[Senate Report 105-387]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 618
105th Congress                                                   Report
                                 SENATE

 2d Session                                                     105-387
_______________________________________________________________________


 
                         WILDERNESS BATTLEFIELD

                                _______
                                

  October 9 (legislative day, October 2), 1998.--Ordered to be printed

_______________________________________________________________________


  Mr. Murkowski, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 1960]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 1960) to allow the National Park Service 
to acquire certain land for addition to the Wilderness 
Battlefield, as previously authorized by law, by purchase or 
exchange as well as by donation, having considered the same, 
reports favorably thereon with an amendment and recommends that 
the bill, as amended, do pass.
    The amendment is as follows:
    On page 1, line 4, strike ``525k'' and insert in lieu 
thereof, ``425k''.

                         Purpose of the Measure

    The purpose of S. 1960, as ordered reported, is to amend 
the Enabling act for Fredericksburg and Spotsylvania County 
Battlefields Memorial National Military Park to authorize the 
Secretary of the Interior to purchase additional lands within 
the boundaries of the Battlefields, and to accept one 55-acre 
parcel, only by donation, within the boundaries of the 
Wilderness Battlefield.

                          Background and Need

    The Battle of the Wilderness is legendary for the tactical 
skills employed and the caliber of the Soldiers who fought 
there. The Union Army, numerically superior and well supplied, 
were forced into confrontation with General Lee's Confederate 
troops. The battle would be one of the last in which Lee's 
marching troops would force Grant's Army to withdraw. Lt. 
General James A. Longstreet, under the command of General 
Robert E. Lee, forced back Union forces directed by General 
Ulysses S. Grant, in an advance known as ``Longstreet's Flank 
Attack.''
    S. 1960 amends Public Law 102-541 to authorize the National 
Park Service to acquire lands, previously authorized for 
addition to the Wilderness Battlefield, by donation, purchase, 
transfer or exchange. S. 1960 identifies a 55-acre tract of 
land to be acquired by donation only. The addition of this land 
to the park will complete the acquisition of lands identified 
as the Wilderness Battlefield.
    Current authority for land acquisition allows for the 
acceptance of donated lands only.

                          Legislative History

    S. 1960 was introduced by Senator Warner on April 21, 1998 
and referred to the Committee on Energy and Natural Resources. 
Since the bill's introduction, Senators Robb, Cochran, 
Torricelli, Helms, Lott, Murray, and Roth have been added as 
cosponsors. The Subcommittee on National Parks, Historic 
Preservation, and Recreation held a hearing on S. 1960 on 
September 17, 1998.
    At its business meeting on September 24, 1998, the 
Committee on Energy and Natural Resources ordered S. 1960, 
favorably reported, as amended.

                        Committee Recommendation

    The Committee on Energy and Natural Resources, in open 
business session on September 24, 1998, by a unanimous voice 
vote of a quorum present, recommends that the Senate pass S. 
1960, if amended as described herein.

                          Committee Amendment

    During the consideration of S. 1960, the Committee adopted 
a technical amendment which clarifies a cite to the United 
States Code.

                           Summary of S. 1960

    S. 1960 makes a technical correction to Public Law 102-541 
in subsection (a) and authorizes the National Park Service to 
acquire lands,already authorized by law for addition to the 
Wilderness Battlefield, by donation, purchase, transfer or exchange. 
This section also allows for one designated tract identified as PO4-04 
on the map described in subsection (a)(2) to be acquired by donation 
only.

                   Cost and Budgetary Considerations

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                Washington, DC, September 30, 1998.
Hon. Frank H. Murkowski,
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 S. 1960, a bill to 
allow the National Park Service to acquire certain land for 
addition to the Wilderness Battlefield, as previously 
authorized by law, by purchase or exchange as well as by 
donation.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                         June E. O'Neill, Director.
    Enclosure.

               congressional budget office cost estimate

S. 1960--A bill to allow the National Park Service to acquire certain 
        land for addition to the Wilderness Battlefield, as previously 
        authorized by law, by purchase or exchange as well as by 
        donation

    S. 1960 would authorize the National Park Service (NPS) to 
purchase about 525 acres of land for addition to the Wilderness 
Battlefield unit of the Fredericksburg and Spotsylvania County 
Battlefields Memorial National Military Park in Virginia. Under 
existing law, the NPS could acquire this property only by 
donation, and the acreage could only be included within the 
boundary of the battlefield after such donation.
    Based on information provided by the NPS, and assuming 
appropriation of the necessary amounts within the next two 
years, CBO estimates that the federal government would pay 
about $6.5 million to acquire the three parcels comprising the 
525 acres. Acquisition costs could be greater, however, if 
funding is delayed or if the NPS and one or more landowners 
cannot agree on sales prices. Once the property has been 
acquired, additional funds of less than $500,000 would be 
needed over the next several years to provide for pedestrian 
access, fencing, exhibits, and other site development 
activities.
    S. 1960 would not affect direct spending or receipts; 
therefore, pay-as-you-go procedures would not apply. The bill 
contains no intergovernmental or private-sector mandates as 
defined in the Unfunded Mandates Reform Act and would have no 
significant impact on the budgets of state, local, or tribal 
governments.
    The CBO staff contact is Deborah Reis. This estimate was 
approved by Paul N. Van de Water, 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 S. 1960. The bill is not a regulatory measure in 
the sense of imposing Government-established standards of 
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 
enactment of S. 1960, as ordered reported.

