89–010 

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 

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(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 

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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. 

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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. 

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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 

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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 exVerDate Sep 11 2014 22:48 Nov 27, 2018 Jkt 089010 PO 00000 Frm 00006 Fmt 6659 Sfmt 6969 E:\HR\OC\SR378.XXX SR378
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change. 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. 

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