[Senate Report 115-378]
[From the U.S. Government Publishing Office]


                                                     Calendar No. 664
115th Congress        }                       {               Report
                                 SENATE
 2d Session           }                       {               115-378

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



 
             MILL SPRINGS BATTLEFIELD NATIONAL MONUMENT ACT

                                _______
                                

               November 26, 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 H.R. 5979]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (H.R. 5979) to establish the Mill Springs 
Battlefield National Monument in the State of Kentucky as a 
unit of the National Park System, 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:
    Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Mill Springs Battlefield National 
Monument Act''.

SEC. 2. DEFINITIONS.

    In this Act:
          (1) Map.--The term ``Map'' means the map entitled ``Mill 
        Springs Battlefield National Monument, Nancy, Kentucky'', 
        numbered 297/145513, and dated June 2018.
          (2) Monument.--The term ``Monument'' means the Mill Springs 
        Battlefield National Monument established by section 3(a)(1).
          (3) Secretary.--The term ``Secretary'' means the Secretary of 
        the Interior, acting through the Director of the National Park 
        Service.

SEC. 3. ESTABLISHMENT OF MILL SPRINGS BATTLEFIELD NATIONAL MONUMENT.

    (a) Establishment.--
          (1) In general.--Subject to paragraph (2), there is 
        established as a unit of the National Park System, the Mill 
        Springs Battlefield National Monument in the State of Kentucky, 
        to preserve, protect, and interpret for the benefit of present 
        and future generations--
                  (A) the nationally significant historic resources of 
                the Mill Springs Battlefield; and
                  (B) the role of the Mill Springs Battlefield in the 
                Civil War.
          (2) Determination by the secretary.--The Monument shall not 
        be established until the date on which the Secretary determines 
        that a sufficient quantity of land or interests in land has 
        been acquired to constitute a manageable park unit.
          (3) Notice.--Not later than 30 days after the date on which 
        the Secretary makes a determination under paragraph (2), the 
        Secretary shall publish in the Federal Register notice of the 
        establishment of the Monument.
          (4) Boundary.--The boundary of the Monument shall be as 
        generally depicted on the Map.
          (5) Availability of map.--The Map shall be on file and 
        available for public inspection in the appropriate offices of 
        the National Park Service.
          (6) Acquisition authority.--The Secretary may only acquire 
        land or an interest in land located within the boundary of the 
        Monument by--
                  (A) donation;
                  (B) purchase from a willing seller with donated or 
                appropriated funds; or
                  (C) exchange.
    (b) Administration.--
          (1) In general.--The Secretary shall administer the Monument 
        in accordance with--
                  (A) this Act; and
                  (B) the laws generally applicable to units of the 
                National Park System, including--
                          (i) section 100101(a), chapter 1003, and 
                        sections 100751(a), 100752, 100753, and 102101 
                        of title 54, United States Code; and
                          (ii) chapter 3201 of title 54, United States 
                        Code.
          (2) Management plan.--
                  (A) In general.--Not later than 3 years after the 
                date on which funds are first made available to prepare 
                a general management plan for the Monument, the 
                Secretary shall prepare the general management plan in 
                accordance with section 100502 of title 54, United 
                States Code.
                  (B) Submission to congress.--On completion of the 
                general management plan, the Secretary shall submit to 
                the Committee on Natural Resources of the House of 
                Representatives and the Committee on Energy and Natural 
                Resources of the Senate the general management plan.
    (c) Private Property Protection.--Nothing in this Act affects the 
land use rights of private property owners within or adjacent to the 
Monument.
    (d) No Buffer Zones.--
          (1) In general.--Nothing in this Act, the establishment of 
        the Monument, or the management of the Monument creates a 
        buffer zone outside the Monument.
          (2) Activity or use outside monument.--The fact that an 
        activity or use can be seen, heard, or detected from within the 
        Monument shall not preclude the conduct of the activity or use 
        outside the Monument.

                                PURPOSE

    The purpose of H.R. 5979 is to establish the Mill Springs 
Battlefield National Monument in the State of Kentucky as a 
unit of the National Park System.

