[Congressional Record Volume 150, Number 132 (Wednesday, November 17, 2004)]
[House]
[Pages H9828-H9835]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
CALIFORNIA MISSIONS PRESERVATION ACT
Mr. GIBBONS. Mr. Speaker, I move to suspend the rules and concur in
the Senate amendment to the bill (H.R. 1446) 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.
The Clerk read as follows:
Senate amendment: Strike out all after the enacting clause
and insert:
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
[[Page H9829]]
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.).
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Nevada (Mr. Gibbons) and the gentlewoman from the Virgin Islands (Mrs.
Christensen) each will control 20 minutes.
The Chair recognizes the gentleman from Nevada (Mr. Gibbons).
General Leave
Mr. GIBBONS. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days within which to revise and extend their
remarks and include extraneous material on the bill now under
consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Nevada?
There was no objection.
Mr. GIBBONS. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, H.R. 1446, as amended, authorizes the Secretary of the
Interior to enter into a cooperative agreement with the California
Missions Foundation to support their effort to resolve and repair the
California missions and to preserve the artworks and artifacts
associated with the California missions.
Currently, the 21 California missions of the El Camino Real, or Royal
Highway, have had to rely on nominal entrance fees, sales from gift
shops, donations and special events to cover their operating expenses.
Unfortunately, these sources of income have not been enough to keep up
with the increasing structural needs of these aging missions that date
back to 1769, when Fray Junipero Serra founded Alta, California, the
first Spanish mission in California.
Today, over 5 million people annually visit the mission system, and
it is obvious to many that outside financial help is needed.
The California Missions Foundation, a charitable corporation
established in California in 1998, is dedicated to raising funds for
the ongoing preservation, restoration and maintenance needs of the
California missions to ensure that their historical legacy is kept
alive for future generations.
As part of the cooperative agreement process, the Secretary must
submit a proposed agreement to the Attorney General for a finding that
the agreement does not violate the establishment clause of the First
Amendment of the Constitution.
With that, Mr. Speaker, I urge adoption by all our colleagues of this
bill.
Mr. Speaker, I reserve the balance of my time.
Mrs. CHRISTENSEN. Mr. Speaker, I yield myself such time as I may
consume.
(Mrs. CHRISTENSEN asked and was given permission to revise and extend
her remarks.)
Mrs. CHRISTENSEN. Mr. Speaker, H.R. 1446 is a bipartisan proposal
which was introduced by the gentleman from California (Mr. Farr), our
colleague, which originally passed the House on October 20, 2003.
This bill has been returned to the House with a Senate amendment that
makes a number of changes to the bill. These changes do not detract
from the overall goal and direction of the legislation, and we do not
object to them.
The California missions are important historical and cultural
resources that preserve and interpret a rich and varied history of
exploration, conquest and settlement. The small grant program
authorized by H.R. 1446 will be used for secular purposes which
preserve those qualities of the missions that are historically and
culturally significant.
Mr. Speaker, we support the passage of H.R. 1446 as amended by the
House today.
Mr. Speaker, I reserve the balance of my time.
{time} 1615
Mr. GIBBONS. Mr. Speaker, I yield myself 5 minutes to enter into and
engage in a colloquy with the author of the bill, the gentleman from
California (Mr. Farr).
While I remain very supportive of this legislation and do support its
adoption, Mr. Speaker, I believe it is important to remember that we
are preserving buildings and structures that bring up uneasy memories
for many who live today in California. As was noted in a recent letter
to the editor which appeared in the San Francisco Chronicle, with the
help of Spain's soldiers, thousands of California's Indians became
slaves, directed by the friars to build the missions. After the
missions were built, beginning in 1769, the Indians were forbidden to
leave the mission boundaries. It is estimated that California's Indian
population was about 310,000 at the beginning of Spanish rule. At the
close of the 19th century, their population shrunk to approximately
100,000, largely due to the inhumane conditions under which the Indians
were forced to live while serving as slaves.
I would encourage the gentleman from California to request that the
Department of the Interior not lose sight of these facts when awarding
the grants authorized under this legislation. I believe it is important
that when the missions are refurbished that it is not just the bricks
and mortar which are restored, but also the truth. These facilities are
deserving of our help, but they also must be restored with the
acknowledgment of all those who suffered so that the missions
themselves could survive.
Mr. Speaker, I submit for the Record one of the letters to the editor
to which I earlier referred:
[From the San Francisco Chronicle, November 8, 2004]
The Dark, Terrible Secret of California's Mission
(By Elias Castillo)
Sometime soon, the House will give final consideration to
the California Mission Preservation Act, sponsored by Sen.
Barbara Boxer, D-Calif., providing $10 million to help
restore California's Roman Catholic Missions--those historic
sites where Franciscan friars and California's Indians
supposedly existed in gentle harmony.
In part, the act describes how ``the knowledge and cultural
influence of native California Indians made a lasting
contribution to the early settlements of California and the
development of the California missions.'' What the bill
utterly omits is that locked within the missions is a
terrible truth--that they were little more than concentration
camps where California's Indians were beaten, whipped,
maimed, burned, tortured and virtually exterminated by the
friars.
The California Indians, as the proposal says, did have a
culture, but they never got a chance to contribute it to
California. The Spanish crown decreed in the 1760s that the
Indians were to be rounded up, baptized into Christianity and
their culture destroyed. It was the same policy that Spain
had followed in eradicating the complex and advanced cultures
of the Mayans, Incas and Aztecs in Latin America.
In 1769, that near-genocidal policy was launched, under the
direction of Father Junipero Serra, with the founding of
California's first mission. One scholar, Robert Archibald,
has written that the missions were akin to the ``forced
movement of black people from Africa to the American South.''
