[Senate Report 113-57]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 111
113th Congress                                                   Report
                     }            SENATE         {
 1st Session                                                     113-57
======================================================================

 
     CHAMPION HILL, PORT GIBSON, AND RAYMOND BATTLEFIELDS ADDITION

                                _______
                                

                 June 27, 2013.--Ordered to be printed

                                _______
                                

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

                              R E P O R T

                         [To accompany S. 305]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 305) to authorize the acquisition of core 
battlefield land at Champion Hill, Port Gibson, and Raymond for 
addition to Vicksburg National Military Park, having considered 
the same, reports favorably thereon with amendments and 
recommends that the bill, as amended, do pass.
    The amendments are as follows:
  1. On page 2, lines 6 and 7, strike ``306/100986, and dated 
October 2010'' and insert ``306/100986A (4 sheets), and dated 
July 2012''.
  2. On page 3, strike lines 5 through 7 and insert the 
following:
  (d) Authorization of Appropriations.--There is authorized to 
be appropriated to the Secretary for the acquisition and 
development of land under this Act $18,500,000.

SEC. 3. OFFSET.

  Section 7302(f) of the Omnibus Public Land Management 22 Act 
of 2009 (16 U.S.C. 469n(f)) is amended by inserting before the 
period at the end the following: ``, except that the amount 
authorized to be appropriated to carry out this section that is 
not appropriated as of the date of enactment of the Champion 
Hill, Port Gibson, and Raymond Battlefields Addition Act shall 
be reduced by $18,500,000''.

                                Purpose

    The purpose of S. 305 is to authorize the Secretary of the 
Interior to add additional lands to Vicksburg National Military 
Park in Mississippi.

                          Background and Need

    During the Civil War the military campaign to capture 
Vicksburg, Mississippi, lasted 18 months and involved more than 
100,000 soldiers. The battle of Vicksburg also included a 
number of historic naval engagements between Union gunboats and 
Confederate warships on the Mississippi River.
    Vicksburg National Military Park was established in 1899 to 
commemorate the 47-day campaign, siege and defense of 
Vicksburg. It includes the entire area of the siege and defense 
lines around the city as well as the headquarters site of Major 
General Ulysses S. Grant. The park encompasses almost 1,736 
acres, including a 116-acre National Cemetery, and is a 
memorial to both the soldiers and civilians who suffered 
through the tragedy and conflict of the Civil War in Vicksburg.
    In 1990, ongoing concerns about threats to Civil War 
battlefields and related historic properties led to the 
enactment of Public Law 101-628, the Civil War Sites Study Act, 
which authorized the Civil War Sites Advisory Commission to 
identify significant Civil War sites. Ten years later, concerns 
about possible loss of valued Civil War properties related to 
the Vicksburg Campaign led to passage of Public Law 106-487, 
the Vicksburg Campaign Trail Battlefields Preservation Act. It 
required the Secretary of the Interior to study sites in 
Arkansas, Louisiana, Mississippi, Kentucky, and Tennessee 
related to the Campaign. The study evaluated the national 
significance, suitability, feasibility, and management options 
for each identified site.
    Both the Civil War Sites Advisory Commission and the 
Vicksburg Campaign study identified Champion Hill, Port Gibson, 
and Raymond Battlefields as having decisive or major impact on 
the outcome of the Civil War. S. 305 would authorize the 
National Park Service to acquire approximately 11,000 acres of 
property located at Champion Hill, Port Gibson, and Raymond 
Battlefields for addition to Vicksburg National Military Park.

                          Legislative History

    S. 305 was introduced by Senators Cochran and Wicker on 
February 13, 2013. The Subcommittee on National Parks held a 
hearing on S. 305 on April 23, 2013. At its business meeting on 
May 16, 2013, the Committee ordered S. 305 favorably reported 
with amendments.
    In the 112th Congress, a similar bill, S. 265, was 
introduced by Senators Cochran and Wicker on February 3, 2011. 
The Subcommittee on National parks held a hearing on S. 265 on 
June 28, 2011 (S. Hrg. 112-214).

                        Committee Recommendation

    The Senate Committee on Energy and Natural Resources, in 
open business session on May 16, 2013, by a voice vote of a 
quorum present, recommends that the Senate pass S. 305, if 
amended as described herein.

                          Committee Amendments

    During its consideration of S. 305, the Committee adopted 
two amendments. The first amendment provides an updated map 
reference. The second amendment limits the amount available for 
appropriation under this Act to $18,500,000 and reduces the 
authorization for the Preserve America Program by a 
corresponding amount.

