Rule 391-5-13-.04. Vince Dooley Battlefield Trust Fund Program

1. (1) Definitions. As used in this rule, the term:

   1. (a) "Applicant" means any nongovernmental organization or State Agency seeking a grant through the Vince Dooley Battlefield Trust Fund Program.
   2. (b) "Conservation Easement" shall have the same meaning as set forth in Code Section 44-10-2.
   3. (c) "Department" or "GADNR" means the Georgia Department of Natural Resources.
   4. (d) "Grantee" means a nongovernmental organization or State Agency that has been approved as a grant recipient by GADNR staff.
   5. (e) "Nongovernmental Organization" means a not for profit charitable corporation or trust authorized to do business in Georgia, which is involved in the acquisition and management of interests in land for historic preservation purposes and which has tax exempt status as a public charity under the Internal Revenue Code of 1986.
   6. (f) "Project proposal" means any application seeking money from the Vince Dooley Battlefield Trust Fund Program.

   7. (g) "Qualified Georgia battlefield" means any Georgia battlefield listed in the following reports:

      1. 1. The Report on the Nation's Civil War Battlefields by the Civil War Sites Advisory Commission (Civil War Sites Advisory Commission/National Parks Service, 1993, as amended); or
      2. 2. The Report to Congress on the Historic Preservation of Revolutionary War and War of 1812 Sites in the United States by the American Battlefield Protection Program of the National Park Service (United States Department of the Interior/National Park Service, 2007, as amended).
   8. (h) "State Agency" means the State of Georgia or any department, division, board, bureau, commission, or other agency of the executive branch of state government with a primary mission of preservation, protection, or conservation of natural, historical, or cultural resources.
2. (2) Purpose. The purpose of this rule is to provide matching grants to assist nongovernmental organizations and state agencies for the fee-simple acquisition of or purchase of a permanent historic preservation easement on a qualified Georgia battlefield.
3. (3) Eligible Applicants. State agencies and nongovernmental organizations may apply for grant funds under this program.
4. (4) The Vince Dooley Battlefield Trust Fund. O.C.G.A 12-3-710et seq., authorizes establishment of the Vince Dooley Battlefield Trust Fund consisting of annual appropriations by the General Assembly to the fund, public or private grants, gifts, donations, or contributions dedicated to the fund for battlefield preservation, and moneys from any other source, including local, state, or federal program funds dedicated to the fund for battlefield preservation.

5. (5) Use of Funds and Eligible Costs. From within the Vince Dooley Battlefield Trust Fund, money shall be made available each fiscal year for:

   1. (a) Matching Grants to state agencies and nongovernmental organizations having a project proposal for acquiring a fee-simple deed or preservation easement on any qualified Georgia battlefield. Project proposals shall be reviewed and approved by the Department. Eligible costs include:

      1. 1. acquisition of land and any improvements thereon;
      2. 2. acquisition of permanent protective interests, such as perpetual conservation easements; and
      3. 3. costs associated with acquisition, including the cost of appraisals, environmental assessments, boundary surveys, archaeological surveys, title searches, title insurance, legal services and closing costs.
   2. (b) Costs incurred by the Department in administering the program, not to exceed 5 percent of total moneys held by the fund.

6. (6) Eligible Projects. Properties must be historic battlefields within the State of Georgia, as identified in the reports referenced in paragraph (1). Eligible project activities shall be limited to the following categories:

   1. (a) Fee Simple Acquisition; or
   2. (b) Purchase/Acquisition of a Permanent Preservation Easement.

7. (7) General Terms and Conditions. The funding cycle will be available throughout the year.

   1. (a) Application. Applications will be accepted on a first come first served basis.
   2. (b) Total Annual Funding. The total funding available each year is determined by the annual appropriations by the General Assembly to the fund, public or private grants, gifts, donations, or contributions dedicated to the fund for battlefield preservation, and money from any other source, including local, state, or federal program funds dedicated to the fund for battlefield preservation.
   3. (c) Project Timeline. All selected applicants will have three years from the date of the signed grant agreement to complete the project, including recordation of the required perpetual easement.
   4. (d) Grant Amount. Grants shall not exceed 50 percent of the appraised value of the land or permanent protective interest therein.

