H. R. 5125
One Hundred Seventh Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the twenty-third day of January, two thousand and two
An Act
To amend the American Battlefield Protection Act of 1996 to authorize the Secretary
of the Interior to establish a battlefield acquisition grant program.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Civil War Battlefield Preservation
Act of 2002’’.
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 Commis-
sion, 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 conserva-
tion easements and fee-simple purchases of those battlefields
from willing sellers; and
(2) to create partnerships among State and local govern-
ments, regional entities, and the private sector to preserve,
conserve, and enhance nationally significant Civil War battle-
fields.
SEC. 3. BATTLEFIELD ACQUISITION GRANT PROGRAM.
The American Battlefield Protection Act of 1996 (16 U.S.C.
469k) is amended—
(1) by redesignating subsection (d) as paragraph (3) of
subsection (c), and indenting appropriately;
(2) in paragraph (3) of subsection (c) (as redesignated by
paragraph (1))—
(A) by striking ‘‘APPROPRIATIONS’’ and inserting ‘‘APPRO-
PRIATIONS’’; and
(B) by striking ‘‘section’’ and inserting ‘‘subsection’’;
(3) by inserting after subsection (c) the following:
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‘‘(d) 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.
‘‘(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.
‘‘(D) SECRETARY.—The term ‘Secretary’ means the Sec-
retary of the Interior, acting through the American Battle-
field 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 interests in eligible sites for the
preservation and protection of those eligible sites.
‘‘(3) NONPROFIT PARTNERS.—An eligible entity may acquire
an interest in an eligible site using a grant under this sub-
section in partnership with a nonprofit organization.
‘‘(4) NON-FEDERAL SHARE.—The non-Federal share of the
total cost of acquiring an interest in an eligible site under
this subsection shall be not less than 50 percent.
‘‘(5) LIMITATION ON LAND USE.—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) REPORTS.—
‘‘(A) IN GENERAL.—Not later than 5 years after the
date of the enactment of this subparagraph, the Secretary
shall submit to Congress a report on the activities carried
out under this subsection.
‘‘(B) UPDATE OF BATTLEFIELD REPORT.—Not later than
2 years after the date of the enactment of this subsection,
the Secretary shall submit to Congress a report that
updates the Battlefield Report to reflect—
‘‘(i) preservation activities carried out at the 384
battlefields during the period between publication of
the Battlefield Report and the update;
‘‘(ii) changes in the condition of the battlefields
during that period; and
‘‘(iii) any other relevant developments relating to
the battlefields during that period.
‘‘(7) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(A) IN GENERAL.—There are authorized to be appro-
priated to the Secretary from the Land and Water Con-
servation Fund to provide grants under this subsection
$10,000,000 for each of fiscal years 2004 through 2008.
‘‘(B) UPDATE
OF
BATTLEFIELD
REPORT.—There are
authorized to be appropriated to the Secretary to carry
out paragraph (6)(B), $500,000.’’; and
(4) in subsection (e)—
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(A) in paragraph (1), by striking ‘‘as of’’ and all that
follows through the period and inserting ‘‘on September
30, 2008.’’; and
(B) in paragraph (2), by inserting ‘‘and provide battle-
field acquisition grants’’ after ‘‘studies’’.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.