                      Section-by-Section Analysis

    Section 1 provides the short title, the ``Champion Hill, 
Port Gibson, and Raymond Battlefields Addition Act.''
    Section 2(a) authorizes the Secretary of the Interior 
(Secretary) to acquire land or interest in land within the 
areas depicted on the referenced map. The Secretary is further 
authorized to acquire these lands by donation, purchase using 
donated or appropriated funds, or exchange, except that land 
owned by the State of Mississippi may only be acquired by 
donation.
    Subsection (b) provides that a map be on file and available 
for public inspection in the appropriate offices of the 
National Park Service.
    Subsection (c) directs the Secretary to include and 
administer lands acquired under this Act as part of Vicksburg 
National Military Park.
    Subsection (d) limits the amount available for 
appropriation under this Act to $18,500,000.
    Section 3 amends section 7302(f) of the Omnibus Public Land 
Management Act of 2009 to reduce the amount authorized to be 
appropriated for the Preserve America Program by $18,500,000.

                   Cost and Budgetary Considerations

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

S. 305--Champion Hill, Port Gibson, and Raymond Battlefields Addition 
        Act

    Summary: S. 305 would authorize the National Park Service 
(NPS) to acquire and include Champion Hill, Port Gibson, and 
Raymond battlefields into the Vicksburg National Military Park 
in the state of Mississippi. Based on information provided by 
the NPS, CBO estimates that acquiring, developing, and managing 
the properties would cost $26 million over the 2014-2018 
period, assuming appropriation of the necessary funds. S. 305 
also would reduce amounts authorized to be appropriated for the 
Preserve America Grant Program by $18.5 million annually. 
Assuming appropriation actions consistent with the bill, CBO 
estimates that implementing S. 305 would reduce net 
discretionary spending for affected activities by $56 million 
over the 2014-2018 period.
    Pay-as-you-go procedures do not apply to this legislation 
because it would not affect direct spending or revenues.
    S. 305 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would not affect the budgets of state, local, or tribal 
governments.
    Estimated cost to the federal government: The estimated 
budgetary impact of S. 305 is shown in the following table. The 
costs of this legislation fall within budget function 300 
(natural resources and environment).

----------------------------------------------------------------------------------------------------------------
                                                               By fiscal year, in millions of dollars--
                                                    ------------------------------------------------------------
                                                       2014      2015      2016      2017      2018    2014-2018
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION
 
Vicksburg National Military Park
    Estimated Authorization Level..................        20         1         1         1         1         26
    Estimated Outlays..............................        15         6         1         1         I         26
Preserve America Grant Program
    Authorization Level............................       -19       -19       -19       -19       -19        -93
    Estimated Outlays..............................       -12       -16       -18       -18       -19        -82
    Total Changes
        Estimated Authorization Level..............         1       -17       -17       -17       -17        -67
        Estimated Outlays..........................         3       -10       -17       -17       -17        -56
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes that the 
bill will be enacted near the end of fiscal year 2013 and that 
annual appropriation actions will be consistent with the bill. 
Estimated outlays are based on historical spending patterns for 
similar park units and for the Preserve America Grant Program.
    S. 305 would authorize the appropriation of $18.5 million 
to acquire and develop up to 11,680 acres of land for inclusion 
in the Vicksburg National Military Park. Of those properties, 
about 2,200 acres would be donated to the NPS by the state of 
Mississippi, the Civil War Trust, and the Friends of Raymond, 
each of which owns or holds preservation easements on the 
lands. In addition to those costs, CBO estimates that the 
annual cost to operate the park would be about $1 million.
    To offset new discretionary spending authorized by the 
bill, S. 305 would reduce the amounts authorized to be 
appropriated for the Preserve America Grant Program. 
Specifically, any of those amounts ($25 million annually) that 
are not appropriated as of the date of enactment of this bill 
would be reduced by $18.5 million. (About $5 million was 
appropriated in 2010, the last year that funds were made 
available for the program.) Assuming that S. 305 is enacted 
before funds are appropriated for the program for fiscal year 
2014 and that appropriation actions in later years are 
consistent with the bill, CBO estimates that resulting 
reductions in discretionary spending for the Preserve America 
Grant Program would total $82 million over the 2014-2018 
period. However, the reduction could be lower if the Congress 
provides appropriations for 2014 before S. 305 is enacted.
    Pay-as-you-go considerations: None.
    Intergovernmental and private-sector impact: S. 305 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would not affect the budgets of state, 
local, or tribal governments.
    Estimate prepared by: Federal Costs: Martin von Gnechten; 
Impact on State, Local, and Tribal Governments: J'nell Blanco; 
Impact on the Private Sector: Amy Petz.
    Estimate 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. 305.
    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. 305, as ordered reported.

