[Senate Report 108-230]
[From the U.S. Government Publishing Office]
Calendar No. 440
108th Congress Report
SENATE
2d Session 108-230
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FORT DONELSON NATIONAL BATTLEFIELD EXPANSION ACT OF 2003
_______
March 9, 2004.--Ordered to be printed
_______
Mr. Domenici, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 524]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 524) to expand the boundaries of the Fort
Donelson National Battlefield to authorize the acquisition and
interpretation of lands associated with the campaign that
resulted in the capture of the fort in 1862, and for other
purposes, having considered the same, reports favorably thereon
with an amendment and recommends that the bill, as amended, do
pass.
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fort Donelson National Battlefield
Expansion Act of 2004''.
SEC. 2. FORT DONELSON NATIONAL BATTLEFIELD.
(a) Designation; Purpose.--There exists as a unit of the National
Park System the Fort Donelson National Battlefield to commemorate--
(1) the Battle of Fort Donelson in February 1862; and
(2) the campaign conducted by General Ulysses S. Grant and
Admiral Andrew H. Foote that resulted in the capture of Fort
Donelson by Union forces.
(b) Boundaries.--The boundary of the Fort Donelson National
Battlefield is revised to include the site of Fort Donelson and
associated land that has been acquired by the Secretary of the Interior
for administration by the National Park Service, including Fort
Donelson National Cemetery, in Stewart County, Tennessee and the site
of Fort Heiman and associated land in Calloway County, Kentucky, as
generally depicted on the map entitled ``Fort Donelson National
Battlefield Boundary Adjustment'' numbered 328/80024, and dated
September 2003. The map shall be on file and available for public
inspection in the appropriate offices of the National Park Service.
(c) Expansion of Boundaries.--The Fort Donelson National Battlefield
shall also include any land acquired pursuant to section 3.
SEC. 3 LAND ACQUISITION RELATED TO FORT DONELSON NATIONAL BATTLEFIELD.
(a) Acquisition Authority.--Subject to subsections (b) and (c), the
Secretary of the Interior may acquire land, interests in land, and
improvements thereon for inclusion in the Fort Donelson National
Battlefield. Such land, interests in land, and improvements may be
acquired by the Secretary only by purchase from willing sellers with
appropriated or donated funds, by donation, or by exchange with willing
owners.
(b) Land Eligible for Acquisition.--The Secretary of the Interior may
acquire land, interests in land, and improvements thereon under
subsection (a)--
(1) within the boundaries of the Fort Donelson National
Battlefield described in section 2(b); and
(2) outside such boundaries if the land has been identified
by the American Battlefield Protection Program as part of the
battlefield associated with Fort Donelson or if the Secretary
otherwise determines that acquisition under subsection (a) will
protect critical resources associated with the Battle of Fort
Donelson in 1862 and the Union campaign that resulted in the
capture of Fort Donelson.
(c) Boundary Revision.--Upon acquisition of land or interests in land
described in subsection (b)(2), the Secretary of the Interior shall
revise the boundaries of the Fort Donelson National Battlefield to
include the acquired property.
(d) Limitation on Total Acreage of Park.--The total area encompassed
by the Fort Donelson National Battlefield may not exceed 2,000 acres.
SEC. 4. ADMINISTRATION OF FORT DONELSON NATIONAL BATTLEFIELD.
The Secretary of the Interior shall administer the Fort Donelson
National Battlefield in accordance with this Act and the laws generally
applicable to units of the National Park System, including the Act of
August 25, 1916 (commonly known as the National Park Service Organic
Act; 16 U.S.C. 1 et seq.), and the Act of August 21, 1935 (commonly
known as the Historic Sites, Buildings, and Antiquities Act; 16 U.S.C.
461 et seq.).
SEC. 5. RELATION TO LAND BETWEEN THE LAKES NATIONAL RECREATION AREA.
The Secretary of Agriculture and the Secretary of the Interior shall
enter into a memorandum of understanding to facilitate cooperatively
protecting and interpreting the remaining vestige of Fort Henry and
other remaining Civil War resources in the Land Between the Lakes
National Recreation Area affiliated with the Fort Donelson campaign.
SEC. 6. CONFORMING AMENDMENT.
The first section of Public Law 86-738 (16 U.S.C. 428k) is amended by
striking ``Tennessee'' and all that follows through the period at the
end and inserting ``Tennessee.''.
Purpose of the Measure
The purpose of S. 524 is to authorize the Secretary of the
Interior to expand the boundaries of Fort Donelson National
Battlefield in Tennessee to include the site of Fort Heiman and
associated lands in Calloway County, Kentucky.
