[Congressional Record Volume 152, Number 133 (Wednesday, December 6, 2006)]
[House]
[Pages H8851-H8853]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
NATIONAL HISTORIC PRESERVATION ACT AMENDMENTS OF 2006
Mrs. DRAKE. Mr. Speaker, I move to suspend the rules and pass the
Senate
[[Page H8852]]
bill (S. 1829) to repeal certain sections of the Act of May 26, 1936,
pertaining to the Virgin Islands, as amended.
The Clerk read as follows:
S. 1829
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
TITLE I--SACRAMENTO-SAN JOAQUIN DELTA
SEC. 101. CALIFORNIA DELTA SUBVENTION.
(a) Authority.--The Secretary of the Interior, acting
through the Commissioner of Reclamation, shall deposit within
30 days of receipt, all funds under this title into the Fund
established by Cal. Water Code section 12300(a), to be used
for project reimbursement under Cal. Water Code section
12300(b)(1), as in effect before July 1, 2006.
(b) Administrative Costs.--The Bureau of Reclamation may
use not more than 1 percent of appropriated funds to cover
administrative and overhead costs.
(c) Authorization of Appropriations.--There are authorized
to carry out this section $10,000,000 for each of fiscal
years 2007 through 2012. Any amounts expended under this
subsection shall be considered to be nonreimbursable Federal
expenditures.
TITLE II--NATIONAL HISTORIC PRESERVATION ACT AMENDMENTS
SEC. 201. SHORT TITLE.
This title may be cited as the ``National Historic
Preservation Act Amendments of 2006''.
SEC. 202. HISTORIC PRESERVATION OFFICER RESPONSIBILITIES.
Section 101(b) of the National Historic Preservation Act
(16 U.S.C. 470a(b)) is amended by adding at the end the
following:
``(7) The State Historic Preservation Officer shall have no
authority to require an applicant for Federal assistance,
permit, or license to identify historic properties outside
the undertaking's area of potential effects as determined by
the Federal agency in accordance with the regulations
implementing section 106.
``(8) If the State Historic Preservation Officer, Tribal
representative, or Tribal Historic Preservation Officer fails
to respond within 30 days after an adequately documented
finding of `no historic properties affected' or `no adverse
effect' as provided in the regulations implementing section
106, the Federal agency may assume that the State Historic
Preservation Officer or Tribal Historic Preservation Officer
has no objection to the finding.''.
SEC. 203. ADDITIONAL CRITERIA FOR CERTIFICATION OF LOCAL
GOVERNMENTS TO CARRY OUT NATIONAL HISTORIC
PRESERVATION ACT.
Section 101(c)(1) of the National Historic Preservation Act
(16 U.S.C. 470a(c)(1)) is amended--
(1) by striking ``and'' at the end of subparagraph (D);
(2) by redesignating subparagraph (E) as subparagraph (F);
(3) by inserting after subparagraph (D) the following new
subparagraph:
``(E) agrees that it shall not use any eligibility
determination regarding the inclusion of any property or
District on the National Register to initiate local
regulatory requirements unless the entity provides full due
process protection to the owner or owners of the property or
District through a hearing process; and''; and
(4) in the matter below the subparagraphs, by striking
``through (E)'' and inserting ``through (F)''.
SEC. 204. HISTORIC PRESERVATION FUND.
Section 108 of the National Historic Preservation Act (16
U.S.C. 470h) is amended by striking ``2005'' and inserting
``2015''.
SEC. 205. ADVISORY COUNCIL ON HISTORIC PRESERVATION.
(a) Membership.--Section 201 of the National Historic
Preservation Act (16 U.S.C. 470i) is amended--
(1) in subsection (a)(4), by striking ``four'' and
inserting ``seven'';
(2) in subsection (b), by striking ``(5) and (6)'' and
inserting ``paragraph (6)''; and
(3) in subsection (f), by striking ``Nine'' and inserting
``Eleven''.
(b) Financial and Administrative Services.--Section 205(f)
of such Act (16 U.S.C. 470m(f)) is amended to read as
follows:
``(f) Financial and administrative services (including
those related to budgeting, accounting, financial reporting,
personnel and procurement) shall be provided the Council by
the Department of the Interior or, at the discretion of the
Council, such other agency or private entity that reaches an
agreement with the Council, for which payments shall be made
in advance or by reimbursement from funds of the Council in
such amounts as may be agreed upon by the Chairman of the
Council and the head of the agency or, in the case of a
private entity, the authorized representative of the private
entity that will provide the services. When a Federal agency
affords such services, the regulations of that agency for the
collection of indebtedness of personnel resulting from
erroneous payments, prescribed under section 5514(b) of title
5, United States Code, shall apply to the collection of
erroneous payments made to or on behalf of a Council
employee, and regulations of that agency for the
administrative control of funds under sections 1513(d) and
1514 of title 31, United States Code, shall apply to
appropriations of the Council. The Council shall not be
required to prescribe such regulations.''.
