[Senate Report 110-102]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 232
110th Congress                                                   Report
                                 SENATE
 1st Session                                                    110-102

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            NEWTONIA CIVIL WAR BATTLEFIELDS STUDY, MISSOURI

                                _______
                                

                 June 26, 2007.--Ordered to be printed

                                _______
                                

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

                              R E P O R T

                        [To accompany H.R. 376]

    The Committee on Energy and Natural Resources, to which was 
referred the Act (H.R. 376) to authorize the Secretary of the 
Interior to conduct a special resource study to determine the 
suitability and feasibility of including the battlefields and 
related sites of the First and Second Battles of Newtonia, 
Missouri, during the Civil War as part of Wilson's Creek 
National Battlefield or designating the battlefields and 
related sites as a separate unit of the National Park System, 
and for other purposes, having considered the same, reports 
favorably thereon without amendment and recommends that the Act 
do pass.

                         PURPOSE OF THE MEASURE

    The purpose of H.R. 376 is to authorize the Secretary of 
the Interior to conduct a special resources study to determine 
the suitability and feasibility of including the battlefields 
and related sites of the First and Second Battles of Newtonia, 
Missouri, during the Civil War as part of Wilson's Creek 
National Battlefield or designating the battlefields and 
related sites as a separate unit of the National Park System.

                          BACKGROUND AND NEED

    Newtonia, Missouri was the scene of two significant battles 
in the Civil War, one on September 30, 1862, and the other on 
October 28, 1864. The battles were fought in and around the 
town of Newtonia, an area that today retains much of its 
character from almost a century and a half ago. The September 
30, 1862, battle involved Native American soldiers directly 
fighting each other, and the October 28, 1864, battle was the 
last Civil War battle fought within the borders of the State of 
Missouri and the culmination of Confederate Major General 
Sterling Price's 1864 Missouri Expedition.
    Newtonia was important as a centralized location to lead 
mines and the communities of Mt. Vernon (which housed a Union 
garrison), Sarcoxie, and Neosho, making it a priority for both 
sides seeking control of the Spring River and its fertile 
valley.
    Both battles are explained in greater detail in the 
National Park Service's testimony, which is printed later in 
this report. H.R. 376 will authorize the National Park Service 
to conduct a special resource study to determine whether the 
site is appropriate for addition to the National Park System.

                          LEGISLATIVE HISTORY

    H.R. 376, sponsored by Representative Blunt, passed the 
House of Representatives by voice vote on March 5, 2007. The 
Subcommittee on National Parks held a hearing on the bill on 
May 15, 2007. At its business meeting on May 23, 2007, the 
Committee on Energy and Natural Resources ordered the bill 
favorably reported, without amendment.

                        COMMITTEE RECOMMENDATION

    The Senate Committee on Energy and Natural Resources, in an 
open business session on May 23, 2007, by a unanimous voice 
vote of a quorum present, recommends that the Senate pass H.R. 
376.

                      SECTION-BY-SECTION ANALYSIS

    Section 1(a) authorizes the Secretary of the Interior to 
conduct a special resource study relating to two Civil War 
battles that took place in Newton County, Missouri, in 1862 and 
1864.
    Subsection (b) requires the Secretary, in conducting the 
study, to evaluate the national significance of the Newtonia 
battlefields and their related sites; consider the findings and 
recommendations prepared in 2004 by the Newtonia Battlefields 
Protection Association; evaluate the suitability and 
feasibility of adding the battlefields and related sites to the 
Wilson's Creek National Battlefield in Missouri, as a unit of 
the National Park System; analyze the impact of possible park 
designation on adjacent privately-owned lands; consider 
alternatives for preservation; and estimate likely costs.
    Subsection (c) states the study requirements contained in 
section 8 of Public Law 91-383 shall apply to the study.
    Subsection (d) requires that the study be transmitted to 
Congress no later than three years after the date funds are 
first made available for the study.

