[House Report 110-796]
[From the U.S. Government Publishing Office]
110th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 110-796
======================================================================
REVOLUTIONARY WAR AND WAR OF 1812 BATTLEFIELD PROTECTION ACT
_______
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. 160]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred the
bill (H.R. 160) to amend the American Battlefield Protection
Act of 1996 to establish a battlefield acquisition grant
program for the acquisition and protection of nationally
significant battlefields and associated sites of the
Revolutionary War and the War of 1812, 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 ``Revolutionary War and War of 1812
Battlefield Protection Act''.
SEC. 2. BATTLEFIELD ACQUISITION GRANT PROGRAM FOR BATTLEFIELDS OF THE
REVOLUTIONARY WAR AND WAR OF 1812.
(a) Grant Program.--The American Battlefield Protection Act of 1996
(section 604 of division I of Public Law 104-333; 16 U.S.C. 469k) is
amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following new
subsection:
``(e) Battlefield Acquisition Grant Program for Battlefields of the
Revolutionary War and War of 1812.--
``(1) Definitions.--In this subsection:
``(A) Battlefield report.--The term `battlefield
report' means 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) Eligible entity.--The term `eligible entity'
means a State or local government.
``(C) Eligible site.--The term `eligible site' means
a site that--
``(i) is not within the exterior boundaries
of a unit of the National Park System; and
``(ii) is identified in the battlefield
report.
``(D) Secretary.--The term `Secretary' means the
Secretary of the Interior, acting through the American
Battlefield Protection Program.
``(2) Establishment.--The Secretary shall establish a
battlefield acquisition grant program for nationally
significant battlefields and associated sites of the
Revolutionary War and the War of 1812 under which the Secretary
may make grants to eligible entities to pay the Federal share
of the cost of acquiring fee-simple or lesser interests from
willing sellers in eligible sites for the preservation and
protection of those eligible sites.
``(3) Nonprofit partners.--An eligible entity may acquire an
interest in an eligible site using a grant under this
subsection in partnership with a nonprofit organization.
``(4) Non-federal share.--The non-Federal share of the total
cost of acquiring an interest in an eligible site under this
subsection shall be not less than 50 percent.
``(5) Limitations on land use.--An interest in an eligible
site acquired under this subsection shall be subject to section
6(f)(3) of the Land and Water Conservation Fund Act of 1965 (16
U.S.C. 4601-8(f)(3)).
``(6) Reports.--
``(A) In general.--Not later than 5 years after the
date of the enactment of this subsection, the Secretary
shall submit to Congress a report on the activities
carried out under this subsection.
``(B) Update on battlefield report.--Not later than 3
years after the date of the enactment of this
subsection, the Secretary shall submit to Congress a
report that updates the battlefield report to reflect--
``(i) preservation activities carried out at
the 677 battlefields and associated sites
identified in the battlefield report during the
period between publication of the battlefield
report and the update;
``(ii) changes in the condition of the
battlefields and associated sites during that
period; and
``(iii) any other relevant developments
relating to the battlefields and associated
sites during that period.
``(7) Authorizations 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 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.''.
(b) Conforming Amendments.--
(1) References to other battlefield acquisition program.--
Subsection (d) of the American Battlefield Protection Act of
1996, as added by section 3 of Civil War Battlefield
Preservation Act of 2002 (Public Law 107-359; 116 Stat. 3016),
is amended--
(A) in the subsection heading, by striking
``Battlefield Acquisition Grant Program'' and inserting
``Battlefield Acquisition Grant Program for
Battlefields of the Civil War''; and
(B) in paragraph (2), by striking ``grant program''
and inserting ``grant program for battlefields of the
Civil War''; and
(2) Termination of authority.--Subsection (f) of the American
Battlefield Protection Act of 1996, as redesignated by
subsection (a)(1), is amended--
(A) in the subsection heading, by striking ``Repeal''
and inserting ``Expiration''; and
(B) in paragraph (1), by striking ``is repealed'' and
inserting ``expires''.
