[Senate Report 113-26]
[From the U.S. Government Publishing Office]
Calendar No. 57
113th Congress Report
SENATE
1st Session 113-26
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LOWER MISSISSIPPI RIVER AREA STUDY ACT
_______
April 22, 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. 311]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 311) to direct the Secretary of the
Interior to study the suitability and feasibility of
designating sites in the Lower Mississippi River Area in the
State of Louisiana as a unit of the National Park System, and
for other purposes, having considered the same, reports
favorably thereon with an amendment and recommends that the
bill, as amended, do pass. The amendment is as follows:
On page 3, strike lines 9 through 11.
PURPOSE
The purpose of S. 311 is direct the Secretary of the
Interior to study the suitability and feasibility of
designating certain historic sites along the Lower Mississippi
River in Louisiana as a unit of the National Park System.
BACKGROUND AND NEED
The Lower Mississippi River area in Plaquemines Parish in
Louisiana has rich historical significance and cultural
history. In the 1500s, Spanish explorers traveled along the
banks of the river. In 1699, the area became the site of the
first fortification on the Lower Mississippi River, Fort
Mississippi. Since then, it has been home to ten different
fortifications, including Fort St. Philip and Fort Jackson. The
two forts are located on opposite banks at a turn in the river
known as Plaquemines Bend in the Head of Passes. The Head of
Passes, the section of the Mississippi River where the main
stem of the river branches into three distinct segments, is
considered the mouth of the Mississippi River.
Fort St. Philip was originally built by the French in 1746
and rebuilt by the Spanish in 1791. President Andrew Jackson
repaired the fort in anticipation of a British attack during
the War of 1812. Fort Jackson, named after Andrew Jackson, was
completed in 1832 to provide further protection for New
Orleans.
Fort St. Philip and Fort Jackson were heavily fortified
during the Civil War. The Confederate command felt that the
presence of these two forts made enemy passage up the
Mississippi River impossible. Union leadership determined that
though considerable in strength, the two forts were not
impenetrable and that opening the river to Union navigation
from Memphis, Tennessee, downstream to the Gulf was necessary
for the war effort. Eight days of heavy bombardment led to the
bloodless surrender of both forts, giving the North control of
the river, which was a crippling blow to the Confederacy.
Fort St. Philip was not regularly garrisoned after 1871 and
was later sold at public auction. From 1978-1989 it served as
the site of a nonsectarian spiritual community, and it remains
in private ownership, today. Fort Jackson was badly damaged by
the Civil War bombardment. It was repaired and used as a
prison; then later a minor training base during the Spanish-
American War and World War I; and then sold as surplus. The
buyers donated the 82-acre site to the Parish of Plaquemines
where after considerable renovation it was converted into a
historical park and recreation area. Hurricanes Katrina and
Rita completely flooded the fort destabilizing the walls that
were further damaged by large trees that toppled some of the
ramparts.
In addition to its rich military history, there are many
other unique attributes of the Lower Mississippi region. This
area is home to the longest continuous river road and levee
system in the United States. The land known as Plaquemines
Parish was created only 700 years ago when a natural levee
eroded, causing the Mississippi River to change course. The
Estuary of South Louisiana is considered one of North America's
most dynamic ecosystems. Two National Wildlife Refuges, Delta
and Breton, which together encompass nearly 56,000 acres, are
located within the Lower Mississippi River area. The Breton
National Wildlife Refuge, which was established by President
Theodore Roosevelt in 1904, as a refuge and breeding ground for
migratory birds and other wildlife, is the nation's second
oldest refuge. It is also part of the National Wilderness
Preservation System.
The Lower Mississippi River area is also home to a diverse
array of cultures. The distinctive cultural history of
Plaquemines Parish differs from most of the rest of the United
States. While the French, Spanish, African, and Native
Americans have interwoven the cultural fabric of the Parish,
the more recent immigration of European Slavs, Germans,
Italians, Irish, Portuguese, English, Danes, Swedes, Greeks,
Filipinos, Chinese, Malays, Canary Islanders, and Vietnamese
have contributed to make the parish even more culturally
diverse.
S. 311 would authorize the National Park Service to study
the feasibility of creating a unit of the National Park System
to preserve and interpret the historic properties of Fort St.
Philip and Fort Jackson and the unique geological, biological,
and ethnographic features of the Lower Mississippi River area.
LEGISLATIVE HISTORY
Senator Landrieu introduced S. 311 on February 13, 2013. At
its business meeting on March 14, 2013, the Committee ordered
S. 311 favorably reported with an amendment.
In the 112th Congress, Senator Landrieu introduced similar
legislation, S. 1325, on July 5, 2011. The Subcommittee on
National Parks held a hearing on October 19, 2011 (S. Hrg. 112-
224). At its business meeting on November 10, 2011, the
Committee on Energy and Natural Resources ordered S. 1325
favorably reported with an amendment (S. Rpt. 112-125).
COMMITTEE RECOMMENDATION
The Senate Committee on Energy and Natural Resources, in
open business session on March 14, 2013 by voice vote of a
quorum present recommends that the Senate pass S. 311.
COMMITTEE AMENDMENT
During its consideration of S. 311, the Committee adopted
an amendment to delete section 5, which authorized the
appropriation of such sums as are necessary to carry out the
Act. The section is not necessary because the bill carries with
it an implied authorization of appropriations.
SECTION-BY-SECTION ANALYSIS
Section 1 provides the short title, the ``Lower Mississippi
River Area Study Act''.
Section 2 defines key terms used in the bill.
