[Congressional Record Volume 153, Number 166 (Tuesday, October 30, 2007)]
[Senate]
[Pages S13581-S13586]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mrs. FEINSTEIN:
S. 2259. A bill to amend the Reclamation Wastewater and Groundwater
Study and Facilities Act to authorize the Secretary of the Interior to
participate in the Prado Basin Natural Treatment System Project, to
authorize the Secretary to participate in the Lower Chino Dairy Area
desalination demonstration and reclamation project, and for other
purposes; to the Committee on Energy and Natural Resources.
Mrs. FEINSTEIN. Mr. President, the urban demands we have placed on
our water supplies and ecosystem have resulted in significant water
shortages in communities across the Nation. Water quality and quantity
are in jeopardy if local, State, and Federal Governments do not support
the implementation of cost-effective projects that enhance and increase
potable water supplies.
Therefore, I am introducing this bill to authorize programs that will
facilitate a comprehensive water supply and watershed project in
southern California. Leaders and agencies across five counties in the
Santa Ana Region of southern California have partnered to develop a
comprehensive plan which addresses regional needs of their communities;
communities whose population exceeds 3 million citizens. These
communities are committed to leveraging over $1 billion in local and
State funds to match the Federal Government's investment. Similar
legislation has been introduced in the House of Representatives by
Representative Gary Miller, together with Representatives Ken Calvert,
David Dreier, Edward Royce, John Campbell, Dana Rohrabacher and Loretta
Sanchez.
Specifically, this bill would fund three distinct projects, which
together will help address water needs of 64,000 households and
increase the region's water supply by 31,000 acre-feet per year in an
environmentally sustainable manner.
[[Page S13582]]
This legislation could serve as a model for communities nationwide to
help meet the challenges imposed by decreasing snow pack and
precipitation and scarce potable water supplies that will be
exacerbated by climate change.
This bill would authorize the Federal Government to spend $10 million
on a cost shared basis to create wetlands along the Santa Ana River,
providing an expanded natural treatment system to purify the River
before it replenishes Orange County's groundwater supplies. Like all of
the projects in the plan, the construction of natural treatment systems
using wetlands minimizes the impacts on the environment, reduces carbon
emissions, and improves the quality of our groundwater supplies without
costly control technologies.
An authorization of $25 million in the expansion of groundwater
desalination in the Chino Basin would increase desalination from the
current 9,000 acre-feet per year to 40,000 acre-feet per year. This
element of the program would provide a new fresh drinking water supply
for Jurupa Community Services District, Santa Ana Mutual Water Company
in Riverside County, and the cities of Norco, Chino, Chino Hills, and
Ontario in San Bernardino County. These communities serve the needs of
millions of citizens.
Because the Santa Ana River watershed crosses multiple jurisdictions,
this legislation seeks to complement the ability to produce reclaimed
water in one area with expanded desalination projects in the
neighboring Chino Basin, providing a four-fold increase in the ability
to desalinate groundwater supplies. The Chino Basin groundwater
desalters will be the primary drinking water supply for over 40,000 new
homes in Riverside and San Bernardino Counties.
The Groundwater Replenishment System, which is expected to be fully
operational in just weeks, is the largest indirect potable reuse
project in the world. The focal point of the system is membrane
purification technology. Thus, $12 million is being requested to build
an advanced water filtration technologies research center to find
better, more cost-effective approaches to water purification as it
relates to municipal water supply needs.
This regional plan will decrease reliability on imported water
supplies from the Colorado River and California's deteriorating Bay-
Delta water supply system. It will also allow for banking millions of
gallons of water in our groundwater basin, protecting the region
against natural disasters that could disrupt the delivery of water to
Southern California from the fragile Delta and Colorado systems.
I am proud of the commitment our regional agencies have made to
develop a response to meet the current and future demands for water
supply. The regional plan has broad community support, solves multiple
water supply problems, reduces energy consumption, restores habitat,
and provides significant jobs and economic benefits to one of the
Nation's most densely populated areas. I look forward to timely
consideration of this legislation that could provide the road map to
solving water demands across the country.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 2259
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Santa Ana River Water Supply
Enhancement Act of 2007''.
SEC. 2. PRADO BASIN NATURAL TREATMENT SYSTEM PROJECT.
(a) In General.--The Reclamation Wastewater and Groundwater
Study and Facilities Act (Public Law 102-575, title XVI; 43
U.S.C. 390h et seq.) is amended by adding at the end the
following:
``SEC. 16__. PRADO BASIN NATURAL TREATMENT SYSTEM PROJECT.
``(a) In General.--The Secretary, in cooperation with the
Orange County Water District, shall participate in the
planning, design, and construction of natural treatment
systems and wetlands for the flows of the Santa Ana River,
California, and its tributaries into the Prado Basin.