Purpose of the Bill
The purpose of H.R. 160 is to amend the American
Battlefield Protection Act of 1996 to establish a land
acquisition grant program to acquire and protect nationally
significant battlefields and associated sites of the
Revolutionary War and the War of 1812.
Background and Need for Legislation
The American Battlefield Protection Act of 1996
(Battlefield Act) was enacted to protect and preserve
battlefields and sites associated with historic battles fought
on American soil that influenced the course of American
history. Urbanization, suburban sprawl, and unplanned
commercial and residential development have increasingly
encroached upon these battlefield sites, threatening their
historical integrity and even resulting in the loss of some
sites altogether. Meanwhile, lack of funding has left other
battlefield sites in an alarming state of disrepair and decay.
The Battlefield Act established the American Battlefield
Protection Program (ABPP)--which is administered by the
National Park Service (NPS)--to address these issues. The ABPP
assists citizens, public and private institutions, and
governments at all levels in the preservation, management, and
interpretation of these historic sites for present and future
generations. However, eligibility for grants under the ABPP is
currently limited to Civil War battlefields.
With enactment of Sec. 603 of Public Law 104-333, Congress
authorized the ``Revolutionary War and War of 1812 Historic
Preservation Study Act of 1996'' (16 U.S.C. Ia-5, Note). The
purpose of the study was to identify principal sites from these
two early American wars and, among other things, assess short-
and long-term threats to the integrity of the sites. The final
``Report to Congress on the Historic Preservation of
Revolutionary War and War of 1812 Sites in the United States''
(Study) was completed in September, 2007.
The Study identified and documented 677 principal places
associated with the Revolutionary War and the War of 1812--most
of which the Study concluded were at risk. The Study found that
of the 243 battlefield sites, 143 are already lost or extremely
fragmented. The remaining 100 battlefields retain only 37
percent of their original historic scene and many are only
partially protected, while 18 of those sites have no legal
protection at all.
Of the 434 associated historical sites identified in the
Study, 192 have already been destroyed or survive only as
archeological remains and most of the remaining sites are in
need of immediate and ongoing preservation measures. The Study
concluded that as many as 170 sites face imminent injury or
destruction in the next decade.
The proposed program will allow state or local governments
to obtain federal funds to leverage matching private funds to
acquire sites identified in the Study--from willing sellers--in
order to preserve these historical places.
Committee Action
H.R. 160 was introduced on January 4, 2007 by Rep. Rush
Holt (D-NJ). The bill was referred to the Committee on Natural
Resources, and within the Committee to the Subcommittee on
National Parks, Forests, and Public Lands. At a hearing before
the National Parks, Forests and Public Lands Subcommittee on
July 10, 2008 the Administration testified in support of the
bill and recommended only minor technical changes.
On July 16, 2008, the Subcommittee was discharged from
further consideration of H.R. 160 and the Full Natural
Resources Committee met to consider the bill. Representative
Holt offered an amendment in the nature of a substitute to
address the technical changes. The amendment was agreed to by
unanimous consent. The bill was then ordered favorably
reported, as amended, to the House of Representatives by
unanimous consent.
Section-by-Section Analysis
Section 1. Short title
Section 1 provides that the Act may be cited as the
``Revolutionary War and War of 1812 Battlefield Protection
Act.''
Section 2. Battlefield Acquisition Grant Program for Battlefields of
the Revolutionary War and War of 1812
Section 2(a) provides that the American Battlefield
Protection Act of 1996 (16 U.S.C. 469k) shall be amended to
include the Revolutionary War and War of 1812 Grant Program,
and includes new language to be inserted into the underlying
Act.
The following paragraphs describe the Grant Program
language to be inserted:
Paragraph (1) provides the definitions for the Grant
Program.
Paragraph (2) provides for the establishment of a
battlefield acquisition Grant Program for nationally
significant battlefields and associated sites of the
Revolutionary War and the War of 1812. It authorizes the
Secretary of the Interior to make matching federal grants to
eligible entities so that they may acquire sites--from willing
sellers--that were identified as being eligible for protection
under the NPS Revolutionary War and War of 1812 Study.
