[Senate Report 115-295]
[From the U.S. Government Publishing Office]
Calendar No. 509
115th Congress } { Report
SENATE
2d Session } { 115-295
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FORT SUMTER AND FORT MOULTRIE NATIONAL HISTORICAL PARK ACT OF 2018
_______
July 11, 2018.--Ordered to be printed
_______
Ms. Murkowski, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 1459]
[Including cost estimate of the Congressional Budget Office]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 1459) to establish Fort Sumter and Fort
Moultrie National Historical Park in the State of South
Carolina, and for other purposes, having considered the same,
reports favorably thereon with an amendment in the nature of a
substitute and an amendment to the title and recommends that
the bill, as amended, do pass.
Amendments
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fort Sumter and Fort Moultrie
National Historical Park Act of 2018''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Map.--The term ``map'' means the map entitled ``Boundary
Map, Fort Sumter and Fort Moultrie National Historical Park'',
numbered 392/80,088, and dated August 2009.
(2) Park.--The term ``Park'' means the Fort Sumter and Fort
Moultrie National Historical Park established by section 3(a).
(3) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(4) State.--The term ``State'' means the State of South
Carolina.
(5) Sullivan's island life saving station historic
district.--The term ``Sullivan's Island Life Saving Station
Historic District'' means the Charleston Lighthouse, the
boathouse, garage, bunker/sighting station, signal tower, and
any associated land and improvements to the land that are
located between Sullivan's Island Life Saving Station and the
mean low water mark.
SEC. 3. FORT SUMTER AND FORT MOULTRIE NATIONAL HISTORICAL PARK.
(a) Establishment.--There is established the Fort Sumter and Fort
Moultrie National Historical Park in the State as a single unit of the
National Park System to preserve, maintain, and interpret the
nationally significant historical values and cultural resources
associated with Fort Sumter National Monument, Fort Moultrie National
Monument, and the Sullivan's Island Life Saving Station Historic
District.
(b) Boundary.--The boundary of the Park shall be as generally
depicted on the map.
(c) Availability of Map.--The map shall be on file and available
for public inspection in the appropriate offices of the National Park
Service.
(d) Administration.--
(1) In general.--The Secretary, acting through the Director
of the National Park Service, shall administer the Park in
accordance with this Act and the laws generally applicable to
units of the National Park System, including--
(A) section 100101(a), chapter 1003, and sections
100751(a), 100752, 100753, and 102101 of title 54,
United States Code; and
(B) chapter 3201 of title 54, United States Code.
(2) Interpretation of historical events.--The Secretary shall
provide for the interpretation of historical events and
activities that occurred in the vicinity of Fort Sumter and
Fort Moultrie, including--
(A) the Battle of Sullivan's Island on June 28, 1776;
(B) the Siege of Charleston during 1780;
(C) the Civil War, including--
(i) the bombardment of Fort Sumter by
Confederate forces on April 12, 1861; and
(ii) any other events of the Civil War that
are associated with Fort Sumter and Fort
Moultrie;
(D) the development of the coastal defense system of
the United States during the period from the
Revolutionary War to World War II, including--
(i) the Sullivan's Island Life Saving
Station;
(ii) the lighthouse associated with the
Sullivan's Island Life Saving Station; and
(iii) the coastal defense sites constructed
during the period of fortification construction
from 1898 to 1942, known as the ``Endicott
Period''; and
(E) the lives of--
(i) the free and enslaved workers who built
and maintained Fort Sumter and Fort Moultrie;
(ii) the soldiers who defended the forts;
(iii) the prisoners held at the forts; and
(iv) captive Africans bound for slavery who,
after first landing in the United States, were
brought to quarantine houses in the vicinity of
Fort Moultrie in the 18th century, if the
Secretary determines that the quarantine houses
and associated historical values are nationally
significant.
(e) Cooperative Agreements.--The Secretary may enter into
cooperative agreements with public and private entities and individuals
to carry out this Act.
SEC. 4. REPEAL OF EXISTING LAW.
Section 2 of the Joint Resolution entitled ``Joint Resolution to
establish the Fort Sumter National Monument in the State of South
Carolina'', approved April 28, 1948 (16 U.S.C. 450ee-1), is repealed.
