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[Senate Report 110-300]
[From the U.S. Government Publishing Office]

                                                       Calendar No. 652
110th Congress                                                   Report
                                 SENATE
 2d Session                                                     110-300

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

 
             CIVIL WAR BATTLEFIELD PRESERVATION ACT OF 2008

                                _______
                                

                 April 10, 2008.--Ordered to be printed

                                _______
                                

   Mr. Bingaman, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 1921]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 1921) to amend the American Battlefield 
Protection Act of 1996 to extend the authorization for that 
Act, and for other purposes, having considered the same, 
reports favorably thereon with an amendment and recommends that 
the bill, as amended, do pass.
    The amendment is as follows:
  Strike out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Civil War Battlefield Preservation Act 
of 2008''.

SEC. 2. AUTHORIZATION EXTENDED.

  The American Battlefield Protection Act of 1996 (16 U.S.C. 469k) is 
amended--
          (1) in subsection (d)(7)(A), by striking ``fiscal years 2004 
        through 2008'' and inserting ``fiscal years 2009 through 
        2013''; and
          (2) by striking subsection (e).

                                Purpose

    The purpose of S. 1921 is to reauthorize the American 
Battlefield Protection Act for an additional five years, from 
2008 until 2013.

                          Background and Need

    The American Battlefield Protection Program was authorized 
in 1996 to provide funding for preservation of threatened Civil 
War battlefields. The program leverages Federal appropriations 
by requiring matching non-Federal funds. The battlefield 
protection grants are administered as part of the American 
Battlefield Protection Program within the National Park 
Service. The program is designed to provide assistance for 
protection of battlefields which are not part of the National 
Park System.
    Since 1999, over $33 million has been appropriated for the 
program, resulting in the protection of over 14,000 acres of 
endangered battlefields. As presently authorized, the program 
will expire in 2008. S. 1921 extends the authorization for an 
additional five years, through 2013.

                          Legislative History

    S. 1921 was introduced by Senator Webb and others on August 
1, 2007. The Subcommittee on National Parks held a hearing on 
the bill on November 8, 2007. (S. Hrg. 110-282.) At its 
business meeting on January 30, 2008, the Committee on Energy 
and Natural Resources ordered S. 1921 favorably reported with 
an amendment in the nature of a substitute.

                        Committee Recommendation

    The Committee on Energy and Natural Resources, in open 
business session on January 30, 2008, by a voice vote of a 
quorum present, recommends that the Senate pass S. 1921, if 
amended as described herein.

                          Committee Amendment

    During its consideration of S. 1921, the Committee adopted 
an amendment in the nature of a substitute. The amendment 
deleted the findings section in the bill as introduced and 
deleted a provision in the underlying law that would have 
repealed the program as of September 30, 2008.

                      Section-by-Section Analysis

    Section 1 contains the short title, the ``Civil War 
Battlefield Preservation Act of 2008.''
    Section 2 amends section 604 of Public Law 104-333, the 
American Battlefield Protection Act of 1996 (16 U.S.C. 469k), 
to extend the authorization for the American Battlefield 
Protection program through fiscal year 2013. The section also 
deletes section 604(e) of that Act, which would have repealed 
the program as of September 30, 2008.

                   Cost and Budgetary Considerations

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office:

S. 1921--Civil War Battlefield Preservation Act of 2007

    Summary: S. 1921 would reauthorize funding for battlefield 
preservation grants made under the Civil War Preservation Act 
of 2002. Assuming appropriation of the authorized amounts, CBO 
estimates that the National Park Service (NPS) would spend $42 
million over the 2009-2013 period to carry out this grant 
program. The legislation would not affect direct spending or 
revenues.
    S. 1921 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 impact of S. 1921 is shown in the following table. 
The cost of this legislation falls within budget function 300 
(natural resources and environment).

------------------------------------------------------------------------
                                      By fiscal year, in millions of
                                                 dollars--
                                 ---------------------------------------
                                   2009    2010    2011    2012    2013
------------------------------------------------------------------------
              CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Authorization Level\a\..........      10      10      10      10      10
Estimated Outlays...............       5       7      10      10     10
------------------------------------------------------------------------
\a\For fiscal year 2008, about $3 million was appropriated for
  battlefield preservation grants.

    Basis of estimate: For this estimate, CBO assumes that the 
entire amounts authorized by the bill will be appropriated for 
each fiscal year. Outlay estimates are based on recent spending 
patterns for this program.
    The bill would authorize appropriations through 2013 for 
battlefield preservation grants at the existing authorization 
level of $10 million per year. (That authorization will expire 
at the end of fiscal year 2008.) The NPS uses those grants 
primarily to support local preservation efforts at Civil War 
battlefields.
    Intergovernmental and private-sector impact: S. 1921 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would benefit state and local governments 
that receive grants through this program.
    Estimate prepared by: Federal Costs: Matthew Pickford; 
Impact on State, Local, and Tribal Governments: Burke Doherty; 
Impact on the Private Sector: MarDestinee C. Perez.
    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. 1921. 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. 1921, as ordered reported.

