39–010 

Calendar No. 398 

113TH CONGRESS REPORT " ! SENATE 2d Session 113–172 

AMERICAN BATTLEFIELD PROTECTION PROGRAM 

AMENDMENTS ACT 

MAY 22, 2014.—Ordered to be printed 

Ms. LANDRIEU, from the Committee on Energy and Natural 

Resources, submitted the following 

R E P O R T 

[To accompany H.R. 1033] 

The Committee on Energy and Natural Resources, to which was 

referred the Act (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, reports favorably thereon with an amendment and recommends that 

the Act, as amended, do pass. 

The amendment is as follows: 

Beginning on page 4, strike line 7 and all that follows through page 5, line 3, and 

insert the following: 

‘‘(8) PROHIBITION ON LOBBYING.—None of the funds provided pursuant to this 

section shall be used in any way, directly or indirectly, to influence congressional action on any legislation or appropriation matters pending before Congress.’’. 

PURPOSE

The purpose of H.R. 1033 is to expand the American Battlefield 

Protection Program to include Revolutionary War and War of 1812 

battlefield sites. 

BACKGROUND AND NEED

The American Battlefield Protection Act of 1996 (16 U.S.C. 469k, 

repealed on September 30, 2008 by U.S.C. 469k(e)(1)) was enacted 

to preserve and protect historically significant battlefields associated with the Civil War. The law directed the Secretary of the Interior, acting through the American Battlefield Protection Program, 

to encourage, support, and assist in identifying, researching, evaluVerDate Mar 15 2010 01:54 May 28, 2014 Jkt 039010 PO 00000 Frm 00001 Fmt 6659 Sfmt 6602 E:\HR\OC\SR172.XXX SR172

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ating, interpreting, and protecting historic Civil War battlefields 

and associated sites on a national, state, and local level. 

The American Battlefield Protection Act 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 nationally significant battlefields, 

and it authorized $3 million annually for such programs. The Act 

expired in 2008, but was reenacted and reauthorized through 2013 

by section 7301 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 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. 

H.R. 1033 amends section 7301(c) of the Omnibus Public Land 

Management Act of 2009 (Public Law 111–11), which authorizes 

the American Battlefield Protection Program, 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

H.R. 1033 was introduced by Representative Holt on March 7, 

2013. The House Committee on Natural Resources ordered H.R. 

1033 reported on March 20, 2013 (H. Rept. 113–29), and the House 

of Representatives passed H.R. 1033 by a roll call vote of 283–122 

on April 9, 2013. 

In the Senate, the Subcommittee on National Parks held a hearing on H.R. 1033 and its Senate companion measure, S. 916, on 

July 31, 2013 (S. Hrg. 113–93). At its business meeting on November 21, 2013, the Committee ordered H.R. 1033 favorably reported 

with an amendment. 

In the 112th Congress, the Committee considered a similar bill, 

S. 779, sponsored by Senator Schumer. 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. Rept. 112–116). 


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COMMITTEE RECOMMENDATION

The Senate Committee on Energy and Natural Resources, in 

open business session on November 21, 2013, by a voice vote of a 

quorum present, recommends that the Senate pass H.R. 1033, if 

amended as described herein. 

COMMITTEE AMENDMENT

During its consideration of H.R. 1033, the Committee adopted an 

amendment that clarified that none of the funds appropriated for 

this program could be for lobbying purposes. The amended language is similar to the lobbying prohibitions included in various appropriations bills that have been enacted in recent years, including 

Public Law 113–6, the Consolidated and Continuing Appropriations 

Act, 2013. 

SECTION-BY-SECTION ANALYSIS

Section 1 provides the short title, the ‘‘American Battlefield Protection Program Amendments Act of 2013.’’ 

Section 2 amends section 7301(c) 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. Section 7301 authorizes the American 

Battlefield Protection Program. 

Paragraph (1) amends 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 three new paragraphs to section 7301(c). New 

paragraph (6) specifies that grants administered under this program for the acquisition of land, or interests in land, under the Act 

must be only from willing sellers. 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. New paragraph (8) prohibits the use of funds provided under this program for lobbying. 

Paragraph (8) amends paragraph (9), as redesignated by this Act, 

to extend the expiration date of the authorization from 2013 to 

2018. 

COST AND BUDGETARY CONSIDERATIONS

The following estimate of costs of this measure has been provided 

by the Congressional Budget Office: 


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H.R. 1033—American Battlefield Protection Program Amendments 

Act of 2013 

Summary: H.R. 1033 would expand the American Battlefield Protection Program (ABPP) 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. Assuming appropriation of the newly authorized 

amounts, CBO estimates that implementing H.R. 1033 would cost 

$42 million over the 2014–2019 period. 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 not affect the budgets of 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 2019 2014– 

2019 

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 

Authorization Level ...................................................... 2 10 10 10 10 0 42 

Estimated Outlays ....................................................... 2 8 10 10 10 2 42 

Basis of estimate: For this estimate, CBO assumes that H.R. 