                          BACKGROUND AND NEED

    Fought on January 19, 1862, the Battle of Mill Springs in 
Kentucky was the first significant Civil War victory for the 
Union Army. The Confederate Army attempted a surprise attack on 
the camped Union forces, but a combination of bad weather 
conditions and diligent Union pickets prevented the Confederate 
Army from securing an advantage, bringing about a Union victory 
and the death of prominent Confederate General Zollicoffer. The 
victory at Mill Springs boosted morale within the Union Army 
and helped to break the Confederate defense line across 
Kentucky, key to keeping the State solidly in Union control.
    Today, a non-profit association manages the Mill Springs 
Battlefield, and through its efforts has acquired and preserved 
over 400 acres of battlefield lands via grants and private 
donations. The site features an interpretation of the 
battlefield and a 10,000 square foot visitor's center. However, 
the preservation and educational efforts by volunteers have 
reached beyond association resources, and Mill Springs 
Battlefield has been dubbed one of the top 25 ``most endangered 
battlefields'' by the Department of the Interior.
    In 1993, the Congressionally-established Civil War Site 
Advisory Commission classified Mill Springs as a Class B 
battlefield, which the Commission described as having ``a 
direct, observable impact on the direction, duration, conduct, 
or outcome of the campaign.''
    H.R. 5979 would establish the Mill Springs Battlefield as a 
unit of the National Park System to assure continued protection 
of the battlefield and provide funding for employees and 
interpretive work to increase awareness of the battle's 
historical significance.

                          LEGISLATIVE HISTORY

    H.R. 5979 was introduced in the House of Representatives by 
Representative Rogers on May 25, 2018. The Subcommittee on 
Federal Lands held a hearing on the bill on July 17, 2018. On 
July 23, 2018, H.R. 5979 was reported, as amended, by the 
Committee on Natural Resources (H. Rept. 115-855), and passed 
by voice vote in the House of Representatives.
    Companion legislation, S. 3176, was introduced by Senator 
McConnell on June 28, 2018. The Subcommittee on National Parks 
held a hearing on S. 3176 and H.R. 5979 on August 15, 2018.
    The Committee on Energy and Natural Resources met in open 
business session on October 2, 2018, and ordered H.R. 5979 
favorably reported, as amended.

                        COMMITTEE RECOMMENDATION

    The Senate Committee on Energy and Natural Resources, in 
open business session on October 2, 2018, by a majority voice 
vote of a quorum present, recommends that the Senate pass H.R. 
5979, if amended as described herein.

                          COMMITTEE AMENDMENT

    During its consideration of H.R. 5979, the Committee 
adopted an amendment in the nature of a substitute. The 
substitute amendment updated the definition of the term 
Monument and the private property protection language. The 
substitute amendment also modified the conditions under which 
the Secretary is to establish the Monument, including 
eliminating the requirement for written agreements from 
landowners, requiring a Federal Register notice regarding the 
Monument's establishment, and authorizing the purchase from a 
willing seller with donated or appropriated funds.

                      SECTION-BY-SECTION ANALYSIS

Section 1. Short title

    Section 1 contains the short title.

Section 2. Definitions

    Section 2 contains key definitions.