                   Congressionally Directed Spending

    S. 1921, 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 8, 2007 subcommittee hearing on S. 1921 follows:

Statement of Katherine H. Stevenson, Acting Assistant Director, Bussing 
      Services, National Park Service, Department of The Interior

    Mr. Chairman and members of the committee, thank you for 
the opportunity to appear before you today to present the views 
of the Department of the Interior on S. 1921, a bill to amend 
the American Battlefield Protection Act of 1996 and extend the 
authorization for that act, and other purposes.
    The Department supports enactment of this bill.
    S. 1921 would extend the authorization from fiscal years 
September 30, 2009 through September 30, 2013 for battlefield 
preservation grants under the Civil War Battlefield 
Preservation Act of 2002. The purpose of this act is to: (1) To 
protect battlefields and sites associated with armed conflicts 
that influenced the course of our history, (2) to encourage and 
assist all Americans in planning for the preservation, 
management, and interpretation of these sites, and (3) to raise 
the importance of preserving battlefields and related sites for 
future generations, through the upcoming sesquicentennial 
commemoration of the Civil War, 2011-2015.

                american battlefield protection program

    The National Park Service's American Battlefield Protection 
Program (ABPP) is a small, cost-effective program that promotes 
the preservation of battlefields and related sites of all wars 
on American soil through ``planning and partnerships.'' The 
ABPP promotes battlefield preservation strategies for 
protecting sites of armed conflict that cannot or should not be 
preserved by federal ownership, but must nonetheless be saved 
in order for future generations of Americans to understand the 
importance of these irreplaceable sites.
    In order to achieve these goals, the ABPP provides a range 
of financial and technical assistance to Federal, State, and 
local partners on issues of battlefield landscape 
identification, documentation, planning, interpretation, and 
economic development. The program encourages states, 
communities, non-profit organizations, and individual citizens 
to become the stewards of battlefields. By empowering local 
communities and private landowners to make the best decisions 
possible, the ABPP enables these communities and owners to 
develop local solutions for balanced preservation approaches.
    The ABPP provides yearly battlefield preservation project 
grants to assist communities and organizations striving to save 
our battlefields. The project grants have helped States, 
Tribes, and local communities identify and document historic 
battlefield resources, nominate historic battlefields to the 
National Register of Historic Places, plan for resource 
stewardship and conservation, interpret the battlefields for 
the visiting public, and develop heritage tourism programs that 
encourage battlefield preservation.
    Over the life of the program, ABPP has awarded 329 project 
grants totaling over $7.7 million to organizations in 37 
States, the District of Columbia, and the Republic of Palau.

                           acquisition grants

    In 2002, P.L. 107-359, the Civil War Battlefield Protection 
Act, amended the original ABPP authorization to establish the 
battlefield acquisition grant program. It directed the 
Secretary to submit to Congress a report on updates of the 
battlefield preservation activities, and authorized 
appropriations to the Secretary from the Land and Water 
Conservation Fund for each fiscal year 2004-2008. These grants 
help State and local governments acquire Civil War battlefield 
lands outside of the legislative boundaries of units of the 
National Park System. In order to be eligible to receive these 
grants, Congress established the following three requirements: 
(1) The battlefield must be among the 384 identified by the 
Civil War Sites Advisory Commission; (2) the land to be 
acquired must not be within the exterior boundaries of any unit 
of the National Park System; and (3) any land acquired with the 
assistance of the grant program may not be subsequently 
converted to a non-conservation use without the prior written 
permission of the Secretary of the Interior. In addition, the 
ABPP set two additional requirements: (1) Any grant awarded 
must be supported by an appraisal of the property's value in 
accordance with federal standards for property appraisals; and 
(2) any land acquired with the assistance of the grant program 
must be protected by a perpetual easement sufficient to protect 
the significant above-ground features of the battlefield 
landscape as well as the battlefield's archeological resources.
    The grant fund has been tremendously successful in allowing 
local preservation efforts to permanently preserve Civil War 
battlefield land with a minimum of federal assistance. Grants 
of $26.3 million from ABPP have leveraged a total of $52 
million in nonfederal funding. To date, the grant program has 
assisted in the permanent protection of 15,705 acres at 72 
Civil War battlefields.
    Mr. Chairman, this concludes my testimony. I would be happy 
to answer any questions you or other committee members may have 
regarding this bill.

                        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 S. 1921 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):

                           Public Law 104-333

              (Approved November 12, 1996; 110 Stat. 4093)

AN ACT To provide for the administration of certain Presidio properties 
    at minimal cost to the Federal taxpayer, and for other purposes

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

    This Act may be cited as the ``Omnibus Parks and Public 
Lands Management Act of 1996''.

           *       *       *       *       *       *       *

TITLE VI--CIVIL AND REVOLUTIONARY WAR SITES

           *       *       *       *       *       *       *

SEC. 604. AMERICAN BATTLEFIELD PROTECTION PROGRAM.

    (a) Short Title.--This section may be cited as the 
``American Battlefield Protection Act of 1996''.

           *       *       *       *       *       *       *

    (d) Battlefield Acquisition Grant Program.--

           *       *       *       *       *       *       *

          (7) Authorization of appropriations.--
                  (A) In general.--There are authorized to be 
                appropriated to the Secretary from the Land and 
                Water Conservation Fund to provide grants under 
                this subsection $10,000,000 for each of [fiscal 
                years 2004 through 2008] fiscal years 2009 
                through 2013.
                  (B) Update of battlefield report.--There are 
                authorized to be appropriated to the Secretary 
                to carry out paragraph (6)(B), $500,000.
    [(e) Repeal.--
          (1) In general.--This section is repealed on 
        September 30, 2008.
          (2) No effect on general authority.--The Secretary 
        may continue to conduct battlefield studies and provide 
        battlefield acquisition grants in accordance with other 
        authorities available to the Secretary.
          (3) Unobligated funds.--Any funds made available 
        under this section that remain unobligated shall be 
        credited to the general fund of the Treasury.]

                                  
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