Report text available as:

  • TXT
  • PDF   (PDF provides a complete and accurate display of this text.) Tip ?

107th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     107-710

======================================================================



 
             CIVIL WAR BATTLEFIELD PRESERVATION ACT OF 2002

                                _______
                                

October 1, 2002.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Hansen, from the Committee on Resources, submitted the following

                              R E P O R T

                        [To accompany H.R. 5125]

    The Committee on Resources, to whom was referred the bill 
(H.R. 5125) to amend the American Battlefield Protection Act of 
1996 to authorize the Secretary of the Interior to establish a 
battlefield acquisition grant program, 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 2002''.

SEC. 2. FINDINGS AND PURPOSES.

  (a) Findings.--Congress finds the following:
          (1) Civil War battlefields provide a means for the people of 
        the United States to understand a tragic period in the history 
        of the United States.
          (2) According to the Report on the Nation's Civil War 
        Battlefields, prepared by the Civil War Sites Advisory 
        Commission, and dated July 1993, of the 384 principal Civil War 
        battlefields--
                  (A) almost 20 percent are lost or fragmented;
                  (B) 17 percent are in poor condition; and
                  (C) 60 percent have been lost or are in imminent 
                danger of being fragmented by development and lost as 
                coherent historic sites.
  (b) Purposes.--The purposes of this Act are--
          (1) to act quickly and proactively to preserve and protect 
        nationally significant Civil War battlefields through 
        conservation easements and fee-simple purchases of those 
        battlefields from willing sellers; and
          (2) to create partnerships among State and local governments, 
        regional entities, and the private sector to preserve, 
        conserve, and enhance nationally significant Civil War 
        battlefields.

SEC. 3. BATTLEFIELD ACQUISITION GRANT PROGRAM.

  The American Battlefield Protection Act of 1996 (16 U.S.C. 469k) is 
amended--
          (1) by redesignating subsection (d) as paragraph (3) of 
        subsection (c), and indenting appropriately;
          (2) in paragraph (3) of subsection (c) (as redesignated by 
        paragraph (1))--
                  (A) by striking ``Appropriations'' and inserting 
                ``appropriations''; and
                  (B) by striking ``section'' and inserting 
                ``subsection'';
          (3) by inserting after subsection (c) the following:
  ``(d) Battlefield Acquisition Grant Program.--
          ``(1) Definitions.--In this subsection:
                  ``(A) Battlefield report.--The term `Battlefield 
                Report' means the document entitled `Report on the 
                Nation's Civil War Battlefields', prepared by the Civil 
                War Sites Advisory Commission, and dated July 1993.
                  ``(B) Eligible entity.--The term `eligible entity' 
                means a State or local government.
                  ``(C) Eligible site.--The term `eligible site' means 
                a site--
                          ``(i) that is not within the exterior 
                        boundaries of a unit of the National Park 
                        System; and
                          ``(ii) that 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 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.
          ``(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) Limitation 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. 460l-8(f)(3)).
          ``(6) Reports.--
                  ``(A) In general.--Not later than 5 years after the 
                date of the enactment of this subparagraph, the 
                Secretary shall submit to Congress a report on the 
                activities carried out under this subsection.
                  ``(B) Update of battlefield report.--Not later than 2 
                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 384 battlefields during the period between 
                        publication of the Battlefield Report and the 
                        update;
                          ``(ii) changes in the condition of the 
                        battlefields during that period; and
                          ``(iii) any other relevant developments 
                        relating to the battlefields during that 
                        period.
          ``(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.
                  ``(B) Update of battlefield report.--There are 
                authorized to be appropriated to the Secretary to carry 
                out paragraph (6)(B), $500,000.''; and
          (4) in subsection (e)--
                  (A) in paragraph (1), by striking ``as of'' and all 
                that follows through the period and inserting ``on 
                September 30, 2008.''; and
                  (B) in paragraph (2), by inserting ``and provide 
                battlefield acquisition grants'' after ``studies''.

                          Purpose of the Bill

    The purpose of H.R. 5125 is to amend the American 
Battlefield Protection Act of 1996 to authorize the Secretary 
of the Interior to establish a battlefield acquisition grant 
program.

