[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1226 Reported in Senate (RS)]





                                                       Calendar No. 485

104th CONGRESS

  2d Session

                                S. 1226

                          [Report No. 104-310]

_______________________________________________________________________

                                 A BILL

    To require the Secretary of the Interior to prepare a study of 
battlefields of the Revolutionary War and the War of 1812, to establish 
  an American Battlefield Protection Program, and for other purposes.

_______________________________________________________________________

                             June 28, 1996

        Reported with an amendment and an amendment to the title





                                                       Calendar No. 485
104th CONGRESS
  2d Session
                                S. 1226

                          [Report No. 104-310]

    To require the Secretary of the Interior to prepare a study of 
battlefields of the Revolutionary War and the War of 1812, to establish 
  an American Battlefield Protection Program, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

            September 8 (legislative day, September 5), 1995

 Mr. Jeffords introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

                             June 28, 1996

 Reported by Mr. Murkowski, with an amendment and an amendment to the 
                                 title
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
    To require the Secretary of the Interior to prepare a study of 
battlefields of the Revolutionary War and the War of 1812, to establish 
  an American Battlefield Protection Program, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

     <DELETED>TITLE I--REVOLUTIONARY WAR AND WAR OF 1812 HISTORIC 
                      PRESERVATION STUDY</DELETED>

<DELETED>SECTION 101. SHORT TITLE.</DELETED>

<DELETED>    This title may be cited as the ``Revolutionary War and War 
of 1812 Historic Preservation Study Act of 1995''.</DELETED>

<DELETED>SEC. 102. FINDINGS.</DELETED>

<DELETED>    Congress finds that--</DELETED>
        <DELETED>    (1) Revolutionary War sites and War of 1812 sites 
        provide a means for Americans to understand and interpret the 
        periods in American history during which the Revolutionary War 
        and War of 1812 were fought;</DELETED>
        <DELETED>    (2) the historical integrity of many Revolutionary 
        War sites and War of 1812 sites is at risk because many of the 
        sites are located in regions that are undergoing rapid urban or 
        suburban development; and</DELETED>
        <DELETED>    (3) it is important, for the benefit of the United 
        States, to obtain current information on the significance of, 
        threats to the integrity of, and alternatives for the 
        preservation and interpretation of Revolutionary War sites and 
        War of 1812 sites.</DELETED>

<DELETED>SEC. 103. DEFINITIONS.</DELETED>

<DELETED>    In this title:</DELETED>
        <DELETED>    (1) Director.--The term ``Director'' means the 
        Director of the National Park Service.</DELETED>
        <DELETED>    (2) Revolutionary war site.--The term 
        ``Revolutionary War site'' means a site or structure situated 
        in the United States that is thematically tied with the 
        nationally significant events that occurred during the 
        Revolutionary War.</DELETED>
        <DELETED>    (3) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior.</DELETED>
        <DELETED>    (4) War of 1812 site.--The term ``War of 1812 
        site'' means a site or structure situated in the United States 
        that is thematically tied with the nationally significant 
        events that occurred during the War of 1812.</DELETED>

<DELETED>SEC. 104. STUDY.</DELETED>

<DELETED>    (a) Preparation.--The Secretary, acting through the 
Director, shall prepare a study of Revolutionary War sites and War of 
1812 sites.</DELETED>
<DELETED>    (b) Matters To Be Addressed.--The study under subsection 
(a) shall--</DELETED>
        <DELETED>    (1) identify Revolutionary War sites and War of 
        1812 sites, including sites within units of the National Park 
        System in existence on the date of enactment of this 
        Act;</DELETED>
        <DELETED>    (2) determine the relative significance of the 
        sites;</DELETED>
        <DELETED>    (3) assess short- and long-term threats to the 
        integrity of the sites;</DELETED>
        <DELETED>    (4) provide alternatives for the preservation and 
        interpretation of the sites by Federal, State, and local 
        governments, or other public or private entities, including 
        designation of the sites as units of the National Park System; 
        and</DELETED>
        <DELETED>    (5) research and propose land preservation 
        techniques.</DELETED>
<DELETED>    (c) Consultation.--During the preparation of the study 
under subsection (a), the Director shall consult with--</DELETED>
        <DELETED>    (1) the Governor of each affected 
        States:</DELETED>
        <DELETED>    (2) each affected unit of local 
        government;</DELETED>
        <DELETED>    (3) State and local historic preservation 
        organizations;</DELETED>
        <DELETED>    (4) scholarly organizations; and</DELETED>
        <DELETED>    (5) such other interested parties as the Secretary 
        considers advisable.</DELETED>
<DELETED>    (d) Transmittal to Congress.--Not later than 2 years after 
the date on which funds are made available to carry out the study under 
subsection (a), the Director shall transmit a report describing the 
results of the study to the Committee on Resources of the House of 
Representatives and the Committee on Energy and Natural Resources of 
the State.</DELETED>
<DELETED>    (e) Report.--If the Director submits a report on the study 
to the Director of the Office of Management and Budget, the Secretary 
shall concurrently transmit copies of the report to the Committee on 
Resources of the House of Representatives and the Committee on Energy 
and Natural Resources of the Senate.</DELETED>

