[House Report 115-1040]
[From the U.S. Government Publishing Office]


115th Congress   }                                            {    Report
                           HOUSE OF REPRESENTATIVES
 2d Session      }                                            {  115-1040

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



 
                 PRESERVING AMERICA'S BATTLEFIELDS ACT

                                _______
                                

 November 20, 2018.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

Mr. Bishop of Utah, from the Committee on Natural Resources, submitted 
                             the following

                              R E P O R T

                        [To accompany H.R. 6108]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 6108) to provide for partnerships among State 
and local governments, regional entities, and the private 
sector to preserve, conserve, and enhance the visitor 
experience at nationally significant battlefields of the 
American Revolution, War of 1812, and Civil War, and for other 
purposes, having considered the same, report favorably thereon 
without amendment and recommend that the bill do pass.

                          Purpose of the Bill

    The purpose of H.R. 6108 is to provide for partnerships 
among State and local governments, regional entities, and the 
private sector to preserve, conserve, and enhance the visitor 
experience at nationally significant battlefields of the 
American Revolution, War of 1812, and Civil War.

                  Background and Need for Legislation

    The American Battlefield Protection Program was created by 
the Secretary of the Interior in 1991 to promote the 
preservation of significant historic American battlefields, and 
was officially authorized by Congress in 1996.\1\ The program 
focuses on land use, cultural resources and site management 
planning, and public education by providing professional 
consultation to individuals, groups, and governments interested 
in preserving historic battlefields.\2\ In addition to 
professional assistance, the program awards grants to non-
profits, local governments, and States looking to purchase 
battlefield land. These grants encourage private sector and 
State investment in battlefield preservation.
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    \1\National Park Service. ``About Us.'' American Battlefield 
Protection Program. https://www.nps.gov/abpp/aboutus.htm.
    \2\Ibid.
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    As part of the larger program, the Battlefield Land 
Acquisition Grant Program helps States and communities acquire 
and protect historic battlefields. Although originally only 
available to protect Civil War sites, in 2014 it was expanded 
to include battlefields from the American Revolution and War of 
1812.\3\ Since 1998, grant funds have been used to purchase and 
preserve over 30,000 acres of battlefield, including lands at 
75 Civil War battlefields in 16 different States.\4\\5\ Among 
the battlefields that grant funds have been used to preserve 
are Antietam, Gettysburg, and Shiloh.\6\
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    \3\National Park Service. ``Battlefield Land Acquisition Grant 
Program.'' https://www.nps.gov/subjects/battlefields/battlefield-land-
acquisition-grant-program.htm.
    \4\Letter from the American Battlefield Trust to Chairman Rob 
Bishop dated July 11, 2018.
    \5\National Park Service. ``About Us.'' American Battlefield 
Protection Program. https://www.nps.gov/abpp/aboutus.htm.
    \6\American Battlefield Trust. ``A Legacy of Success'' Support the 
Preserving America's Battlefields Act. https://www.battlefields.org/
preserve/speak-out/support-preserving-americas-battlefields-act.
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    Grants are awarded through a competitive process and 
require a dollar-for-dollar non-federal match. Funds for grants 
are derived from the Land and Water Conservation Fund.\7\\8\ 
Currently, funding for the acquisition grant program is capped 
at $10 million each fiscal year (FY), with appropriations 
authorized through FY 2021.
---------------------------------------------------------------------------
    \7\National Park Service. ``Battlefield Land Acquisition Grants.'' 
American Battlefield Protection Program. https://www.nps.gov/abpp/
grants/cwblaggrants.htm.
    \8\Public Law 88-587 https://www.gpo.gov/fdsys/pkg/STATUTE-78/pdf/
STATUTE-78-Pg897.pdf.
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    H.R. 6108 would reauthorize the grant program through FY 
2028 and increase the authorization of appropriations to $20 
million each fiscal year.

                            Committee Action

    H.R. 6108 was introduced on June 14, 2018, by Congressman 
Jody B. Hice (R-GA). The bill was referred to the Committee on 
Natural Resources and within the Committee, to the Subcommittee 
on Federal Lands. The Subcommittee held a hearing on the bill 
on September 6, 2018. On September 26, 2018, the Natural 
Resources Committee met to consider the bill. The Subcommittee 
was discharged by unanimous consent. No amendments were 
offered, and the bill was ordered favorably reported to the 
House of Representatives by unanimous consent.

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

      Compliance With House Rule XIII and Congressional Budget Act

    1. Cost of Legislation and the Congressional Budget Act. 
With respect to the requirements of clause 3(c)(2) and (3) of 
rule XIII of the Rules of the House of Representatives and 
sections 308(a) and 402 of the Congressional Budget Act of 
1974, the Committee has received the following estimate for the 
bill from the Director of the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                 Washington, DC, November 16, 2018.
Hon. Rob Bishop,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 6108, the 
Preserving America's Battlefields Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Janani 
Shankaran.
            Sincerely,
                                                Keith Hall,
                                                          Director.
    Enclosure.