With the help of Spain's soldiers, the Indians were herded to
the sites of the missions. Once there, they became slaves,
directed by the friars to build the missions. Once within the
mission boundaries, they were forever forbidden to leave. No
less an authority than the U.S. National Park Service has
documented and described the hellish and tragic fate of the
California Indians, especially the coastal tribes. They were
not warring tribes, but instead gentle harvesters who lived
in equilibrium with their land and seashore.
Their terrible fate at the hands of the Spanish and friars
was described by Jean Francois de Galaup de la Perouse, a
French explorer and sea voyager hired by the French
government to report on the western coastal areas of North
America. In 1786 he visited Mission San Carlos Borromeo in
the Monterey area and described the severe punishments
inflicted on the Indians. The friars, he determined,
considered the Indians ``too much a child, too much a slave,
too little a man.'' California historians Walton Bean and
James J. Rawls, described La Perouse as likening the missions
to the slave plantations of Santo Domingo.
Yet, the Indians did not easily accede to the cruel mission
life. They rebelled several times, in one instance burning
nearly all of
[[Page H9830]]
the buildings of Mission La Purisima in Santa Ynez. Historian
Robert F. Heizer attributed the flare-up to the ``flogging of
a La Purisma neophyte'' (as the Indians were called in the
missions).
In the late 1820s, Mexico rebelled against Spain and won
its independence. Within a decade, it also declared that the
missions had to vest half their property to the Indians while
the other half went to the friars and government officials.
It was the beginning of the end for the missions. By the late
19th century, the missions were in ruins, abandoned by the
friars who could not continue operating them without the
slave labor of the Indians, whose numbers had been decimated
by hard labor, starvation and disease. It is estimated that
California's Indian population was about 310,000 at the
beginning of Spanish rule. At the close of the 19th century,
they had been reduced to approximately 100,000.
Restoration of the missions was started at the beginning of
the 20th century by well-meaning persons who either ignored
the cruelties inflicted on the Indians or simply were unaware
of the horrors that had occurred within them. While enough
historians have accurately documented those terrible ordeals,
however, their findings are not well known. Visit any of the
missions and there is no mention of Indians being put in
stocks, whipped or chained. Instead, the usual description is
of friars and Indians living side by side in peaceful harmony
and happily helping each other.
The California Missions Preservation Act is expected to be
voted on soon. Besides the potential and obvious conflict of
its violating the constitutional separation of church and
state, there is the moral responsibility that if government
funds are to be used in restoring the missions, the granting
of those funds must be dependent on memorializing the
suffering of California's native people in the missions.
This nation has recently opened the National Museum of the
American Indian in Washington, D.C. It is a monument to the
Native Americans of North, Central and South America. The
existence of the museum mandates that the ordeal of
California's Indians cannot continue to be largely ignored
and forgotten. Too many Native Americans died within the
missions, which were supposed to be monuments to God's mercy,
forgiveness and benevolence.
The act must require that descriptions of the enslavement
of California's Indians within the missions and the horrible
ordeals they endured be clearly and visibly provided to all
visitors, America has not buried the shameful history of
slavery in its Southern states; instead, books have been
written and museums opened so that all may forever know of
the cruelties of that practice. Why then, should the shameful
history of the missions be hidden and ignored?
Additionally, the act must also require that funds be set
aside for research to be conducted on mission grounds for the
purpose of determining if mass graves of Indians exist within
them. While some missions have clearly marked graveyards set
aside for the friars, little knowledge exists of what
happened to the thousands of deceased Indians who toiled
within the missions. If sites are found containing the
remains of those Indians, those areas must then be clearly
marked for visitors and declared hallowed ground.
California and the nation cannot continue to look the other
way at what happened in the missions; it must confront that
awful specter and unveil it as a dark chapter of the state's
history. It does not matter that those vicious practices
occurred during Spanish rule. The missions are now revered as
beloved monuments. Their continued restoration must also
bring to light the most frightful chamber of their history.
Mr. FARR. Mr. Speaker, will the gentleman yield?
Mr. GIBBONS. I yield to the gentleman from California.
Mr. FARR. Mr. Speaker, I thank the gentleman for his comments, and I
agree with the serious issues raised by the gentleman from Nevada and
will contact the Secretary of the Interior by letter requesting that
the Department consider these facts when awarding a grant authorized by
this bill.
It is a sad fact that slavery has played such a role in our American
history, whether it be Native American or imported men and women who
were taken from their native lands. I find it refreshing, for example,
that the National Museum of the American Indian, our newest addition to
the Smithsonian system, is addressing the issue towards Native
Americans and making the public aware of what occurred as the United
States grew into a Nation. Until we come to grips with the issues and
all the various peoples affected by it, slavery will remain a dark
cloud in our history.
If the gentleman would indulge me further, I want to make sure that
our colleagues understand that there have been many positive editorials
in support of rehabilitating the California missions nationwide, and I
submit them for inclusion in the Record.
[From The Fresno Bee, Sept. 26, 2004]
Saving History: California's Aging Missions Need and Deserve Federal
Assistance
(Editorial)
In 1883, Walt Whitman wrote, ``We American have yet to
really learn our own antecedents. . . . Thus far, impress'd
by New England writers and schoolmasters, we tacitly abandon
ourselves to the notion that our United States have been
fashion'd from the British Islands only . . . which is a very
great mistake.''
He could have written that with California in mind.
The most obvious symbols of California's early history are
the 21 missions stretching from San Diego to Sonoma. The
first was founded at San Diego in 1769, the last in 1823.
More than 5 million people a year visit the missions, making
them California's most visited landmarks.
San Diego, Monterey, Los Angeles, Carmel, San Luis Obispo,
San Francisco, Santa Barbara, Santa Cruz, San Jose and others
began as missions.
Yet few know the history of Spain's New World venture.
