CHAPTER 3081—AMERICAN BATTLEFIELD PROTECTION PROGRAM
308102.
Preservation assistance.
308103.
Battlefield acquisition grant program.
308104.
Battlefield interpretation modernization grant program.
308105.
Battlefield restoration grant program.
Editorial Notes
Amendments
2019—Pub. L. 116–94, div. P, title VII, §703(b), Dec. 20, 2019, 133 Stat. 3196, added items 308104 and 308105.
§308101. Definition
In this chapter, the term "Secretary" means the Secretary, acting through the American Battlefield Protection Program.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3233.)
Statutory Notes and Related Subsidiaries
Purpose
Pub. L. 111–11, title VII, §7301(a), Mar. 30, 2009, 123 Stat. 1213, provided that: "The purpose of this section [enacting former section 469k–1 of Title 16, Conservation] 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."
§308102. Preservation assistance
(a) In General.—Using the established national historic preservation program to the extent practicable, the Secretary 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.
(b) Financial Assistance.—To carry out subsection (a), the Secretary may use a cooperative agreement, grant, contract, or other generally adopted means of providing financial assistance.
(c) Authorization of Appropriations.—There is authorized to be appropriated to carry out this section $3,000,000 for each fiscal year, to remain available until expended.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3233.)
§308103. Battlefield acquisition grant program
(a) Definition.—In this section, the term "eligible site" means a site—
(1) that is not within the exterior boundaries of a System unit; and
(2) that is identified in the document entitled "Report on the Nation's Civil War Battlefields", prepared by the Civil War Sites Advisory Commission, and dated July 1993.
(b) Establishment.—The Secretary shall establish a battlefield acquisition grant program under which the Secretary may provide grants to State and local governments to pay the Federal share of the cost of acquiring interests in eligible sites for the preservation and protection of those eligible sites.
(c) Nonprofit Partners.—A State or local government may acquire an interest in an eligible site using a grant under this section in partnership with a nonprofit organization.
(d) Non-Federal Share.—The non-Federal share of the total cost of acquiring an interest in an eligible site under this section shall be not less than 50 percent.
(e) Limitation on Land Use.—An interest in an eligible site acquired under this section shall be subject to section 200305(f)(3) of this title.
(f) Authorization of Appropriations.—There is authorized to be appropriated to the Secretary to provide grants under this section $18,000,000 for each of fiscal years 2020 through 2028.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3234; Pub. L. 113–76, div. G, title IV, §429, Jan. 17, 2014, 128 Stat. 345; Pub. L. 113–235, div. F, title IV, §421, Dec. 16, 2014, 128 Stat. 2449; Pub. L. 113–291, div. B, title XXX, §3050, Dec. 19, 2014, 128 Stat. 3799; Pub. L. 116–94, div. P, title VII, §702, Dec. 20, 2019, 133 Stat. 3195.)
Amendment Not Shown in Text
This section was derived from section 469k–1(c)(1)(A) to (C), (2) to (6) of Title 16, Conservation, which was amended by Pub. L. 113–76, div. G, title IV, §429, Jan. 17, 2014, 128 Stat. 345; Pub. L. 113–235, div. F, title IV, §421, Dec. 16, 2014, 128 Stat. 2449; and Pub. L. 113–291, div. B, title XXX, §3050, Dec. 19, 2014, 128 Stat. 3799. For applicability of those amendments to this section, see section 6(b) of Pub. L. 113–287, set out as a Transitional and Savings Provisions note preceding section 100101 of this title.
Subsec. (c)(6) of former section 469k–1 of Title 16 [restated in subsec. (f) of this section] was amended by Pub. L. 113–76 by striking "2013" and inserting "2014" and by Pub. L. 113–235 by striking "2014" and inserting "2021".
Subsec. (c) of former section 469k–1 of Title 16 was amended by Pub. L. 113–291 as follows:
(1) In paragraph (1)—
(A) by striking subparagraph (A) [restated in subsec. (a)(2) of this section] and inserting the following:
"(A) BATTLEFIELD REPORT.—The term 'battlefield report' means, collectively—
"(i) the report entitled 'Report on the Nation's Civil War Battlefields', prepared by the Civil War Sites Advisory Commission, and dated July 1993; and
"(ii) the report entitled 'Report to Congress on the Historic Preservation of Revolutionary War and War of 1812 Sites in the United States', prepared by the National Park Service, and dated September 2007."; and
(B) in subparagraph (C)(ii) [restated in subsec. (a)(2) of this section], by striking "Battlefield Report" and inserting "battlefield report";
(2) In paragraph (2) [restated in subsec. (b) of this section], by inserting "eligible sites or" after "acquiring";
(3) In paragraph (3) [restated in subsec. (c) of this section], by inserting "an eligible site or" after "acquire";
(4) In paragraph (4) [restated as subsec. (d) of this section], by inserting "an eligible site or" after "acquiring";
(5) In paragraph (5) [restated as subsec. (e) of this section], by striking "An" and inserting "An eligible site or an";
(6) By redesignating paragraph (6) [restated as subsec. (f) of this section] as paragraph (9);
(7) By inserting after paragraph (5) [restated as subsec. (e) of this section] the following new paragraphs:
"(6) WILLING SELLERS.—Acquisition of land or interests in land under this subsection shall be from willing sellers only.
