[Senate Report 104-310]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 485
104th Congress                                                   Report
                                 SENATE

 2d Session                                                     104-310
_______________________________________________________________________


 
 REVOLUTIONARY WAR AND WAR OF 1812 HISTORIC PRESERVATION STUDY ACT OF 
                                  1995

                                _______
                                

                 June 28, 1996.--Ordered to be printed

_______________________________________________________________________


  Mr. Murkowski, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 1226]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 1226) 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, having 
considered the same, reports favorably thereon with an 
amendment and an amendment to the title and recommends that the 
bill, as amended, do pass.
    The amendments are as follows:
    1. Strike out all after the enacting clause and insert in 
lieu thereof the following:

 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 State.
  (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 Houseof 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.

    2. 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.''.

                         purpose of the measure

    The purpose of S. 1226 is to direct the Secretary of the 
Interior to prepare a study of battlefields of the 
Revolutionary War and the War of 1812, and to establish an 
American Battlefield Protection Program.

                          background and need

    The study outlined in the bill would direct the Secretary 
of the Interior, acting through the National Park Service, to 
conduct a comprehensive history and review of United States 
sites associated with the Revolutionary War and the War of 
1812. To date, the National Park Service has not undertaken 
such a study for either of these wars. Most of these sites are 
located in highly urbanized areas and the historical integrity 
of many of the sites is believed to be at risk. Such a study 
would provide important information including an inventory of 
sites, and analysis of significant sites, an analysis of the 
current integrity of the sites, and a list of mechanisms 
available to public and private entities for protecting and 
interpreting these sites.
    Just as the results of the study would provide Congress 
with a framework from which to evaluate future proposals for 
national park designation, special resource studies, financial 
support, or other types of assistance or recognition, the 
battlefield protection program would provide an additional 
mechanism 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.

                          legislative history

    S. 1226 was introduced by Senator Jeffords on September 8, 
1995. The Subcommittee for Parks, Historic Preservation and 
Recreation held a hearing on the bill on March 21, 1996. At the 
business meeting on June 19, 1996, the Committee on Energy and 
National Resources ordered S. 1226, as amended, favorably 
reported.

                        committee recommendation

    The Committee on Energy and Natural Resources, in open 
business session on June 19, 1996, by a unanimous voice vote of 
a quorum present, recommends that the Senate pass S. 1226 if 
amended as described herein.

                          committee amendment

    During the consideration of S. 1226, the Committee adopted 
an amendment in the nature of a substitute. The amendment 
directs the Secretary of the Interior to assist State and local 
government agencies or a private entity to conduct the study 
(instead of requiring the National Park Service to conduct the 
study). The intent of the amendment is to encourage local 
involvement in the effort and to diminish the staff and fiscal 
requirements placed on the National Park Service.

                      section-by-section analysis

    Section 101 provides the short title for Title I, namely 
the ``Revolutionary War and War of 1812 Historic Preservation 
Study Act of 1995''.
    Section 102 contains three Congressional findings: (1) 
Revolutionary War and War of 1812 sites provide a means for 
understanding and interpreting American history; (2) the 
historic integrity of many Revolutionary War and War of 1812 
sites is at risk; and (3), it is important that current 
information of the significance and threats to these sites, as 
well as alternatives for their preservation, be obtained.
    Section 103 defines certain terms used in the bill.
    Section 104 directs the Secretary of the Interior, acting 
through the Director of the National Park Service, to work with 
State, local, nonprofit and private entities to prepare a study 
of Revolutionary War sites and War of 1812 sites.
    Section 104(b) provides that the study shall: (1) identify 
these sites; (2) determine their significance; (3) assess 
short- and long-term threats; (4) provide alternatives for 
their preservation and interpretation; and (5) research and 
propose land preservation techniques.
    Section 104(c) directs the Director of the National Park 
Service to work in consultation with: (1) the Governor of each 
affected State; (2) each affected unit of local government; (3) 
State and local preservation organizations; (4) scholarly 
organizations; and (5) other interested parties.
    Section 104(d) states that the results of the study are to 
be transmitted to Congress within two years of the date of 
enactment.
    Section 104(e) directs the Director of the National Park 
Service to submit reports on the study to the Director of the 
Office of Management and Budget, while the Secretary of the 
Interior concurrently sends copies to the appropriate 
Congressional committee.
    Section 104(f) states that the Secretary of the Interior 
may not include private property in the report to Congress 
without first obtaining the permission of the property owner.
    Section 105 authorizes an appropriation of $750,000 to 
carry out the study.
    Section 201 provides that Title II may be cited as the 
``American Battlefield Protection Act of 1995''.
    Section 202 states that the purpose of the title is to 
assist citizens, public and private institutions, and 
governments on all levels in planning, interpreting, and 
protecting sites where historic battles were fought on American 
soil.
    Section 203(a) authorizes the Secretary of the Interior to 
encourage, support, assist, recognize and work in partnership 
with a wide variety of public and private agencies and 
organizations in order to identify, research, evaluate, 
develop, manage, interpret and protect historic battlefields 
and associated sites on the National, State and local level. 
The Secretary is directed to use the established national 
historic preservation program in carrying out this 
authorization.
    Section 203(b) authorizes the Secretary of the Interior to 
use a cooperative agreement, grant, contract or other accepted 
means to provide financial assistance.
    Section 204 authorizes appropriated funds to carry out the 
program, and contains a sunset clause legislating the repeal of 
the Act ten years after the date of enactment. The section 
directs any unobligated funds to be credited to the general 
fund of the Treasury.