Today it is literally crumbling from natural disasters such
as earthquakes, neglect and lack of funding, and even
thievery. In August 2003, a 205-year-old Indian-made violin
disappeared from the 1771 mission at San Antonio de Padua.
If we don't make a public commitment to preserve the
national heritage the missions represent, we'll lose them.
In Congress, the California Missions Preservation Act (H.R.
1446 S. 1306) is a start. After emerging from key Senate
committee, it appears headed for final approval. (The House
passed the bill last October, but it languished in the Senate
committee for unknown reasons.) The bill would provide $10
million in matching funds over five years to help restore and
repair California's Spanish missions and to preserve artwork
and artifacts. So far, the California Missions Foundation has
raised $3.4 million of the needed $10 million match.
Spain set about settling California in earnest after 1768
to prevent Russian and English encroachment.
Mountains and deserts made overland access difficult, so
the Spanish settled the coast. They raised horses, cattle and
sheep and tended orchards, and vineyards. Interaction with
Indians was marked by dynamic confrontation, conflict and
exchange--different in character from the westward expansion
of British eastern colonies.
California became a province of Mexico in 1821. The new
government secularized the missions, selling off some and
using others as barns and saloons. By the time the Untied
States won California in the war with Mexico, the missions
were decaying. President Lincoln returned them to the
Catholic Church, which still owns 19 of the 21.
Why can't California's 21 missions get status and a public
commitment like the San Antonio Missions National Historical
Park, established in Texas in 1978? Like California's
missions, San Antonio's remain active places of worship, but
their significance to the nation's heritage and use by the
general public are vital as well.
It's time California's missions are afforded the same
respect. Congress, along with private donors in the
community, can make that preservation happen--and not a
minute too soon.
____
[From The Modesto Bee, Oct. 5, 2004]
State's Missions Deserve Federal Support
(Editorial)
The most obvious symbols of California's early history are
the 21 missions stretching from San Diego to Sonoma. The
first was founded at San Diego in 1769, the last in 1823.
More than 5 million people a year visit the missions, making
them the most visited historic landmarks in California.
Today, some of that precious history is literally
crumbling--damaged by natural disasters, such as earthquakes;
neglect and lack of funding; and, worst of all, thievery. In
August 2003, a 205-year-old Indian-made violin disappeared
from the 1771 mission at San Antonio de Padua. If we don't
want to lose the national heritage represented by the
missions, we've got to make a public commitment to preserve
them.
In Congress, the California Missions Preservation Act (H.R.
1446/S. 1306) is a start. After emerging from a key Senate
committee, it appears headed for final approval. The bill
would provide $10 million in matching funds over five years
to help restore and repair California's Spanish missions and
to preserve artwork and artifacts. So far, the California
Missions Foundation has raised $3.4 million of the needed $10
million match.
Why can't California's chain of 21 missions get status and
a public commitment like the San Antonio Missions National
Historical Park, established in Texas in 1978? Like
California's missions, San Antonio's mission churches remain
active places of worship, but their significance to the
nation's heritage and use by the general public are vital as
well.
It's time California's missions are afforded the same
respect. Congress, along with private donors in the
community, can make that preservation happen--and not a
minute too soon.
[[Page H9831]]
____
[From the Sacramento Bee, Sept. 24, 2004]
Restoring History; Pass California Missions Preservation Act
(Editorial)
What is California's most defining historic landmark?
Sutter's Mill, the site of the gold discovery that led to the
1849 Gold Rush? Perhaps. But think again.
In 1883, Walt Whitman wrote, ``We Americans have yet to
really learn our own antecedents. . . . Thus far, impress'd
by New England writers and schoolmasters, we tacitly abandon
ourselves to the notion that our United States have been
fashion'd from the British Islands only . . . which is a very
great mistake.''
He could have written that with California in mind.
The most obvious symbols of California's early history are
the 21 missions stretching from San Diego to Sonoma. The
first was founded at San Diego in 1769, the last in 1823.
More than 5 million people a year visit the missions, making
them the most visited historic landmarks in California.
Today's coastal cities, from San Diego, Monterey, Los
Angeles, Carmel, San Luis Obispo, San Francisco, Santa
Barbara, Santa Cruz, San Jose and others began as Spanish
missions.
Yet few know the history of Spain's vast New World
venture--begun long before English settlement in America.
Today that history is literally crumbling--from natural
disasters such as earthquakes, neglect and lack of funding,
and, worst of all, thievery. In August 2003, a 205-year-old
Indian-made violin disappeared from the 1771 mission at San
Antonio de Padua.
If we don't want to lose the national heritage represented
by the missions, we've got to make a public commitment to
preserve them.
In Congress, the California Missions Preservation Act (H.R.
1446/S. 1306) is a start. After emerging from a key Senate
committee, it appears headed for final approval. (The House
passed the bill last October, but it languished in the Senate
committee for unknown reasons.) The bill would provide $10
million in matching funds over five years to help restore and
repair California's Spanish missions and to preserve artwork
and artifacts. So far, the California Missions Foundation has
raised $3.4 million of the needed $10 million match.
Spain set about settling California in earnest after 1768
to prevent Russian and English encroachment.
Mountains and deserts made overland access difficult, so
the Spanish settled the coast. They raised horses, cattle and
sheep and tended fruit orchards and vineyards. The
interaction between the Spanish and Indians was marked by
dynamic confrontation, conflict and exchange--different in
character from the westward expansion of British eastern
seabroad colonies.
When Spain lost its empire, California became a province of
independent Mexico in 1821. The new government secularized
the missions, selling off some of them and using others as
barns and saloons. By the time the United States won
California in the war with Mexico, the missions were
decaying. President Abraham Lincoln returned the missions to
the Catholic Church, which still owns 19 of the 21.
