[Senate Report 110-359]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 791
110th Congress                                                   Report
                                 SENATE
 2d Session                                                     110-359

======================================================================



 
    BATTLEFIELD IN SHEPHERDSTOWN, WEST VIRGINIA, RESOURCE STUDY ACT

                                _______
                                

                 June 16, 2008.--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. 1633]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 1633) to authorize the Secretary of the 
Interior to conduct a special resource study to determine the 
suitability and feasibility of including the battlefield and 
related sites of the Battle of Shepherdstown in Shepherdstown, 
West Virginia, as part of Harpers Ferry National Historical 
Park or Antietam National Battlefield, and for other purposes, 
having considered the same, reports favorably thereon with an 
amendment and recommends that the bill, as amended, do pass.
    The amendment is as follows:
    On page 2, lines 21 and 22, strike ``section 8(a) of Public 
Law 91-383 (16 U.S.C. 1a-5(a))'' and insert `'section 8(c) of 
Public Law 91-383 (16 U.S.C. 1a-5(c))''.

                                PURPOSE

    The purpose of S. 1633 is to authorize the Secretary of the 
Interior to conduct a special resource study to determine the 
suitability and feasibility of including the battlefield and 
related sites of the Battle of Shepherdstown, as part of the 
Harpers Ferry National Historical Park or Antietam National 
Battlefield.

                          BACKGROUND AND NEED

    The Battle of Shepherdstown took place on September 19, 
1862, on the banks of the Potomac River, less than one mile 
downstream from present-day Shepherdstown, West Virginia, and 
only two days after the catastrophic battle at Antietam. Other 
important Civil War battles took place in close proximity to 
Shepherdstown, including the battle at Harpers Ferry.
    The battlefield site covers approximately 300 acres, and 
includes many different land owners. Because of the threat of 
development, there is an interest in preserving as much of the 
site as possible.
    S. 1633 would authorize the Secretary of the Interior to 
study the battlefield and related sites, to determine whether 
any of the sites would be appropriate for inclusion in the 
National Park System, specifically as an addition to Harpers 
Ferry National Historical Park or Antietam National 
Battlefield.

                          LEGISLATIVE HISTORY

    S. 1633 was introduced by Senator Byrd on June 15, 2007. 
The Subcommittee on National Parks held a hearing on this bill 
on April 9, 2008.
    At its business meeting on May 7, 2008, the Committee on 
Energy and Natural Resources ordered S. 1663 favorably 
reported, with an amendment.

                        COMMITTEE RECOMMENDATION

    The Committee on Energy and Natural Resources, in open 
business session on May 7, 2008, by a voice vote of a quorum 
present, recommends that the Senate pass S. 1633, if amended as 
described herein.

                          COMMITTEE AMENDMENT

    During the consideration of S. 1663, the Committee adopted 
a technical amendment to correct the citation to the National 
Park Service General Authorities Act.

                      SECTION-BY-SECTION ANALYSIS

    Section 1(a) directs the Secretary of the Interior to 
complete a special resource study of the Battle of 
Shepherdstown to evaluate the national significance of the 
Shepherdstown battlefield site and to assess the suitability 
and feasibility of adding the site as a part of Harpers Ferry 
National Historical Park or Antietam National Battlefield.
    Subsection (b) directs the Secretary to use the criteria 
for new area studies described in section 8(c) of Public Law 
91-383 (16 U.S.C. 1a-5(c)).
    Subsection (c) directs the Secretary to submit the study to 
the Committee on Energy and Natural Resources of the Senate and 
the Committee on Natural Resources not later than 3 years after 
the date which funds were first made available
    Subsection (d) authorizes the appropriation of such sums as 
are necessary to carry out this Act.

                   COST AND BUDGETARY CONSIDERATIONS

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

S. 1633--A bill to authorize the Secretary of the Interior to conduct a 
        special resource study to determine the suitability and 
        feasibility of including the battlefield and related sites of 
        the Battle of Shepherdstown in Shepherdstown, West Virginia, as 
        part of Harper Ferry National Historical Park or Antietam 
        National Battlefield

    S. 1633 would require the National Park Service (NPS) to 
conduct a study to determine the suitability and feasibility of 
including certain sites in West Virginia related to the Battle 
of Shepherdstown in either the Harpers Ferry National 
Historical Park or the Antietam National Battlefield. Based on 
information provided by the NPS and assuming the availability 
of appropriated funds, CBO estimates that carrying out the 
proposed study would cost about $300,000 over the 2009-2012 
period. Enacting the legislation would not affect direct 
spending or revenues.
    S. 1633 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. 
This estimate was approved by Theresa Gullo, Deputy 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. 1633. The bill is not a regulatory measure in 
the sense of imposing Government-established standards or 
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 the 
enactment of S. 1633, as ordered reported.