Section 3. Establishment of Mill Springs Battlefield National Monument

    Subsection (a) establishes the Mill Springs Battlefield 
National Monument in the State of Kentucky as a unit of the 
National Park System to preserve, protect, and interpret for 
the benefit of present and future generations the nationally 
significant historic resources of the Mill Springs Battlefield, 
as well as its role in the Civil War. The Monument shall not be 
established until the Secretary determines that a sufficient 
quantity of land or land interests have been acquired to 
constitute a manageable park unit. Within 30 days of such 
determination, the Secretary is required to publish a Federal 
Register notice regarding the Monument's establishment. This 
subsection also specifies that the Monument's boundary shall be 
as generally depicted on the Map and the Map shall be on file 
and available for public inspection. This subsection further 
states that the Secretary may only acquire land or land 
interests within the Monument's boundary by donation, purchase 
from a willing seller with donated or appropriated funds, or 
exchange.
    Subsection (b) requires the Secretary to administer the 
Monument in accordance with this Act and the laws generally 
applicable to National Park System units. The Secretary is 
directed to prepare a general management plan in accordance 
with applicable law within three years after funds are first 
made available for its preparation and submit the general 
management plan to the House Natural Resources Committee and 
the Senate Energy and Natural Resources Committee upon 
completion.
    Subsection (c) states that nothing in this Act affects the 
land use rights of private property owners within or adjacent 
to the Monument.
    Subsection (d) states that nothing in this Act, the 
establishment of the Monument, or the management of the 
Monument creates a buffer zone outside of the Monument. This 
subsection further makes clear that an activity which can be 
seen, heard, or detected from within the Monument shall not 
preclude the conduct of the activity or use outside of the 
Monument.

                   COST AND BUDGETARY CONSIDERATIONS

    The following estimate of the costs of this measure has 
been provided by the Congressional Budget Office:
    H.R. 5979 would establish the Mill Springs Battlefield 
National Monument in Nancy, Kentucky. Under the bill, the site 
would become a unit of the National Park System and would be 
owned and operated by the National Park Service (NPS). The bill 
would direct the NPS to acquire land for the monument by means 
of donation, purchase using donated funds, or through a land 
exchange. Based on the experience of creating other system 
units, CBO expects that the monument would not be formally 
established for several years.
    Using information from the NPS on the costs of operating 
new system units, CBO estimates that the agency would incur 
about $200,000 annually in administrative costs in the 
monument's early years. The bill also would require the NPS to 
develop a general management plan for the monument. Based on 
the costs of similar projects, CBO estimates that developing 
the plan would cost less than $500,000. In total, CBO estimates 
that implementing H.R. 5979 would cost about $1 million over 
the 2019-2023 period; such spending would be subject to the 
availability of appropriated funds.
    Enacting H.R. 5979 would not affect direct spending or 
revenues; therefore, pay-as-you-go procedures do not apply.
    CBO estimates that enacting H.R. 5979 would not increase 
net direct spending or on budget deficits in any of the four 
consecutive 10-year periods beginning in 2029.
    H.R. 5979 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 H.R. 5979. 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. 5979, as ordered reported.

                        EXECUTIVE COMMUNICATIONS

    The testimony provided by the Department of the Interior at 
the August 15, 2018, hearing on H.R. 5979 follows:

Statement of P. Daniel Smith, Deputy Director, Exercising the Authority 
of the Director, National Park Service, U.S. Department of the Interior

