[Senate Report 113-168]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 394
113th Congress                                                   Report
                                 SENATE
 2d Session                                                     113-168

======================================================================



 
            GETTYSBURG NATIONAL MILITARY PARK EXPANSION ACT

                                _______
                                

                  May 22, 2014.--Ordered to be printed

                                _______
                                

   Ms. Landrieu, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 782]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 782) to amend Public Law 101-377 to 
revise the boundaries of Gettysburg National Military Park to 
include the Gettysburg Train Station, 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:

  Beginning on page 1, strike line 6 and all that follows through page 
3, line 17, and insert the following:

SEC. 2. GETTYSBURG NATIONAL MILITARY PARK EXPANSION.

  (a) Boundary Revision.--Section 1(b) of Public Law 101-377 (16 U.S.C. 
430g-4(b)) is amended--
          (1) by striking ``include the'' and insert ``include--
          ``(1) the'';
          (2) at the end of paragraph (1) (as designated by paragraph 
        (1)), by striking the period and inserting ``; and''; and
          (3) by adding at the end the following:
          ``(2) the properties depicted as `Proposed Addition' on the 
        map entitled `Gettysburg National Military Park Proposed 
        Boundary Addition', numbered 305/80,045, and dated January, 
        2010 (2 sheets), including--
                  ``(A) the property commonly known as the `Gettysburg 
                Train Station'; and
                  ``(B) the property located adjacent to Plum Run in 
                Cumberland Township.''.
  (b) Acquisition of Land.--Section 2(a) of Public Law 101-377 (16 
U.S.C. 430g-5(a)) is amended--
          (1) in the first sentence, by striking ``The Secretary'' and 
        inserting the following:
          ``(1) Authority to acquire land.--The Secretary'';
          (2) in the second sentence, by striking ``In acquiring'' and 
        inserting the following:
          ``(2) Minimum federal interests.--In acquiring''; and
          (3) by adding at the end the following:
          ``(3) Methods of acquisition for certain land.--
        Notwithstanding paragraph (1), the Secretary may acquire the 
        properties added to the park by section 1(b)(2) only--
                  ``(A) by donation; or
                  ``(B) if the Secretary determines that efforts to 
                acquire the properties without cost have been 
                exhausted, by purchase from a willing seller.''.

                                Purpose

    The purpose of S. 782 is to amend Public Law 101-377 to 
revise the boundaries of the Gettysburg National Military Park 
in Pennsylvania to include the Gettysburg Train Station and to 
expand the Park boundaries to include approximately 45 acres 
adjacent to the park.

                          Background and Need

    On July 1, 1863, a critical battle of the Civil War began 
in Gettysburg, Pennsylvania. Among the areas that saw some of 
the most intense fighting that first day was an area along a 
nearby railway road cut. The Battle of Gettysburg would be the 
bloodiest single battle of the Civil War, with over 51,000 
soldiers killed, wounded, captured, or missing. The train 
station that was the site of some of the most intense fighting 
on the first day later became one of the first field hospitals 
of the battle.
    First established as a national cemetery for the Union dead 
by the local residents, Soldier's National Cemetery was 
dedicated by President Lincoln on November 19, 1863, with 
solemn words that would become known as the Gettysburg Address. 
In 1895, Gettysburg National Military Park was established when 
the property was transferred to the Federal government. In 
1933, administration of the battlefield was transferred to the 
National Park Service.
    Since its establishment, several planning documents, 
including the 1999 General Management Plan, have called for 
further expansion of cooperative efforts to protect resources 
closely linked to the park. Specifically addressed in the plan 
were the David Wills House, where President Lincoln stayed the 
night before giving the Gettysburg Address, and the Gettysburg 
Train Station. The Wills House was added to the park's boundary 
in 2000 by Public Law 106-290, and is operated through a 
Memorandum of Understanding by Main Street Gettysburg, a non-
profit organization.
    Rehabilitation of the historic Gettysburg train station--
the station at which President Lincoln arrived to deliver the 
Gettysburg Address--was completed by the Borough of Gettysburg 
in 2006 using funding from the Commonwealth of Pennsylvania. 
However, operational funds to maintain visitor information and 
orientation services have been lacking, leading the Borough of 
Gettysburg Council to formally request that the National Park 
Service take ownership of the site. The site is listed on the 
National Register of Historic Places. Much as is the case with 
the Wills House, a partnership with the Gettysburg Convention 
and Visitors Bureau is expected to provide staffing for the 
train station.
    The additional land that the legislation would include 
within the park boundary is located near Big Round Top along 
Plum Run in Cumberland Township, Pennsylvania. It is comprised 
of an approximately 45-acre tract of land adjacent to the Park 
within the Battlefield Historic District at the southern end of 
the Gettysburg Battlefield. This area witnessed cavalry 
skirmishes, and is significant due to the presence of wetlands 
and wildlife habitat. The property was donated to the 
Gettysburg Foundation in 2009. The Foundation has indicated its 
intention to donate the parcel to the National Park Service 
once the area is within the Park boundary.

