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H.R. 1446 (108th): California Missions Preservation Act

The text of the bill below is as of Sep 28, 2004 (Reported by Senate Committee).


HR 1446 RS

Calendar No. 734

108th CONGRESS

2d Session

H. R. 1446

[Report No. 108-375]

IN THE SENATE OF THE UNITED STATES

October 21, 2003

Received and read the first time

October 22, 2003

Read the second time and placed on the calendar

February 4, 2003

Ordered referred to the Committee on Energy and Natural Resources

September 28, 2004

Reported by Mr. DOMENICI, with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]


AN ACT

To support the efforts of the California Missions Foundation to restore and repair the Spanish colonial and mission-era missions in the State of California and to preserve the artworks and artifacts of these missions, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

[Struck out->] SECTION 1. SHORT TITLE. [<-Struck out]

    [Struck out->] This Act may be cited as the ‘California Missions Preservation Act’. [<-Struck out]

[Struck out->] SEC. 2. FINDINGS. [<-Struck out]

    [Struck out->] Congress finds the following: [<-Struck out]

      [Struck out->] (1) The California missions represent some of our Nation’s oldest historical treasures. [<-Struck out]

      [Struck out->] (2) The first of the California missions was founded in 1769, and eventually a chain of 21 missions and various sub-missions extended along the coast of California on El Camino Real. [<-Struck out]

      [Struck out->] (3) The California missions contribute greatly to the rich historical, cultural, and architectural heritage of California and the American West. [<-Struck out]

      [Struck out->] (4) The knowledge and cultural influence of native California Indians made a lasting contribution to the early settlement of California and the development of the California missions. [<-Struck out]

      [Struck out->] (5) More than 5,300,000 people visit the California missions annually, and the historical importance of the California missions extends worldwide as they have become a frequent destination for foreign visitors to the United States. [<-Struck out]

      [Struck out->] (6) The history of the California missions is an important educational component in California schools, and the study of the California missions is part of the Statewide fourth grade curricula on California history. [<-Struck out]

      [Struck out->] (7) Restoration and repair of the California missions, and the preservation of the Spanish colonial and mission-era artworks and artifacts of the California missions, for the public enjoyment will ensure that future generations also have the benefit of experiencing and appreciating these great symbols of the spirit of exploration and discovery in the American West. [<-Struck out]

[Struck out->] SEC. 3. SUPPORT FOR THE RESTORATION AND PRESERVATION OF THE CALIFORNIA MISSIONS. [<-Struck out]

    [Struck out->] (a) DEFINITIONS- In this section: [<-Struck out]

      [Struck out->] (1) CALIFORNIA MISSIONS- The term ‘California missions’ means the following historic Spanish missions located in the State of California and designated as California Registered Historical Landmarks: [<-Struck out]

        [Struck out->] (A) Mission La Purisima Concepcion, Lompoc. [<-Struck out]

        [Struck out->] (B) Mission La Soledad, Soledad. [<-Struck out]

        [Struck out->] (C) Mission San Antonio de Padua, Jolon. [<-Struck out]

        [Struck out->] (D) Mission San Buenaventura, Ventura. [<-Struck out]

        [Struck out->] (E) Mission San Carlos Borromeo del Rio Carmelo, Carmel. [<-Struck out]

        [Struck out->] (F) Mission San Diego Alcala, San Diego. [<-Struck out]

        [Struck out->] (G) Mission San Fernando Rey de Espana, Mission Hills. [<-Struck out]

        [Struck out->] (H) Mission San Francisco de Asis, San Francisco. [<-Struck out]

        [Struck out->] (I) Mission San Francisco Solano, Sonoma. [<-Struck out]

        [Struck out->] (J) Mission San Gabriel Arcangel, San Gabriel. [<-Struck out]

        [Struck out->] (K) Mission San Jose, Fremont. [<-Struck out]

        [Struck out->] (L) Mission San Juan Bautista, San Juan Bautista. [<-Struck out]

        [Struck out->] (M) Mission San Juan Capistrano, San Juan Capistrano. [<-Struck out]

        [Struck out->] (N) Mission San Luis Obispo de Tolosa and its Asistencia (sub-mission) of Santa Margarita de Cortona, San Luis Obispo. [<-Struck out]

        [Struck out->] (O) Mission San Luis Rey de Francia and its Asistencia (sub-mission), Oceanside. [<-Struck out]

        [Struck out->] (P) Mission San Miguel Arcangel, San Miguel. [<-Struck out]

        [Struck out->] (Q) Mission San Rafael Arcangel, San Rafael. [<-Struck out]

        [Struck out->] (R) Mission Santa Barbara Virgen y Martir, Santa Barbara. [<-Struck out]

        [Struck out->] (S) Mission Santa Clara de Asis, Santa Clara. [<-Struck out]

        [Struck out->] (T) Mission Santa Cruz, Santa Cruz. [<-Struck out]

        [Struck out->] (U) Mission Santa Ines Virgen y Martir, Solvang. [<-Struck out]

        [Struck out->] (V) Asistencia San Antonio de Pala, Pala. [<-Struck out]

      [Struck out->] (2) CALIFORNIA MISSIONS FOUNDATION- The term ‘California Missions Foundation’ means the charitable corporation established in the State of California in 1998 to fund the restoration and repair of the California missions and the preservation of the Spanish colonial and mission-era artworks and artifacts of the California missions. The Foundation is exempt from State franchise and income tax and is organized and operated exclusively for charitable purposes under section 501(c)(3) of the Internal Revenue Code of 1986. [<-Struck out]

      [Struck out->] (3) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior. [<-Struck out]

