[House Report 118-266]
[From the U.S. Government Publishing Office]


118th Congress }                                          { REPORT 
                        HOUSE OF REPRESENTATIVES
 1st Session   }                                          { 118-266

======================================================================
 
                AMERICAN BATTLEFIELD PROTECTION PROGRAM 
                        NHANCEMENT ACT OF 2023

                                _______
                                

November 3, 2023.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Westerman, from the Committee on Natural Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 3448]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 3448) to amend chapter 3081 of title 54, United 
States Code, to enhance the protection and preservation of 
America's battlefields, having considered the same, reports 
favorably thereon with an amendment and recommends that the 
bill as amended do pass.
    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``American Battlefield Protection 
Program Enhancement Act of 2023''.

SEC. 2. AMERICAN BATTLEFIELD PROTECTION PROGRAM IMPROVEMENTS.

  (a) Definitions.--Section 308101 of title 54, United States Code, is 
amended to read as follows:

``Sec. 308101. Definitions

  ``In this chapter:
          ``(1) Secretary.--The term `Secretary' means the Secretary, 
        acting through the American Battlefield Protection Program.
          ``(2) Battlefield reports.--The term `Battlefield Reports' 
        means, collectively--
                  ``(A) the document entitled `Report on the Nation's 
                Civil War Battlefields', prepared by the Civil War 
                Sites Advisory Commission, and dated July 1993; and
                  ``(B) the document 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) Preservation Assistance.--Section 308102(a) of title 54, United 
States Code, is amended by striking ``Federal'' and all that follows 
through ``organizations'' and inserting ``Federal agencies, States, 
Tribes, local governments, other public entities, educational 
institutions, and nonprofit organizations''.
  (c) Battlefield Land Acquisition Grants Improvements.--Section 308103 
of title 54, United States Code, is amended--
          (1) by amending subsection (a) to read as follows:
  ``(a) Eligible Site Defined.--In this section, the term `eligible 
site'--
          ``(1) means a site that--
                  ``(A) is not within the exterior boundaries of a unit 
                of the National Park System; and
                  ``(B) is identified in the Battlefield Reports as a 
                battlefield; and
          ``(2) excludes sites identified in the Battlefield Reports as 
        associated historic sites.'';
          (2) in subsection (b), by striking ``State and local 
        governments'' and inserting ``States, Tribes, local 
        governments, and nonprofit organizations'';
          (3) in subsection (c), by striking ``State or local 
        government'' and inserting ``State, Tribe, or local 
        government''; and
          (4) in subsection (e), by striking ``under this section'' and 
        inserting ``under this section, including by States, Tribes, 
        local governments, and nonprofit organizations,''.
  (d) Battlefield Restoration Grants Improvements.--Section 308105 of 
title 54, United States Code, is amended--
          (1) by amending subsection (a) to read as follows:
  ``(a) Establishment.--The Secretary shall establish a battlefield 
restoration grant program (referred to in this section as the 
`program') under which the Secretary may provide grants to States, 
Tribes, local governments, and nonprofit organizations for projects 
that restore day-of-battle conditions on--
          ``(1) land preserved and protected under the battlefield 
        acquisition grant program established under section 308103(b); 
        or
          ``(2) battlefield land that is--
                  ``(A) owned by a State, Tribe, local government, or 
                nonprofit organization; and
                  ``(B) referred to in the Battlefield Reports.''; and
          (2) by striking subsection (b) and inserting the following:
  ``(b) Eligible Sites.--The Secretary may make grants under this 
section for Revolutionary War, War of 1812, and Civil War battlefield 
sites--
          ``(1) eligible for assistance under the battlefield 
        acquisition grant program established under section 308103(b); 
        or
          ``(2) on battlefield land that is--
                  ``(A) owned by a State, Tribe, local government, or 
                nonprofit organization; and
                  ``(B) referred to in the Battlefield Reports.''.
  (e) Updates and Improvements.--Chapter 3081 of title 54, United 
States Code, is amended by adding at the end the following:

``Sec. 308106. Updates and improvements to Battlefield Reports

  ``Not later than 2 years after the date of the enactment of this 
section, and every 10 years thereafter, the Secretary shall submit to 
Congress a report that updates the Battlefield Reports to reflect--
          ``(1) preservation activities carried out at the battlefields 
        in the period since the publication of the most recent 
        Battlefield Reports update;
          ``(2) changes in the condition, including core and study 
        areas, of the battlefields during that period; and
          ``(3) any other relevant developments relating to the 
        battlefields during that period.''.
  (f) Clerical Amendment.--The table of sections for chapter 3081 of 
title 54, United States Code, is amended as follows:
          (1) By amending the item relating to section 308101 to read 
        as follows:

``308101. Definitions.''.

