[Congressional Record Volume 169, Number 183 (Monday, November 6, 2023)]
[House]
[Pages H5412-H5414]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    AMERICAN BATTLEFIELD PROTECTION PROGRAM ENHANCEMENT ACT OF 2023

  Mr. WESTERMAN. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 3448) to amend chapter 3081 of title 54, United States Code, 
to enhance the protection and preservation of America's battlefields, 
as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 3448

       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 ``American Battlefield 
     Protection Program Enhancement Act of 2023''.

     SEC. 2. AMERICAN BATTLEFIELD PROTECTION PROGRAM IMPROVEMENTS.

       (a) Definitions.--Section 308101 of title 54, United States 
     Code, is amended to read as follows:

     ``Sec. 308101. Definitions

       ``In this chapter:
       ``(1) Secretary.--The term `Secretary' means the Secretary, 
     acting through the American Battlefield Protection Program.
       ``(2) Battlefield reports.--The term `Battlefield Reports' 
     means, collectively--
       ``(A) the document entitled `Report on the Nation's Civil 
     War Battlefields', prepared by the Civil War Sites Advisory 
     Commission, and dated July 1993; and
       ``(B) 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) Preservation Assistance.--Section 308102(a) of title 
     54, United States Code, is amended by striking ``Federal'' 
     and all that follows through ``organizations'' and inserting 
     ``Federal agencies, States, Tribes, local governments, other 
     public entities, educational institutions, and nonprofit 
     organizations''.

[[Page H5413]]

       (c) Battlefield Land Acquisition Grants Improvements.--
     Section 308103 of title 54, United States Code, is amended--
       (1) by amending subsection (a) to read as follows:
       ``(a) Eligible Site Defined.--In this section, the term 
     `eligible site'--
       ``(1) 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 Reports as a 
     battlefield; and
       ``(2) excludes sites identified in the Battlefield Reports 
     as associated historic sites.'';
       (2) in subsection (b), by striking ``State and local 
     governments'' and inserting ``States, Tribes, local 
     governments, and nonprofit organizations'';
       (3) in subsection (c), by striking ``State or local 
     government'' and inserting ``State, Tribe, or local 
     government''; and
       (4) in subsection (e), by striking ``under this section'' 
     and inserting ``under this section, including by States, 
     Tribes, local governments, and nonprofit organizations,''.
       (d) Battlefield Restoration Grants Improvements.--Section 
     308105 of title 54, United States Code, is amended--
       (1) by amending subsection (a) to read as follows:
       ``(a) Establishment.--The Secretary shall establish a 
     battlefield restoration grant program (referred to in this 
     section as the `program') under which the Secretary may 
     provide grants to States, Tribes, local governments, and 
     nonprofit organizations for projects that restore day-of-
     battle conditions on--
       ``(1) land preserved and protected under the battlefield 
     acquisition grant program established under section 
     308103(b); or
       ``(2) battlefield land that is--
       ``(A) owned by a State, Tribe, local government, or 
     nonprofit organization; and
       ``(B) referred to in the Battlefield Reports.''; and
       (2) by striking subsection (b) and inserting the following:
       ``(b) Eligible Sites.--The Secretary may make grants under 
     this section for Revolutionary War, War of 1812, and Civil 
     War battlefield sites--
       ``(1) eligible for assistance under the battlefield 
     acquisition grant program established under section 
     308103(b); or
       ``(2) on battlefield land that is--
       ``(A) owned by a State, Tribe, local government, or 
     nonprofit organization; and
       ``(B) referred to in the Battlefield Reports.''.
       (e) Updates and Improvements.--Chapter 3081 of title 54, 
     United States Code, is amended by adding at the end the 
     following:

     ``Sec. 308106. Updates and improvements to Battlefield 
       Reports

       ``Not later than 2 years after the date of the enactment of 
     this section, and every 10 years thereafter, the Secretary 
     shall submit to Congress a report that updates the 
     Battlefield Reports to reflect--
       ``(1) preservation activities carried out at the 
     battlefields in the period since the publication of the most 
     recent Battlefield Reports update;
       ``(2) changes in the condition, including core and study 
     areas, of the battlefields during that period; and
       ``(3) any other relevant developments relating to the 
     battlefields during that period.''.
       (f) Clerical Amendment.--The table of sections for chapter 
     3081 of title 54, United States Code, is amended as follows:
       (1) By amending the item relating to section 308101 to read 
     as follows:

``308101. Definitions.''.
       (2) By adding at the end the following:

``308106. Updates and improvements to Battlefield Reports.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Arkansas (Mr. Westerman) and the gentleman from Arizona (Mr. Grijalva) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Arkansas.


                             General Leave

  Mr. WESTERMAN. Mr. Speaker, I ask unanimous consent that all Members 
have 5 legislative days to revise and extend their remarks and include 
extraneous material on H.R. 3448, as amended, the bill now under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Arkansas?
  There was no objection.
  Mr. WESTERMAN. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I rise in strong support of my colleague and friend from 
New York, Congresswoman Stefanik's legislation, the American 
Battlefield Protection Program Enhancement Act of 2023.
  Our Nation's battlefields are hallowed sites that showcase the trials 
and triumphs that shaped our great Nation. From the American Revolution 
to the Civil War, battlefield sites now serve as outdoor classrooms 
that ensure future generations can learn about the conflicts that 
forged our great Nation.
  Battlefields remind us of our storied, complex history. They also 
provide a way to honor those who fought and whose lives were lost. As 
we approach Veterans Day this Friday, I think it is important and 
appropriate that we reflect on the best ways that we can protect our 
Nation's military history for future generations.
  Unfortunately, despite the rich history of these locations, many of 
these hallowed grounds have been lost or destroyed throughout the past 
centuries. In fact, the American Battlefield Trust estimates that 1 
acre of hallowed ground is lost every hour on average. To address the 
loss of sacred battlefield sites, Congress created the American 
Battlefield Protection Program in 1996.
  The program provides grants to protect sites related to the 
Revolutionary War, War of 1812, and the Civil War. Since its 
conception, the American Battlefield Protection Program has helped 
protect more than 100 battlefields in 42 States and protect battlefield 
lands at 110 battlefield sites in 19 States.
  Unfortunately, not all battlefields are covered by this program. One 
of those battlefields is Jenkins' Ferry State Park, in my home 
district. Representative Stefanik's legislation would expand this 
program so battlefields like Jenkins' Ferry can receive restoration and 
interpretation assistance.
  Jenkins' Ferry is one of three battlefields in south central Arkansas 
that make up the Red River Campaign National Historic Landmark. In 1864 
Confederate soldiers attacked the Union Army during the Battle of 
Jenkins' Ferry. Union soldiers were able to retreat using a ferry site 
that still exists within the park today. Jenkins' Ferry State Park also 
features many interpretive sites and memorials to soldiers who lost 
their lives during the Battle of Jenkins' Ferry.
  This is an important economic driver for my community and also an 
important recreation area. I am thankful this legislation will help 
improve this State park for generations to come.
  H.R. 3448 would also allow educational institutions, nonprofit 
organizations, and Tribes to receive grants directly. The American 
Battlefield Protection Program is a shining example of public-private 
partnerships and expanding the eligible list of nonFederal partners is 
a commonsense solution for these organizations and local communities.
  Lastly, the bill directs regular updates of battlefield reports 
conducted by the National Park Service and focuses resources on the 
highest priority battlefield locations. As technology changes and 
advances, these updates will be crucial in identifying new battlefield 
areas that served as pivotal points of conflict or need additional 
protections.
  This bipartisan bill, which is cosponsored by 50 bipartisan Members, 
will enhance conservation, promote recreation, spur economic growth, 
and help protect our Nation's history.
  Mr. Speaker, I urge my colleagues to support this bill. I thank 
Representative Stefanik for her leadership, and I reserve the balance 
of my time.
  Mr. GRIJALVA. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, H.R. 3448, the American Battlefield Protection Program 
Enhancement Act, reauthorizes and updates the American Battlefield 
Protection Program to strengthen ongoing preservation efforts of 
historic battlefields.
  Under this program, the National Park Service provides grants through 
the Land and Water Conservation Fund for preservation planning, land 
acquisition, restoration, and interpretation in order to preserve these 
unique resources associated with this Nation's military history.
  The bill will protect and preserve our historic battlefields to 
ensure that we do not lose this connection to our history. I support 
the effort to ensure the continuation of this important and meaningful 
program.
  I note this bill sets a new precedent for the Land and Water 
Conservation Fund by authorizing direct grants to nonprofit 
organizations.
  While this is a break from past practice, I want to thank the 
majority for their willingness to work with us on language that 
guarantees permanent protection of any land purchased with money 
provided by the American Battlefield Protection Program.
  I urge my colleagues to support the bill. Any reservations we have, 
as it goes forward in the Senate, we hope