Why can't California's chain of 21 missions get status and
a public commitment like the San Antonio Missions National
Historical Park, established in Texas in 1978? Like
California's missions, San Antonio's mission churches remain
active places of worship, but their significance to the
nation's heritage and use by the general public are vital as
well.
It's time California's missions are afforded the same
respect. Congress, along with private donors in the
community, can make that preservation happen--and not a
minute too soon.
____
[From the Wall Street Journal, Sept. 9, 2004]
The Mission is Clear
(By Taylor Holliday)
San Miguel, CA--``Unsafe. Peligroso.'' This building ``has
been found to be seriously damaged and is unsafe to occupy,
says the sign on the door of Mission San Miguel Arcangel.
A small group of us don our hardhats and tiptoe inside one
of the most lovely of the 21 Spanish colonial missions that
gave birth to California coastal towns from San Diego to
Sonoma. It's the mission with the most authentic, intact
interior, its adobe walls adorned with colorful frescoes--
trompe l'oeil marble columns and the eye of god--painted by
the Salinan Indians in 1821 and untouched through the years
due to the mission's remote location 200 miles north of Los
Angeles.
It's also the mission--especially since the December
earthquake in nearby Paso Robles--most likely to come
crashing down at any moment. Chunks of adobe mingle with rat
droppings on the floor; water damage mars the painted wood
ceiling; centuries-old statues lie in pieces; and, most
ominously, makeshift braces hold up windows, archways and
walls.
``We were lucky that it didn't collapse,'' said Tina Foss,
museum director of Mission Santa Barbara and vice president
of the California Missions Foundation. ``Even before the
earthquake, [an engineer] told me that the walls were holding
up just by force of habit.''
San Miguel is the California mission in the worst shape.
Each mission must rely on its own resources--parishioner
contributions, bake sales--to meet expenses, and they have
little left over for major repairs, especially the
painstaking kind required for historic preservation. So
despite the fact that the missions attract more than five
million tourists a year, many have yet to be retrofitted to
withstand an earthquake; most operate as historical sites and
churches in varying states of disrepair and structural decay;
and none have the resources for safeguarding their priceless
collections of Spanish colonial and mission-era artworks and
artifacts.
Realizing how dire the situation is, a group led by Stephen
Hearst first started the nonprofit, nonsectarian California
Missions Foundation in 1998. (Great grandfather William
Randolph Hearst first came to the aid of the missions a
hundred years earlier.) Since then the foundation has been
struggling to raise the $50 million needed to rescue, repair
and preserve the structures and their art.
Founded between 1769 and 1823, the missions were Spain's
effort to colonize Alta California and Christianize the
Indians. With the missions came the farming, ranching,
winemaking, architecture and Hispanic culture that help
define the state to this day. Through two centuries, they
have survived disease (which killed many early Indian
converts who lived at the missions), earthquakes (which
necessitated extensive rebuilding in the early parts of both
the 19th and 20th centuries) and heavy use--as well as misuse
during a period when they were sold off by the newly
independent Mexico and used as barns, homes and saloons. (Not
long after California became part of the U.S. in 1848,
President Lincoln returned the missions to the Catholic
Church, which still owns 19 of them.)
Now they just have to survive the modern American political
process.
``The mind of preservation that buildings like this require
is so costly that it is beyond the reasonable expectation of
private owners, the Catholic Church, or even state parks
[which own two missions],'' says Ms. Foss. ``But if
a building is historically important enough to be a
landmark--all of the missions are California landmarks and
seven are national landmarks--then we are all responsible
for its preservation.''
``Public funding is critical,'' adds Knox Mellon, executive
director of the foundation, which so far has raised only $3
million from private sources. ``It will be the shot in the
arm that allows us to bring in matching funds from private
donors.''
Forty-nine of California's 53 U.S. representatives agreed,
sponsoring the bipartisan California Missions Preservation
Act, which passed the House in October 2003. In June of that
year, Barbara Boxer and Dianne Feinstein introduced the same
legislation in the Senate, calling for $10 million in
matching grants over five years to be administered by the
California Missions Foundation.
But the bill has since faced unexpected hurdles and is now
considered a ``controversial measure.'' At an Energy and
Natural Resources subcommittee hearing in March, first the
Americans United for Separation of Church and State objected
on the grounds that 19 of the 21 missions are active
churches--even though the bill clearly states that the
foundation will ensure that none of the money goes toward
religious operations. Then the Bush administration (the
National Park Service) went on record saying it does not
support earmarking limited historic preservation funds for
these specific purposes.
The bill's sponsors came back with an amendment stipulating
that the act would not take effect until the attorney general
ruled on the constitutionality of providing federal funds to
these landmark churches. Still the bill has gone nowhere,
unable to get a hearing in the full committee for reasons
known only to its chairman, Sen. Pete Domenici. And with this
session of Congress scheduled to adjourn Oct. 1, those who
care about the missions are holding their breath: If it
doesn't pass this Congress, they're back to square one.
And so the missions wait. For San Miguel, the earthquake
may turn out to be ``a blessing in disguise,'' says Father
Ray Tintle, the parish priest. FEMA did not come to its aid--
even though, as he notes, ``for every one hour the local
parish uses the facilities here, the public uses it 10 [for
nonreligious activities].'' But Mission San Miguel will at
least receive some insurance money--roughly $8 million of the
$20 million it needs to restore its church, museum and
adjacent quadrangle buildings, including a wing with (mostly)
original early 1800s living quarters.
As for other missions, all they can do at the moment is
hope for divine intervention. Despite having the ``finest
collections of Spanish colonial art in California,''
according to Ms. Foss--mostly Baroque and Neoclassical
paintings and statutes imported from Mexico and South
America, as well as silk vestments and historical documents--
mission museums can't provide the lighting, climate-control
or security the items need, much less the art conservation
they deserve.
