[House Report 115-1040]
[From the U.S. Government Publishing Office]
115th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 115-1040
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PRESERVING AMERICA'S BATTLEFIELDS ACT
_______
November 20, 2018.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Bishop of Utah, from the Committee on Natural Resources, submitted
the following
R E P O R T
[To accompany H.R. 6108]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 6108) to provide for partnerships among State
and local governments, regional entities, and the private
sector to preserve, conserve, and enhance the visitor
experience at nationally significant battlefields of the
American Revolution, War of 1812, and Civil War, and for other
purposes, 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. 6108 is to provide for partnerships
among State and local governments, regional entities, and the
private sector to preserve, conserve, and enhance the visitor
experience at nationally significant battlefields of the
American Revolution, War of 1812, and Civil War.
Background and Need for Legislation
The American Battlefield Protection Program was created by
the Secretary of the Interior in 1991 to promote the
preservation of significant historic American battlefields, and
was officially authorized by Congress in 1996.\1\ The program
focuses on land use, cultural resources and site management
planning, and public education by providing professional
consultation to individuals, groups, and governments interested
in preserving historic battlefields.\2\ In addition to
professional assistance, the program awards grants to non-
profits, local governments, and States looking to purchase
battlefield land. These grants encourage private sector and
State investment in battlefield preservation.
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\1\National Park Service. ``About Us.'' American Battlefield
Protection Program. https://www.nps.gov/abpp/aboutus.htm.
\2\Ibid.
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As part of the larger program, the Battlefield Land
Acquisition Grant Program helps States and communities acquire
and protect historic battlefields. Although originally only
available to protect Civil War sites, in 2014 it was expanded
to include battlefields from the American Revolution and War of
1812.\3\ Since 1998, grant funds have been used to purchase and
preserve over 30,000 acres of battlefield, including lands at
75 Civil War battlefields in 16 different States.\4\\5\ Among
the battlefields that grant funds have been used to preserve
are Antietam, Gettysburg, and Shiloh.\6\
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\3\National Park Service. ``Battlefield Land Acquisition Grant
Program.'' https://www.nps.gov/subjects/battlefields/battlefield-land-
acquisition-grant-program.htm.
\4\Letter from the American Battlefield Trust to Chairman Rob
Bishop dated July 11, 2018.
\5\National Park Service. ``About Us.'' American Battlefield
Protection Program. https://www.nps.gov/abpp/aboutus.htm.
\6\American Battlefield Trust. ``A Legacy of Success'' Support the
Preserving America's Battlefields Act. https://www.battlefields.org/
preserve/speak-out/support-preserving-americas-battlefields-act.
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Grants are awarded through a competitive process and
require a dollar-for-dollar non-federal match. Funds for grants
are derived from the Land and Water Conservation Fund.\7\\8\
Currently, funding for the acquisition grant program is capped
at $10 million each fiscal year (FY), with appropriations
authorized through FY 2021.
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\7\National Park Service. ``Battlefield Land Acquisition Grants.''
American Battlefield Protection Program. https://www.nps.gov/abpp/
grants/cwblaggrants.htm.
\8\Public Law 88-587 https://www.gpo.gov/fdsys/pkg/STATUTE-78/pdf/
STATUTE-78-Pg897.pdf.
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H.R. 6108 would reauthorize the grant program through FY
2028 and increase the authorization of appropriations to $20
million each fiscal year.
Committee Action
H.R. 6108 was introduced on June 14, 2018, by Congressman
Jody B. Hice (R-GA). The bill was referred to the Committee on
Natural Resources and within the Committee, to the Subcommittee
on Federal Lands. The Subcommittee held a hearing on the bill
on September 6, 2018. On September 26, 2018, the Natural
Resources Committee met to consider the bill. The Subcommittee
was discharged by unanimous consent. No amendments were
offered, and the bill 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 Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
Compliance With House Rule XIII and Congressional Budget Act
1. Cost of Legislation and the Congressional Budget Act.
With respect to the requirements of clause 3(c)(2) and (3) of
rule XIII of the Rules of the House of Representatives and
sections 308(a) and 402 of the Congressional Budget Act of
1974, the Committee has received the following estimate for the
bill from the Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, November 16, 2018.