H.R. 6108--Preserving America's Battlefields Act

    Summary: H.R. 6108 would authorize the appropriation of $20 
million annually through 2028 for the American Battlefield 
Protection Program, which is managed by the National Park 
Service (NPS). CBO estimates that implementing H.R. 6108 would 
cost $70 million over the 2019-2023 period, assuming 
appropriation of the authorized amounts.
    Enacting the bill would not affect direct spending or 
revenues; therefore, pay-as-you-go procedures do not apply. CBO 
estimates that enacting H.R. 6108 would not increase net direct 
spending or on-budget deficits in any of the four consecutive 
10-year periods beginning in 2029.
    H.R. 6108 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
    Estimated Cost to the Federal Government: The estimated 
budgetary effect of H.R. 6108 is shown in the following table. 
The costs of the legislation fall within budget function 300 
(natural resources and environment).

----------------------------------------------------------------------------------------------------------------
                                                               By fiscal year, in millions of dollars--
                                                    ------------------------------------------------------------
                                                       2019      2020      2021      2022      2023    2019-2023
----------------------------------------------------------------------------------------------------------------
                                 INCREASES IN SPENDING SUBJECT TO APPROPRIATION
 
Authorization Levela...............................        10        10        10        20        20         70
Estimated Outlays..................................        10        10        10        20        20        70
----------------------------------------------------------------------------------------------------------------
aH.R. 6108 would authorize the appropriation of $20 million annually through 2028. Current law authorizes the
  appropriation of $10 million annually through 2021. As a result, CBO estimates that H.R. 6108 would increase
  the authorized appropriation by $10 million each year over the 2019-2021 period.

    Basis of estimate: For this estimate, CBO assumes the bill 
will be enacted near the start of 2019 and that the authorized 
amounts will be appropriated in each year.
    H.R. 6108 would authorize the appropriation of $20 million 
annually through 2028 for land acquisition grants under the 
American Battlefield Protection Program. Under that program, 
the NPS provides grants to states to acquire battlefield lands 
from the Revolutionary War, the War of 1812, and the Civil War. 
In 2018, the NPS received an appropriation of $10 million for 
those purposes.
    Current law authorizes the appropriation of $10 million 
annually through 2021 for the program; therefore, H.R. 6108 
would increase that authorization by $10 million through 2021; 
from 2022 through 2028, the bill would authorize the 
appropriation of $20 million each year. Based on historical 
spending patterns for similar activities, CBO estimates that 
implementing H.R. 6108 would cost $70 million over the 2019-
2023 period and $100 million after 2023.
    Pay-As-You-Go considerations: None.
    Increase in long-term direct spending and deficits: CBO 
estimates that enacting H.R. 6108 would not increase net direct 
spending or on-budget deficits in any of the four consecutive 
10-year periods beginning in 2029.
    Mandates: H.R. 6108 contains no intergovernmental or 
private-sector mandates as defined in UMRA.
    Estimate prepared by: Federal Costs: Janani Shankaran; 
Mandates: Zachary Byrum.
    Estimate reviewed by: Kim P. Cawley, Chief, Natural and 
Physical Resources Cost Estimates Unit; H. Samuel Papenfuss, 
Deputy Assistant Director for Budget Analysis.
    2. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to provide for partnerships among 
State and local governments, regional entities, and the private 
sector to preserve, conserve, and enhance the visitor 
experience at nationally significant battlefields of the 
American Revolution, War of 1812, and Civil War.

                           Earmark Statement

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                       Compliance With H. Res. 5

    Directed Rule Making. This bill does not contain any 
directed rule makings.
    Duplication of Existing Programs. This bill does not 
establish or reauthorize a program of the federal government 
known to be duplicative of another program. Such program was 
not included in any report from the Government Accountability 
Office to Congress pursuant to section 21 of Public Law 111-139 
or identified in the most recent Catalog of Federal Domestic 
Assistance published pursuant to the Federal Program 
Information Act (Public Law 95-220, as amended by Public Law 
98-169) as relating to other programs.

                Preemption of State, Local or Tribal Law

    This bill is not intended to preempt any State, local or 
tribal law.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, and existing law in which no 
change is proposed is shown in roman):

             CIVIL WAR BATTLEFIELD PRESERVATION ACT OF 2002




           *       *       *       *       *       *       *
[SEC. 2. FINDINGS AND PURPOSES.

  [(a) Findings.--Congress finds the following:
          [(1) Civil War battlefields provide a means for the 
        people of the United States to understand a tragic 
        period in the history of the United States.
          [(2) According to the Report on the Nation's Civil 
        War Battlefields, prepared by the Civil War Sites 
        Advisory Commission, and dated July 1993, of the 384 
        principal Civil War battlefields--
                  [(A) almost 20 percent are lost or 
                fragmented;
                  [(B) 17 percent are in poor condition; and
                  [(C) 60 percent have been lost or are in 
                imminent danger of being fragmented by 
                development and lost as coherent historic 
                sites.
  [(b) Purposes.--The purposes of this Act are--
          [(1) to act quickly and proactively to preserve and 
        protect nationally significant Civil War battlefields 
        through conservation easements and fee-simple purchases 
        of those battlefields from willing sellers; and
          [(2) to create partnerships among State and local 
        governments, regional entities, and the private sector 
        to preserve, conserve, and enhance nationally 
        significant Civil War battlefields.]

