[House Report 116-627]
[From the U.S. Government Publishing Office]


116th Congress }                                          { Report
                        HOUSE OF REPRESENTATIVES
  2d Session   }                                          { 116-627

======================================================================
 
                 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.
---------------------------------------------------------------------------
    \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
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                         By fiscal year, millions of dollars--
                                                             -------------------------------------------------------------------------------------------
                                                                                                                                       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
--------------------------------------------------------------------------------------------------------------------------------------------------------

    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




           *       *       *       *       *       *       *
[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.

           *       *       *       *       *       *       *

                              ----------                              


             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]