Report text available as:

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

112th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     112-605

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



 
     AMERICAN BATTLEFIELD PROTECTION PROGRAM AMENDMENTS ACT OF 2012

                                _______
                                

 July 17, 2012.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Hastings of Washington, from the Committee on Natural Resources, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 2489]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 2489) to authorize the acquisition and 
protection of nationally significant battlefields and 
associated sites of the Revolutionary War and the War of 1812 
under the American Battlefield Protection 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 ``American Battlefield Protection 
Program Amendments Act of 2012''.

SEC. 2. REVOLUTIONARY WAR AND WAR OF 1812 AMERICAN BATTLEFIELD 
                    PROTECTION.

  Section 7301(c) of the Omnibus Public Land Management Act of 2009 
(Public Law 111-11) is amended as follows:
          (1) In paragraph (1)--
                  (A) by striking subparagraph (A) and inserting the 
                following:
                  ``(A) Battlefield report.--The term `battlefield 
                report' means, collectively--
                          ``(i) the report entitled `Report on the 
                        Nation's Civil War Battlefields', prepared by 
                        the Civil War Sites Advisory Commission, and 
                        dated July 1993; and
                          ``(ii) the report 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.''; and
                  (B) in subparagraph (C)(ii), by striking 
                ``Battlefield Report'' and inserting ``battlefield 
                report''.
          (2) In paragraph (2), by inserting ``eligible sites or'' 
        after ``acquiring''.
          (3) In paragraph (3), by inserting ``an eligible site or'' 
        after ``acquire''.
          (4) In paragraph (4), by inserting ``an eligible site or'' 
        after ``acquiring''.
          (5) In paragraph (5), by striking ``An'' and inserting ``An 
        eligible site or an''.
          (6) By redesignating paragraph (6) as paragraph (9).
          (7) By inserting after paragraph (5) the following new 
        paragraphs:
          ``(6) Willing sellers.--Acquisition of land or interests in 
        land under this subsection shall be from willing sellers only.
          ``(7) Report.--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, including a description of--
                  ``(A) preservation activities carried out at the 
                battlefields and associated sites identified in the 
                battlefield report during the period between 
                publication of the battlefield report and the report 
                required under this paragraph;
                  ``(B) changes in the condition of the battlefields 
                and associated sites during that period; and
                  ``(C) any other relevant developments relating to the 
                battlefields and associated sites during that period.
          ``(8) Prohibition on lobbying.--
                  ``(A) In general.--None of the funds provided 
                pursuant to this section may be used for purposes of 
                lobbying any person or entity regarding the 
                implementation of this section or be granted, awarded, 
                contracted, or otherwise be made available to any 
                person, organization, or entity that participates in 
                such lobbying.
                  ``(B) Lobbying defined.--For purposes of this 
                paragraph, the term `lobbying' means to directly or 
                indirectly pay for any personal service, advertisement, 
                telegram, telephone call, letter, printed or written 
                matter, or other device intended or designed to 
                influence in any manner a Member of Congress, a 
                jurisdiction, or an official of any government to 
                favor, adopt, or oppose by vote or otherwise, any 
                legislation, law, ratification, policy, land use plan 
                (including zoning), or appropriation of funds before or 
                after the introduction of any bill, resolution, or 
                other measure proposing such legislation, law, 
                ratification, policy, or appropriation.''.
          (8) In paragraph (9) (as redesignated by paragraph (6)), by 
        striking ``2013'' and inserting ``2017''.

                          Purpose of the Bill

    The purpose of H.R. 2489, as ordered reported, is to 
authorize the acquisition and protection of nationally 
significant battlefields and associated sites of the 
Revolutionary War and the War of 1812 under the American 
Battlefield Protection Program.