                          Legislative History

    Senators Casey, King, and Toomey introduced S. 782 on April 
23, 2013. The Subcommittee on National Parks held a hearing on 
S. 782 on July 31, 2013 (S. Hrg. 113-93). At its business 
meeting on November 21, 2013, the Committee ordered S. 782 
favorably reported with an amendment.
    In the 112th Congress, the Committee considered a similar 
bill, S. 1897, also introduced by Senator Casey. The 
Subcommittee on National Parks held a hearing on S. 1897 on 
June 27, 2012 (S. Hrg. 112-578).

                        Committee Recommendation

    The Senate Committee on Energy and Natural Resources, in 
open business session on November 21, 2013, by a voice vote of 
a quorum present, recommends that the Senate pass S. 782, if 
amended as described herein.

                          Committee Amendment

    During its consideration of S. 782, the Committee adopted 
an amendment amending section 2 of the bill to update the map 
reference and to clarify the parcels authorized for addition to 
the park may be acquired only by donation, or if the Secretary 
of the Interior determines that efforts to acquire the 
properties without cost have been exhausted, by purchase from a 
willing seller.

                      Section-by-Section Analysis

    Section 1 provides the short title, the ``Gettysburg 
National Military Park Expansion Act.''
    Section 2(a) of the bill amends section 1 of the Act 
entitled ``An Act to revise the boundary of the Gettysburg 
National Military Park in the Commonwealth of Pennsylvania, and 
for other purposes'' (Public Law 101-377; 16 U.S.C. 430g-4), to 
expand the boundary of Gettysburg National Military Park in 
Pennsylvania to include the Gettysburg Train Station (including 
land located in close proximity to the Gettysburg Train 
Station) and the property that is adjacent to the Park along 
Plum Run in Cumberland Township, as depicted on the referenced 
map.
    Subsection (b) amends section 2(a) of Public Law 101-377 
(16 U.S.C. 430g-5) to authorize the Secretary of the Interior, 
with respect to the Gettysburg Train Station, to acquire the 
land either through donation or from a willing seller, but only 
after the Secretary determines that efforts to acquire the land 
without cost to the federal government have been exhausted.

                   Cost and Budgetary Considerations

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office:

S. 782--Gettysburg National Military Park Expansion Act

    S. 782 would expand the boundaries of the Gettysburg 
National Military Park in Pennsylvania to include two nearby 
properties. CBO expects that the National Park Service (NPS), 
which administers the park, would accept the donation of a 
small parcel of land containing the newly refurbished 
Gettysburg Train Station and a 45-acre tract of land along Plum 
Run in Cumberland Township.
    Based on information provided by NPS, CBO estimates that 
implementing S. 782 would have no significant impact on the 
federal budget. Under the legislation, the additional 
properties could only be purchased when the Secretary has 
exhausted efforts to acquire the properties through donation. 
CBO assumes that the properties would be donated to the NPS. 
However, if the NPS purchases the train station, CBO estimates 
that the cost to the NPS would be about $1 million. We estimate 
that annual costs to operate and maintain the new properties 
would be minimal because the train station would continue to be 
operated by local or nonprofit organizations and the Plum Run 
acreage would be left undeveloped. Enacting S. 782 would not 
affect direct spending or revenues; therefore, pay-as-you-go 
procedures do not apply.
    S. 782 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would not affect the budgets of state, local, or tribal 
governments.
    On July 30, 2013, CBO transmitted a cost estimate for H.R. 
1513, a bill to revise the boundaries of the Gettysburg 
National Military Park to include the Gettysburg Train Station 
and certain land along Plum Run in Cumberland Township, to 
limit the means by which property within such revised 
boundaries may be acquired, and for other purposes, as ordered 
reported by the House Committee on Natural Resources, on July 
24, 2013. The two pieces of legislation are similar, and the 
CBO cost estimates are the same.
    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. 782.
    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. 782, as ordered reported.

