[DOCID: f:hr738.110]
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110th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 110-738
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PRESERVE AMERICA AND SAVE AMERICA'S TREASURES ACT
_______
July 8, 2008.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Rahall, from the Committee on Natural Resources, submitted the
following
R E P O R T
[To accompany H.R. 3981]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred the
bill (H.R. 3981) to authorize the Preserve America Program and
Save America's Treasures Program, and for other purposes,
having considered the same, report favorably thereon with an
amendment and recommend that the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Preserve America and
Save America's Treasures Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--PRESERVE AMERICA PROGRAM
Sec. 101. Purpose.
Sec. 102. Definitions.
Sec. 103. Establishment.
Sec. 104. Designation of Preserve America Communities.
Sec. 105. Regulations.
Sec. 106. Authorization of appropriations.
TITLE II--SAVE AMERICA'S TREASURES PROGRAM
Sec. 201. Purpose.
Sec. 202. Definitions.
Sec. 203. Establishment.
Sec. 204. Regulations.
Sec. 205. Authorization of appropriations.
TITLE III--GENERAL PROVISIONS
Sec. 301. Prohibition on funding certain activities.
TITLE I--PRESERVE AMERICA PROGRAM
SEC. 101. PURPOSE.
The purpose of this title is to authorize the Preserve America
Program, including--
(1) the Preserve America grant program within the Department
of the Interior;
(2) the recognition programs administered by the Advisory
Council on Historic Preservation; and
(3) the related efforts of Federal agencies, working in
partnership with State, tribal, and local governments and the
private sector, to support and promote the preservation of
historic resources.
SEC. 102. DEFINITIONS.
In this title:
(1) Council.--The term ``Council'' means the Advisory Council
on Historic Preservation.
(2) Heritage tourism.--The term ``heritage tourism'' means
the conduct of activities to attract and accommodate visitors
to a site or area based on the unique or special aspects of the
history, landscape (including trail systems), and culture of
the site or area.
(3) Program.--The term ``program'' means the Preserve America
Program established under section 103(a).
(4) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
SEC. 103. ESTABLISHMENT.
(a) In General.--There is established in the Department of the
Interior the Preserve America Program, under which the Secretary, in
partnership with the Council, may provide competitive grants to States,
local governments (including local governments in the process of
applying for designation as Preserve America Communities under section
104), Indian tribes, communities designated as Preserve America
Communities under section 104, State historic preservation offices, and
tribal historic preservation offices to support preservation efforts
through heritage tourism, education, and historic preservation planning
activities.
(b) Eligible Projects.--
(1) In general.--The following projects shall be eligible for
a grant under this title:
(A) A project for the conduct of--
(i) research on, and documentation of, the
history of a community; and
(ii) surveys of the historic resources of a
community.
(B) An education and interpretation project that
conveys the history of a community or site.
(C) A planning project (other than building
rehabilitation) that advances economic development
using heritage tourism and historic preservation.
(D) A training project that provides opportunities
for professional development in areas that would aid a
community in using and promoting its historic
resources.
(E) A project to support heritage tourism in a
Preserve America Community designated under section
104.
(F) Other nonconstruction projects that identify or
promote historic properties or provide for the
education of the public about historic properties that
are consistent with the purposes of this Act.
(2) Limitation.--In providing grants under this title, the
Secretary shall only provide 1 grant to each eligible project
selected for a grant.
(c) Preference.--In providing grants under this title, the Secretary
may give preference to projects that carry out the purposes of both the
program and the Save America's Treasures Program.
(d) Consultation and Notification.--
(1) Consultation.--The Secretary shall consult with the
Council in preparing the list of projects to be provided grants
for a fiscal year under the program.
(2) Notification.--Not later than 30 days before the date on
which the Secretary provides grants for a fiscal year under the
program, the Secretary shall submit to the Committee on Energy
and Natural Resources of the Senate, the Committee on
Appropriations of the Senate, the Committee on Natural
Resources of the House of Representatives, and the Committee on
Appropriations of the House of Representatives a list of any
eligible projects that are to be provided grants under the
program for the fiscal year.