                   Congressionally Directed Spending

    In accordance with paragraph 4(b) of rule XLIV of the 
Standing Rules of the Senate, the Committee provides the 
following identification of congressionally directed spending 
items contained in the bill, as reported:

------------------------------------------------------------------------
            Section                 Provision              Member
------------------------------------------------------------------------
3.............................  Authorization of   Senator Cochran
                                 appropriations.
------------------------------------------------------------------------

                        Executive Communications

    The testimony provided by the National Park Service at the 
April 23, 2013, Subcommittee on National Parks hearing on S. 
305 follows:

  Statement of Peggy O'Dell, Deputy Director for Operations, National 
                Park Service, Department of the Interior

    Mr. Chairman and members of the Subcommittee, thank you for 
the opportunity to present the views of the Department of the 
Interior on S. 305, a bill to authorize the acquisition of core 
battlefield land at Champion Hill, Port Gibson, and Raymond for 
addition to Vicksburg National Military Park.
    The Department supports S. 305 with a technical amendment, 
which is attached to this statement. This bill would enable the 
National Park Service to add three separate battlefield sites 
to Vicksburg National Military Park, which would each make 
significant contributions to telling the story of the 
remarkable campaign that resulted in the Union Army's capture 
of the city of Vicksburg during the Civil War.
    The battlefields at Champion Hill, Port Gibson, and Raymond 
are sites of military engagement associated with the 1863 
Vicksburg Campaign. The campaign was a major milestone on the 
road that led to the final success of the Union army in the war 
and the ultimate reunification of the nation. The strategies 
and tactics of Major General Ulysses S. Grant during the 
campaign continue to be studied by modern military leaders as 
examples of excellence in generalship.
    The proposed addition of campaign battlefields to Vicksburg 
National Military Park is based on the study authorized by 
Public Law 106-487, the Vicksburg Campaign Trail Battlefields 
Preservation Act. That law directed the Secretary of the 
Interior to complete a study to determine what measures should 
be taken to preserve Civil War battlefields along the Vicksburg 
Campaign Trail. The Vicksburg Campaign Trail Feasibility Study, 
transmitted to Congress in 2006, identified Champion Hill, Port 
Gibson, and Raymond as ``Tier 1'' sites, placing them among the 
19 highest-ranked resources out of the more than 500 Vicksburg 
Campaign-related resources evaluated by the study. The study 
recommended Champion Hill and Port Gibson for addition to the 
National Park System. Raymond was viewed as adequately 
protected by the Friends of Raymond, a local non-profit group.
    All three battlefields continue to exhibit a very high 
degree of historical integrity. Most essential features remain 
intact, and modern intrusions are limited. Acquisition of the 
battlefields would allow the National Park Service to ensure 
long-term preservation of the cultural landscape and other 
cultural resources, and to better interpret the stories of the 
Vicksburg Campaign. The renewed public interest in the need to 
protect Civil War battlefields that is being generated by Civil 
War Sesquicentennial activities makes this legislation 
particularly timely. In addition, this legislation would 
advance the vision of safeguarding our historic and cultural 
heritage that the President committed to through the America's 
Great Outdoors Initiative.
    The battlefield at Port Gibson marks the first engagement 
of Grant's operations against Vicksburg after his army landed 
on Mississippi soil. After a day of battle, the Confederate 
army left the field and Grant secured his beachhead. The 
proposed boundary at Port Gibson encompasses about 3,810 acres. 
The State of Mississippi owns 14 acres in fee, and holds a 
preservation easement on 609 acres. The historic Schaifer 
House, a Civil War-era home, is extant on the property owned by 
the state. Many roads within the battlefield remain very 
similar in appearance to the mid-19th century and provide a 
strong sense of how Civil War troops moved.
    Eleven days after the battle at Port Gibson, the Union and 
Confederate armies met again on the field at Raymond. After a 
day of heavy fighting, Federal forces again prevailed and 
General Pemberton's troops withdrew to Jackson. The proposed 
boundary at Raymond encompasses about 1,520 acres. The Friends 
of Raymond owns 140 acres of this land in fee, and holds a 
preservation easement on an additional 6 acres. The battlefield 
remains largely pristine, and holds high potential for 
interpretation.
    Following the battle at Raymond and the subsequent 
occupation of Jackson, General Grant turned his army towards 
the west. On May 16, Union and Confederate forces met again, 
this time at Champion Hill. The battle was the largest, 
bloodiest, and most decisive engagement of the Vicksburg 
Campaign. By the end of the day, the Confederates were in full 
retreat towards Vicksburg. The proposed boundary at Champion 
Hill includes approximately 6,350 acres. The State owns 836 
acres in fee, and holds a preservation easement on an 
additional 558 acres. The Civil War Trust also owns 60 acres in 
fee. The historic Coker House, a Civil War-era home, is extant 
on the property owned by the State.
    In total, S. 305 authorizes the addition of up to 11,680 
acres to Vicksburg National Military Park. The State of 
Mississippi, Civil War Trust, and Friends of Raymond 
cumulatively own about 1,050 acres in fee, and hold 
preservation easements on about 1,172 acres of land. Each of 
these entities has expressed the desire to transfer its 
interests to the National Park Service. Acquisition costs for 
these properties would be nominal, since they would be donated. 
Based on current assessed property values, the acquisition 
costs for other lands in these areas are expected to average 
between $1,700 and $3,000 per acre (depending on the presence, 
if any, of marketable timber), totaling approximately $16 
million to $28 million, for acquisition in fee. The National 
Park Service would also seek to protect land through less 
costly means, such as conservation easements. Additional 
management planning involving public participation would be 
necessary to best determine the level of facilities needed to 
serve the visiting public and to identify important battlefield 
protection strategies for these new lands. The capital 
investment needed to support infrastructure and recurring 
operational costs, consequently, have not been defined in 
detail. In gross terms, annual operational costs have been 
estimated at $1 million to $1.5 million.
    Under S. 305, the properties identified for potential 
acquisition by the National Park Service would not be added to 
the boundary of, or managed as part of, Vicksburg National 
Military Park unless and until they are actually acquired.
    S. 305 enjoys strong local and national support. 
Mississippi Governor Phil Bryant and leadership at the 
Mississippi Department of Archives and History are on record as 
supporting the transfer of state lands to the National Park 
Service. The Civil War Trust and Friends of Raymond have 
expressed support for the legislation, as have elected 
officials and community leaders in Hinds and Claiborne Counties 
and the communities of Raymond and Port Gibson. This bill would 
help guarantee the preservation, protection, restoration, and 
interpretation of these important lands for current and future 
generations.
    Mr. Chairman, this concludes my statement. I would be 
pleased to answer any questions you or any members of the 
subcommittee may have.

