LB850 LB850 2020 2020

LEGISLATIVE BILL 850

Approved by the Governor August 06, 2020

IntroducedBostelman,Brewer,Linehan,Lowe, Brooks,byPansing 43; 23;39; 28; 37;Williams,Hunt, Hansen,Scheer,Blood, 8; 36;M.,3.19; 26;

A BILLFORANACT relatingto government; toauthorize placementofa monument tothe FirstRegiment NebraskaVolunteer Infantryatthe NationalBattlefield;toprovide dutiesfor theSecretary of State; to createa committee;to provide fortermination; and to declare an emergency. Be it enacted by the people of the State of Nebraska,

Section 1. The Legislature finds that: (1)InFebruary 1862,theBattleof Fort Donelsonwas fought in the woods ofnorthwestern .OnFebruary 13,BrigadierGeneral UlyssesS.'s Unionarmylaidsiege to Confederate fortifications surroundingthetownof Dover,fortificationsthat guarded thevital routeto Nashville.Bottledup in their trencheswere thousands of Confederate defenders; (2)Grant'sarmy hadfailedto break theConfederate lines during brutal fightingonFebruary 13.The next day,February 14, Union gunboatsonthe CumberlandRiverwererepulsedbyConfederate cannonfiringfromthe shore. In themeantime,Union reinforcementsreachedthebattlefield, including theFirst RegimentNebraskaVolunteerInfantry.That night, while both armies slept fitfullyandsnowfell uponthe camps, Confederate generalshatcheda plan for theirarmytobreak out ofencirclement and toescape toopen countryside.The FirstNebraskawouldhelp ensurethat the Confederate army wouldnotescape, andmadean important contribution tothe firstdecisive Unionvictory of the Civil War; (3)Atdawn onFebruary 15, theConfederates assaulted theUnion army's rightandforcedthe blue-clad soldiers intoheadlong retreat.By mid-morning, theUnionline hadbeenbroken. Justas the Confederates seemed poisedonthe brinkofvictory, BrigadierGeneral LewWallaceordered upthe First Nebraska, severalIllinoisandOhioregiments, and two cannon batteries toblock the Confederates'decisiveattack.Whentheattack came, reported PrivateThomas Keen,theFirstNebraska soldiers "keptup a terriblefire on them" for three quartersofan hour and the enemy withdrewinconfusion. TheNebraskans' performanceintheir firstbattledrew General Wallace'spraise: "The(First Nebraska)metthestorm, no man flinching,and their fire wasterrible.To say theydidwellis not enough. Their conductwassplendid. They alonerepelled the charge."; (4)Afterthe Confederateattack had beenturned back,Grant orderedUnion troopsatthe otherend of his line to charge enemy trenchesfromwhichtroops hadbeenwithdrawn tojoin themorningbreakout. Thischarge capturedpart of theConfederatelines, givingtheUnionarmy the upper hand. Thenext morning, theConfederatessurrendered, nettingGranta dramaticvictory along withan estimatedsixteentoseventeen thousandrebel soldiers asprisoners of war. GeneralGrantearnedhismoniker ""Grantfrom this battle; (5)CivilWar historianBruce Cattoncalledthe Battleof Fort Donelson "oneofthe most decisive engagementsof the entirewar." Itwas a devastating blowtothe Confederate strategicpositioninthe western theater, and Nashvillesoonbecamethefirst rebel state capital to fall toUnion forces. Moreover,Grant'ssuccessatFort Donelsonbrought him tonational attention. He would go on to command all Union armies by 1864; and (6)Nebraskanscan beproud oftheir regiment'srole inthis pivotal Civil Warbattle. Themembers ofthe First Nebraska deserve a monumentat the battlefield commemorating their actions. Sec.2. TheSecretary ofState shallsubmit to the Secretaryofthe Interior, asadministrator ofthe Fort DonelsonNational Battlefieldpursuantto16 U.S.C. 428fand428o,or the superintendent under 16 U.S.C.428f,assuch sections existed onJanuary 1,2020, forhis or her review,a writtenrequesttoapprove andauthorize the placingof a monument withintheboundaries of the Fort DonelsonNational Battlefieldassuch boundariesaresetforth in 16 U.S.C. 428p, assuch sectionexisted on January 1,2020, commemoratingtheFirst Regiment NebraskaVolunteer Infantryinthe Unionvictoryatthe .If the requestis approved and authorizedby theSecretary of theInterior or thesuperintendent, as applicable,thesecretaryor superintendent andtheFirst Regiment Nebraska VolunteerInfantryatFort DonelsonCommittee,created pursuantto section 3 of thisact,acting on behalf of the State ofNebraska, shall enterintoan agreement for placement of the monument. Sec.3. (1)The First RegimentNebraska VolunteerInfantryat Fort DonelsonCommitteeiscreated. Thepurposeof the committee is to provide for thecreation,production, transportation,installation,andunveilingof the monument.Thecommitteeshall consistof:An employee of the NebraskaState HistoricalSocietyappointedbythe Secretary of State; two membersof the -1- LB850 LB850 2020 2020 public who are members of a local Civil War round table organization appointed by the Secretary of State; a professor of history from the University of Nebraska appointed by the Secretary of State; and the Chairperson of the Government, Military and Veterans Affairs Committee of the Legislature or his or her designee. (2) The members of the committee shall elect a chairperson and vice- chairperson from among its appointed members during the first meeting. A member may be reelected to serve as chairperson or vice-chairperson. The committee shall meet at least twice each calendar year. A majority of the members of the committee shall constitute a quorum. (3) The committee may conduct its meetings by telephone conference call or videoconferencing, if practicable. (4) The First Regiment Nebraska Volunteer Infantry at Fort Donelson Committee shall, in conformance with regulations of the Fort Donelson National Battlefield: (a) Select a designer, sculptor, and mason, as appropriate, to create a monument and approve the design of the monument; (b) Approve the production of the monument; (c) Approve the method of transportation of the monument to the battlefield and its installation; (d) Approve the unveiling ceremony for the monument; and (e) Approve any other action the committee determines is necessary to achieve its purpose. (5) If there is a vacancy on the committee, the Secretary of State shall fill such vacancy by appointing a member to serve during the unexpired term of the member whose office has become vacant. (6) Members of the committee shall not be paid. (7) The committee shall issue electronically a report to the Government, Military and Veterans Affairs Committee of the Legislature on the progress of the creation, production, and installation of the monument and any other information the committee deems necessary before December 31 of each year. (8) The committee shall terminate upon the completion of its purpose. Sec. 4. The purpose of the First Regiment Nebraska Volunteer Infantry at Fort Donelson Committee shall be funded by gifts, grants, bequests, donations, and other privately donated funds and administered by a private foundation. No general funds of the state shall be expended for the purpose of sections 1 to 4 of this act. Sec. 5. Since an emergency exists, this act takes effect when passed and approved according to law.

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