[House Report 113-280]
[From the U.S. Government Publishing Office]


113th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    113-280

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 TO DIRECT THE SECRETARY OF THE INTERIOR TO CONDUCT A SPECIAL RESOURCE 
  STUDY TO EVALUATE THE SIGNIFICANCE OF THE MILL SPRINGS BATTLEFIELD 
LOCATED IN PULASKI AND WAYNE COUNTIES, KENTUCKY, AND THE FEASIBILITY OF 
   ITS INCLUSION IN THE NATIONAL PARK SYSTEM, AND FOR OTHER PURPOSES

                                _______
                                

December 2, 2013.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Hastings of Washington, from the Committee on Natural Resources, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 298]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 298) to direct the Secretary of the Interior to 
conduct a special resource study to evaluate the significance 
of the Mill Springs Battlefield located in Pulaski and Wayne 
Counties, Kentucky, and the feasibility of its inclusion in the 
National Park System, 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. BATTLE OF MILL SPRINGS STUDY.

  (a) Findings.--Congress finds as follows:
          (1) In 1994, the Mills Springs Battlefield in Pulaski and 
        Wayne Counties in Kentucky was designated as a National 
        Historic Landmark by the Department of the Interior.
          (2) The Battle of Mill Springs was the first significant 
        Union victory in the western theater of the Civil War.
          (3) The outcome of the Battle of Mill Springs, along with 
        Union victories at Fort Henry and Fort Donelson paved the way 
        for a major battle at Shiloh, Tennessee.
          (4) In 1991, the National Park Service placed the Mill 
        Springs Battlefield on a list of endangered battlefields, 
        noting the impact of this battle to the course of the Civil 
        War.
          (5) In 1992, the Mill Springs Battlefield Association formed, 
        and utilizing Federal, State, and local support has managed to 
        preserve important tracts of the battlefield, construct an 
        interactive visitor center, and educate the public about this 
        historic event.
          (6) There is strong community interest in incorporating the 
        Mill Springs Battlefield into the National Park Service.
          (7) The Mill Springs Battlefield Association has expressed 
        its desire to give the preserved battlefield as a gift to the 
        United States.
  (b) Definitions.--For purposes of this Act:
          (1) Mill springs battlefield.--The term ``Mill Springs 
        Battlefield'' means the area encompassed by the National 
        Historic Landmark designations relating to the 1862 Battle of 
        Mill Springs located in the counties of Pulaski and Wayne in 
        Kentucky.
          (2) Secretary.--The term ``Secretary'' means the Secretary of 
        the Interior.
  (c) Study.--Not later than 3 years from the date funds are made 
available, the Secretary shall conduct a special resource study to 
evaluate the significance of the Mill Springs Battlefield in Kentucky, 
and the feasibility of its inclusion in the National Park System.
  (d) Criteria for Study.--The Secretary shall conduct the study 
authorized by this Act in accordance with 8(b) of Public Law 91-383 (16 
U.S.C. 1a-5(b)).
  (e) Content of Study.--The study shall include an analysis of the 
following:
          (1) The significance of the Battle of Mill Springs to the 
        outcome of the Civil War.
          (2) Opportunities for public education about the Civil War in 
        Kentucky.
          (3) Operational issues that should be considered if the 
        National Park System were to incorporate the Mill Springs 
        Battlefield.
          (4) The feasibility of administering the Mill Springs 
        Battlefield considering its size, configuration, and other 
        factors, to include an annual cost estimate.
          (5) The economic, educational, and other impacts the 
        inclusion of Mill Springs Battlefield into the National Park 
        System would have on the surrounding communities in Pulaski and 
        Wayne Counties.
          (6) The effect of the designation of the Mill Springs 
        Battlefield as a unit of the National Park System on--
                  (A) existing commercial and recreational activities, 
                including by not limited to hunting, fishing, and 
                recreational shooting, and on the authorization, 
                construction, operation, maintenance, or improvement of 
                energy production and transmission infrastructure; and
                  (B) the authority of State and local governments to 
                manage those activities.
          (7) The identification of any authorities, including 
        condemnation, that will compel or permit the Secretary to 
        influence or participate in local land use decisions (such as 
        zoning) or place restrictions on non-Federal lands if the Mill 
        Springs Battlefield is designated a unit of the National Park 
        System.
  (f) Notification of Private Property Owners.--Upon commencement of 
the study, owners of private property adjacent to the battlefield will 
be notified of the study's commencement and scope.
  (g) Submission of Report.--Upon completion of the study, the 
Secretary shall submit a report on the findings of the study to the 
Committee on Natural Resources of the House of Representatives and to 
the Committee on Energy and Natural Resources of the Senate.

