[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 763 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 763

To amend the American Battlefield Protection Act of 1996 to establish a 
     battlefield acquisition grant program for the acquisition and 
protection of nationally significant battlefields and associated sites 
 of the Revolutionary War and the War of 1812, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 10, 2005

Mr. Holt (for himself, Mrs. Jo Ann Davis of Virginia, Mr. Hinchey, Mr. 
    McHugh, Mr. Markey, Mr. Sweeney, and Mr. Souder) introduced the 
    following bill; which was referred to the Committee on Resources

_______________________________________________________________________

                                 A BILL


 
To amend the American Battlefield Protection Act of 1996 to establish a 
     battlefield acquisition grant program for the acquisition and 
protection of nationally significant battlefields and associated sites 
 of the Revolutionary War and the War of 1812, 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.

    This Act may be cited as the ``Revolutionary War and War of 1812 
Battlefield Protection Act of 2005''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The battlefields of the American Revolutionary War and 
        the War of 1812 provide a unique means for the people of the 
        United States to relate to these epic struggles in the history 
        of the United States and to understand their importance in the 
        establishment and early development of the United States.
            (2) Urbanization, suburban sprawl, and unplanned commercial 
        and residential development are constantly encroaching on many 
        of the nationally significant battlefields of the American 
        Revolutionary War and the War of 1812, as well as on associated 
        sites, and this encroachment poses a severe and growing risk to 
        the preservation of such battlefields and related sites.
            (3) According to the Revolutionary War and War of 1812 
        Historical Preservation Study, prepared by the National Park 
        Service, and dated September 2003, of the 825 principal 
        nationally significant battlefields and associated sites of the 
        American Revolutionary War and the War of 1812--
                    (A) thirteen percent are lost;
                    (B) thirty percent are fragmented or in poor 
                condition; or
                    (C) twenty-seven percent may be destroyed or 
                impaired within the next ten years, and nine percent of 
                this percentage figure are in imminent danger of damage 
                occurring within the next three years.

SEC. 3. BATTLEFIELD ACQUISITION GRANT PROGRAM FOR BATTLEFIELDS OF THE 
              REVOLUTIONARY WAR AND WAR OF 1812.

    (a) Grant Program.--The American Battlefield Protection Act of 1996 
(section 604 of division I of Public Law 104-333; 16 U.S.C. 469k) is 
amended--
            (1) by redesignating subsection (e) as subsection (f); and
            (2) by inserting after subsection (d) the following new 
        subsection:
    ``(e) Battlefield Acquisition Grant Program for Battlefields of the 
Revolutionary War and War of 1812.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Battlefield report.--The term `battlefield 
                report' means the document entitled `Revolutionary War 
                and War of 1812 Historic Preservation Study', prepared 
                by the National Park Service, and dated September 2003.
                    ``(B) Eligible entity.--The term `eligible entity' 
                means a State or local government.
                    ``(C) Eligible site.--The term `eligible site' 
                means a site that--
                            ``(i) is not within the exterior boundaries 
                        of a unit of the National Park System; and
                            ``(ii) 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 for nationally 
        significant battlefields and associated sites of the 
        Revolutionary War and the War of 1812 under which the Secretary 
        may make grants to eligible entities to pay the Federal share 
        of the cost of acquiring fee-simple or lesser interests from 
        willing sellers 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) Limitations 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. 4601-8(f)(3)).
            ``(6) Reports.--
                    ``(A) In general.--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.
                    ``(B) Update on battlefield report.--Not later than 
                3 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 871 battlefields and associated sites 
                        identified in the battlefield report during the 
                        period between publication of the battlefield 
                        report and the update;
                            ``(ii) changes in the condition of the 
                        battlefields and associated sites during that 
                        period; and
                            ``(iii) any other relevant developments 
                        relating to the battlefields and associated 
                        sites during that period.
            ``(7) Authorizations 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 2006 
                through 2008.
                    ``(B) Update of battlefield report.--There are 
                authorized to be appropriated to the Secretary to carry 
                out paragraph (6)(B), $500,000.''.
    (b) Conforming Amendments.--
            (1) References to other battlefield acquisition program.--
        Subsection (d) of the American Battlefield Protection Act of 
        1996, as added by section 3 of Civil War Battlefield 
        Preservation Act of 2002 (Public Law 107-359; 116 Stat. 3016), 
        is amended--
                    (A) in the subsection heading, by striking 
                ``Battlefield Acquisition Grant Program'' and inserting 
                ``Battlefield Acquisition Grant Program for 
                Battlefields of the Civil War''; and
                    (B) in paragraph (2), by striking ``grant program'' 
                and inserting ``grant program for battlefields of the 
                Civil War''; and
            (2) Termination of authority.--Subsection (f) of the 
        American Battlefield Protection Act of 1996, as redesignated by 
        subsection (a)(1), is amended--
                    (A) in the subsection heading, by striking 
                ``Repeal'' and inserting ``Expiration''; and
                    (B) in paragraph (1), by striking ``is repealed'' 
                and inserting ``expires''.
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