So rare artworks will continue to deteriorate. And
treasures, like the 200-year-old Indian-made violin stolen
from Mission San Antonio de Padua, or the 30-pound hand-
carved tabernacle door taken from San Miguel, or the painting
cut out of its frame and the collection of Indian baskets
carried off from Mission Santa Barbara, will continue to
disappear, taking a little bit of California history with
them each time they do.
Mr. GIBBONS. Mr. Speaker, I reserve the balance of my time.
[[Page H9832]]
Mrs. CHRISTENSEN. Mr. Speaker, I yield 2 minutes to the gentleman
from Virginia (Mr. Scott).
Mr. SCOTT of Virginia. Mr. Speaker, I thank the gentlewoman for
yielding me this time.
California's 21 missions, which run along a 600-mile stretch of
highway from San Diego to Sonoma, are indeed historically significant
and contribute tremendously to the rich historical, cultural, and
architectural heritage of California and this country's westward
growth. At the same time we strive to preserve these historical
landmarks, we must also be careful to preserve religious liberty and
honor the establishment clause of the first amendment of the
Constitution.
Nineteen of the 21 missions that comprise California's historic
mission trail are currently owned by the Roman Catholic Church; they
operate as active parishes and hold regularly scheduled religious
services. There is a clear line of Supreme Court cases that address
government funding of improvement of real property for the direct
benefit of buildings used for religious purposes including worship,
sectarian service, or instruction.
Three Supreme Court decisions, Tilton v. Richardson in 1971, Hunt v.
McNair in 1973, and Committee For Public Education v. Nyquist in 1973,
make it clear that no government funds may be used to construct,
maintain, restore, or make capital improvements to physical structures
that are used as houses of worship, even if religious services are
infrequent.
H.R. 1446 contains a provision which requires that the purpose of any
grant under this act is secular, does not promote religion, and seeks
to protect qualities that are historically significant. It is therefore
clear that any grant or assistance provided under this act must also be
consistent with the Supreme Court decisions in this area of the law.
Mr. Speaker, I am submitting for inclusion in the Record at this
point a letter from Americans United for Separation of Church and
State, which raises questions about the issue I have just raised.
Preserve Religious Liberty: Oppose the California Missions Preservation
Act (H.R. 1446)
November 17, 2004.
Dear Representative: Americans United for Separation of
Church and State urges you to oppose the California Missions
Preservation Act, H.R. 1446, which we understand will be on
the floor of the House of Representatives today. Americans
United represents more than 70,000 individual members
throughout the fifty states and in the District of Columbia,
as well as cooperating houses of worship and other religious
bodies committed to preservation of religious liberty. This
bill is unconstitutional and would significantly erode key
church-state separation protections.
H.R. 1446 would authorize the Secretary of the Interior to
enter into agreements and make grants to the California
Missions Foundation to ``restore and repair'' the California
missions and the religious artwork and artifacts associated
with the missions. The bill would authorize a $10,000,000
appropriation for the 2004-2009 period to fund these goals.
The 21 missions comprising California's historic mission
trail were founded between 1769 and 1823. 19 of the 21
missions are owned by the Roman Catholic Church, operate as
active parishes, and have regularly scheduled religious
services. There is no doubt that California's 21 missions are
historically significant, and contribute greatly to the rich
historical, cultural and architectural heritage of California
and the American West. Although we recognize that
preservation of these historic buildings is important, we
strongly believe that the preservation of Americans'
constitutional rights is vital. In short, the California
Missions Preservation Act would violate the First Amendment
by forcing taxpayers nationwide to pay for church repairs,
even repairs and restoration of facilities with active
congregations.
Under the bill, government funding will flow to houses of
worship for capital improvements in violation of the
Constitution. Time after time, the United states Supreme
Court has required that no government funds be used to
maintain, restore, or make capital improvements to physical
structures that are used as houses of worship, even if
religious services are infrequent. Three Supreme Court
decisions (Tilton v. Richardson, 403 U.S. 672 (1971), Hunt v.
McNair, 413 U.S. 734 (1973), Committee for Public Education
v. Nyquist, 413 U.S. 756 (1973)) make clear that it is
unconstitutional to allow federal grants for capital
improvements of structures devoted to worship or religious
instruction, and all three of these decisions remain binding
law on all government entities.
The illegality of the proposal to fund the California
missions is exacerbated when one considers the issue of
government directly funding religious icons. Because one of
the objectives of the California Missions Foundation is to
preserve the Spanish colonial and mission-era artworks and
artifacts of the California missions, and because the bill
specifically authorizes federal funds to be used to preserve
the artworks and artifacts associated with the California
missions, the Secretary of the Interior would be empowered to
provide government money specifically to maintain or restore
religious artifacts and icons associated with devotional and
worship activities at the missions, a result that would be
clearly unconstitutional.
We are fully aware of the historical and cultural
significance of the California missions. However, it is
essential for Congress to maintain our nation's commitment to
safeguarding religious liberty for all Americans. Nineteen of
the 21 California missions are churches, not just museums,
and are still used for religious services. The repair and
upkeep of the missions, therefore, must be paid for by those
who worship there or by other interested individuals or
private organizations through voluntary contributions. The
House of Representatives should refrain from passing this
blatantly unconstitutional bill.
If you have any questions regarding this legislation or
would like further information on any other issue of
importance to Americans United, please contact Aaron D.
Schuham, Legislative Director, at (202) 466-3234, extension
240.
Sincerely,
Rev. Barry W. Lynn,
Executive Director.
Mr. GIBBONS. Mr. Speaker, I reserve the balance of my time.
Mrs. CHRISTENSEN. Mr. Speaker, I yield 6 minutes to the gentleman
from California (Mr. Farr), the sponsor of the bill.