                   COST AND BUDGETARY CONSIDERATIONS

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

                                                      June 4, 2007.
Hon. Jeff Bingaman,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 376, an act to 
authorize the Secretary of the Interior to conduct a special 
resource study to determine the suitability and feasibility of 
including the battlefields and related sites of the First and 
Second Battles of Newtonia, Missouri, during the Civil War as 
part of Wilson's Creek National Battlefield or designating the 
battlefields and related sites as a separate unit of the 
National Park System, and for other purposes.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Deborah 
Reis and David Reynolds.
            Sincerely,
                                                   Peter R. Orszag.
    Enclosure.

H.R. 376--An act to authorize the Secretary of the Interior to conduct 
        a special resource study to determine the suitability and 
        feasibility of including the battlefields and related sites of 
        the First and Second Battles of Newtonia, Missouri, during the 
        Civil War as part of Wilson's Creek National Battlefield or 
        designating the battlefields and related sites as a separate 
        unit of the National Park System, and for other purposes

    H.R. 376 would direct the Secretary of the Interior to 
conduct a special resource study of sites in Missouri relating 
to the First and Second Battles of Newtonia, to determine the 
suitability and feasibility of including them in the National 
Park System. The act would authorize the appropriation of 
whatever amounts are necessary for the study and would require 
the department to report on its findings and recommendations 
within three years of receiving funds.
    Based on information provided by the National Park Service 
and assuming availability of appropriated funds, CBO estimates 
that it would cost $300,000 over the next 3 years to complete 
the required study and report. Enacting H.R. 376 would not 
affect revenues or direct spending.
    The legislation 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.
    The CBO staff contacts for this estimate are Deborah Reis 
and David Reynolds. The estimate was approved by Peter H. 
Fontaine, Deputy Assistant Director of the Budget Analysis 
Division.

                      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 H.R. 376. The Act 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 H.R. 376, as ordered reported.

                        EXECUTIVE COMMUNICATIONS

    The testimony provided by the National Park Service at the 
May 15, 2007 Subcommittee hearing on H.R. 376 follows:

 Statement of Daniel N. Wenk, Deputy Director, National Park Service, 
                       Department of the Interior

