[Senate Report 115-37]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 51
115th Congress    }                                      {      Report
                                 SENATE
 1st Session      }                                      {      115-37

======================================================================



 
      FORT SCOTT NATIONAL HISTORIC SITE BOUNDARY MODIFICATION ACT

                                _______
                                

                  May 3, 2017.--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. 189]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 189) to modify the boundary of the Fort 
Scott National Historic Site in the State of Kansas, and for 
other purposes, having considered the same, reports favorably 
thereon with an amendment in the nature of a substitute and 
recommends that the bill, as amended, do pass.
    The amendment is as follows:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fort Scott National Historic Site 
Boundary Modification Act''.

SEC. 2. FORT SCOTT NATIONAL HISTORIC SITE.

    (a) In General.--Public Law 95-484 (92 Stat. 1610) is amended--
          (1) in the first section--
                  (A) by inserting ``, by purchase with appropriated 
                funds, or by exchange'' after ``donation''; and
                  (B) by striking the proviso; and
          (2) in section 2--
                  (A) by striking ``sec. 2. When'' and inserting the 
                following:

``SEC. 2. ESTABLISHMENT.

    ``(a) In General.--When''; and
          (B) by adding at the end the following:
    ``(b) Boundary Modification.--The boundary of the Fort Scott 
National Historic Site established under subsection (a) is modified as 
generally depicted on the map referred to as `Fort Scott National 
Historic Site Proposed Boundary Modification', numbered 471/80,057, and 
dated February 2016.''.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out the amendments 
made by subsection (a).

                                Purpose

    The purpose of S. 189 is to modify the boundary of the Fort 
Scott National Historic Site in the State of Kansas.

                          Background and Need

    Fort Scott was established by the U.S. Army in 1842. Today 
it is an integral part of Kansas' and the nation's history as a 
contributing factor to the ``Bleeding Kansas'' slavery fights, 
the Civil War, railroad expansion, and the westward settlement 
of the United States.
    S. 189 would modify the site's boundaries to include four 
individual tracts--three to be acquired through future purchase 
and one through donation to the National Park Service. The 
private landowners whose land would be included in the boundary 
modification are fully supportive of the proposed boundary 
expansion.
    The parcels would afford much needed improvements for the 
historic site, including the addition of an appropriate 
maintenance facility and emergency shelter for providing public 
and employee safety in the event of natural disasters. The 
modifications also would allow for direct access and egress for 
employees and visitors to the highway, enrich the quality of 
visitors' experiences through an efficient visitor contact 
station, and allow for the care of the Lunette Blair Civil War 
Block House, which is the sole remaining Civil War-era 
structure of the four original lunette fortifications in Fort 
Scott.

                          Legislative History

    Senator Moran introduced S. 189 on January 23, 2017.
    In the 114th Congress, Senator Moran introduced a similar 
measure, S. 2087, on September 28, 2015. The Subcommittee on 
National Parks held a hearing on the bill on June 15, 2016. The 
Committee on Energy and Natural Resources met in open business 
session on July 13, 2016, and ordered S. 2087 favorably 
reported as amended.
    In the 115th Congress, a related bill, H.R. 1541, was 
introduced in the House of Representatives by Representative 
Jenkins on March 15, 2017.
    The Committee on Energy and Natural Resources met in open 
business session on March 30, 2017, and ordered S. 189 
favorably reported as amended.

                        Committee Recommendation

    The Senate Committee on Energy and Natural Resources, in an 
open business session on March 30, 2017, by a majority voice 
vote of a quorum present, recommends that the Senate pass S. 
189, if amended as described herein.

                          Committee Amendment

    During its consideration of S. 189, the Committee adopted 
an amendment in the nature of a substitute to conform the 
language with S. 2087, the version reported by the Committee in 
the 114th Congress, and to authorize acquisition of the parcels 
by exchange. The amendment is further described in the section-
by-section analysis.

                      Section-by-Section Analysis


Section 1. Short title

    Section 1 provides the short title.