Background and Need
The unconditional surrender of Fort Donelson was the
Union's first major victory of the Civil War, opening the way
into the heart of the Confederacy. Days earlier, troops
commanded by General Ulysses S. Grant had captured Forts Henry
and Heiman, both located on the Tennessee River. Upon taking
possession of the forts, the Union army then turned to nearby
Fort Donelson, on the Cumberland River.
On February 14, 1862, Admiral Andrew Foote's Union gunboats
arrived at Fort Donelson and began exchanging fire with the
Confederate heavy artillery. The gunboats suffered such damage
that the decks became slippery with blood. The strong artillery
bombardment from the Cumberland River bluff crippled the
ironclads forcing them to retreat.
At daybreak the following morning, Southern forces launched
a vigorous attack but failed to escape Grant's army. On
February 16th, Confederate General Simon Bolivar Buckner felt
compelled to accept Grant's ultimatum, ``No terms except an
unconditional and immediate surrender can be accepted.'' The
gate was open for a Union invasion into the Confederate
heartland.
Fort Donelson National Battlefield is located in Stewart
County, Tennessee. The current acreage of the National
Battlefield comprises approximately 20 percent of the principal
fighting ground associated with the battle. Fort Donelson
primarily protects Confederate earthworks and relates to
Confederate military operations at Fort Donelson.
Although Fort Henry is currently under Federal ownership
and managed by the Forest Service as part of the Land Between
the Lakes National Recreation Area, increased collaborative and
cooperative efforts between the National Park Service and the
Forest Service are needed to enhance interpretation at Fort
Henry as well as its interrelationship with Fort Donelson.
Fort Heiman, which is currently unprotected, is critical to
the interpretation of Fort Donelson National Battlefield. Along
with Forts Henry and Donelson, Fort Heiman includes resources
that are associated with the struggle for control of the
Tennessee and Cumberland rivers and tell the story of African-
American involvement in the Union war effort. Fort Heiman's
association with the Battle of Johnsonville and Forrest's Raid
into West Tennessee in 1864 will provide an opportunity for
interpreting the continuum of Civil War history in the area.
Legislative History
S. 524 was introduced by Senator Bunning on March 5, 2003.
A hearing on S. 524 was held by the National Parks Subcommittee
on October 10, 2003. S. Hrg. 108-225. At the business meeting
on February 11, 2004, the Committee on Energy and Natural
Resources ordered S. 524 favorably reported with an amendment
in the nature of a substitute.
Committee Recommendation and Tabulation of Votes
The Committee on Energy and Natural Resources, in open
business session on February 11, 2004, by a unanimous vote of a
quorum present, recommends that the Senate pass S. 524, if
amended as described herein.
The rollcall vote on reporting the measure was 23 yeas, 0
nays, as follows:
YEAS NAYS
Mr. Domenici
Mr. Nickles
Mr. Craig
Mr. Campbell*
Mr. Thomas
Mr. Alexander
Ms. Murkoswki
Mr. Talent
Mr. Burns
Mr. Smith*
Mr. Bunning
Mr. Kyl*
Mr. Bingaman
Mr. Akaka
Mr. Dorgan*
Mr. Graham*
Mr. Wyden*
Mr. Johnson*
Ms. Landrieu*
Mr. Bayh*
Mrs. Feinstein*
Mr. Schumer*
Ms. Cantwell
*Indicates voted by proxy.
Committee Amendment
During consideration of S. 524, the Committee adopted an
amendment in the nature of a substitute, to make general
clarifying and conforming changes. The amendment is explained
in detail in the section-by-section analysis, below.
Section-by-Section Analysis
Section 1 entitles this bill the ``Fort Donelson National
Battlefield Act of 2004''.
Section 2 states that the boundary of Fort Donelson
National Battlefield shall consist of the site of Fort Donelson
and associated land acquired by the Secretary of the Interior
(Secretary) and administered by the National Park Service,
including Fort Donelson National Cemetery, the site of Fort
Heiman and associated land, and any land acquired pursuant to
section 3.
Section 3(a) authorizes the Secretary to acquire land,
interests in land, and improvements thereon for inclusion in
the Fort Donelson National Battlefield by purchase from willing
sellers with appropriated or donated funds, donation, or by
exchange with willing owners.
Subsection (b) states that the land eligible for
acquisition must be inside the boundaries of the Fort Donelson
National Battlefield as described in section 2(b), and outside
such boundaries if the land has been identified by the American
Battlefield Protection Program as part of the battlefield
associated with Fort Donelson or if the Secretary otherwise
determines that acquisition under subsection (a) will protect
critical resources associated with the Battle of Fort Donelson
in 1862 and the Union campaign that resulted in the capture of
Fort Donelson.
Subsection (c) directs the Secretary to revise the
boundaries of the Fort Donelson National Battlefield to include
the property acquired as described in subsection (b)(2).