<DELETED>SEC. 105. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    There is authorized to be appropriated to carry out this 
title $750,000, to remain available until expended.</DELETED>

  <DELETED>TITLE II--AMERICAN BATTLEFIELD PROTECTION PROGRAM</DELETED>

<DELETED>SEC. 201. SHORT TITLE.</DELETED>

<DELETED>    This title may be cited as the ``American Battlefield 
Protection Act of 1995''.</DELETED>

<DELETED>SEC. 202. PURPOSE.</DELETED>

<DELETED>    The purpose of this title is to assist citizens, public 
and private institutions, and governments at all levels in planning, 
interpreting, and protecting sites where historic battles were fought 
on American soil during the armed conflicts that shaped the growth and 
development of the United States, in order that present and future 
generations may learn and gain inspiration from the ground where 
Americans made their ultimate sacrifice.</DELETED>

<DELETED>SEC. 203. DEFINITIONS.</DELETED>

<DELETED>    In this title:</DELETED>
        <DELETED>    (1) Battlefield.--The term ``battlefield'' means 
        an area that is listed (or is eligible for listing) in the 
        National Register of Historic Places, or in a comparable State 
        or local register for historic properties, consisting of--
        </DELETED>
                <DELETED>    (A) lands, waters, or interests therein, 
                and improvements thereon, where armed conflict 
                occurred; and</DELETED>
                <DELETED>    (B) lands, waters, or interests therein, 
                and improvements thereon in the immediate vicinity 
                where combatants prepared for, advanced toward, or 
                retreated from the conflict,</DELETED>
        <DELETED>including any lands, waters, interests, and 
        improvements adjacent to or related to the area that are 
        necessary to protect and interpret the history of the area for 
        the benefit of present and future generations.</DELETED>
        <DELETED>    (2) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior, acting through the Director of the 
        National Park Service.</DELETED>

<DELETED>SEC. 204. PRESERVATION ASSISTANCE.</DELETED>

<DELETED>    (a) In General.--The Secretary may study and provide 
technical and financial assistance for the planning, identification, 
interpretation, stabilization, and acquisition of American battlefields 
in furtherance of the purposes of this title.</DELETED>
<DELETED>    (b) Assistance Under Other Law.--Assistance under this 
title shall be supplemental to any other assistance provided under any 
other law.</DELETED>
<DELETED>    (c) Cooperative Agreements.--</DELETED>
        <DELETED>    (1) Purpose.--The Secretary shall provide 
        assistance under this title by means of cooperative 
        agreements.</DELETED>
        <DELETED>    (2) Contents.--A cooperative agreement shall 
        contain--</DELETED>
                <DELETED>    (A) an agreement on the part of the direct 
                beneficiary of financial assistance that, for the 
                period of time specified by the Secretary--</DELETED>
                        <DELETED>    (i) no alteration will be made in 
                        the property for which the assistance is 
                        provided without the concurrence of the 
                        Secretary; and</DELETED>
                        <DELETED>    (ii) reasonable public access will 
                        be permitted to the property for interpretive 
                        and educational purposes; and</DELETED>
                <DELETED>    (B) such other terms and conditions as the 
                Secretary deems appropriate to protect the public 
                interest and to further the purposes of this 
                title.</DELETED>
<DELETED>    (d) Persons Eligible for Assistance.--The Secretary may 
provide assistance under this title directly to Federal, State, and 
local governments, tribal governments, public and private institutions, 
individuals, corporations, groups, or any other interested person or 
entity.</DELETED>
<DELETED>    (e) Ineligible Projects.--No financial assistance may be 
provided under this title--</DELETED>
        <DELETED>    (1) for acquisition or stabilization of land or an 
        interest in land or improvements on land unless the Secretary 
        determines that there is in effect and applicable to the 
        battlefield in which the land is located a battlefield 
        protection plan that supports the preservation of the 
        battlefield in its historic condition; or</DELETED>
        <DELETED>    (2) for normal day-to-day operation and 
        maintenance of any property.</DELETED>

<DELETED>SEC. 205. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    There are authorized to be appropriated such sums as are 
necessary to carry out this title, to remain available until 
expended.</DELETED>

<DELETED>SEC. 206. REPEAL.</DELETED>

<DELETED>    (a) In General.--This title is repealed as of the date 
that is 10 years after the date of enactment of this title.</DELETED>
<DELETED>    (b) No Effect on General Authority.--The Secretary may 
continue to conduct battlefield studies in accordance with other 
authorities available to the Secretary.</DELETED>
<DELETED>    (c) Unobligated Funds.--Any funds made available under 
this title that remain unobligated shall be credited to the general 
fund of the Treasury.</DELETED>

 TITLE I--REVOLUTIONARY WAR AND WAR OF 1812 HISTORIC PRESERVATION STUDY

SECTION 101. SHORT TITLE.

    This title may be cited as the ``Revolutionary War and War of 1812 
Historic Preservation Study Act of 1995''.