                  Background and Need for Legislation

    The Civil War Sites Advisory Commission was established by 
Congress in 1990 because of national concern about the loss of 
battlefields with historic significance to the Civil War. In 
July 1993, the Commission published the Report on the Nation's 
Civil War Battlefields regarding the Nation's 384 battlefields. 
The report concluded that almost 20 percent of the Civil War 
battlefields are lost or fragmented, 17 percent are in poor 
condition, and 60 percent have been lost or are in imminent 
danger of being fragmented and lost as coherent historic sites.
    Congress created the American Battlefield Protection 
Program, operated by the National Park Service, to preserve and 
protect battlefields and historic sites associated with armed 
conflicts that influenced American history. The program has 
been used to leverage non-federal dollars in preserving 
endangered sites. For example, the $8 million dollars provided 
in the fiscal year (FY) 1999 Department of the Interior 
Appropriations Act generated an additional $16 million dollars 
from non-federal entities. H.R. 5125 would provide 
predictability to the program for potential donors by 
authorizing an annual appropriation of up to $10 million 
dollars for FY 2004 through FY 2008 after the current 
appropriation is exhausted. The battlefield acquisition program 
would establish a 1 to 1 match to obtain grant dollars. In 
addition, it would also authorize $500,000 for the Secretary of 
the Interior to update the Commission report on the status of 
civil war battlefields and to prioritize needs.

                            Committee Action

    H.R. 5125 was introduced on July 15, 2002, by Congressman 
Gary Miller (R-CA). The bill was referred to the Committee on 
Resources, and within the Committee to the Subcommittee on 
National Parks, Recreation, and Public Lands. On September 12, 
2002, the Full Resources Committee met to consider the bill and 
the Subcommittee on National Parks, Recreation, and Public 
Lands was discharged from further consideration of the bill by 
unanimous consent. Congressman George Radanovich (R-CA) offered 
an amendment to allow two years for the Civil War Sites 
Advisory Commission to update the report. The amendment was 
adopted by unanimous consent. No further amendments were 
offered and the bill as amended was 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 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. The Committee believes that 
enactment of this bill will have little effect on the federal 
budget.
    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 authorize the Secretary of the 
Interior to establish a battlefield acquisition grant program.
    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 requested but not received a cost 
estimate for this bill from the Director of the Congressional 
Budget Office.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                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


SEC. 604. AMERICAN BATTLEFIELD PROTECTION PROGRAM.

  (a) Short Title.--This section may be cited as the ``American 
Battlefield Protection Act of 1996''.

           *       *       *       *       *       *       *

  (c) Preservation Assistance.--
          (1) * * *

           *       *       *       *       *       *       *

          [(d)] (3) Authorization of [Appropriations] 
        appropriations.--There are authorized to be 
        appropriated $3,000,000 annually to carry out this 
        [section] subsection, to remain available until 
        expended.
  (d) Battlefield Acquisition Grant Program.--
          (1) Definitions.--In this subsection:
                    (A) Battlefield report.--The term 
                ``Battlefield Report'' means the document 
                entitled ``Report on the Nation's Civil War 
                Battlefields'', prepared by the Civil War Sites 
                Advisory Commission, and dated July 1993.
                    (B) Eligible entity.--The term ``eligible 
                entity'' means a State or local government.
                    (C) Eligible site.--The term ``eligible 
                site'' means a site--
                          (i) that is not within the exterior 
                        boundaries of a unit of the National 
                        Park System; and
                          (ii) that 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 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.
          (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) Limitation 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. 460l-8(f)(3)).
          (6) Reports.--
                    (A) In general.--Not later than 5 years 
                after the date of the enactment of this 
                subparagraph, the Secretary shall submit to 
                Congress a report on the activities carried out 
                under this subsection.
                    (B) Update of battlefield report.--Not 
                later than 2 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 384 battlefields during the 
                        period between publication of the 
                        Battlefield Report and the update;
                            (ii) changes in the condition of 
                        the battlefields during that period; 
                        and
                            (iii) any other relevant 
                        developments relating to the 
                        battlefields during that period.
          (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.
                    (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 [as of the 
        date that is 10 years after the date of enactment of 
        this section.] 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.

           *       *       *       *       *       *       *