Paragraph (3) provides that nonprofit partners are an
eligible entity and may acquire an interest in an eligible site
using a grant under this program in partnership with a
nonprofit organization.
Paragraph (4) provides that the non-federal share of the
total cost of acquiring an interest in an eligible site under
this Grant Program must be at least 50 percent.
Paragraph (5) provides limitations on land use by directing
that an interest in an eligible site acquired under this Grant
Program will be subject to section 6(f)(3) of the Land and
Water Conservation Fund Act of 1965 (16 U.S.C. 4601-8(f)(3)).
This requires that no property acquired with a federal grant
under this program shall be converted for use other then that
which is outlined in this Program.
Paragraph (6)(A) states that, in general, no later then
five years after the date of enactment of this Grant Program,
the Secretary shall submit a report to Congress on the
activities carried out under this program.
Paragraph (6)(B) requires that no later then three years
after the date of the enactment of this Grant Program, the
Secretary shall submit a report to Congress that updates the
battlefield report to reflect the following: (i) preservation
activities carried out at the 677 battlefields and associated
sites identified in the battlefield report during the period
between the publication of the battlefield report and the
update; (ii) changes in the conditions of the battlefields and
associated sites during that period; and (iii) any other
relevant developments relating to the battlefields and
associated sites during that period.
Paragraph (7) authorizes appropriations for the Program.
Subparagraph (A) provides that there are authorized to be
appropriated, to the Secretary of the Interior, from the Land
and Water Conservation Fund, $10,000,000 for each of the fiscal
years 2009 through to 2013, to fund grants under this program.
Subparagraph (B) authorizes appropriations in the amount of
$500,000 for the Secretary to carry out the reporting
requirements as defined in Paragraph (6)(B).
Section 2(b)(1) and 2(b)(2) of the bill provide conforming
amendments to the underlying Battlefield Protection Act of 1996
and references to the other battlefield acquisition program.
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 (16 U.S.C. 469k) to establish a land
acquisition grant program to acquire and protect nationally
significant battlefields and associated sites of the
Revolutionary War and the War of 1812.
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. 160--Revolutionary War and War of 1812 Battlefield Protection Act
Summary: H.R. 160 would authorize the appropriation of $10
million from the Land and Water Conservation Fund for each of
fiscal years 2009 through 2013. Those amounts would be used to
provide financial assistance to state or local governments to
purchase land that has been identified by the National Park
Service (NPS) as eligible for protection through the American
Battlefield Protection Program but is not contained within the
boundaries of a unit of the National Park System.
Assuming appropriation of the authorized amounts, CBO
estimates that the NPS would spend $42 million over the 2009-
2013 period (and $8 million after 2013) to provide grants to
state or local governments for land purchases. Enacting H.R.
160 would not affect revenues or direct spending.
H.R. 160 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: The estimated
budgetary impact of H.R. 160 is shown in the following table.
The costs of this legislation fall within budget function 300
(natural resources and environment). For this estimate, CBO
assumes that H.R. 160 will be enacted near the start of fiscal
year 2009 and that the amounts authorized by the bill will be
appropriated for each fiscal year. Estimated outlays are based
on historical spending patterns for NPS grant programs.
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-------------------------------------------------------
2009 2010 2011 2012 2013 2009-2013
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Authorization Level..................................... 10 10 10 10 10 50
Estimated Outlays....................................... 5 7 10 10 10 42
----------------------------------------------------------------------------------------------------------------
Intergovernmental and private-sector impact: H.R. 160
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on state, local, or
tribal governments. The bill would authorize grants for the
preservation of battlefield sites and would benefit state and
local governments. Any costs to those governments would be
incurred voluntarily.
Estimate prepared by: Federal Costs: Deborah Reis; Impact
on State, Local, and Tribal Governments: Melissa Merrill;
Impact on the Private Sector: MarDestinee C. Perez.
