[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1417 Enrolled Bill (ENR)]

        S.1417

                       One Hundred Fifth Congress

                                 of the

                        United States of America


                          AT THE FIRST SESSION

          Begun and held at the City of Washington on Tuesday,
 the seventh day of January, one thousand nine hundred and ninety-seven


                                 An Act


 
 To provide for the design, construction, furnishing and equipping of a 
 Center for Performing Arts within the complex known as the New Mexico 
            Hispanic Cultural Center and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Hispanic Cultural Center Act of 
1997''.

SEC. 2. CONSTRUCTION OF A CENTER FOR PERFORMING ARTS.

    (a) Findings.--Congress makes the following findings:
        (1) The United States has an enriched legacy of Hispanic 
    influence in politics, government, economic development, and 
    cultural expression.
        (2) The Hispanic culture in what is now the United States can 
    be traced to 1528 when a Spanish expedition from Cuba to Florida 
    was shipwrecked on the Texas coast.
        (3) The Hispanic culture in New Mexico can be traced to 1539 
    when a Spanish Franciscan Friar, Marcos de Niza, and his guide, 
    Estevanico, traveled into present day New Mexico in search of the 
    fabled city of Cibola and made contact with the people of Zuni.
        (4) The Hispanic influence in New Mexico is particularly 
    dominant and a part of daily living for all the citizens of New 
    Mexico, who are a diverse composite of racial, ethnic, and cultural 
    peoples. Don Juan de Onate and the first New Mexican families 
    established the first capital in the United States, San Juan de los 
    Caballeros, in July of 1598.
        (5) Based on the 1990 census, there are approximately 650,000 
    Hispanics in New Mexico, the majority having roots reaching back 
    ten or more generations.
        (6) There are an additional 200,000 Hispanics living outside of 
    New Mexico with roots in New Mexico.
        (7) The New Mexico Hispanic Cultural Center is a living tribute 
    to the Hispanic experience and will provide all citizens of New 
    Mexico, the Southwestern United States, the entire United States, 
    and around the world, an opportunity to learn about, partake in, 
    and enjoy the unique Hispanic culture, and the New Mexico Hispanic 
    Cultural Center will assure that this 400-year old culture is 
    preserved.
        (8) The New Mexico Hispanic Cultural Center will teach, 
    showcase, and share all facets of Hispanic culture, including 
    literature, performing arts, visual arts, culinary arts, and 
    language arts.
        (9) The New Mexico Hispanic Cultural Center will promote a 
    better cross-cultural understanding of the Hispanic culture and the 
    contributions of individuals to the society in which we all live.
        (10) In 1993, the legislature and Governor of New Mexico 
    created the Hispanic Cultural Division as a division within the 
    Office of Cultural Affairs. One of the principal responsibilities 
    of the Hispanic Cultural Division is to oversee the planning, 
    construction, and operation of the New Mexico Hispanic Cultural 
    Center.
        (11) The mission of the New Mexico Hispanic Cultural Center is 
    to create a greater appreciation and understanding of Hispanic 
    culture.
        (12) The New Mexico Hispanic Cultural Center will serve as a 
    local, regional, national, and international site for the study and 
    advancement of Hispanic culture, expressing both the rich history 
    and the forward-looking aspirations of Hispanics throughout the 
    world.
        (13) The New Mexico Hispanic Cultural Center will be a Hispanic 
    arts and humanities showcase to display the works of national and 
    international artists, and to provide a venue for educators, 
    scholars, artists, children, elders, and the general public.
        (14) The New Mexico Hispanic Cultural Center will provide a 
    venue for presenting the historic and contemporary representations 
    and achievements of the Hispanic culture.
        (15) The New Mexico Hispanic Cultural Center will sponsor arts 
    and humanities programs, including programs related to visual arts 
    of all forms (including drama, dance, and traditional and 
    contemporary music), research, literary arts, genealogy, oral 
    history, publications, and special events such as, fiestas, 
    culinary arts demonstrations, film video productions, storytelling 
    presentations and education programs.
        (16) Phase I of the New Mexico Hispanic Cultural Center complex 
    is scheduled to be completed by August of 1998 and is planned to 
    consist of an art gallery with exhibition space and a museum, 
    administrative offices, a restaurant, a ballroom, a gift shop, an 
    amphitheater, a research and literary arts center, and other 
    components.
        (17) Phase II of the New Mexico Hispanic Cultural Center 
    complex is planned to include a performing arts center (containing 
    a 700-seat theater, a stage house, and a 300-seat film/video 
    theater), a 150-seat black box theater, an art studio building, a 
    culinary arts building, and a research and literary arts building.
        (18) It is appropriate for the Federal Government to share in 
    the cost of constructing the New Mexico Hispanic Cultural Center 
    because Congress recognizes that the New Mexico Hispanic Cultural 
    Center has the potential to be a premier facility for performing 
    arts and a national repository for Hispanic arts and culture.