Hon. Rob Bishop,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 6108, the
Preserving America's Battlefields Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Janani
Shankaran.
Sincerely,
Keith Hall,
Director.
Enclosure.
H.R. 6108--Preserving America's Battlefields Act
Summary: H.R. 6108 would authorize the appropriation of $20
million annually through 2028 for the American Battlefield
Protection Program, which is managed by the National Park
Service (NPS). CBO estimates that implementing H.R. 6108 would
cost $70 million over the 2019-2023 period, assuming
appropriation of the authorized amounts.
Enacting the bill would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply. CBO
estimates that enacting H.R. 6108 would not increase net direct
spending or on-budget deficits in any of the four consecutive
10-year periods beginning in 2029.
H.R. 6108 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
Estimated Cost to the Federal Government: The estimated
budgetary effect of H.R. 6108 is shown in the following table.
The costs of the legislation fall within budget function 300
(natural resources and environment).
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By fiscal year, in millions of dollars--
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2019 2020 2021 2022 2023 2019-2023
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INCREASES IN SPENDING SUBJECT TO APPROPRIATION
Authorization Levela............................... 10 10 10 20 20 70
Estimated Outlays.................................. 10 10 10 20 20 70
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aH.R. 6108 would authorize the appropriation of $20 million annually through 2028. Current law authorizes the
appropriation of $10 million annually through 2021. As a result, CBO estimates that H.R. 6108 would increase
the authorized appropriation by $10 million each year over the 2019-2021 period.
Basis of estimate: For this estimate, CBO assumes the bill
will be enacted near the start of 2019 and that the authorized
amounts will be appropriated in each year.
H.R. 6108 would authorize the appropriation of $20 million
annually through 2028 for land acquisition grants under the
American Battlefield Protection Program. Under that program,
the NPS provides grants to states to acquire battlefield lands
from the Revolutionary War, the War of 1812, and the Civil War.
In 2018, the NPS received an appropriation of $10 million for
those purposes.
Current law authorizes the appropriation of $10 million
annually through 2021 for the program; therefore, H.R. 6108
would increase that authorization by $10 million through 2021;
from 2022 through 2028, the bill would authorize the
appropriation of $20 million each year. Based on historical
spending patterns for similar activities, CBO estimates that
implementing H.R. 6108 would cost $70 million over the 2019-
2023 period and $100 million after 2023.
Pay-As-You-Go considerations: None.
Increase in long-term direct spending and deficits: CBO
estimates that enacting H.R. 6108 would not increase net direct
spending or on-budget deficits in any of the four consecutive
10-year periods beginning in 2029.
Mandates: H.R. 6108 contains no intergovernmental or
private-sector mandates as defined in UMRA.
Estimate prepared by: Federal Costs: Janani Shankaran;
Mandates: Zachary Byrum.
Estimate reviewed by: Kim P. Cawley, Chief, Natural and
Physical Resources Cost Estimates Unit; H. Samuel Papenfuss,
Deputy Assistant Director for Budget Analysis.
2. 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 provide for partnerships among
State and local governments, regional entities, and the private
sector to preserve, conserve, and enhance the visitor
experience at nationally significant battlefields of the
American Revolution, War of 1812, and Civil War.
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. This bill does not contain any
directed rule makings.
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, and existing law in which no
change is proposed is shown in roman):
CIVIL WAR BATTLEFIELD PRESERVATION ACT OF 2002
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[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. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) Battlefields of the American Revolution, War of
1812 and the Civil War--
(A) provide a means for the people of the
United States to understand our Nation's
turbulent first century;
(B) serve as living memorials to those who
fought and sacrificed in these conflicts to
establish and maintain our freedom and liberty;
(C) serve as training grounds for our
Nation's Armed Forces; and
(D) serve as heritage tourism destinations,
generating revenue for local economies.
