[House Report 108-651]
[From the U.S. Government Publishing Office]
108th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 108-651
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WILSON'S CREEK NATIONAL BATTLEFIELD BOUNDARY ADJUSTMENT ACT OF 2004
_______
September 7, 2004.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Pombo, from the Committee on Resources, submitted the following
R E P O R T
[To accompany H.R. 4481]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 4481) to amend Public Law 86-434 establishing Wilson's
Creek National Battlefield in the State of Missouri to expand
the boundaries of the park, 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. SHORT TITLE.
This Act may be cited as the ``Wilson's Creek National Battlefield
Boundary Adjustment Act of 2004''.
SEC. 2. EXPANSION OF BOUNDARIES, WILSON'S CREEK NATIONAL BATTLEFIELD,
MISSOURI.
(a) Boundary Expansion; Private Property Protections.--The first
section of Public Law 86-434 (16 U.S.C. 430kk) is amended--
(1) by striking ``That the Secretary'' and inserting the
following:
``SECTION 1. WILSON'S CREEK NATIONAL BATTLEFIELD: ESTABLISHMENT AND
ACQUISITION OF LANDS.
``(a) Establishment, Initial Boundaries.--The Secretary''; and
(2) by adding at the end the following new subsections:
``(b) Expansion of Boundaries.--(1) The boundaries of the Wilson's
Creek National Battlefield are revised to include lands and interests
therein consisting of six parcels totaling 615 acres and identified as
parcels `1, 2, 3, 4, 5, and 6' on the map entitled `Wilson's Creek
National battlefield Proposed Boundary', numbered 410/80,037 and dated
January 27, 2004. The map shall be on file and available for public
inspection in the appropriate offices of the National Park Service.
``(2) The Secretary is authorized to acquire the lands referred to in
paragraph (1) by donation, by purchase from willing sellers with
donated or appropriated funds, or by exchange. The Secretary may
acquire by the same methods personal property associated with, and
appropriate for, interpretation of the park.
``(c) Access to Private Property.--Nothing in this Act shall be
construed to--
``(1) require any private property owner to allow public
access (including Federal, State, or local government access)
to such private property; or
``(2) modify any provision of Federal, State, or local law
with regard to public access to or use of private property.
``(d) Liability.--The revision of the boundaries of the Wilson's
Creek National Battlefield by subsection (b) shall not be considered to
create any liability for, or to have any effect on any liability under
any other law of, any owner of private property with respect to any
person injured on that private property.
``(e) Recognition of Authority to Control Land Use.--Nothing in this
Act shall be construed to modify the authority of Federal, State, or
local governments to regulate land use.
``(f) Participation of Private Property Owners.--Nothing in this Act
shall be construed to require the owner of any private property located
within the boundaries of the Wilson's Creek National Battlefield to
participate in, or be associated with, the National Battlefield.
``(g) Effect of Expansion.--The boundaries of the Wilson's Creek
National Battlefield, as revised by subsection (b), represent the area
within which Federal funds appropriated for the purpose of this Act may
be expended. The boundary revision shall not be construed to provide
any nonexisting regulatory authority on land use within the National
Battlefield or its viewshed by the Secretary or the National Park
Service.''.
(b) Authorization of Appropriations.--Section 3 of such Act (16
U.S.C. 430mm) is amended by adding at the end the following new
sentence: ``There are authorized to be appropriated such sums as may be
necessary to carry out section 1(b).''.
Purpose of the Bill
The purpose of H.R. 4481 is to amend Public Law 86-434
establishing Wilson's Creek National Battlefield in the State
of Missouri to expand the boundaries of the park, and for other
purposes.
Background and Need for Legislation
The Wilson's Creek National Battlefield was established as
a national park on April 22, 1960, to preserve and commemorate
the Battle of Wilson's Creek, the site of the second battle of
the Civil War and first major battle west of the Mississippi
River. The battle took place on August 10, 1861, and involved
approximately 5,400 Union troops and 12,000 Confederates.
Nathaniel Lyon, the first Union general to be killed in combat,
died at Wilson's Creek. The park contains 50 archeological
sites, numerous historic structures, cultural landscapes, and
artifacts related to the battle.
The park reported 186,654 recreational visits for Fiscal
Year (FY) 2003, and its FY 2004 annual budget is $1.798
million. The park's authorized boundary encompasses 1,750
acres, 75 percent of the actual combat areas associated with
the Battle of Wilson's Creek. The proposed expansion would
incorporate an additional six parcels of land totaling 615
acres. The lands currently lie outside of the park's authorized
boundaries and include sites significant to the battle.
As part of the general management planning process, the
National Parks Service identified and evaluated boundary
adjustments that may be necessary or desirable to carry out the
parks purposes. These adjustments were included in the final
General Management Plan/Environmental Impact Statement (GMP) in
2003. The GMP was completed following a three year planning
period and public participation process. H.R. 4481 will
implement part of the GMP's recommendations.
