[Senate Report 107-183]
[From the U.S. Government Publishing Office]
Calendar No. 456
107th Congress Report
SENATE
2d Session 107-183
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VICKSBURG NATIONAL MILITARY PARK BOUNDARY MODIFICATION ACT OF 2001
_______
June 27, 2002.--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 S. 1175]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 1175) to modify the boundary of Vicksburg
National Military Park to include the property known as
Pemberton's Headquarters, and for other purposes, have
considered the same, reports favorably thereon with an
amendment and recommends that the bill, as amended, do pass.
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Vicksburg National Military Park
Boundary Modification Act of 2002''.
SEC. 2. BOUNDARY MODIFICATION.
The boundary of Vicksburg National Military Park is modified to
include the property known as Pemberton's Headquarters, as generally
depicted on the map entitled ``Boundary Map, Pemberton's Headquarters
at Vicksburg National Military Park'', numbered 306/80015A, and dated
August, 2001. The map shall be on file and available for inspection in
the appropriate offices of the National Park Service.
SEC. 3. ACQUISITION OF PROPERTY.
(a) Pemberton's Headquarters.--The Secretary of the Interior is
authorized to acquire the properties described in section 2 and 3(b) by
purchase, donation, or exchange, except that each property may only be
acquired with the consent of the owner thereof.
(b) Parking.--The Secretary is also authorized to acquire not more
than one acre of land, or interest therein, adjacent to or near
Pemberton's Headquarters for the purpose of providing parking and other
facilities related to the operation of Pemberton's Headquarters. Upon
the acquisition of the property referenced in this subsection, the
Secretary shall add it to Vicksburg National Military Park and shall
modify the boundaries of the park to reflect its inclusion.
SEC. 4. ADMINISTRATION.
The Secretary shall administer any properties acquired under this
Act as part of the Vicksburg National Military Park in accordance with
applicable laws and regulations.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated such sums as may be
necessary to carry out this Act.
PURPOSE
The purpose of S. 1175 is to modify the boundary of
Vicksburg National Military Park in Mississippi to include the
property known as Pemberton's Headquarters.
BACKGROUND AND NEED
In 1895 Union and Confederate veterans organized the
Vicksburg National Military Park Association to petition
Congress to establish a national military park at Vicksburg.
These associations recommended that the headquarters of both
Union and Confederate commanders be included in the park.
However, while the site of Union Major General Ulysses S.
Grant's headquarters was included in the park, Confederate Lt.
General John C. Pemberton's headquarters was left out because
at the time the property was owned by a private party.
The Willis-Cowan house in the city of Vicksburg was built
between 1834 and 1836. Between May 23 and July 4, 1863 the
building served as the headquarters for Confederate Lt. General
John C. Pemberton during the Union siege of the city of
Vicksburg. It was in his first floor office that Pemberton met
with his staff on July 3, 1863 and made the decision in
surrender the city. The building is located adjacent to the
Balfour House which later served as the headquarters for the
Union occupation forces. Pemberton's Headquarters (Willis-Cowan
House) received designation as a registered National Landmark
in 1976.
In 1990 Congress enacted legislation (Public Law 101-442)
which added as a new purpose to the interpretive program at
Vicksburg National Military Park ``the campaign and siege of
Vicksburg from April 1862 to July 4, 1863, and the history of
Vicksburg under Union occupation during the Civil War and
Reconstruction.'' Currently the park lacks a site in Vicksburg
for this purpose. The acquisition of Pemberton's Headquarters
would provide such an opportunity.
LEGISLATIVE HISTORY
S. 1175 was introduced by Senators Lott and Cochran on July
12, 2001. The Subcommittee on National Parks held a hearing on
the bill on July 31, 2001. The Committee on Energy and Natural
Resources considered S. 1175 and adopted an amendment in the
nature of a substitute at its business meeting on May 15, 2002.
The Committee ordered the bill as amended favorably reported at
its business meeting on June 5, 2002.
