[Senate Report 106-184]
[From the U.S. Government Publishing Office]
Calendar No. 318
106th Congress Report
SENATE
1st Session 106-184
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VICKSBURG CAMPAIGN TRAIL BATTLEFIELDS ACT OF 1999
_______
October 14, 1999.--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. 710]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 710) to authorize a feasibility study on
the preservation of certain Civil War battlefields along the
Vicksburg Campaign Trail, having considered the same, reports
favorably thereon with amendments and recommends that the bill,
as amended, do pass.
The amendments are as follows:
1. On page 2, strike line 20 and all that follows through
page 3, line 2 insert the following: ``The term `Civil War
battlefield' includes the following sites (including related
structures adjacent to or thereon):'' and redesignate
subsequent provisions accordingly.
2. On page 5, strike line 8 and all that follows through
line 10 and redesignate the following subsection accordingly.
3. On page 5, strike line 15 and all that follows through
line 19 and insert the following:
``(a) In General.--Not later than 3 years after funds are
made available for this Act, the Secretary shall complete a
feasibility study to determine what measures should be taken to
preserve Civil War battlefields along the Vicksburg Campaign
Trail.''
On page 5, strike line 22 and all that follows through page
6, line 3 and insert the following:
``(1) review current National Park Service programs,
policies and criteria to determine the most appropriate means
of ensuring the Civil War battlefields and associated natural,
cultural, and historical resources are preserved;''
Purpose of the Measure
The purpose of S. 710, as ordered reported, is to authorize
the Secretary of the Interior to conduct a feasibility study on
the preservation of certain Civil War battlefields along the
Vicksburg Campaign Trail in the States of Mississippi,
Louisiana, Arkansas and Tennessee.
Background and Need
During the Civil War, the military campaign to capture
Vicksburg, Mississippi lasted 18 months and involved more than
100,000 soldiers. The battle of Vicksburg also included a
number of historic naval engagements between Union gunboats and
confederate warships on the Mississippi River.
Several other related sites throughout Mississippi,
Louisiana, Arkansas and Tennessee, used by both Union and
Confederate Armies in 1862 and 1863, were important in the
campaign and siege of Vicksburg. Many of those sites have been
listed as historically significant properties on both State and
national registries. In addition, the Mississippi Heritage
Trust identified the preservation of the campaign trail as one
of its highest priorities and placed the Vicksburg Trail on its
list of most threatened historic areas in the State.
Vicksburg National Military Park was established in 1899 to
commemorate the 47-day campaign, siege and defense of
Vicksburg. It includes the entire area of the siege and defense
lines around the city as well as the headquarters site of Major
General Ulysses S. Grant. A boundary adjustment in 1963
transferred approximately 154 acres to the city of Vicksburg
and added another 544 acres to Vicksburg National Military
Park. A 1990 boundary adjustment added Grant's Canal, a 2.5
acre site in Louisiana, to the park along with another minor
addition in Mississippi. Today the park encompasses about 1,736
acres, of which all but 6.84 are federally owned. Within the
park's boundaries a National Cemetery contains an additional
116 acres. The park is a memorial to both the soldiers and
civilians that suffered through the tragedy and conflict of the
Civil War in Vicksburg.
The proposed study would identify options for preserving
the battlefield sites, buildings, fortifications, earthworks
and other landmarks associated with the Vicksburg campaign.
These options may or may not include additions to the National
Park System.
Legislative History
S. 710 was introduced by Senators Lott, Cochran, Breaux,
Hutchison, Thomas, Craig and Murkowski on March 24, 1999.
Senator Landrieu became a cosponsor on May 4, 1999. The
Subcommittee on National Parks, Historic Preservation and
Recreation held a hearing on S. 710 on July 29, 1999.
At its business meeting on September 22, 1999, the
Committee on Energy and Natural Resources ordered S. 710,
favorably reported, as amended.
Committee Recommendation
The Committee on Energy and Natural Resources, in open
business session on September 22, 1999, by a unanimous voice
vote of a quorum present, recommends that the Senate pass S.
710, if amended as described herein.
committee amendments
During the consideration of S. 710, the Committee adopted
several amendments. The amendments: increase the amount of time
for the study to be completed to 3 years after funds are made
available; a requirement that the Park Service enter into
contracts to use advanced technology during the study; and
delete references to a map which is not relevant to the study.
The amendments are explained in detail in the section-by-
section analysis, below.
section-by-section analysis
Section 1 designates the bill's short title as the
``Vicksburg Campaign Trail Battlefields Preservation Act of
1999''.
