[Federal Register Volume 67, Number 58 (Tuesday, March 26, 2002)]
[Notices]
[Pages 13803-13805]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-7251]


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DEPARTMENT OF THE INTERIOR

National Park Service


Funding Assistance for Non-Federal Acquisition of Civil War 
Battlefield Land

AGENCY: National Park Service, Interior.

ACTION: Availability of Funding for Acquisition of Civil War 
Battlefield Land.

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SUMMARY: The National Park Service (NPS) announces the availability of 
funds to assist States and local communities in acquiring for permanent 
protection lands, or interests in lands, at significant Civil War 
battlefield sites.

ADDRESSES: Funding proposals should be mailed to: Hampton Tucker, 
National Park Service, Heritage Preservation Services, 1849 C Street, 
NW., NC 200, Washington, DC, 20240, telephone (202) 343-3580.

FOR FURTHER INFORMATION CONTACT: Paul Hawke, National Park Service, 
Heritage Preservation Services, 1849 C Street, NW., NC 200, Washington, 
DC, 20240, telephone (202) 343-1005.

SUPPLEMENTARY INFORMATION: The National Park Service's American 
Battlefield Protection Program (ABPP) announces the availability of 
funds from the Land and Water Conservation Fund to help States and 
local communities acquire and preserve our nation's threatened Civil 
War Battlefields, as authorized by the FY 2002 Department of the 
Interior Appropriations Act (Pub. L. 107-63). The $11 million available 
for matching grants will be administered by the ABPP and awarded 
through a competitive process over three years (fiscal years 2002 
through 2004). Each grant requires a dollar-for-dollar non-Federal 
match. Grants are available for the fee simple acquisition of land, or 
for the acquisition of permanent, protective interests in land, at 
Civil War Battlefields listed in the Civil War Sites Advisory 
Commission's (CWSAC) 1993 Report on the Nation's Civil War 
Battlefields. Higher consideration will be given to proposals for 
acquisition at battlefields defined as Priority 1 or 2 sites in the 
CWSAC Report. The CWSAC Report and a listing of battlefields' priority 
status can be found on the ABPP's Web site at http://www2.cr.nps.gov/abpp/priority.htm.

Who May Apply

    Battlefield Land Acquisition Grants will be awarded to units of 
State and local governments. In any case where a private non-profit 
organization seeks to acquire battlefield land with assistance from 
this program, that organization must apply in partnership with a State 
or local government agency. The government agency may then subgrant the 
federal funds to the non-profit organization. In any case where a local 
government or a private non-profit organization acquires land or an 
interest in land with assistance from this program, it must convey an 
acceptable perpetual protective easement on the land to the State 
Historic Preservation Officer or other governmental agency acceptable 
to the National Park Service, in accordance with the Administrative 
Requirements set out below.

What Is Funded

    Grants must be used to acquire battlefield land or to acquire a 
permanent, protective interest (i.e., a perpetual easement) in 
battlefield land. Additional costs associated with the acquisition--
such as appraisal costs, survey fees, title insurance, and other 
closing costs--are also eligible grant costs. Eligible battlefields are 
those listed in the CWSAC's 1993 Report on the Nation's Civil War 
Battlefields. CWSAC Priority 1 & 2 sites will be given highest 
consideration. Eligible acquisitions should lie within the ``core'' 
areas of these battlefields, as defined by the CWSAC. Proposals for 
acquisition of battlefield land outside the ``core'' area but within 
the ``study'' area as defined by the CWSAC are eligible but will be 
considered a lower priority than ``core'' area land. Land lying 
entirely outside of the CWSAC ``study area'' is not eligible for 
assistance from this program. In any case where the land proposed for 
acquisition lies partially within the study area and partially outside 
the study area, the majority of the land must be within the study area. 
Contact the ABPP to confirm core and study area boundaries. There is no 
minimum grant request. Typically, $500,000 will be the maximum award, 
though NPS will entertain larger requests under special circumstances. 
Past acquisition grants have ranged from $50,000 to $500,000, with an 
average grant of $220,000.
    Ordinarily, grant funds will be awarded for acquisitions that take 
place following the award of the grant. However, a State or local 
government may apply on behalf of a non-profit organization that has 
borrowed money in order to acquire land immediately in order to prevent 
its imminent sale for development, provided that the land in question 
is not currently protected by public ownership of a permanent, 
protective interest in the land. Grant assistance for the retirement of 
such privately held debt must result in the public ownership of either 
the fee simple interest or a permanent, protective interest in the 
land, in accordance with the other terms of this offering. However, the 
fact of such prior purchase creates no additional priority for funding 
assistance from NPS.

