[Senate Report 110-300]
[From the U.S. Government Publishing Office]
Calendar No. 652
110th Congress Report
SENATE
2d Session 110-300
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CIVIL WAR BATTLEFIELD PRESERVATION ACT OF 2008
_______
April 10, 2008.--Ordered to be printed
_______
Mr. Bingaman, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 1921]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 1921) to amend the American Battlefield
Protection Act of 1996 to extend the authorization for that
Act, and for other purposes, 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 out all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Civil War Battlefield Preservation Act
of 2008''.
SEC. 2. AUTHORIZATION EXTENDED.
The American Battlefield Protection Act of 1996 (16 U.S.C. 469k) is
amended--
(1) in subsection (d)(7)(A), by striking ``fiscal years 2004
through 2008'' and inserting ``fiscal years 2009 through
2013''; and
(2) by striking subsection (e).
Purpose
The purpose of S. 1921 is to reauthorize the American
Battlefield Protection Act for an additional five years, from
2008 until 2013.
Background and Need
The American Battlefield Protection Program was authorized
in 1996 to provide funding for preservation of threatened Civil
War battlefields. The program leverages Federal appropriations
by requiring matching non-Federal funds. The battlefield
protection grants are administered as part of the American
Battlefield Protection Program within the National Park
Service. The program is designed to provide assistance for
protection of battlefields which are not part of the National
Park System.
Since 1999, over $33 million has been appropriated for the
program, resulting in the protection of over 14,000 acres of
endangered battlefields. As presently authorized, the program
will expire in 2008. S. 1921 extends the authorization for an
additional five years, through 2013.
Legislative History
S. 1921 was introduced by Senator Webb and others on August
1, 2007. The Subcommittee on National Parks held a hearing on
the bill on November 8, 2007. (S. Hrg. 110-282.) At its
business meeting on January 30, 2008, the Committee on Energy
and Natural Resources ordered S. 1921 favorably reported with
an amendment in the nature of a substitute.
Committee Recommendation
The Committee on Energy and Natural Resources, in open
business session on January 30, 2008, by a voice vote of a
quorum present, recommends that the Senate pass S. 1921, if
amended as described herein.
Committee Amendment
During its consideration of S. 1921, the Committee adopted
an amendment in the nature of a substitute. The amendment
deleted the findings section in the bill as introduced and
deleted a provision in the underlying law that would have
repealed the program as of September 30, 2008.
Section-by-Section Analysis
Section 1 contains the short title, the ``Civil War
Battlefield Preservation Act of 2008.''
Section 2 amends section 604 of Public Law 104-333, the
American Battlefield Protection Act of 1996 (16 U.S.C. 469k),
to extend the authorization for the American Battlefield
Protection program through fiscal year 2013. The section also
deletes section 604(e) of that Act, which would have repealed
the program as of September 30, 2008.
Cost and Budgetary Considerations
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
S. 1921--Civil War Battlefield Preservation Act of 2007
Summary: S. 1921 would reauthorize funding for battlefield
preservation grants made under the Civil War Preservation Act
of 2002. Assuming appropriation of the authorized amounts, CBO
estimates that the National Park Service (NPS) would spend $42
million over the 2009-2013 period to carry out this grant
program. The legislation would not affect direct spending or
revenues.
S. 1921 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 impact of S. 1921 is shown in the following table.
The cost of this legislation falls within budget function 300
(natural resources and environment).
------------------------------------------------------------------------
By fiscal year, in millions of
dollars--
---------------------------------------
2009 2010 2011 2012 2013
------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Authorization Level\a\.......... 10 10 10 10 10
Estimated Outlays............... 5 7 10 10 10
------------------------------------------------------------------------
\a\For fiscal year 2008, about $3 million was appropriated for
battlefield preservation grants.
Basis of estimate: For this estimate, CBO assumes that the
entire amounts authorized by the bill will be appropriated for
each fiscal year. Outlay estimates are based on recent spending
patterns for this program.
The bill would authorize appropriations through 2013 for
battlefield preservation grants at the existing authorization
level of $10 million per year. (That authorization will expire
at the end of fiscal year 2008.) The NPS uses those grants
primarily to support local preservation efforts at Civil War
battlefields.
Intergovernmental and private-sector impact: S. 1921
contains no intergovernmental or private-sector mandates as
defined in UMRA and would benefit state and local governments
that receive grants through this program.
Estimate prepared by: Federal Costs: Matthew Pickford;
Impact on State, Local, and Tribal Governments: Burke Doherty;
Impact on the Private Sector: MarDestinee C. Perez.
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 S. 1921. The bill 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 S. 1921, as ordered reported.
Congressionally Directed Spending
S. 1921, 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 8, 2007 subcommittee hearing on S. 1921 follows:
Statement of Katherine H. Stevenson, Acting Assistant Director, Bussing
Services, National Park Service, Department of The Interior
Mr. Chairman and members of the committee, thank you for
the opportunity to appear before you today to present the views
of the Department of the Interior on S. 1921, a bill to amend
the American Battlefield Protection Act of 1996 and extend the
authorization for that act, and other purposes.
