[Senate Report 115-406]
[From the U.S. Government Publishing Office]
Calendar No. 693
115th Congress } { Report
SENATE
2d Session } { 115-406
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CAMP NELSON NATIONAL MONUMENT ACT
_______
December 4, 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. 5655]
[Including cost estimate of the Congressional Budget Office]
The Committee on Energy and Natural Resources, to which was
referred the bill (H.R. 5655) to establish the Camp Nelson
Heritage 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 an amendment to the
title and recommends that the bill, as amended, do pass.
The amendments are as follows:
1. Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Camp Nelson National Monument Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Map.--The term ``Map'' means the map entitled ``Camp
Nelson National Monument Nicholasville, Kentucky'', numbered
532/144,148, and dated September 2018.
(2) Monument.--The term ``Monument'' means the Camp Nelson
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 CAMP NELSON NATIONAL MONUMENT.
(a) Establishment.--
(1) In general.--Subject to paragraph (2), there is
established as a unit of the National Park System the Camp
Nelson National Monument in the State of Kentucky to preserve,
protect, and interpret, for the benefit of present and future
generations, the nationally significant historic resources of
Camp Nelson and the role of Camp Nelson in the Civil War,
Reconstruction, and African American history and civil rights.
(2) Sufficient land or interests.--The Monument shall not be
established until after the date on which the Secretary has
determined that sufficient land or interests in land have been
acquired within the boundary of the Monument to constitute a
manageable unit.
(b) Boundary.--The boundary of the Monument shall be the boundary
generally depicted on the Map.
(c) Availability of Map.--The Map shall be on file and available
for public inspection in the appropriate offices of the National Park
Service.
(d) Acquisition Authority.--The Secretary may only acquire any land
or interest in land located within the boundary of the Monument by--
(1) donation;
(2) purchase from a willing seller with donated or
appropriated funds; or
(3) exchange.
(e) 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 the
Secretary to prepare a general management plan for the
Monument, the Secretary shall prepare a general
management plan for the Monument 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.
(f) 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 of 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 of the Monument.
2. Amend the title so as to read: ``An Act to establish the
Camp Nelson National Monument in the State of Kentucky as a
unit of the National Park System, and for other purposes.''.
PURPOSE
The purpose of H.R. 5655 is to establish the Camp Nelson
National Monument in the State of Kentucky as a unit of the
National Park Service (NPS).
BACKGROUND AND NEED
Located in Jessamine County, Kentucky, Camp Nelson was
originally built as an Army supply depot, hospital, and
garrison in 1863.
African-Americans were barred from joining the Union Army
at the beginning of the Civil War. On July 17, 1862, however,
Congress passed two significant laws that ultimately led to the
enlistment of African-Americans in the Army. The Second
Confiscation Act (12 Stat. 589, 591) declared that ``all slaves
of persons who shall hereafter be engaged in rebellion against
the government of the United States . . . shall be forever free
of their servitude, and not again held as slaves.'' The Militia
Act (12 Stat. 597, 599) authorized President Lincoln ``to
receive into the service of the United States,'' African-
Americans to construct entrenchments, perform camp service, and
``any other labor . . . as the President may prescribe.'' It
further provided that any former slave who ``render[ed] any
such service to the Army would ``forever thereafter be free.''
The Emancipation Proclamation, issued by President Lincoln on
January 1, 1863, further declared that former slaves would ``be
received into the armed service of the United States,'' (12
Stat. 1268, 1269), and the War Department's General Order 143
provided for the formation of African-American battle regiments
beginning in May 1863.
Thereafter, Camp Nelson became one of the country's largest
recruitment and training centers for African-American soldiers
during the Civil War. At least 10,000 African-Americans
enlisted or trained at Camp Nelson. Eight regiments of African-
American soldiers were formed there and others were stationed
there.
Many of the men who enlisted at Camp Nelson brought their
families with them. Although the camp was not designed to serve
as a refugee shelter, it became a makeshift refugee camp for
African-Americans escaping slavery. Since Kentucky had not
seceded from the Union, it was not covered by the Emancipation
Proclamation, and slavery remained legal in the state until
after the Civil War and the ratification of the 13th Amendment.
In November 1864, the Army forcibly expelled about 400 of
these refugees, over 100 of whom died from exposure.
Ultimately, these events led to an official change in policy by
the United States Army regarding the treatment and care of
refugees at U.S. Army posts. It also led to the enactment of
legislation that freed the wife and children of any person
``mustered into the military or naval service of the United
States'' (13 Stat. 571).