Mr. FARR. Mr. Speaker, I thank the gentlewoman for yielding me this
time, and I thank my colleagues for speaking in support.
I want to respond first of all to the comments of the gentleman from
Virginia (Mr. Scott). In the bill it says: ``The Secretary shall ensure
that the purpose of any grant or financial assistance provided by the
Secretary to the Foundation under this Act is secular, does not promote
religion, and seeks to protect qualities that are historically
significant.''
This is a private foundation separate from the church and raises
money separately from the church, so we are trying to assure here there
is no benefit to the church from the restoration efforts.
Let me rise in support of this bill, the California Missions
Preservation Act. Interestingly enough, one of the statues in Statuary
Hall is that of Father Serra, and in his hand is a replica of the
Carmel mission, just a few blocks from my home.
This legislation has been cosponsored by 48 of my California
colleagues in the House of Representatives. Both Senators sponsored
similar legislation on their side of the Capitol. I again want to thank
the efforts of the chairman of the committee, the gentleman from
California (Mr. Pombo), and the gentleman from West Virginia (Mr.
Rahall) for moving this legislation today, as well as the principal
cosponsors, the gentleman from California (Mr. Dreier).
Mr. Speaker, H.R. 1446 passed the House under suspension by a voice
vote on October 20, 2003, and then passed the Senate almost a full year
later after it was amended by unanimous consent on October 10, 2004.
All 21 missions are California registered historical landmarks. Seven
of the missions have Federal status as national historic places. And
one of the two changes made by the other body is that the remaining 14
must be recognized before that particular mission would be eligible for
receiving funding.
The second change made by the other body was that the Secretary of
the Interior must enter into a cooperative agreement with the
California Missions Foundation, and the U.S. Attorney General must
issue a finding that the proposed agreement does not violate the
establishment clause of the first amendment of the Constitution
regarding the separation of church and state.
I am fortunate to have five of the 21 missions in my district,
extending along the coast of California on the El Camino Real: Santa
Cruz; San Juan Bautista; La Soledad; San Antonio de Padua; and in my
hometown of Carmel, San Carlos Borromeo del Rio Carmelo, known as the
Cathedral in the Wilderness.
The California missions represent a historic vein running through our
State from south to north. They also symbolize the east to the west,
the exploration that expanded our Nation to its four corners.
[[Page H9833]]
Mr. Speaker, as I mentioned when this bill was originally brought to
the floor, so much of the west coast's earliest expansion has been
overshadowed in history. In 1768, King Carlos III saw Russia and
England as threats to Spain's claim of Alta California, and ordered
troops and missionaries to colonize new territory. In 1769, Commander
Don Gaspar de Portola, Sergeant Jose Francisco de Ortega, and Fray
Junipero Serra departed with troops and supplies for San Diego from
Baja California, on May 13, and established on July 16 Alta
California's first mission, San Diego de Alcala.
Twenty missions followed, with the final missions in the chain
established in Sonoma in 1823. Of all the institutions that define
California's heritage, none has the historic significance and emotional
impact of the chain of Spanish missions that stretches from San Diego
to Sonoma.
The missions are an important part of the State's cultural fabric and
must be preserved as priceless historic monuments. They are a living
link to our past. The missions stand as landmarks of more than 2
centuries and are recognized for the important impact they have had on
the development of California, including art, architecture,
agriculture, food, music, language, apparel, and recreation.
The missions help drive tourism, the State's third largest industry.
These iconic symbols of California are the most visited historic
attractions in the State, attracting over 5.3 million visitors a year.
They account for a sizable contribution to the State's economy from
millions of tourists, including a large number of international
visitors.
They have become synonymous with the State's fourth grade curriculum.
Students build mission models and write research reports as part of
California history lessons. This serves as an important education
function in teaching young students about the role of missions in the
history of our State and our Nation.
Four 230 years, the missions have stood as symbols of Western
exploration and settlement. Time, natural deterioration, and neglect
have taken a heavy toll on the missions. Some are crumbling and at risk
of full destruction. Most need preservation and seismic work to restore
their antique beauty and bring them up to modern safety. Without
immediate repairs, these centuries-old structures could be lost. The
need is urgent and near crisis proportions.
Mr. Speaker, I rise in support of H.R. 1446, the California Missions
Preservation Act. This bipartisan legislation has been cosponsored by
48 of my California colleagues in the House of Representatives and both
Senators sponsored similar legislation on their side of the Capitol.
I again want to thank the efforts of Chairman Pombo and Mr. Rahall
for moving this legislation today, as well as, the principal cosponsor
Chairman Dreier.
Mr. Speaker, H.R. 1446 passed the House under suspension by voice
vote October 20th 2003 and then passed in the Senate almost a full year
later after it was amended by Unanimous Consent on October 10th 2004.
All 21 missions are California Registered Historical Landmarks; seven
of the missions have the federal status of National Historical Places
and as one of two changes made by the other body the remaining 14 must
be recognized before that particular Mission will be eligible to
receive funding.
The second change made in the other body was that the Secretary of
Interior must enter into a cooperative agreement with the California
Missions Foundation and the U.S. Attorney General must issue a finding
that the proposed agreement does not violate the establishment clause
of the first amendment of the Constitution regarding the separation of
church and state.
I am fortunate to have five of the 21 Missions in my district,
extending along the coast of California on the El Camino Real: Santa
Cruz, San Juan Bautista, La Soledad, San Antonio de Padua, and in my
hometown of Carmel, San Carlos Borromeo del Rio Carmelo known as the
``Cathedral in the Wilderness''.
The California missions represent an historic vein running through
our state, from south to north. And, they also symbolize the east to
west exploration that expanded our nation to its four corners.
