HB454: HB454 Vince Dooley Battlefield Trust Fund Act; enact

25 LC 59 0113S/AP House Bill 454 (AS PASSED HOUSE AND SENATE) By: Representatives Gaines of the 120th, Wiedower of the 121st, Rhodes of the 124th, Ridley of the 6th, Richardson of the 125th, and others A BILL TO BE ENTITLED AN ACT To amend Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to parks,1 historic areas, memorials, and recreation, so as to create the Vince Dooley Battlefield Trust2 Fund and Vince Dooley Battlefield Trust Fund Program; to provid e for a short title; to3 provide for definitions; to provide matching grants to organiza tions seeking to acquire4 property interests in certain battlefields; to provide for proc edures, requirements, and5 limitations for such fund and program; to provide for applicati on and review criteria; to6 provide for expenditure of funds; to provide for annual account ing; to require that any7 acquisition include a perpetual conservation easement placing r estrictions on the use or8 development of the property or interest therein; to provide for related matters; to repeal9 conflicting laws; and for other purposes.10 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11 SECTION 1.12 Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to parks, historic13 areas, memorials, and recreation, is amended by adding a new article to read as follows:14 H. B. 454 - 1 - 25 LC 59 0113S/AP "ARTICLE 1315 12-3-710.16 This article shall be known and may be cited as the 'Vince Dooley Battlefield Trust Fund17 Act.'18 12-3-711.19 As used in this article, the term:20 (1) 'Conservation easement' shall have the same meaning as set forth in Code21 Section 44-10-2.22 (2) 'Department' means the Department of Natural Resources.23 (3) 'Fund' means the Vince Dooley Battlefield Trust Fund.24 (4) 'Matching contributions' means cash and the value of any c ontribution due to a25 bargain sale or the donation of land or interest therein made by the landowner as part of26 a project proposal.27 (5) 'Organization' means a not for profit charitable corporation or trust authorized to do28 business in this state which is involved in the acquisition and management of interests in29 land for historic preservation purposes and which has tax exemp t status as a public30 charity under the Internal Revenue Code of 1986.31 (6) 'Program' means the Vince Dooley Battlefield Trust Fund Program.32 (7) 'Project proposal' means any application seeking money fro m the Vince Dooley33 Battlefield Trust Fund Program.34 (8) 'State agency' means the State of Georgia or any department, division, board, bureau,35 commission, or other agency of the executive branch of state go vernment which has a36 mission to preserve, protect, or conserve natural, historical, or cultural resources.37 H. B. 454 - 2 - 25 LC 59 0113S/AP 12-3-712.38 (a)(1) The state treasurer shall establish a separate trust fu nd in the state treasury that39 shall be known as the Vince Dooley Battlefield Trust Fund, cons isting of annual40 appropriations by the General Assembly to the fund, public or p rivate grants, gifts,41 donations, or contributions dedicated to the fund for battlefield preservation, and moneys42 from any other source, including local, state, or federal program funds dedicated to the43 fund for battlefield preservation.44 (2) The state treasurer shall invest the money held in the fun d in the same manner in45 which state funds are invested as authorized by the State Depository Board pursuant to46 Article 3 of Chapter 17 of Title 50. Interest earned by the money held in the fund shall47 be accounted for separately and shall be credited to the fund t o be disbursed as other48 moneys in the fund.49 (b) Moneys held in the fund shall be expended by the department solely as provided in this50 article.51 (c) The department shall prepare an accounting of the funds ex pended pursuant to this52 article during the most recently completed fiscal year to be pr ovided to the Office of53 Planning and Budget, the House Budget and Research Office, and the Senate Budget and54 Evaluation Office by January 1 of each year.55 12-3-713.56 (a) There is established the Vince Dooley Battlefield Trust Fu nd Program to be57 administered by the department. In administering the program, the department shall, each58 fiscal year, make available money from the Vince Dooley Battlef ield Trust Fund for59 matching grants to any organization or state agency having a project proposal which has60 been reviewed and approved by the department.61 (b) The department shall make available money from the fund so lely for the purpose of62 