[House Report 116-627]
[From the U.S. Government Publishing Office]
116th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 116-627
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PRESERVING AMERICA'S BATTLEFIELDS ACT
_______
December 8, 2020.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Grijalva, from the Committee on Natural Resources,
submitted the following
R E P O R T
[To accompany H.R. 307]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 307) 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, reports favorably thereon without
amendment and recommends that the bill do pass.
Purpose of the Bill
The purpose of H.R. 307 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 (ABPP) was
created by the Secretary of the Interior in 1991, and
officially authorized by Congress in 1996, to promote the
preservation of significant historic American battlefields. The
ABPP ``focuses primarily on land use, cultural resource and
site management planning, and public education''--enabling
``current and future generations better understand the
connection between military conflicts and important social and
political changes that occurred in American history.''\1\ The
ABPP is administered by the National Park Service and comprises
two competitive grant programs: the Battlefield Preservation
Planning Grant Program and the Battlefield Land Acquisition
Grant Program. These grant programs encourage private sector
and state investment in battlefield preservation.
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\1\American Battlefield Protection Program: What We Do, Nat'l Park
Serv., https://www.nps.gov/orgs/2287/whatwedo.htm (last updated May 26,
2020).
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ABPP Battlefield Land Acquisition Grants help states and
communities acquire and protect threatened historic battlefield
land. Although the grants were originally limited to Civil War
sites, the grant program was expanded in the 113th Congress to
include battlefields from the American Revolution and War of
1812.\2\ Since 1988, Battlefield Land Acquisition Grants have
helped preserve land at more than 100 battlefields in nineteen
states--protecting over 30,000 acres of battlefield land across
the country.\3\ Antietam, Gettysburg, and Shiloh are just a few
of the battlefields that have been preserved with grant funds.
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\2\Carl Levin and Howard P. ``Buck'' McKeon National Defense
Authorization Act for Fiscal Year 2015, Pub. L. No. 113-291, Sec. 3050,
128 Stat. 3292, 3799 (2014), https://uscode.house.gov/
statviewer.htm?volume=128&page=3799.
\3\See What We Do, supra note 1; Tell Your Federal Legislators:
Protect America's Battlefields!, Am. Battlefield Trust, https://
www.battlefields.org/preserve/speak-out/tell-your-federal-legislators-
protect-americas-battlefields.
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Battlefield Land Acquisition Grants are awarded through a
competitive process and require a dollar-for-dollar nonfederal
match. Funding for grants is derived from the Land and Water
Conservation Fund. Prior to H.R. 307, appropriations for the
program were capped at $10 million per fiscal year (FY) and
authorized only through FY 2021.
H.R. 307, as reported, would have reauthorized the
Battlefield Land Acquisition Grant Program through FY 2028 and
increased the authorization to $20 million per fiscal year.
Increasing the funding cap enables state and local governments
to acquire interests in eligible sites for their preservation
and protection. Up to ten percent of that annual appropriation
would have been made available for projects other than land
acquisition, including up to $1,000,000 available annually to
nonprofits for programs that modernize battlefield interpretive
and education programs through technology and up to $1,000,000
available annually for grants to nonprofit organizations to
restore sites to day-of-battle conditions.
On December 19, 2019, Congress passed H.R. 307, with
modifications, as part of H.R. 1865. The president signed the
bill into law on December 20, 2019.\4\ As enacted, the bill
raised the Battlefield Land Acquisition Grant Program
authorization from $10 million to $18 million through FY 2028.
The enacted bill included a separate additional $1 million
authorization through FY 2028 for interpretation modernization
grants to states, tribes, local governments, and nonprofits and
a separate additional $1 million annual authorization through
FY 2028 for day-of-battle restoration grants to states, tribes,
local governments, and nonprofits.
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\4\Further Consolidated Appropriations Act, 2020, Pub. L. No. 116-
94, div. P, tit. VII, 133 Stat. 2534, 3195 (2019), https://
uscode.house.gov/statviewer.htm?volume=133&page=3195.
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Committee Action
H.R. 307 was introduced on January 8, 2019, by
Representative Jody Hice (R-GA). The bill was referred solely
to the Committee on Natural Resources, and within the Committee
to the Subcommittee on National Parks, Forests, and Public
Lands. On May 22, 2019, the Subcommittee held a hearing on the
bill. On November 20, 2019, the Natural Resources Committee met
to consider the bill. The Subcommittee was discharged by
unanimous consent. No amendments were offered, and the bill was
adopted and ordered favorably reported to the House of
Representatives by voice vote.
Hearings
For the purposes of section 103(i) of H. Res. 6 of the
116th Congress--the following hearing was used to develop or
consider H.R. 307: legislative hearing by the Subcommittee on
National Parks, Forests, and Public Lands held on May 22, 2019.
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, December 18, 2019.
Hon. Raul M. Grijalva,
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. 307, 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 Sofia Guo.
Sincerely,
Phillip L. Swagel,
Director.
Enclosure.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
H.R. 307 would authorize the appropriation of $20 million
annually through 2028 for the American Battlefield Protection
Program (ABPP), which is managed by the National Park Service.
The ABPP provides grants to state and local governments to
share the cost of acquiring eligible battlefield sites for
preservation and protection. Under current law, $10 million is
authorized to be appropriated each year through 2021. Thus,
relative to current law, the bill would increase the authorized
amount by $10 million in 2020 and 2021. (In 2019, the Congress
appropriated $10 million for the ABPP.)
Assuming appropriation of the authorized amounts and based
on historical spending patterns, CBO estimates that
implementing H.R. 307 would cost $69 million over the 2020-2024
period and $91 million after 2024. The costs of the
legislation, detailed in Table 1, fall within budget function
300 (natural resources and environment).
TABLE 1.--ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER H.R. 307
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By fiscal year, millions of dollars--
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2020- 2020-
2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2024 2029
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Authorization............................................... 10 10 20 20 20 20 20 20 20 0 80 160
Estimated Outlays........................................... 7 9 16 18 19 20 20 20 20 7 69 156
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The CBO staff contact for this estimate is Sofia Guo. The
estimate was reviewed by 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 goals and
objectives of this bill are 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.
Unfunded Mandates Reform Act Statement
This bill contains no unfunded mandates.
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. The Battlefield Land
Acquisition Grants (CFDA No. 15.928) reauthorized by this bill
is related and complementary to, but not duplicative of, the
following program identified in the most recent Catalog of
Federal Domestic Assistance published pursuant to 31 U.S.C.
Sec. 6104: American Battlefield Protection (CFDA No. 15.926).
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Preemption of State, Local, or Tribal Law
Any preemptive effect of this bill over state, local, or
tribal law is intended to be consistent with the bill's
purposes and text and the Supremacy Clause of Article VI of the
U.S. Constitution.
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 italics, and existing law in which no
change is proposed is shown in roman):
CIVIL WAR BATTLEFIELD PRESERVATION ACT OF 2002
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[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.
* * * * * * *
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SECTION 308103 OF TITLE 54, UNITED STATES CODE
* * * * * * *
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.
* * * * * * *
Supplemental, Minority, Additional, or Dissenting Views
None.
[all]