Subsection (d) states that the total area encompassed by
the Fort Donelson National Battlefield may not exceed 2,000
acres.
Section 4 directs the Secretary to administer the Fort
Donelson National Battlefield in accordance with this Act and
the laws generally applicable to units of the National Park
System, including the Act of August 25, 1916 (commonly known as
the National Park Service Organic Act; 16 U.S.C. 1 et seq.),
and the Act of August 21, 1935 (commonly known as the Historic
Sites, Buildings, and Antiquities Act; 16 U.S.C. 461 et seq.).
Section 5 directs the Secretaries of the Interior and
Agriculture to enter into a memorandum of understanding to
facilitate cooperatively protecting and interpreting the
remaining vestige of Fort Henry and other remaining Civil War
resources in the Land Between the Lakes National Recreation
Area affiliated with the Fort Donelson campaign.
Section 6 repeals obsolete provisions and makes conforming
amendments.
Cost and Budget Considerations
The Congressional Budget Office estimate of the costs of
this measure has been requested but was not received at the
time the report was filed. When the report is available, the
Chairman will request it to be printed in the Congressional
Record for the advice of the Senate.
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. 524. 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. 524, as ordered reported.
Executive Communications
On February 11, 2004, the Committee on Energy and Natural
Resources requested legislative reports from the Department of
the Interior, Department of Defense, Department of Energy, and
the Office of Management and Budget setting forth Executive
agency recommendations on S. 524. These reports had not been
received at the time the report on S. 524 was filed. When the
reports become available, the Chairman will request that they
be printed in the Congressional Record for the advice of the
Senate. The testimony provided by the National Park Service at
the Subcommittee hearing follows:
Statement of Sue Masica, Associate Director, Park Planning, Facilities,
and Lands, National Park Service, U.S. Department of the Interior
Mr. Chairman, thank you for the opportunity to present the
views of the Department of the Interior on S. 524, a bill to
expand the boundaries of the Fort Donelson National Battlefield
and to authorize the acquisition and interpretation of lands
associated with the campaign that resulted in the capture of
the fort in 1862.
The Department of the Interior supports S. 524. Although
the Administration's priority is to focus our resources on
caring for existing areas within the National Park System,
there are cases where an acquisition or expansion is needed to
realize an existing park unit's mission and can be accomplished
with reduced costs. This is such a case. This legislation would
enable the National Park Service (NPS) to protect and interpret
historical resources that are critical to the Civil War story
concerning the surrender of Fort Donelson to Union forces.
Fort Donelson National Battlefield (Battlefield), currently
consisting of 558 acres, is located in Stewart County,
Tennessee. The battlefield includes the fort, the Dover Hotel
(Surrender House), and Fort Donelson National Cemetery. S. 524
would allow the Secretary of the Interior (Secretary) to expand
the boundaries of the battlefield and acquire additional lands
as long as the total acreage included in the battlefield does
not exceed 2,000 acres. New lands may be acquired by purchase
from willing sellers or by donation or exchange. Lands that
would be added would include a detached unit of the battlefield
at Fort Heiman, in Calloway County, Kentucky and various
historical resources in and around Dover, Tennessee. In
addition, S. 524 would require the Secretary and the U.S.
Forest Service to enter into a memorandum of understanding for
the protection and interpretation of remaining vestiges of Fort
Henry and other Civil War resources in the Land Between the
Lakes National Recreation Area.
There will be no anticipated NPS land acquisition costs for
the acquisition of Fort Heiman. West Kentucky Corporation and
the Commonwealth of Kentucky have entered into a partnership to
secure more than $1,000,000 for land appraisals and purchase of
approximately 300 acres at the Fort Heiman site. On September
23, 2003, Calloway County, Kentucky acquired approximately 200
acres of the site and intends to hold it in trust. The
remaining 100 acres will also be purchased by this partnership.
The intent is for the Fort Heiman site to then be donated to
the NPS for inclusion into the battlefield once the boundary is
adjusted through this legislation.
The U.S. Forest Service administers the lands on which the
outer earthwork fortifications of Fort Henry remain--the fort
itself is under Kentucky Lake. Thus, since the land is in
current federal ownership, and would continue to be managed by
the U.S. Forest Service, land acquisition funds would not be
required. However, visitor services, resource protection, and
interpretation could be enhanced, and undetermined costs might
result, based upon the memorandum of understanding between the
Secretary and the U.S. Forest Service regarding the protection
and interpretation of this land.
First year personnel costs associated with this proposal
are estimated to be $676,000, which would primarily be used to
provide staffing for the detached unit that will be created at
Fort Heiman. Additionally, a one-time development expenditure
of about $325,000 is anticipated to cover maintenance
equipment, vehicles, and miscellaneous start up supplies.