                        Executive Communications

    On September 3, 1998, the Committee on Energy and Natural 
Resources requested legislative reports from the Department of 
the Interior and the Office of Management and Budget setting 
forth Executive agency recommendations on S. 1960. These 
reports had not been received at the time the report on S. 1960 
was filed. When these reports become available, the Chairman 
will request that they be printed in the Congressional Record 
for the advice of the Senate. The testimony of the Department 
of the Interior at the Subcommittee hearing follows:

 Statement of Destry Jarvis, Assistant Director for External Affairs, 
           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 S. 1960. S. 1960 
would allow the National Park Service to acquire by purchase or 
exchange, in addition to donation, land previously authorized 
by P.L. 102-541 for addition to the Wilderness Battlefield of 
Fredericksburg and Spotsylvania County Battlefields Memorial 
National Military Park. The Department supports enactment of 
this bill.
    The Wilderness Battlefield is the scene of the pivotal 
Civil War engagement of May 5 and 6, 1864, which marked the 
beginning of the end of the Civil War. It was the first 
campaign in which General Ulysses S. Grant, newly promoted to 
commander-in-chief, tangled with General Robert E. Lee. Despite 
tremendous losses in the dense thickets of the Wilderness, many 
of which occurred in a mighty flank attack by Confederate 
General James Longstreet upon Union troops of the Second Corps 
commanded by General Winfield Scott Hancock, Grant doggedly 
clung to the offensive. The Battle of the Wilderness was the 
first of a long series of actions in which Grant ground down 
the Confederacy and made possible the reunification of the 
country.
    In the late 1980's and early 1990's development in the 
vicinity of the Wilderness Battlefield, and the clear threat of 
further destruction of the battlefield, drew national media 
attention. The imperative need to preserve the battle scene 
prompted passage of Public Law 102-541 (106 Stat. 3565) on 
October 27, 1992. That act authorized the National Park Service 
to acquire the scene of Longstreet's flank attack at Wilderness 
Battlefield by donation only.
    The bill before you, S. 1960, would expand that authority 
to allow the National Park Service to assist in the acquisition 
of the majority of those lands by means of purchase using 
appropriated funds or a land exchange in addition to donation. 
To date, a broad-based coalition of the National Park Service's 
private-sector partners has made significant progress toward 
preservation of the site, but some Federal assistance is also 
necessary. As proposed, S. 1960 would provide the National Park 
Service the authorities necessary to assist in the acquisition 
and protection of the Longstreet flank attack site at 
Wilderness Battlefield. Land acquisition would be subject to 
availability of funding for NPS priorities.
    Broad-based support exists for this legislation. The 
national preservation community is deeply interested. The 
owners of the land, including the NTS Corporation of Louisville 
(which holds title to 80% of the acreage in question), support 
the proposal. A large and vocal Civil War audience across the 
country has voiced strong support. The National Park Service 
recognizes the vital importance of this land to the 
preservation, management, and interpretation of Wilderness 
Battlefield. S. 1960 would provide the National Park Service 
the authorities needed to preserve some of the most important, 
as-yet unprotected, historic ground on any Civil War 
battlefield.
    There is a technical correction that needs to be made to 
the bill. The United States Code reference on line 4 of page 
one of the bill is incorrect. In the bill it reads ``16 U.S.C. 
525k note''. It should be revised to read ``16 U.S.C. 425k 
note''.
    This concludes my statement. I am prepared to answer 
questions the Committee may have regarding this legislation.

                        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 bill S. 1960, as ordered 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 102-541, October 27, 1992)

SEC. 2. ADDITION TO WILDERNESS BATTLEFIELD

           *       *       *       *       *       *       *


    (2) by striking ``1989'' and inserting in lieu thereof 
``1989, and the map entitled Fredericksburg and Spotsylvania 
National Military Park, numbered 326-40072E/89/A and dated 
September 1990''. [Provided, that this subsection shall not be 
effective until the lands included within the proposed new 
boundaries of the Fredericksburg and Spotsylvania County 
Battlefields Memorial National Military Park pursuant to this 
Act have been donated to the Secretary of the Interior.]
    (b) Lands included within the boundaries of the 
Fredericksburg and Spotsylvania County Battlefields Memorial 
National Military Park [pursuant to this section] that are 
designated P04-04 on the map described in subsection (a)(2) may 
be acquired only by donation.