[Senate Report 114-323]
[From the U.S. Government Publishing Office]
Calendar No. 596
114th Congress } { Report
SENATE
2d Session } {114-323
======================================================================
FORT SCOTT NATIONAL HISTORIC SITE BOUNDARY MODIFICATION ACT
_______
September 6, 2016.--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 S. 2087]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 2087) to modify the boundary of the Fort
Scott National Historic Site in the State of Kansas, 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:
1. On page 2, line 15, strike ``June 2015'' and insert
``February 2016.''
Purpose
The purpose of S. 2087 is to modify the boundary of the
Fort Scott National Historic Site in the State of Kansas.
Background and Need
Fort Scott was established by the U.S. Army in 1842. Today
it is an integral part of Kansas' and the nation's history as a
contributing factor to the Bleeding Kansas slavery fights, the
Civil War, railroad expansion, and the westward settlement of
the United States.
S. 2087 would modify the site's boundaries to include four
individual tracts--three to be acquired through future purchase
and one through donation to the National Park Service. The
private landowners whose land would be included in the boundary
modification are fully supportive of the actions proposed in
the legislation.
The subject parcels would afford much needed improvements
for the historic site, including the addition of an appropriate
maintenance facility and emergency shelter for providing public
and employee safety in the event of natural disasters. The
modifications also would allow for direct access and egress for
employees and visitors to the highway, enrich the quality of
visitors' experiences through an efficient visitor contact
station, and allow for the care of the Lunette Blair Civil War
Block House, which is the sole remaining Civil War structure of
the four original lunette fortifications in Fort Scott.
Legislative History
Senator Moran introduced S. 2087 on September 28, 2015. The
Subcommittee on National Parks considered the bill during a
hearing held on June 15, 2016.
The Committee on Energy and Natural Resources met in open
business session on July 13, 2016, and ordered S. 2087
favorably reported as amended.
Committee Recommendation
The Senate Committee on Energy and Natural Resources, in an
open business session on July 13, 2016, by a majority voice
vote of a quorum present, recommends that the Senate pass S.
2087, if amended as described herein.
Committee Amendment
During its consideration of S. 2087, the Committee on
Energy and Natural Resources adopted an amendment to revise the
date of the boundary map, which describes the Fort Scott
National Historic proposed boundary modification.
Section-by-Section Analysis
Section 1. Short title
Section 1 provides a short title for the measure.
Section 2. Fort Scott National Historic Site
Section 2 authorizes the purchase of lands within the
boundary of the Fort Scott National Historical Site by
appropriated funds. Additionally, section 2 modifies the
boundary of the Fort Scott National Historic Site in accordance
with the referenced map and authorizes such sums as may be
necessary to acquire the needed land.
Cost and Budgetary 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 Congressional Budget Office
completes its cost estimate, it will be posted on the internet
at www.cbo.gov.
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. 2087. 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. 2087, as ordered reported.
Congressionally Directed Spending
S. 2087, as ordered reported, does not contain any
congressionally directed spending items, limited tax benefits,
or limited tariff benefits as defined in rule XLIV of the
Standing Rules of the Senate.
Executive Communications
The testimony provided by the National Park Service at the
June 15, 2016, Subcommittee on National Parks hearing on S.
2087 follows:
Statement of Dr. Stephanie Toothman, Associate Director Cultural
Resources, Partnerships, and Science, National Park Service, U.S.
Department of the Interior
Mr. Chairman and members of the Subcommittee, thank you for
the opportunity to present the views of the Department of the
Interior on S. 2087, a bill to modify the boundary of Fort
Scott National Historic Site in the State of Kansas, and for
other purposes.
The Department supports S. 2087 with a proposed amendment
to substitute an updated map.
This bill would amend P.L. 95-484, the establishing
legislation for Fort Scott, to modify the boundary to include
four parcels totaling approximately 3.81 acres of land and to
authorize the Secretary to acquire properties by purchase with
appropriated funds as well as donation.
Fort Scott was designated a National Historic Landmark in
1964. On October 19, 1972, Fort Scott was authorized as a unit
of the National Park Service ``to commemorate the significant
role played by Fort Scott in the opening of the west, as well
as the Civil War and strife in the State of Kansas that
preceded it.'' The historic site is currently 16.69 acres, but
it does not include four significant parcels adjacent to or on
or near the boundary of the park. The four properties are
identified as the Westar property, the Cummings property, the
Chamber of Commerce property, and the Lunette Blair Blockhouse.
