[House Report 110-792]
[From the U.S. Government Publishing Office]
110th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 110-792
======================================================================
CIVIL WAR BATTLEFIELD PRESERVATION ACT OF 2008
_______
July 29, 2008.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Rahall, from the Committee on Natural Resources, submitted the
following
R E P O R T
together with
ADDITIONAL VIEWS
[To accompany H.R. 2933]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 2933) to amend the American Battlefield
Protection Act of 1996 to extend the authorization for that
Act, and for other purposes, having considered the same, report
favorably thereon with an amendment and recommend 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 ``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 of the Bill
The purpose of H.R. 2933 is to amend the American
Battlefield Protection Act of 1996 to extend the authorization
for that Act, and for other purposes.
Background and Need for Legislation
Authorized in 1996 (Sec. 604 of Public Law 104-333), the
American Battlefield Protection Program (16 U.S.C. 469k)
provides grants for preserving endangered Civil War
battlefields which are specifically not part of the National
Park System. Administered by the National Park Service, the
program leverages federal funds appropriated under the program
by requiring matching funds from private donors.
The program contains two components. Battlefield
preservation project grants help communities and organizations
preserve battlefield sites. To date, 329 project grants have
been awarded to help grantees identify historic battlefield
sites, nominate historic battlefield sites to the National
Register of Historic Places, interpret battlefields for the
public, and for other purposes. The battlefield acquisition
grant program provides matching funds which help state and
local governments acquire and preserve battlefield sites
outside the boundaries of National Park System units. The
acquisition program has provided permanent protection to 15,705
acres at 72 Civil War battlefields and the $26.3 million in
grants have been used to leverage $52 million in non-federal
funding.
H.R. 2933 amends the American Battlefield Protection Act of
1996 to extend the authorization of appropriations for these
grant programs through fiscal year 2013.
Committee Action
H.R. 2933 was introduced on June 28, 2007 by Representative
Gary Miller (R-CA). The bill was referred to the Committee on
Natural Resources, and within the Committee to the Subcommittee
on National Parks, Forests and Public Lands. On July 10, 2008,
the Subcommittee held a hearing on the bill, during which the
Administration testified in support of the legislation.
On July 16, 2008, the Subcommittee was discharged from
further consideration of H.R. 2933 and the Full Natural
Resources Committee met to consider the bill. Subcommittee
Chairman Grijalva (D-AZ) offered an amendment in the nature of
a substitute to strike the Findings of Congress section, strike
the program's sunset date and conform the bill to the version
reported in the Senate. It was adopted by unanimous consent.
The bill, as amended, was then 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.
Constitutional Authority Statement
Article I, section 8 of the Constitution of the United
States grants Congress the authority to enact this bill.
Compliance With House Rule XIII
1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
3. 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 amend the American Battlefield
Protection Act of 1996 to extend the authorization for that
Act, and for other purposes.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:
H.R. 2933--Civil War Battlefield Preservation Act of 2008
Summary: H.R. 2933 would authorize the appropriation of $10
million a year over the 2009-2013 period for grants to support
efforts to protect and preserve historic battlefields under the
Civil War Preservation Act of 2002. (The existing authorization
for such grants is scheduled to expire after fiscal year 2008.)
State and local governments would use those grants, in
partnership with nonprofit organizations, to acquire interests
in Civil War battlefield sites that lie beyond the boundaries
of the National Park System.
Assuming appropriation of the authorized amounts, CBO
estimates that the National Park Service would spend $42
million over the 2009-2013 period (and $8 million in later
years) to carry out this grant program. The legislation would
not affect direct spending or revenues.
The bill contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on state, local, or tribal
governments.
Estimated cost to the Federal Government: For this
estimate, CBO assumes that amounts authorized by the bill will
be appropriated for each fiscal year. Estimates of outlays are
based on recent spending patterns for this program. The
estimated budgetary impact of H.R. 2933 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 2009-2013
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Authorization Levela.................................... 10 10 10 10 10 50
Estimated Outlays....................................... 5 7 10 10 10 42
----------------------------------------------------------------------------------------------------------------
aFor fiscal year 2008, about $3 million was appropriated for battlefield preservation grants.
Intergovernmental and private-sector impact: H.R. 2933
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on state and local
governments. The bill would extend the authorization of a grant
program for the preservation of battlefield sites and would
benefit state and local governments. Any costs to those
governments would be incurred voluntarily.
Previous CBO estimate: On February 29, 2008, CBO submitted
a cost estimate for S. 1921, the Civil War Battlefield
Preservation Act of 2007, as ordered reported by the Senate
Committee on Energy and Natural Resources on January 30, 2008.
H.R. 2933 and S. 1921 are nearly identical, and their estimated
costs are the same.
Estimate prepared by: Federal Costs: Deborah Reis and
Matthew Pickford; Impact on State, Local, and Tribal
Governments: Melissa Merrell; Impact on the Private Sector:
MarDestinee C. Perez.
Estimate approved by: Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
Earmark Statement
H.R. 2933 does not contain any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9(d), 9(e) or 9(f) of rule XXI.
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, existing law in which no change is
proposed is shown in roman):
AMERICAN BATTLEFIELD PROTECTION ACT OF 1996
(Section 604 of Division I of Public Law 104-333)
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.--
(1) * * *
* * * * * * *
(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.
* * * * * * *
[(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.]
ADDITIONAL VIEWS
The American Battlefield Protection Act Amendments
The American Civil War captures the imagination of people
like no other event in our history. In bookstores most shelves
in the history section are devoted to events of the 1860's. On
weekends, battles are re-enacted by serious hobbyists who
strive for authenticity in costume, weaponry and skirmish
details. Pictures of Lincoln are found in countless homes and
classrooms, Confederate flags adorn pick-up trucks and the
words of the Gettysburg Address are as familiar as the 23rd
Psalm.
As a nation, we clearly recognize the continuing importance
of the War Between the States. So it is natural that we should
try to find appropriate ways to keep safe the places where our
great grandfathers witnessed events so noble and so horrific.
But since our country is about liberty rather than
glorification of the state, we have to safeguard not just the
hills and the mud on which they fought but also the freedoms
for which they fought. Therefore, it would be tragic if we
allow our well-meaning enthusiasm for protecting historic sites
to result in programs that diminish the property rights of our
fellow citizens. This bill has two important safeguards. There
is a ``willing seller'' provision--and we need to make sure the
seller's willingness is un-coerced--and there is a sunset
provision on the program's funding authorization. The bill's
sponsors are to be commended for including these safeguards.
Rob Bishop.