(e) Cost-Sharing Requirement.--
(1) In general.--The non-Federal share of the cost of
carrying out a project provided a grant under this title shall
be not less than 50 percent of the total cost of the project.
(2) Form of non-federal share.--The non-Federal share
required under paragraph (1) shall be in the form of--
(A) cash; or
(B) donated supplies and related services, the value
of which shall be determined by the Secretary.
(3) Requirement.--The Secretary shall ensure that each
applicant for a grant has the capacity to secure, and a
feasible plan for securing, the non-Federal share for an
eligible project required under paragraph (1) before a grant is
provided to the eligible project under the program.
SEC. 104. DESIGNATION OF PRESERVE AMERICA COMMUNITIES.
(a) Application.--To be considered for designation as a Preserve
America Community, a community, tribal area, or neighborhood shall
submit to the Council an application containing such information as the
Council may require.
(b) Criteria.--To be designated as a Preserve America Community under
the program, a community, tribal area, or neighborhood that submits an
application under subsection (a) shall, as determined by the Council,
in consultation with the Secretary, meet criteria required by the
Council and, in addition, consider--
(1) protection and celebration of the heritage of the
community, tribal area, or neighborhood;
(2) use of the historic assets of the community, tribal area,
or neighborhood for economic development and community
revitalization; and
(3) encouragement of people to experience and appreciate
local historic resources through education and heritage tourism
programs.
(c) Local Governments Previously Certified for Historic Preservation
Activities.--The Council shall establish an expedited process for
Preserve America Community designation for local governments previously
certified for historic preservation activities under section 101(c)(1)
of the National Historic Preservation Act (16 U.S.C. 470a(c)(1)).
(d) Guidelines.--The Council, in consultation with the Secretary,
shall establish any guidelines that are necessary to carry out this
section.
SEC. 105. REGULATIONS.
The Secretary shall develop any guidelines and issue any regulations
that the Secretary determines to be necessary to carry out this title.
SEC. 106. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this title
$25,000,000 for each of fiscal years 2009, 2010, 2011, 2012 and 2013,
to remain available until expended.
TITLE II--SAVE AMERICA'S TREASURES PROGRAM
SEC. 201. PURPOSE.
The purpose of this title is to authorize within the Department of
the Interior the Save America's Treasures Program, to be carried out by
the Director of the National Park Service, in partnership with--
(1) the National Endowment for the Arts;
(2) the National Endowment for the Humanities;
(3) the Institute of Museum and Library Services;
(4) the National Trust for Historic Preservation;
(5) the National Conference of State Historic Preservation
Officers;
(6) the National Association of Tribal Historic Preservation
Officers; and
(7) the President's Committee on the Arts and the Humanities.
SEC. 202. DEFINITIONS.
In this title:
(1) Collection.--The term ``collection'' means a collection
of intellectual and cultural artifacts, including documents,
sculpture, and works of art.
(2) Eligible entity.--The term ``eligible entity'' means a
Federal entity, State, local, or tribal government, educational
institution, or nonprofit organization.
(3) Historic property.--The term ``historic property'' has
the meaning given the term in section 301 of the National
Historic Preservation Act (16 U.S.C. 470w).
(4) Nationally significant.--The term ``nationally
significant'' means a collection or historic property that
meets the applicable criteria for national significance, in
accordance with regulations promulgated by the Secretary
pursuant to section 101(a)(2) of the National Historic
Preservation Act (16 U.S.C. 470a(a)(2)).
(5) Program.--The term ``program'' means the Save America's
Treasures Program established under section 203(a).
(6) Secretary.--The term ``Secretary'' means the Secretary of
the Interior, acting through the Director of the National Park
Service.
SEC. 203. ESTABLISHMENT.
(a) In General.--There is established in the Department of the
Interior the Save America's Treasures program, under which the amounts
made available to the Secretary under section 205 shall be used by the
Secretary, in consultation with the organizations described in section
201, subject to subsection (f)(1)(B), to provide grants to eligible
entities for projects to preserve nationally significant collections
and historic properties.
(b) Determination of Grants.--Of the amounts made available for
grants under section 205, not less than 50 percent shall be made
available for grants for projects to preserve collections and historic
properties, to be distributed through a competitive grant process
administered by the Secretary, subject to the eligibility criteria
established under subsection (e).
