§ 469k. — American Battlefield Protection Program.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC469k]
TITLE 16--CONSERVATION
CHAPTER 1A--HISTORIC SITES, BUILDINGS, OBJECTS, AND ANTIQUITIES
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 469k. American Battlefield Protection Program
(a) Short title
This section may be cited as the ``American Battlefield Protection
Act of 1996''.
(b) Purpose
The purpose of this section is to assist citizens, public and
private institutions, and governments at all levels in planning,
interpreting, and protecting sites where historic battles were fought on
American soil during the armed conflicts that shaped the growth and
development of the United States, in order that present and future
generations may learn and gain inspiration from the ground where
Americans made their ultimate sacrifice.
(c) Preservation assistance
(1) In general
Using the established national historic preservation program to
the extent practicable, the Secretary of the Interior, acting
through the American Battlefield Protection Program, shall
encourage, support, assist, recognize, and work in partnership with
citizens, Federal, State, local, and tribal governments, other
public entities, educational institutions, and private nonprofit
organizations in identifying, researching, evaluating, interpreting,
and protecting historic battlefields and associated sites on a
National, State, and local level.
(2) Financial assistance
To carry out paragraph (1), the Secretary may use a cooperative
agreement, grant, contract, or other generally adopted means of
providing financial assistance.
(3) Authorization of appropriations
There are authorized to be appropriated $3,000,000 annually to
carry out this subsection, to remain available until expended.
(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 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 460l-8(f)(3) of this title.
(6) Reports
(A) In general
Not later than 5 years after December 17, 2002, 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 December 17, 2002, 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 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.
(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.
(Pub. L. 104-333, div. I, title VI, Sec. 604, Nov. 12, 1996, 110 Stat.
4173; Pub. L. 107-359, Sec. 3, Dec. 17, 2002, 116 Stat. 3016.)
Amendments
2002--Subsec. (c)(3). Pub. L. 107-359, Sec. 3(1), (2), redesignated
subsec. (d) as par. (3) of subsec. (c), substituted ``subsection'' for
``section'', and made technical amendment to style of par. (3) heading
in original act.
Subsec. (d). Pub. L. 107-359, Sec. 3(3), added subsec. (d). Former
subsec. (d) redesignated as par. (3) of subsec. (c).
Subsec. (e)(1). Pub. L. 107-359, Sec. 3(4)(A), substituted ``on
September 30, 2008'' for ``as of the date that is 10 years after
November 12, 1996''.
Subsec. (e)(2). Pub. L. 107-359, Sec. 3(4)(B), inserted ``and
provide battlefield acquisition grants'' after ``studies''.
Short Title of 2002 Amendment
Pub. L. 107-359, Sec. 1, Dec. 17, 2002, 116 Stat. 3016, provided
that: ``This Act [amending this section and enacting provisions set out
as a note under this section] may be cited as the `Civil War Battlefield
Preservation Act of 2002'.''
Findings and Purposes
Pub. L. 107-359, Sec. 2, Dec. 17, 2002, 116 Stat. 3016, provided
that:
``(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 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 [see Short Title of 2002
Amendment note set out above] 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 battlefields.''