SEC. 102. FINDINGS.

    Congress finds that--
            (1) Revolutionary War sites and War of 1812 sites provide a 
        means for Americans to understand and interpret the periods in 
        American history during which the Revolutionary War and War of 
        1812 were fought;
            (2) the historical integrity of many Revolutionary War 
        sites and War of 1812 sites is at risk because many of the 
        sites are located in regions that are undergoing rapid urban or 
        suburban development; and
            (3) it is important, for the benefit of the United States, 
        to obtain current information on the significance of, threats 
        to the integrity of, and alternatives for the preservation and 
        interpretation of Revolutionary War sites and War of 1812 
        sites.

SEC. 103. DEFINITIONS.

    In this title:
            (1) Director.--The term ``Director'' means the Director of 
        the National Park Service.
            (2) Revolutionary war site.--The term ``Revolutionary War 
        site'' means a site or structure situated in the United States 
        that is thematically tied with the nationally significant 
        events that occurred during the Revolutionary War.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (4) War of 1812 site.--The term ``War of 1812 site'' means 
        a site or structure situated in the United States that is 
        thematically tied with the nationally significant events that 
        occurred during the War of 1812.

SEC. 104. STUDY.

    (a) Preparation.--The Secretary, acting through the Director, shall 
work with State, local, nonprofit, and private entities to prepare a 
study of Revolutionary War sites and War of 1812 sites.
    (b) Matters To Be Addressed.--The study under subsection (a) 
shall--
            (1) identify Revolutionary War sites and War of 1812 sites, 
        including sites within units of the National Park System in 
        existence on the date of enactment of this Act;
            (2) determine the relative significance of the sites;
            (3) assess short- and long-term threats to the integrity of 
        the sites;
            (4) provide alternatives for the preservation and 
        interpretation of the sites by Federal, State, and local 
        governments, or other public or private entities, as may be 
        appropriate; and
            (5) research and propose land preservation techniques.
    (c) Consultation.--During the preparation of the study under 
subsection (a), the Director shall consult with--
            (1) the Governor of each affected State;
            (2) each affected unit of local government;
            (3) State and local historic preservation organizations;
            (4) scholarly organizations; and
            (5) such other interested parties as the Secretary 
        considers advisable.
    (d) Transmittal to Congress.--Not later than 2 years after the date 
on which funds are made available to carry out the study under 
subsection (a), the Director shall transmit a report describing the 
results of the study to the Committee on Resources of the House of 
Representatives and the Committee on Energy and Natural Resources of 
the Senate.
    (e) Report.--If the Director submits a report on the study to the 
Director of the Office of Management and Budget, the Secretary shall, 
pending approval by the Director of the Office of Management and 
Budget, transmit copies of the report to the Committee on Resources of 
the House of Representatives and the Committee on Energy and Natural 
Resources of the Senate.
    (f) Permission From Private Property Owners.--The Secretary may not 
include private property in a report transmitted to Congress under 
subsection (d) or (e) without consent from the owner of the property.

SEC. 105. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to carry out this title 
$750,000, to remain available until expended.

           TITLE II--AMERICAN BATTLEFIELD PROTECTION PROGRAM

SEC. 201. SHORT TITLE.

    This title may be cited as the ``American Battlefield Protection 
Act of 1995''.

SEC. 202. PURPOSE.

    The purpose of this title is to assist citizens, public and private 
institutions, and governments at all levels in planning, interpreting, 
and protecting sites where historic battles were fought on American 
soil during the armed conflicts that shaped the growth and development 
of the United States, in order that present and future generations may 
learn and gain inspiration from the ground where Americans made their 
ultimate sacrifice.

SEC. 203. PRESERVATION ASSISTANCE.

    (a) In General.--Notwithstanding any other provision of law, using 
the established national historic preservation program to the extent 
practicable, the Secretary of the Interior, acting through the American 
Battlefield Protection Program, shall encourage, support, assist, 
recognize, and work in partnership with citizens, Federal, State, 
local, and tribal governments, other public entities, educational 
institutions, and private nonprofit organizations in identifying, 
researching, evaluating, developing, managing, interpreting, and 
protecting historic battlefields and associated sites on a National, 
State, and local level.
    (b) Financial Assistance.--To carry out subsection (a), the 
Secretary may use a cooperative agreement, grant, contract, or other 
generally accepted means of providing financial assistance.

SEC. 204. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary 
to carry out this title, to remain available until expended.

SEC. 205. REPEAL.

    (a) In General.--This title is repealed as of the date that is 10 
years after the date of enactment of this title.
    (b) No Effect on General Authority.--The Secretary may continue to 
conduct battlefield studies in accordance with other authorities 
available to the Secretary.
    (c) Unobligated Funds.--Any funds made available under this title 
that remain unobligated shall be credited to the general fund of the 
Treasury.
            Amend the title so as to read: ``A bill to provide for the 
        study of battlefields of the Revolutionary War and the War of 
        1812, to establish an American Battlefield Protection Program, 
        and for other purposes.''.