[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
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June 24, 1999.--Ordered to be printed
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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.
* * * * * * *
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(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.]
* * * * * * *