[[Page H5414]]

those discussions will continue. If any efforts are made to make the 
legislation better and more inclusive of the goal of the legislation, 
we will support that as well.
  Mr. Speaker, I have no other speakers, and I yield back the balance 
of my time.
  Mr. WESTERMAN. Mr. Speaker, I yield such time as she may consume to 
the gentlewoman from New York (Ms. Stefanik), who is the lead sponsor 
of this bill.

  Ms. STEFANIK. Mr. Speaker, I thank the chair for yielding me time.
  Mr. Speaker, I rise today in support of my legislation, the American 
Battlefield Protection Program Enhancement Act. I take the time to 
thank our chairman, Bruce Westerman, and the ranking member for their 
support throughout this process both in committee but also in visiting 
with so many communities that understand the importance of preserving 
and protecting these most hallowed grounds.
  I introduced this bipartisan legislation with my Congressional 
Battlefield Caucus co-chair, Mr. Connolly of Virginia, to preserve and 
improve the American Battlefield Protection Program, one of the most 
successful land preservation programs managed by the National Park 
Service. Since its inception, the American Battlefield Protection 
Program has helped protect more than 100 battlefields in 42 States, 
including Fort Ann in my district in upstate New York.
  New York's 21st District is truly the cradle of the American 
Revolution, home to Fort Ticonderoga, Fort Ann, and the Bennington 
Battlefield. However, as people across upstate New York and the North 
Country will proudly tell you, Mr. Speaker, our deep military history 
extends beyond the American Revolution and incorporates many important 
battlefields from the French and Indian War through the War of 1812.
  I, myself, grew up going to these historic sites, and I consider them 
part of the classroom of my childhood education. For years, I have been 
proud to lead the charge to preserve these historic battlefields in the 
Congress as the co-chair of the Congressional Battlefield Caucus. It is 
critical that we preserve and honor the places Americans gave their 
last full measure of devotion in order to ensure future generations of 
Americans learn the lessons of those sacrifices on these very hallowed 
grounds.
  This bill also allows nonprofits and Tribes to apply to the program 
directly, instead of having to go through a government sponsor. 
Removing this burdensome hurdle cuts through bureaucracy allowing these 
entities to be more efficient and effective in preserving our 
endangered battlefields.
  This legislation also clarifies the eligibility of Revolutionary War 
and War of 1812 sites for battlefield land acquisition grants to ensure 
the program is used to preserve battlefield land, while also creating a 
process for the National Park Service to expand and update battlefield 
boundaries.
  With emerging archeological technologies, historical boundaries of 
various battlefields have shifted as we learn more. Without the program 
improvements in my bill, portions of battlefields with newly discovered 
historic importance stand to be lost. We must not allow this to happen 
and, instead, strive to ensure these critical pieces of our history--
our most hallowed history--are preserved for future generations.
  Mr. Speaker, I urge my colleagues to join me in support of the 
bipartisan American Battlefield Protection Program Enhancement Act to 
ensure these battlefields continue to be preserved for years and 
generations to come.
  Mr. WESTERMAN. Mr. Speaker, again, I thank the gentlewoman from New 
York for her excellent bipartisan work on this piece of legislation.
  Mr. Speaker, in honor of Veterans Day and in honor of the hallowed 
history that we have, I urge adoption of this bill which will protect 
