[Senate Report 111-152]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 302
111th Congress                                                   Report
                                 SENATE
 2d Session                                                     111-152

======================================================================



 
                AMERICAN BATTLEFIELD PROTECTION PROGRAM

                                _______
                                

                 March 2, 2010.--Ordered to be printed

                                _______
                                

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

                              R E P O R T

                        [To accompany H.R. 1694]

    The Committee on Energy and Natural Resources, to which was 
referred the Act (H.R. 1694) to authorize the acquisition and 
protection of nationally significant battlefields and 
associated sites of the Revolutionary War and the War of 1812 
under the American Battlefield Protection Program, having 
considered the same, reports favorably thereon with amendments 
and recommends that the Act, as amended, do pass.
    The amendments are as follows:
    On page 2, strike lines 6 through 11 and insert the 
following:

          (1) in paragraph (1)--
                  (A) by striking subparagraph (A) and 
                inserting the following:
                  ``(A) Battlefield report.--The term 
                ``battlefield report'' means, collectively--
                          ``(i) the report entitled `Report on 
                        the Nation's Civil War Battlefields', 
                        prepared by the Civil War Sites 
                        Advisory Commission, and dated July 
                        1993; and
                          ``(ii) the report 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.''; and
                  (B) in subparagraph (C)(ii), by striking 
                ``Battlefield Report'' and inserting 
                ``battlefield report''.
    On page 3, after line 16, add the following:

          (8) By striking paragraph (8) (as redesignated by 
        paragraph (6)) and inserting the following:
          ``(8) Authorization of appropriations.--There are 
        authorized to be appropriated to the Secretary to 
        provide grants under this subsection for each of fiscal 
        years 2009 through 2019--
                  ``(A) $10,000,000 for the protection of Civil 
                War battlefields; and
                  ``(B) $10,000,000 for the protection of 
                Revolutionary War and War of 1812 
                battlefields.''.

                                Purpose

    The purpose of H.R. 1694 is to provide for the protection 
of historically significant Revolutionary War and the War of 
1812 battlefield sites under the American Battlefield 
Protection Program.

                          Background and Need

    The American Battlefield Protection Act of 1996 (16 U.S.C. 
469k) was enacted to preserve and protect historically 
significant battlefields associated with the Civil War. The law 
directs the Secretary of the Interior, acting through the 
American Battlefield Protection Program, to encourage, support, 
and assist in identifying, researching, evaluating, 
interpreting, and protecting historic Civil War battlefields 
and associated sites on a National, State, and local level.
    The American Battlefield Protection Act of 1996 primarily 
addressed the preservation and protection of Civil War 
battlefields through conservation easements, or through the 
purchase of land from willing sellers. It placed emphasis on 
creating partnerships among State and local governments, 
regional entities, and the private sector to preserve, conserve 
and enhance these nationally significant battlefields, and 
authorized $3 million annually for such programs. The Act 
expired in 2008, but was reenacted and reauthorized through 
2013 as part of the Omnibus Public Land Management Act of 2009 
(Public Law 111-11, sec. 7301; 16 U.S.C. 469k-1).
    The American Battlefield Protection Program was developed 
following the 1993 ``Report on the Nation's Civil War 
Battlefields'' by the Congressionally established Civil War 
Sites Advisory Commission, which inventoried and detailed the 
condition of Civil War battlefields.
    The American Battlefield Protection Program has helped to 
preserve threatened Civil War battlefields combining over $26 
million in Federal appropriations with over $55 million in non-
Federal matching funding. However, the program only authorized 
the protection of Civil War battlefields and did not address 
other threatened battlefield sites.
    In September 2007, the National Park Service completed a 
``Report to Congress on the Historic Preservation of 
Revolutionary War and War of 1812.'' The report examined 243 
battlefields and 434 historic properties in 31 States, the 
District of Columbia, and the Virgin Islands. Like the Civil 
War report, it inventoried and identified nationally 
significant conflict sites and noted areas threatened by modern 
conditions and development.
    H.R. 1694 amends section 7301 of the Omnibus Public Land 
Management Act of 2009, which reenacted the American 
Battlefield Protection Act, to include battlefield sites 
associated with the Revolutionary War and the War of 1812 among 
the sites authorized to receive funding under the American 
Battlefield Protection Program.

