[Senate Report 107-183]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 456
107th Congress                                                   Report
                                 SENATE
 2d Session                                                     107-183

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   VICKSBURG NATIONAL MILITARY PARK BOUNDARY MODIFICATION ACT OF 2001

                                _______
                                

                 June 27, 2002.--Ordered to be printed

                                _______
                                

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

                              R E P O R T

                         [To accompany S. 1175]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 1175) to modify the boundary of Vicksburg 
National Military Park to include the property known as 
Pemberton's Headquarters, and for other purposes, have 
considered the same, reports favorably thereon with an 
amendment and recommends that the bill, as amended, do pass.
    The amendment is as follows:
    Strike out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Vicksburg National Military Park 
Boundary Modification Act of 2002''.

SEC. 2. BOUNDARY MODIFICATION.

    The boundary of Vicksburg National Military Park is modified to 
include the property known as Pemberton's Headquarters, as generally 
depicted on the map entitled ``Boundary Map, Pemberton's Headquarters 
at Vicksburg National Military Park'', numbered 306/80015A, and dated 
August, 2001. The map shall be on file and available for inspection in 
the appropriate offices of the National Park Service.

SEC. 3. ACQUISITION OF PROPERTY.

    (a) Pemberton's Headquarters.--The Secretary of the Interior is 
authorized to acquire the properties described in section 2 and 3(b) by 
purchase, donation, or exchange, except that each property may only be 
acquired with the consent of the owner thereof.
    (b) Parking.--The Secretary is also authorized to acquire not more 
than one acre of land, or interest therein, adjacent to or near 
Pemberton's Headquarters for the purpose of providing parking and other 
facilities related to the operation of Pemberton's Headquarters. Upon 
the acquisition of the property referenced in this subsection, the 
Secretary shall add it to Vicksburg National Military Park and shall 
modify the boundaries of the park to reflect its inclusion.

SEC. 4. ADMINISTRATION.

    The Secretary shall administer any properties acquired under this 
Act as part of the Vicksburg National Military Park in accordance with 
applicable laws and regulations.

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated such sums as may be 
necessary to carry out this Act.

                                PURPOSE

    The purpose of S. 1175 is to modify the boundary of 
Vicksburg National Military Park in Mississippi to include the 
property known as Pemberton's Headquarters.

                          BACKGROUND AND NEED

    In 1895 Union and Confederate veterans organized the 
Vicksburg National Military Park Association to petition 
Congress to establish a national military park at Vicksburg. 
These associations recommended that the headquarters of both 
Union and Confederate commanders be included in the park. 
However, while the site of Union Major General Ulysses S. 
Grant's headquarters was included in the park, Confederate Lt. 
General John C. Pemberton's headquarters was left out because 
at the time the property was owned by a private party.
    The Willis-Cowan house in the city of Vicksburg was built 
between 1834 and 1836. Between May 23 and July 4, 1863 the 
building served as the headquarters for Confederate Lt. General 
John C. Pemberton during the Union siege of the city of 
Vicksburg. It was in his first floor office that Pemberton met 
with his staff on July 3, 1863 and made the decision in 
surrender the city. The building is located adjacent to the 
Balfour House which later served as the headquarters for the 
Union occupation forces. Pemberton's Headquarters (Willis-Cowan 
House) received designation as a registered National Landmark 
in 1976.
    In 1990 Congress enacted legislation (Public Law 101-442) 
which added as a new purpose to the interpretive program at 
Vicksburg National Military Park ``the campaign and siege of 
Vicksburg from April 1862 to July 4, 1863, and the history of 
Vicksburg under Union occupation during the Civil War and 
Reconstruction.'' Currently the park lacks a site in Vicksburg 
for this purpose. The acquisition of Pemberton's Headquarters 
would provide such an opportunity.

                          LEGISLATIVE HISTORY

    S. 1175 was introduced by Senators Lott and Cochran on July 
12, 2001. The Subcommittee on National Parks held a hearing on 
the bill on July 31, 2001. The Committee on Energy and Natural 
Resources considered S. 1175 and adopted an amendment in the 
nature of a substitute at its business meeting on May 15, 2002. 
The Committee ordered the bill as amended favorably reported at 
its business meeting on June 5, 2002.

