[Congressional Record Volume 155, Number 36 (Monday, March 2, 2009)]
[House]
[Pages H2880-H2882]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




      REVOLUTIONARY WAR AND WAR OF 1812 BATTLEFIELD PROTECTION ACT

  Mr. HOLT. Madam Speaker, I move to suspend the rules and pass the 
bill (H.R. 146) 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. 146

       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) Definitions.--In this Act:
       (1) Battlefield report.--The term ``battlefield report'' 
     means the document titled ``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.
       (2) Eligible Entity.--The term ``eligible entity'' means a 
     State or local government.
       (3) Eligible site.--The term ``eligible site'' means a site 
     that--
       (A) is not within the exterior boundaries of a unit of the 
     National Park System; and
       (B) is identified in the battlefield report.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior, acting through the American Battlefield 
     Protection Program.
       (b) 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.
       (c) Nonprofit Partners.-- An eligible entity may acquire an 
     interest in an eligible site using a grant under this section 
     in partnership with nonprofit organization.
       (d) Non-Federal Share.--The non-Federal share of the total 
     cost of acquiring an interest in an eligible site under this 
     section shall be not less than 50 percent.
       (e) Limitations on Land Use.--An interest in an eligible 
     site acquired under this section 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)).
       (f) Willing Seller.--Acquisitions of land and interests in 
     land under this Act shall be limited to acquisitions, from 
     willing sellers only, of conservation easements and fee-
     simple purchases of eligible sites.
       (g) Reports.--
       (1) In general.--Not later than 5 years after the date of 
     the enactment of this Act, the Secretary shall submit to 
     Congress a report on the activities carried out under this 
     section.
       (2) Update on Battlefield Report.--Not later than 3 years 
     after the date of the enactment of this Act, the Secretary 
     shall submit to Congress a report that updates the 
     battlefield report to reflect--
       (A) 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;
       (B) changes in the condition of the battlefields and 
     associated sites during that period; and

[[Page H2881]]

       (C) any other relevant developments relating to the 
     battlefields and associated sites during that period.
       (h) Authorizations of Appropriations.--
       (1) In general.--There are authorized to be appropriated to 
     the Secretary from the Land and Water Conservation Fund to 
     provide grants under this Act $10,000,000 for each of fiscal 
     years 2010 through 2014.
       (2) Update of Battlefield Report.--There are authorized to 
     be appropriated to the Secretary to carry out subsection 
     (g)(2), $500,000.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
Jersey (Mr. Holt) and the gentleman from Nebraska (Mr. Smith) each will 
control 20 minutes.
  The Chair recognizes the gentleman from New Jersey.