                          Legislative History

    H.R. 1694, sponsored by Representative Holt, passed the 
House of Representatives by a voice vote on April 21, 2009. 
H.R. 1694 is identical to H.R. 164, also sponsored by 
Representative Holt, which previously passed the House on March 
3, 2009. The Senate deleted the text of H.R. 164 and used that 
bill as the vehicle for the Omnibus Public Lands Management 
Act, Public Law 111-11.
    Identical legislation, S. 1168, was introduced by Senators 
Schumer and Lautenberg on June 3, 2009. The Subcommittee on 
National Parks held a hearing on S. 1168 and H.R. 1694 on July 
15, 2009 (S. Hrg. 111-92). At its business meeting on December 
16, 2009, the Committee on Energy and Natural Resources ordered 
H.R. 1694 favorably reported with amendments.

                        Committee Recommendation

    The Committee on Energy and Natural Resources, in open 
business session on December 16, 2009, by a voice vote of a 
quorum present, recommends that the Senate pass H.R. 1694, if 
amended as described herein.

                          Committee Amendment

    During its consideration of H.R. 1694, the Committee 
adopted an amendment in the nature of a substitute. As passed 
by the House of Representatives, H.R. 1694 modified the 
American Battlefield Protection Program to include 
Revolutionary War and War of 1812 battlefields within the scope 
of the program, but did not authorize any additional funding. 
The Committee amendment establishes a parallel grant authority 
to the existing authority for Civil War battlefields. The 
amendment authorizes $10 million for each of fiscal years 2009 
through 2019 for Revolutionary War and War of 1812 battlefield 
preservation grants, which is the same authority provided for 
Civil War battlefields. The amendment also makes several 
technical, clarifying, and conforming amendments, and is 
explained in detail in the section-by-section analysis, below.

                      Section-by-Section Analysis

    Section 1 amends section 7301(c) (relating to the American 
Battlefield Protection Program) of Public Law 111-11, the 
Omnibus Public Land Management Act of 2009, to authorize 
funding for the preservation of nationally significant 
Revolutionary War and War of 1812 battlefields.
    Paragraph (1) amends paragraph 1(A) of section 7301(c) to 
redefine the term ``battlefield report'' to include both the 
National Park Service's 2007 ``Report to Congress on the 
Historic Preservation of Revolutionary War and War of 1812 
Sites in the United States,'' in addition to the Civil War 
Sites Advisory Commission's 1993 ``Report on the Nation's Civil 
War Battlefields.'' The effect of this revised definition is to 
allow efforts to protect battlefields listed in both reports to 
be eligible for funding under the American Battlefield 
Protection Program.
    Paragraphs (2) through (6) make a number of modifications 
to section 7301(c), to allow the funds under the Act to be used 
for the acquisition of eligible sites or interests in land.
    Paragraph (7) adds two new paragraphs to section 7301(c). 
New paragraph (6) specifies that grants administered under this 
program for the acquisition of lands, or interests in lands, 
under the Act must be from willing sellers only.
    New paragraph (7) requires the Secretary of the Interior to 
submit a report to Congress describing the preservation 
activities carried out, changes in the condition of the 
battlefields and associated sites, and any other relevant 
developments relating to the battlefields and associated sites 
not later than 5 years about the date of enactment.
    Paragraph (8) adds a new paragraph (8) to section 7301(c), 
which authorizes the appropriation of $10,000,000 for the 
protection of Civil War battlefields and $10,000,000 for the 
protection of Revolutionary War and War of 1812 battlefields 
for each of fiscal years 2009 through 2019.

