[Senate Report 108-371]
[From the U.S. Government Publishing Office]
Calendar No. 730
108th Congress Report
SENATE
2d Session 108-371
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WILSON'S CREEK NATIONAL BATTLEFIELD BOUNDARY ADJUSTMENT ACT OF 2004
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September 28, 2004.--Ordered to be printed
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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.
* * * * * * *