                   CONGRESSIONALLY DIRECTED SPENDING

    S. 1633, as reported, does not contain any congressionally 
directed spending items, limited tax benefits, or limited 
tariff benefits as defined by rule XLIV of the Standing Rules 
of the Senate.

                        EXECUTIVE COMMUNICATIONS

    The testimony provided by the National Park Service at the 
April 23, 2008 hearing on S. 1633 follows:

    Statement of Katherine H. Stevenson, Acting Assistant Director, 
  Business Services, 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. 1633, a bill to 
authorize the Secretary of the Interior to conduct a special 
resource study to determine the suitability and feasibility of 
including the battlefields and related sites of the Battle of 
Shepherdstown in Shepherdstown, West Virginia, as part of 
Harpers Ferry National Historical Park or Antietam National 
Battlefield in the National Park System.
    The Department supports S. 1633. However, the Department 
feels that priority should be given to the 32 previously 
authorized studies for potential units of the National Park 
System, potential new National Heritage Areas, and potential 
additions to the National Trails System and National Wild and 
Scenic River System that have not yet been transmitted to the 
Congress.
    S. 1633 would authorize the Secretary to carry out a 
special resource study to determine the national significance 
of the Shepherdstown battlefield and related sites in 
Shepherdstown, West Virginia associated with the Civil War. The 
study would examine whether the area could be included in the 
Harpers Ferry National Historical Park or the Antietam National 
Battlefield. The bill also requires the Secretary to submit a 
report to Congress no later than 3 years after the date on 
which funds are made available to carry out this study.
    General Robert E. Lee invaded the North, with the intention 
of bringing Maryland into the Confederacy. Lee had a number of 
strategic reasons for the move. First, Lee's troops were in 
much need of military aid and supplies and Maryland's lands 
were rich in crops and untouched by battle. Second, Lee saw 
Maryland as a stepping stone to Pennsylvania, where he could 
draw the Union Army into a battle on ground of his own 
choosing. He could then threaten the cities of Washington, 
Baltimore, and Philadelphia and perhaps end the war in a short 
time. Finally, General Lee hoped that another Confederate 
Victory, this time on Union soil, might also persuade Great 
Britain and France to grant diplomatic precognition to the 
South.
    As he had done before, Lee divided his army and sent 
``Stonewall'' Jackson in to capture the Federal arsenal at 
Harpers Ferry, with its huge store of supplies. But the people 
of Maryland looked on the hungry troops as invaders who had 
come to plunder their land. Another unfortunate thing happened. 
A Union private was resting near Frederick, Maryland and 
noticed an envelope in the grass. It was a copy of General 
Lee's order to his generals outlining his plans. The paper was 
soon in the hands of General George B. McClellan.
    The Battle of Shepherdstown, also known as the Battle of 
Boteler's Ford, was fought on September 19 and 20, 1862. There 
were over 600 casualties. General Lee had moved most of his 
army back across the Potomac River into Virginia leaving 44 
cannons to form an artillery reserve to protect the vital 
crossing point on the Potomac. General McClellan had given 
orders to pursue the enemy across the Potomac. In the confusion 
of battle, General Lee received an erroneous report that his 
cannons had been captured. Reacting to this misinformation, the 
Confederates sent a force back to recover the artillery. In the 
skirmish that followed on the bluffs of the Potomac, a large 
number of inexperienced Union troops with faulty equipment were 
killed. This convinced General McClellan that the Confederate 
Army was still full of fight and he decided to delay any 
further effort to pursue until reinforced. The battle was 
considered a Confederate victory.
    The Battle of Shepherdstown was the final engagement of the 
Maryland Campaign of 1862 that included the battles of Harpers 
Ferry, South Mountain, and Antietam and ended the Confederacy's 
first invasion of the North. The National Park Service has 
provided information and interpretation on the Shepherdstown 
site at Harpers Ferry National Historical Park and Antietam 
National Battlefield for over 20 years.
    A special resource study would provide alternatives for the 
appropriate way to preserve, to protect, and to interpret the 
Battle of Shepherdtown sites and resources. We estimate that 
the costs of completing this study would be approximately 
$250,000 to $300,000.
    That concludes my testimony. I would be happy 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 the bill, S. 1633, as 
ordered reported.

                                  
