29–006 

108TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 108–651 

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. 

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‘‘(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. 

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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: 

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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 esti- mates 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, øThat 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, MisVerDate Aug 04 2004 00:26 Sep 11, 2004 Jkt 029006 PO 00000 Frm 00004 Fmt 6659 Sfmt 6601 E:\HR\OC\HR651.XXX HR651
5 

souri, 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). 

Æ