   5. (e) Match Requirements. Applicants must provide at least $1.00 in matching contributions for each $1.00 received from the fund.

      1. 1. Eligible matching contributions include cash, and the value of any contribution due to a bargain sale, or the donation of land or interest therein made by the landowner.
      2. 2. Unless the applicant is a State Agency, no state funds shall be included in the required matching contributions.
      3. 3. Applicants must document the availability of the required 50 percent match for each application.
   6. (f) Financial Workshop. All selected applicants are required to attend a financial workshop prior to executing the grant agreement. The workshop will provide instruction on program requirements and expectations for the disbursement of funds.
   7. (g) Grant Agreement. Grantees must execute a grant agreement with GADNR and comply with provisions therein, including maintaining complete and accurate financial records for all project activities.
   8. (h) Inspections. GADNR staff may conduct site inspections for awarded projects before the project begins and during the project timeline.

8. (8) Application Process. All applications must include:

   1. (a) Cover letter on official letterhead signed by the appropriate State Agency official or nongovernmental organization executive director/president;
   2. (b) Narrative description of the historical significance of the property;
   3. (c) Purchase contract or willing seller letter;
   4. (d) Proposed budget;
   5. (e) Legal boundary description/plat of the property proposed for purchase;
   6. (f) Location map delineated on a USGS Quadrangle Map (1:24,000 scale) or an appropriate street map;
   7. (g) Appraisal report completed to the Uniform Standards of Professional Appraisal Practice (USPAP) standards;
   8. (h) Photographic documentation of the property;
   9. (i) Environmental assessment documentation package;
   10. (j) For 501(c)(3) nonprofit organizations, U.S. Internal Revenue Service Certification of current non-profit tax status; and
   11. (k) Title insurance policy or commitment.

9. (9) Review of Grant Applications. All applications received from eligible applicants are reviewed by GADNR staff based on priorities established in the Vince Dooley Battlefield Trust Fund Act. During the evaluation of proposals, primary consideration will be given to the following factors:

   1. (a) Significance of the battlefield that is the subject of the project proposal;
   2. (b) Degree of integrity (current preservation condition) of the battlefield landscape;
   3. (c) Level of threat to the integrity of features associated with the relevant battle;
   4. (d) Extent to which the property falls within the core and study areas of the battlefield, as defined by the relevant reports of the American Battlefield Protection Program;
   5. (e) Adjacency or proximity of the property to other protected or conserved lands;
   6. (f) Extent to which the project property and its resources will be made available to the public;
   7. (g) Extent to which the project will support public interests in education, research, recreation, tourism and community development and extent to which the resource has special historic significance (greater than 50 years old) to a specific group or community;
   8. (h) Financial capacity of the applicant to complete the proposed acquisition; and
   9. (i) Financial and administrative capacity of the applicant to effectively maintain and manage the property consistent with public interests, including recreation, research, heritage tourism promotion, and orderly community development.
10. (10) Required Perpetual Conservation Easement. Any organization acquiring property or an interest therein under this program shall grant to the Department or another qualified holder a perpetual conservation easement placing restrictions on the use or development of the property. In cases where the easement is granted to a holder other than the Department, the easement's terms and conditions shall ensure the property's perpetual preservation. Such other holder must demonstrate to the Department that it has the capacity and expertise to manage and enforce the terms of the easement.
11. (11) Approval Process. If the Department is to hold a conservation easement, or otherwise acquire any interest in such property, the proposed transaction shall be submitted to the Board of Natural Resources and the State Properties Commission for review and approval prior to execution.

12. (12) Awarded Projects. Funds will be available to successful applicants following completion of financial workshop and execution of a grant agreement between GADNR and the Grantee. The date the grant agreement is fully executed shall constitute "Day 1" of the project timeline, and the Grantee will have three years from that date to complete the project, including recordation of the required perpetual easement. Grants may be awarded for prospective purchases or for acquisitions on which the applicant has closed.

