[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.

                                  
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