                   Congressionally Directed Spending

    S. 782, as 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 
July 31, 2013, Subcommittee on National Parks hearing on S. 782 
follows:

     Statement of Stephanie Toothman, Associate Director, Cultural 
Resources, Partnerships, and Science, National Park Service, Department 
                            of the Interior

    Mr. Chairman, members of the subcommittee, thank you for 
the opportunity to present the views of the Department of the 
Interior on S. 782, a bill to amend Public Law 101-377 to 
revise the boundaries of the Gettysburg National Military Park 
to include the Gettysburg Train Station, and for other 
purposes.
    The Department supports S. 782 with amendments described 
later in this statement. This legislation would revise the 
boundary of Gettysburg National Military Park to include two 
distinct sites: the historic Gettysburg Train Station, and 45 
acres of an environmentally important tract of land at the base 
of Big Round Top.
    Gettysburg National Military Park protects major portions 
of the site of the largest battle waged during this nation's 
Civil War. Fought in the first three days of July 1863, the 
Battle of Gettysburg resulted in a victory for Union forces and 
successfully ended the second invasion of the North by 
Confederate forces commanded by General Robert E. Lee. 
Historians have referred to the battle as a major turning point 
in the war--the ``High Water Mark of the Confederacy.'' It was 
also the Civil War's bloodiest single battle, resulting in over 
51,000 soldiers killed, wounded, captured, or missing.
    The Soldiers' National Cemetery within the park was 
dedicated on November 19, 1863, when President Abraham Lincoln 
delivered his immortal Gettysburg Address. The cemetery 
contains more than 7,000 interments including over 3,500 from 
the Civil War. The park currently includes nearly 6,000 acres, 
with 26 miles of park roads and over 1,400 monuments, markers, 
and memorials.
    Gettysburg's Lincoln Train Station was built in 1858 and is 
listed on the National Register of Historic Places. The station 
served as a hospital during the Battle of Gettysburg, and the 
wounded and the dead were transported from Gettysburg through 
this station in the aftermath of battle. President Abraham 
Lincoln arrived at this station when he visited to give the 
Gettysburg Address.
    Gettysburg National Military Park's 1999 General Management 
Plan called for expanding cooperative relationships and 
partnerships with the Borough of Gettysburg and other sites 
``to ensure that resources closely linked to the park, the 
battle, and the non-combatant civilian involvement in the 
battle and its aftermath are appropriately protected and 
used.'' In particular, the plan stated that the National Park 
Service would initiate ``cooperation agreements with willing 
owners, and seek the assistance of the Borough of Gettysburg 
and other appropriate entities to preserve, operate and manage 
the Wills House and Lincoln Train Station.''
    The Borough of Gettysburg Interpretive Plan called for the 
Lincoln Train Station to be used as a downtown information and 
orientation center for visitors--where all park visitors would 
arrive after coming downtown--to receive information and 
orientation to downtown historic attractions, including the 
David Wills House. This is the house where Lincoln stayed the 
night before delivering the Gettysburg Address. The 
Interpretive Plan also called for rehabilitation of the Wills 
House, which was added to the park's boundary through Public 
Law 106-290 in October 2000, and is now a historic house museum 
in the borough and an official site within Gettysburg National 
Military Park. The David Wills House is currently operated 
jointly by the Gettysburg Foundation and the National Park 
Service.
    The Lincoln Train Station is next to the downtown terminus 
of Freedom Transit, Gettysburg's shuttle system, which started 
operations in July 2009 with a grant from the Federal Transit 
Administration in the Department of Transportation.
    In 2006, the Borough of Gettysburg completed rehabilitation 
of the Lincoln Train Station with funds from a Commonwealth of 
Pennsylvania grant. Due to a lack of funds, however, the 
borough has been unable to operate a visitor information and 
orientation center there. Through formal vote of the Borough 
Council, the Borough of Gettysburg has asked the National Park 
Service to take over the ownership and operations of the train 
station. While the borough originally intended to sell the 
train station to the National Park Service, the Gettysburg 
Foundation is currently in negotiations to acquire the 
property, which would in turn be donated from the Foundation to 
the National Park Service.
    The park has a preliminary commitment from the Gettysburg 
Convention and Visitor Bureau (CVB) to provide all staffing 
requirements for operations of an information and orientation 
center in the train station, thereby avoiding staff costs for 
the park. Anticipated National Park Service operating costs for 
the train station are limited to utilities; the rest would be 
paid by the Gettysburg CVB. In the event that the Gettysburg 
CVB is unable to provide staffing and funding for operations, 
the National Park Service would seek another park partner to 
cover these costs and requirements.
    This legislation would also add 45 acres near Big Round Top 
along Plum Run in Cumberland Township, Pennsylvania, to the 
boundary of the park. The 45-acre tract of land is adjacent to 
the Gettysburg National Military Park and is within the 
Battlefield Historic District. The land is at the southern base 
of Big Round Top at the southern end of the Gettysburg 
battlefield. There were cavalry skirmishes in this area during 
the Battle of Gettysburg in July 1863, but the real 
significance is environmental. The tract contains critical 
wetlands and wildlife habitat related to Plum Run. Wayne and 
Susan Hill donated it to the Gettysburg Foundation in April 
2009. The Gettysburg Foundation plans to donate fee title 
interest in the parcel to the National Park Service once it is 
within the park boundary. It abuts land already owned by the 
National Park Service.
    We recommend that the committee amend S. 782 to reference 
an updated map of the two properties proposed for inclusion in 
the park boundary. In addition, we would recommend providing 
the usual language requiring that the map referenced in the 
bill be on file and available for inspection in the appropriate 
offices of the National Park Service. We would be happy to 
provide the committee with recommended language for these 
amendments.
    Mr. Chairman, that concludes my testimony. I would be 
pleased to answer any questions you or members of the committee 
may have.