Section 2(a) lists the findings that battlefield sites
along the Vicksburg Campaign Trail in Mississippi, Louisiana,
Arkansas and Tennessee are collectively of national
significance in the history of the Civil War and that their
preservation would contribute to the understanding of the
heritage of the United States.
Subsection (b) states that the purpose of the bill is to
authorize a feasibility study to determine what measures should
be taken to preserve certain sites along the campaign trail.
Section 3 defines key terms used in the bill.
Section 4(a) directs the Secretary of the Interior, within
3 years after the date funds are made available, to complete a
feasibility study to determine what measures should be taken to
preserve battlefields along the Vicksburg Campaign Trail.
Subsection (b)(1) directs the Secretary to review current
National Park Service programs, policies and criteria to
determine the most appropriate means of ensuring the Civil War
battlefields and associated natural, cultural and historical
resources are preserved.
Paragraph (2) directs that options for the establishment of
a management entity are to be evaluated. This governmental unit
or a private non-profit organization would: administer and
manage the battlefields; receive and disburse funds to other
groups; enter into agreements with the Federal Government,
State governments or other government units and nonprofit
organizations; and acquire land or interest in land by gift,
donation, devise or purchase from a willing seller using
donated or appropriated funds.
Paragraph (3) requires that recommendations to the Campaign
Trail States are to be made concerning the management,
preservation, and interpretation of the natural, cultural and
historical resources of the battlefields.
Paragraph (4) directs that appropriate partnerships are to
be identified in furtherance of the purposes of this Act,
including a potential partnership with the ``Friends of the
Vicksburg Campaign and Historic Trail.''
Paragraph (5) requires recommendations for the continued
local involvement and participation in the management,
protection and development of the battlefields.
Subsection (c) directs the Secretary, within 60 days of the
completion of the study, to submit a report describing the
findings to the Senate Committee on Energy and Natural
Resources and the House of Representatives Committee on
Resources.
Subsection (d) authorizes $1.5 million to carry out the
Act.
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 27, 1999.
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. 710, the Vicksburg
Campaign Trail Battlefields Preservation Act of 1999.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact for this
estimate is Deborah Reis.
Sincerely,
Barry B. Anderson
(For Dan L. Crippen, Director).
Enclosure.
S. 710--The Vicksburg Campaign Trail Battlefields Preservation Act of
1999
S. 710 would direct the National Park Service (NPS) to
conduct a feasibility study to determine how to preserve
several civil war battlefields along the Vicksburg Campaign
Trail. The study would evaluate options for designating a local
government agency or nonprofit organization as a management
entity for the battlefields, which are located in Mississippi,
Louisiana, Arkansas, and Tennessee. The agency would include in
the study any recommendations on preserving and interpreting
the battlefields and would identify potential partnerships
among government agencies and private groups. The bill would
authorize the appropriation of $1.5 million for the three-year
study and final report.
Asssuming appropriation of the authorized amount, CBO
estimates that the NPS would spend $1.5 million over the next
three years to complete the required study and report. The bill
would not affect direct spending or receipts; therefore, pay-
as-you-go procedures would not apply. S. 710 contains no
intergovernmental or private-sector mandates as defined in the
Unfunded Mandates Reform Act and would not affect the budgets
of state, local, or tribal governments.
The CBO staff contact for this estimate is Deborah Reis.
The estimate was approved by Robert A. Sunshine, 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. 710. 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. 710, as ordered reported.
executive communications
On July 29, 1999, 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 views on S. 710. These reports had not been
received at the time the report on S. 710 was filed. When the
reports become available, the Chairman will request that they
be printed in the Congressional Record for the advice of the
Senate. The testimony provided by the National Park Service at
the Subcommittee hearing follows:
Statement of Denis Galvin, Deputy Director, National Park Service, U.S.
Department of the Interior
Mr. Chairman, thank you for the opportunity to present the
U.S. Department of the Interior's views on S. 710, to authorize
a feasibility study on the preservation of certain Civil War
battlefields along the Vicksburg Campaign Trail.
The Department has no objections to S. 710. However, we
recommend several minor changes to improve the bill. Funding
for this study was not requested in the FY 2000 President's
Budget and would be contingent on National Park Service
priority needs in subsequent budget requests.
Mr. Chairman, the Vicksburg National Military Park was
established on February 21, 1899, ``to commemorate the campaign
and siege and defense of Vicksburg, and to preserve the history
of the battles and operations of the siege and defense on the
ground where they were fought * * *.'' The campaign for
Vicksburg was one of the most important strategic conflicts
during the Civil War. In fact, President Abraham Lincoln
believed Vicksburg was ``the key'' and that ``the war can never
be brought to a close until that key is in our pockets.''
