[House Report 113-29]
[From the U.S. Government Publishing Office]
113th Congress } { Report
1st Session } HOUSE OF REPRESENTATIVES { 113-29
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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.
* * * * * * *