the sites of sacrifice and struggle that allow us to be here today in 
this Chamber, and I yield back the balance of my time.
  Mr. CONNOLLY. Mr. Speaker, I rise today to speak in support of the 
American Battlefield Protection Program Enhancement Act, a vital piece 
of legislation that I had the privilege of introducing with my fellow 
Congressional Battlefield Caucus co-chair Congresswoman Elise Stefanik. 
This bill builds upon the success of the American Battlefield 
Protection Program (ABPP), which has played a crucial role in 
preserving our Nation's hallowed battlegrounds associated with the 
Revolutionary War, the War of 1812, and the Civil War. Since its 
inception in 2002, the ABPP has helped conserve over 35,000 acres of 
historic battlefield land across 42 States.
  The American Battlefield Protection Program Enhancement Act proposes 
several important improvements to further enhance the effectiveness of 
ABPP.
  It would allow non-profit organizations and tribes to apply for ABPP 
grants directly. Currently, only government entities are eligible to 
seek these grants. This change will expedite the preservation of 
endangered battlefields by broadening the pool of eligible applicants 
and harnessing the commitment and expertise of nonprofit organizations 
and tribal nations.
  Additionally, the bill clarifies the scope of ABPP's restoration 
grants. Currently, these grants can only be utilized on land preserved 
using ABPP program funding. This proposed change will extend the use of 
restoration grants to other priority battlefields identified in the 
1993 Civil War Sites Advisory Commission Report and in the 2007 Report 
to Congress on the Historic Preservation of Revolutionary War and War 
of 1812 Sites. This will ensure that their historical significance can 
be maintained and restored.
  This legislation also clarifies the eligibility of Revolutionary War 
and War of 1812 sites for Battlefield Land Acquisition Grants. By 
codifying that these grants are solely intended for battlefield sites 
as identified in the Congressionally authorized reports on these two 
conflicts, we will uphold the original intent of ABPP and ensure the 
protection of these historic battlegrounds.
  Finally, the bill introduces a much-needed process for updating 
battlefield boundaries. Despite decades of new research and 
archaeological discoveries, the National Park Service currently lacks a 
method to modify and update the battlefield maps they use. Without a 
systematic process for modifying boundaries, we risk losing portions of 
battlefields whose importance has been revealed through ongoing 
research. Our bill would require the National Park Service to 
periodically update the battlefield reports to Congress.
  The American Battlefield Protection Program Enhancement Act is a 
critical step in our ongoing efforts to protect our Nation's heritage 
by building a rich educational experience for students and visitors 
alike. By allowing non-profits and tribes to apply for ABPP grants, 
clarifying the scope of restoration grants, ensuring eligibility for 
Revolutionary War and War of 1812 Sites, and creating a process for 
updating battlefield boundaries, we will better preserve and honor the 
memories of those who fought for our Nation's independence and unity.
  I urge my esteemed colleagues to support the passage of this bill, 
which will strengthen the ABPP and contribute to the lasting 
preservation of our Nation's most storied battlefields. By doing so, we 
will continue to pay homage to our history and ensure that future 
generations can learn from the sacrifices made on these sacred grounds.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Arkansas (Mr. Westerman) that the House suspend the 
rules and pass the bill, H.R. 3448, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________