    Chairman Daines, Ranking Member King, and Members of the 
Subcommittee, thank you for the opportunity to provide the 
Department of the Interior's views on S. 3176 and H.R. 5979, 
bills to establish the Mill Springs Battlefield National 
Monument in the State of Kentucky as a unit of the National 
Park System, and for other purposes.
    The Department supports enactment of S. 3176 and H.R. 5979 
with amendments described later in this statement. As a 
nationally significant Civil War site, where the principal 
owner has indicated a desire to donate the battlefield property 
including a visitor center for inclusion in the National Park 
System, the Mill Springs Battlefield represents an exceptional 
opportunity to preserve and interpret for future generations a 
critical chapter in Civil War history.
    S. 3176 and H.R. 5979 would authorize the Secretary of the 
Interior to establish Mill Springs Battlefield National 
Monument as unit of the National Park System after meeting 
specified requirements. The proposed boundary of the monument 
includes land within the Mill Springs National Historic 
Landmark and also visitor and administrative facilities outside 
of the Landmark. The bills include authorities for land 
acquisition and administration that are commonly included in 
legislation establishing a unit of the National Park System.
    The Battle of Mill Springs, Kentucky, on January 19, 1862, 
was the battle that led to the total collapse of the eastern 
portion of the Confederate line designed to protect Kentucky 
and hopefully bring its allegiance to the South. Mill Springs 
is considered to be the first significant Union victory in the 
western theater of the Civil War; it permitted Federal troops 
to carry the war into Middle Tennessee a few weeks later. This 
Union victory, after a long line of defeats, reenergized the 
Northern war interests and directly led to the battles of 
Columbus, Fort Henry and Fort Donelson; the fall of Nashville; 
and battles at Shiloh and Corinth. Kentucky's importance to the 
Union has been demonstrated many ways, most significantly by 
President Abraham Lincoln's famous quote, ``I hope to have God 
on my side, but I must have Kentucky.'' After Mill Springs, the 
Union held control of Kentucky throughout the war.
    Designated a National Historic Landmark in 1994, Mill 
Springs Battlefield was recognized in the 1993 Civil War Sites 
Advisory Commission Report as a Preservation Priority One 
battlefield, indicating it has the characteristics of high 
integrity, significance, and threats that warrant focused 
preservation action. A local non-profit group, the Mill Springs 
Battlefield Association Inc. (Association), was formed in 1992 
to preserve, maintain, and interpret this important 
battlefield. The Association has actively worked with the 
National Park Service American Battlefield Protection Program 
and the nonprofit American Battlefield Trust to secure grants 
to apply towards purchase of battlefield land and to fund 
archeological surveys and additional scholarly research related 
to the battle. Ongoing research has resulted in a better 
understanding of the battle's extent and the historic resources 
found at Mill Springs, which is reflected in the updated 
National Register of Historic Places documentation completed in 
2009 for the battlefield and associated Civil War era sites. 
The Association's visitor center, which opened in 2006, 
includes a reference library and community room; it offers a 
variety of educational programs to generate public 
understanding of the significance of the site.
    The National Park Service is in the final stages of 
preparing a Congressionally authorized special resource study 
on Mill Springs Battlefield. Strong local support for including 
the site in the National Park System has been indicated through 
public meetings and comments. The Mill Springs Battlefield 
Association, a major landowner within the proposed boundary, is 
prepared to donate its holdings for inclusion in the new unit. 
All funding for the unit would be subject to National Park 
Service priorities and the availability of appropriations.
    The Department recommends that S. 3176 and H.R. 5979 be 
amended in the following ways:
    First, both bills provide land acquisition authority by 
means of donation, purchase with donated funds, or exchange. 
The Department recommends amending the bills to also include 
the authority to purchase lands with appropriated funds. Such 
authority is common for other National Park Service units. That 
authority would allow the owners of private property within the 
boundary the opportunity to sell their lands to the Federal 
government. Even if the owners are not interested in selling 
their land at the current time, this authority provides the 
flexibility for them to make that decision in the future if 
circumstances change. Before the National Park Service would 
seek to acquire any property, whether by purchase, donation, or 
exchange, it would take into consideration the condition of any 
structures on the property that would add to the Service's 
deferred maintenance backlog. Any funding to purchase land 
would be subject to future appropriations from Congress.
    Second, H.R. 5979, but not S. 3176, includes two conditions 
for establishing Mill Springs Battlefield National Monument as 
a unit of the National Park System: (1) entering into an 
agreement for donation of the property, and (2) acquiring 
sufficient land to constitute a manageable unit. Because land 
must be acquired prior to the establishment of the Monument, an 
agreement evidencing an intent to donate land is a precondition 
that needs to be included in the legislation. We recommend that 
H.R. 5979 be amended to conform the language for establishing 
the unit to that used in S. 3176, which provides for only the 
second condition. Third, H.R. 5979, but not S. 3176, includes 
language stipulating that no private or non-Federal property 
shall be managed as part of the Monument without the written 
consent of the landowner. This provision is unnecessary as the 
National Park Service does not currently have authority to 
manage non-Federal property as part of a unit in this manner. 
Furthermore, the addition of this language could be read to 
suggest that it does have such authority. The Department 
recommends striking this provision from H.R. 5979.
    Mr. Chairman, 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, the Committee notes that no 
changes in existing law are made by H.R. 5979 as ordered 
reported.

                                  [all]