(c) Applications for Grants.--To be considered for a competitive
grant under the program an eligible entity shall submit to the
Secretary an application containing such information as the Secretary
may require.
(d) Collections and Historic Properties Eligible for Competitive
Grants.--
(1) In general.--A collection or historic property shall be
provided a competitive grant under the program only if the
Secretary determines that the collection or historic property
is--
(A) nationally significant; and
(B) threatened or endangered.
(2) Eligible collections.--A determination by the Secretary
regarding the national significance of collections under
paragraph (1)(A) shall be made in consultation with the
organizations described in section 201, as appropriate.
(3) Eligible historic properties.--To be eligible for a
competitive grant under the program, a historic property shall,
as of the date of the grant application--
(A) be listed in the National Register of Historic
Places at the national level of significance; or
(B) be designated as a National Historic Landmark.
(e) Selection Criteria for Grants.--
(1) In general.--The Secretary shall not provide a grant
under this title to a project for an eligible collection or
historic property unless the project--
(A) eliminates or substantially mitigates the threat
of destruction or deterioration of the eligible
collection or historic property;
(B) has a clear public benefit; and
(C) is able to be completed on schedule and within
the budget described in the grant application.
(2) Preference.--In providing grants under this title, the
Secretary may give preference to projects that carry out the
purposes of both the program and the Preserve America Program.
(3) Limitation.--In providing grants under this title, the
Secretary shall only provide 1 grant to each eligible project
selected for a grant.
(f) Consultation and Notification by Secretary.--
(1) Consultation.--
(A) In general.--Subject to subparagraph (B), the
Secretary shall consult with the organizations
described in section 201 in preparing the list of
projects to be provided grants for a fiscal year by the
Secretary under the program.
(B) Limitation.--If an entity described in
subparagraph (A) has submitted an application for a
grant under the program, the entity shall be recused by
the Secretary from the consultation requirements under
that subparagraph and subsection (a).
(2) Notification.--Not later than 30 days before the date on
which the Secretary provides grants for a fiscal year under the
program, the Secretary shall submit to the Committee on Energy
and Natural Resources of the Senate, the Committee on
Appropriations of the Senate, the Committee on Natural
Resources of the House of Representatives, and the Committee on
Appropriations of the House of Representatives a list of any
eligible projects that are to be provided grants under the
program for the fiscal year.
(g) Cost-Sharing Requirement.--
(1) In general.--The non-Federal share of the cost of
carrying out a project provided a grant under this title shall
be not less than 50 percent of the total cost of the project.
(2) Form of non-federal share.--The non-Federal share
required under paragraph (1) shall be in the form of--
(A) cash; or
(B) donated supplies or related services, the value
of which shall be determined by the Secretary.
(3) Requirement.--The Secretary shall ensure that each
applicant for a grant has the capacity and a feasible plan for
securing the non-Federal share for an eligible project required
under paragraph (1) before a grant is provided to the eligible
project under the program.
SEC. 204. REGULATIONS.
The Secretary shall develop any guidelines and issue any regulations
that the Secretary determines to be necessary to carry out this title.
SEC. 205. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this title
$50,000,000 for each fiscal year, to remain available until expended.
TITLE III--GENERAL PROVISIONS
SEC. 301. PROHIBITION ON FUNDING CERTAIN ACTIVITIES.
None of the funds provided pursuant to this Act may be used to study
or establish a National Heritage Area or fund a National Heritage Area
management entity.
PURPOSE OF THE BILL
The purpose of H.R. 3981 is to authorize the Preserve
America Program and Save America's Treasures Program, and for
other purposes.
BACKGROUND AND NEED FOR LEGISLATION
The Save America's Treasures (SAT) Program was created by
Executive Order in 1998 and is jointly administered by the
National Park Service and the National Trust for Historic
Preservation. The program provides matching grants, funded
through the Historic Preservation Fund, to eligible recipients
to restore historic artifacts or structures. Since its
inception, more than 1,000 SAT grants totaling nearly $290
million have been awarded in all fifty states, the District of
Columbia and Puerto Rico. Approximately 70 percent of those
grants have gone to preserve historic structures while 30
percent have gone to museum collections. In 2008, the SAT
program received $24.6 million but the Administration has
proposed cutting that figure to $15 million for fiscal year
2009.