          (2) By adding at the end the following:

``308106. Updates and improvements to Battlefield Reports.''.

                       Purpose of the Legislation

    The purpose of H.R. 3448 is to amend chapter 3081 of title 
54, United States Code, to enhance the protection and 
preservation of America's battlefields.

                  Background and Need for Legislation

    H.R. 3448 makes several improvements to the American 
Battlefield Protection Program (ABPP) to ensure the continued 
protection of our nation's battlefields and this crucial 
element of American history. To address the loss of sacred 
battlefield sites, Congress created the ABPP in 1996. The ABPP 
provides grants in four categories--battlefield land 
acquisition, battlefield interpretation, battlefield 
restoration, and preservation planning--to protect sites 
related to the Revolutionary War, War of 1812, and the Civil 
War. Since its inception, the ABPP has helped protect more than 
100 battlefields in 42 states, as well as protect battlefield 
lands at 110 battlefield sites in 19 states.
    H.R. 3448 improves the program for more participation, 
clarifies Congressional intent, and ensures continued oversight 
by Congress. First, the bill allows educational institutions 
and nonprofit organizations to receive battlefield preservation 
and battlefield land acquisition grants directly, rather than 
through a state or local government. The bill also adds Tribes 
as eligible entities for these grants. This change would allow 
Tribes and non-profits to acquire battlefield lands, which they 
would then manage to ensure its continued protection and 
recreation-value. Second, the bill clarifies Congress's intent 
when battlefield land acquisition grants were expanded to 
Revolutionary War and War of 1812 sites by specifying this 
expansion shall only apply to battlefields, not associated 
historic sites. Third, H.R. 3448 expands the scope of 
battlefield restoration grants by allowing funding to be used 
on sites from the Revolutionary War, War of 1812, and Civil War 
that have been identified as priority battlefields by the 
National Park Service (NPS) and are owned by a state, tribal, 
or local government or non-profit entity. Lastly, the bill 
directs decennial updates of battlefield reports conducted by 
NPS, which were last completed in 1993 and 2007.
    This bipartisan bill is co-led by the co-chairs of the 
Congressional Battlefield Caucus, Representatives Stefanik (R-
NY) and Connolly (D-VA) and is cosponsored by 50 total Members. 
An amendment from Representative Kiggans (R-VA) was added at 
markup that ensures Tribes and nonprofit organizations are also 
held to the same standard as states currently are under the 
grant program to account for any future uses or conversion 
situations that arise.

                            Committee Action

    H.R. 3448 was introduced on May 17, 2023, by Rep. Elise M. 
Stefanik (R-NY). The bill was referred to the Committee on 
Natural Resources, and within the Committee to the Subcommittee 
on Federal Lands. On July 13, 2023, the Subcommittee on Federal 
Lands held a hearing on the bill. On September 20, 2023, the 
Committee on Natural Resources met to consider the bill. The 
Subcommittee on Federal Lands was discharged from further 
consideration of H.R. 3448 by unanimous consent. Chairman Bruce 
Westerman (R-AR) offered an amendment in the nature of a 
substitute designated Westerman_043 ANS. Rep. Jennifer A. 
Kiggans (R-VA) offered an amendment to the amendment in the 
nature of a substitute designated Kiggans_034. The amendment to 
the amendment in the nature of a substitute was adopted by 
unanimous consent. The amendment offered by Chairman Westerman, 
as amended, was adopted by unanimous consent. The bill, as 
amended, was then ordered favorably reported to the House of 
Representatives by unanimous consent.

