[Senate Report 111-327]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 613
111th Congress                                                   Report
                                 SENATE
 2d Session                                                     111-327

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



 
       PETERSBURG NATIONAL BATTLEFIELD BOUNDARY MODIFICATION ACT

                                _______
                                

               September 27, 2010.--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 H.R. 3388]

    The Committee on Energy and Natural Resources, to which was 
referred the Act (H.R. 3388) to modify the boundary of 
Petersburg National Battlefield in the Commonwealth of 
Virginia, and for other purposes, having considered the same, 
reports favorably thereon without amendment and recommends that 
the Act do pass.

                                PURPOSE

    The purpose of H.R. 3388 is to modify the boundary of 
Petersburg National Battlefield in the Commonwealth of 
Virginia, adding approximately 7,238 acres to the battlefield.

                          BACKGROUND AND NEED

    The Petersburg National Battlefield, originally established 
as the Petersburg National Military Park in 1926, was 
transferred to the National Park Service (NPS) in 1962. It is 
located in Petersburg, Virginia, with outlying components in 
Hopewell, Dinwiddie, and Prince George Counties.
    The Petersburg Campaign was a series of Civil War battles 
around Petersburg fought from June 9, 1864, to March 25, 1865. 
The railroad supply lines running from Petersburg to the 
Confederate capital of Richmond were crucial to the supply of 
Confederate General Robert E. Lee's army and Richmond. During 
the nine months of the campaign, numerous raids were conducted, 
30 miles of trench lines constructed, and battles fought in 
attempts to cut off these lines. Lee finally abandoned both 
cities in April 1865, leading to his retreat and surrender in 
the Appomattox Campaign.
    In recent years, the Petersburg National Battlefield has 
experienced threats to its park borders from residential, 
commercial and industrial development; portions of nationally 
significant battlefields related to the Petersburg Campaign 
have already been lost due to the development of an industrial 
park, a steel recycling plant, and residential housing. 
Concerned about these losses, the NPS developed an Assessment 
of Integrity Report that identified nationally significant 
battlefield lands critical to the park's mission that lie 
outside its current boundaries, including twelve battlefields 
totaling approximately 7,238 acres, which met NPS criteria for 
integrity, interpretability, suitability, and feasibility for 
protection. The NPS completed a Final General Management Plan 
in 2005 to guide the future management of the park. It 
recommends the full 7,238-acre boundary expansion identified in 
the Assessment of Integrity Report to protect significant core 
battlefield areas.

                          LEGISLATIVE HISTORY

    H.R. 3388 was introduced by Representative Forbes on July 
29, 2009, and was passed by the House of Representatives, as 
amended, on December 7, 2009, by a voice vote (H. Rept. 111-
359). Senators Webb and Warner introduced a similar bill (S. 
2953) on January 26, 2010. The Subcommittee on National Parks 
held a hearing on the bills on May 19, 2010.
    The Committee considered H.R. 3388 at its business meeting 
on July 22, 2010, at which time it rejected an amendment 
offered by Senator Murkowski to prohibit the use of Federal 
funds to acquire lands from willing sellers for the Petersburg 
National Battlefield. At its business meeting on August 5, 
2010, the Committee on Energy and Natural Resources ordered 
H.R. 3388 favorably reported without amendment.

                        COMMITTEE RECOMMENDATION

    The Committee on Energy and Natural Resources, in open 
business session on August 5, 2010, by a voice vote of a quorum 
present, recommends that the Senate pass H.R. 3388.

                      SECTION-BY-SECTION ANALYSIS

    Section 1 contains the short title, the ``Petersburg 
National Battlefield Boundary Modification Act''.
    Section 2(a) modifies the boundary of the park to include 
properties depicted on the map, ``Petersburg National 
Battlefield Boundary Expansion'', numbered 325/80,080, and 
dated June 2007.
    Subsection (b) authorizes the Secretary of the Interior 
(Secretary) to acquire the lands or interests in land from 
willing sellers only by donation, purchase with donated or 
appropriated funds, exchange, or transfer.
    Subsection (c) directs the Secretary to administer the 
acquired lands or interests in land as part of Petersburg 
National Battlefield, in accordance with applicable laws and 
regulations.
    Section 3(a) authorizes the Secretaries of the Interior and 
the Army to transfer the administrative jurisdiction for 
approximately 1.171 acres under the jurisdiction of the 
Department of the Interior within the boundary of the 
Petersburg National Battlefield in exchange for approximately 
1.170 acres under the jurisdiction of the Department of the 
Army within the boundary of the Fort Lee Military Reservation 
adjacent to the Battlefield.
    Subsection (b) defines the land to be transferred as that 
depicted on the map titled, ``Petersburg National Battlefield 
Proposed Transfer of Administrative Jurisdiction'', numbered 
325/80,081, and dated October 2009.
    Subsection (c) sets forth the conditions of the transfer, 
including that no reimbursement or consideration shall be 
given. The transfer is to occur no later than 120 days after 
funds are made available and that the land transferred to the 
Secretary shall be administered as part of Petersburg National 
Battlefield, in accordance with applicable laws and 
regulations.

