[Senate Report 110-359]
[From the U.S. Government Publishing Office]
Calendar No. 791
110th Congress Report
SENATE
2d Session 110-359
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BATTLEFIELD IN SHEPHERDSTOWN, WEST VIRGINIA, RESOURCE STUDY ACT
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June 16, 2008.--Ordered to be printed
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Mr. Bingaman, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 1633]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 1633) to authorize the Secretary of the
Interior to conduct a special resource study to determine the
suitability and feasibility of including the battlefield and
related sites of the Battle of Shepherdstown in Shepherdstown,
West Virginia, as part of Harpers Ferry National Historical
Park or Antietam National Battlefield, 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 2, lines 21 and 22, strike ``section 8(a) of Public
Law 91-383 (16 U.S.C. 1a-5(a))'' and insert `'section 8(c) of
Public Law 91-383 (16 U.S.C. 1a-5(c))''.
PURPOSE
The purpose of S. 1633 is to authorize the Secretary of the
Interior to conduct a special resource study to determine the
suitability and feasibility of including the battlefield and
related sites of the Battle of Shepherdstown, as part of the
Harpers Ferry National Historical Park or Antietam National
Battlefield.
BACKGROUND AND NEED
The Battle of Shepherdstown took place on September 19,
1862, on the banks of the Potomac River, less than one mile
downstream from present-day Shepherdstown, West Virginia, and
only two days after the catastrophic battle at Antietam. Other
important Civil War battles took place in close proximity to
Shepherdstown, including the battle at Harpers Ferry.
The battlefield site covers approximately 300 acres, and
includes many different land owners. Because of the threat of
development, there is an interest in preserving as much of the
site as possible.
S. 1633 would authorize the Secretary of the Interior to
study the battlefield and related sites, to determine whether
any of the sites would be appropriate for inclusion in the
National Park System, specifically as an addition to Harpers
Ferry National Historical Park or Antietam National
Battlefield.
LEGISLATIVE HISTORY
S. 1633 was introduced by Senator Byrd on June 15, 2007.
The Subcommittee on National Parks held a hearing on this bill
on April 9, 2008.
At its business meeting on May 7, 2008, the Committee on
Energy and Natural Resources ordered S. 1663 favorably
reported, with an amendment.
COMMITTEE RECOMMENDATION
The Committee on Energy and Natural Resources, in open
business session on May 7, 2008, by a voice vote of a quorum
present, recommends that the Senate pass S. 1633, if amended as
described herein.
COMMITTEE AMENDMENT
During the consideration of S. 1663, the Committee adopted
a technical amendment to correct the citation to the National
Park Service General Authorities Act.
SECTION-BY-SECTION ANALYSIS
Section 1(a) directs the Secretary of the Interior to
complete a special resource study of the Battle of
Shepherdstown to evaluate the national significance of the
Shepherdstown battlefield site and to assess the suitability
and feasibility of adding the site as a part of Harpers Ferry
National Historical Park or Antietam National Battlefield.
Subsection (b) directs the Secretary to use the criteria
for new area studies described in section 8(c) of Public Law
91-383 (16 U.S.C. 1a-5(c)).
Subsection (c) directs the Secretary to submit the study to
the Committee on Energy and Natural Resources of the Senate and
the Committee on Natural Resources not later than 3 years after
the date which funds were first made available
Subsection (d) authorizes the appropriation of such sums as
are necessary to carry out this Act.
COST AND BUDGETARY CONSIDERATIONS
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
S. 1633--A bill to authorize the Secretary of the Interior to conduct a
special resource study to determine the suitability and
feasibility of including the battlefield and related sites of
the Battle of Shepherdstown in Shepherdstown, West Virginia, as
part of Harper Ferry National Historical Park or Antietam
National Battlefield
S. 1633 would require the National Park Service (NPS) to
conduct a study to determine the suitability and feasibility of
including certain sites in West Virginia related to the Battle
of Shepherdstown in either the Harpers Ferry National
Historical Park or the Antietam National Battlefield. Based on
information provided by the NPS and assuming the availability
of appropriated funds, CBO estimates that carrying out the
proposed study would cost about $300,000 over the 2009-2012
period. Enacting the legislation would not affect direct
spending or revenues.