    1. (a) For prospective purchases, Grantees must submit the following to GADNR no later than 15 days before the scheduled closing date:

       1. 1. The final closing statement, reflecting all sources and amounts of matching funds including documentation of the proper allocation of grant proceeds necessary for acquisition of the property; and

       2. 2. The final draft of the conveyance instrument and all exhibits thereto that will be used to convey the property to the recipient.

          If the closing statement is deemed satisfactory by GADNR and all terms and conditions of the grant agreement have been met, GADNR shall authorize the transfer of grant proceeds to the Grantee.

    2. (b) For grant requests involving property already acquired by the applicant, the applicant shall demonstrate:

       1. 1. The closing occurred no more than 12 months prior to the date of the grant application; and
       2. 2. An identifiable threat to the resource or a compelling need for preservation existed at the time of purchase.
13. (13) Fund Disbursements. Grantees may submit requests for disbursement of funds for eligible costs at any time after the grant agreement has been fully executed. All disbursement requests shall be subject to review and approval by GADNR staff prior to release of funds.
14. (14) Reporting Requirements. All Grantees must submit quarterly status reports until grant closeout. A final report must also be submitted as part of the project closeout.

15. (15) Amendments.

    1. (a) Extension Requests. Grantees may request timeline extensions if the project is expected to exceed the three-year deadline. All formal requests shall be submitted no later than 90 days prior to the project's scheduled completion date and will be subject to review and approval by GADNR staff. If an extension is granted, the Grantee must sign an amendment to the grant agreement.
    2. (b) Modification of Property Boundaries. If the Grantee proposes any modification to the boundary, acreage, or legal description of the property approved for acquisition, a formal written request must be submitted to GADNR. The request must include justification for the change and updated documentation (e.g., revised map, survey, or legal description, etc.). All requests will be reviewed by GADNR staff to determine whether the revised project area remains consistent with the intent and eligibility of the original grant award. If approved, the Grantee must execute an amendment to the grant agreement before proceeding with acquisition activities within the revised project area.

16. (16) Project Completion Audit. Upon project completion, the Grantee shall submit a final reimbursement/disbursement request and a final status report. Upon receipt, GADNR staff shall conduct a project completion audit, which will include, but is not limited to:

    1. (a) Audit of all paperwork submitted by the Grantee for accuracy and completion;
    2. (b) Audit of all expenditures against the total project budget;
    3. (c) Audit of all prior disbursements; and

    4. (d) Verification of the total match submitted by the Grantee.

       Once GADNR determines that all requirements of the grant agreement have been satisfied, any remaining funds will be disbursed to the Grantee. If total expenditures are less than anticipated, GADNR shall adjust the final disbursement amount accordingly. In the event of an overpayment, the Grantee is required to refund the excess amount to GADNR.

17. (17) Program Oversight. The Department shall prepare and provide an annual accounting of all funds expended under this program for the most recently completed fiscal year to the Office of Planning and Budget, the House Budget and Research Office, and the Senate Budget and Evaluation Office by January 1 of each year.
18. (18) Transfer or Assignment of Property Interests. Nothing in this rule shall preclude the subsequent transfer or assignment by a State Agency or other holder of any property interest acquired pursuant to the Vince Dooley Battlefield Trust Fund Program to the State of Georgia or to the United States of America to be incorporated into a national park, national forest, national wildlife refuge, or other national conservation area, in accordance with 54 U.S.C. Section 10010, 16 U.S.C. Section 551, the Fish and Wildlife Act of 1956 ( 16 U.S.C. Section 742aet seq.), or 16 U.S.C. Section 1131, as amended and applicable. The Department shall facilitate transfers and assignments of any such interests.

Authority: O.C.G.A. § 12-3-710et seq.

History. Original Rule entitled "Vince Dooley Battlefield Trust Fund Program" adopted. F. Dec. 8, 2025; eff. Dec. 28, 2025.