COMMITTEE RECOMMENDATION
The Senate Committee on Energy and Natural Resources, in
open business session on June 5, 2002, by a voice vote of a
quorum present, recommends that the Senate pass S. 1175, if
amended as described herein.
COMMITTEE AMENDMENT
During its consideration of S. 1175, the Committee on
Energy and Natural Resources recommended an amendment in the
nature of a substitute. In addition to making clarifying and
conforming changes, the amendment authorizes the Secretary of
the Interior to purchase up to an acre of land for use as
parking lot next to the site. The amendment is explained in
detail in the section-by-section analysis below.
SECTION-BY-SECTION ANALYSIS
Section 1 entitles the Act the ``Vicksburg National
Military Park Boundary Modification Act of 2002.''
Section 2 modifies the boundary of Vicksburg National Park
to include the property known as Pemberton's Headquarters, as
generally depicted on the referenced map.
Section 3(a) authorizes the Secretary of the Interior to
acquire Pemberton's Headquarters site referenced in section 2
and the parking lot site referenced in subsection (b) by
purchase, donation or exchange, except that each property may
only be acquired from willing sellers.
Subsection (b) authorizes the Secretary up to an acre of
land, or interest therein, adjacent to or near the Pemberton's
Headquarters site to provide parking and other facilities
related to the operation of the site. Upon acquisition of the
parking site, the Secretary is directed to modify the
boundaries of the park to reflect its inclusion.
Section 4 directs the Secretary to administer the
properties acquired under this Act as part of Vicksburg
National Military Park, in accordance with applicable laws and
regulations.
Section 5 authorizes the appropriation of such sum as may
be necessary to carry out the Act.
COST AND BUDGETARY CONSIDERATIONS
The following estimate of the costs of this measure has
been provided by the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, June 17, 2002.
Hon. Jeff Bingaman,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 1175, the Vicksburg
National Military Park Boundary Modification Act of 2002.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Deborah Reis.
Sincerely,
Barry B. Anderson
(For Dan L. Crippen, Director).
Enclosure.
S. 1175--Vicksburg National Military Park Boundary Modification Act of
2002
S. 1175 would authorize the Department of the Interior to
acquire an historic property, Pemberton's Headquarters, and an
additional one acre of land (for a parking facility) in
Vicksburg, Mississippi. Once acquired, the properties would be
included in the boundary of the Vicksburg National Military
Park and administered by the National Park Service (NPS).
CBO estimates that the cost of implementing S. 1175 would
be about $4 million, assuming appropriation of the necessary
amounts. Of this amount, we estimate that less than $1 million
would be used to acquired Pemberton's Headquarters and the one-
acre lot. The costs of restoring and interpreting the two
properties and developing them for visitor use are uncertain
because the NPS has not completed its planning and design
process, but CBO estimates that such costs would probably be
around $3 million. Finally, we estimate that the costs to
operate and maintain the house and lot would be about $0.5
million annually. This estimate is based on information
provided by the NPS.
The bill would not affect direct spending or receipts;
therefore, pay-as-you-go procedures would not apply. S. 1175
contains no intergovernmental or private-sector mandates as
defined in the Unfunded Mandates Reform Act and would have no
significant impact on the budgets of state, local, or tribal
governments.
On June 14, 2002, CBO transmitted a cost estimate for H.R.
3307, the Vicksburg National Military Park Boundary Act, as
ordered reported by the House Committee on Resources on May 22,
2002. The two versions of the legislation are very similar, and
the costs are identical.
The CBO staff contact for this estimate is Deborah Reis.
The estimate was approved by Peter H. Fontaine, Deputy
Assistant 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. 1175. The bill is not a regulatory measure in
the sense of imposing Government-established standards or
significant 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. 1175.
EXECUTIVE COMMUNICATIONS
The testimony provided by the National Park Service at the
Subcommittee hearing follows:
Statement of Denis P. Galvin, Deputy Director, National Park Service,
Department of the Interior
Mr. Chairman, thank you for the opportunity to present the
Department of the Interior's views on S. 1175, which would
modify the boundary of Vicksburg National Military Park in
Vicksburg, Mississippi, to include the property known as
Pemberton's Headquarters. S. 1175 would enable the National
Park Service to acquire this property from a willing seller and
administer it as part of the park. The bill authorizes such
sums as necessary for this purpose.