(2) According to the Report on the Nation's Civil War
Battlefields, prepared by the National Park Service and
updated in 2010, of the 383 Civil War battlefields
identified as national preservation priorities--
(A) only at 31 battlefields is more than half
of the surviving landscape permanently
protected;
(B) at 227 battlefields, less than half of
the surviving landscape is permanently
protected;
(C) 65 battlefields have no protection at
all; and
(D) 113 battlefields have been severely
hampered by development since the Civil War or
are on the verge of being overwhelmed.
(3) According to the 2007 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, of the 243 principal
Revolutionary War and War of 1812 battlefields
identified as national preservation priorities--
(A) almost 70 percent lie within urban areas
as denoted in the 2000 U.S. Census;
(B) 141 are lost or extremely fragmented,
with residential and commercial development
being the chief threats;
(C) 100 other battlefields retain significant
features and lands from the period of battle,
although on average these battlefields retain
only 37 percent of the original historic scene;
(D) of these 100 surviving but diminished
battle landscapes, 82 are partially owned and
protected by public and nonprofit stewards,
although the extent of that protection varies
from site to site;
(E) 18 are without any legal protection;
(F) the condition of two battlefields is
unknown, with additional research and survey
being required to determine their exact
location and condition; and
(G) the paucity of existing battlefield
landscapes necessitates preservation and
maintenance of what precious little remains
today.
(b) Purposes.--The purposes of this Act are--
(1) to act quickly and proactively to preserve and
protect nationally significant battlefields of the
American Revolution, War of 1812, and Civil War 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 the visitor
experience at nationally significant battlefields of
the American Revolution, War of 1812, and Civil War.
* * * * * * *
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TITLE 54, UNITED STATES CODE
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SUBTITLE III--NATIONAL PRESERVATION PROGRAMS
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CHAPTER 3081--AMERICAN BATTLEFIELD PROTECTION PROGRAM
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Sec. 308103. Battlefield acquisition grant program
(a) Definition.--In this section, the term ``eligible site''
means a site--
(1) that is not within the exterior boundaries of a
System unit; and
(2) that is identified in the document entitled
``Report on the Nation's Civil War Battlefields'',
prepared by the Civil War Sites Advisory Commission,
and dated July 1993.
(b) Establishment.--The Secretary shall establish a
battlefield acquisition grant program under which the Secretary
may provide grants to State and local governments to pay the
Federal share of the cost of acquiring interests in eligible
sites for the preservation and protection of those eligible
sites.
(c) Nonprofit Partners.--A State or local government may
acquire an interest in an eligible site using a grant under
this section in partnership with a nonprofit organization.
(d) Non-Federal Share.--The non-Federal share of the total
cost of acquiring an interest in an eligible site under this
section shall be not less than 50 percent.
(e) Limitation on Land Use.--An interest in an eligible site
acquired under this section shall be subject to section
200305(f)(3) of this title.
[(f) Authorization of Appropriations.--There is authorized to
be appropriated to the Secretary to provide grants under this
section $10,000,000 for each of fiscal years 2012 and 2013.]
(f) Authorization of Appropriations.--There is authorized to
be appropriated to the Secretary to provide grants under this
section $20,000,000 for each fiscal year through 2028, of which
not more than 10 percent may be used each fiscal year as
follows:
(1) Not more than $1,000,000 for projects and
programs that modernize battlefield interpretive and
educational assets through the deployment of
technology, disbursed through the competitive grant
process to non-profit organizations.
(2) Not more than $1,000,000 for grants to
organizations described in section 501(c)(3) of the
Internal Revenue Code of 1986 and exempt from taxation
under section 501(a) of such Code to be used for
projects that restore day-of-battle conditions on land
preserved through Battlefield Land Acquisition Grant
Program funds.
* * * * * * *