[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.