[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3981 Engrossed in House (EH)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
110th CONGRESS
  2d Session
                                H. R. 3981

_______________________________________________________________________

                                 AN ACT


 
To authorize the Preserve America Program and Save America's Treasures 
                    Program, 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; 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.

            Passed the House of Representatives July 8, 2008.

            Attest:

                                                                 Clerk.
110th CONGRESS

  2d Session

                               H. R. 3981

_______________________________________________________________________

                                 AN ACT

To authorize the Preserve America Program and Save America's Treasures 
                    Program, and for other purposes.