                                Hearings

    For the purposes of clause 3(c)(6) of House rule XIII, the 
following hearing was used to develop or consider this measure: 
hearing by the Subcommittee on Federal Lands held on July 13, 
2023.

                      Section-by-Section Analysis


Section 1. Short title

    Section 1 establishes the short title of the bill as the 
``American Battlefield Protection Program Enhancement Act of 
2023.''

Section 2. American Battlefield Protection Program Improvements

    Section 2 updates definitions for the American Battlefield 
Protection Program; adds Tribes, educational institutions, and 
non-profit organizations as eligible recipients of battlefield 
preservation grants; amends battlefield land acquisition grants 
to clarify grants shall be used on priority battlefields, not 
associated historic sites; add Tribes and non-profit 
organizations as eligible recipients of funding; and clarify 
Tribes, local governments and non-profit organizations are 
subject to the same anti-conversion clauses as states that 
receive funding under this Act.
    Section 2 also amends battlefield restoration grants to 
expand grant eligibility to sites that are: (1) identified as 
priority locations in battlefield reports produced by NPS; and 
(2) are owned by a state, tribal, or local government or 
nonprofit organization. Additionally, this section directs the 
Secretary of the Interior to update the 1993 ``Report on the 
Nation's Civil War Battlefields'' and 2007 ``Report to Congress 
on the Historic Preservation of Revolutionary War and War of 
1812 Sites in the United States'' 2 years after the passage of 
the bill and every 10 years thereafter.

            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:




    H.R. 3448 would expand and clarify who is eligible to 
receive grants under the American Battlefield Preservation 
Program, which is administered by the National Park Service 
(NPS). Under current law, a total of $20 million is authorized 
to be appropriated through 2028 and $3 million is permanently 
authorized for that program. That program is primarily for 
battlefield land acquisition grants to protect sites related to 
the Revolutionary War, the War of 1812, and the Civil War. 
Because the bill would not change the authorized amounts or 
significantly change the scope of the program, CBO has not 
estimated any additional costs stemming from those changes. We 
expect that the specified authorization is sufficient to cover 
the costs of implementing those sections of the bill. In 2022, 
the NPS allocated about $20 million for those activities.
    Within 2 years of enactment and every 10 years thereafter, 
the bill also would require the NPS to submit updated 
battlefield reports to the Congress. Using the cost of similar 
reports, CBO estimates that implementing H.R. 3448 would have 
an insignificant cost. Any spending would be subject to the 
availability of appropriated funds. The cost of that report is 
not covered under the existing authorization of appropriations.
    The CBO staff contact for this estimate is Matthew 
Pickford. The estimate was reviewed by H. Samuel Papenfuss, 
Deputy Director of Budget Analysis.
                                         Phillip L. Swagel,
                             Director, Congressional Budget Office.
    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 is to amend chapter 3081 of title 
54, United States Code, to enhance the protection and 
preservation of America's battlefields.

                           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

    According to the Congressional Budget Office, H.R. 3448 
contains no unfunded mandates as defined in the Unfunded 
Mandates Reform Act.

                           Existing Programs

    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.

                  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):

                      TITLE 54, UNITED STATES CODE




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

           *       *       *       *       *       *       *


         CHAPTER 3081--AMERICAN BATTLEFIELD PROTECTION PROGRAM


Sec.
[308101. Definition.]
308101. Definitions.
     * * * * * * *
308106. Updates and improvements to Battlefield Reports.

[Sec. 308101. Definition

  [In this chapter, the term ``Secretary'' means the Secretary, 
acting through the American Battlefield Protection Program.]

Sec. 308101. Definitions

  In this chapter:
          (1) Secretary.--The term ``Secretary'' means the 
        Secretary, acting through the American Battlefield 
        Protection Program.
          (2) Battlefield reports.--The term ``Battlefield 
        Reports'' means, collectively--
                  (A) the document entitled ``Report on the 
                Nation's Civil War Battlefields'', prepared by 
                the Civil War Sites Advisory Commission, and 
                dated July 1993; and
                  (B) the document 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.