``(b) Cost Sharing.--The Federal share of the cost of the
project described in subsection (a) shall not exceed 25
percent of the total cost of the project.
``(c) Limitation.--Funds provided by the Secretary shall
not be used for the operation and maintenance of the project
described in subsection (a).
``(d) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $10,000,000.
``(e) Sunset of Authority.--This section shall have no
effect after the date that is 10 years after the date of the
enactment of this section.''.
(b) Conforming Amendment.--The table of sections in section
2 of Public Law 102-575 is further amended by inserting after
the last item the following:
``16__. Prado Basin Natural Treatment System Project.''.
SEC. 3. LOWER CHINO DAIRY AREA DESALINATION DEMONSTRATION AND
RECLAMATION PROJECT.
(a) In General.--The Reclamation Wastewater and Groundwater
Study and Facilities Act (Public Law 102-575, title XVI; 43
U.S.C. 390h et seq.) is further amended by adding at the end
the following:
``SEC. 16__. LOWER CHINO DAIRY AREA DESALINATION
DEMONSTRATION AND RECLAMATION PROJECT.
``(a) In General.--The Secretary, in cooperation with the
Chino Basin Watermaster, the Inland Empire Utilities Agency,
and the Santa Ana Watershed Project Authority and acting
under the Federal reclamation laws, shall participate in the
design, planning, and construction of the Lower Chino Dairy
Area desalination demonstration and reclamation project.
``(b) Cost Sharing.--The Federal share of the cost of the
project described in subsection (a) shall not exceed--
``(1) 25 percent of the total cost of the project; or
``(2) $26,000,000.
``(c) Limitation.--Funds provided by the Secretary shall
not be used for operation or maintenance of the project
described in subsection (a).
``(d) Authorization of Appropriations.--There are
authorized to be appropriated such sums as are necessary to
carry out this section.
``(e) Sunset of Authority.--This section shall have no
effect after the date that is 10 years after the date of the
enactment of this section.''.
(b) Conforming Amendment.--The table of sections in section
2 of Public Law 102-575 is further amended by inserting after
the last item the following:
``16__. Lower Chino dairy area desalination demonstration and
reclamation project.''.
SEC. 4. CENTER FOR TECHNOLOGICAL ADVANCEMENT OF MEMBRANE
TECHNOLOGY AND EDUCATION.
(a) In General.--The Secretary of the Interior shall
establish at the Orange County Water District located in
Orange County, California, a center for the expressed
purposes of providing--
(1) assistance in the development and advancement of
membrane technologies; and
(2) educational support in the advancement of public
understanding and acceptance of membrane produced water
supplies.
(b) Management of Center.--
(1) Contracts.--In establishing the center, the Secretary
shall enter into contracts with the Orange County Water
District for purposes of managing such center.
(2) Plan.--Not later than 90 days after the date of
enactment of this section, the Secretary, in consultation
with the Orange County Water District, shall jointly prepare
a plan, updated annually, identifying the goals and
objectives of the center.
(c) Authorization of Appropriations.--There are authorized
to carry out subsections (a) and (b), $2,000,000, for each of
fiscal years 2008 through 2013. Such sums shall remain
available until expended.
(d) Report.--Not later than one year after the date of
enactment of this section and annually thereafter, the
Secretary, in consultation with the Orange County Water
District, shall provide a report to Congress on the status of
the center and its accomplishments.
(e) Sunset of Authority.--This section shall have no effect
after the date that is 10 years after the date of the
enactment of this section.
______
By Mr. KOHL (for himself, Mr. Biden, and Mrs. Clinton):
S. 2261. A bill to restore the rule that agreements between
manufacturers and retailers, distributors, or wholesalers to set the
minimum price below which the manufacturer's product or service cannot
be sold violates the Sherman Act; to the Committee on the Judiciary.
Mr. KOHL. Mr. President, I use today to introduce legislation
essential to consumers receiving the best prices on every product from
electronics to clothing to groceries. My bill, Discount Pricing
Consumer Protection Act, will restore the nearly century old rule that
it is illegal under antitrust law for a manufacturer to set a minimum
price below which a retailer cannot sell the manufacturer's product, a
practice known as ``resale price maintenance'' or ``vertical price
fixing''. Last June, overturning a 96-year-old precedent, a narrow 5-4
Supreme Court majority in the Leegin case incorrectly interpreted the
Sherman Act to overturn this basic
[[Page S13583]]
rule of the marketplace which has served consumers well for nearly a
century. My bill will correct this misinterpretation of antitrust law
and restore the per se ban on vertical price fixing.
