[Senate Report 115-68]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 86
115th Congress      }                                    {      Report
                                 SENATE
 1st Session        }                                    {      115-68

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



 
  KENNESAW MOUNTAIN NATIONAL BATTLEFIELD PARK BOUNDARY ADJUSTMENT ACT

                                _______
                                

                  May 16, 2017.--Ordered to be printed

                                _______
                                

        Ms. Murkowski, from the Committee on Energy and Natural
                   Resources, submitted the following

                              R E P O R T

                        [To accompany H.R. 558]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (H.R. 558) to adjust the boundary of the 
Kennesaw Mountain National Battlefield Park to include the 
Wallis House and Harriston Hill, and for other purposes, having 
considered the same, reports favorably thereon with an 
amendment in the nature of a substitute and recommends that the 
bill, as amended, do pass.
    The amendment is as follows:
    Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Kennesaw Mountain National 
Battlefield Park Boundary Adjustment Act''.

SEC. 2. DEFINITIONS.

    In this section:
          (1) Map.--The term ``map'' means the map entitled ``Kennesaw 
        Mountain National Battlefield Park, Proposed Boundary 
        Adjustment'', numbered 325/80,020, and dated February 2010.
          (2) Park.--The term ``Park'' means the Kennesaw Mountain 
        National Battlefield Park.
          (3) Secretary.--The term ``Secretary'' means the Secretary of 
        the Interior.

SEC. 3. KENNESAW MOUNTAIN NATIONAL BATTLEFIELD PARK BOUNDARY 
                    ADJUSTMENT.

    (a) Boundary Adjustment.--The boundary of the Park is modified to 
include the approximately 8 acres of land or interests in land 
identified as ``Wallis House and Harriston Hill'', as generally 
depicted on the map.
    (b) Map.--The map shall be on file and available for inspection in 
the appropriate offices of the National Park Service.
    (c) Land Acquisition.--The Secretary may acquire land or interests 
in land described in subsection (a) by donation, purchase from willing 
sellers, or exchange.
    (d) Administration of Acquired Land.--The Secretary shall 
administer land and interests in land acquired under this Act as part 
of the Park in accordance with applicable laws (including regulations).

                                PURPOSE

    The purpose of H.R. 558 is to adjust the boundary of the 
Kennesaw Mountain National Battlefield Park to include the 
Wallis House and Harriston Hill.

                          BACKGROUND AND NEED

    Kennesaw Mountain Battlefield in Georgia was set aside for 
preservation and protection in 1917 to commemorate the Civil 
War Battle of Kennesaw Mountain, which proved to be a major 
turning point for the Union Army and the eventual fall of 
Atlanta. The battlefield was designated as a National 
Battlefield Park in 1935.
    The Wallis House is one of the few original structures 
still remaining from the battle. Built by Josiah Wallis in 
1853, the house served as the headquarters of Union General 
Oliver O. Howard, and was the scene of heavy fighting on July 
27, 1864. Immediately north of the Wallis House is Harriston 
Hill, the site of a signal tower for General Howard's Army 
Corps during the battle.
    H.R. 558 would expand the boundary of the Battlefield and 
authorize the Secretary of the Interior to acquire 
approximately eight acres of land, including the Wallis House 
and Harriston Hill, by donation or exchange to expand the park. 
Cobb County is the current owner of the eight acres of property 
and has expressed a desire to convey the land to National Park 
Service (NPS) once the NPS is authorized to receive it.
    Currently, the battlefield enables visitors to view the 
Confederate Army positions during the battle. Adding the Wallis 
House and Harriston Hill will allow interpretation of the Union 
Army positions as well, improving visitor understanding of this 
conflict.

