[Senate Report 113-172]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 398
113th Congress                                                   Report
                                 SENATE
 2d Session                                                     113-172

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



 
         AMERICAN BATTLEFIELD PROTECTION PROGRAM AMENDMENTS ACT

                                _______
                                

                  May 22, 2014.--Ordered to be printed

                                _______
                                

   Ms. Landrieu, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 1033]

    The Committee on Energy and Natural Resources, to which was 
referred the Act (H.R. 1033) 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 an 
amendment and recommends that the Act, as amended, do pass.
    The amendment is as follows:

  Beginning on page 4, strike line 7 and all that follows through page 
5, line 3, and insert the following:
          ``(8) Prohibition on lobbying.--None of the funds provided 
        pursuant to this section shall be used in any way, directly or 
        indirectly, to influence congressional action on any 
        legislation or appropriation matters pending before 
        Congress.''.

                                Purpose

    The purpose of H.R. 1033 is to expand the American 
Battlefield Protection Program to include Revolutionary War and 
War of 1812 battlefield sites.

                          Background and Need

    The American Battlefield Protection Act of 1996 (16 U.S.C. 
469k, repealed on September 30, 2008 by U.S.C. 469k(e)(1)) was 
enacted to preserve and protect historically significant 
battlefields associated with the Civil War. The law directed 
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 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 nationally significant battlefields, and it authorized 
$3 million annually for such programs. The Act expired in 2008, 
but was reenacted and reauthorized through 2013 by section 7301 
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 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.
    H.R. 1033 amends section 7301(c) of the Omnibus Public Land 
Management Act of 2009 (Public Law 111-11), which authorizes 
the American Battlefield Protection Program, 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

    H.R. 1033 was introduced by Representative Holt on March 7, 
2013. The House Committee on Natural Resources ordered H.R. 
1033 reported on March 20, 2013 (H. Rept. 113-29), and the 
House of Representatives passed H.R. 1033 by a roll call vote 
of 283-122 on April 9, 2013.
    In the Senate, the Subcommittee on National Parks held a 
hearing on H.R. 1033 and its Senate companion measure, S. 916, 
on July 31, 2013 (S. Hrg. 113-93). At its business meeting on 
November 21, 2013, the Committee ordered H.R. 1033 favorably 
reported with an amendment.
    In the 112th Congress, the Committee considered a similar 
bill, S. 779, sponsored by Senator Schumer. 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. Rept. 112-116).

                        Committee Recommendation

    The Senate Committee on Energy and Natural Resources, in 
open business session on November 21, 2013, by a voice vote of 
a quorum present, recommends that the Senate pass H.R. 1033, if 
amended as described herein.

                          Committee Amendment

    During its consideration of H.R. 1033, the Committee 
adopted an amendment that clarified that none of the funds 
appropriated for this program could be for lobbying purposes. 
The amended language is similar to the lobbying prohibitions 
included in various appropriations bills that have been enacted 
in recent years, including Public Law 113-6, the Consolidated 
and Continuing Appropriations Act, 2013.

                      Section-by-Section Analysis

    Section 1 provides the short title, the ``American 
Battlefield Protection Program Amendments Act of 2013.''
    Section 2 amends section 7301(c) 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. Section 7301 
authorizes the American Battlefield Protection Program.
    Paragraph (1) amends 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 three new paragraphs to section 7301(c). 
New paragraph (6) specifies that grants administered under this 
program for the acquisition of land, or interests in land, 
under the Act must be only from willing sellers. 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. New paragraph (8) prohibits the use of 
funds provided under this program for lobbying.
    Paragraph (8) amends paragraph (9), as redesignated by this 
Act, to extend the expiration date of the authorization from 
2013 to 2018.

                   Cost and Budgetary Considerations

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

H.R. 1033--American Battlefield Protection Program Amendments Act of 
        2013

