[Pages H2880-H2882]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

REVOLUTIONARY WAR AND WAR OF 1812 BATTLEFIELD PROTECTION ACT

Mr. HOLT. Madam Speaker, I move to suspend the rules and pass the
bill (H.R. 146) 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, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:

H.R. 146

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

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) Definitions.--In this Act:
(1) Battlefield report.--The term ``battlefield report''
means the document titled ``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.
(2) Eligible Entity.--The term ``eligible entity'' means a
State or local government.
(3) Eligible site.--The term ``eligible site'' 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 report.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the American Battlefield
Protection Program.
(b) 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.
(c) Nonprofit Partners.-- An eligible entity may acquire an
interest in an eligible site using a grant under this section
in partnership with 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) Limitations on Land Use.--An interest in an eligible
site acquired under this section 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)).
(f) Willing Seller.--Acquisitions of land and interests in
land under this Act shall be limited to acquisitions, from
willing sellers only, of conservation easements and fee-
simple purchases of eligible sites.
(g) Reports.--
(1) In general.--Not later than 5 years after the date of
the enactment of this Act, the Secretary shall submit to
Congress a report on the activities carried out under this
section.
(2) Update on Battlefield Report.--Not later than 3 years
after the date of the enactment of this Act, the Secretary
shall submit to Congress a report that updates the
battlefield report to reflect--
(A) 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;
(B) changes in the condition of the battlefields and
associated sites during that period; and

[[Page H2881]]

(C) any other relevant developments relating to the
battlefields and associated sites during that period.
(h) Authorizations of Appropriations.--
(1) In general.--There are authorized to be appropriated to
the Secretary from the Land and Water Conservation Fund to
provide grants under this Act $10,000,000 for each of fiscal
years 2010 through 2014.
(2) Update of Battlefield Report.--There are authorized to
be appropriated to the Secretary to carry out subsection
(g)(2), $500,000.

The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New
Jersey (Mr. Holt) and the gentleman from Nebraska (Mr. Smith) each will
control 20 minutes.
The Chair recognizes the gentleman from New Jersey.

General Leave

Mr. HOLT. Madam Speaker, I ask unanimous consent that all Members may
have 5 legislative days to revise and extend their remarks and to
include extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New Jersey?
There was no objection.
Mr. HOLT. Madam Speaker, I rise as the sponsor of H.R. 146, the
Revolutionary War and War of 1812 Battlefield Protection Act, which I
introduced for myself and a number of other Members. I would like to
thank Chairman Rahall and Chairman Grijalva for their help in bringing
this legislation to the floor.
Madam Speaker, from the shot heard around the world in Lexington to
the beginning of the winning, when Washington and his soldiers crossed
the Delaware, on to the surrender of Lord Cornwallis at Yorktown, the
stories of the American Revolution bring to life the ideals of liberty
and democracy fostered by our Nation's founders.
As noted historian, David Hackett Fischer, testified before the
Natural Resources Committee last year, ``from long experience I can
testify that one of the best ways to learn about history is to go to
sites, and get on the ground.'' I could not agree more.
While one can read about the American Revolution and the values that
were fought for and established at that time, or read about the War of
1812 when the fledgling country fought to maintain its independence,
history is best experienced, however, not by reading but by feeling,
touching and living what was experienced in those trying times. There
is no better way to experience the history of the founding of our great
Nation than on the hallowed ground where the epic struggle for our
Nation's independence took place.
Preserving these American historic treasures is essential to
remembering the sacrifices that our forefathers made to secure our
freedom and our independence, and it is vital for educating the current
generations and future generations and about our rich cultural
heritage. Unfortunately, urbanization, suburban sprawl and unplanned
development continually encroach on many of the significant
battlefields of that period. This encroachment poses a severe and
growing risk to the preservation of these historic significant sites.
Last spring, the National Park Service published its report to
Congress on the status of the Revolutionary War and the War of 1812
sites in the United States. This report demonstrates that there is a
great need to act and to act quickly to preserve many of these sites.
Out of the 677 naturally significant battlefields and associated sites
of the Revolutionary War and the War of 1812, 99, according to the
National Park Service, are lost forever already; 234 are fragmented or
in poor condition; an additional 170 are in danger of being destroyed
within the next decade.
H.R. 146 would help State and local governments and non-profits
protect and preserve these battlefields and historic sites by
authorizing the use of money from the Land and Water Conservation Fund
to provide up to 50 percent of the costs of purchasing battlefield land
threatened by sprawl and commercial development. This legislation is
patterned after the successful Civil War Battlefield Protection Program
that has been in effect for quite some time now.
I might add, it was an oversight, I would say, that decades ago,
these battlefields and sites of the War of 1812 and the Revolutionary
War were not included under the same umbrella. Now is the time to do
it. Now is past the time to do it.
My home State of New Jersey played a unique role in the American
Revolution. I was pleased when, a couple of years ago, Congress took
action to protect the battlefields in historic sites where this
conflict took place. We passed legislation that created the Crossroads
of the American Revolution National Heritage Area linking hundreds of
sites across 14 counties in New Jersey where more military engagements
took place than in any other States. New Jersey was truly the
crossroads of the American Revolution for a number of reasons, and I'm
pleased we're taking steps to preserve the record of those engagements.
There's a fundamental misconception that the American Revolution and
War of 1812 took place only in the Northeast. In truth, the story of
the American Revolution and the War of 1812 crisscrosses 33 States,
from New York to Louisiana, from Georgia to Oregon. Enacting this
legislation would allow each of these States to preserve better their
history and their role in the War of 1812 and the American Revolution.
Soon, I will be introducing legislation that will provide additional
funding for the program created in this legislation, H.R. 149. That
legislation, the American Revolution and War of 1812 Commemorative Coin
Act, is modeled after the Civil War Battlefield Commemorative Coin Act
of 1992, which has raised over $6 million for battlefield preservation.
Enacting that bill will allow many more historic battlefields to be
preserved. Enacting this bill will make it possible for our children
and their children and other generations to enjoy and learn. We want to
give Americans the opportunity to learn history, to feel history, to
experience history so that they understand the principles on which this
country was founded. People who know history can be better citizens,
more engaged in current civic affairs and more cognizant of their place
in history.
I urge my colleagues to support and vote for this important
legislation.
I reserve the balance of my time.
Mr. SMITH of Nebraska. Madam Speaker, I yield myself as much time as
I may consume.
During hearings on this bill in the 110th Congress, the Committee on
Natural Resources heard testimony from historian David Hackett Fischer.
Mr. Fischer's 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 respected the property of civilians, even
when the property belonged to a Tory sympathizer. Washington personally
gave strict orders to 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 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 its
eminent domain powers to seize lands from unwilling sellers. The
justified resentment this caused hurt subsequent efforts.
I hope that as we set out to preserve historic sites, we emulate
George Washington and not George III.
I yield back the balance of my time.
Mr. HOLT. Madam Speaker, with the urging to my colleagues to support
this legislation, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from New Jersey (Mr. Holt) that the House suspend the rules
and pass the bill, H.R. 146, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. SMITH of Nebraska. Madam Speaker, I object to the vote on the
ground that a quorum is not present

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and make the point of order that a quorum is not present.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this motion will be
postponed.
The point of no quorum is considered withdrawn.

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