Amend the title so as to read: ``A bill to establish Fort Sumter
and Fort Moultrie National Historical Park in the State of South
Carolina, and for other purposes.''
Purpose
The purpose of S. 1459 is to establish Fort Sumter and Fort
Moultrie National Historical Park in the State of South Carolina.
Background and Need
Fort Sumter National Monument was established by Congress
on April 28, 1948 (Public Law 80-504), in legislation that
transferred the land from what was then the Department of the
Army to the National Park Service (NPS). Fort Sumter is located
on an island and is accessible only by boat. Approximately one
mile to the northeast of Fort Sumter is Fort Moultrie, which is
situated on Sullivan's Island, and is connected to the mainland
by a bridge over the Intracoastal Waterway.
In 1960, the NPS accepted jurisdiction of Fort Moultrie
under the authority of the Historic Sites Act of 1935 (Public
Law 74-292). The NPS accepted additional lands within the
monument boundary, including lands available for a tour boat
facility, in 1986 (Public Law 99-637). The traditional park
boundary also includes the Historic Coast Guard Station, which
is located nearly a mile east of Fort Moultrie, and contains
the park's maintenance and visitor's center. In total, the
boundary of the park includes approximately 200 acres of land.
Fort Moultrie
On June 28, 1776, South Carolina Patriots defeated the
British Royal Navy in the Battle of Sullivan's Island after a
long and hard-fought encounter at the site known today as Fort
Moultrie. This Patriot victory marked a key point in the
American Revolutionary War, as it was the site of the first
major American naval victory in the war. It is now celebrated
annually as Carolina Day. Fort Moultrie also served as a
``companion'' in the Confederate defense of Charleston and Fort
Sumter during the Civil War.
Fort Sumter
Each year, nearly one million visitors travel to Fort
Sumter National Monument and Fort Moultrie to see where the
first shots of the Civil War were fired on April 12, 1861.
Construction of Fort Sumter began in 1829 as part of
congressional plans to construct 34 forts from Maine to
Louisiana in areas considered to be weak in the American
coastal defense system. Decades of growing strife between
northern and southern states ultimately erupted on April 12,
1861, when Confederate artillery opened fire on this Federal
fort in Charleston Harbor. Fort Sumter surrendered 34 hours
later. Union forces would try for nearly four years to take it
back. The United States flag once again flew over Fort Sumter
on February 18, 1865.
S. 1459 establishes the Fort Sumter and Fort Moultrie
National Historical Park in South Carolina for the preservation
and interpretation of the nationally significant historical
events and cultural resources associated with Fort Sumter, Fort
Moultrie, and Sullivan's Island Life Saving Historic District.
The bill would establish official boundaries and directs the
NPS to interpret historical events and activities that occurred
in the vicinity of Fort Sumter and Fort Moultrie.
Legislative History
Senators Scott and Graham introduced S. 1459 on June 28,
2017. The Subcommittee on National Parks held a hearing on S.
1459 on July 19, 2017.
On June 28, 2017, Rep. Sanford introduced similar
legislation, H.R. 3099, in the House of Representatives, which
was referred to the Committee on Natural Resources.
In the 114th Congress, similar legislation, S. 3103, was
introduced by Senator Scott on June 28, 2016.
On May 17, 2018, the Committee on Energy and Natural
Resources met in open business session and ordered S. 1459
favorably reported, as amended.
Committee Recommendation
The Senate Committee on Energy and Natural Resources, in
open business session on May 17, 2018, by a majority voice vote
of a quorum present recommends that the Senate pass S. 1459, if
amended as described herein.
Committee Amendments
During its consideration of S. 1459, the Committee adopted
an amendment in the nature of a substitute. The amendment
strikes the bill's findings, directs the National Historical
Park to be managed as a single unit of the National Park
System, and provides clear guidelines for interpretation of the
existing lands managed by the NPS. The amendment is explained
in detail in the section-by-section analysis, below.
The Committee also adopted an amendment to the title to
clarify that the bill, as ordered reported, establishes a
National Historical Park, rather than a National Park.
Section-by-Section Analysis
Section 1. Short title
Section 1 contains the short title.
Section 2. Definitions
Section 2 contains definitions.