    [Struck out->] (b) GRANTS AUTHORIZED- The Secretary of the Interior may make grants to the California Missions Foundation to support the efforts of the California Missions Foundation to restore and repair the California missions and to preserve the artworks and artifacts associated with the California missions. As provided in section 101(e)(4) of the National Historic Preservation Act (16 U.S.C. 470a(e)(4)), the Secretary shall ensure that the purpose of a grant under this section is secular, does not promote religion, and seeks to protect those qualities that are historically significant. [<-Struck out]

    [Struck out->] (c) APPLICATION- In order to receive a grant under this section for the preservation of the California missions, the California Missions Foundation shall submit to the Secretary an application that includes-- [<-Struck out]

      [Struck out->] (1) a status report on the condition of the infrastructure and artifacts for each of the California missions; and [<-Struck out]

      [Struck out->] (2) a comprehensive program for restoration, repair, and preservation of such infrastructure and artifacts, including prioritized preservation efforts to be conducted over a 5-year period and the estimated costs of such preservation efforts. [<-Struck out]

    [Struck out->] (d) MATCHING FUND REQUIREMENT- The Secretary shall require the California Missions Foundation to match grant funds provided under this section. [<-Struck out]

    [Struck out->] (e) REPORT- As a condition of a grant under this section, the California Missions Foundation shall submit to the Secretary an annual report on the status of the preservation efforts undertaken using grant funds provided under this section. The Secretary shall submit a copy of each report to Congress. [<-Struck out]

    [Struck out->] (f) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated to the Secretary a total of $10,000,000 during the five-fiscal year period beginning October 1, 2003, to make grants under this section. Funds appropriated pursuant to the authorization of appropriations in this section shall be in addition to any funds made available for preservation efforts in the State of California under the National Historic Preservation Act. [<-Struck out]

SECTION 1. SHORT TITLE.

    This Act may be cited as the ‘California Missions Preservation Act’.

SEC. 2. DEFINITIONS.

    In this Act:

      (1) CALIFORNIA MISSION- The term ‘California mission’ means each of the 21 historic Spanish missions and 1 asistencia that--

        (A) are located in the State;

        (B) were built between 1769 and 1798; and

        (C) are designated as California Registered Historic Landmarks.

      (2) FOUNDATION- The term ‘Foundation’ means the California Missions Foundation, a nonsectarian charitable corporation that--

        (A) was established in the State in 1998 to fund the restoration and repair of the California missions; and

        (B) is operated exclusively for charitable purposes under section 501(c)(3) of the Internal Revenue Code of 1986.

      (3) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior.

      (4) STATE- The term ‘State’ means the State of California.

SEC. 3. COOPERATIVE AGREEMENTS.

    (a) IN GENERAL- The Secretary may enter into a cooperative agreement with the Foundation to provide technical and financial assistance to the Foundation to restore and repair--

      (1) the California missions; and

      (2) the artwork and artifacts associated with the California missions.

    (b) FINANCIAL ASSISTANCE-

      (1) IN GENERAL- The cooperative agreement may authorize the Secretary to make grants to the Foundation to carry out the purposes described in subsection (a).

      (2) ELIGIBILITY- To be eligible to receive a grant or other form of financial assistance under this Act, a California mission must be listed on the National Register of Historic Places.

      (3) APPLICATION- To receive a grant or other form of financial assistance under this Act, the Foundation shall submit to the Secretary an application that--

        (A) includes a status report on the condition of the infrastructure and associated artifacts of each of the California missions for which the Foundation is seeking financial assistance; and

        (B) describes a comprehensive program for the restoration, repair, and preservation of the infrastructure and artifacts referred to in subparagraph (A), including--

          (i) a description of the prioritized preservation activities to be conducted over a 5-year period; and

          (ii) an estimate of the costs of the preservation activities.

      (4) APPLICABLE LAW- Consistent with section 101(e)(4) of the National Historic Preservation Act (16 U.S.C. 470a(e)(4)), the Secretary shall ensure that the purpose of any grant or other financial assistance provided by the Secretary to the Foundation under this Act--

        (A) is secular;

        (B) does not promote religion; and

        (C) seeks to protect qualities that are historically significant.

    (c) REVIEW AND DETERMINATION-

      (1) IN GENERAL- The Secretary shall submit a proposed agreement to the Attorney General for review.

      (2) DETERMINATION- A cooperative agreement entered into under subsection (a) shall not take effect until the Attorney General issues a finding that the proposed agreement submitted under paragraph (1) does not violate the establishment clause of the first amendment of the Constitution.

    (d) REPORT- As a condition of receiving financial assistance under this Act, the Foundation shall annually submit to the Secretary and to the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives a report that describes the status of the preservation activities carried out using amounts made available under this Act.

SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

    (a) IN GENERAL- There is authorized to be appropriated to carry out this Act $10,000,000 for the period of fiscal years 2004 through 2009.

    (b) MATCHING REQUIREMENT- Any amounts made available to carry out this Act shall be matched on not less than a 1-to-1 basis by the Foundation.

    (c) OTHER AMOUNTS- Any amounts made available to carry out this Act shall be in addition to any amounts made available for preservation activities in the State under the National Historic Preservation Act (16 U.S.C. 470 et seq.).

Calendar No. 734

108th CONGRESS

2d Session

H. R. 1446

[Report No. 108-375]

AN ACT

To support the efforts of the California Missions Foundation to restore and repair the Spanish colonial and mission-era missions in the State of California and to preserve the artworks and artifacts of these missions, and for other purposes.


September 28, 2004

Reported with an amendment