                          LEGISLATIVE HISTORY

    Representative Loudermilk and 7 cosponsors introduced H.R. 
558 on January 13, 2017. On January 30, 2017, H.R. 558 was 
passed by the House of Representatives.
    Senators Isakson and Perdue introduced similar legislation, 
S. 136, on January 12, 2017.
    In the 114th Congress, Senators Isakson and Perdue 
introduced a similar bill, S. 1930, on August 4, 2015. The 
Subcommittee on National Parks held a hearing on the bill on 
March 17, 2016. The Committee on Energy and Natural Resources 
met in open business session on July 13, 2016, and ordered S. 
1930 favorably reported (S. Rept. 114-320). In the House of 
Representatives, Representative Loudermilk introduced a 
companion bill, H.R. 3371, on July 29, 2015. H.R. 3371 was 
ordered to be reported by the House Committee on Natural 
Resources on February 24, 2016. On the same day, H.R. 3371 
passed by a voice vote in the House of Representatives.
    In the 113th Congress, Senators Isakson and Chambliss 
introduced S. 2571, on July 9, 2014. Representative Gingrey 
introduced a companion bill, H.R. 5003, on June 26, 2014. The 
House Natural Resources Committee's Subcommittee on Public 
Lands and Environmental Regulation held a hearing on H.R. 5003 
on September 9, 2014. On September 18, 2014, the Committee on 
Natural Resources ordered the bill to be reported as amended by 
unanimous consent.
    The Committee on Energy and Natural Resources met in open 
business session on March 30, 2017, and ordered H.R. 558 
favorably reported as amended.

                        COMMITTEE RECOMMENDATION

    The Senate Committee on Energy and Natural Resources, in 
open business session on March 30, 2017, by a majority voice 
vote of a quorum present, recommends that the Senate pass H.R. 
558, if amended as described herein.

                          COMMITTEE AMENDMENTS

    During its consideration of H.R. 558, the Committee on 
Energy and Natural Resources adopted an amendment in the nature 
of a substitute to conform the bill to the version approved by 
the Committee during the 114th Congress. The amendment is 
further described in the section-by-section analysis.

                      SECTION-BY-SECTION ANALYSIS

Section 1. Short title

    Section 1 provides a short title for the measure.

Section 2. Definitions

    Section 2 provides key definitions

Section 3. Kennesaw Mountain National Battlefield Park boundary 
        adjustment

    Section 3(a) modifies the boundary of the Kennesaw Mountain 
National Battlefield Park to include Wallis House and Harriston 
Hill.
    Subsection (b) directs the map to be on file in appropriate 
National Park Service offices and available for public 
inspection.
    Subsection (c) authorizes the Secretary of the Interior to 
acquire the approximately eight acres from by donation, 
purchase from willing sellers, or exchange.
    Subsection (d) directs the Secretary to administer the new 
acquisitions as part of the Kennesaw Mountain National 
Battlefield Park in accordance with applicable law.

                   COST AND BUDGETARY CONSIDERATIONS

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office:
    H.R. 558 would adjust the boundary of the Kennesaw Mountain 
National Battlefield Park in the state of Georgia. The bill 
would authorize the National Park Service (NPS) to acquire 
about 8 acres of land, including the Wallis house and Harriston 
Hill, by donation or exchange. Based on an analysis of 
information provided by the NPS, CBO estimates that 
implementing H.R. 558 would cost $2 million over the 2018-2022 
period to develop and operate the new property. That spending 
would be subject to the availability of appropriated funds.
    Enacting H.R. 558 would not affect direct spending or 
revenues; therefore, pay-as-you-go procedures do not apply. CBO 
estimates that enacting H.R. 558 would not increase net direct 
spending or on-budget deficits in any of the four consecutive 
10-year periods beginning in 2028.
    H.R. 558 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.
    The CBO staff contact for this estimate is Jon Sperl. The 
estimate was approved by H. Samuel Papenfuss, 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. 558. 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. 558, as ordered reported.