awarding grants to organizations or state agencies for the fee simple purchase of, or63 H. B. 454 - 3 - 25 LC 59 0113S/AP purchase of permanent protective interests in, any Georgia battlefield listed in the following64 reports:65 (1) The Report on the Nation's Civil War Battlefields by the Civil War Sites Advisory66 Commission (Civil War Sites Advisory Commission/National Parks Service, 1993, as67 amended); or68 (2) The Report to Congress on the Historic Preservation of Revolutionary War and War69 of 1812 Sites in the United States by the American Battlefield Protection Program of the70 National Park Service (United States Department of the Interior/National Park Service,71 2007, as amended).72 (c) Organizations seeking grant funding shall be required to p rovide at least $1.00 in73 matching contributions for each $1.00 received from the fund fo r the project proposal. 74 Unless the applicant is a state agency, no state funds shall be included in determining the75 amount of such matching contributions.76 (d) Eligible costs for which money from the fund may be allocated include acquisition of77 land and any improvements thereon or permanent protective inter ests, such as perpetual78 conservation easements, and costs associated with such acquisitions, including the cost of79 any appraisals, environmental reports, surveys, title searches and title insurance, and other80 closing costs.81 (e) Grants from the fund shall not exceed 50 percent of the appraised value of the land or82 permanent protective interest therein.83 (f) Grants from the fund may be awarded for prospective purchases or for acquisitions on84 which the applicant has closed. In the latter case, the applicant shall demonstrate that:85 (1) The closing occurred no more than 12 months prior to the date of application for the86 grant; and87 (2) An identifiable threat to the resource or compelling need for preservation existed at88 the time of the purchase.89 H. B. 454 - 4 - 25 LC 59 0113S/AP (g) Money from the fund, in an amount not to exceed 5 percent of total moneys held by90 the fund, shall be made available to the department for costs incurred in administering the91 program each fiscal year.92 12-3-714.93 The department shall establish guidelines for applications, evaluations, and awards from94 the fund in consultation with relevant battlefield preservation interests. In awarding grants,95 the department shall give primary consideration to the following factors:96 (1) Significance of the battlefield that is the subject of the project proposal;97 (2) Degree to which the property or interest therein to be acquired falls within the core98 and study areas of the battlefield, as described in the relevan t report of the American99 Battlefield Protection Program;100 (3) Proximity of the property to other protected lands;101 (4) Threats to the integrity of features associated with the relevant battle;102 (5) The financial capacity of the applicant to complete the project; and103 (6) The administrative capacity of the applicant to maintain and manage the property in104 a manner that is consistent with public interests, such as recr eation, research, heritage105 tourism promotion, and orderly community development.106 12-3-715.107 (a) Any organization making an acquisition of property or interest therein pursuant to this108 article shall grant to the department or other holder a perpetu al conservation easement109 placing restrictions on the use or development of the property. In cases where the easement110 is granted to a holder other than the department, all terms and conditions of the easement111 shall accomplish the perpetual preservation of the property. S uch other holder shall112 demonstrate to the department that it has the capacity and expertise to manage and enforce113 the terms of the easement.114 H. B. 454 - 5 - 25 LC 59 0113S/AP (b) Nothing in this Code section shall preclude the subsequent transfer or assignment by115 a state agency or other holder of any property interest acquired pursuant to this article to116 the State of Georgia or to the United States of America to be incorporated into a national117 park, national forest, national wildlife refuge, or other natio nal conservation area in118 accordance with 54 U.S.C. Section 10010, 16 U.S.C. Section 551, the Fish and Wildlife119 Act of 1956 (16 U.S.C. Section 742a et seq.), or 16 U.S.C. Section 1131, as amended and120 applicable. The department shall facilitate transfers and assignments of any such interests."121 SECTION 2.122 All laws and parts of laws in conflict with this Act are repealed.123 H. B. 454 - 6 -