The Westar property is 2.87 acres located adjacent to the
western boundary of the park where the first civilian merchants
in the area sold supplies to soldiers, Indians, tradespeople,
travelers, and farmers. The Westar property also includes part
of the historical landscape associated with the Civil War,
including entrenchments and fortification structures that
surrounded the fort. It is also the site associated with two of
the earliest African-American neighborhoods in Fort Scott, both
during and after the Civil War. These African-American families
and refugees escaped from Indian Territory and followed the
Union Army to Fort Scott. They rented or owned houses on the
present-day Westar property, one of which was occupied by an
African-American Civil War veteran with the 2nd Kansas Colored
Infantry who lived on his property until the 1920s.
The Westar property includes an 18,940 square-foot brick
structure of various elevations and storage spaces. The
building has administrative and visitor services potential and
could be utilized as an educational, orientation center or as
exhibit/museum space that is accessible since this would be the
only on-grade building in the boundary. Additionally, this
brick building could improve public safety since it would be
the only appropriate space in the park for providing visitor
and employee safety in the event of a natural disaster such as
a tornado or a severe thunderstorm.
The Lunette Blair Blockhouse is located near the park
boundary. It is the last remaining Civil War-era military
structure, built to defend the town of Fort Scott and its
robust military supply depot from Confederate attack. For more
than 50 years, the blockhouse has been maintained and preserved
through a public-private partnership between the City of Fort
Scott, and local individuals and organizations. The president
of the organization approached the park to donate the property
because the members were no longer physically or financially
able to continue their preservation efforts. No other
organization has shown interest in preserving the Blockhouse.
Without regular maintenance, this structure will continue to
deteriorate and the opportunity for visitors to experience the
epic stories of those who fought for freedom and the Union from
1861 to 1865 will be lost.
The Cummings property is 0.73 acres adjacent to the park's
eastern boundary and separates the historic site from U.S.
Highway 69. This parcel would provide visitors with more direct
access to the park. The owners have expressed interest in
selling their property. The site includes a 13,159 square-foot
building on the property suitable for administrative purposes.
The Chamber of Commerce property consists of 0.24 acres
adjacent to the park's eastern boundary. The site currently
houses the chamber offices. The building is bordered by the
park on three sides, and including this property would allow
for a continuous boundary. The Chamber of Commerce would
continue the use of this building for the foreseeable future.
The estimated cost of acquisition for the Cummings property
is approximately $147,500 and the estimated cost for
acquisition of the Westar Property is $350,000. The Lunette
Blair Blockhouse would be acquired through donation. The
additional facilities and properties will increase park
operational and maintenance costs, but the amount will depend
on the number of facilities acquired and their condition.
Additional funds for maintenance, repairs and capital
improvements would be awarded through the NPS competitive
process, subject to service-wide priorities and the
availability of appropriations.
Support for the boundary modification has been expressed by
various community organizations and community members,
including the City of Fort Scott, the Bourbon County Economic
Development Association, the Bourbon County Commissioners, the
Bourbon County Riverfront Authority, the Bourbon County Chamber
of Commerce, and the Friends of Fort Scott NHS, Inc.
The Department requests an amendment to substitute an
updated map. The map referenced in the bill, includes a parcel
we do not want be included in the expansion.
Mr. Chairman, this concludes my testimony. I would be happy
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, changes in existing law made by
the original 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):
PUBLIC LAW 95-484
* * * * * * *
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That, in
order to commemorate the significant role played by Fort Scott
in the opening of the West, as well as the Civil War and the
strife in the State of Kansas that preceded it, the Secretary
of the Interior may acquire by donation or by purchase with
appropriated funds the land and interests in land, together
with buildings and improvements thereon, known as Fort Scott,
located in the city of Fort Scott, Bourbon County, Kansas [:
Provided, that the buildings so acquired shall not include the
structure known as ``Lunette Blair''].
[SEC. 2. WHEN] SEC. 2. ESTABLISHMENT.--
(a) In General.--When the site of Fort Scott has been
acquired by the United States as provided in section 1 of this
Act, the Secretary of the Interior shall establish such area as
the Fort Scott National Historic Site, by publication of notice
and boundary map thereof in the Federal Register.
(b) Boundary Modification.--The boundary of the Fort Scott
National Historic Site established under subsection (a) is
modified as generally depicted on the map referred to as ``Fort
Scott National Historic Site Proposed Boundary Modification'',
numbered 471/80,057, and dated February 2016.
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