                   Cost and Budgetary Considerations

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

H.R. 1694--An act to authorize the acquisition and protection of 
        nationally significant battlefields and associated sites of the 
        Revolutionary War and the War of 1812 under the American 
        Battlefield Protection Program

    Summary: H.R. 1694 would authorize appropriations totaling 
$200 million through fiscal year 2019 for the American 
Battlefield Protection Program. Of that amount, $31 million is 
already authorized under existing law, and $9 million has been 
appropriated for 2010 to date. The amounts authorized for each 
year ($10 million for Revolutionary War and War of 1812 
battlefields and $10 million for Civil War battlefields) would 
be used to provide financial assistance to state or local 
governments to purchase land that has been identified by the 
National Park Service (NPS) as eligible for protection through 
the program but is not contained within the boundaries of a 
unit of the National Park System.
    Assuming appropriation of the authorized amounts, CBO 
estimates that the NPS would spend $67 million over the 2010-
2015 period to provide grants under the legislation and about 
$90 million more after 2015. (Those amounts are in addition to 
the approximately $40 million that has already been 
appropriated or authorized under current law.) Enacting H.R. 
1694 would not affect revenues or direct spending.
    H.R. 1694 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no costs on state, local, or tribal 
governments.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 1694 is shown in the following table. 
The costs of this legislation fall within budget function 300 
(natural resources and environment).

----------------------------------------------------------------------------------------------------------------
                                                             By fiscal year, in millions of dollars--
                                                ----------------------------------------------------------------
                                                   2010     2011     2012     2013     2014     2015   2010-2015
----------------------------------------------------------------------------------------------------------------
                                        SPENDING SUBJECT TO APPROPRIATION

Spending Under Current Law:
    Authorization Levela.......................       10       10       10       10        0        0        40
    Estimated Outlays..........................        6        7       10       10        7        0        40
Proposed Changes:
    Authorization Level........................       10       10       10       10       20       20        80
    Estimated Outlays..........................        3        9       10       10       15       20        67
Spending Under H.R. 1694:
    Authorization Level........................       20       20       20       20       20       20       120
    Estimated Outlays..........................        9       16       20       20       22       20       107
----------------------------------------------------------------------------------------------------------------
aFor 2010, the remaining authorization level under current law is $1 million ($10 million less $9 million
  already appropriated).

    Basis of estimate: For this estimate, CBO assumes that H.R. 
1694 will be enacted during fiscal year 2010 and that the 
amounts authorized by the bill will be appropriated each year. 
Estimated outlays are based on historical spending patterns for 
NPS grant programs.
    Intergovernmental and private-sector impact: H.R. 1694 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no costs on state, local, or 
tribal governments. The act would modify an existing grant for 
the preservation of battlefield sites and would benefit state 
and local governments. Any costs to those governments would be 
incurred voluntarily as a condition of federal assistance.
    Estimate prepared by: Federal Costs: Deborah Reis; Impact 
on State, Local, and Tribal Governments: Melissa Merrill; 
Impact on the Private Sector: Sam Wice.
    Estimate approved by: Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                      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 H.R. 1694.
    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 H.R. 1694, as ordered reported.

                   Congressionally Directed Spending

    H.R. 1694, as reported, does not contain any 
congressionally directed spending items, limited tax benefits, 
or limited tariff benefits as defined in rule XLIV of the 
Standing Rules of the Senate.

