[Congressional Record Volume 154, Number 150 (Monday, September 22, 2008)]
[House]
[Pages H8491-H8493]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




      REVOLUTIONARY WAR AND WAR OF 1812 BATTLEFIELD PROTECTION ACT

  Ms. BORDALLO. Madam Speaker, I move to suspend the rules and pass the 
bill (H.R. 160) to amend the American Battlefield Protection Act of 
1996 to establish a battlefield acquisition grant program for the 
acquisition and protection of nationally significant battlefields and 
associated sites of the Revolutionary War and the War of 1812, and for 
other purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                H.R. 160

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Revolutionary War and War of 
     1812 Battlefield Protection Act''.

     SEC. 2. BATTLEFIELD ACQUISITION GRANT PROGRAM FOR 
                   BATTLEFIELDS OF THE REVOLUTIONARY WAR AND WAR 
                   OF 1812.

       (a) Grant Program.--The American Battlefield Protection Act 
     of 1996 (section 604 of division I of Public Law 104-333; 16 
     U.S.C. 469k) is amended--
       (1) by redesignating subsection (e) as subsection (f); and
       (2) by inserting after subsection (d) the following new 
     subsection:
       ``(e) Battlefield Acquisition Grant Program for 
     Battlefields of the Revolutionary War and War of 1812.--
       ``(1) Definitions.--In this subsection:
       ``(A) Battlefield report.--The term `battlefield report' 
     means the document entitled `Report to Congress on the 
     Historic Preservation of Revolutionary War and War of 1812 
     Sites in the United States', prepared by the National Park 
     Service, and dated September 2007.
       ``(B) Eligible entity.--The term `eligible entity' means a 
     State or local government.
       ``(C) Eligible site.--The term `eligible site' means a site 
     that--
       ``(i) is not within the exterior boundaries of a unit of 
     the National Park System; and
       ``(ii) is identified in the battlefield report.
       ``(D) Secretary.--The term `Secretary' means the Secretary 
     of the Interior, acting through the American Battlefield 
     Protection Program.
       ``(2) Establishment.--The Secretary shall establish a 
     battlefield acquisition grant program for nationally 
     significant battlefields and associated sites of the 
     Revolutionary War and the War of 1812 under which the 
     Secretary may make grants to eligible entities to pay the 
     Federal share of the cost of acquiring fee-simple or lesser 
     interests from willing sellers in eligible sites for the 
     preservation and protection of those eligible sites.
       ``(3) Nonprofit partners.--An eligible entity may acquire 
     an interest in an eligible site using a grant under this 
     subsection in partnership with a nonprofit organization.
       ``(4) Non-federal share.--The non-Federal share of the 
     total cost of acquiring an interest in

[[Page H8492]]

     an eligible site under this subsection shall be not less than 
     50 percent.
       ``(5) Limitations on land use.--An interest in an eligible 
     site acquired under this subsection shall be subject to 
     section 6(f)(3) of the Land and Water Conservation Fund Act 
     of 1965 (16 U.S.C. 4601-8(f)(3)).
       ``(6) Reports.--
       ``(A) In general.--Not later than 5 years after the date of 
     the enactment of this subsection, the Secretary shall submit 
     to Congress a report on the activities carried out under this 
     subsection.
       ``(B) Update on battlefield report.--Not later than 3 years 
     after the date of the enactment of this subsection, the 
     Secretary shall submit to Congress a report that updates the 
     battlefield report to reflect--
       ``(i) preservation activities carried out at the 677 
     battlefields and associated sites identified in the 
     battlefield report during the period between publication of 
     the battlefield report and the update;
       ``(ii) changes in the condition of the battlefields and 
     associated sites during that period; and
       ``(iii) any other relevant developments relating to the 
     battlefields and associated sites during that period.
       ``(7) Authorizations of appropriations.--
       ``(A) In general.--There are authorized to be appropriated 
     to the Secretary from the Land and Water Conservation Fund to 
     provide grants under this subsection $10,000,000 for each of 
     fiscal years 2009 through 2013.
       ``(B) Update of battlefield report.--There are authorized 
     to be appropriated to the Secretary to carry out paragraph 
     (6)(B), $500,000.''.
       (b) Conforming Amendments.--
       (1) References to other battlefield acquisition program.--
     Subsection (d) of the American Battlefield Protection Act of 
     1996, as added by section 3 of Civil War Battlefield 
     Preservation Act of 2002 (Public Law 107-359; 116 Stat. 
     3016), is amended--
       (A) in the subsection heading, by striking ``Battlefield 
     Acquisition Grant Program'' and inserting ``Battlefield 
     Acquisition Grant Program for Battlefields of the Civil 
     War''; and
       (B) in paragraph (2), by striking ``grant program'' and 
     inserting ``grant program for battlefields of the Civil 
     War''; and
       (2) Termination of authority.--Subsection (f) of the 
     American Battlefield Protection Act of 1996, as redesignated 
     by subsection (a)(1), is amended--
       (A) in the subsection heading, by striking ``Repeal'' and 
     inserting ``Expiration''; and
       (B) in paragraph (1), by striking ``is repealed'' and 
     inserting ``expires''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
Guam (Ms. Bordallo) and the gentleman from Alaska (Mr. Young) each will 
control 20 minutes.
  The Chair recognizes the gentlewoman from Guam.