S. 1633 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.
The CBO staff contact for this estimate is Deborah Reis.
This 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. 1633. 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. 1633, as ordered reported.
CONGRESSIONALLY DIRECTED SPENDING
S. 1633, as reported, does not contain any congressionally
directed spending items, limited tax benefits, or limited
tariff benefits as defined by rule XLIV of the Standing Rules
of the Senate.
EXECUTIVE COMMUNICATIONS
The testimony provided by the National Park Service at the
April 23, 2008 hearing on S. 1633 follows:
Statement of Katherine H. Stevenson, Acting Assistant Director,
Business Services, 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. 1633, a bill to
authorize the Secretary of the Interior to conduct a special
resource study to determine the suitability and feasibility of
including the battlefields and related sites of the Battle of
Shepherdstown in Shepherdstown, West Virginia, as part of
Harpers Ferry National Historical Park or Antietam National
Battlefield in the National Park System.
The Department supports S. 1633. However, the Department
feels that priority should be given to the 32 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 River System that have not yet been transmitted to the
Congress.
S. 1633 would authorize the Secretary to carry out a
special resource study to determine the national significance
of the Shepherdstown battlefield and related sites in
Shepherdstown, West Virginia associated with the Civil War. The
study would examine whether the area could be included in the
Harpers Ferry National Historical Park or the Antietam National
Battlefield. The bill also requires the Secretary to submit a
report to Congress no later than 3 years after the date on
which funds are made available to carry out this study.
General Robert E. Lee invaded the North, with the intention
of bringing Maryland into the Confederacy. Lee had a number of
strategic reasons for the move. First, Lee's troops were in
much need of military aid and supplies and Maryland's lands
were rich in crops and untouched by battle. Second, Lee saw
Maryland as a stepping stone to Pennsylvania, where he could
draw the Union Army into a battle on ground of his own
choosing. He could then threaten the cities of Washington,
Baltimore, and Philadelphia and perhaps end the war in a short
time. Finally, General Lee hoped that another Confederate
Victory, this time on Union soil, might also persuade Great
Britain and France to grant diplomatic precognition to the
South.
As he had done before, Lee divided his army and sent
``Stonewall'' Jackson in to capture the Federal arsenal at
Harpers Ferry, with its huge store of supplies. But the people
of Maryland looked on the hungry troops as invaders who had
come to plunder their land. Another unfortunate thing happened.
A Union private was resting near Frederick, Maryland and
noticed an envelope in the grass. It was a copy of General
Lee's order to his generals outlining his plans. The paper was
soon in the hands of General George B. McClellan.
The Battle of Shepherdstown, also known as the Battle of
Boteler's Ford, was fought on September 19 and 20, 1862. There
were over 600 casualties. General Lee had moved most of his
army back across the Potomac River into Virginia leaving 44
cannons to form an artillery reserve to protect the vital
crossing point on the Potomac. General McClellan had given
orders to pursue the enemy across the Potomac. In the confusion
of battle, General Lee received an erroneous report that his
cannons had been captured. Reacting to this misinformation, the
Confederates sent a force back to recover the artillery. In the
skirmish that followed on the bluffs of the Potomac, a large
number of inexperienced Union troops with faulty equipment were
killed. This convinced General McClellan that the Confederate
Army was still full of fight and he decided to delay any
further effort to pursue until reinforced. The battle was
considered a Confederate victory.
The Battle of Shepherdstown was the final engagement of the
Maryland Campaign of 1862 that included the battles of Harpers
Ferry, South Mountain, and Antietam and ended the Confederacy's
first invasion of the North. The National Park Service has
provided information and interpretation on the Shepherdstown
site at Harpers Ferry National Historical Park and Antietam
National Battlefield for over 20 years.
A special resource study would provide alternatives for the
appropriate way to preserve, to protect, and to interpret the
Battle of Shepherdtown sites and resources. We estimate that
the costs of completing this study would be approximately
$250,000 to $300,000.
That concludes my testimony. I would be happy to answer any
questions you or other members of the subcommittee 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. 1633, as
ordered reported.