(c) Authorization of Appropriations.--Section 212(a) of the
Act (16 U.S.C. 470t(a)) is amended by striking ``for purposes
of this title not to exceed $4,000,000 for each fiscal year
1997 through 2005'' and inserting ``such amounts as may be
necessary to carry out this title''.
SEC. 206. EFFECTIVENESS OF FEDERAL GRANT AND ASSISTANCE
PROGRAMS IN MEETING PURPOSES AND POLICIES OF
THE NATIONAL HISTORIC PRESERVATION ACT.
The National Historic Preservation Act is amended by
inserting after section 215 (16 U.S.C. 470v-1) the following
new section:
``SEC. 216. EFFECTIVENESS OF FEDERAL GRANT AND ASSISTANCE
PROGRAMS.
``(a) Cooperative Agreements.--The Council may enter into a
cooperative agreement with any Federal agency that
administers a grant or assistance program for the purpose of
improving the effectiveness of the administration of such
program in meeting the purposes and policies of this Act.
Such cooperative agreements may include provisions that
modify the selection criteria for a grant or assistance
program to further the purposes of this Act or that allow the
Council to participate in the selection of recipients, if
such provisions are not inconsistent with the statutory
authorization and purpose of the grant or assistance program.
``(b) Review of Grant and Assistance Programs.--The council
may--
``(1) review the operation of any Federal grant or
assistance program to evaluate the effectiveness of such
program in meeting the purposes and policies of this Act;
``(2) make recommendations to the head of the Federal
agency that administers such program to further the
consistency of the program with the purposes and policies of
this Act and to improve its effectiveness in carrying out
those purposes and policies; and
``(3) make recommendations to the President and the
Congress regarding the effectiveness of Federal grant and
assistance programs in meeting the purposes and policies of
this Act, including recommendations with regard to
appropriate funding levels.''.
TITLE III--REPEAL OF CERTAIN LAWS PERTAINING TO THE VIRGIN ISLANDS
SEC. 301. REPEAL OF CERTAIN LAWS PERTAINING TO THE VIRGIN
ISLANDS.
(a) Repeal.--Sections 1 through 6 of the Act of May 26,
1936 (Chapter 450; 49 Stat. 1372-1373; 48 U.S.C. 1401-1401e),
are repealed.
(b) Effective Date.--This section shall be deemed to have
taken effect on July 22, 1954.
TITLE IV--NATIONAL PARK SYSTEM SPECIAL RESOURCE STUDY, NEWTONIA CIVIL
WAR BATTLEFIELDS, MISSOURI
SEC. 401. NATIONAL PARK SYSTEM SPECIAL RESOURCE STUDY,
NEWTONIA CIVIL WAR BATTLEFIELDS, MISSOURI.
(a) Special Resource Study.--The Secretary of the Interior
shall conduct a special resource study relating to the First
Battle of Newtonia in Newton County, Missouri, which occurred
on September 30, 1862, and the Second Battle of Newtonia,
which occurred on October 28, 1864, during the Missouri
Expedition of Confederate General Sterling Price in September
and October 1864.
(b) Contents.--In conducting the study under subsection
(a), the Secretary shall--
(1) evaluate the national significance of the Newtonia
battlefields and their related sites;
(2) consider the findings and recommendations contained in
the document entitled ``Vision Plan for Newtonia Battlefield
Preservation'' and dated June 2004, which was prepared by the
Newtonia Battlefields Protection Association;
(3) evaluate the suitability and feasibility of adding the
battlefields and related sites as part of Wilson's Creek
National Battlefield or designating the battlefields and
related sites as a unit of the National Park System;
(4) analyze the potential impact that the inclusion of the
battlefields and related sites as part of Wilson's Creek
National Battlefield or their designation as a unit of the
National Park System is likely to have on land within or
bordering the battlefields and related sites that is
privately owned at the time of the study is conducted;
(5) consider alternatives for preservation, protection, and
interpretation of the battlefields and related sites by the
National Park Service, other Federal, State, or local
governmental entities, or private and nonprofit
organizations; and
(6) identify cost estimates for any necessary acquisition,
development, interpretation, operation, and maintenance
associated with the alternatives referred to in paragraph
(5).
(c) Criteria.--The criteria for the study of areas for
potential inclusion in the National Park System contained in
section 8 of Public Law 91-383 (16 U.S.C. 1a-5) shall apply
to the study under subsection (a).
(d) Transmission to Congress.--Not later than three years
after the date on which funds are first made available for
the study under subsection (a), the Secretary shall submit to
the Committee on Resources of the House of Representatives
and the Committee on Energy and Natural Resources of the
Senate a report containing--
(1) the results of the study; and
(2) any conclusions and recommendations of the Secretary.
The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
Virginia (Mrs. Drake) and the gentlewoman from the Virgin Islands (Mrs.
Christensen) each will control 20 minutes.
The Chair recognizes the gentlewoman from Virginia.
[[Page H8853]]
Mrs. DRAKE. Mr. Speaker, with time quickly running out in the 109th
Congress, the Committee on Resources has amended this bill to package
several bills for consideration in the Senate.