                        Executive Communications

    The testimony provided by the National Park Service at the 
July 15, 2009 Subcommittee hearing on H.R. 1694 follows:

 Statement of Katherine H. Stevenson, Acting Deputy Director, National 
                Park Service, Department of the Interior

    Mr. Chairman, thank you for the opportunity to appear 
before you today to present the views of the Department of the 
Interior on S. 1168 and H.R. 1694, to amend Sec. 7301 of the 
Omnibus Public Land Management Act of 2009 (Public Law 111-11) 
to authorize the acquisition and protection of nationally 
significant battlefields and associated sites of the 
Revolutionary War and the War of 1812 under the American 
Battlefield Protection Program.
    The Department supports S. 1168 and H.R. 1694 with an 
amendment to include language that passed the House on April 
21, 2009.
    In March 2008, the National Park Service transmitted the 
Report to Congress on the Historic Preservation of 
Revolutionary War and the War of 1812 Sites in the United 
States, which identified and determined the relative 
significance of sites related to the Revolutionary War and the 
War of 1812. The study assessed the short and long-term threats 
to the sites. Following the success of the 1993 Civil War Sites 
Advisory Commission Report on the Nation's Civil War 
Battlefields, this study similarly provides alternatives for 
the preservation and interpretation of the sites by Federal, 
State, and local governments or other public or private 
entities.
    The direction from Congress for the study was the same as 
for a Civil War sites study of the early 1990s. As authorized 
by Congress for this study, the National Park Service looked at 
sites and structures that are thematically tied with the 
nationally significant events that occurred during the 
Revolutionary War and the War of 1812. The result was a more 
thorough survey that represents twice the field effort 
undertaken for the Civil War study.
    Building upon this recent study, S. 1168 and H.R. 1694 
would create a matching grant program for Revolutionary War and 
the War of 1812 sites that closely mirrors a very successful 
matching grant program for Civil War sites. The Civil War 
acquisition grant program was first authorized by Congress in 
the Civil War Battlefield Protection Act of 2002 (Public Law 
107-359), and was recently reauthorized by the Omnibus Public 
Land Management Act of 2009 (Public Law 111-11).
    That grant fund has been tremendously successful in 
allowing local preservation efforts to permanently preserve 
Civil War battlefield land with a minimum of Federal 
assistance. Grants of $26.3 million from the National Park 
Service have leveraged a total of $55.3 million in nonfederal 
funding. To date, the grant program has assisted in the 
permanent protection of 13,906 acres at 54 Civil War 
battlefields. In FY 2009, $4 million was appropriated for this 
program. The President's FY 2010 Budget also includes a request 
for $4 million.
    With the release of the Report to Congress on the Historic 
Preservation of Revolutionary War and the War of 1812 Sites in 
the United States, communities interested in preserving their 
Revolutionary War and the War of 1812 sites can take the first 
steps similar to what the Civil War advocates did 15 years ago. 
If established, this new grant program can complement the 
existing grant program for Civil War battlefields and, in doing 
so, become a benefit to the American people by providing for 
the preservation and protection of a greater number of sites 
from the Revolutionary War and War of 1812. All funds are 
subject to NPS priorities and the availability of 
appropriations.
    The Department recommends an amendment to S. 1168 and H.R. 
1694 to include language that passed the House on April 21, 
2009. In the introduced version of H.R. 1694, there was a $10 
million annual authorization for the Revolutionary War and War 
of 1812 acquisition grant program. This funding level was 
separate and in addition to the $10 million annual 
authorization for the existing Civil War acquisition grant 
program. On April 21, 2009, the House-passed version of H.R. 
1694 included language that provided a combined funding of $20 
million for both acquisition grant programs in each of fiscal 
years 2010 through 2014. However, we understand that this 
language was inadvertently dropped by the House legislative 
clerk when the bill was engrossed and sent to the Senate.
    When the bill was introduced in the Senate as S. 1168, it 
also did not contain the authorization language for the 
acquisition grant program and we understand this was an 
inadvertent error on the sponsor's part. We recommend adding 
the House-passed funding language. We also support the 
increased authorization level as there are two separate 
constituencies for these programs. The language of the 
amendment is attached.
    Mr. Chairman, this concludes my testimony. I would be 
pleased to respond to any questions from you and members of the 
committee.
    Proposed amendment to H.R. 1694 and S. 1168:
    H.R. 1694, as engrossed by the House:
    On page 3, after line 16, add the following:
          ``(8) In paragraph (8) (as so redesignated), by 
        striking `$10,000,000 for each of fiscal years 2009 
        through 2013' and inserting `20,000,000 for each of 
        fiscal years 2010 through 2014'.''
    S. 1168, as introduced:
    On page 3, after line 14, add the following:
          ``(8) In paragraph (8) (as so redesignated), by 
        striking `$10,000,000 for each of fiscal years 2009 
        through 2013' and inserting `20,000,000 for each of 
        fiscal years 2010 through 2014'.''

