[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1446 Reported in Senate (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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>     This Act may be cited as the ``California Missions 
Preservation Act''.</DELETED>

<DELETED>SEC. 2. FINDINGS.</DELETED>

<DELETED>     Congress finds the following:</DELETED>
        <DELETED>    (1) The California missions represent some of our 
        Nation's oldest historical treasures.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (3) The California missions contribute greatly to 
        the rich historical, cultural, and architectural heritage of 
        California and the American West.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 3. SUPPORT FOR THE RESTORATION AND PRESERVATION OF THE 
              CALIFORNIA MISSIONS.</DELETED>

<DELETED>    (a) Definitions.--In this section:</DELETED>
        <DELETED>    (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:</DELETED>
                <DELETED>    (A) Mission La Purisima Concepcion, 
                Lompoc.</DELETED>
                <DELETED>    (B) Mission La Soledad, Soledad.</DELETED>
                <DELETED>    (C) Mission San Antonio de Padua, 
                Jolon.</DELETED>
                <DELETED>    (D) Mission San Buenaventura, 
                Ventura.</DELETED>
                <DELETED>    (E) Mission San Carlos Borromeo del Rio 
                Carmelo, Carmel.</DELETED>
                <DELETED>    (F) Mission San Diego Alcala, San 
                Diego.</DELETED>
                <DELETED>    (G) Mission San Fernando Rey de Espana, 
                Mission Hills.</DELETED>
                <DELETED>    (H) Mission San Francisco de Asis, San 
                Francisco.</DELETED>
                <DELETED>    (I) Mission San Francisco Solano, 
                Sonoma.</DELETED>
                <DELETED>    (J) Mission San Gabriel Arcangel, San 
                Gabriel.</DELETED>
                <DELETED>    (K) Mission San Jose, Fremont.</DELETED>
                <DELETED>    (L) Mission San Juan Bautista, San Juan 
                Bautista.</DELETED>
                <DELETED>    (M) Mission San Juan Capistrano, San Juan 
                Capistrano.</DELETED>
                <DELETED>    (N) Mission San Luis Obispo de Tolosa and 
                its Asistencia (sub-mission) of Santa Margarita de 
                Cortona, San Luis Obispo.</DELETED>
                <DELETED>    (O) Mission San Luis Rey de Francia and 
                its Asistencia (sub-mission), Oceanside.</DELETED>
                <DELETED>    (P) Mission San Miguel Arcangel, San 
                Miguel.</DELETED>
                <DELETED>    (Q) Mission San Rafael Arcangel, San 
                Rafael.</DELETED>
                <DELETED>    (R) Mission Santa Barbara Virgen y Martir, 
                Santa Barbara.</DELETED>
                <DELETED>    (S) Mission Santa Clara de Asis, Santa 
                Clara.</DELETED>
                <DELETED>    (T) Mission Santa Cruz, Santa 
                Cruz.</DELETED>
                <DELETED>    (U) Mission Santa Ines Virgen y Martir, 
                Solvang.</DELETED>
                <DELETED>    (V) Asistencia San Antonio de Pala, 
                Pala.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (3) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) a status report on the condition of the 
        infrastructure and artifacts for each of the California 
        missions; and</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (d) Matching Fund Requirement.--The Secretary shall 
require the California Missions Foundation to match grant funds 
provided under this section.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

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