1033 will be enacted early in 2014 and that the amounts authorized by the act will be appropriated in each year. Estimated outlays 

are based on historical spending patterns for the ABPP. 

Funding for the ABPP has been appropriated in fiscal year 2014 

through January 15, 2014, at an annualized level of about $8 million. H.R. 1033 would authorize the appropriation of $10 million 

annually for the ABPP. 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. CBO estimates that implementing the act would cost 

about $42 million over the 2014–2019 period. 

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 not affect the budgets of state, local, or tribal 

governments. The act would benefit state and local governments by 

allowing grants for the preservation of Civil War battlefield sites 

to also be used for Revolutionary War and War of 1812 battlefield 

sites. Any associated costs would be incurred voluntarily by those 

governments as a condition of federal assistance. 

Previous CBO estimate: On March 27, 2013, CBO transmitted a 

cost estimate for H.R. 1033, the American Battlefield Protection 

Program Amendments Act of 2013, as ordered reported by the 

House Committee on Natural Resources on March 20, 2013. The 

two versions of the legislation are similar. However, amounts have 


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now been appropriated for the ABPP for fiscal year 2014 and thus 

the estimated cost of the legislation for 2014 is now less than it 

was in March. In addition, CBO cost estimates now include projected costs for an additional year through 2019. 

Estimate prepared by: Federal Costs: Martin von Gnechten; Impact on State, Local, and Tribal Governments: Michael Kulas; 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 

H.R. 1033. 

The Act 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 H.R. 1033, as ordered reported. 

CONGRESSIONALLY DIRECTED SPENDING

H.R. 1033, as 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 November 21, 2013, Subcommittee on National Parks hearing on H.R. 

1033 follows: 

STATEMENT OF STEPHANIE TOOTHMAN, ASSOCIATE DIRECTOR, CULTURAL RESOURCES, PARTNERSHIPS, AND

SCIENCE, 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. 916 and 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. 

The Department supports S. 916 and H.R. 1033 with an 

amendment described later in this statement. 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 a total of $10 million in grants for the 

American Battlefield Protection Program for both Civil 

War battlefield sites and Revolutionary War and War of 


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1812 battlefield sites, for each of fiscal years 2014 through 

2018. 

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 recent study, S. 916 and H.R. 1033 

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 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 those taken by the 

Civil War advocates 20 years 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 of 1812. 

The NPS is currently finalizing its update to the 1993 

Civil War Sites report, which reviews the conditions of 383 

Civil War battlefields, and which we plan to transmit to 

Congress in 2013. As currently drafted, S. 916 and H.R. 

1033 require another update of the condition of these same 

Civil War battlefields in five years, in addition to an update of the 677 sites of the Revolutionary War and the 

War of 1812 identified in the Report to Congress on the 

Historic Preservation of Revolutionary War and the War of 

1812 Sites in the United States. The NPS feels that updatVerDate Mar 15 2010 01:54 May 28, 2014 Jkt 039010 PO 00000 Frm 00006 Fmt 6659 Sfmt 6969 E:\HR\OC\SR172.XXX SR172

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ing information for all of these sites, most of which are not 

within the National Park System itself, will not be feasible 

in five years. Therefore, the NPS suggests one change in 

the reporting language of the bill so that the reporting requirement for the Civil War update is not later than 10 

years after the date of enactment. 

The Department recommends an amendment to S. 916 

and H.R. 1033 to include language for combined funding of 

$20 million for both the Civil War and the Revolutionary 

War and War of 1812 acquisition grant programs in each 

of fiscal years 2014 through 2018. Under current law, $10 

million is authorized for the Civil War battlefields alone. 

With the addition of the Revolutionary War and War of 

1812 battlefields to the program, we believe that a $20 

million annual authorization would be appropriate. We 

would be happy to provide language for this amendment. 

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 bill H.R. 

1033, 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 

* * * * * * * 

TITLE VII—NATIONAL PARK SERVICE AUTHORIZATIONS 

* * * * * * * 

SUBTITLE D—PROGRAM AUTHORIZATIONS

SEC. 7301. AMERICAN BATTLEFIELD PROTECTION PROGRAM. 

* * * * * * * 

(c) BATTLEFIELD ACQUISITION GRANT PROGRAM.— 

(1) DEFINITIONS.—In this subsection: 

ø(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 


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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— 

* * * * * * * 

(ii) that is identified in the øBattlefield 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.—øAn¿ 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. 4601–8(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.—None of the funds provided 

pursuant to this section shall be used in any way, directly or 

indirectly, to influence congressional action on any legislation 

or appropriation matters pending before Congress. 

ø(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 ø2013¿ 2018. 

* * * * * * * 

Æ 


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