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the Act H.R. 1694, as ordered reported, are shown as follows 
(existing law proposed to be omitted is enclosed in black 
brackets, new matter is printed in italic, existing law in 
which no change is proposed is shown in roman):

               OMNIBUS PUBLIC LAND MANAGEMENT ACT OF 2009


              (Public Law 111-11; Approved March 30, 2009)


    AN ACT To designate certain land as components of the National 
   Wilderness Preservation System, to authorize certain programs and 
  activities in the Department of the Interior and the Department of 
                  Agriculture, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Omnibus 
Public Land Management Act of 2009''.

           *       *       *       *       *       *       *


            TITLE VII--NATIONAL PARK SERVICE AUTHORIZATIONS


                   Subtitle D--Program Authorizations


SEC. 7301. AMERICAN BATTLEFIELD PROTECTION PROGRAM.

           *       *       *       *       *       *       *


    (c) Battlefield Acquisition Grant Program.--
          (1) Definitions.--In this subsection:
                  [(A) Battlefield report.--The term 
                ``Battlefield Report'' means the document 
                entitled ``Report on the Nation's Civil War 
                Battlefields'', prepared by the Civil War Sites 
                Advisory Commission, and dated July 1993.]
                  (A) Battlefield report.--The term 
                ``battlefield report'' means, collectively--
                          (i) the report entitled ``Report on 
                        the Nation's Civil War Battlefields'', 
                        prepared by the Civil War Sites 
                        Advisory Commission, and dated July 
                        1993; and
                          (ii) the report 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--
                          (i) that is not within the exterior 
                        boundaries of a unit of the National 
                        Park System; and
                          (ii) that is identified in the 
                        [Battlefield Report] 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 under which the 
        Secretary may provide grants to eligible entities to 
        pay the Federal share of the cost of acquiring eligible 
        sites or interests in eligible sites for the 
        preservation and protection of those eligible sites.
          (3) Nonprofit partners.--An eligible entity may 
        acquire an eligible site or 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 eligible site or an interest 
        in an eligible site under this subsection shall be not 
        less than 50 percent.
          (5) Limitation on land use.--[An]An eligible site or 
        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. 
        460l-8(f)(3)).
          (6) Willing sellers.--Acquisition of land or 
        interests in land under this subsection shall be from 
        willing sellers only.
          (7) Report.--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, including a description of--
                  (A) preservation activities carried out at 
                the battlefields and associated sites 
                identified in the battlefield report during the 
                period between publication of the battlefield 
                report and the report required under this 
                paragraph;
                  (B) changes in the condition of the 
                battlefields and associated sites during that 
                period; and
                  (C) any other relevant developments relating 
                to the battlefields and associated sites during 
                that period.
          [(6) Authorization of appropriations.--There is 
        authorized to be appropriated to the Secretary to 
        provide grants under this subsection $10,000,000 for 
        each of fiscal years 2009 through 2013.]
          (8) Authorization of appropriations.--There are 
        authorized to be appropriated to the Secretary to 
        provide grants under this subsection for each of fiscal 
        years 2009 through 2019--
                  (A) $10,000,000 for the protection of Civil 
                War battlefields; and
                  (B) $10,000,000 for the protection of 
                Revolutionary War and War of 1812 battlefields.

                                  
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