The Department supports S. 1175, with an amendment.
Pemberton's Headquarters is a nationally significant resource
that is well-suited for use as a visitor site, and its
inclusion in Vicksburg National Military Park would enable the
National Park Service to add an important dimension to the
interpretation of Civil War and post-Civil War events the
Vicksburg area.
Pemberton's Headquarters is the building that Confederate
Lt. General John C. Pemberton occupied during the siege of the
city of Vicksburg led by Union Major General Ulysses S. Grant
from May 23 to July 4, 1863. It was in this building that
Pemberton held a council of his chief officers on July 3, 1863
to discuss plans for surrender of the city, which occurred the
following day. The campaign for Vicksburg is considered by many
military historians to have been the most critical campaign of
the Civil War, as it severed the Confederacy geographically and
cut vital supply lines to the Confederate states and thus was
pivotal in bringing about the Confederacy's defeat.
The national significance of Pemberton's Headquarters was
recognized through its designation as a National Historic
Landmark in 1976. The building, which was constructed from
1834-1836, is located in Vicksburg's historic district. It is
adjacent to Balfour House, which served as the headquarters for
the Union occupation forces following the surrender and is open
to the public. And, it is four blocks from the historic Warren
County Courthouse, where the military administration of the
occupied city was conducted through Reconstruction. A visitor
site at this location would give the National Park Service the
opportunity not only to expand its interpretation of the siege
of Vicksburg, but also to interpret historical events in the
years immediately following the Union victory there. It would
help the service fulfill legislation passed by Congress in 1990
calling on the park to ``interpret the campaign and siege of
Vicksburg from April 1862 to July 4, 1863, and the history of
Vicksburg under Union Occupation during the Civil War and
Reconstruction.''
Acquisition of Pemberton Headquarters for inclusion in
Vicksburg National Military Park would also fulfill the vision
of the Union and Confederate veterans who, in 1895, petitioned
Congress to establish a national military park at Vicksburg
similar to those previously established at Chickamauga and
Chattanooga, Antietam, Shiloh, and Gettysburg. Those veterans
recommended that the headquarters of both Union and Confederate
commanders be included in the park. However, while the site of
Grant's headquarters was included in the park, that of
Pemberton's was not due to the objections of the then-owner of
the property. The current owner, who has used the building for
a bed-and-breakfast in recent years, would now like to sell the
property to the National Park Service so that its place in
history will be secure.
As you know, the Department is committed to the President's
priority of eliminating the National Park Service's deferred
maintenance backlog and is concerned about the development and
life-cycle operational costs associated with expansion of parks
already included in the National Park System. With that in
mind, we have some concerns about the ability of the National
Park Service to assume the costs of acquiring, preserving, and
operating the Pemberton Headquarters property within current
budget constraints.
The National Park Service has not yet done an appraisal of
the property, but the agency's land acquisition experts have
estimated that it might cost as much as $700,000 to acquire.
The service also does not have an estimate of the cost of
preserving the building and the grounds and making the site
accessible to visitors. Stabilizing the building alone would
cost an estimated $228,000, but the cost of more extensive
preservation would need to be determined through studies. Those
studies would cost an estimated $191,000. The service has made
a preliminary estimate that the cost of operating and
maintaining the site would be approximately $425,000 annually,
but actual costs would depend on a number of unknown factors,
including the extent of preservation done on the site.
The Department recommends that S. 1175 be amended to
include language that would authorize the Secretary of the
Interior to acquire property in the environs of Pemberton's
Headquarters to use for off-street parking, as well as related
visitor or administrative facilities, as no off-street parking
currently exists at the site. This would increase acquisition,
development, and operational costs of the site. We would be
pleased to work with the committee to develop an amendment for
that purpose.
Mr. Chairman, that concludes my statement. I would be
pleased to answer any questions you or other 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 S. 1175.