                   COST AND BUDGETARY CONSIDERATIONS

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

H.R. 3388--Petersburg National Battlefield Boundary Modification Act

    H.R. 3388 would expand the area of the Petersburg National 
Battlefield in Virginia by more than 7,000 acres. The act would 
authorize the National Park Service (NPS) to acquire the land 
by purchase, easement, exchange, or donation from private and 
nonprofit landowners, and through a land transfer from the 
Department of the Army.
    Assuming appropriation of the necessary amounts, CBO 
estimates that implementing H.R. 3388 would cost about $5 
million over the 2011-2015 period, mostly to acquire some of 
the 7,000 acres proposed to be included in the National 
Battlefield. Currently NPS estimates that the entire parcel has 
a value of about $30 million and would take 15 to 20 years to 
acquire. Based on information provided by the agency, CBO 
expects that more than half of the property would be acquired 
through purchase (at a cost of about $20 million over the next 
15 to 20 years.), while the rest would be acquired through 
easements and donations. In addition, CBO estimates that NPS 
would spend less than $500,000 annually for new trails, 
exhibits, surveys, and studies as the new acreage is acquired. 
Finally, we estimate that NPS would need about $500,000 
annually for operations and management costs. Enacting H.R. 
3388 would have no effect on direct spending or revenues; 
therefore, pay-as-you-go procedures do not apply.
    The legislation contains no intergovernmental or private-
sector mandates as defined in the Unfunded Mandates Reform Act 
and would impose no costs on state, local, or tribal 
governments.
    On November 23, 2009, CBO transmitted a cost estimate for 
H.R. 3388 as ordered reported by the House Committee on Natural 
Resources on November 18, 2009. The two versions of the 
legislation are very similar, and CBO estimates their costs 
would be the same.
    The CBO staff contact for this estimate is Deborah Reis. 
The 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 H.R. 3388.
    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 H.R. 3388, as ordered reported.

                   CONGRESSIONALLY DIRECTED SPENDING

    H.R. 3388, as ordered reported, does not contain any 
congressionally directed spending items, limited tax benefits, 
or limited tariff benefits as defined in rule XLIV of the 
Standing Rules of the Senate.

                        EXECUTIVE COMMUNICATIONS

    The views of the Department of the Interior were included 
in testimony received by the Committee at a hearing on S. 2953 
and H.R. 3388 on May 19, 2010, which is printed below:

 Statement of Stephen E. Whitesell, Associate Director, Park Planning, 
              Facilities, and Lands, National Park Service