Section 3(a) authorizes the Secretary of the Interior, in
consultation with the State of Louisiana, to conduct a special
resource study of Plaquemines Parish, Louisiana, including Fort
St. Philip, Fort Jackson, the Head of Passes, and related
resources to determine the national significance, suitability,
and feasibility of designating the study area as a unit of the
National Park System.
Subsection (b) directs the study to be conducted in
accordance with section 8 of Public Law 91-383, which sets
forth requirements for National Park Service studies.
Subsection (c) requires the study to include cost estimates
for acquisition, development, operation, and maintenance
associated with a range of management, administration, and
protection alternatives of the study area.
Section 4 allows the Secretary to accept donated funds to
conduct the study.
COST AND BUDGETARY CONSIDERATIONS
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
S. 311--Lower Mississippi River Area Study Act
S. 311 would direct the Secretary of the Interior to
conduct a study to determine the suitability and feasibility of
designating specified sites along the Lower Mississippi River
in the state of Lousiana as a unit of the National Park System.
Based on information provided by the National Park Service and
assuming the availability of appropriated funds, CBO estimates
that carrying out the proposed study would cost about $400,000
over the next three years. Enacting S. 311 would not affect
direct spending or revenues; therefore, pay-as-you-go
procedures do not apply.
S. 311 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on states, local, or tribal governments.
The CBO staff contact for this estimate is Martin von
Gnechten. 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 S. 311.
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. 311, as ordered reported.
CONGRESSIONALLY DIRECTED SPENDING
S. 311, 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
Executive Communications were not requested by the
Committee in the 113th Congress. The following Administration
testimony references similar legislation introduced in the
112th Congress.
The testimony provided by the National Park Service at the
October 19, 2011, Subcommittee on National Parks hearing on S.
1325 follows:
Statement of William D. Shaddox, Acting Associate Director for Park
Planning, Facilities and Lands, National Park Service, Department of
the Interior
Mr. Chairman, thank you for the opportunity to present the
views of the Department of the Interior on S. 1325, a bill to
direct the Secretary of the Interior to study the suitability
and feasibility of designating sites in the Lower Mississippi
River Area in the State of Louisiana as a unit of the National
Park System, and for other purposes.
The Department supports this legislation with amendments
that are described later in this statement. However, we feel
that priority should be given to the 37 previously authorized
studies for potential units of the National Park System,
potential new National Heritage Areas, and potential additions
to the National Trails System and National Wild and Scenic
Rivers System that have not yet been transmitted to Congress.
S. 1325 would authorize a study of natural, cultural,
historical, and recreational resources in Plaquemines Parish,
located south of the City of New Orleans, for potential
designation as a unit of the National Park System. The study
area would include Fort St. Philip and Fort Jackson, located on
opposite sides of a bend in the Mississippi River about eight
miles upstream from the town of Venice, Louisiana, and
approximately 73 river miles downstream from New Orleans at an
ancient ``Head of Passes'' site. The term ``Head of Passes''
refers to the site where the main stem of the Mississippi River
branches off to the east, the south, and the southwest at its
mouth in the Gulf of Mexico. The present day Head of Passes is
just south of the town of Venice. The study is estimated to
cost between $200,000 and $400,000.
Fort St. Philip was originally built in 1749, and the
construction of Fort Jackson, named for Andrew Jackson, the
hero of the Battle of New Orleans in 1815, began in 1822. Fort
St. Philip played an important defensive role in the Battle of
New Orleans and both forts were employed unsuccessfully to
defend New Orleans and the Confederacy from Admiral Farragut's
union fleet during the Civil War. Both Fort St. Philip and Fort
Jackson have been designated as National Historic Landmarks,
which attests to their national significance. Fort St. Philip,
privately owned at the present time, is in ruins and overgrown
with vegetation. Fort Jackson was operated by Plaquemines
Parish as a historical museum until Hurricane Katrina caused
extensive damage, and it has been closed to the public ever
since.
While the Department supports S. 1325, we would like to
recommend some amendments to the bill. We would be pleased to
work with the committee and the bill's sponsor to develop
language for these amendments.
First, we recommend tightening the definition of the study
area in section 3(1). While it appears that the focus of the
study is on the two historic forts and related resources, the
bill defines the study area as the ``Lower Mississippi River
area in the State of Louisiana,'' which could be interpreted as
a much broader area than what is intended. The scope of the
study would be clarified by limiting the study area to the two
forts and related and supporting resources in Plaquemines
Parish.
Second, we recommend providing a three-year period for
completing the study, rather than 18 months, as provided for in
section 4(a). This change would provide for the full three
years that a special resource study usually requires, and it
would make the bill consistent with most of the other special
resource study bills Congress has enacted in recent years.
Third, we are concerned about the reference in section 4(a)
to ``non-Federal sources'' of funds made available to carry out
the study, which suggests that the study could be privately
funded. We would like to carefully consider the issues that
might arise from conducting a privately funded special resource
study and, if we determine that any changes to the legislation
are necessary, make the appropriate recommendation.
Finally, we recommend removing language in section
4(a)(1)(B) that suggests a specific designation for the area,
the ``Lower Mississippi River National Park,'' before the study
is conducted. A special resource study that finds that an area
meets the criteria for designation as a unit of the National
Park System would also, as part of those findings, identify the
most appropriate type of designation for the area. A study
might also find that options other than designation of a new
park unit might be more suitable or feasible.
Mr. Chairman, this concludes my statement. I would be happy
to answer any questions that you 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 S. 311, as ordered
reported.