"(7) REPORT.—Not later than 5 years after the date of the enactment of this paragraph, the Secretary shall submit to Congress a report on the activities carried out under this subsection, including a description of—
"(A) preservation activities carried out at the battlefields and associated sites identified in the battlefield report during the period between publication of the battlefield report and the report required under this paragraph;
"(B) changes in the condition of the battlefields and associated sites during that period; and
"(C) any other relevant developments relating to the battlefields and associated sites during that period.
"(8) PROHIBITION ON LOBBYING.—None of the funds provided pursuant to this section shall be used in any way, directly or indirectly, to influence congressional action on any legislation or appropriation matters pending before Congress."; and
(8) In paragraph (9) [restated as subsec. (f) of this section] (as redesignated), by striking "2014" and inserting "2021".
Historical and Revision Notes
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|
| 308103(a) |
16 U.S.C. 469k–1(c)(1)(A), (C). |
Pub. L. 111–11, title VII, subtitle D, §7301(c)(1)(A) through (C), (2) through (6), Mar. 30, 2009, 123 Stat. 1213. |
| 308103(b) |
16 U.S.C. 469k–1(c)(1)(B), (2). |
|
| 308103(c) |
16 U.S.C. 469k–1(c)(1)(B), (3). |
|
| 308103(d) through (f) |
16 U.S.C. 469k–1(c)(4) through (6). |
|
In subsection (f), reference to fiscal years 2009 to 2011 is omitted as obsolete.
Editorial Notes
Amendments
2019—Subsec. (f). Pub. L. 116–94 substituted "$18,000,000 for each of fiscal years 2020 through 2028" for "$10,000,000 for each of fiscal years 2012 and 2013".
§308104. Battlefield interpretation modernization grant program
(a) Establishment.—The Secretary shall establish a battlefield interpretation modernization grant program under which the Secretary may provide competitive grants to States, Tribes, local governments, and nonprofit organizations for projects and programs that deploy technology to modernize battlefield interpretation and education.
(b) Eligible Sites.—The Secretary may make grants under this section for Revolutionary War, War of 1812, and Civil War battlefield sites eligible for assistance under the battlefield acquisition grant program established under section 308103(b).
(c) Federal Share.—The Federal share of the cost of a project or program funded through a grant provided under the program established under subsection (a) shall be not more than 50 percent of the total cost of the applicable project or program.
(d) Authorization of Appropriations.—There is authorized to be appropriated to the Secretary to provide grants under this section $1,000,000 for each of fiscal years 2020 through 2028.
(Added Pub. L. 116–94, div. P, title VII, §703(a), Dec. 20, 2019, 133 Stat. 3195.)
§308105. Battlefield restoration grant program
(a) Establishment.—The Secretary shall establish a battlefield restoration grant program (referred to in this section as the "program") under which the Secretary may provide grants to States, Tribes, local governments, and nonprofit organizations for projects that restore day-of-battle conditions on land preserved under the battlefield acquisition grant program established under section 308103(b).
(b) Eligible Sites.—The Secretary may make grants under this section for Revolutionary War, War of 1812, and Civil War battlefield sites eligible for assistance under the battlefield acquisition grant program established under section 308103(b).
(c) Federal Share.—The Federal share of the cost of a restoration project funded through a grant provided under the program shall be not more than 50 percent of the total cost of the project.
(d) Restoration Standards.—All restoration work carried out through a grant awarded under the program shall be performed in accordance with the Secretary of the Interior's Standards for the Treatment of Historic Properties under part 68 of title 36, Code of Federal Regulations (or successor regulations).
(e) Authorization of Appropriations.—There is authorized to be appropriated to the Secretary to provide grants under this section $1,000,000 for each of fiscal years 2020 through 2028.
(Added Pub. L. 116–94, div. P, title VII, §703(a), Dec. 20, 2019, 133 Stat. 3196.)