Administrative and Funding Requirements

     A dollar-for-dollar non-Federal match is required for all 
projects; Federal appropriations or other Federal grants may not be 
used for match. Matching funds should be ``in-hand'' or otherwise 
committed at the time that the acquisition proposal is submitted to 
NPS. NPS will accept proposals from applicants who have not yet secured 
their matching share, but it reserves the right to provide such 
applicants with a conditional response pending the availability of 
matching funds within a specified period of time. If partners will not 
commit matching funds without the leverage provided by this acquisition 
grant, applicants may provide a letter from potential funding sources 
guaranteeing that receipt of a battlefield acquisition grant will 
release matching funds.

[[Page 13804]]

     Section 6.f. of the Land and Water Conservation Act 
requires that the land acquired with these funds shall not be converted 
to other uses without the express written consent of the Secretary of 
the Interior, but must be preserved in perpetuity. These provisions 
must be included in any conveyance documents of land or interests in 
lands acquired with grant funds. All Battlefield Acquisition grantees 
must agree that a permanent record will be kept in the relevant public 
property records and be available for public inspection to the effect 
that this property was acquired with Federal assistance, and that it 
will not be converted to other than preservation uses without the 
written approval of NPS. All grantees further agree, therefore, that 
the appropriate remedy in the event of a breach by the grantee of this 
agreement shall be the specific performance of this agreement, and that 
the amount of the grant cannot be repaid to negate the requirements of 
this agreement.
     Because the Section 6.f. ``non-conversion'' clause noted 
above is not necessarily sufficient to protect the historic features of 
the battlefield, NPS also requires that all Battlefield Acquisition 
grantees or subgrantees must encumber the title to the acquired 
battlefield property with a preservation easement running with the 
land, in favor of and enforceable in court by the State Historic 
Preservation Office, or by another government agency acceptable to NPS, 
in perpetuity. In cases where a State government agency will acquire 
and manage the property, the State must enter into a letter of 
agreement with NPS, stating that the State will preserve and maintain 
the property and its historic features for future generations. This 
letter will be recorded with the deed for the property and will run 
with the land in perpetuity.
     The fundamental purpose of the Land and Water Conservation 
Fund is to assist in the acquisition and/or development of public 
outdoor recreation areas. Accordingly, grantees must provide for the 
appropriate public access to and enjoyment of any lands or interests in 
lands acquired with assistance from this program, subject to necessary 
and reasonable measures on the part of the grantee to protect the 
historic features of the battlefield from damage or loss.
     Prior to the expenditure of grant funds for the purchase 
of real property, a current appraisal must be obtained. This appraisal 
must have an effective date within 180 calendar days of the signing of 
the contract to purchase the property. A professional appraiser 
licensed and certified in accordance with Title XI of the Financial 
Institutions Reform, Recovery and Enforcement Act of 1989 (FIRREA), as 
amended, in the State where the appraised property is located must 
perform the appraisal. A copy of the appraisal must be submitted to NPS 
for review to support the proposed acquisition cost. Appraisal 
preparation, documentation and reporting must be made in conformance 
with the standards and practices of the Uniform Appraisal Standards for 
Federal Land Acquisitions (UASFLA), as codified in 49 CFR 24.103, and 
the Uniform Standards of Professional Appraisal Practices (USPAP 
Standards 1 and 2) published by the Interagency Land Acquisition 
Conference. A copy of the appraisal standards can be obtained from the 
Department of Justice Web site at http://www.usdoj.gov/enrd/land-ack/fwd. Appraisals will be reviewed by NPS for conformance with the 
Federal appraisal requirements. The cost of the appraisal is an 
allowable cost for this grant.
     Grantees may not charge costs for administering the 
project to the grant or to the required matching share.

