59–010 

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) 


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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 disVerDate Sep 11 2014 02:36 Sep 01, 2016 Jkt 059010 PO 00000 Frm 00002 Fmt 6659 Sfmt 6602 E:\HR\OC\SR308.XXX SR308

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pose 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. 


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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 


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$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 


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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 91⁄2 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 orgaVerDate Sep 11 2014 02:36 Sep 01, 2016 Jkt 059010 PO 00000 Frm 00006 Fmt 6659 Sfmt 6969 E:\HR\OC\SR308.XXX SR308

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nization-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 pur- chasing 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 exVerDate Sep 11 2014 02:36 Sep 01, 2016 Jkt 059010 PO 00000 Frm 00007 Fmt 6659 Sfmt 6969 E:\HR\OC\SR308.XXX SR308

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ceed 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 

øtwenty-one¿ 23 acres for addition to the Petersburg National Battlefield, as generally depicted on the map entitled ‘‘Petersburg NaVerDate Sep 11 2014 02:36 Sep 01, 2016 Jkt 059010 PO 00000 Frm 00008 Fmt 6659 Sfmt 6602 E:\HR\OC\SR308.XXX SR308

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tional Battlefield, Virginia’’, numbered APMA 80,001, and dated 

May 1978. 

* * * * * * * 

Æ 


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