[DOCID: f:sr102.110]
From the Senate Reports Online via GPO Access
[wais.access.gpo.gov]
Calendar No. 232
110th Congress Report
SENATE
1st Session 110-102
======================================================================
NEWTONIA CIVIL WAR BATTLEFIELDS STUDY, MISSOURI
_______
June 26, 2007.--Ordered to be printed
_______
Mr. Bingaman, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany H.R. 376]
The Committee on Energy and Natural Resources, to which was
referred the Act (H.R. 376) to authorize the Secretary of the
Interior to conduct a special resource study to determine the
suitability and feasibility of including the battlefields and
related sites of the First and Second Battles of Newtonia,
Missouri, during the Civil War as part of Wilson's Creek
National Battlefield or designating the battlefields and
related sites as a separate unit of the National Park System,
and for other purposes, having considered the same, reports
favorably thereon without amendment and recommends that the Act
do pass.
PURPOSE OF THE MEASURE
The purpose of H.R. 376 is to authorize the Secretary of
the Interior to conduct a special resources study to determine
the suitability and feasibility of including the battlefields
and related sites of the First and Second Battles of Newtonia,
Missouri, during the Civil War as part of Wilson's Creek
National Battlefield or designating the battlefields and
related sites as a separate unit of the National Park System.
BACKGROUND AND NEED
Newtonia, Missouri was the scene of two significant battles
in the Civil War, one on September 30, 1862, and the other on
October 28, 1864. The battles were fought in and around the
town of Newtonia, an area that today retains much of its
character from almost a century and a half ago. The September
30, 1862, battle involved Native American soldiers directly
fighting each other, and the October 28, 1864, battle was the
last Civil War battle fought within the borders of the State of
Missouri and the culmination of Confederate Major General
Sterling Price's 1864 Missouri Expedition.
Newtonia was important as a centralized location to lead
mines and the communities of Mt. Vernon (which housed a Union
garrison), Sarcoxie, and Neosho, making it a priority for both
sides seeking control of the Spring River and its fertile
valley.
Both battles are explained in greater detail in the
National Park Service's testimony, which is printed later in
this report. H.R. 376 will authorize the National Park Service
to conduct a special resource study to determine whether the
site is appropriate for addition to the National Park System.
LEGISLATIVE HISTORY
H.R. 376, sponsored by Representative Blunt, passed the
House of Representatives by voice vote on March 5, 2007. The
Subcommittee on National Parks held a hearing on the bill on
May 15, 2007. At its business meeting on May 23, 2007, the
Committee on Energy and Natural Resources ordered the bill
favorably reported, without amendment.
COMMITTEE RECOMMENDATION
The Senate Committee on Energy and Natural Resources, in an
open business session on May 23, 2007, by a unanimous voice
vote of a quorum present, recommends that the Senate pass H.R.
376.
SECTION-BY-SECTION ANALYSIS
Section 1(a) authorizes the Secretary of the Interior to
conduct a special resource study relating to two Civil War
battles that took place in Newton County, Missouri, in 1862 and
1864.
Subsection (b) requires the Secretary, in conducting the
study, to evaluate the national significance of the Newtonia
battlefields and their related sites; consider the findings and
recommendations prepared in 2004 by the Newtonia Battlefields
Protection Association; evaluate the suitability and
feasibility of adding the battlefields and related sites to the
Wilson's Creek National Battlefield in Missouri, as a unit of
the National Park System; analyze the impact of possible park
designation on adjacent privately-owned lands; consider
alternatives for preservation; and estimate likely costs.
Subsection (c) states the study requirements contained in
section 8 of Public Law 91-383 shall apply to the study.
Subsection (d) requires that the study be transmitted to
Congress no later than three years after the date funds are
first made available for the study.
COST AND BUDGETARY CONSIDERATIONS
The following estimate of the cost of this measure has been
provided by the Congressional Budget Office:
June 4, 2007.
Hon. Jeff Bingaman,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 376, an act to
authorize the Secretary of the Interior to conduct a special
resource study to determine the suitability and feasibility of
including the battlefields and related sites of the First and
Second Battles of Newtonia, Missouri, during the Civil War as
part of Wilson's Creek National Battlefield or designating the
battlefields and related sites as a separate unit of the
National Park System, and for other purposes.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contacts are Deborah
Reis and David Reynolds.
Sincerely,
Peter R. Orszag.
Enclosure.
H.R. 376--An act to authorize the Secretary of the Interior to conduct
a special resource study to determine the suitability and
feasibility of including the battlefields and related sites of
the First and Second Battles of Newtonia, Missouri, during the
Civil War as part of Wilson's Creek National Battlefield or
designating the battlefields and related sites as a separate
unit of the National Park System, and for other purposes
H.R. 376 would direct the Secretary of the Interior to
conduct a special resource study of sites in Missouri relating
to the First and Second Battles of Newtonia, to determine the
suitability and feasibility of including them in the National
Park System. The act would authorize the appropriation of
whatever amounts are necessary for the study and would require
the department to report on its findings and recommendations
within three years of receiving funds.
Based on information provided by the National Park Service
and assuming availability of appropriated funds, CBO estimates
that it would cost $300,000 over the next 3 years to complete
the required study and report. Enacting H.R. 376 would not
affect revenues or direct spending.
The legislation contains no intergovernmental or private-
sector mandates as defined in the Unfunded Mandates Reform Act
and would impose no costs on state, local, or tribal
governments.
The CBO staff contacts for this estimate are Deborah Reis
and David Reynolds. The estimate was approved by Peter H.