Proposal Package

    Each proposal should include the following elements (all must be 
present before the proposal will be accepted by the ABPP):

(1) CWSAC Priority Listing and Map

    The applicant must include the CWSAC priority listing and document 
that the proposed acquisition lies within the battlefield core and/or 
study area, as defined by the CWSAC. Applicants must submit a USGS 
quadrangle map with the boundaries of the proposed acquisition clearly 
drawn.

(2) Threat to the Battlefield

    The applicant must demonstrate that the battlefield is imminently 
threatened. The nature, the extent, and the level of severity of the 
threat to the battlefield must be clearly and convincingly stated. 
Further, the applicant must describe how and to what extent the 
proposed acquisition addresses the described threat.

(3) Ability to Secure Non-Federal Match

    An applicant that has secured matching funds must list all sources 
of those funds. The applicant must certify that the non-federal 
matching funds are either ``in-hand'' or otherwise committed in writing 
at the time of application. Third-party matching share commitments must 
be documented by letter from the third party. Matching share 
commitments contingent upon receipt of federal funds from this program 
are acceptable.
    An applicant that has not yet secured matching funds must submit a 
specific, credible plan for raising the necessary matching funds. The 
plan must identify potential sources of funds. It must include a 
proposed schedule, usually not more than 120 days, for securing funds 
or commitments of funds.

(4) Immediacy of Acquisition

    The applicant must demonstrate that the owner of the property to be 
acquired is willing to sell the land at an agreed-upon price. 
Acceptable documentation includes a contract or contingent contract to 
buy the land, or a letter from the owner indicating willingness to 
enter into such a contract at a specified price. The applicant should 
include a schedule for completion of the acquisition within the near 
future.

For Additional Information

    Questions and requests may be addressed to Paul Hawke, Chief, 
American Battlefield Protection Program, at 202-343-1005.

Proposal Submission

    Proposal packages must be submitted in hard copy. Faxed proposals 
and proposals submitted electronically will not be accepted. Incomplete 
proposals will not be considered. Unsuccessful applicants may resubmit 
a more complete proposal for consideration in a later round of awards.

A complete proposal package contains all of the following items

     A carefully drawn map on a USGS Quadrangle Map that 
defines the boundaries of the battlefield and identifies within those 
boundaries the specific lands to be acquired.
     A statement defining the threat to the battlefield. The 
statement should highlight the impact of this threat on the proposed 
acquisition parcel.
     A statement from the property owner indicating a 
willingness to sell or to negotiate for the sale of the property.
     A list of sources of the required non-Federal matching 
share. Verification of the availability of these funds must be included 
with this proposal.

Application Deadlines

    Applicants may submit their proposals to NPS at any time. 
Applications for Priority 1 and 2 battlefields will be reviewed as they 
are received. NPS will notify the applicant of its decision within 30 
days of receipt of the application. Applications for Priority 3 and 4 
battlefields will be

[[Page 13805]]

reviewed every four months beginning on June 1, 2002, and thereafter on 
October 1, 2002, February 1, 2003, June 1, 2003, and October 1, 2003, 
or until funds are no longer available. For example, a Priority 3 or 4 
application received on June 2, 2002 would not be reviewed until 
October 1, 2002. NPS will notify Priority 3 and 4 applicants of its 
decision within 45 days of the pertinent deadline above.

    Dated: February 13, 2002.
Hampton Tucker,
Grants Management Specialist, Heritage Preservation Services.
[FR Doc. 02-7251 Filed 3-25-02; 8:45 am]
BILLING CODE 4310-70-P