The enlistment of soldiers, who were legally freed upon
enlistment, and the passage of the March 1865 Act freeing their
families, made Camp Nelson one of the largest emancipation
centers in the United States. Today, the site of Camp Nelson
has a well-preserved landscape, earthen fortifications, depot
magazine, historic roads, one period building, and
archeological deposits.
In 2012, the Camp Nelson Historic and Archeological
District in Jessamine County, Kentucky, was nominated through a
grant from the Kentucky Heritage Council, Kentucky African-
American Heritage Commission, and the Jessamine County Fiscal
Court for inclusion in the NPS's National Historic Landmark's
Program, to which it was accepted in March of 2013. The Camp
Nelson Historic and Archeological District is made up of
approximately 600 acres, in southern Jessamine County, six
miles south of Nicholasville, Kentucky. This district includes
the well-preserved archeological remains and landscape of a
large Civil War era Union Army supply depot, recruitment camp,
hospital facility, and African American refugee camp. The
district consists of documented and as-yet undocumented
archeological remains within the entire area enclosed by the
proposed boundaries.
In recognition of the historical significance of Camp
Nelson, on October 26, 2018, President Trump proclaimed the
site a National Monument pursuant to his authority under the
Antiquities Act. (54 U.S.C. 320301.)
H.R. 5655 establishes, as a unit of the NPS, the Camp
Nelson National Monument in the State of Kentucky to preserve,
protect, and interpret for the benefit of present and future
generations, the nationally significant historic resources of
Camp Nelson and its role in the American Civil War,
Reconstruction, and African American history and civil rights.
LEGISLATIVE HISTORY
H.R. 5655 was introduced by Rep. Barr in the House of
Representatives on April 27, 2018. On May 21, 2018, the
Committee on Natural Resources reported H.R. 5655 (H. Rept.
115-695). On June 5, 2018, the House of Representatives passed
H.R. 5655 by a vote of 376-4.
Companion legislation, S. 3287 was introduced by Senator
McConnell on July 26, 2018. The Subcommittee on National Parks
held a hearing on S. 3287 and H.R. 5655 on August 15, 2018.
The Committee on Energy and Natural Resources met in open
business session on October 2, 2018, and ordered H.R. 5655
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.
5655, if amended as described herein.
COMMITTEE AMENDMENT
During its consideration of H.R. 5655, the Committee
adopted an amendment in the nature of a substitute. The
amendment updated the map, name of the monument, and
definitions. The amendment also struck the requirement for
written agreement from land owners as a condition for
establishing the monument, replacing it with a requirement for
sufficient land or interest in land. The amendment further
updated the acquisition authority of the Secretary of the
Interior (Secretary) to include purchase from a willing seller
with donated or appropriated funds. The amendment also strikes
the private property protection language, and updates the
buffer zone language. The Committee also adopted an amendment
to the title to remove ``Heritage'' from the title of the
National Monument.
SECTION-BY-SECTION ANALYSIS
Section 1. Short title
Section 1 contains the short title.
Section 2. Definitions
Section 2 contains key definitions.
Section 3. Establishment of Camp Nelson National Monument
Subsection (a) establishes the Camp Nelson National
Monument in the State of Kentucky as a unit of the NPS to
preserve, protect, and interpret, for the benefit of present
and future generations, the nationally significant historic
resources of Camp Nelson and the role of Camp Nelson in the
Civil War, Reconstruction, and African American history and
civil rights. 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.
Subsection (b) specifies that the Monument's boundary shall
be as generally depicted on the Map.
Subsection (c) specifies that the Map shall be on file and
available for public inspection.
Subsection (d) specifies 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 (e) requires the Secretary to administer the
Monument in accordance with this Act and the laws generally
applicable 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 (f) 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. 5655 would establish the Camp Nelson National Monument
in Nicholasville, Kentucky. Under the act, 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 or appropriated 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 act 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. 5655 would cost about $1 million over
the 2019-2023 period; such spending would be subject to the
availability of appropriated funds.
Enacting H.R. 5655 would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply.
CBO estimates that enacting H.R. 5655 would not increase
net direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2029.
H.R. 5655 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act.
On May 11, 2018, CBO transmitted a cost estimate for H.R.