The Department supports enactment of this bill.
S. 1921 would extend the authorization from fiscal years
September 30, 2009 through September 30, 2013 for battlefield
preservation grants under the Civil War Battlefield
Preservation Act of 2002. The purpose of this act is to: (1) To
protect battlefields and sites associated with armed conflicts
that influenced the course of our history, (2) to encourage and
assist all Americans in planning for the preservation,
management, and interpretation of these sites, and (3) to raise
the importance of preserving battlefields and related sites for
future generations, through the upcoming sesquicentennial
commemoration of the Civil War, 2011-2015.
american battlefield protection program
The National Park Service's American Battlefield Protection
Program (ABPP) is a small, cost-effective program that promotes
the preservation of battlefields and related sites of all wars
on American soil through ``planning and partnerships.'' The
ABPP promotes battlefield preservation strategies for
protecting sites of armed conflict that cannot or should not be
preserved by federal ownership, but must nonetheless be saved
in order for future generations of Americans to understand the
importance of these irreplaceable sites.
In order to achieve these goals, the ABPP provides a range
of financial and technical assistance to Federal, State, and
local partners on issues of battlefield landscape
identification, documentation, planning, interpretation, and
economic development. The program encourages states,
communities, non-profit organizations, and individual citizens
to become the stewards of battlefields. By empowering local
communities and private landowners to make the best decisions
possible, the ABPP enables these communities and owners to
develop local solutions for balanced preservation approaches.
The ABPP provides yearly battlefield preservation project
grants to assist communities and organizations striving to save
our battlefields. The project grants have helped States,
Tribes, and local communities identify and document historic
battlefield resources, nominate historic battlefields to the
National Register of Historic Places, plan for resource
stewardship and conservation, interpret the battlefields for
the visiting public, and develop heritage tourism programs that
encourage battlefield preservation.
Over the life of the program, ABPP has awarded 329 project
grants totaling over $7.7 million to organizations in 37
States, the District of Columbia, and the Republic of Palau.
acquisition grants
In 2002, P.L. 107-359, the Civil War Battlefield Protection
Act, amended the original ABPP authorization to establish the
battlefield acquisition grant program. It directed the
Secretary to submit to Congress a report on updates of the
battlefield preservation activities, and authorized
appropriations to the Secretary from the Land and Water
Conservation Fund for each fiscal year 2004-2008. These grants
help State and local governments acquire Civil War battlefield
lands outside of the legislative boundaries of units of the
National Park System. In order to be eligible to receive these
grants, Congress established the following three requirements:
(1) The battlefield must be among the 384 identified by the
Civil War Sites Advisory Commission; (2) the land to be
acquired must not be within the exterior boundaries of any unit
of the National Park System; and (3) any land acquired with the
assistance of the grant program may not be subsequently
converted to a non-conservation use without the prior written
permission of the Secretary of the Interior. In addition, the
ABPP set two additional requirements: (1) Any grant awarded
must be supported by an appraisal of the property's value in
accordance with federal standards for property appraisals; and
(2) any land acquired with the assistance of the grant program
must be protected by a perpetual easement sufficient to protect
the significant above-ground features of the battlefield
landscape as well as the battlefield's archeological resources.
The grant fund has been tremendously successful in allowing
local preservation efforts to permanently preserve Civil War
battlefield land with a minimum of federal assistance. Grants
of $26.3 million from ABPP have leveraged a total of $52
million in nonfederal funding. To date, the grant program has
assisted in the permanent protection of 15,705 acres at 72
Civil War battlefields.
Mr. Chairman, this concludes my testimony. I would be happy
to answer any questions you or other committee members may have
regarding this bill.
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 S. 1921 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):
Public Law 104-333
(Approved November 12, 1996; 110 Stat. 4093)
AN ACT To provide for the administration of certain Presidio properties
at minimal cost to the Federal taxpayer, and for other purposes
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
This Act may be cited as the ``Omnibus Parks and Public
Lands Management Act of 1996''.
* * * * * * *
TITLE VI--CIVIL AND REVOLUTIONARY WAR SITES
* * * * * * *
SEC. 604. AMERICAN BATTLEFIELD PROTECTION PROGRAM.
(a) Short Title.--This section may be cited as the
``American Battlefield Protection Act of 1996''.
* * * * * * *
(d) Battlefield Acquisition Grant Program.--
* * * * * * *
(7) Authorization of appropriations.--
(A) In general.--There are authorized to be
appropriated to the Secretary from the Land and
Water Conservation Fund to provide grants under
this subsection $10,000,000 for each of [fiscal
years 2004 through 2008] fiscal years 2009
through 2013.
(B) Update of battlefield report.--There are
authorized to be appropriated to the Secretary
to carry out paragraph (6)(B), $500,000.
[(e) Repeal.--
(1) In general.--This section is repealed on
September 30, 2008.
(2) No effect on general authority.--The Secretary
may continue to conduct battlefield studies and provide
battlefield acquisition grants in accordance with other
authorities available to the Secretary.
(3) Unobligated funds.--Any funds made available
under this section that remain unobligated shall be
credited to the general fund of the Treasury.]