                   cost and budgetary considerations

    The following estimate of the cost of this measure has been 
provided by the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, June 26, 1996.
Hon. Frank H. Murkowski,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
reviewed S. 1226, 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. S. 1226 
was ordered reported by the Senate Committee on Energy and 
Natural Resources on June 19, 1996. Assuming appropriation of 
the authorized amounts, we estimate that implementing this bill 
would cost the federal government $750,000 over the next two 
years. Enactment of S. 1226 would not affect direct spending or 
receipts. Therefore, pay-as-you-go procedures would not apply 
to the bill.
    Title I of S. 1226 would direct the National Park Service 
(NPS) to conduct a study of sites associated with the 
Revolutionary War and the War of 1812. The study would identify 
such sites, determine their relative significance, and develop 
alternatives for their preservation and interpretation. The 
bill would authorize the appropriation of $750,000 for the 
study, which must be completed within two years of funding.
    Title II of the bill would authorize the NPS to assist 
governmental agencies, educational institutions, nonprofit 
organizations, and others in interpreting and protecting 
historic battlefields and related sites. The bill would 
authorize the agency to use any generally accepted means of 
providing financial assistance for such purposes, including 
cooperative agreements, grants, or contracts. Finally, section 
204 would authorize the appropriation of whatever sums are 
necessary for these purposes.
    Based on information provided by the NPS, and assuming 
appropriation of the amounts authorized, we estimate that the 
federal government would spend $750,000 over the next two years 
to carry out Title I. The NPS already receives and spends 
appropriations for financial assistance provided through the 
American Battlefields Protection Program and other historic 
preservation projects. We estimate that such spending would not 
increase as a result of this legislation, but the money might 
be used for types of assistance (for example, cooperative 
agreements) that the agency cannot currently use for such 
purposes.
    S. 1226 contains no intergovernmental or private-sector 
mandates as defined in Public Law 104-4 and would impose no 
costs on state, local, or tribal governments.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah S. 
Reis.
            Sincerely,
                                         June E. O'Neill, Director.

                      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. 1226. 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. 1226, as ordered reported.

                        executive communications

    On June 20, 1996, the Committee on Energy and Natural 
Resources requested legislative reports from the Department of 
the Interior and the Office of Management and Budget setting 
forth Executive agency recommendations on S. 1226. These 
reports had not been received at the time the report on S. 1226 
was filed. When these reports become available, the Chairman 
will request that they be printed in the Congressional Record 
for the advice of the Senate. The testimony provided by the 
Department of the Interior at the Subcommittee meeting follows:

   Statement of Katherine H. Stevenson, Associate Director, Cultural 
     Resource Stewardship and Partnerships, National Park Service, 
Department of the Interior; S. 1226, To Prepare a Study of Battlefields 
of the Revolutionary War and War of 1812 and To Establish the American 
                     Battlefield Protection Program

