[Senate Report 114-308]
[From the U.S. Government Publishing Office]
Calendar No. 580
114th Congress } { Report
SENATE
2d Session } { 114-308
======================================================================
PETERSBURG NATIONAL BATTLEFIELD BOUNDARY MODIFICATION
_______
August 30, 2016.--Ordered to be printed
Filed, under authority of the the order of the Senate of July 14, 2016
_______
Ms. Murkowski, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 718]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 718) to modify the boundary of Petersburg
National Battlefield in the Commonwealth of Virginia, and for
other purposes, 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 1, line 8, insert ``Proposed'' before
``Boundary''.
2. On page 1, line 9, strike ``June 2007'' and insert
``March 2016''.
3. On page 2, strike line 3 and insert the following:
(b) Acquisition of Properties.--
(1) Authority.--The Secretary of
4. On page 2, between lines 8 and 9, insert the following:
(2) Technical correction.--Section 313(a) of the
National Parks and Recreation Act of 1978 (Public Law
95-625; 92 Stat. 3479) is amended by striking ``twenty-
one'' and inserting ``23''.
5. On page 3, line 6, strike ``May 2011'' and insert
``March 2016''.
6. On page 3, strike lines 15 through 20 and insert the
following:
(B) Management.--
(i) Land transferred to the secretary
of the army.--The land transferred to
the Secretary of the Army under
paragraph (1)(A) shall be excluded from
the boundary of the Petersburg National
Battlefield.
(ii) Land transferred to the
secretary.--The land transferred to the
Secretary under paragraph (1)(B)
shall--
(I) be included within the
boundary of the Petersburg
National Battlefield; and
(II) be administered as part
of the Petersburg National
Battlefield, in accordance with
applicable laws (including
regulations).
Purpose
The purpose of S. 718 is to modify the boundary of
Petersburg National Battlefield in the Commonwealth of Virginia
to include approximately 7,238 acres.
Background and Need
The Battle of Petersburg during the Civil War holds the
distinction as the longest siege in American history. The
campaign lasted 292 days; involved 108 separate battles and
engagements; involved more than 180,000 soldiers; and produced
some 60,000 casualties. While not a classic siege, it was a
precursor to the trench warfare that would be seen in World War
I. The campaign was also significant for the contributions of
some 16,000 African Americans, the largest corps of the United
States Colored Troops.
In 1926, Congress created the Petersburg National Military
Park to commemorate the campaign and siege and defense of
Petersburg, Virginia in 1864 and 1865 and to preserve for
historical purposes the breastworks, earthworks, walls, or
other defenses or shelters used by the armies during the
Petersburg campaign (Public Law 69-467). At the time, only a
portion of the 26 major battles of the Petersburg Campaign was
included in the park boundary. Petersburg National Military
Park was transferred to the National Park Service (NPS) in
1949, and renamed the Petersburg National Battlefield in 1962.
S. 718 authorizes the expansion of the Petersburg National
Battlefield by 7,238 acres to allow for the protection of
additional sites and resources key to the Petersburg Campaign
not currently within the park boundary.
The lands identified for inclusion make up several parcels
where key engagements occurred during the siege. These sites
are not currently within the National Battlefield boundary and
are exposed to surrounding development and significant growth
taking place in the region. In addition, the 1993 Civil War
Sites Advisory Commission Report on the Nation's Civil War
Battlefields identified Petersburg as a Priority I battlefield
with critical need for protection.
In addition to the boundary modification, the bill also
transfers an equal amount of acreage between the Department of
the Army and the Department of the Interior near the
Battlefield. The Department of the Army will acquire 1.17 acres
of land that includes a gated entrance to Fort Lee in exchange
for transferring 1.17 acres of land historically relevant to
the Battlefield to the NPS. This would authorize NPS to acquire
a complete parcel of land and potentially facilitate a land
exchange that would allow NPS to dispose of land that does not
add to the Battlefield's mission or enhance interpretation of
the site.
Legislative History
S. 718 was introduced by Senators Warner and Kaine on March
11, 2015. The Subcommittee on National Parks held a hearing on
S. 718 on March 17, 2016.
In the 113th Congress, Senators Warner and Kaine introduced
a similar bill to S. 718, S. 1718, on November 18, 2013. The
Subcommittee on National Parks held a hearing on S. 1718 on
July 23, 2014 (S. Hrg. 113-493). Representative Forbes
introduced a similar bill, H.R. 2634, on August 29, 2013 that
was referred to the House Committee on Natural Resources and
the House Committee on Armed Services.