Mr. Speaker, as I mentioned when this bill was originally brought to
the floor so much of the west coast's earliest expansion has been
overshadowed in history.
In 1768 King Carlos III saw Russia and England as threats to Spain's
claim on Alta California and Ordered troops and missionaries to
colonize the new territory.
In 1769 Commander Don Gaspar de Portola, Sergeant Jose Francisco de
Ortega, and Fray Junipero Serra departed with troops and supplies for
San Diego from Baja California May 13 and established on July 16th Alta
California's first mission--San Diego de Alcala.
Twenty missions followed with the final missions in the chain
established in Sonoma in 1823.
Of all the institutions that define California's heritage, none has
the historic significance and emotional impact of the chain of Spanish
missions that stretch from San Diego to Sonoma.
The missions are an important part of the state's cultural fabric and
must be preserved as priceless historic monuments; they are a living
link to our past.
The missions stand as landmarks of more than two centuries and are
recognized for their important impact they have had on the development
of California including art, architecture, agriculture, food, music,
language, apparel and recreation.
The missions help drive tourism--the state's third largest industry.
These iconic symbols of California are the most visited historic
attractions in the state, attracting over 5.3 million visitors a year.
They account for a sizable contribution to the state economy from
millions of tourists, including a large number of international
visitors.
And they have become synonymous with the state's fourth grade
curriculum: Students build mission models and write research reports as
part of California history lessons. This serves as an important
education function in teaching young students about the role of the
missions in the history of our state and our nation.
For 230 years, the missions have stood as symbols of Western
exploration and settlement. Time, natural deterioration and neglect
have taken a heavy toll on the missions. Some are Rotting roofs.
Cracking tiles. Crumbling adobe. The backlog of needed repairs is long.
The price tag is high. And the message is clear. The California
missions need our help. Now.
H.R. 1446 will provide an important step toward addressing some of
the most severe problems the missions are facing. This legislation
provides authorization for funding of $10 million over five years, in
partnership with the State of California and the California Missions
Foundation's statewide funding campaign.
Under this legislation, the process requires that each mission submit
a list to the Foundation of its most urgent preservation needs. All
mission repairs and restoration projects are reviewed, approved and
supervised by professionals qualified in the disciplines of history,
history archeology, architectural history, planning, architecture,
folklore, cultural anthropology, curation, conservation, landscape
architecture or related fields.
Projects must be accomplished in accordance with the applicable
Secretary of Interior's Standards for the Treatment of Historical
Properties.
All repairs and capital improvements must have competitive bids which
the Foundation's Funding Review Committee reviews. The Foundation Board
of Directors assesses the proposals and has final approval of all
restoration projects funded. The missions are required to submit timely
progress reports and accounting to the Foundation on all projects
funded.
Since the Spanish friars and native peoples joined together in the
building of these settlements, the land we call California has been
shaped and influenced by what they accomplished in that most ambitious
undertaking.
From the vineyards of Sonoma to the ranches of Santa Barbara to the
adobe arcades and red tile roofs of San Diego, the California missions
have left their mark on who we are and what we have become.
Passage today presents us with the opportunity to address the needs
of the missions and to preserve an integral part of our nation's
history and the heritage of the west that combines with the east to
make these truly united states.
Mr. GIBBONS. Mr. Speaker, I continue to reserve the balance of my
time.
Mrs. CHRISTENSEN. Mr. Speaker, I yield 3 minutes to the gentlewoman
from California (Mrs. Capps).
Mrs. CAPPS. Mr. Speaker, I thank my colleague for yielding me this
time, and I rise today to support the California Missions Preservation
Act. I also want to thank our colleague, the gentleman from California
(Mr. Farr), the gentleman from California (Mr. Dreier), and the
gentleman from California (Mr. Pombo) for their assistance, and the
leadership of our chairman as well in moving this legislation. I also
want to thank our Senators, Barbara Boxer and Diane Feinstein, for
helping to get this bill successfully through the Senate.
[[Page H9834]]
Mr. Speaker, California's missions are instantly recognizable as
symbols of our States's rich history and cultural heritage, but they
are also some of the oldest structures in North America and an integral
part of our Nation's heritage, and so they deserve our Federal support.
Our State's missions are in dire need of structural attention and
major rehabilitation. Natural deterioration and neglect have taken a
heavy toll on these missions. Some are crumbling and are at risk. Most
need preservation and seismic work to restore their antique beauty and
to bring them up to modern safety standards. Without immediate repairs,
centuries-old buildings and artifacts could be lost to a major
earthquake or a flood.
For example, at Mission Santa Barbara in my congressional district,
often called the Queen of the Missions, $1.5 million is needed now to
repair adobe columns that are turning to salt.
Keeping California's missions together will require about $50 million
in structural repair work and another $11 million to renovate art works
and accommodate visitors. The primary goal of this legislation is to
restore and repair the missions and to preserve the art works and
artifacts associated with them.
Mr. Speaker, I thank my colleague, the gentleman from California (Mr.
Farr), for giving us the history of what the missions have meant to our
State. As every California school child learns, the missions have
shaped the future of California. They were among the first European
settlements in our region and formed a chain along the coast from San
Diego to Sonoma.
With respect to our colleague from Nevada and his concerns about
chapters of history that the missions were associated with, I would
submit that preserving the missions gives us an opportunity to preserve
that sorry chapter of our Nation's history and to learn from those
lessons so that we do not repeat them.
The missions are also among the State's most frequently visited
historic sites, attracting more than 5.5 million tourists each year,
contributing greatly to our State's economy.
Mr. Speaker, I am pleased to be part of this important effort on
behalf of California's missions. This long overdue effort is
encouraging in that the entire California congressional delegation has
responded with such enthusiasm about this bill.
Again, I want to thank my colleagues for supporting it and urge its
immediate passage.