    Mr. Chairman, I appreciate the opportunity to appear today 
to present the position of the Department of the Interior.
    S. 1226 directs the Secretary of the Interior to undertake 
a study of battlefields of the Revolutionary War and War of 
1812 and provides an authorization for the National Park 
Service's American Battlefield Protection Program. We support 
both provisions of this bill but with minor amendments.
    Title I of S. 1226, the Revolutionary War and War of 1812 
Historic Preservation Study Act of 1995, directs the Secretary 
of the Interior, acting through the National Park Service, to 
prepare a study of sites associated with the Revolutionary War 
and the War of 1812. The study shall provide an inventory of 
the sites associated with these two wars, determine the 
relative significance of the sites identified, determine both 
long and short-term threats to the sites, and provide 
alternatives for the preservation and interpretation of these 
sites by Federal, State, and local governments, or other public 
or private entities, as may be appropriate. The bill authorizes 
$750,000 to be appropriated to conduct the study.
    The National Park Service supports this title if amended to 
eliminate a reporting requirement that precludes Secretarial 
review. This amendment is further discussed below.
    The study outlined in the bill would provide a 
comprehensive inventory and review of the sites situated in the 
United States associated with the American Revolution and the 
War of 1812. To date the National Park Service has not 
undertaken such a study for either of these wars. Most of these 
sites are located in highly urbanized areas and, as the bill 
states, the historical integrity of many of the sites is at 
risk. Such a study would provide important information 
including an inventory of sites, an analysis of the 
significance and current integrity of sites, and a list of 
mechanisms available to public and private entities for 
protecting and interpreting these sites.
    Through the study, the National Park Service would develop 
a greater understanding of the resources associated with the 
Revolutionary War and the War of 1812 and provide a framework 
for evaluatinng proposals from state, local, and private groups 
requesting assistance from the National Park Service in 
protecting historic and cultural resources of those periods. 
The study would also provide a framework for existing National 
Park Service units to understand their context in relationship 
to the larger landscape in which they are situated and to 
nearby resources of related significance.
    The study would provide the Congress a framework within 
which to evaluate future proposals for national park 
designation, special resource studies, financial support, or 
other types of assistance or recognition that individuals or 
groups may request for sites associated with the Revolutionary 
War or the War of 1812. The study could be used to evaluate the 
validity and need for such proposals.
    Although we are very much in support of the study, we are 
concerned that the study not be seen as a heavy-handed Federal 
study with the intent of creating a new group of national park 
units or of expanding existing national parks. This study 
should be a means of identifying the important sites associated 
with the Revolutionary War and the War 1812 and for state, 
local and private groups to work with the National Park Service 
in the identification of those resources and development of 
means to protect and interpret those resources. It is a study 
that should provide the basis for the development of 
partnerships for the protection of resources that are 
significant to our nation's history. We feel the study should 
have broad support, extensive public involvement, and be 
locally driven. It should not be viewed as a National Park 
Service study, but a study that has active state and local 
involvement and represents the interests of both the public and 
private sectors.
    We strongly recommend that Sec. 104(d) and (e) be revised. 
It is inappropriate for the National Park Service to submit a 
report to the Congress without the approval of the Secretary or 
the opportunity for others within the executive branch to be 
consulted. Therefore, we recommend that the language on 
simultaneous submission in Sec. 104(e) be dropped. We also 
recommend that the reference to the director in Sec. 104(d) be 
changed to ``Secretary''.
    Title II, S. 1226, the American Battlefield Protection Act 
of 1995, directs the Secretary to study, and provide technical 
and financial assistance for planning, identification, 
interpretation, stabilization, and acquisition of American 
battlefields to citizens, public and private institutions, and 
governments at all levels involved in the sites where historic 
battles were fought on American soil. The National Park Service 
supports the intent of Title II, to officially authorize the 
American Battlefield Protection Program. However, we have 
recommendations for some specific changes in the current 
language of the title.
    Secretary of the Interior, Manuel Lujan, Jr., and Congress 
created the National Park Service's American Battlefield 
Protection Program in 1990. The program represents the Federal 
government's commitment to help communities identify, assess, 
protect, and interpret America's battlefields and related 
sites. The American Battlefield Protection Program carries out 
its mission by providing technical assistance and small amounts 
of seed money to public and private agencies, parks, and 
organizations for battlefield planning, interpretation, 
education, tourism, and preservation projects. Since 1990 the 
program has sponsored more than 110 projects with 56 non-
Federal government partners in 16 states and the District of 
Columbia. Funding from the program has totaled almost $2.5 
million. The program specifically promotes local stewardship of 
historic battlefields and emphasizes identifying and assessing 
battle sites as early as possible so that information about the 
sites can be incorporated into community and regional land use 
and economic development plans. Although its primary focus is 
on the 50 Priority One battlefields identified in the 
Congressionally sponsored Civil War Sites Advisory Commission 
study, the battlefield program is intended to preserve battle 
sites from all wars on American soil.
    We are concerned about several specific issues. First, 
Section 203, ``Definitions,'' includes a definition of 
battlefields that is too restrictive. According to the 
definition, ``battlefields'' must be in or eligible for listing 
in the National Register of Historic Places or in state or 
local registers. Most battlefields have never been evaluated 
officially against terms of the National Register criteria or 
other state and local criteria. In fact, only 20 percent of the 
384 principal Civil War battlefields by the Civil War Sites 
Advisory Commission are listed in or determined eligible for 
listing in the National Register. The American Battlefield 
Protection Program is currently helping several communities 
evaluate and nominate their battlefields. The program needs to 
continue doing this. Second, Sec. 204 ``Preservation 
Assistance'' authorizes the program through the Secretary to 
study and provide technical and financial assistance for 
planning, identification, interpretation, stabilization, and 
acquisition of American battlefields by means of cooperative 
agreements. We recommend that the range of financial assistance 
options that the program can use to help its partners be 
broadened to include contracts, grants, and other generally 
accepted means of financial assistance. In addition, at this 
time, we do not request the authority to acquire American 
battlefield lands.
    More specifically, we suggest that you consider deleting 
the definition of ``battlefield'' as it is currently written 
and substitute the following paragraph, or similar paragraph, 
for Sec. 204. ``Preservation Assistance.'' We recommend that 
the paragraph read:

          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, other 
        federal agencies, 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. 
        In addition to existing authorities established for the 
        national historic preservation program, the American 
        Battlefield Protection Program may enter into 
        cooperative agreements or grants to carry out the 
        purposes of this Act.

    Although Congress participated in the creation of the 
program and funds it annually as part of the National Park 
Service's National Register Programs budget, Congress never 
specifically authorized the American Battlefield Protection 
Program Title II will do this.

                        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 S. 1226, as ordered 
reported.

                                
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