[Senate Report 112-116]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 278
112th Congress                                                   Report
                                 SENATE
 2d Session                                                     112-116

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



 
         AMERICAN BATTLEFIELD PROTECTION PROGRAM AMENDMENTS ACT

                                _______
                                

                January 13, 2012.--Ordered to be printed

 Filed, under authority of the order of the Senate of December 17, 2011

                                _______
                                

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

                              R E P O R T

                         [To accompany S. 779]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 779) 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 without 
amendment and recommends that the bill do pass.

                                Purpose

    The purpose of S. 779 is to amend the American Battlefield 
Protection Act to authorize funding for Revolutionary War and 
War of 1812 battlefield sites.

                          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 it 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 Sites in the United States.'' 
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.
    S. 779 amends section 7301 of the Omnibus Public Land 
Management Act of 2009, which reenacted the American 
Battlefield Protection Act, to authorize a similar funding 
program for Revolutionary War and War of 1812 battlefields, to 
assist in the preservation of these sites through the American 
Battlefield Protection Program.

                          Legislative History

    S. 779 was introduced on April 8, 2011, by Senator Schumer. 
Senator Coons is a cosponsor. The Subcommittee on National 
Parks held a hearing on S. 779 on May 11, 2011 (S. Hrg. 112-
124). At its business meeting on November 10, 2011, the 
Committee on Energy and Natural Resources ordered S. 779 
favorably reported.
    S. 779 is similar to S. 1168, which was introduced by 
Senators Schumer and Lautenberg on June 3, 2009. Companion 
legislation to S. 1168, H.R. 1694, was passed by the House of 
Representatives by voice vote on April 21, 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. Other than inclusion of a short title in S. 779, S. 
779 is identical to H.R. 1694 as reported in the 111th 
Congress.

                        Committee Recommendation

    The Committee on Energy and Natural Resources, in open 
business session on November 10, 2011, by voice vote of a 
quorum present, recommends that the Senate pass S. 779. 
Senators Barrasso, Risch, Lee, Paul, Portman and Corker asked 
to be recorded as opposing the measure.

                      Section-by-Section Analysis

    Section 1 provides the short title, the ``American 
Battlefield Protection Program Amendments Act of 2011.''
    Section 2 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 conforming 
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 after 
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 2012 through 2022.

                   Cost and Budgetary Considerations

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

S. 779--American Battlefield Protection Program Amendments Act of 2011

    Summary: S. 779 would authorize appropriations totaling 
$220 million through fiscal year 2022 for the American 
Battlefield Protection Program. Of that amount, $20 million is 
already authorized under existing law. The amounts authorized 
for each year 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 implementing S. 779 would cost $67 million over 
the 2012-2016 period and about $133 million more after 2016. 
Enacting S. 779 would not affect revenues or direct spending; 
therefore, pay-as-you-go procedures do not apply.
    S. 779 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 S. 779 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--
                                                         -------------------------------------------------------
                                                            2012     2013     2014     2015     2016   2012-2016
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Estimated Authorization Level...........................       10       10       20       20       20        80
Estimated Outlays.......................................        3        9       15       20       20        67
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes that S. 
779 will be enacted during fiscal year 2012 and that the 
amounts authorized by the bill ($10 million for Revolutionary 
War and War of 1812 battlefields and $10 million for Civil War 
battlefields) will be appropriated in each year. Estimated 
outlays are based on historical spending patterns of similar 
NPS grant programs.
    Pay-As-You-Go considerations: None.
    Estimated impact on State, local, and tribal governments: 
S. 779 contains no intergovernmental or private-sector mandates 
as defined in UMRA and would impose no costs on state, local, 
or tribal governments. The bill 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: Martin von Gnechten; 
Impact on State, Local, and Tribal Governments: Melissa 
Merrell; Impact on the Private Sector: Amy Petz.
    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 S. 779.
    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. 779, as ordered reported.

                   Congressionally Directed Spending

    S. 779, as ordered 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 
May 11, 2011, Subcommittee on National Parks hearing on S. 779 
follows:

Statement of Steven E. Whitesell, Associate Director for Park Planning, 
    Facilities, and Lands, 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. 779, 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. 779. This legislation would 
expand the American Battlefield Protection Program to include 
both the War of 1812 and Revolutionary War battlefields in 
addition to Civil War battlefields, which are covered under the 
current program. It would authorize $10 million in grants for 
Revolutionary War and War of 1812 battlefield sites, as well as 
$10 million in grants for Civil War battlefield sites, for each 
of fiscal years 2012 through 2022. The American Battlefield 
Protection Program is currently authorized through fiscal 2013.
    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 study, S. 779 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 
reauthorized through FY 2013 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.
    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 began doing 
nearly two decades 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 
1812. All funds would be subject to NPS priorities and 
availability of appropriations.
    Mr. Chairman, this concludes my testimony. I would be 
pleased to respond to any questions from you and members of the 
committee.

                        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 S. 779, 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

           *       *       *       *       *       *       *


TITLE VII--NATIONAL PARK SERVICE AUTHORIZATIONS

           *       *       *       *       *       *       *


                   Subtitle D--Program Authorizations

SEC. 7301. AMERICAN BATTLEFIELD PROTECTON 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 the 
                period described in subparagraph (A); and
                  (C) any other relevant developments relating 
                to the battlefields and associated sites during 
                the period described in subparagraph (A).
          [ (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 2012 through 2022--
                  (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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