    Mr. Chairman and members of the subcommittee, thank you for 
the opportunity to present the views of the Department of the 
Interior on S. 2953 and H.R. 3388, bills that would modify the 
boundary of Petersburg National Battlefield in the Commonwealth 
of Virginia.
    The Department supports S. 2953 and H.R. 3388. The 
Department previously testified in support of H.R. 3388, on 
November 5, 2009, before the House Subcommittee on National 
Parks, Forests and Public Lands.
    S. 2953 and H.R. 3388 are identical bills that would 
authorize two modifications to the boundary of Petersburg 
National Battlefield in the Commonwealth of Virginia. First, 
the bills would expand the currently authorized boundary of 
Petersburg National Battlefield by an additional 7,238 acres. 
The boundary expansion proposal results from an analysis of 
``core battlefields'' and a subsequent boundary adjustment 
study conducted as part of Petersburg National Battlefield's 
General Management Plan completed in 2005. Second, the bill 
authorizes a transfer of administrative jurisdiction between 
the Secretary of the Interior and the Secretary of the Army for 
a 1.7 acre parcel of land to accommodate a security perimeter 
fence at Fort Lee Military Reservation.
    The City of Petersburg lies in the corridor of intensive 
growth from Washington, D.C., to south of Richmond, Virginia. 
The region surrounding Petersburg National Battlefield has been 
and is currently experiencing significant development pressures 
impacting areas immediately adjacent to the park and 
unprotected battlefield sites. This development not only 
threatens park resources and public enjoyment, but also the 
core portions of the battlefields.
    The park commemorates the Petersburg Campaign, the longest 
sustained combative military front on American soil, in both 
time and distance. When Congress created the park in 1926, only 
a fraction of the battlefield acreage associated with the 26 
major battles of the Petersburg Campaign was included in the 
original boundary. These additional battlefields proposed to be 
added to the park will allow the public to better understand 
the size, complexity, and duration of the 9\1/2\ month 
Petersburg Campaign and siege while offering protection to 
existing park resources.
    In January 2002, in response to significant development 
pressures in the region surrounding the park and as part of its 
General Management Plan process, Petersburg National 
Battlefield undertook a detailed assessment of battlefields in 
the Petersburg Campaign cited in the Civil War Sites Advisory 
Commission (CWSAC) report of 1993 entitled ``Report on the 
Nation's Civil War Battlefields.'' The CWSAC report identified 
100,000 acres of the Petersburg battlefields as ``core 
battlefields'' encompassing all of the critical phases defined 
for a battle. Of the 100,000 acres cited, 23,000 acres were 
determined to retain historic integrity.
    During its more detailed analyses of the 23,000 acres, the 
park concentrated on those portions of the battlefields that 
were south of the Appomattox River and directly associated with 
the siege or defense of Petersburg, and that were identified as 
Class A (decisive) and Class B (major) by the CWSAC. 
Additionally, the park used historical maps and documentation 
to further refine the acreage to that constituting the portion 
of the battlefield on which both armies were engaged directly 
and that had a bearing on the outcome for each battle. Park 
staff further analyzed the integrity of these areas and their 
potential for public access and interpretation. The analyses 
disclosed that 7,238 acres met the criteria for integrity and 
interpretability.
    The estimated time period for acquisition of the 7,238 
acres of these nationally significant lands is 15-20 years. 
Virtually all of the land subject to the boundary adjustment 
represents a mixture of private and non-profit organization-
owned parcels. Agricultural and conservation easements will be 
the preferred method of acquisition for most parcels, 
particularly for those owned by nonprofit organizations. 
Easements enable protection of these battlefields from 
inappropriate development while retaining private ownership and 
compatible use of the land. Where easements are not possible, 
and there is interest by the landowners, a range of acquisition 
methods, such as donation, and fee simple acquisition from 
willing sellers based on available funding, will be utilized 
for battlefield preservation.
    If all the lands were acquired by the National Park Service 
through fee simple means, the total estimated cost would be 
$29.7 million. However, if the boundary expansion is enacted, 
the park will be pursuing partnership efforts through easements 
and donations that will likely significantly lower acquisition 
costs. The estimated costs for capital expenses (trails, 
wayside exhibits, rehabilitation of existing visitor contact 
station, etc.) and expansion-related costs (surveys, hazardous 
materials studies, etc.) are an additional $1.74 million. 
Development of visitor services and interpretation at these new 
battlefield locations would be minimal and include small 
parking areas, wayside exhibits, and trail and other 
enhancements to the sites. The annual increase in operations 
and management is estimated to be approximately $484,000. All 
numbers are in 2008 dollars. All funds are subject to NPS 
priorities and the availability of appropriations.
    Public response to the General Management Plan and the 
proposed boundary expansion have been uniformly favorable among 
local governments, organizations, and individuals. The 
Dinwiddie County Board of Supervisors adopted a resolution 
supporting future legislation to expand the boundary of the 
park as outlined in the General Management Plan. Many civic 
organizations in the Petersburg region have also indicated 
support for the proposal.
    The second main provision of the bill would authorize a 
transfer of administrative jurisdiction between the Secretary 
of the Army and the Secretary of the Interior for a 1.7 acre 
parcel of land. Following September 11, 2001, the Army was 
required to erect a perimeter fence around Fort Lee Military 
Reservation, located adjacent to Petersburg National 
Battlefield. The fence intruded slightly into the boundary of 
the park. The land exchange would transfer to the Army the 1.7 
acre of land where the perimeter fence is located, in return 
for a 1.7 acre of the military reservation to be added to the 
park. The Secretary of the Army is supportive of this 
provision. There is no cost associated with this authorization.
    Mr. Chairman, that concludes my statement. I would be happy 
to answer any questions that you or other members of the 
subcommittee may have regarding the proposed boundary 
expansions.

                        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 Act H.R. 3388, as 
ordered reported.


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