Operational costs for future years are estimated to be
approximately $850,000-$900,000 annually. Since that is roughly
equal to the battlefield's current funding, the expansion would
require doubling the annual appropriation for this unit. Murray
State University in Kentucky has approached the park with the
offer of office space, telephones, computers, and other office
equipment if it would be needed.
In addition to the lands at Fort Heiman that will be
purchased by the West Kentucky Corporation and the Commonwealth
of Kentucky, the Civil War Preservation Trust (Trust) has
purchased about 100 acres near or contiguous to Fort Donelson
National Battlefield and holds an option for the purchase of an
additional 105 acres. These two parcels contain the portion of
the battlefield where 70% of the Union casualties took place.
These properties would be included within the expanded boundary
and we look forward to the possibility of working with the
Trust to preserve and interpret these important lands. The
Trust and the State of Tennessee are working on a cooperative
venture to purchase another critical site consisting of
approximately 7 acres near the current visitor center. There
are an additional four sites of historical relevance and
integrity near Fort Donelson that could be purchased from
willing sellers, should they become available. Together, these
parcels consist of approximately 20-23 acres and are estimated
to cost less than $150,000.
The capture of the forts (Heiman, Henry and Donelson) that
guarded the Tennessee and Cumberland Rivers constituted the
first major Union victory in the Civil War. The outcome earned
Brigadier General Ulysses S. Grant his promotion to Major
General, the nickname ``Unconditional Surrender Grant'', and
prominence that led to the Presidency of the United States.
The Confederate capitulation forced the evacuation of
Nashville, Tennessee, virtually all of middle Tennessee, and
much of western Tennessee. With the capture of the three forts
the Tennessee and Cumberland Rivers became Union highways for
the movement of men and material into the Deep South. The
battles at Fort Henry and Fort Heiman were the first time in
the Civil War where ironclad gunboats were used and the
surrender of the forts ensured that Kentucky would remain in
the Union.
The American Battlefield Protection Program has classified
the Fort Donelson National Battlefield area as a collection of
Priority I sites implying a critical need for coordinated
nationwide preservation action. Fort Henry and Fort Donelson
are also designated as two of the principle battles of the
Civil War and Fort Heiman, listed on the National Register of
Historic Places, derives part of its significance from its
direct association with them.
Tne NPS is currently conducting a boundary study of Fort
Donelson. Public response has been overwhelming in support of
preserving the three forts under an umbrella of federal
protection. The draft study is currently under agency review
and is expected to be finalized by the end of calendar year
2003.
We suggest some technical amendments to S. 524 that provide
the map references that are missing from the bill and will
provide overall clarification to the bill language. Our
suggested amendments are attached to this testimony.
Mr. Chairman, that concludes my statement. I would be
pleased to answer any questions you or other members of the
subcommittee may have.
PROPOSED AMENDMENTS
Page 2, line 11, strike ``The Fort Donelson National
Battlefield shall consist of the site of'' and insert ``The
boundary of the Fort Donelson National Battlefield is revised
to include the site of''.
Page 2, line 18, strike ``map entitled `___' numbered ___,
and dated ___.'' and insert ``map entitled Fort Donelson
National Battlefield Boundary Adjustment, numbered 328/80024,
and dated September 2003.''
Page 5, line 5, strike ``2 through 7'' and insert ``2
through 4, 6 through 8, and 10''.
Page 5, line 14, strike subparagraph A and insert, ``(A) in
section 5 (16 U.S.C. 428d), by striking `Provided' and the last
sentence.''
Page 6, line 19, strike paragraph 3 and insert:
``(3) 1960 law.--Public Law 86-738 is amended in
section 1 (16 U.S.C. 428k) by striking `Fort Donelson
National Military Park' and inserting `Fort Donelson
National Battlefield' and by striking `, but the total
area commemorating the battle of Fort Donelson shall
not exceed 600 acres'; and
``(A) by striking section 3 (16 U.S.C.
428m).''
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 S. 524, as ordered 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 86-738
AN ACT To revise the boundaries and change the name of Fort Donelson
National Military Park, and for other purposes
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That in
furtherance of the purposes of the Act entitled ``An Act to
establish a national military park at the battlefield of Fort
Donelson, [Tennessee'', approved March 26, 1928 (16 U.S.C. 428
and the following), and to facilitate an appropriate observance
of the one hundredth anniversary of the Battle of Fort
Donelson, the Secretary of the Interior is authorized to
designate for addition to the present Fort Donelson National
Military Park such lands and interests in lands adjacent to
said park as in his discretion are necessary to preserve and
interpret this historic battle-ground, including the nearby
historic Surrender House and the land upon which it is situated
on Spring Street in the town of Dover, Tennessee, but the total
area commemorating the battle of Fort Donelson shall not exceed
600 acres.] Tennessee.''
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