    Summary: H.R. 1033 would expand the American Battlefield 
Protection Program (ABPP) to include battlefields from the 
Revolutionary War and the War of 1812 and would authorize the 
appropriation of $10 million a year over the 2014-2018 period 
for this program. Assuming appropriation of the newly 
authorized amounts, CBO estimates that implementing H.R. 1033 
would cost $42 million over the 2014-2019 period. Enacting H.R. 
1033 would not affect revenues or direct spending; therefore, 
pay-as-you-go procedures do not apply.
    H.R. 1033 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would not affect the budgets of state, local, or tribal 
governments.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 1033 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--
                                                ----------------------------------------------------------------
                                                   2014     2015     2016     2017     2018     2019   2014-2019
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Authorization Level............................        2       10       10       10       10        0        42
Estimated Outlays..............................        2        8       10       10       10        2        42
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes that H.R. 
1033 will be enacted early in 2014 and that the amounts 
authorized by the act will be appropriated in each year. 
Estimated outlays are based on historical spending patterns for 
the ABPP.
    Funding for the ABPP has been appropriated in fiscal year 
2014 through January 15, 2014, at an annualized level of about 
$8 million. H.R. 1033 would authorize the appropriation of $10 
million annually for the ABPP. 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 as eligible for protection through 
the program but is not contained within the boundaries of a 
unit of the National Park System. CBO estimates that 
implementing the act would cost about $42 million over the 
2014-2019 period.
    Pay-As-You-Go considerations: None.
    Intergovernmental and private-sector impact: H.R. 1033 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would not affect the budgets of state, 
local, or tribal governments. The act would benefit state and 
local governments by allowing grants for the preservation of 
Civil War battlefield sites to also be used for Revolutionary 
War and War of 1812 battlefield sites. Any associated costs 
would be incurred voluntarily by those governments as a 
condition of federal assistance.
    Previous CBO estimate: On March 27, 2013, CBO transmitted a 
cost estimate for H.R. 1033, the American Battlefield 
Protection Program Amendments Act of 2013, as ordered reported 
by the House Committee on Natural Resources on March 20, 2013. 
The two versions of the legislation are similar. However, 
amounts have now been appropriated for the ABPP for fiscal year 
2014 and thus the estimated cost of the legislation for 2014 is 
now less than it was in March. In addition, CBO cost estimates 
now include projected costs for an additional year through 
2019.
    Estimate prepared by: Federal Costs: Martin von Gnechten; 
Impact on State, Local, and Tribal Governments: Michael Kulas; 
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 H.R. 1033.
    The Act 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. 1033, as ordered reported.

                   Congressionally Directed Spending

    H.R. 1033, 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 
November 21, 2013, Subcommittee on National Parks hearing on 
H.R. 1033 follows:

     Statement of Stephanie Toothman, Associate Director, Cultural 
Resources, Partnerships, and Science, 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. 916 and H.R. 1033, 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. 916 and H.R. 1033 with an 
amendment described later in this statement. 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 a total of $10 million 
in grants for the American Battlefield Protection Program for 
both Civil War battlefield sites and Revolutionary War and War 
of 1812 battlefield sites, for each of fiscal years 2014 
through 2018.
    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. 916 and H.R. 1033 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 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 those taken by the Civil War advocates 20 
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.
    The NPS is currently finalizing its update to the 1993 
Civil War Sites report, which reviews the conditions of 383 
Civil War battlefields, and which we plan to transmit to 
Congress in 2013. As currently drafted, S. 916 and H.R. 1033 
require another update of the condition of these same Civil War 
battlefields in five years, in addition to an update of the 677 
sites of the Revolutionary War and the War of 1812 identified 
in the Report to Congress on the Historic Preservation of 
Revolutionary War and the War of 1812 Sites in the United 
States. The NPS feels that updating information for all of 
these sites, most of which are not within the National Park 
System itself, will not be feasible in five years. Therefore, 
the NPS suggests one change in the reporting language of the 
bill so that the reporting requirement for the Civil War update 
is not later than 10 years after the date of enactment.
    The Department recommends an amendment to S. 916 and H.R. 
1033 to include language for combined funding of $20 million 
for both the Civil War and the Revolutionary War and War of 
1812 acquisition grant programs in each of fiscal years 2014 
through 2018. Under current law, $10 million is authorized for 
the Civil War battlefields alone. With the addition of the 
Revolutionary War and War of 1812 battlefields to the program, 
we believe that a $20 million annual authorization would be 
appropriate. We would be happy to provide language for this 
amendment.
    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 bill H.R. 1033, 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

           *       *       *       *       *       *       *



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.

           *       *       *       *       *       *       *

                  (C) Eligible site.--The term ``eligible 
                site'' means a site--

           *       *       *       *       *       *       *

                          (ii) that is identified in the 
                        [Battlefield Report] battlefield 
                        report.

           *       *       *       *       *       *       *

          (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. 
        4601-8(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
          (8) Prohibition on lobbying.--None of the funds 
        provided pursuant to this section shall be used in any 
        way, directly or indirectly, to influence congressional 
        action on any legislation or appropriation matters 
        pending before Congress.
          [(6)](9) 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] 2018.

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