                   CONGRESSIONALLY DIRECTED SPENDING

    H.R. 558, 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

    Because H.R. 558 is similar to legislation considered by 
the Committee in the 114th Congress, the Committee did not 
request Executive Agency views. The testimony provided by the 
National Park Service at the hearing before the Subcommittee on 
National Parks on March 17, 2016, 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. 1930 and H.R. 3371, bills to authorize the 
Secretary of the Interior to adjust the boundary of the 
Kennesaw Mountain National Battlefield Park in the State of 
Georgia to include the Wallis House and Harriston Hill, and for 
other purposes.
    The Department supports S. 1930 and would support H.R. 3371 
if amended in accordance with this statement. This legislation 
would authorize the Secretary of the Interior to acquire by 
donation or exchange approximately 8 acres of land or interests 
in land known as the Wallis House property and Harriston Hill 
in Cobb County, Georgia.
    The Wallis house is one of the few original structures 
remaining from the Battle of Kennesaw Mountain. The house is in 
its original location, \1/2\ mile west of the park on Burnt 
Hickory Road. The Wallis house was built by Josiah Wallis in 
1853 and occupied by his family until the Civil War, when it 
was used first as a Confederate hospital and then as the 
headquarters for Union General O.O. Howard during the Battle of 
Kennesaw Mountain. General William T. Sherman was stationed at 
the Wallis house during the Battle of Kolb's Farm that took 
place at the south end of the park and immediately preceded the 
Battle of Kennesaw Mountain. Adjacent to the Wallis house is 
Harriston Hill, which offers a sweeping vista of the valley 
leading to the Confederate line atop Kennesaw Mountain. From 
this position it is clear why General Howard picked this site 
for his headquarters and signaling position. The majority of 
the park's auto tour and trails interpret Confederate 
positions. The acquisition of this site would enhance visitor 
understanding of the Union strategy during the Battle of 
Kennesaw Mountain. This addition would enable the park to 
interpret a key Union position in the last major battle leading 
to the fall of Atlanta during the Civil War.
    The Wallis house was in imminent danger of being demolished 
by a developer in 2002. The developer had purchased 26.66 acres 
including the Wallis house and adjoining Harriston Hill with 
plans to construct 43 homes on the property. In cooperation 
with the National Park Service, the Cobb Land Trust, and the 
Georgia Civil War Commission, Cobb County agreed to purchase 
the Wallis house property and the 5.5 acres encompassing 
Harriston Hill with the intent of donating the properties to 
Kennesaw Mountain National Battlefield Park. The Cobb Land 
Trust agreed to purchase 1.13 acres at the foot of Harriston 
Hill that are essential for providing visitor access to all 
properties and to donate this property to the NPS. Neither the 
county nor the Cobb Land Trust has the funds to restore, 
maintain or manage the site, and no other entity has indicated 
the interest or ability to do so.
    The NPS estimates that the site would require an immediate 
one-time cost of $1 million for repair and safety improvements, 
and an annual operational cost of $204,000 for salaries, 
supplies, and maintenance. All finds would be subject to NPS 
priorities and the availability of appropriations.
    The Department supports S. 1930 as introduced and would 
support H.R. 3371 as passed by the House if amended to conform 
to the language in S. 1930. As passed by the House, H.R. 3371 
makes the establishment of the expanded boundary subject to the 
written consent of the owners of properties that would be 
included within the new boundary. This places landowners, 
rather than Congress or the Administration, in the position of 
determining the boundary of a federal park, which we believe is 
inappropriate. This provision has the potential to create legal 
and practical confusion over the boundary since it is possible 
that a landowner could give consent, then change his or her 
mind and withdraw consent or convey the property to another 
owner who withdraws consent. If the intent of this language is 
to ensure that no land is included within the park boundary 
without the consent of the landowner, we recommend amending the 
bill to provide that the park boundary shall not be adjusted 
unless and until a specified property is acquired for the park. 
By waiting to include land in the boundary until it is acquired 
by the federal government, this approach avoids entirely the 
potential problems we see with the approach used in the House 
bill. Our recommended approach has precedent in other park 
laws.
    H.R. 3371 prohibits acquisition by condemnation of any land 
or interests in land within the boundaries of the park. 
However, the bill already limits acquisition to donation or 
exchange. If the intent of this provision is to prohibit 
condemnation of the approximately 8 acres that would be 
included in the park boundary, we believe limiting acquisition 
to donation or exchange achieves the same goal.
    H.R. 3371 also includes language that says that an activity 
outside the boundary shall not be precluded because it can be 
heard or seen inside the park boundary. The Department has 
concerns about this language. It is misleading, as it suggests 
that the NPS may have authority to preclude activities outside 
the boundaries, which it does not. Of even greater concern, 
however, is that the language could discourage park managers 
from addressing threats to park resources from external 
sources. Even though the NPS does not control what happens 
outside of its boundaries, park managers have a responsibility 
under the NPS Organic Act and other laws to work with owners of 
properties outside of park boundaries to resolve problems that 
could negatively impact the resources the NPS is responsible 
for protecting.
    Mr. Chairman, this concludes my statement. I would be happy 
to answer any questions you or any 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 as ordered 
reported.

                                  [all]