Committee Action
H.R. 4481 was introduced on June 2, 2004, by Congressman
Roy Blunt (R-MO). The bill was referred to the Committee on
Resources, and within the Committee to the Subcommittee on
National Parks, Recreation and Public Lands. On June 15, 2004,
the Subcommittee held a hearing on the bill. On July 14, 2004,
the Full Resource Committee met to consider the bill. By
unanimous consent, the Subcommittee on National Parks,
Recreation and Public Lands was discharged from further
consideration of the bill. Chairman Richard Pombo (R-CA)
offered amendment in the nature of a substitute adding a new
section on private property. The amendment was agreed to by
unanimous consent. The bill as amended was 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 Resources' oversight findings and recommendations
are reflected in the body of this report.
Constitutional Authority Statement
Article I, section 8 and Article IV, section 3 of the
Constitution of the United States grant Congress the authority
to enact this bill.
Compliance With House Rule XIII
1. Cost of Legislation. Clause 3(d)(2) 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)(3)(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.
2. 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.
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 amend Public Law 86-434
establishing Wilson's Creek National Battlefield in the State
of Missouri to expand the boundaries of the park, and for other
purposes.
4. Congressional Budget Office Cost Estimate. 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. 4481--Wilson's Creek National Battlefield Boundary Adjustment Act
of 2004
H.R. 4481 would expand by about 615 acres the boundary of
the Wilson's Creek National Battlefield in Missouri. The bill
would authorize the National Park Service (NPS) to acquire the
additional acreage and related personal property by purchase,
donation, or exchange. Finally, the bill would authorize the
appropriation of whatever amounts are necessary for these
purposes.
Assuming appropriation of the necessary amounts, CBO
estimates that implementing H.R. 4481 would cost between $5
million and $10 million over the next five years. We expect
that the NPS would first purchase a 20-acre parcel containing a
Civil War, museum, other improvements, and the museum contents,
at a cost of between $3 million and $4 million. If the NPS
later purchases some of the other 595 acres (or easements on
that land), total acquisition costs could increase by up to $6
million over several years. We estimate that additional costs
to operate the museum and to develop visitor facilities and
interpretive materials would be less than $0.5 million
annually. Enacting the bill would not affect direct spending or
revenues.
H.R. 4481 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would have no significant impact on the budgets of state,
local, or tribal government.
The CBO staff contact for this estimate is Deborah Reis.
This estimate was approved by Peter H. Fontaine, Deputy
Assistant Director for Budget Analysis.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
Preemption of State, Local or Tribal Law
This bill is not intended to preempt any State, local or
tribal law.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, 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):
ACT OF APRIL 22, 1960
(Public Law 86-434)
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, [That the
Secretary]
SECTION 1. WILSON'S CREEK NATIONAL BATTLEFIELD: ESTABLISHMENT AND
ACQUISITION OF LANDS.
(a) Establishment, Initial Boundaries.--The Secretary of the
Interior shall acquire, by gift, purchase, condemnation, or
otherwise, the lands (together with any improvements thereon)
comprising the Wilson's Creek Battlefield site near
Springfield, Missouri, and any other lands adjacent to such
site which in his opinion are necessary or desirable to carry
out the purposes of this Act.
(b) Expansion of Boundaries.--(1) The boundaries of the
Wilson's Creek National Battlefield are revised to include
lands and interests therein consisting of six parcels totaling
615 acres and identified as parcels ``1, 2, 3, 4, 5, and 6'' on
the map entitled ``Wilson's Creek National Battlefield Proposed
Boundary'', numbered 410/80,037 and dated January 27, 2004. The
map shall be on file and available for public inspection in the
appropriate offices of the National Park Service.
(2) The Secretary is authorized to acquire the lands referred
to in paragraph (1) by donation, by purchase from willing
sellers with donated or appropriated funds, or by exchange. The
Secretary may acquire by the same methods personal property
associated with, and appropriate for, interpretation of the
park.
(c) Access to Private Property.--Nothing in this Act shall be
construed to--
(1) require any private property owner to allow
public access (including Federal, State, or local
government access) to such private property; or
(2) modify any provision of Federal, State, or local
law with regard to public access to or use of private
property.
(d) Liability.--The revision of the boundaries of the
Wilson's Creek National Battlefield by subsection (b) shall not
be considered to create any liability for, or to have any
effect on any liability under any other law of, any owner of
private property with respect to any person injured on that
private property.
(e) Recognition of Authority To Control Land Use.--Nothing in
this Act shall be construed to modify the authority of Federal,
State, or local governments to regulate land use.
(f) Participation of Private Property Owners.--Nothing in
this Act shall be construed to require the owner of any private
property located within the boundaries of the Wilson's Creek
National Battlefield to participate in, or be associated with,
the National Battlefield.
(g) Effect of Expansion.--The boundaries of the Wilson's
Creek National Battlefield, as revised by subsection (b),
represent the area within which Federal funds appropriated for
the purpose of this Act may be expended. The boundary revision
shall not be construed to provide any nonexisting regulatory
authority on land use within the National Battlefield or its
viewshed by the Secretary or the National Park Service.
* * * * * * *
Sec. 3. For development of the Wilson's Creek National
Battlefield, there are authorized to be appropriated not more
than $5,640,000. There are authorized to be appropriated such
sums as may be necessary to carry out section 1(b).