Estimate approved by: Peter H. Fontaine, Assistant Director
for Budget Analysis.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
Earmark Statement
H.R. 160 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] Battlefield
Acquisition Grant Program for Battlefields of the Civil War.--
(1) * * *
(2) Establishment.--The Secretary shall establish a
battlefield acquisition [grant program] grant program
for battlefields of the Civil War under which the
Secretary may provide grants to eligible entities to
pay the Federal share of the cost of acquiring
interests in eligible sites for the preservation and
protection of those eligible sites.
* * * * * * *
(e) Battlefield Acquisition Grant Program for Battlefields of
the Revolutionary War and War of 1812.--
(1) Definitions.--In this subsection:
(A) Battlefield report.--The term
``battlefield report'' means 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) Eligible entity.--The term ``eligible
entity'' means a State or local government.
(C) Eligible site.--The term ``eligible
site'' means a site that--
(i) is not within the exterior
boundaries of a unit of the National
Park System; and
(ii) is identified in the battlefield
report.
(D) Secretary.--The term ``Secretary'' means
the Secretary of the Interior, acting through
the American Battlefield Protection Program.
(2) Establishment.--The Secretary shall establish a
battlefield acquisition grant program for nationally
significant battlefields and associated sites of the
Revolutionary War and the War of 1812 under which the
Secretary may make grants to eligible entities to pay
the Federal share of the cost of acquiring fee-simple
or lesser interests from willing sellers in eligible
sites for the preservation and protection of those
eligible sites.
(3) Nonprofit partners.--An eligible entity may
acquire an interest in an eligible site using a grant
under this subsection in partnership with a nonprofit
organization.
(4) Non-federal share.--The non-Federal share of the
total cost of acquiring an interest in an eligible site
under this subsection shall be not less than 50
percent.
(5) Limitations on land use.--An interest in an
eligible site acquired under this subsection shall be
subject to section 6(f)(3) of the Land and Water
Conservation Fund Act of 1965 (16 U.S.C. 4601-8(f)(3)).
(6) Reports.--
(A) In general.--Not later than 5 years after
the date of the enactment of this subsection,
the Secretary shall submit to Congress a report
on the activities carried out under this
subsection.
(B) Update on battlefield report.--Not later
than 3 years after the date of the enactment of
this subsection, the Secretary shall submit to
Congress a report that updates the battlefield
report to reflect--
(i) preservation activities carried
out at the 677 battlefields and
associated sites identified in the
battlefield report during the period
between publication of the battlefield
report and the update;
(ii) changes in the condition of the
battlefields and associated sites
during that period; and
(iii) any other relevant developments
relating to the battlefields and
associated sites during that period.
(7) Authorizations 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 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] (f) Expiration.--
(1) In general.--This section [is repealed] expires
on September 30, 2008.
* * * * * * *
ADDITIONAL VIEWS
To Amend the American Battlefield Protection Act To Establish a Grant
Program for the Acquisition of Revolutionary War and War of 1812
Battlefield Sites
At our hearing on this bill we heard testimony from
historian David Hackett Fischer whose writings on the
Revolutionary War point out General Washington's support for
property rights and the strong actions he took to ensure that
his soldiers respect the property of civilians--even when the
property belonged to a Tory sympathizer.
Washington personally gave strict orders that forbid
looting even though plunder was the norm at the time and even
though many of his men were hungry, dressed in rags and marched
barefoot in the snow. It is remarkable that in so desperate a
situation and with so noble a cause, he imposed on the Patriot
side such a high standard of conduct.
Washington's honorable policy stood in stark contrast to
the routine seizures of booty by the British and Hessian
troops. It is no accident that over the course of the early
years of the war, 1776 and 1777, in the battleground state of
New Jersey a population that was once evenly divided in its
loyalty, threw its support to the American cause. There are
lessons we can learn from Washington's example.
In earlier battlefield protection efforts, the National
Park Service used their eminent domain powers to seize land
from unwilling sellers and the justified resentment this caused
hurt subsequent efforts.
Our enthusiasm for battlefield protection not-with-
standing, I hope that as we set out to preserve historic sites,
we emulate George Washington, not George the Third.
Rob Bishop.