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113th Congress  }                                             {  Report
  1st Session   }         HOUSE OF REPRESENTATIVES            {  113-29

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

 
     AMERICAN BATTLEFIELD PROTECTION PROGRAM AMENDMENTS ACT OF 2013 

                                _______
                                

 April 9, 2013.--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. 1033]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 1033) 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 without amendment 
and recommend that the bill do pass.

                          Purpose of the Bill

    The purpose of H.R. 1033 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. 1033 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.
    The legislation includes language adopted in the 112th 
Congress to limit the authorization of appropriations to five 
years and limit the total annual appropriations to its current 
authorized level of $10 million a year that would be divided 
between Civil War and Revolutionary War sites. The fiscal year 
2012 appropriation for the program was $9 million. The bill 
also includes a provision to prohibit funds from being used or 
distributed to organizations which participate in lobbying.

                            Committee Action

    H.R. 1033 was introduced on March 7, 2013, by Congressman 
Rush Holt (D-NJ). The bill was referred to the Committee on 
Natural Resources, and within the Committee to the Subcommittee 
on Public Lands and Environmental Regulation. On March 20, 
2013, the Full Natural Resources Committee met to consider the 
bill. The Subcommittee on Public Lands and Environmental 
Regulation was discharged by unanimous consent. No amendments 
were offered to the bill, and the bill was adopted and 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. 1033--American Battlefield Protection Program Amendments Act of 
        2013

    Summary: H.R. 1033 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 2014-2018 period 
for this program. For 2013, about $9 million was appropriated 
for this 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 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. 1033 would cost $46 million 
over the 2014-2018 period and about $4 million after 2018. 
Enacting H.R. 1033 would not affect revenues or direct 
spending; therefore, pay-as-you-go procedures do not apply.
    H.R. 1033 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. 1033 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--
                                                         -------------------------------------------------------
                                                            2014     2015     2016     2017     2018   2014-2018
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Authorization Level.....................................       10       10       10       10       10        50
Estimated Outlays.......................................        6       10       10       10       10        46
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes that H.R. 
1033 will be enacted during fiscal year 2013 and that the 
amounts authorized by the bill will be appropriated in each 
year. Estimated outlays are based on historical spending 
patterns.
    Pay-As-You-Go considerations: None.
    Intergovernmental and private-sector impact: H.R. 1033 
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.
    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 credit 
authority, or an increase or decrease in revenues or tax 
expenditures. Assuming appropriation of newly authorized 
amounts, CBO estimates that implementing H.R. 1033 would cost 
$46 million over the 2014-2018 period and about $4 million 
after 2018.
    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 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.

                       Compliance With H. Res. 5

    Directed Rule Making. The Chairman does not believe that 
this bill directs any executive branch official to conduct any 
specific rule-making proceedings.
    Duplication of Existing Programs. This bill does not 
establish or reauthorize a program of the federal government 
known to be duplicative of another program. Such program was 
not included in any report from the Government Accountability 
Office to Congress pursuant to section 21 of Public Law 111-139 
or identified in the most recent Catalog of Federal Domestic 
Assistance published pursuant to the Federal Program 
Information Act (Public Law 95-220, as amended by Public Law 
98-169) as relating to other programs.

                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):

OMNIBUS PUBLIC LAND MANAGEMENT ACT OF 2009

           *       *       *       *       *       *       *


TITLE VII--NATIONAL PARK SERVICE AUTHORIZATIONS

           *       *       *       *       *       *       *


                   Subtitle D--Program Authorizations

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] 2018.

           *       *       *       *       *       *       *