[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1417 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
105th CONGRESS
  1st Session
                                S. 1417

_______________________________________________________________________

                                 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.

            Passed the Senate November 7, 1997.

            Attest:

                                                             Secretary.
105th CONGRESS

  1st Session

                                S. 1417

_______________________________________________________________________

                                 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.