                          PURPOSE OF THE BILL

    The purpose of H.R. 298 is to direct the Secretary of the 
Interior to conduct a special resource study to evaluate the 
significance of the Mill Springs Battlefield located in Pulaski 
and Wayne Counties, Kentucky, and the feasibility of its 
inclusion in the National Park System.

                  BACKGROUND AND NEED FOR LEGISLATION

    H.R. 298 directs the Secretary of the Interior to conduct a 
special resource study to evaluate the significance of the Mill 
Springs Battlefield in Kentucky, and the feasibility of its 
inclusion into the National Park System. The 1862 Battle of 
Mill Springs was the first significant Union victory in the 
western theater of the Civil War and along with Union victories 
at Fort Henry and Fort Donelson, paved the way for a major 
battle at Shiloh, Tennessee. Although Mill Springs Battlefield 
was designated a National Historical Landmark, this study would 
provide a determination whether it should be part of the 
National Park System.
    As amended by the Natural Resources Committee, the 
legislation includes clear guidance that in the course of the 
study, the National Park Service (NPS) must consider the impact 
of a designation on important commercial and recreational 
activities. The Committee is aware of examples where Park 
boundaries are exploited to prohibit activities that could 
benefit communities. The NPS must document the effect a 
designation could have on such things as energy transmission, 
or even hunting and fishing.
    H.R. 298 also requires NPS to identify those authorities 
that allow condemnation of private property, or participation 
in local matters such as zoning. It is appropriate that 
communities are aware of the complications that accompany NPS 
as their neighbor.

                            COMMITTEE ACTION

    H.R. 298 was introduced on January 15, 2013, by Congressman 
Harold Rogers (R-KY). The bill was referred to the Committee on 
Natural Resources, and within the Committee to the Subcommittee 
on Public Lands and Environmental Regulation. On October 3, 
2013, the Subcommittee held a hearing on the bill. On October 
30, 2013, the Natural Resources Committee met to consider the 
bill. The Subcommittee on Public Lands and Environmental 
Regulation was discharged by unanimous consent. Congressman Rob 
Bishop (R-UT) offered an amendment designated #1 to the bill; 
the amendment was adopted by unanimous consent. No further 
amendments were offered and the bill, as amended, was then 
adopted and 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 Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. Cost of Legislation. Clause 3(d)(1) 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)(2)(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. 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:

H.R. 298--A bill to direct the Secretary of the Interior to conduct a 
        special resource study to evaluate the significance of the Mill 
        Springs Battlefield located in Pulaski and Wayne Counties, 
        Kentucky, and the feasibility of its inclusion in the National 
        Park System, and for other purposes

    H.R. 298 would direct the Secretary of the Interior to 
conduct a study of the Mill Springs Battlefield in Kentucky to 
evaluate the national significance of the site and to determine 
the feasibility of designating the site as a unit of the 
National Park System. Based on information provided by the 
National Park Service and assuming the availability of 
appropriated funds, CBO estimates that conducting the study 
would cost about $250,000 over the next three years. Enacting 
H.R. 298 would not affect direct spending or revenues; 
therefore, pay-as-you-go procedures do not apply.
    H.R. 298 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would not affect the budgets of state, local, or tribal 
governments.
    The CBO staff contact for this estimate is Martin von 
Gnechten. The estimate was approved by Theresa Gullo, Deputy 
Assistant Director for Budget Analysis.
    2. Section 308(a) of 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. Based on 
information provided by the National Park Service and assuming 
the availability of appropriated funds, CBO estimates that 
conducting the study would cost about $250,000 over the next 
three years.
    3. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to direct the Secretary of the 
Interior to conduct a special resource study to evaluate the 
significance of the Mill Springs Battlefield located in Pulaski 
and Wayne Counties, Kentucky, and the feasibility of its 
inclusion in the National Park System.

                           EARMARK STATEMENT

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                       COMPLIANCE WITH H. RES. 5

    Directed Rule Making. The Chairman does not believe that 
this bill directs any executive branch official to conduct any 
specific rule-making proceedings.
    Duplication of Existing Programs. This bill does not 
establish or reauthorize a program of the federal government 
known to be duplicative of another program. Such program was 
not included in any report from the Government Accountability 
Office to Congress pursuant to section 21 of Public Law 111-139 
or identified in the most recent Catalog of Federal Domestic 
Assistance published pursuant to the Federal Program 
Information Act (Public Law 95-220, as amended by Public Law 
98-169) as relating to other programs.

                PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

    This bill is not intended to preempt any State, local or 
tribal law.

                        CHANGES IN EXISTING LAW

    If enacted, this bill would make no changes in existing 
law.

                                  
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