                  Background and Need for Legislation

    The American Battlefield Protection Act of 1996 was enacted 
to preserve and protect historically significant battlefields 
associated with the Civil War. The law directs the Secretary of 
the Interior, acting through the American Battlefield 
Protection Program, to encourage, support, and assist in 
identifying, researching, evaluating, interpreting, and 
protecting historic Civil War battlefields and associated sites 
on a national, state, and local level.
    The American Battlefield Protection Act of 1996 primarily 
addressed the preservation and protection of Civil War 
battlefields through conservation easements, or through the 
purchase of land from willing sellers. It placed an emphasis on 
creating partnerships among State and local governments, 
regional entities, and the private sector to preserve, 
conserve, and enhance these nationally significant 
battlefields. The authorization of appropriations for this Act 
expired in 2008, but was reauthorized through 2013 as part of 
the Omnibus Public Land Management Act of 2009.
    In September 2007, the National Park Service completed a 
``Report to Congress on the Historic Preservation of 
Revolutionary War and War of 1812 Sites in the United States.'' 
The report examined 243 battlefields and 434 historic 
properties in 31 States, the District of Columbia, and the 
Virgin Islands. Like a similar Civil War report, it inventoried 
and identified nationally significant conflict sites and noted 
areas that could be impacted by development.
    H.R. 2489 amends section 7301 of the Omnibus Public Land 
Management Act of 2009, which reauthorized the American 
Battlefield Protection Act, to authorize a similar funding 
program for Revolutionary War and War of 1812 battlefields, to 
assist in purchasing these sites through the American 
Battlefield Protection Program.
    During Full Committee consideration of the bill, the 
Committee adopted an amendment offered by Congressman Rob 
Bishop (R-UT) to reduce the authorization to five years and 
limit the total annual authorization of appropriations to its 
current authorized level of $10 million a year which would be 
divided between Civil War and Revolutionary War sites. The 
fiscal year 2012 appropriation for the program was $9 million. 
The amendment also included a provision to prohibit funds from 
being used or distributed to organizations which participate in 
lobbying.

                            Committee Action

    H.R. 2489 was introduced on July 11, 2011, by Congressman 
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. On January 24, 
2012, the Subcommittee held a hearing on the bill. On April 25, 
2012, the Full Natural Resources Committee met to consider the 
bill. The Subcommittee on National Parks, Forests and Public 
Lands was discharged by unanimous consent. Congressman Rob 
Bishop (R-UT) offered amendment designated #1 to the bill; the 
amendment was approved 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.

                    Compliance With House Rule XIII

    1. Cost of Legislation. Clause 3(d)(1) 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)(2)(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. 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. 2489--American Battlefield Protection Program Amendments Act of 
        2011

    Summary: H.R. 2489 would expand the American Battlefield 
Protection Program to include battlefields from the 
Revolutionary War and the War of 1812 and would authorize the 
appropriation of $10 million a year over the 2014-2017 period 
for this program. In 2012, $9 million was appropriated for this 
purpose, and $10 million is authorized to be appropriated for 
2013 under current law for the program. The amounts authorized 
for each year 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 program but is not contained within the 
boundaries of a unit of the National Park System.
    Assuming appropriation of the newly authorized amounts, CBO 
estimates that implementing H.R. 2489 would cost $36 million 
over the 2013-2017 period and about $4 million after 2017. 
Enacting H.R. 2489 would not affect revenues or direct 
spending; therefore, pay-as-you-go procedures do not apply.
    H.R. 2489 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. 2489 is shown in the following table. 
The costs of this legislation fall within budget function 300 
(natural resources and environment).

----------------------------------------------------------------------------------------------------------------
                                                                 By fiscal year, in millions of dollars--
                                                         -------------------------------------------------------
                                                            2013     2014     2015     2016     2017   2013-2017
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Authorization Level.....................................        0       10       10       10       10        40
Estimated Outlays.......................................        0        6       10       10       10        36
----------------------------------------------------------------------------------------------------------------