The Preserve America (PA) Program was created by Executive
Order in 2003 and is administered jointly by the National Park
Service and the Advisory Council on Historic Preservation.
Rather than funding ``bricks and mortar,'' PA grants are
available to ``help local communities develop sustainable
resource management strategies and sound business practices for
the continued preservation and use of historic assets.'' Only
State or Tribal Historic Preservation Offices, certified local
governments, and designated Preserve America Communities are
eligible for PA grants. Like the SAT program, these grants are
also funded through the Historic Preservation Fund. In 2008,
$7.3 million was appropriated for the PA Program but the
Administration has proposed increasing that amount to $10
million for the upcoming fiscal year.
H.R. 3981, sponsored by Representative Brad Miller (D-NC),
would permanently authorize both the Save America's Treasures
and Preserve America Programs. As introduced, the legislation
does not make significant changes to the operation of either
program.
COMMITTEE ACTION
H.R. 3981 was introduced on October 29, 2007 by
Representative Brad Miller (D-NC). The bill was referred to the
Committee on Natural Resources, and within the Committee to the
Subcommittee on National Parks, Forests and Public Lands. The
Subcommittee held a hearing on H.R. 3981 on April 24, 2008, at
which the Administration testified in strong support of the
legislation.
On June 11, 2008, the Subcommittee was discharged from
further consideration of the legislation and the Full Natural
Resources Committee met to consider the bill. Subcommittee
Chairman Raul Grijalva (D-AZ) offered an amendment in the
nature of a substitute to conform H.R. 3981 to the version of
the legislation ordered to be reported by the Senate Energy and
Natural Resources Committee on May 7, 2008. The amendment in
the nature of a substitute made several technical changes to
the legislation, provided a larger role in the grant selection
process for State Historic Preservation Officers and capped
authorization for appropriations for both programs.
Subcommittee Ranking Member Rob Bishop (R-UT) offered two
amendments, en bloc. The Bishop en bloc amendment limited the
authorization of appropriations for the Preserve America
Program to five years and prohibited funds from either program
from being used to ``study or establish a National Heritage
Area or fund a National Heritage Area management entity.'' The
Bishop en bloc amendment was adopted by voice vote. The
Grijalva substitute, as amended, was then agreed to by voice
vote. The bill, as amended, was then ordered favorably reported
to the House of Representatives by voice vote.
SECTION-BY-SECTION ANALYSIS
Section 1. Short title; table of contents
Section 1 provides that the bill may be cited as the
``Preserve America and Save America's Treasures Act,'' and
includes a table of contents.
Section 101. Purpose
This section states that the purpose of Title I of H.R.
3981 is to authorize the Preserve America Program.
Section 102. Definitions
This section defines the terms to be used in Title I.
Section 103. Establishment
This section establishes the Preserve America Program
within the Department of the Interior, to be managed in
partnership with the Advisory Council on Historic Preservation.
The section goes on to list eligible recipients and projects
and establish procedures for carrying out the grant program.
The Preserve America and Save America's Treasures grant
programs expand the funding available for projects to protect
and enhance the Nation's heritage. The Committee realizes these
programs are supplemental to the baseline activities of State
Historic Preservation Offices (SHPOs) and Tribal Historic
Preservation Offices (THPOs) which carry out the mandates of
the National Historic Preservation Act. The work of the States
and Tribes provides the necessary foundation for the
supplemental assistance provided by Preserve America and Save
America's Treasures grants.
SHPOs and THPOs are resources that will continue to play a
vital role in our Nation's historic preservation program. The
hundreds of thousands of hours spent annually on 106 reviews,
National Register opinions, tax credit reviews, and numerous
other activities provide the backbone for the preservation of
our historic heritage. In December 2007 the National Academy of
Public Administration said that ``the National Historic
Preservation Program (SHPOs and THPOs) stands as a successful
example of effective federal-state partnership and is working
to realize Congress' original vision to a great extent.''
