[Senate Report 112-116]
[From the U.S. Government Publishing Office]
Calendar No. 278
112th Congress Report
SENATE
2d Session 112-116
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AMERICAN BATTLEFIELD PROTECTION PROGRAM AMENDMENTS ACT
_______
January 13, 2012.--Ordered to be printed
Filed, under authority of the order of the Senate of December 17, 2011
_______
Mr. Bingaman, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 779]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 779) 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, reports favorably thereon without
amendment and recommends that the bill do pass.
Purpose
The purpose of S. 779 is to amend the American Battlefield
Protection Act to authorize funding for Revolutionary War and
War of 1812 battlefield sites.
Background and Need
The American Battlefield Protection Act of 1996 (16 U.S.C.
469k) 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 emphasis on
creating partnerships among State and local governments,
regional entities, and the private sector to preserve,
conserve, and enhance these nationally significant
battlefields, and it authorized $3 million annually for such
programs. The Act expired in 2008, but was reenacted and
reauthorized through 2013 as part of the Omnibus Public Land
Management Act of 2009 (Public Law 111-11, sec. 7301; 16 U.S.C.
469k-1).
The American Battlefield Protection Program was developed
following the 1993 ``Report on the Nation's Civil War
Battlefields'' by the congressionally established Civil War
Sites Advisory Commission, which inventoried and detailed the
condition of Civil War battlefields.
The American Battlefield Protection Program has helped to
preserve threatened Civil War battlefields combining over $26
million in Federal appropriations with over $55 million in non-
Federal matching funding. However, the program only authorized
the protection of Civil War battlefields and did not address
other threatened battlefield sites.
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 the Civil War report, it inventoried and
identified nationally significant conflict sites and noted
areas threatened by modern conditions and development.
S. 779 amends section 7301 of the Omnibus Public Land
Management Act of 2009, which reenacted the American
Battlefield Protection Act, to authorize a similar funding
program for Revolutionary War and War of 1812 battlefields, to
assist in the preservation of these sites through the American
Battlefield Protection Program.
Legislative History
S. 779 was introduced on April 8, 2011, by Senator Schumer.
Senator Coons is a cosponsor. The Subcommittee on National
Parks held a hearing on S. 779 on May 11, 2011 (S. Hrg. 112-
124). At its business meeting on November 10, 2011, the
Committee on Energy and Natural Resources ordered S. 779
favorably reported.
S. 779 is similar to S. 1168, which was introduced by
Senators Schumer and Lautenberg on June 3, 2009. Companion
legislation to S. 1168, H.R. 1694, was passed by the House of
Representatives by voice vote on April 21, 2009. The
Subcommittee on National Parks held a hearing on S. 1168 and
H.R. 1694 on July 15, 2009 (S. Hrg. 111-92). At its business
meeting on December 16, 2009, the Committee on Energy and
Natural Resources ordered H.R. 1694 favorably reported with
amendments. Other than inclusion of a short title in S. 779, S.
779 is identical to H.R. 1694 as reported in the 111th
Congress.
Committee Recommendation
The Committee on Energy and Natural Resources, in open
business session on November 10, 2011, by voice vote of a
quorum present, recommends that the Senate pass S. 779.
Senators Barrasso, Risch, Lee, Paul, Portman and Corker asked
to be recorded as opposing the measure.
Section-by-Section Analysis
Section 1 provides the short title, the ``American
Battlefield Protection Program Amendments Act of 2011.''
Section 2 amends section 7301(c) (relating to the American
Battlefield Protection Program) of Public Law 111-11, the
Omnibus Public Land Management Act of 2009, to authorize
funding for the preservation of nationally significant
Revolutionary War and War of 1812 battlefields.
Paragraph (1) amends paragraph 1(A) of section 7301(c) to
redefine the term ``battlefield report'' to include both the
National Park Service's 2007 ``Report to Congress on the
Historic Preservation of Revolutionary War and War of 1812
Sites in the United States,'' in addition to the Civil War
Sites Advisory Commission's 1993 ``Report on the Nation's Civil
War Battlefields.'' The effect of this revised definition is to
allow efforts to protect battlefields listed in both reports to
be eligible for funding under the American Battlefield
Protection Program.
Paragraphs (2) through (6) make a number of conforming
modifications to section 7301(c), to allow the funds under the
Act to be used for the acquisition of eligible sites or
interests in land.
Paragraph (7) adds two new paragraphs to section 7301(c).
New paragraph (6) specifies that grants administered under this
program for the acquisition of lands, or interests in lands,
under the Act must be from willing sellers only. New paragraph
(7) requires the Secretary of the Interior to submit a report
to Congress describing the preservation activities carried out,
changes in the condition of the battlefields and associated
sites, and any other relevant developments relating to the
battlefields and associated sites not later than 5 years after
the date of enactment.
Paragraph (8) adds a new paragraph (8) to section 7301(c),
which authorizes the appropriation of $10,000,000 for the
protection of Civil War battlefields and $10,000,000 for the
protection of Revolutionary War and War of 1812 battlefields
for each of fiscal years 2012 through 2022.
Cost and Budgetary Considerations
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
S. 779--American Battlefield Protection Program Amendments Act of 2011
Summary: S. 779 would authorize appropriations totaling
$220 million through fiscal year 2022 for the American
Battlefield Protection Program. Of that amount, $20 million is
already authorized under existing law. 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 authorized amounts, CBO
estimates that implementing S. 779 would cost $67 million over
the 2012-2016 period and about $133 million more after 2016.
