[Senate Report 106-95]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 177
106th Congress                                                   Report
                                 SENATE
 1st Session                                                     106-95

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                   WILDERNESS BATTLEFIELD IN VIRGINIA

                                _______
                                

                 June  24, 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. 955]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 955) to allow the National Park Service 
to acquire certain land for addition to the Wilderness 
Battlefield in Virginia, as previously authorized by law, by 
purchase or exchange as well as by donation, having considered 
the same, reports favorably thereon with amendments and 
recommends that the bill, as amended, do pass.
    The amendment is as follows:
    On page 1, line 7, and page 2, line 11, strike ``525k'' and 
insert in lieu thereof ``425k''.

                         Purpose of the Measure

    The purpose of S. 955, as ordered reported, is to authorize 
the Secretary of the Interior to acquire certain land for 
addition to the Wilderness Battlefield in the Commonwealth of 
Virginia, as previously authorized by law, by purchase or 
exchange.

                          Background and Need

    Public Law 105-541 authorized the expansion of the 
boundaries of Fredericksburg and Spotsylvania County 
Battlefield Memorial National Military Park to include land 
associated with the ``Battle of the Wilderness'' and an 
adjacent tract of land known as ``Longstreet's Flank Attack.''
    The park was established on February 14, 1927 and was 
transferred from the War Department to the National Park 
Service in 1933. It includes a national cemetery. Portions of 
four major Civil War battlefields, along with other historic 
sites and buildings, are within the park's boundaries. Current 
acreage is 7,787.26.80 of which 6,461.07 are federally owned; 
1,326.19 acres are privately owned.
    Public Law 105-541 authorized the National Park Service to 
acquire the scene of Longstreet's flank attack at Wilderness 
Battlefield by donation only. Although the land is available 
for acquisition, the owners do not want to donate it to the 
National Park Service.
    This legislation will authorize acquisition of the land by 
purchase or exchange as well as donation.

                          Legislative History

    S. 955 was introduced by Senators Warner, Robb and 
McConnell on May 4, 1999. The Subcommittee on National Parks, 
Historic Preservation and Recreation held a hearing on S. 955 
on May 25, 1999.
    At its business meeting on June 16, 1999, the Committee on 
Energy and Natural Resources ordered S. 955, favorably 
reported, as amended.

                        Committee Recommendation

    The Committee on Energy and Natural Resources, in open 
business session on June 16, 1999, by a unanimous voice vote of 
a quorum present, recommends that the Senate pass S. 955, if 
amended as described herein.

                          Committee Amendment

    During its consideration of S. 955, the Committee adopted a 
technical amendment which corrects U.S.C. Code citation.

                      Section-by-Section Analysis

    Section 1(a) amends Section 2(a)(2) of Public Law 105-541 
(U.S.C. 425k note; 106 Stat. 3565) to remove the limitation 
that the Secretary acquire lands only by donation.
    Subsection (b) amends Section 3(a) of Public Law 105-541 
(16 U.S.C. 4251(a) authorizes the Secretary of the Interior to 
acquire lands designated ``P04-04'' on the map referred to in 
section 2(a) numbered 326-40072E/89/A and dated September 1990 
by donation only. The restriction (donation only) has been 
removed from all other lands at the Wilderness Battlefield.
    Subsection (c) amends Public Law 101-214 (16 U.S.C. 
425k(a)) to correct the spelling of ``Spotsylvania''.

                   Cost and Budgetary Considerations

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

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, June 23, 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. 955, a bill to allow 
the National Park Service to acquire certain land for addition 
to the Wilderness Battlefield in Virginia, 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,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

               Congressional Budget Office Cost Estimate

S. 955--A bill to allow the National Park Service to acquire certain 
        land for addition to the Wilderness Battlefield in Virginia, as 
        previously authorized by law, by purchase or exchange as well 
        as by donation

    S. 955 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 $7 million to acquire the three parcels comprising the 
525 acres. 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. 955 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. 955. 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. 955, as ordered reported.

                        Executive Communications

    On May 25, 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. 955. These reports had not been 
received at the time the report on S. 955 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 Katherine Stevenson, Associate Director for Cultural 
     Resource Stewardship and Partnerships, 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. 955. S. 955 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.
    On April 28 of this year, the Administration transmitted to 
Congress a similar proposal and recommended its enactment.
    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 
overall commander of the Union army, faced 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. 955, 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. 955 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. 955 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.
    A technical correction needs to be made in two places in 
the bill. The United States Code references on line 7 of page 
one and on line 11 of page 2 of the bill are incorrect. In the 
bill these read ``16 U.S.C. 525k note''. They 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. 955, 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 101-214)

           *       *       *       *       *       *       *


    Sec. 2. (a) Boundary Revision.--In furtherance of the 
purpose of the Act entitles ``An Act to establish a national 
military park at and near Fredericksburg, Virginia, and to mark 
and preserve historical points connected with the battles of 
Fredericksburg, Spotsylvania Court House, Wilderness, and 
Chancellorsville, including Salem Church, Virginia,'' approved 
February 14, 1927 (44 Stat. 1091), the Fredericksburg and 
Spotsylvania County Battlefields Memorial National Military 
Park (hereinafter in this Act referred to as the ``park'') 
shall hereafter comprise the lands and interests in lands 
within the boundary generally depicted as ``Proposed Park 
Boundary'' on the maps entitled ``Fredericksburg and 
[Spotslyvania] Spotsylvania National Military Park''.

           *       *       *       *       *       *       *

    Sec. 3. (a) Acquisition.--The Secretary is authorized to 
acquire lands and interests in lands within the park, by 
donation, purchase with donated or appropriated funds or by 
exchange. However, the lands designated ``P04-04'' on the map 
referred to in section 2(a) numbered 326-40072E/89/A and dated 
September 1990 may be acquired only by donation.

           *       *       *       *       *       *       *

                              ----------                              


                          (Public Law 102-214)

    Sec. 2. (a)(2) by striking ``198'' and inserting in lieu 
thereof ``1989'', and the map entitled ``Fredericksburg and 
Spotsylvania National Military'', 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 may be acquired 
only by donation.]

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