Title I is the text of H.R. 6014 authored by Congressman Richard
Pombo, which aims to protect levees in the highly vulnerable
Sacramento-San Joaquin Delta in Central California. This bill passed
the House in September.
Title II is the text of H.R. 5861, authored by Congressman Stevan
Pearce, which strengthens and improves the operation of the National
Historic Preservation Act. This bill also passed the House in
September.
Title III, authored by Senator Pete Domenici and Congresswoman Donna
Christensen, amends the Organic Act which applies to the U.S. Virgin
Islands. The language, as reflected in both H.R. 59 and S. 1829, as
passed by the Senate on September 29 of this year, will allow the
Virgin Islands to control its property tax system. Currently, all other
States and territories have this ability, and for the many residents of
this territory it is important that we are able to move this provision
forward.
The last title includes the text of H.R. 5978, authored by
Congressman Roy Blunt. That bill authorizes the Secretary of the
Interior to conduct a special resource study to determine the
suitability and feasibility of including the battlefields and related
sites of the First and Second Battles of Newtonia, Missouri, during the
Civil War, as part of Wilson's Creek National Battlefield or
designating the battlefields and related sites as a separate unit of
the National Park System. All of these bills are worthy of our
consideration, and I ask for your support.
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, I rise in strong support of S. 1829,
companion legislation to one I introduced to repeal an outdated 1936
Federal statute which limits the authority of the Virgin Islands
government to assess and collect real property taxes in the territory.
I will note that the Senate approved this measure as a stand-alone
piece of legislation, but certain extraneous matters such as titles 1,
2, and 4 have been added to this bill by the Republican leadership
which will require it to be reconsidered by the Senate.
Mr. Speaker, it is crucial that we pass S. 1829, now title III, and
have it enacted into law before we adjourn for the year to prevent some
of my constituents from facing the very real risk of losing their homes
because the Virgin Islands government would not be able to provide them
protections from the sky-high property tax bills because of the 1936
statute.
That statute was enacted to address the tax policies of the Danish
era in the Virgin Islands. It was generally thought to have been
repealed by the enactment of the Revised Organic Act of 1954, which
created a comprehensive system within the local government with
sufficient legislative powers to resolve local property tax issues
without the need of Federal intervention.
S. 1829 and H.R. 59, which I introduced in the House, became
necessary because 2 years ago the Third Circuit Federal Court of
Appeals revived the 1936 statute, which requires that all real property
be taxed at the same rate without regard to classification or use.
This decision, among other things, struck down a local statute
capping the amount of any increase in the assessment of residential
real property and, therefore, any increase in the property tax owed in
any assessment period. It also prevents any exemptions for veterans and
other groups who ought to have such a benefit.
If the 1936 law is not now repealed by Congress, it will hinder the
exercise of the Virgin Islands government as conferred by the Revised
Organic Act to assess, administer, and collect real property taxes in
the Virgin Islands. Indeed, the 1936 statute puts at risk longstanding
government policies designed to develop the economy, promote social
welfare, and protect home ownership in the Virgin Islands. Without the
authority to limit such increases by capping such assessments or
similar methods commonly used by other jurisdictions, the now revived
1936 statute may have the anomalous result of pricing land and home
ownership beyond the reach of many Virgin Islanders. It has long
outlived its usefulness and now interferes with the Virgin Islands'
ability to perform an essential government function.
The assessment and collection of real property taxes is fundamentally
a local government issue with no Federal impact. No other State,
territorial or local government is subject to such Federal
restrictions.
Mr. Speaker, I would be remiss if I didn't point out my deep
disappointment of the fact that we are not voting on S. 1829 as a
stand-alone bill. By including additional items in the bill, it becomes
possible that the repeal of the 1936 statute could not become law
before Congress adjourns because of procedural complications in the
other body. I hope that is not the case, because it would be extremely
lamentable if, because of that result, many of my constituents would
receive very high tax bills this coming January and there would be no
way that they could afford to pay, and that could in fact mean the loss
of their homes. So I am calling on my colleagues, whose bills were
added to this otherwise simple but very significant measure, and the
leadership to work with me in the remaining day or days of this
Congress to save the American dream for their fellow Americans living
in the Virgin Islands who have, alongside citizens from all of the
other districts, served this country at every level, even to the
ultimate sacrifice in every war this country has fought.
Mr. Speaker, I yield back the balance of my time.
General Leave
Mrs. DRAKE. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days to revise and extend their remarks and include
extraneous materials on this bill.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from Virginia?
There was no objection.
Mrs. DRAKE. Mr. Speaker, I have no additional speakers, and I yield
back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from Virginia (Mrs. Drake) that the House suspend the rules
and pass the Senate bill, S. 1829, as amended.
The question was taken; and (two-thirds of those voting having
responded in the affirmative) the rules were suspended and the Senate
bill, as amended, was passed.
The title of the Senate bill was amended so as to read: ``An Act to
repeal certain sections of the Act of May 26, 1936, pertaining to the
Virgin Islands, and for other purposes.''.
A motion to reconsider was laid on the table.
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