Mrs. CHRISTENSEN. Mr. Speaker, I yield 3 minutes to the gentlewoman
from California (Ms. Woolsey).
{time} 1630
Ms. WOOLSEY. Mr. Speaker, I rise in support of H.R. 1446, the
California Missions Preservation Act. I would like to thank the
gentleman from California (Mr. Farr) for introducing this bill, and I
am proud to be an original cosponsor.
The California missions provide an important part of California's
past, and their history can be traced to 1493. The Sixth District of
California, located across the Golden Gate Bridge from San Francisco,
is the district I am so pleased to represent. We are fortunate to have
one of these missions, the San Raphael Mission and another, the Sonoma
Mission, is just outside of my district.
The San Raphael Mission was originally built in 1817 as an outpost
chapel of the San Francisco Mission. Named for Saint Raphael, the angel
of bodily healing, it was thought that the sunny hillside on the north
side of the bay would be a good place for the sick to convalesce. In
only 5 years, it became a healthy settlement, and on October 19, 1822,
it became an independent mission. After it was secularized, the mission
fell into ruin, and 32 years later the original mission was torn down.
But in 1947 a new mission was built near the original site, based on a
painting of the old mission.
The San Francisco Solano Mission, founded in 1823 in Sonoma County,
was the last and most northerly of the 21 Franciscan missions of Alta
California. Sonoma Mission, as it is properly called, was the dedicated
goal of the young and zealous Padre Jose Altimira. He headed into the
northern wilderness to find a more healthy location for a mission than
the crowded San Francisco area. In Sonoma Valley he found his ideal
location, with fertile soil and mild, sunny climate.
Secularization of the mission in 1834 was followed by neglect and
decay. In 1881, the church and padres' quarters were sold and used as a
hay barn, winery and blacksmith shop. However, the mission was rescued
from disintegration in 1903 when it was bought by the Historic
Landmarks League and turned over to the State. Full restoration began
in 1911.
There is still so much more to do to restore these historic
treasures. Mr. Speaker, it is important that we save these missions so
they can pass on their history to future generations. I urge my
colleagues to join me in support of this bill.
Mr. SCHIFF. Mr. Speaker, I rise today in support of the Senate
Amendments to the California Missions Preservation Act. I am a co-
sponsor of this bill, and I am pleased that we are sending it to the
White House before we adjourn.
Because of this legislation, important historical sites in California
will be better preserved for future generations of Americans to enjoy
and learn about our state's rich heritage.
I am proud to represent in my district the Mission San Gabriel
Arcangel. This is the fourth of twenty-one missions established in
California during the Spanish colonial era.
Orginally founded in 1771 in present-day Montebello, it was moved in
1776 to what is now San Gabriel. Built by the Franciscans and Native
American Gabrielenos, the Mission San Gabriel Arcangel would become
what famed Spanish missionary Junipero Serra would call ``The Pride of
the Missions.''
The government eventually changed from Spanish to Mexican, then from
Mexican to American. In the early 20th Century, control of the Mission
would eventually go to the Claretian Missionaries with the Dominican
Sisters of Mission San Jose providing education at the parish school.
Yet the Mission would always be an integral part of the community, a
jewel of the southland, a wondrous remnant from the first of many who
built the greater Los Angeles area into a world-class destination.
Today, the Mission is set amount a large, diverse and gracious
community. Local residents still seek spiritual guidance there, and
cactus garden. The Mission thrives as a source of pride among residents
of the San Gabriel Valley, and I pleased that Congress is recognizing
the importance of protecting this and other Missions.
Ms. LORETTA SANCHEZ of California. Mr. Speaker, I rise today in
strong support of H.R. 1446, the California Missions Protection Act. I
thank my colleague from California, Mr. Farr, for his continued role in
preserving the Golden State's wonderful treasures. I also thank our
distinguished California colleagues in the other chamber for their
leadership and support in pushing this bill through the Senate.
The missions inspired by Father Junipero Serra are a favorite
destination for millions of people around the world. These historical
monuments are a symbol of Catholicism, and the early efforts to unify
Native Americans with the Spanish settlers. We admire the missions as a
sanctuary, a place of worship, and a symbol of American History.
In 1769, Father Serra erected Mission San Diego Alcala. This would be
the first of 21 historic missions built along the beautiful Pacific
coastline. The missions have been a significance part of California's
culture for over two centuries. Even Pope John Paul II, recognizing the
significance of Father Serra, blessed these missions in his visit to
the San Carlos Borromeo de Carmelo Mission in 1987.
The citizens of Orange County treasure our local mission, Mission San
Juan Capistrano. Created in 1776, it continues to be used as a place of
peace and worship. We consider ourselves fortunate to experienced the
Serra Chapel, the only building left in which Father Serra gave mass.
We watch in delight every year as the world famous swallows return to
their summer home.
Unfortunately, after two centuries of wear and tear, as well as
numerous earthquakes, much of the infrastructure of these buildings is
deteriorating. It is our interest,for the sake of preservinga piece of
American History, that we put forth the effort to restore these elegant
buildings and artifacts.
Again, I thank the Honorable Sam Farr for his efforts to restore
California's treasures. I am proud to support his efforts, and the
efforts of so many others to protect and preserve the Missions of
California.
[[Page H9835]]
Mrs. CHRISTENSEN. Mr. Speaker, I have no further requests for time,
and I yield back the balance of my time.
Mr. GIBBONS. Mr. Speaker, I have no further requests for time, and I
yield back the balance of my time.
The SPEAKER pro tempore (Mr. Terry). The question is on the motion
offered by the gentleman from Nevada (Mr. Gibbons) that the House
suspend the rules and concur in the Senate amendment to the bill, H.R.
1446.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the Senate amendment was
concurred in.
A motion to reconsider was laid on the table.
____________________