[Senate Report 111-327]
[From the U.S. Government Publishing Office]
Calendar No. 613
111th Congress Report
SENATE
2d Session 111-327
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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.