    Proposed amendment to S. 305, Vicksburg National Military Park 
                         Battlefield Additions

    On page 2, line 7: Strike ``October 2010'' and insert 
``July 2012''.
    Explanation: This amendment substitutes a revised map of 
the three battlefield areas that would be eligible for 
acquisition by the National Park Service. The new map is 
substantively identical to the map referenced in the bill as 
introduced, but it shows more detail (i.e., more roads, public 
land survey lines) in order to provide more certainty about the 
lands that could potentially be acquired under 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. 305, 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):

              OMNIBUS PUBLIC LANDS MANAGEMENT ACT OF 2009


                           Public Law 111-11


    AN ACT To designate certain land as components of the National 
   Wilderness Preservation System, to authorize certain programs and 
  activities in the Department of the Interior and the Department of 
                  Agriculture, and for other purposes

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Omnibus 
Public Lands Management Act of 2009''.

           *       *       *       *       *       *       *


TITLE VII--NATIONAL PARK SERVICE AUTHORIZATIONS

           *       *       *       *       *       *       *



                   Subtitle D--Program Authorizations


SEC. 7302. PRESERVE AMERICA PROGRAM.

    (a) Purpose.--The purpose of this section is to authorize 
the Preserve America Program, including--

           *       *       *       *       *       *       *

    (f) Authorization of Appropriations.--There is authorized 
to be appropriated to carry out this section $25,000,000 for 
each year, to remain available until expended, except that the 
amount authorized to be appropriated to carry out this section 
that is not appropriated as of the date of enactment of the 
Champion Hill, Port Gibson, and Raymond Battlefields Addition 
Act shall be reduced by $18,500,000.

           *       *       *       *       *       *       *


                                  
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