Representative Forbes introduced a similar bill, H.R. 1621,
on March 25, 2015. A hearing was held on H.R. 1621 in the House
Natural Resources Subcommittee on Federal Lands on February 11,
2016. H.R. 1621 was ordered reported by the Committee on
Natural Resources on May 11, 2016.
The Committee on Energy and Natural Resources met in open
business session on July 13, 2016, and ordered S. 718 favorably
reported as amended.
Committee Recommendation
The Senate Committee on Energy and Natural Resources, in
open business session on July 13, 2016, by a majority voice
vote of a quorum present, recommends that the Senate pass S.
718, if amended as described herein.
Committee Amendment
During its consideration of S. 718, the Committee adopted
amendments to modify certain map dates and make a clarifying
correction relating to the maximum acreage for Eppes Manor.
Section-by-Section Analysis
Section 1. Petersburg National Battlefield boundary modification.
Section 1(a) modifies the boundary of the Petersburg
National Boundary to include the land and interests in the land
as generally depicted on the map titled, ``Petersburg National
Battlefield Proposed Boundary Expansion,'' numbered 325/80,080,
and dated March 2016, which shall be on file for public
inspection.
Subsection (b) authorizes the Secretary of the Interior to
acquire land and interests in land, as described in subsection
(a), from willing sellers only, by donation, purchase with
donated or appropriated funds, exchange, or transfer. This
section also provides for a technical correction that increases
the cap on NPS lands at the City Points Unit from 21 acres to
23 acres to allow for a land transfer and disposition.
Subsection (c) authorizes the Secretary to administer the
lands or interest in lands acquired under subsection (b) as
part of the Petersburg National Battlefield in accordance with
applicable laws and regulations.
Subsection (d) transfers administrative jurisdiction from
the Secretary of the Interior to the Secretary of the Army over
the approximately 1.170 acre parcel of land depicted on the map
as ``Area to be transferred to Fort Lee Military Reservation.''
This section also transfers administrative jurisdiction from
the Secretary of the Army to the Secretary of the Interior over
the approximately 1.171 acre parcel of land described as ``Area
to be transferred to Petersburg National Battlefield'' on the
map. The map is titled ``Petersburg National Battlefield
Proposed Transfer of Administrative Jurisdiction,'' numbered
325/80,801A and dated March 2016 and is directed to be on file
and available for public inspection. The transfer of
administrative jurisdiction is subject to the following
conditions: no reimbursement or consideration; land transferred
to the Secretary of the Army shall be excluded from the
boundary of the Petersburg National Battlefield; and land
transferred to the Secretary of the Interior shall be included
within the boundary of the Petersburg National Battlefield.
Cost and Budgetary Considerations
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, August 9, 2016.
Hon. Lisa Murkowski,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
Dear Madam Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 718, a bill to
modify the boundary of Petersburg National Battlefield in the
Commonwealth of Virginia, and for other purposes.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Jon Sperl.
Sincerely,
Keith Hall, Director.
Enclosure.
S. 718--A bill to modify the boundary of Petersburg National
Battlefield in the Commonwealth of Virginia, and for other
purposes
S. 718 would revise the boundary of the Petersburg National
Battlefield in Virginia to include 12 additional Civil War
battlefield areas over approximately 7,200 acres. The bill
stipulates that the National Park Service (NPS) may acquire the
additional land through a donation, with donated funds, with
appropriated amounts, or through a land exchange. The bill also
would exchange administrative jurisdiction over two small
parcels of land between the Department of the Army and the
Department of the Interior and would raise from 21 acres to 23
acres a limitation on the acreage NPS can acquire from a
specific parcel.
Based on recent sales prices of comparable tracts of land
and information from NPS, CBO estimates that the cost to
acquire and administer the additional sites would be between
$15 million and $30 million over the 2017-2021 period. Total
costs would depend on the average price per acre which,
according to land transactions data, could range from $2,000
per acre to $4,000 per acre.
Because enacting S. 718 would not affect direct spending or
revenues, pay-as-you-go procedures do not apply. CBO estimates
that enacting S. 718 would not increase net direct spending or
on-budget deficits in any of the four consecutive 10-year
periods beginning in 2027.
S. 718 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 April 26, 2016, CBO transmitted a cost estimate for H.R.
1621, as ordered reported by the House Committee on Natural
Resources on March 16, 2016. The two pieces of legislation are
similar and CBO's estimates of their budgetary effects are the
same.
