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