Section 2. Fort Scott National Historic Site

    Section 2 authorizes the acquisition of lands within the 
boundary of the Fort Scott National Historic Site by purchase 
with appropriated funds, donation, or exchange. Additionally, 
section 2 modifies the boundary of the Fort Scott National 
Historic Site in accordance with the referenced map and 
authorizes such sums as may be necessary to acquire the needed 
land.

                   Cost and Budgetary Considerations

    The following estimate of the costs of this measure has 
been provided by the Congressional Budget Office:
    S. 189 would authorize the National Park Service (NPS) to 
acquire the Civil War-era structure known as the ``Lunette 
Blair'' blockhouse and to incorporate the structure into the 
Fort Scott National Historic Site in Bourbon County, Kansas. 
The bill also would authorize the NPS to acquire, by purchase 
using appropriated funds or by a land exchange, approximately 4 
acres of private land, including facilities, adjacent to the 
historic site and would modify the boundary of the site to 
include those properties. (Under current law, the NPS may only 
acquire such properties by donation.)
    Based on an analysis of information provided by the NPS, 
CBO expects that the agency would likely acquire the blockhouse 
by donation and that the 4 acres of property would cost about 
$600,000. Once acquired, the NPS would incur costs to repair 
and maintain the properties and associated facilities. Based on 
information provided by the NPS about the costs for operating 
venues of comparable size, CBO estimates that the agency would 
spend about $250,000 annually on maintenance and operating 
costs for the site. In total, CBO estimates that implementing 
the legislation would cost about $2 million over the 2018-2022 
period and an additional $250,000 annually thereafter; that 
spending would be subject to the availability of appropriated 
funds.
    Enacting S. 189 would not affect direct spending or 
revenues; therefore, pay-as-you-go procedures do not apply. CBO 
estimates that enacting S. 189 would not increase net direct 
spending or on-budget deficits in any of the four consecutive 
10-year periods beginning in 2028.
    S. 189 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 contact for this estimate is Jon Sperl. The 
estimate was approved 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. 189. 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. 189, as ordered reported.

                   Congressionally Directed Spending

    S. 189, 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

    Because S. 189 is similar to legislation considered by the 
Committee in the 114th Congress, the Committee did not request 
Executive Agency views. The testimony provided by the 
Department of the Interior at a hearing before the Subcommittee 
on National Parks on June 15, 2016, follows:

   Statement of Dr. Stephanie Toothman, Associate Director Cultural 
   Resources, Partnerships, and Science, National Park Service, U.S. 
                       Department of the Interior

