[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.

                          ____________________