Section 104. Designation of Preserve America Communities
This section outlines the criteria and process for becoming
a designated Preserve America Community and thus becoming
eligible for grants under the program.
Section 105. Regulations
Section 105 directs the Secretary to develop any guidelines
and issue any regulations necessary to carry out this Title.
Section 106. Authorization of appropriations
Section 106 authorizes appropriation of $25 million
annually for this title for fiscal years 2009 through 2013.
Section 201. Purpose
This section states that the purpose of Title II of H.R.
3981 is to authorize the Save America's Treasures Program
within the Department of the Interior to be coordinated with a
variety of arts and preservation organizations.
Section 202. Definitions
This section defines the terms used in this Title.
Section 203. Establishment
Section 203 establishes the Save America's Treasures
Program and outlines the criteria and procedures for operation
of the program.
Section 204. Regulations
Section 204 directs the Secretary to develop any guidelines
and issue any regulations necessary to carry out the Save
America's Treasures program.
Section 205. Authorization of appropriations
This section authorizes $50 million annually for the Save
America's Treasures Program.
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
CONSTITUTIONAL AUTHORITY STATEMENT
Article I, section 8 of the Constitution of the United
States grants Congress the authority to enact this bill.
COMPLIANCE WITH HOUSE RULE XIII
1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
3. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to authorize the Preserve America and
Save America's Treasures Programs.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:
H.R. 3981--Preserve America and Save America's Treasures Act
Summary: H.R. 3981 would authorize appropriations totaling
$75 million annually for two grant programs administered by the
National Park Service (NPS). Assuming appropriation of the
authorized amounts, CBO estimates that implementing H.R. 3981
would cost $300 million over the 2009-2013 period.
H.R. 3981 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on state, local, or tribal
governments.
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 3981 is shown in the following table.
The costs of this legislation fall within budget function 300
(natural resources and environment).
----------------------------------------------------------------------------------------------------------------
By fiscal year in millions of dollars--
--------------------------------------------------
2009 2010 2011 2012 2013 2009-2013
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Authorization Level.......................................... 75 75 75 75 75 375
Estimated Outlays............................................ 25 50 75 75 75 300
----------------------------------------------------------------------------------------------------------------
Basis of estimate: For this estimate, CBO assumes that H.R.
3981 will be enacted near the end of fiscal year 2008 and that
the authorized amounts will be provided as specified in the
bill. Estimated outlays are based on historical spending
patterns for the two programs.
H.R. 3981 would authorize the appropriation of $25 million
a year through 2013 for the Preserve America program and $50
million a year indefinitely for the Save America's Treasures
program. Those programs fund grants to states, local
governments, and other eligible entities for historic
preservation and similar activities. For fiscal year 2008, the
NPS received appropriations totaling $20 million for the two
grant programs.
Intergovernmental and private-sector impact: H.R. 3981
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on state, local, or
tribal governments. The bill would benefit those governments by
authorizing grants for historic preservation; any costs to
those entities would be incurred voluntarily.
Previous CBO estimate: On May 19, 2008, CBO transmitted a
cost estimate for S. 2262, the Preserve America and Save
America's Treasures Act, as ordered reported by the Senate
Committee on Energy and Natural Resources on May 7, 2008. S.
2262 and H.R. 3981 are very similar, but the House bill would
authorize appropriations through fiscal year 2013 for the
Preserve America program, while the Senate bill would authorize
appropriations indefinitely for both programs. The estimated
total cost of the two pieces of legislation over the 2009-2013
period is the same.
Estimate prepared by: Federal Costs: Deborah Reis and
Jeffrey LaFave; Impact on State, Local, and Tribal Governments:
Melissa Merrill; Impact on the Private Sector: MarDestinee
Perez.
Estimate approved by: Peter H. Fontaine, Assistant Director
for Budget Analysis.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
EARMARK STATEMENT
H.R. 3981 does not contain any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9(d), 9(e) or 9(f) of rule XXI.
PREEMPTION OF STATE, LOCAL OR TRIBAL LAW
This bill is not intended to preempt any State, local or
tribal law.
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes in existing
law.
<all>