    Mr. Chairman and members of the Subcommittee, thank you for 
the opportunity to present the views of the Department of the 
Interior on S. 2087, a bill to modify the boundary of Fort 
Scott National Historic Site in the State of Kansas, and for 
other purposes.
    The Department supports S. 2087 with a proposed amendment 
to substitute an updated map.
    This bill would amend P.L. 95-484, the establishing 
legislation for Fort Scott, to modify the boundary to include 
four parcels totaling approximately 3.81 acres of land and to 
authorize the Secretary to acquire properties by purchase with 
appropriated funds as well as donation.
    Fort Scott was designated a National Historic Landmark in 
1964. On October 19, 1972, Fort Scott was authorized as a unit 
of the National Park Service ``to commemorate the significant 
role played by Fort Scott in the opening of the West, as well 
as the Civil War and strife in the State of Kansas that 
preceded it.'' The historic site is currently 16.69 acres, but 
it does not include four significant parcels adjacent to or on 
or near the boundary of the park. The four properties are 
identified as the Westar property, the Cummings property, the 
Chamber of Commerce property, and the Lunette Blair Blockhouse.
    The Westar property is 2.87 acres located adjacent to the 
western boundary of the park where the first civilian merchants 
in the area sold supplies to soldiers, Indians, tradespeople, 
travelers, and farmers. The Westar property also includes part 
of the historical landscape associated with the Civil War, 
including entrenchments and fortification structures that 
surrounded the fort. It is also the site associated with two of 
the earliest African-American neighborhoods in Fort Scott, both 
during and after the Civil War. These African-American families 
and refugees escaped from Indian Territory and followed the 
Union Army to Fort Scott. They rented or owned houses on the 
present-day Westar property, one of which was occupied by an 
African-American Civil War veteran with the 2nd Kansas Colored 
Infantry who lived on his property until the 1920s.
    The Westar property includes an 18,940 square-foot brick 
structure of various elevations and storage spaces. The 
building has administrative and visitor services potential and 
could be utilized as an educational, orientation center or as 
exhibit/museum space that is accessible since this would be the 
only on-grade building in the boundary. Additionally, this 
brick building could improve public safety since it would be 
the only appropriate space in the park for providing visitor 
and employee safety in the event of a natural disaster such as 
a tornado or a severe thunderstorm.
    The Lunette Blair Blockhouse is located near the park 
boundary. It is the last remaining Civil War-era military 
structure, built to defend the town of Fort Scott and its 
robust military supply depot from Confederate attack. For more 
than 50 years, the blockhouse has been maintained and preserved 
through a public-private partnership between the City of Fort 
Scott and local individuals and organizations. The president of 
the organization approached the park to donate the property 
because the members were no longer physically or financially 
able to continue their preservation efforts. No other 
organization has shown interest in preserving the Blockhouse. 
Without regular maintenance, this structure will continue to 
deteriorate and the opportunity for visitors to experience the 
epic stories of those who fought for freedom and the Union from 
1861 to 1865 will be lost.
    The Cummings property is 0.73 acres adjacent to the park's 
eastern boundary and separates the historic site from U.S. 
Highway 69. This parcel would provide visitors with more direct 
access to the park. The owners have expressed interest in 
selling their property. The site includes a 13,159 square-foot 
building on the property suitable for administrative purposes.
    The Chamber of Commerce property consists of 0.24 acres 
adjacent to the park's eastern boundary. The site currently 
houses the chamber offices. The building is bordered by the 
park on three sides, and including this property would allow 
for a continuous boundary. The Chamber of Commerce would 
continue the use of this building for the foreseeable future.
    The estimated cost of acquisition for the Cummings property 
is approximately $147,500 and the estimated cost for 
acquisition of the Westar Property is $350,000. The Lunette 
Blair Blockhouse would be acquired through donation. The 
additional facilities and properties will increase park 
operational and maintenance costs, but the amount will depend 
on the number of facilities acquired and their condition. 
Additional funds for maintenance, repairs and capital 
improvements would be awarded through the NPS competitive 
process, subject to service-wide priorities and the 
availability of appropriations.
    Support for the boundary modification has been expressed by 
various community organizations and community members, 
including the City of Fort Scott, the Bourbon County Economic 
Development Association, the Bourbon County Commissioners, the 
Bourbon County Riverfront Authority, the Bourbon County Chamber 
of Commerce, and the Friends of Fort Scott NHS, Inc.
    The Department requests an amendment to substitute an 
updated map. The map referenced in the bill includes a parcel 
we do not want be included in the expansion.
    Mr. Chairman, this 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, changes in existing law made by 
the original 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):

PUBLIC LAW 95-484

           *       *       *       *       *       *       *


    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That, in 
order to commemorate the significant role played by Fort Scott 
in the opening of the West, as well as the Civil War and the 
strife in the State of Kansas that preceded it, the Secretary 
of the Interior may acquire by donation, by purchase with 
appropriated funds, or by exchange the land and interests in 
land, together with buildings and improvements thereon, known 
as Fort Scott, located in the city of Fort Scott, Bourbon 
County, Kansas[: Provided, that the buildings so acquired shall 
not include the structure known as ``Lunette Blair''].
[Sec. 2. When] SEC. 2. ESTABLISHMENT.
    (a) In General.--When the site of Fort Scott has been 
acquired by the United States as provided in section 1 of this 
Act, the Secretary of the Interior shall establish such area as 
the Fort Scott National Historic Site, by publication of notice 
and boundary map thereof in the Federal Register.
    (b) Boundary Modification.--The boundary of the Fort Scott 
National Historic Site established under subsection (a) is 
modified as generally depicted on the map referred to as ``Fort 
Scott National Historic Site Proposed Boundary Modification'', 
numbered 471/80,057, and dated February 2016.

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