (b)(1) The boundaries of the Wilson's Creek National 
Battlefield are revised to include land and interests in land 
consisting of 6 parcels totaling 615 acres and identified as 
parcels 1 through 6 on the map entitled `Wilson's Creek 
National Battlefield Proposed Boundary', numbered 410/80,037 
and dated January 27, 2004.
    (2) The map referred to in paragraph (1) shall be 
maintained on file and available for public inspection in the 
appropriate offices of the National Park Service.
    (3) The Secretary of the Interior may acquire by donation, 
purchase from willing sellers with donated or appropriated 
funds, or exchange--
          (A) land and interests in land referred to in 
        paragraph (1); and
          (B) personal property associated with, and 
        appropriate for, interpretation of the park designated 
        under section 2. (16 U.S.C. Sec. 430kk [Supp. II].)
    Sec. 2. (a) The lands acquired under the first section of 
this Act shall be set aside as a public park for the benefit 
and enjoyment of the people of the United States and shall be 
designated as the Wilson's Creek National Battlefield Park. The 
National Park Service, under the direction of the Secretary of 
the Interior, shall administer, protect, and develop the park, 
subject to 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).
    (b) In order to provide for the proper development and 
maintenance of the park, the Secretary of the Interior shall 
construct and maintain therein such roads, trails, markers, 
buildings, and other improvements, and such facilities for the 
care and accommodation of visitors, as he may deem necessary. 
(16 U.S.C. Sec. 430ll [Supp. II].)
    Sec. 3. (a) For development of the Wilson's Creek National 
Battlefield, there are authorized to be appropriated not more 
than $2,285,000 (March 1969 prices), plus or minus such 
amounts, if any, as may be justified by reason of ordinary 
fluctuations in construction costs as indicated by engineering 
cost indices applicable to the types of construction involved 
herein.
    (b) There are authorized to be appropriated such sums as 
are necessary to carry out subsection (b) of the first section.

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