                        COMMITTEE RECOMMENDATION

    The Senate Committee on Energy and Natural Resources, in 
open business session on June 5, 2002, by a voice vote of a 
quorum present, recommends that the Senate pass S. 1175, if 
amended as described herein.

                          COMMITTEE AMENDMENT

    During its consideration of S. 1175, the Committee on 
Energy and Natural Resources recommended an amendment in the 
nature of a substitute. In addition to making clarifying and 
conforming changes, the amendment authorizes the Secretary of 
the Interior to purchase up to an acre of land for use as 
parking lot next to the site. The amendment is explained in 
detail in the section-by-section analysis below.

                      SECTION-BY-SECTION ANALYSIS

    Section 1 entitles the Act the ``Vicksburg National 
Military Park Boundary Modification Act of 2002.''
    Section 2 modifies the boundary of Vicksburg National Park 
to include the property known as Pemberton's Headquarters, as 
generally depicted on the referenced map.
    Section 3(a) authorizes the Secretary of the Interior to 
acquire Pemberton's Headquarters site referenced in section 2 
and the parking lot site referenced in subsection (b) by 
purchase, donation or exchange, except that each property may 
only be acquired from willing sellers.
    Subsection (b) authorizes the Secretary up to an acre of 
land, or interest therein, adjacent to or near the Pemberton's 
Headquarters site to provide parking and other facilities 
related to the operation of the site. Upon acquisition of the 
parking site, the Secretary is directed to modify the 
boundaries of the park to reflect its inclusion.
    Section 4 directs the Secretary to administer the 
properties acquired under this Act as part of Vicksburg 
National Military Park, in accordance with applicable laws and 
regulations.
    Section 5 authorizes the appropriation of such sum as may 
be necessary to carry out the Act.

                   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 17, 2002.
Hon. Jeff Bingaman,
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. 1175, the Vicksburg 
National Military Park Boundary Modification Act of 2002.
    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.

S. 1175--Vicksburg National Military Park Boundary Modification Act of 
        2002

    S. 1175 would authorize the Department of the Interior to 
acquire an historic property, Pemberton's Headquarters, and an 
additional one acre of land (for a parking facility) in 
Vicksburg, Mississippi. Once acquired, the properties would be 
included in the boundary of the Vicksburg National Military 
Park and administered by the National Park Service (NPS).
    CBO estimates that the cost of implementing S. 1175 would 
be about $4 million, assuming appropriation of the necessary 
amounts. Of this amount, we estimate that less than $1 million 
would be used to acquired Pemberton's Headquarters and the one-
acre lot. The costs of restoring and interpreting the two 
properties and developing them for visitor use are uncertain 
because the NPS has not completed its planning and design 
process, but CBO estimates that such costs would probably be 
around $3 million. Finally, we estimate that the costs to 
operate and maintain the house and lot would be about $0.5 
million annually. This estimate is based on information 
provided by the NPS.
    The bill would not affect direct spending or receipts; 
therefore, pay-as-you-go procedures would not apply. S. 1175 
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.
    On June 14, 2002, CBO transmitted a cost estimate for H.R. 
3307, the Vicksburg National Military Park Boundary Act, as 
ordered reported by the House Committee on Resources on May 22, 
2002. The two versions of the legislation are very similar, and 
the costs are identical.
    The CBO staff contact for this estimate is Deborah Reis. 
The estimate was approved by Peter H. Fontaine, Deputy 
Assistant 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. 1175. The bill is not a regulatory measure in 
the sense of imposing Government-established standards or 
significant 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 the 
enactment of S. 1175.

