[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. ____________________