                        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. 782, 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):

          GETTYSBURG NATIONAL MILITARY PARK BOUNDARY REVISION


         (Public Law 101-377, as amended by Public Law 106-290)


                           [16 U.S.C. 430g-4]


An Act to revise the boundary of the Gettysburg National Military Park 
      in the Commonwealth of Pennsylvania, 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. GETTYSBURG NATIONAL MILITARY PARK BOUNDARY REVISION.

           *       *       *       *       *       *       *


    (b) Additional Land.--In addition to the land identified in 
subsection (a), the park shall also [include the] include--
          (1) the property commonly known as the Wills House 
        located in the Borough of Gettysburg and identified as 
        Tract P02-1 on the map entitled ``Gettysburg National 
        Military Park'' numbered MARO 305/80,011 Segment 2, and 
        dated April 1981, revised May 14, 1999[.]; and
          (2) the properties depicted as ``Proposed Addition'' 
        on the map entitled ``Gettysburg National Military Park 
        Proposed Boundary Addition'', numbered 305/80,045, and 
        dated January, 2010 (2 sheets), including--
                  (A) the property commonly known as the 
                ``Gettysburg Train Station''; and
                  (B) the property located adjacent to Plum Run 
                in Cumberland Township.

           *       *       *       *       *       *       *


SEC. 2. ACQUISITION AND DISPOSAL OF LANDS.

    (a) General Authority.--[The Secretary]
          (1) Authority to acquire land.--The Secretary is 
        authorized to acquire lands and interests in lands 
        within the park by donation, purchase with donated or 
        appropriated funds, exchange, or otherwise. [In 
        acquiring]
          (2) Minimum federal interest.--In acquiring lands and 
        interests in lands under this Act, the Secretary shall 
        acquire the minimum Federal interests necessary to 
        achieve the objectives identified for specific areas 
        and the park.
          (3) Methods of acquisition for certain land.--
        Notwithstanding paragraph (1), the Secretary may 
        acquire the properties added to the park by section 
        1(b)(2) only--
                  (A) by donation; or
                  (B) if the Secretary determines that efforts 
                to acquire the properties without cost have 
                been exhausted, by purchase from a willing 
                seller.

           *       *       *       *       *       *       *