Section 3. Fort Sumter and Fort Moultrie National Historical Park
Subsection (a) establishes Fort Sumter and Fort Moultrie
National Historical Park in the State of South Carolina as a
single unit of the National Park System to preserve, maintain,
and interpret the nationally significant historical values and
cultural resources associated with Fort Sumter National
Monument, Fort Moultrie National Monument, and the Sullivan's
Island Life Saving Station Historic District.
Subsection (b) establishes the boundary of the park as
generally depicted on the map entitled ``Boundary Map, Fort
Sumter and Fort Moultrie National Historical Park,'' numbered
392/80,088, and dated August 2009.
Subsection (c) requires the map to be on file and available
for public inspection in the appropriate offices of the NPS.
Subsection (d)(1) requires the Secretary, acting through
the NPS Director, to administer the Park in accordance with
this Act and the laws generally applicable to units of the
National Park System.
Subsection (d)(2) directs the Secretary to provide for the
interpretation of historical events and activities that
occurred in the vicinity of Fort Sumter and Fort Moultrie.
Subsection (e) authorizes the Secretary to enter into
cooperative agreements with public and private entities and
individuals to carry out this Act.
Section 4. Repeal of existing law
Section 4 repeals Section 2 of the Joint Resolution
entitled, ``Joint Resolution to establish the Fort Sumter
National Monument in the State of South Carolina,'' approved
April 28, 1948 (16 U.S.C. 450ee-1).
Cost and Budgetary Considerations
The following estimate of the costs of this measure has
been provided by the Congressional Budget Office:
S. 1459 would redesignate the Fort Sumter National Monument
in South Carolina, an existing unit of the National Park
Service (NPS) system, as the Fort Sumter and Fort Moultrie
National Historical Park. The bill also would codify the
existing boundaries of the system unit.
Redesignating the site may require NPS to update maps,
handouts, and signage. Based on the costs of similar tasks, CBO
estimates that those costs would be insignificant and would be
subject to the availability of appropriated funds.
Enacting S. 1459 would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply.
CBO estimates that enacting S. 1459 would not increase net
direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2029.
S. 1459 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act.
The CBO staff contact for this estimate is Janani
Shankaran. The estimate was reviewed by H. Samuel Papenfuss,
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. 1459. 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. 1459, as ordered reported.
Congressional Directed Spending
S. 1459, as ordered reported, does not contain any
congressionally directed spending items, limited tax benefits,
or limited tariff benefits as defined in rule XLIV of the
Standing Rules of the Senate.
Executive Communications
The testimony provided by the Department of the Interior at
the hearing before the Subcommittee on National Parks on July
19, 2017, follows:
Statement of Robert Vogel, Acting Deputy Director, National Park
Service, U.S. Department of the Interior, Before the Senate Energy &
Natural Resources Subcommittee on National Parks, Concerning S. 1459,
To Establish Fort Sumter and Fort Moultrie National Park in the State
of South Carolina, and for Other Purposes
Chairman Daines, Ranking Member Hirono, and members of the
subcommittee, thank you for the opportunity to appear before
you today to present the Department of the Interior's views on
S. 1459, to establish Fort Sumter and Fort Moultrie National
Park in the State of South Carolina, and for other purposes.
The Department of the Interior supports this legislation
with amendments described later in this statement. Notably, and
as discussed in more detail below, we recommend using the name
``Fort Sumter and Fort Moultrie National Historical Park.''
S. 1459 would redesignate Fort Sumter in a way that would
provide well deserved recognition of Fort Moultrie. Although
Fort Sumter is the more commonly recognized fort in Charleston
Harbor, Fort Moultrie is of great national importance as it is
the only site in the National Park System that preserves the
history of the Nation's coastal defense system from 1776
through 1947. The bill would also address a longstanding
administrative need by officially establishing a boundary and
management authority for this unit of the National Park System.
The boundary would include not only Fort Sumter and Fort
Moultrie, but also the Sullivan's Island Life Saving Station
Historic District, which is also managed by the National Park
Service as part of the park. These resources are associated
with important aspects of American history, including the
Revolutionary War, the Civil War, and the development of the
United States coastal defense system from 1776 to 1947.