    Mr. Chairman, thank you for the opportunity to present the 
views of the Department of the Interior on H.R. 376, a bill to 
authorize the Secretary of the Interior to conduct a special 
resource study to determine the suitability and feasibility of 
including the battlefields and related sites of the First and 
Second Battles of Newtonia, Missouri, during the Civil War as 
part of Wilson's Creek National Battlefield or designating the 
battlefields and related sites as a separate unit of the 
National Park System.
    The Department supports H.R. 376 as passed by the House. 
However, we believe that priority should be given to the 37 
previously authorized studies for potential units of the 
National Park System, potential new National Heritage Areas, 
and potential additions to the National Trails System and 
National Wild and Scenic River System that have not yet been 
transmitted to the Congress.
    H.R. 376 would authorize the Secretary to carry out a 
special resource study to determine the national significance 
of sites in Newton County, Missouri associated with the Civil 
War. The Secretary would evaluate the national significance of 
the battlefields and their related sites and analyze the 
potential impact that their inclusion in the National Park 
System is likely to have on Wilson's Creek National 
Battlefield.
    A special resource study would provide alternatives for the 
appropriate way to preserve, to protect, and to interpret these 
sites and resources. Those alternatives would include 
recommendations on whether the area could be included as a new 
unit of the National Park System, as part of the Wilson's Creek 
National Battlefield, or determine if the Federal government is 
the most appropriate entity to manage the site. We estimate 
that the costs of completing this study would be approximately 
$250,000 to $300,000.
    Newtonia was the scene of two significant battles in the 
Civil War, one on September 30, 1862 and the other on October 
28, 1864. The battles were fought in and around the town of 
Newtonia, an area that today retains much of its character from 
almost a century and a half ago. The September 30, 1862 battle 
involved Native American soldiers directly fighting each other, 
and the October 28, 1864 battle was the last Civil War battle 
fought within the borders of the State of Missouri and the 
culmination of Confederate Major General Sterling Price's 1864 
Missouri Expedition.
    Newtonia was important as a centralized location to lead 
mines and the communities of Mt. Vernon (which housed a Union 
garrison), Sarcoxie, and Neosho, making it a tempting area for 
both sides for control of the Spring River and its fertile 
valley. Confederate Colonel Douglas Cooper had arrived in 
Newtonia on September 27 and had taken over the area. On 
September 30 Union troops under General James Blunt appeared 
before Newtonia and the fighting began by 7:00 a.m. The 
Federals began driving the enemy away from their positions; but 
thanks to timely Confederate reinforcements, the Federals had 
to give way and retreat. As the Union forces were retreating, 
they received reinforcements and renewed their attack, 
threatening the enemy right flank. The Union 3rd Indian 
Battalion was heavily engaged during the attack on the right 
flank as were the Confederate 1st Choctaw and Chickasaw 
Regiment; in fact the two units engaged each other directly in 
a desperate melee. But once again Confederate reinforcements 
arrived and pushed the Federals back and into what quickly 
became an all out retreat. Some Union forces retreated all the 
way to Sarcoxie, some 10 miles away. Although the Confederates 
won the battle, they were unable to maintain themselves in the 
area due to the superior numbers of Union troops, and most 
retreated into northwest Arkansas.
    In the last days of October 1864, Newtonia again took 
center stage. Confederate Major General Sterling Price had 
launched his ``Missouri Expedition'' in September of 1864 in an 
effort to retake Missouri for the Confederacy. His mission was 
failing miserably by October of 1864; and after sound defeats 
at the Battle of Westport on October 21-23 and the Battle of 
Mine Creek, Kansas on October 25, he was desperately trying to 
make his way back to Confederate Territory. Major General Price 
made one last stand at Newtonia on October 28, 1864. Most of 
his army continued across the Arkansas River into Texas. Troops 
under the command of General Jo Shelby slowed the Union advance 
of General James Blunt and held the Union forces at bay until 
darkness overtook the area and allowed Shelby's men to join the 
rest of the comrades in retreating to Texas. Confederate forces 
would not seriously threaten to cross the Arkansas River and 
invade Missouri again.
    Currently the Newtonia Battlefields Protection Association 
owns and maintains 25 plus acres of the Battlefields. This 
includes the Ritchey Mansion and the ``Old Newtonia Cemetery'' 
or the ``Civil War Cemetery'' as it is locally known, with one 
battle participant, Captain Richard Christian, buried in it. 
There are approximately 200 graves, marked only by rough 
sandstone or field stones, which are almost certainly graves of 
Confederate dead.
    The Newtonia Battlefields Protection Association was 
instrumental in having the sites of the 1862 and the 1864 
battles listed on the National Register of Historic Places. The 
Ritchey Mansion was previously listed on the National Register, 
and the Association revised that application after they 
purchased the Mansion in 2002. The Association applied for and 
received three grants from the American Battlefield Protection 
Program (ABPP) of the National Park Service. Two of those 
studies were archeological studies, ``Engaged the Enemy Again--
An Assessment of the 1862 and 1864 Civil War Battles at 
Newtonia, Missouri;'' (Fryman 1995) and ``Newtonia Battlefields 
and Archeological Survey'' (White Star 1998). Also in 2000, ``A 
Preservation Plan for the Civil War Battlefields of Newtonia, 
Missouri'' was funded by the ABPP and completed by Gray & Pape, 
Inc.
    That concludes my testimony. I would be happy to answer any 
questions you or other members of the subcommittee may have.


                        CHANGES IN EXISTING LAW


    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee notes that no 
changes in existing law are made by the Act H.R. 376, as 
ordered reported.

                                  
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