                             General Leave

  Ms. BORDALLO. Madam Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their remarks 
and include extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from Guam?
  There was no objection.
  Ms. BORDALLO. Madam Speaker, H.R. 160, the Revolutionary War and War 
of 1812 Battlefield Protection Act was introduced by my colleague on 
the Natural Resources Committee, the Honorable Congressman Rush Holt. 
This bill would provide Federal matching grants to help in the 
acquisition and preservation of nationally significant battlefields and 
associated sites of the Revolutionary War and the War of 1812.
  Urbanization, suburban sprawl and unplanned commercial and 
residential development have increasingly encroached upon these 
battlefield sites, threatening their historical integrity, and even 
resulting in the loss of some sites all together. A 2007 National Park 
Service study concluded that as many as 170 Revolutionary War and War 
of 1812 battlefields and associated sites face imminent injury or 
destruction in the next decade.
  H.R. 160 will enable State and local governments to obtain Federal 
grants to leverage matching private funds to acquire endangered sites 
for preservation and protection of these places which influence the 
course of our American history.
  I want to thank the gentleman from New Jersey (Mr. Holt) for all his 
work on this legislation and his commitment to the preservation of 
these historic places. I ask my colleagues to support passage of this 
measure.
  I reserve the balance of my time.
  Mr. YOUNG of Alaska. Madam Speaker, I yield myself as much time as I 
may consume.
  (Mr. YOUNG of Alaska asked and was given permission to revise and 
extend his remarks.)
  Mr. YOUNG of Alaska. During hearings on this bill, the committee 
heard testimony from historian David Hackett Fischer, whose writings on 
the Revolutionary War point out George Washington's support for 
property rights and strong actions that he took to ensure that his 
soldiers respect the property of civilians, even when the property 
belonged to a Tory sympathizer.
  Washington personally gave strict orders to forbid looting, even 
though plunder was the norm at the time, and even though many of his 
men were hungry, dressed in rags and marched barefoot in the snow. It 
is remarkable that in so desperate a situation with so noble a cause, 
he imposed on the Patriot side such a high standard on private 
property.
  Washington's honorable policy stood in stark contrast to the routine 
seizure of booty by the British and Hessian troops. It is no accident 
over the course of the early years of the war, 1776 and 1777, in the 
battleground of New Jersey, a population that was once evenly divided 
in its loyal threw its support to the American cause. There are lessons 
we can learn from Washington's example.
  In earlier battlefield protection efforts, the National Park Service 
uses its eminent domain powers to seize land from unwilling sellers. 
The justified resentment of this caused hurt and subsequent efforts.
  Our enthusiasm for battlefield protection notwithstanding, I hope as 
we set out to preserve historic sites that we copy George Washington, 
not George III.
  I reserve the balance of my time.
  Ms. BORDALLO. Madam Speaker, I yield such time as he may consume to 
the gentleman from New Jersey (Mr. Holt), the sponsor of this 
legislation.
  Mr. HOLT. Madam Speaker, I thank the gentlelady from Guam. And I rise 
as the author of H.R. 160, the American revolution and War of 1812 
Battlefield Protection Act, and to urge support of this legislation by 
my colleagues.
  I would like to thank Chairman Rahall and Chairman Grijalva for their 
help in bringing this legislation to the floor today.
  Madam Speaker, from the shot heard around the world at Lexington to 
the beginning of the winning, when Washington crossed the Delaware, to 
the surrender of Lord Cornwallis at Yorktown, the stories of the 
American revolution bring to life the ideals of liberty and democracy 
fostered by our Nation's Founders.
  History is best experienced by those who can touch it, feel it, live 
it, and the battlefields of the American Revolution and the War of 1812 
provide a great opportunity for Americans to experience where and how 
the epic struggle for our Nation's independence took place.
  Preserving these American historic treasures is essential in 
remembering the sacrifices that our forefathers made to secure our 
freedom and independence, and essential for educating future 
generations about our rich cultural history.
  Unfortunately, urbanization, suburban sprawl, unplanned development 
are constantly encroaching on many of the significant battlefields of 
that period. This encroachment poses a severe and growing risk to 
preservation of these historically significant sites.
  As Ms. Bordallo has just said, this spring the National Park Service 
published its report to Congress on the historic preservation of 
Revolutionary War and the War of 1812 sites in the United States. And 
this report shows that there is a great need to act and to act quickly 
to preserve these sites. Out of the 677 nationally significant 
battlefields and associated sites of the Revolutionary War and the War 
of 1812, 99 are already lost forever, 234 are fragmented or in poor 
condition, an additional 170 are in danger of being destroyed in the 
next decade.
  H.R. 160 will authorize the use of money in the Land and Water 
Conservation Fund for the preservation and protection of the 
Revolutionary War and War of 1812 battlefields and related historical 
sites, in addition to the Civil War sites already covered under current 
law. And I might add, that law has been very successful. This 
legislation is patterned after the Civil War battlefields legislation 
which has been so successful.
  This bill will allow officials of the American Battlefield Protection 
Program to collaborate with State and