5655, the Camp Nelson Heritage National Monument Act, as
ordered reported by the House Committee on Natural Resources on
May 8, 2018. The two pieces of legislation are similar, and
CBO's estimates of their budgetary effects are the same.
The CBO staff contact for this estimate is Jon Sperl. 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. 5655. 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. 5655, as ordered reported.
CONGRESSIONALLY DIRECTED SPENDING
H.R. 5655, 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 Department of the Interior at
the August 15, 2018, hearing on S. 3287 and H.R. 5655 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. 3287 and H.R. 5655,
bills to establish the Camp Nelson Heritage 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. 3287 and H.R. 5655
with amendments described later in this statement. As a
nationally significant Civil War site, where the major
landowner has indicated a desire to donate property for
inclusion in the National Park System, Camp Nelson represents
an exceptional opportunity to preserve and interpret for future
generations a critical chapter in Civil War history.
S. 3287 and H.R. 5655 would authorize the Secretary of the
Interior to establish Camp Nelson Heritage National Monument as
a unit of the National Park System after meeting specified
requirements. The proposed boundary of the monument includes
land within the Camp Nelson National Historic Landmark. The
bills include authorities for land acquisition and
administration that are commonly included in legislation
establishing a unit of the National Park System.
Camp Nelson is nationally significant as one of the
nation's largest recruitment and training centers for African
American soldiers during the American Civil War and as the site
of a large refugee camp for the wives and children of the
African American soldiers who were escaping slavery and seeking
freedom. Reactions to the November 1864 expulsion of Camp
Nelson refugees led to official changes in U.S. Army policy
regarding the care of refugees at U.S. Army posts, and assisted
in the passage of an act of Congress that freed all wives and
children of U.S. Colored Troops. Events at Camp Nelson also
influenced the policies and practices of abolitionists and
health reformers.
Camp Nelson has excellent archeological integrity and its
resources have the potential to provide nationally significant
data on questions related to Civil War era economic conditions,
social relationships, settlement patterns, material supply, and
the daily life of its racially and socially diverse military
and civilian populations, as well as data on questions related
to camp fortification, and building design and layout. The
information gained from these archeological resources has the
potential to add to our understanding of the transformation of
African American families from enslaved to free, and the
survival and persistence of these families and their culture in
the face of tremendous adversity.
Camp Nelson Historic and Archeological District was added
to the National Underground Railroad Network to Freedom in 2008
and designated as a National Historic Landmark in 2013. The
majority of land included in the Landmark is owned by Jessamine
County and managed as a park open to the public. Camp Nelson
Civil War Heritage Park protects and interprets what remains of
the historic Civil War-era Camp Nelson site. Because of its
rural location, the Camp Nelson site is one of the best-
preserved Civil War era depots, hospitals, recruiting centers,
and refugee campsites in the nation. Much of the site retains a
high level of integrity and the landscape primarily consists of
pastures, open fields, and woodlands. Camp Nelson's well
preserved landscape includes numerous features from the Civil
War era, including earthen fortifications, entrenchments, a
depot magazine, building foundations, and historic road
remnants. The Oliver Perry House (``White House'') is the only
surviving extant structure associated with Camp Nelson's
historic period of significance.
Strong local support for including the site in the National
Park System has been indicated through public meetings and
comments. In addition, Jessamine County, the primary 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. 3287 and H.R. 5655 be
amended in the following ways:
First, S. 3287 and H.R. 5655 would name the site the ``Camp
Nelson Heritage National Monument''. The Department recommends
removing ``Heritage'' from the name, which would make it
consistent with the name used for the National Historic
Landmark designation. The word ``Heritage'' does not provide
any additional historical significance or meaning to the site.
Second, S. 3287 and H.R. 5655 provide land acquisition
authority by means of donation, purchase with donated funds, or
exchange. 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.
Third, S. 3287 and H.R. 5655 include a reference to a map
that was developed by the National Park Service in consultation
with the sponsor of H.R. 5655, Representative Barr, as well as
local landowners. However, based on additional conversations
with these landowners, the National Park Service would
recommend referencing an updated map. We would be pleased to
provide that map to the bill sponsors and the Committee.
Fourth, S. 3287 and H.R. 5655 include two conditions for
establishing Camp Nelson Heritage 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 does
not need to be included in the legislation. We therefore
recommend striking the first condition.
Finally, H.R. 5655, but not S. 3287, contains 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. 5655.
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 the H.R. 5655 as ordered
reported.
[all]