SEC. 2. FINDINGS AND PURPOSES.

  (a) Findings.--Congress finds the following:
          (1) Battlefields of the American Revolution, War of 
        1812 and the Civil War--
                  (A) provide a means for the people of the 
                United States to understand our Nation's 
                turbulent first century;
                  (B) serve as living memorials to those who 
                fought and sacrificed in these conflicts to 
                establish and maintain our freedom and liberty;
                  (C) serve as training grounds for our 
                Nation's Armed Forces; and
                  (D) serve as heritage tourism destinations, 
                generating revenue for local economies.
          (2) According to the Report on the Nation's Civil War 
        Battlefields, prepared by the National Park Service and 
        updated in 2010, of the 383 Civil War battlefields 
        identified as national preservation priorities--
                  (A) only at 31 battlefields is more than half 
                of the surviving landscape permanently 
                protected;
                  (B) at 227 battlefields, less than half of 
                the surviving landscape is permanently 
                protected;
                  (C) 65 battlefields have no protection at 
                all; and
                  (D) 113 battlefields have been severely 
                hampered by development since the Civil War or 
                are on the verge of being overwhelmed.
          (3) According to the 2007 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, of the 243 principal 
        Revolutionary War and War of 1812 battlefields 
        identified as national preservation priorities--
                  (A) almost 70 percent lie within urban areas 
                as denoted in the 2000 U.S. Census;
                  (B) 141 are lost or extremely fragmented, 
                with residential and commercial development 
                being the chief threats;
                  (C) 100 other battlefields retain significant 
                features and lands from the period of battle, 
                although on average these battlefields retain 
                only 37 percent of the original historic scene;
                  (D) of these 100 surviving but diminished 
                battle landscapes, 82 are partially owned and 
                protected by public and nonprofit stewards, 
                although the extent of that protection varies 
                from site to site;
                  (E) 18 are without any legal protection;
                  (F) the condition of two battlefields is 
                unknown, with additional research and survey 
                being required to determine their exact 
                location and condition; and
                  (G) the paucity of existing battlefield 
                landscapes necessitates preservation and 
                maintenance of what precious little remains 
                today.
  (b) Purposes.--The purposes of this Act are--
          (1) to act quickly and proactively to preserve and 
        protect nationally significant battlefields of the 
        American Revolution, War of 1812, and Civil War through 
        conservation easements and fee-simple purchases of 
        those battlefields from willing sellers; and
          (2) to create partnerships among State and local 
        governments, regional entities, and the private sector 
        to preserve, conserve, and enhance the visitor 
        experience at nationally significant battlefields of 
        the American Revolution, War of 1812, and Civil War.

           *       *       *       *       *       *       *

                              ----------                              


                      TITLE 54, UNITED STATES CODE




           *       *       *       *       *       *       *
SUBTITLE III--NATIONAL PRESERVATION PROGRAMS

           *       *       *       *       *       *       *


CHAPTER 3081--AMERICAN BATTLEFIELD PROTECTION PROGRAM

           *       *       *       *       *       *       *



Sec. 308103. Battlefield acquisition grant program

  (a) Definition.--In this section, the term ``eligible site'' 
means a site--
          (1) that is not within the exterior boundaries of a 
        System unit; and
          (2) that is identified in the document entitled 
        ``Report on the Nation's Civil War Battlefields'', 
        prepared by the Civil War Sites Advisory Commission, 
        and dated July 1993.
  (b) Establishment.--The Secretary shall establish a 
battlefield acquisition grant program under which the Secretary 
may provide grants to State and local governments to pay the 
Federal share of the cost of acquiring interests in eligible 
sites for the preservation and protection of those eligible 
sites.
  (c) Nonprofit Partners.--A State or local government may 
acquire an interest in an eligible site using a grant under 
this section in partnership with a nonprofit organization.
  (d) Non-Federal Share.--The non-Federal share of the total 
cost of acquiring an interest in an eligible site under this 
section shall be not less than 50 percent.
  (e) Limitation on Land Use.--An interest in an eligible site 
acquired under this section shall be subject to section 
200305(f)(3) of this title.
  [(f) Authorization of Appropriations.--There is authorized to 
be appropriated to the Secretary to provide grants under this 
section $10,000,000 for each of fiscal years 2012 and 2013.]
  (f) Authorization of Appropriations.--There is authorized to 
be appropriated to the Secretary to provide grants under this 
section $20,000,000 for each fiscal year through 2028, of which 
not more than 10 percent may be used each fiscal year as 
follows:
          (1) Not more than $1,000,000 for projects and 
        programs that modernize battlefield interpretive and 
        educational assets through the deployment of 
        technology, disbursed through the competitive grant 
        process to non-profit organizations.
          (2) Not more than $1,000,000 for grants to 
        organizations described in section 501(c)(3) of the 
        Internal Revenue Code of 1986 and exempt from taxation 
        under section 501(a) of such Code to be used for 
        projects that restore day-of-battle conditions on land 
        preserved through Battlefield Land Acquisition Grant 
        Program funds.

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