                             General Leave

  Mr. HOLT. Madam Speaker, I ask unanimous consent that all Members may 
have 5 legislative days to revise and extend their remarks and to 
include extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New Jersey?
  There was no objection.
  Mr. HOLT. Madam Speaker, I rise as the sponsor of H.R. 146, the 
Revolutionary War and War of 1812 Battlefield Protection Act, which I 
introduced for myself and a number of other Members. I would like to 
thank Chairman Rahall and Chairman Grijalva for their help in bringing 
this legislation to the floor.
  Madam Speaker, from the shot heard around the world in Lexington to 
the beginning of the winning, when Washington and his soldiers crossed 
the Delaware, on 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.
  As noted historian, David Hackett Fischer, testified before the 
Natural Resources Committee last year, ``from long experience I can 
testify that one of the best ways to learn about history is to go to 
sites, and get on the ground.'' I could not agree more.
  While one can read about the American Revolution and the values that 
were fought for and established at that time, or read about the War of 
1812 when the fledgling country fought to maintain its independence, 
history is best experienced, however, not by reading but by feeling, 
touching and living what was experienced in those trying times. There 
is no better way to experience the history of the founding of our great 
Nation than on the hallowed ground where the epic struggle for our 
Nation's independence took place.
  Preserving these American historic treasures is essential to 
remembering the sacrifices that our forefathers made to secure our 
freedom and our independence, and it is vital for educating the current 
generations and future generations and about our rich cultural 
heritage. Unfortunately, urbanization, suburban sprawl and unplanned 
development continually encroach on many of the significant 
battlefields of that period. This encroachment poses a severe and 
growing risk to the preservation of these historic significant sites.
  Last spring, the National Park Service published its report to 
Congress on the status of the Revolutionary War and the War of 1812 
sites in the United States. This report demonstrates that there is a 
great need to act and to act quickly to preserve many of these sites. 
Out of the 677 naturally significant battlefields and associated sites 
of the Revolutionary War and the War of 1812, 99, according to the 
National Park Service, are lost forever already; 234 are fragmented or 
in poor condition; an additional 170 are in danger of being destroyed 
within the next decade.
  H.R. 146 would help State and local governments and non-profits 
protect and preserve these battlefields and historic sites by 
authorizing the use of money from the Land and Water Conservation Fund 
to provide up to 50 percent of the costs of purchasing battlefield land 
threatened by sprawl and commercial development. This legislation is 
patterned after the successful Civil War Battlefield Protection Program 
that has been in effect for quite some time now.
  I might add, it was an oversight, I would say, that decades ago, 
these battlefields and sites of the War of 1812 and the Revolutionary 
War were not included under the same umbrella. Now is the time to do 
it. Now is past the time to do it.
  My home State of New Jersey played a unique role in the American 
Revolution. I was pleased when, a couple of years ago, Congress took 
action to protect the battlefields in historic sites where this 
conflict took place. We passed legislation that created the Crossroads 
of the American Revolution National Heritage Area linking hundreds of 
sites across 14 counties in New Jersey where more military engagements 
took place than in any other States. New Jersey was truly the 
crossroads of the American Revolution for a number of reasons, and I'm 
pleased we're taking steps to preserve the record of those engagements.
  There's a fundamental misconception that the American Revolution and 
War of 1812 took place only in the Northeast. In truth, the story of 
the American Revolution and the War of 1812 crisscrosses 33 States, 
from New York to Louisiana, from Georgia to Oregon. Enacting this 
legislation would allow each of these States to preserve better their 
history and their role in the War of 1812 and the American Revolution.
  Soon, I will be introducing legislation that will provide additional 
funding for the program created in this legislation, H.R. 149. That 
legislation, the American Revolution and War of 1812 Commemorative Coin 
Act, is modeled after the Civil War Battlefield Commemorative Coin Act 
of 1992, which has raised over $6 million for battlefield preservation.
  Enacting that bill will allow many more historic battlefields to be 
preserved. Enacting this bill will make it possible for our children 
and their children and other generations to enjoy and learn. We want to 
give Americans the opportunity to learn history, to feel history, to 
experience history so that they understand the principles on which this 
country was founded. People who know history can be better citizens, 
more engaged in current civic affairs and more cognizant of their place 
in history.
  I urge my colleagues to support and vote for this important 
legislation.
  I reserve the balance of my time.
  Mr. SMITH of Nebraska. Madam Speaker, I yield myself as much time as 
I may consume.
  During hearings on this bill in the 110th Congress, the Committee on 
Natural Resources heard testimony from historian David Hackett Fischer. 
Mr. Fischer's writings on the Revolutionary War point out General 
Washington's support for property rights and the strong actions he took 
to ensure that his soldiers respected 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 and with so noble a 
cause, he imposed on the Patriot side such a high standard of conduct.
  Washington's honorable policy stood in stark contrast to the routine 
seizures by the British and Hessian troops. It is no accident that over 
the course of the early years of the war, 1776 and 1777, in the 
battleground State of New Jersey, a population that was once evenly 
divided in its loyalty 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 used its 
eminent domain powers to seize lands from unwilling sellers. The 
justified resentment this caused hurt subsequent efforts.
  I hope that as we set out to preserve historic sites, we emulate 
George Washington and not George III.
  I yield back the balance of my time.
  Mr. HOLT. Madam Speaker, with the urging to my colleagues to support 
this legislation, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from New Jersey (Mr. Holt) that the House suspend the rules 
and pass the bill, H.R. 146, 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. SMITH of Nebraska. Madam Speaker, I object to the vote on the 
ground that a quorum is not present

[[Page H2882]]

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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