[Senate Report 113-57]
[From the U.S. Government Publishing Office]
Calendar No. 111
113th Congress Report
} SENATE {
1st Session 113-57
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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
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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.
* * * * * * *