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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.