Fort Moultrie interprets coastal fortifications and defense
from 1776 to 1947, focusing on the national response to
continuing changes in international military technology and the
simultaneous growth of the United States' place in world
affairs and its concepts of national defense. Located adjacent
to historic Fort Moultrie, Battery Jasper, constructed circa
1899, is part of the Endicott Period System of national coastal
defense. Located adjacent to Battery Jasper, Construction 230,
constructed circa 1944, is an underground bunker from the World
War II era.
Fort Sumter was designated as a national monument and
transferred to the Secretary of the Interior from the Secretary
of the Army in 1948, by an act of Congress. Authority to
administer the site as part of the National Park System was
provided in the same law. In contrast, Fort Moultrie, Battery
Jasper, Construction 230 (a WWII bunker currently used as a
maintenance facility), and the U.S. Coast Guard Life Saving
Station were conveyed from the State of South Carolina to the
Federal government in 1961 under authority of the 1935 Historic
Sites Act, but no boundaries were established and no directives
were given to the National Park Service for managing it. At the
time of the conveyance, the Secretary of the Interior did not
issue the proper papers to formally include this property
within the park boundary. These three structures are listed as
contributing features of a National Register Property. As a
result, the National Park Service has been managing Fort
Moultrie without clear management authority or established
boundaries for nearly 60 years.
Although we would welcome including ``Fort Moultrie'' in
the name of the site, the National Park Service strives to
provide consistency in the naming of park units. To better
align with the standard nomenclature for units of the National
Park System, we recommend that Congress redesignate the unit as
a national historical park rather than a national park.
Generally, a national park contains a variety of resources and
encompasses large land or water areas to help provide adequate
protection of the resources.
The existing 59 designated national parks protect, at a
minimum, thousands of acres each and some span millions of
acres. At approximately 235 acres, we believe Fort Sumter and
Fort Moultrie are too small and limited in the range of
resources the sites protect and interpret to be called a
national park. We believe that a more fitting name for the park
unit would be ``Fort Sumter and Fort Moultrie National
Historical Park.''
Additionally, the National Park Service would support the
inclusion of language providing the Secretary of the Interior
with land acquisition authority within the redesignated
boundary of the park. Such authority to acquire lands is common
in other national park service units and provides willing
sellers of non-federal land within the boundary the opportunity
to sell or donate their lands to the federal government. Such
an arrangement benefits both the private landowner, who may be
interested in selling or donating the land for financial
reasons or an interest in furthering the park's ability to tell
its story to the public, as well as the park and its visitors.
Although the owners of private land within the park's boundary
may not have any interest in selling their land at the current
time, this authority provides them with the flexibility to make
that decision in the future if circumstances change. Before the
NPS would seek to acquire any property, whether by purchase,
donation, or exchange, we would take into consideration the
condition of any structures on the property that would add to
the NPS's deferred maintenance backlog. Any funding to purchase
land would still be subject to future appropriations from
Congress.
Finally, we would request a technical edit to the map
reference, in order to substitute a more upto-date legislative
map. We would be happy to work with the sponsor and the
committee to develop amendments to address these points.
Chairman Daines, this concludes my statement. I would be
pleased 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, changes in existing law made by
the bill, as 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):
JOINT RESOLUTION
To establish the Fort Sumter National Monument in the State of South
Carolina.
(Public Law 80-504)
* * * * * * *
Resolved by the Senate and House of Representatives of the
United States of America in Congress assembled, That the
Secretary of the Army is authorized and directed to transfer,
without consideration, to the Secretary of the Interior title
to the site of the historic structure known as Fort Sumter,
situated in Charleston Harbor, Charleston, South Carolina,
together with such buildings and other improvements as are
appurtenant to such site.
[Sec. 2. The property acquired by the Secretary of the
Interior under this joint resolution shall constitute the Fort
Sumter National Monument and shall be a public national
memorial commemorating historical events at or near Fort
Sumter. The Director of the National Park Service under the
direction of the Secretary of the Interior shall have the
supervision, management, and control of such national monument,
and shall maintain and preserve it for the benefit and
enjoyment of the people of the United States, subject to the
provisions of the Act entitled ``An Act to establish a National
Park Service and for other purposes'', approved August 25,
1916, as amended.] Approved April 28, 1948.
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