Control over this stretch of the Mississippi River was vital to
ensuring the uninterrupted passage of troops and supplies from
the North to the South. It would also isolate the States of
Texas and Arkansas and the majority of Louisiana, which
comprised nearly half of the land area of the Confederacy and
upon which the South depended heavily for supplies and
soldiers.
The Vicksburg campaign began during the winter of 1862-1863
when General Ulysses S. Grant began a series of amphibious
operations, known as the Bayou Expeditions, to reduce Vicksburg
and gain control of the Mississippi River. All of the
expeditions failed. By spring of 1863, Grant moved his army
down the Louisiana bank of the Mississippi and attempted to
attack the city of Vicksburg from the south. On April 30, 1863,
Grant stormed across unopposed at Bruinsburg and turned his
army westward along the line of the Southern Railroad of
Mississippi. By May 18, 1863, advanced units of the federal
army were approaching the Confederate defenses. By late May,
after several failed attempts to take the city, Grant began a
formal siege of Vicksburg. On July 4, 1863, nearly one year
after the campaign began, Lieutenant General John C. Pemberton,
commander of the Confederate troops defending Mississippi,
officially surrendered Vicksburg. Port Hudson, another
strategic site in the war, surrendered five days later. With
these two victories, the North finally achieved its objective
to open the Mississippi River and sever the Confederacy.
Vicksburg's rich and storied past is an important part of
our Civil War history. A feasibility study that will look at
ways to preserve the battlefields along the entire Vicksburg
Campaign Trail would be helpful in interpreting for the public
the breadth and size of the campaign and its impact on the war
between the North and South. Recognition of the entire trail
may help visitors visualize the endurance, hardship,
frustration, failure and success faced by both sides of the
Civil War.
The department supports this proposal to conduct a
feasibility study of the Vicksburg Campaign Trail. However,
there are several issues that should be addressed before
Congress passes this bill. The first is the length of time
provided to complete the study. The bill requires that ``not
later than 1 year after date of enactment of the Act, the
Secretary shall complete a feasibility study . . .'' While the
bill provides authorization of $1.5 million to conduct this
comprehensive study, the department believes that given the
depth and scope and the intent of this legislation, a more
appropriate and effective application of resources would
require three years to conduct such an extensive study. The
department also recommends that the language in the bill be
modified to state that the study be completed within the
specific time once funds have been appropriated. The Department
is also concerned that the funds made available for this bill
are in addition to the funds currently made available to the
Battlefield Protection Program, which provides federal
assistance to communities to identify, assess, and protect
historic battlefields across the country. The department
recommends that Section 4(a) be amended to read as follows:
Section 4. (a) In General.--Not later than 3 years
after the funds are made available for this Act, the
Secretary shall complete a feasibility study to
determine what measures should be taken to preserve
Civil War battlefields along the Vicksburg Campaign
Trail.
Section 4(b)(1) directs the Secretary to enter into
contracts to use remote sensing, river modeling and flow
analysis for the feasibility study. The department believes
that the decision on contracting for the use of remote sensing,
river modeling, and flow analysis to complete this study should
be left to the discretion of the Secretary as the situation
dictates during the study process. The department recommends
that Section 4(b)(1) of the current bill be deleted.
Additionally, we believe the Secretary should evaluate the
feasibility of this campaign trail in light of current park
criteria to determine the most appropriate management structure
to preserve the battlefields and related areas of the Vicksburg
Campaign Trail. Therefore, the department recommends that the
current Section 4(b)(1) be struck and be amended to read as
follows:
(1) review current National Park Service programs,
policies and criteria to determine the most appropriate
means of ensuring the Vicksburg Campaign battlefields
and associated natural, cultural, and historical
resources and preserved.
The department also believes that this bill should be
evaluated in light of Public Law 105-391, which directs the
Secretary to submit a list of potential special resource
studies to Congress. The department has complied with Congress'
direction and submitted a list. Legislation was recently
introduced by the Chairman, S. 1349, to authorize the
department to study the areas on our proposed list. We hope
that the committee will carefully consider all study requests
and include them in a comprehensive bill. Further, the
department believes that all studies that may involve new areas
of the National Park System, including the Vicksburg Campaign
Trail, should be conducted according to the criteria outlined
in Public Law 105-391, and that sufficient funds should be made
available to prepare the studies directed by Congress.
Mr. Chairman, this concludes my statement. I would be
pleased to respond to questions from you or other committee
members.
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 S. 710, as ordered
reported.