[[Page H8493]]

local governments and nonprofit organizations to preserve and protect 
the most endangered historical sites, and to provide up to 50 percent 
of the costs of purchasing battlefield land threatened by sprawl and 
commercial development.

                              {time}  1300

  The story of the American Revolution and the War of 1812 crisscrosses 
33 States, from New York to Louisiana, from Georgia to Oregon, and 
enacting this legislation will allow these States to better preserve 
their history and their role in these engagements.
  I have also introduced legislation that I hope Congress will pass 
next year to provide additional funding for the program created in H.R. 
160, the American Revolution and War of 1812 Commemorative Coin Act.
  As the gentleman from Alaska alluded, my home State of New Jersey has 
a unique role in the American Revolution. In 2006, I am pleased to 
report, Congress took action to help protect the battlefields and 
historic sites where this conflict took place. We passed legislation 
that created the Crossroads of the American Revolution national 
heritage area, linking together 14 counties in New Jersey where more 
military engagements took place than in any other State. New Jersey was 
truly the crossroads of the American Revolution for a number of 
reasons, and I am pleased that we are taking steps to preserve the 
record of those engagements. H.R. 160 will allow many more historic 
battlefields to be preserved for our children's and our children's 
children to enjoy. We want to give Americans the opportunity to learn 
history. People who know history can be better citizens today and more 
engaged in current civic affairs.
  I urge my colleagues to support this important legislation.
  Mr. YOUNG of Alaska. I have no further speakers, and I yield back the 
balance of my time.
  Ms. BORDALLO. Madam Speaker, I again urge Members to support the 
bill, and I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from Guam (Ms. Bordallo) that the House suspend the rules 
and pass the bill, H.R. 160, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. YOUNG of Alaska. Madam Speaker, I object to the vote on the 
ground that a quorum is not present and make the point of order that a 
quorum is not present.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.
  The point of no quorum is considered withdrawn.

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