[Congressional Record Volume 148, Number 119 (Thursday, September 19, 2002)]
[Senate]
[Pages S8926-S8927]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. SARBANES (for himself, Mr. Jeffords, and Mr. Sessions):
  S. 2968. A bill to amend the American Battlefield Protection act of 
1996 to authorize the Secretary of the Interior to establish a 
battlefield acquisition grant program; to the Committee on Energy and 
Natural Resources.
  Mr. SARBANES. Madam President, today I am introducing legislation, 
together with my colleagues Senator Jeffords and Senator Sessions, 
which will help preserve significant sites associated with the Civil 
War. A similar companion bill has been introduced and has bipartisan 
support in the House of Representatives.
  According to the Report on the Nation's Civil War Battlefields, 
prepared by the Civil War Sites Advisory Commission, CWSAC, in July, 
1993, of the 384 principal Civil War battlefields, less than 20 percent 
have been protected for posterity and 60 percent have been lost or are 
in imminent danger of being fragmented by development and lost as 
coherent historic sites. To adequately address this problem, CWSAC 
recommended a federal investment of $10 million a year for seven years 
with a one-to-one Federal/non-Federal match.
  While Congress has yet to fund Civil War battlefield preservation at 
the levels recommended in the 1993 report, in recent years it has taken 
important steps to preserve our Civil War heritage. In Fiscal Years 
1999 and 2002, the Congress appropriated a total of $19 million in 
matching grants for battlefield protection. Thus far, these grants have 
preserved over 7,000 acres of key Civil War battlefields in 11 States.
  The legislation I am introducing today seeks to build upon these 
successes by directing the Secretary of the Interior to establish the 
Civil War Battlefield Acquisition Grant Program. The bill authorizes 
Civil War battlefield acquisition matching grants of $10 million per 
year for Fiscal Years 2004 through 2008. The legislation requires a 
non-Federal share of at least 50 percent, thus leveraging $20 million 
annually. State and local governments and non-profit organizations will 
be eligible to receive grants under the program. All lands acquired by 
these grants must be identified in the 1993 report and may only be 
purchased from landowners who voluntarily sell their interests.
  The legislation also directs the Secretary to update the Report on 
the Nation's Civil War Battlefields to reflect the activities carried 
out on the battlefields during the period between original publication 
of the report and the time of the update, including any changes or 
relevant developments relating to the battlefields during that period.
  In my view, this legislation represents an important opportunity to 
maintain and preserve tangible links to our past so that future 
generations may experience firsthand this most critical period in our 
nation's history.
  I ask unanimous consent that the text of the bill be printed in the 
Record. I urge my colleagues to join with me in supporting this 
important legislation.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2968

       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 that--
       (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; and
       (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--
       (i) have been lost; or
       (ii) are in imminent danger of being--

       (I) fragmented by development; and
       (II) 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 battlefields.

     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 
     ``appropriations''; and
       (B) by striking ``section'' and inserting ``subsection'';
       (3) by inserting after subsection (c) the following:
       ``(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

[[Page S8927]]

       ``(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 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 
     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 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 is 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 is authorized to 
     be appropriated to the Secretary to carry out paragraph 
     (6)(B) $500,000.''; and
       (4) in subsection (e)--
       (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 
     battlefields acquisition grants'' after ``studies''.
                                 ______