Enacting S. 779 would not affect revenues or direct spending;
therefore, pay-as-you-go procedures do not apply.
S. 779 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 S. 779 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--
-------------------------------------------------------
2012 2013 2014 2015 2016 2012-2016
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Estimated Authorization Level........................... 10 10 20 20 20 80
Estimated Outlays....................................... 3 9 15 20 20 67
----------------------------------------------------------------------------------------------------------------
Basis of estimate: For this estimate, CBO assumes that S.
779 will be enacted during fiscal year 2012 and that the
amounts authorized by the bill ($10 million for Revolutionary
War and War of 1812 battlefields and $10 million for Civil War
battlefields) 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.
Estimated impact on State, local, and tribal governments:
S. 779 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.
Regulatory Impact Evaluation
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 779.
The bill is not a regulatory measure in the sense of
imposing Government-established standards or significant
economic responsibilities on private individuals and
businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of S. 779, as ordered reported.
Congressionally Directed Spending
S. 779, as ordered reported, does not contain any
congressionally directed spending items, limited tax benefits,
or limited tariff benefits as defined in rule XLIV of the
Standing Rules of the Senate.
Executive Communications
The testimony provided by the National Park Service at the
May 11, 2011, Subcommittee on National Parks hearing on S. 779
follows:
Statement of Steven E. Whitesell, Associate Director for Park Planning,
Facilities, and Lands, National Park Service, Department of the
Interior
Mr. Chairman, thank you for the opportunity to appear
before you today to present the views of the Department of the
Interior on S. 779, 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.
The Department supports S. 779. This legislation would
expand the American Battlefield Protection Program to include
both the War of 1812 and Revolutionary War battlefields in
addition to Civil War battlefields, which are covered under the
current program. It would authorize $10 million in grants for
Revolutionary War and War of 1812 battlefield sites, as well as
$10 million in grants for Civil War battlefield sites, for each
of fiscal years 2012 through 2022. The American Battlefield
Protection Program is currently authorized through fiscal 2013.
In March 2008, the National Park Service transmitted the
Report to Congress on the Historic Preservation of
Revolutionary War and the War of 1812 Sites in the United
States, which identified and determined the relative
significance of sites related to the Revolutionary War and the
War of 1812. The study assessed the short and long-term threats
to the sites. Following the success of the 1993 Civil War Sites
Advisory Commission Report on the Nation's Civil War
Battlefields, this study similarly provides alternatives for
the preservation and interpretation of the sites by Federal,
State, and local governments or other public or private
entities.
The direction from Congress for the study was the same as
for a Civil War sites study of the early 1990s. As authorized
by Congress for this study, the National Park Service looked at
sites and structures that are thematically tied with the
nationally significant events that occurred during the
Revolutionary War and the War of 1812. The result was a more
thorough survey that represents twice the field effort
undertaken for the Civil War study.
Building upon this study, S. 779 would create a matching
grant program for Revolutionary War and the War of 1812 sites
that closely mirrors a very successful matching grant program
for Civil War sites. The Civil War acquisition grant program
was first authorized by Congress in the Civil War Battlefield
Protection Act of 2002 (Public Law 107-359), and was
reauthorized through FY 2013 by the Omnibus Public Land
Management Act of 2009 (Public Law 111-11). That grant fund has
been tremendously successful in allowing local preservation
efforts to permanently preserve Civil War battlefield land with
a minimum of Federal assistance.
With the release of the Report to Congress on the Historic
Preservation of Revolutionary War and the War of 1812 Sites in
the United States, communities interested in preserving their
Revolutionary War and the War of 1812 sites can take the first
steps similar to what the Civil War advocates began doing
nearly two decades ago. If established, this new grant program
can complement the existing grant program for Civil War
battlefields and, in doing so, become a benefit to the American
people by providing for the preservation and protection of a
greater number of sites from the Revolutionary War and War
1812. All funds would be subject to NPS priorities and
availability of appropriations.
Mr. Chairman, this concludes my testimony. I would be
pleased to respond to any questions from you and members of the
committee.
Changes In Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the Act S. 779, as ordered 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
(Public Law 111-11; Approved March 30, 2009)
AN ACT To designate certain land as components of the National
Wilderness Preservation System, to authorize certain programs and
activities in the Department of the Interior and the Department of
Agriculture, and for other purposes
* * * * * * *
TITLE VII--NATIONAL PARK SERVICE AUTHORIZATIONS
* * * * * * *
Subtitle D--Program Authorizations
SEC. 7301. AMERICAN BATTLEFIELD PROTECTON PROGRAM.
* * * * * * *
(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.
(B) Eligible entity.--The term ``eligible
entity'' means a State or local government.
(C) Eligible site.--The term ``eligible
site'' means a site--
(i) that is not within the exterior
boundaries of a unit of the National
Park System; and
(ii) that is identified in the [
Battlefield Report ] 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 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 the
period described in subparagraph (A); and
(C) any other relevant developments relating
to the battlefields and associated sites during
the period described in subparagraph (A).
[ (6) 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.]
(8) Authorization of appropriations.--There are
authorized to be appropriated to the Secretary to
provide grants under this subsection for each of fiscal
years 2012 through 2022--
(A) $10,000,000 for the protection of Civil
War battlefields; and
(B) $10,000,000 for the protection of
Revolutionary War and War of 1812 battlefields.
* * * * * * *