                        EXECUTIVE COMMUNICATIONS

    The testimony provided by the National Park Service at the 
Subcommittee hearing follows:

 Statement of Denis P. Galvin, Deputy Director, National Park Service, 
                       Department of the Interior

    Mr. Chairman, thank you for the opportunity to present the 
Department of the Interior's views on S. 1175, which would 
modify the boundary of Vicksburg National Military Park in 
Vicksburg, Mississippi, to include the property known as 
Pemberton's Headquarters. S. 1175 would enable the National 
Park Service to acquire this property from a willing seller and 
administer it as part of the park. The bill authorizes such 
sums as necessary for this purpose.
    The Department supports S. 1175, with an amendment. 
Pemberton's Headquarters is a nationally significant resource 
that is well-suited for use as a visitor site, and its 
inclusion in Vicksburg National Military Park would enable the 
National Park Service to add an important dimension to the 
interpretation of Civil War and post-Civil War events the 
Vicksburg area.
    Pemberton's Headquarters is the building that Confederate 
Lt. General John C. Pemberton occupied during the siege of the 
city of Vicksburg led by Union Major General Ulysses S. Grant 
from May 23 to July 4, 1863. It was in this building that 
Pemberton held a council of his chief officers on July 3, 1863 
to discuss plans for surrender of the city, which occurred the 
following day. The campaign for Vicksburg is considered by many 
military historians to have been the most critical campaign of 
the Civil War, as it severed the Confederacy geographically and 
cut vital supply lines to the Confederate states and thus was 
pivotal in bringing about the Confederacy's defeat.
    The national significance of Pemberton's Headquarters was 
recognized through its designation as a National Historic 
Landmark in 1976. The building, which was constructed from 
1834-1836, is located in Vicksburg's historic district. It is 
adjacent to Balfour House, which served as the headquarters for 
the Union occupation forces following the surrender and is open 
to the public. And, it is four blocks from the historic Warren 
County Courthouse, where the military administration of the 
occupied city was conducted through Reconstruction. A visitor 
site at this location would give the National Park Service the 
opportunity not only to expand its interpretation of the siege 
of Vicksburg, but also to interpret historical events in the 
years immediately following the Union victory there. It would 
help the service fulfill legislation passed by Congress in 1990 
calling on the park to ``interpret the campaign and siege of 
Vicksburg from April 1862 to July 4, 1863, and the history of 
Vicksburg under Union Occupation during the Civil War and 
Reconstruction.''
    Acquisition of Pemberton Headquarters for inclusion in 
Vicksburg National Military Park would also fulfill the vision 
of the Union and Confederate veterans who, in 1895, petitioned 
Congress to establish a national military park at Vicksburg 
similar to those previously established at Chickamauga and 
Chattanooga, Antietam, Shiloh, and Gettysburg. Those veterans 
recommended that the headquarters of both Union and Confederate 
commanders be included in the park. However, while the site of 
Grant's headquarters was included in the park, that of 
Pemberton's was not due to the objections of the then-owner of 
the property. The current owner, who has used the building for 
a bed-and-breakfast in recent years, would now like to sell the 
property to the National Park Service so that its place in 
history will be secure.
    As you know, the Department is committed to the President's 
priority of eliminating the National Park Service's deferred 
maintenance backlog and is concerned about the development and 
life-cycle operational costs associated with expansion of parks 
already included in the National Park System. With that in 
mind, we have some concerns about the ability of the National 
Park Service to assume the costs of acquiring, preserving, and 
operating the Pemberton Headquarters property within current 
budget constraints.
    The National Park Service has not yet done an appraisal of 
the property, but the agency's land acquisition experts have 
estimated that it might cost as much as $700,000 to acquire. 
The service also does not have an estimate of the cost of 
preserving the building and the grounds and making the site 
accessible to visitors. Stabilizing the building alone would 
cost an estimated $228,000, but the cost of more extensive 
preservation would need to be determined through studies. Those 
studies would cost an estimated $191,000. The service has made 
a preliminary estimate that the cost of operating and 
maintaining the site would be approximately $425,000 annually, 
but actual costs would depend on a number of unknown factors, 
including the extent of preservation done on the site.
    The Department recommends that S. 1175 be amended to 
include language that would authorize the Secretary of the 
Interior to acquire property in the environs of Pemberton's 
Headquarters to use for off-street parking, as well as related 
visitor or administrative facilities, as no off-street parking 
currently exists at the site. This would increase acquisition, 
development, and operational costs of the site. We would be 
pleased to work with the committee to develop an amendment for 
that purpose.
    Mr. Chairman, that concludes my statement. I would be 
pleased to answer any questions you or other members of the 
Subcommittee may have.

                        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. 1175.

                                  
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