[107th Congress Public Law 359]
[From the U.S. Government Printing Office]


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[DOCID: f:publ359.107]


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             CIVIL WAR BATTLEFIELD PRESERVATION ACT OF 2002

[[Page 116 STAT. 3016]]

Public Law 107-359
107th Congress

                                 An Act


 
 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 
        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 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:

[[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 
                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 
        6(f)(3) of the Land and Water Conservation Fund Act of 1965 (16 
        U.S.C. 460l-8(f)(3)).
            ``(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 
                      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.''; 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.

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