Sec. 308102. Preservation assistance

  (a) In General.--Using the established national historic 
preservation program to the extent practicable, the Secretary 
shall encourage, support, assist, recognize, and work in 
partnership with citizens, [Federal, State, local, and tribal 
governments, other public entities, educational institutions, 
and private nonprofit organizations] Federal agencies, States, 
Tribes, local governments, other public entities, educational 
institutions, and nonprofit organizations in identifying, 
researching, evaluating, interpreting, and protecting historic 
battlefields and associated sites on a national, State, and 
local level.
  (b) Financial Assistance.--To carry out subsection (a), the 
Secretary may use a cooperative agreement, grant, contract, or 
other generally adopted means of providing financial 
assistance.
  (c) Authorization of Appropriations.--There is authorized to 
be appropriated to carry out this section $3,000,000 for each 
fiscal year, to remain available until expended.

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.]
  (a) Eligible Site Defined.--In this section, the term 
``eligible site''--
          (1) means a site that--
                  (A) is not within the exterior boundaries of 
                a unit of the National Park System; and
                  (B) is identified in the Battlefield Reports 
                as a battlefield; and
          (2) excludes sites identified in the Battlefield 
        Reports as associated historic sites.
  (b) Establishment.--The Secretary shall establish a 
battlefield acquisition grant program under which the Secretary 
may provide grants to [State and local governments] States, 
Tribes, local governments, and nonprofit organizations 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] State, 
Tribe, 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] under this section, including by 
States, Tribes, local governments, and nonprofit organizations, 
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 $18,000,000 for each of fiscal years 2020 through 2028.

           *       *       *       *       *       *       *


Sec. 308105. Battlefield restoration grant program

  [(a) Establishment.--The Secretary shall establish a 
battlefield restoration grant program (referred to in this 
section as the ``program'') under which the Secretary may 
provide grants to States, Tribes, local governments, and 
nonprofit organizations for projects that restore day-of-battle 
conditions on land preserved under the battlefield acquisition 
grant program established under section 308103(b).
  [(b) Eligible Sites.--The Secretary may make grants under 
this section for Revolutionary War, War of 1812, and Civil War 
battlefield sites eligible for assistance under the battlefield 
acquisition grant program established under section 308103(b).]
  (a) Establishment.--The Secretary shall establish a 
battlefield restoration grant program (referred to in this 
section as the ``program'') under which the Secretary may 
provide grants to States, Tribes, local governments, and 
nonprofit organizations for projects that restore day-of-battle 
conditions on--
          (1) land preserved and protected under the 
        battlefield acquisition grant program established under 
        section 308103(b); or
          (2) battlefield land that is--
                  (A) owned by a State, Tribe, local 
                government, or nonprofit organization; and
                  (B) referred to in the Battlefield Reports.
  (b) Eligible Sites.--The Secretary may make grants under this 
section for Revolutionary War, War of 1812, and Civil War 
battlefield sites--
          (1) eligible for assistance under the battlefield 
        acquisition grant program established under section 
        308103(b); or
          (2) on battlefield land that is--
                  (A) owned by a State, Tribe, local 
                government, or nonprofit organization; and
                  (B) referred to in the Battlefield Reports.
  (c) Federal Share.--The Federal share of the cost of a 
restoration project funded through a grant provided under the 
program shall be not more than 50 percent of the total cost of 
the project.
  (d) Restoration Standards.--All restoration work carried out 
through a grant awarded under the program shall be performed in 
accordance with the Secretary of the Interior's Standards for 
the Treatment of Historic Properties under part 68 of title 36, 
Code of Federal Regulations (or successor regulations).
  (e) Authorization of Appropriations.--There is authorized to 
be appropriated to the Secretary to provide grants under this 
section $1,000,000 for each of fiscal years 2020 through 2028.

Sec. 308106. Updates and improvements to Battlefield Reports

  Not later than 2 years after the date of the enactment of 
this section, and every 10 years thereafter, the Secretary 
shall submit to Congress a report that updates the Battlefield 
Reports to reflect--
          (1) preservation activities carried out at the 
        battlefields in the period since the publication of the 
        most recent Battlefield Reports update;
          (2) changes in the condition, including core and 
        study areas, of the battlefields during that period; 
        and
          (3) any other relevant developments relating to the 
        battlefields during that period.

           *       *       *       *       *       *       *


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