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 S. 718. 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. 718, as ordered reported.
Congressionally Directed Spending
S. 718, 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 testimony provided by the National Park Service at the
March 17, 2016, Subcommittee on National Parks hearing on S.
718 follows:
Statement of Peggy O'Dell, Deputy Director for Operations, National
Park Service, U.S. 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. 718, a bill to modify the boundary of Petersburg
National Battlefield in the Commonwealth of Virginia, and for
other purposes.
The Department supports S. 718 with amendments described
later in this statement.
S. 718 has two components. First, the bill would expand the
authorized boundary of Petersburg National Battlefield by
approximately 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 2004. Second, the bill would effect a land
exchange between the Secretary of the Interior and the
Secretary of the Army involving approximately one acre.
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
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
boundary. The additional lands proposed to be added to the park
by S. 718 would 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 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
found 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. 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, other acquisition methods, such as
donation and fee simple acquisition from willing sellers based
on available funding, will be utilized for battlefield
preservation.
Under a 2008 estimate, the total estimated cost of
purchasing in fee simple all of the 7,238 acres would be $29.7
million. Protection of land through easements and donations,
which is anticipated for a large portion of the lands, would
likely significantly lower acquisition costs and is the
Department's preferred method of protection. The estimated cost
for capital expenses (trails, wayside exhibits, rehabilitation
of existing visitor contact station, etc.) and expansion-
related costs (surveys, hazardous materials studies, etc.) is
$1.9 million. Development of visitor services and
interpretation at these new battlefield locations would be
minimal and include small parking areas, wayside exhibits, and
trails and other enhancements to the sites. The annual increase
in park operation and maintenance is estimated to be $531,000.
Development and operational numbers are in 2014 dollars. All
funds would be subject to NPS priorities and the availability
of appropriations.
Public response to the General Management Plan and the
proposed boundary expansion has been 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 bill would also effect a transfer of administrative
jurisdiction between the Secretary of the Army and the
Secretary of the Interior involving two small parcels of land.
Following the attacks of September 11, 2001, the Army was
required to erect a perimeter fence around the Fort Lee
Military Reservation, located adjacent to Petersburg National
Battlefield. The fence intruded slightly into the boundary of
the park. Effective upon enactment of this bill, the Army would
receive administrative jurisdiction over the 1.170 acres of
park land where the perimeter fence is located and the National
Park Service would receive 1.171 acres of land at Fort Lee. The
Secretary of the Army is supportive of this provision. There is
no cost associated with this authorization.
We recommend amending S. 718 to increase the acreage
ceiling at the City Point unit from 21 acres to 25 acres. In
1978, Petersburg National Battlefield was authorized to acquire
the Eppes family property at City Point in Hopewell, provided
that the amount of land acquired did not exceed 21 acres
[Public Law 95-625]. The Conservation Fund owns land adjacent
to the park property at the City Point unit that was purchased
for the battlefield, and that land would be added to the park
boundary under this bill. However, the addition of that land
would exceed the 21-acre limit on land the park is authorized
to acquire at City Point. Raising that limit to 25 acres would
ensure that there is no conflict between the 1978 authority and
this bill. In addition, ensuring clear legal authority for the
park's acquisition of the Conservation Fund land would
facilitate a potential land exchange that would enable the NPS
to dispose of a portion of the park's property at City Point
that has no relevance to the park's mission or interpretive
themes.
In addition, due to the need for technical corrections in
both of the maps that are referenced in the bill, we recommend
amending both of the map references to reflect the updated
maps. We also recommend language that specifies that the land
transferred to the Army be excluded from the park boundary. We
will provide the committee with the revised maps and suggested
amendments.
Mr. Chairman, this concludes my statement. I would be happy
to answer any questions that you or other members of the
subcommittee may have regarding this bill.
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 original bill, as 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):
NATIONAL PARKS AND RECREATION ACT OF 1978
Public Law 95-625
* * * * * * *
TITLE III--BOUNDARY CHANGES
* * * * * * *
ADDITION OF EPPES MANOR TO PETERSBURG NATIONAL BATTLEFIELD
Sec. 313. (a) The Secretary is authorized to acquire the
historic Eppes Manor, and such other lands adjacent thereto,
not to exceed [twenty-one] 23 acres for addition to the
Petersburg National Battlefield, as generally depicted on the
map entitled ``Petersburg National Battlefield, Virginia'',
numbered APMA 80,001, and dated May 1978.
* * * * * * *
[all]