    (b) Definitions.--In this section:
        (1) Center.--The term ``Center'' means the Center for 
    Performing Arts, within the complex known as the New Mexico 
    Hispanic Cultural Center, which Center for the Performing Arts is a 
    central facility in Phase II of the New Mexico Hispanic Cultural 
    Center complex.
        (2) Hispanic cultural division.--The term ``Hispanic Cultural 
    Division'' means the Hispanic Cultural Division of the Office of 
    Cultural Affairs of the State of New Mexico.
        (3) Secretary.--The term ``Secretary'' means the Secretary of 
    the Interior.
    (c) Construction of Center.--The Secretary shall award a grant to 
New Mexico to pay for the Federal share of the costs of the design, 
construction, furnishing, and equipping of the Center for Performing 
Arts that will be located at a site to be determined by the Hispanic 
Cultural Division, within the complex known as the New Mexico Hispanic 
Cultural Center.
    (d) Grant Requirements.--
        (1) In general.--In order to receive a grant awarded under 
    subsection (c), New Mexico, acting through the Director of the 
    Hispanic Cultural Division--
            (A) shall submit to the Secretary, within 30 days of the 
        date of enactment of this section, a copy of the New Mexico 
        Hispanic Cultural Center Program document dated January 1996; 
        and
            (B) shall exercise due diligence to expeditiously execute, 
        in a period not to exceed 90 days after the date of enactment 
        of this section, the memorandum of understanding under 
        paragraph (2) recognizing that time is of the essence for the 
        construction of the Center because 1998 marks the 400th 
        anniversary of the first permanent Spanish settlement in New 
        Mexico.
        (2) Memorandum of understanding.--The memorandum of 
    understanding described in paragraph (1) shall provide--
            (A) the date of completion of the construction of the 
        Center;
            (B) that Antoine Predock, an internationally recognized 
        architect, shall be the supervising architect for the 
        construction of the Center or any other architect subsequently 
        named by the State;
            (C) that the Director of the Hispanic Cultural Division 
        shall award the contract for architectural engineering and 
        design services in accordance with the New Mexico Procurement 
        Code; and
            (D) that the contract for the construction of the Center--
                (i) shall be awarded pursuant to a competitive bidding 
            process; and
                (ii) shall be awarded not later than 3 months after the 
            solicitation for bids for the construction of the Center.
        (3) Federal share.--The Federal share of the costs described in 
    subsection (c) shall be 50 percent.
        (4) Non-federal share.--The non-Federal share of the costs 
    described in subsection (c) shall be in cash or in kind fairly 
    evaluated, including plant, equipment, or services. The non-Federal 
    share shall include any contribution received by New Mexico for the 
    design, construction, furnishing, or equipping of Phase I or Phase 
    II of the New Mexico Hispanic Cultural Center complex prior to the 
    date of enactment of this section. The non-Federal share of the 
    costs described in subsection (c) shall include the following:
            (A) $16,410,000 that was appropriated by the New Mexico 
        legislature since January 1, 1993, for the planning, property 
        acquisition, design, construction, furnishing, and equipping of 
        the New Mexico Hispanic Cultural Center complex.
            (B) $116,000 that was appropriated by the New Mexico 
        legislature for fiscal year 1995 for the startup and operating 
        expenses of the New Mexico Hispanic Cultural Center.
            (C) $226,000 that was appropriated by the New Mexico 
        legislature for fiscal year 1996 for the startup and operating 
        expenses of the New Mexico Hispanic Cultural Center.
            (D) $442,000 that was appropriated by the New Mexico 
        legislature for fiscal year 1997 for the startup and operating 
        expenses of the New Mexico Hispanic Cultural Center.
            (E) $551,000 that was appropriated by the New Mexico 
        legislature for fiscal year 1998 for the startup and operating 
        expenses of the New Mexico Hispanic Cultural Center.
            (F) A 10.9-acre lot with a historic 22,000 square foot 
        building donated by the Mayor and City Council of Albuquerque, 
        New Mexico, to New Mexico for the New Mexico Hispanic Cultural 
        Center.
            (G) 12 acres of ``Bosque'' land adjacent to the New Mexico 
        Hispanic Cultural Center complex for use by the New Mexico 
        Hispanic Cultural Center.
            (H) The $30,000 donation by the Sandia National 
        Laboratories and Lockheed Martin Corporation to support the New 
        Mexico Hispanic Cultural Center and the program activities of 
        the New Mexico Hispanic Cultural Center.
    (e) Use of Funds for Design, Construction, Furnishing, and 
Equipment.--The funds received under a grant awarded under subsection 
(c) shall be used only for the design, construction, management, 
inspection, furnishing, and equipment of the Center.
    (f) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out this section a total of 
$17,800,000 for fiscal year 1998 and succeeding fiscal years. Funds 
appropriated pursuant to the authority of the preceding sentence shall 
remain available until expended.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.