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[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]
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