Fontaine, Deputy Assistant Director of the Budget Analysis
Division.
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. 376. 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. 376, as ordered reported.
EXECUTIVE COMMUNICATIONS
The testimony provided by the National Park Service at the
May 15, 2007 Subcommittee hearing on H.R. 376 follows:
Statement of Daniel N. Wenk, Deputy Director, National Park Service,
Department of the Interior
Mr. Chairman, thank you for the opportunity to present the
views of the Department of the Interior on H.R. 376, a bill to
authorize the Secretary of the Interior to conduct a special
resource study to determine the suitability and feasibility of
including the battlefields and related sites of the First and
Second Battles of Newtonia, Missouri, during the Civil War as
part of Wilson's Creek National Battlefield or designating the
battlefields and related sites as a separate unit of the
National Park System.
The Department supports H.R. 376 as passed by the House.
However, we believe that priority should be given to the 37
previously authorized studies for potential units of the
National Park System, potential new National Heritage Areas,
and potential additions to the National Trails System and
National Wild and Scenic River System that have not yet been
transmitted to the Congress.
H.R. 376 would authorize the Secretary to carry out a
special resource study to determine the national significance
of sites in Newton County, Missouri associated with the Civil
War. The Secretary would evaluate the national significance of
the battlefields and their related sites and analyze the
potential impact that their inclusion in the National Park
System is likely to have on Wilson's Creek National
Battlefield.
A special resource study would provide alternatives for the
appropriate way to preserve, to protect, and to interpret these
sites and resources. Those alternatives would include
recommendations on whether the area could be included as a new
unit of the National Park System, as part of the Wilson's Creek
National Battlefield, or determine if the Federal government is
the most appropriate entity to manage the site. We estimate
that the costs of completing this study would be approximately
$250,000 to $300,000.
Newtonia was the scene of two significant battles in the
Civil War, one on September 30, 1862 and the other on October
28, 1864. The battles were fought in and around the town of
Newtonia, an area that today retains much of its character from
almost a century and a half ago. The September 30, 1862 battle
involved Native American soldiers directly fighting each other,
and the October 28, 1864 battle was the last Civil War battle
fought within the borders of the State of Missouri and the
culmination of Confederate Major General Sterling Price's 1864
Missouri Expedition.
Newtonia was important as a centralized location to lead
mines and the communities of Mt. Vernon (which housed a Union
garrison), Sarcoxie, and Neosho, making it a tempting area for
both sides for control of the Spring River and its fertile
valley. Confederate Colonel Douglas Cooper had arrived in
Newtonia on September 27 and had taken over the area. On
September 30 Union troops under General James Blunt appeared
before Newtonia and the fighting began by 7:00 a.m. The
Federals began driving the enemy away from their positions; but
thanks to timely Confederate reinforcements, the Federals had
to give way and retreat. As the Union forces were retreating,
they received reinforcements and renewed their attack,
threatening the enemy right flank. The Union 3rd Indian
Battalion was heavily engaged during the attack on the right
flank as were the Confederate 1st Choctaw and Chickasaw
Regiment; in fact the two units engaged each other directly in
a desperate melee. But once again Confederate reinforcements
arrived and pushed the Federals back and into what quickly
became an all out retreat. Some Union forces retreated all the
way to Sarcoxie, some 10 miles away. Although the Confederates
won the battle, they were unable to maintain themselves in the
area due to the superior numbers of Union troops, and most
retreated into northwest Arkansas.
In the last days of October 1864, Newtonia again took
center stage. Confederate Major General Sterling Price had
launched his ``Missouri Expedition'' in September of 1864 in an
effort to retake Missouri for the Confederacy. His mission was
failing miserably by October of 1864; and after sound defeats
at the Battle of Westport on October 21-23 and the Battle of
Mine Creek, Kansas on October 25, he was desperately trying to
make his way back to Confederate Territory. Major General Price
made one last stand at Newtonia on October 28, 1864. Most of
his army continued across the Arkansas River into Texas. Troops
under the command of General Jo Shelby slowed the Union advance
of General James Blunt and held the Union forces at bay until
darkness overtook the area and allowed Shelby's men to join the
rest of the comrades in retreating to Texas. Confederate forces
would not seriously threaten to cross the Arkansas River and
invade Missouri again.
Currently the Newtonia Battlefields Protection Association
owns and maintains 25 plus acres of the Battlefields. This
includes the Ritchey Mansion and the ``Old Newtonia Cemetery''
or the ``Civil War Cemetery'' as it is locally known, with one
battle participant, Captain Richard Christian, buried in it.
There are approximately 200 graves, marked only by rough
sandstone or field stones, which are almost certainly graves of
Confederate dead.
The Newtonia Battlefields Protection Association was
instrumental in having the sites of the 1862 and the 1864
battles listed on the National Register of Historic Places. The
Ritchey Mansion was previously listed on the National Register,
and the Association revised that application after they
purchased the Mansion in 2002. The Association applied for and
received three grants from the American Battlefield Protection
Program (ABPP) of the National Park Service. Two of those
studies were archeological studies, ``Engaged the Enemy Again--
An Assessment of the 1862 and 1864 Civil War Battles at
Newtonia, Missouri;'' (Fryman 1995) and ``Newtonia Battlefields
and Archeological Survey'' (White Star 1998). Also in 2000, ``A
Preservation Plan for the Civil War Battlefields of Newtonia,
Missouri'' was funded by the ABPP and completed by Gray & Pape,
Inc.
That 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, the Committee notes that no
changes in existing law are made by the Act H.R. 376, as
ordered reported.
<all>