Text: H.R.5125 — 107th Congress (2001-2002)All Information (Except Text)
Public Law No: 107-359 (12/17/2002)
[107th Congress Public Law 359]
[From the U.S. Government Printing Office]
CIVIL WAR BATTLEFIELD PRESERVATION ACT OF 2002
[[Page 116 STAT. 3016]]
Public Law 107-359
To amend the American Battlefield Protection Act of 1996 to authorize
the Secretary of the Interior to establish a battlefield acquisition
grant program. <<NOTE: Dec. 17, 2002 - [H.R. 5125]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Civil War Battlefield
Preservation Act of 2002. 16 USC 469k note.>> assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Civil War Battlefield Preservation
Act of 2002''.
SEC. 2. FINDINGS AND <<NOTE: 16 USC 469k note.>> 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
(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
SEC. 3. BATTLEFIELD ACQUISITION GRANT PROGRAM.
The American Battlefield Protection Act of 1996 (16 U.S.C. 469k) is
(1) by redesignating subsection (d) as paragraph (3) of
subsection (c), and indenting appropriately;
(2) in paragraph (3) of subsection (c) (as redesignated by
(A) by striking ``Appropriations'' and inserting
(B) by striking ``section'' and inserting
(3) by inserting after subsection (c) the following:
[[Page 116 STAT. 3017]]
``(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
``(i) that is not within the exterior
boundaries of a unit of the National Park System;
``(ii) that is identified in the Battlefield
``(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 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 subsection
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
``(6) <<NOTE: Deadlines.>> 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
``(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
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
``(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)--
[[Page 116 STAT. 3018]]
(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
battlefield acquisition grants'' after ``studies''.
Approved December 17, 2002.
LEGISLATIVE HISTORY--H.R. 5125:
HOUSE REPORTS: No. 107-710 (Comm. on Resources).
CONGRESSIONAL RECORD, Vol. 148 (2002):
Oct. 1, considered and passed House.
Nov. 20, considered and passed Senate.