    Basis of Estimate: For this estimate, CBO assumes that H.R. 
2489 will be enacted during fiscal year 2012 and that the 
amounts authorized by the bill will be appropriated in each 
year. Estimated outlays are based on historical spending 
patterns of similar NPS grant programs.
    Pay-As-You-Go Considerations: None.
    Intergovernmental and private-sector impact: H.R. 2489 
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 modify an existing grant for 
the preservation of battlefield sites and would benefit state 
and local governments. Any costs to those governments would be 
incurred voluntarily as a condition of federal assistance.
    Previous CBO estimate: On December 20, 2011, CBO 
transmitted a cost estimate for S. 779, the American 
Battlefield Protection Program Amendments Act of 2011, as 
ordered reported by the Senate Committee on Energy and Natural 
Resources on November 10, 2011. H.R. 2489 would authorize 
different amounts for the program and over a shorter period 
than S. 779. The CBO cost estimates for those pieces of 
legislation reflect those differences.
    Estimate prepared by: Federal costs: Martin von Gnechten; 
Impact on state, local, and tribal governments: Melissa 
Merrell; Impact on the private sector: Amy Petz.
    Estimate approved by: Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.
    2. Section 308(a) of 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. CBO estimates that 
implementing H.R. 2489 would cost $36 million over the 2013-
2017 period and about $4 million after 2017. Enacting H.R. 2489 
would not affect revenues or direct spending; therefore, pay-
as-you-go procedures do not apply.
    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, as ordered reported, is to authorize 
the acquisition and protection of nationally significant 
battlefields and associated sites of the Revolutionary War and 
the War of 1812 under the American Battlefield Protection 
Program.

                           Earmark Statement

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                    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):

     SECTION 7301 OF THE OMNIBUS PUBLIC LAND MANAGEMENT ACT OF 2009


SEC. 7301. AMERICAN BATTLEFIELD PROTECTION PROGRAM.

  (a)  * * *

           *       *       *       *       *       *       *

  (c) 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.]
                  (A) Battlefield report.--The term 
                ``battlefield report'' means, collectively--
                          (i) the report entitled ``Report on 
                        the Nation's Civil War Battlefields'', 
                        prepared by the Civil War Sites 
                        Advisory Commission, and dated July 
                        1993; and
                          (ii) the report 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.

           *       *       *       *       *       *       *

                  (C) Eligible site.--The term ``eligible 
                site'' means a site--
                          (i)  * * *
                          (ii) that is identified in the 
                        [Battlefield Report] battlefield 
                        report.

           *       *       *       *       *       *       *

          (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 eligible 
        sites or interests in eligible sites for the 
        preservation and protection of those eligible sites.
          (3) Nonprofit partners.--An eligible entity may 
        acquire an eligible site or 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 eligible site or an interest 
        in an eligible site under this subsection shall be not 
        less than 50 percent.
          (5) Limitation on land use.--[An] An eligible site or 
        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) Willing sellers.--Acquisition of land or 
        interests in land under this subsection shall be from 
        willing sellers only.
          (7) Report.--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, including a description of--
                  (A) preservation activities carried out at 
                the battlefields and associated sites 
                identified in the battlefield report during the 
                period between publication of the battlefield 
                report and the report required under this 
                paragraph;
                  (B) changes in the condition of the 
                battlefields and associated sites during that 
                period; and
                  (C) any other relevant developments relating 
                to the battlefields and associated sites during 
                that period.
          (8) Prohibition on lobbying.--
                  (A) In general.--None of the funds provided 
                pursuant to this section may be used for 
                purposes of lobbying any person or entity 
                regarding the implementation of this section or 
                be granted, awarded, contracted, or otherwise 
                be made available to any person, organization, 
                or entity that participates in such lobbying.
                  (B) Lobbying defined.--For purposes of this 
                paragraph, the term ``lobbying'' means to 
                directly or indirectly pay for any personal 
                service, advertisement, telegram, telephone 
                call, letter, printed or written matter, or 
                other device intended or designed to influence 
                in any manner a Member of Congress, a 
                jurisdiction, or an official of any government 
                to favor, adopt, or oppose by vote or 
                otherwise, any legislation, law, ratification, 
                policy, land use plan (including zoning), or 
                appropriation of funds before or after the 
                introduction of any bill, resolution, or other 
                measure proposing such legislation, law, 
                ratification, policy, or appropriation.
          [(6)] (9) Authorization of appropriations.--There is 
        authorized to be appropriated to the Secretary to 
        provide grants under this subsection $10,000,000 for 
        each of fiscal years 2009 through [2013] 2017.