The reasons for this legislation are compelling. Allowing
manufacturers to set minimum retail prices will threaten the very
existence of discounting and discount stores, and lead to higher prices
for consumers. For nearly a century the rule against vertical price
fixing permitted discounters to sell goods at the most competitive
price. Many credit this rule with the rise of today's low price,
discount retail giants--stores like Target, Best Buy, Walmart, and the
internet site Amazon, which offer consumers a wide array of highly
desired products at discount prices.
From my own personal experience in business I know of the dangers of
permitting vertical price fixing. My family started the Kohl's
department stores in 1962, and I worked there for many years before we
sold the stores in the 1980s. On several occasions, we lost lines of
merchandise because we tried to sell at prices lower than what the
manufacturer and our rival retailers wanted. For example, when we
started Kohl's and were just a small competitor to the established
retail giants, we had serious difficulties obtaining the leading brand
name jeans. The traditional department stores demanded that the
manufacturer not sell to us unless we would agree to maintain a certain
minimum price. Because they didn't want to lose the business of their
biggest customers, that jeans manufacturer acquiesced in the demands of
the department stores--at least until our lawyers told them that they
were violating the rule against vertical price fixing.
So I know first hand the dangers to competition and discounting of
permitting the practice of vertical price fixing. But we don't need to
rely on my own experience. For nearly 40 years until 1975 when Congress
passed the Consumer Goods Pricing Act, Federal law permitted States to
enact so-called ``fair trade'' laws legalizing vertical price fixing.
Studies the Department of Justice conducted in the late 1960s indicated
that prices were between 18-27 percent higher in the states that
allowed vertical price fixing than the states that had not passed such
``fair trade'' laws, costing consumers at least $2.1 billion per year
at that time.
Given the tremendous economic growth in the intervening decades, the
likely harm to consumers if vertical price fixing were permitted is
even greater today. In his dissenting opinion in the Leegin case,
Justice Breyer estimated that if only 10 percent of manufacturers
engaged in vertical price fixing, the volume of commerce affected today
would be $300 billion dollars, translating into retail bills that would
average $750 to $ 1,000 dollars higher for the average family of four
every year.
Defenders of the Leegin decision argue that today's giant retailers
such as Wal-Mart, Best Buy or Target can ``take care of themselves''
and have sufficient market power to fight manufacturer efforts to
impose retail prices. Whatever the merits of that argument, I am
particularly worried about the effect of this new rule permitting
minimum vertical price fixing on the next generation of discount
retailers. If new discount retailers can be prevented from selling
products at a discount at the behest of an established retailer worried
about the competition, we will imperil an essential element of retail
competition so beneficial to consumers.
In overturning the per se ban on vertical price fixing, the Supreme
Court in Leegin announced this practice should instead be evaluated
under what is known as the ``rule of reason.'' Under the rule of
reason, a business practice is illegal only if it imposes an
``unreasonable'' restraint on competition. The burden is on the party
challenging the practice to prove in court that the anti-competitive
effects of the practice outweigh its justifications. In the words of
the Supreme Court, the party challenging the practice must establish
the restraint's ``history, nature and effect.'' Whether the businesses
involved possess market power ``is a further, significant
consideration'' under the rule of reason.
In short, establishing that any specific example of vertical price
fixing violates the rule of reason is an onerous and difficult burden
for a plaintiff in an antitrust case. Parties complaining about
vertical price fixing are likely to be small discount stores with
limited resources to engage in lengthy and complicated antitrust
litigation. These plaintiffs are unlikely to possess the facts
necessary to make the extensive showing necessary to prove a case under
the ``rule of reason.'' In the words of FTC Commissioner Pamela Jones
Harbour, applying the rule of reason to vertical price fixing ``is a
virtual euphemism for per se legality.''
In July, our Antitrust Subcommittee conducted an extensive hearing
into the Leegin decision and the likely effects of abolishing the ban
on vertical price fixing. Both former FTC Chairman Robert Pitofsky and
current FTC Commissioner Harbour strongly endorsed restoring the ban on
vertical price fixing. Marcy Syms, CEO of the Syms discount clothing
stores, did so as well, citing the likely dangers to the ability of
discounters such as Syms to survive after abolition of the rule against
vertical price fixing. Ms. Syms also stated that ``it would be very
unlikely for her to bring an antitrust suit'' challenging vertical
price fixing under the rule of reason because her company ``would not
have the resources, knowledge or a strong enough position in the market
place to make such action prudent.'' Our examination of this issue has
produced compelling evidence for the continued necessity of a ban on
vertical price fixing to protect discounting and low prices for
consumers.
The Discount Pricing Consumer Protection Act will accomplish this
goal. My legislation is quite simple and direct. It would simply add
one sentence to Section 1 of the Sherman Act--the basic provision
addressing combinations in restraint of trade--a statement that any
agreement with a retailer, wholesaler or distributor setting a price
below which a product or service cannot be sold violates the law. No
balancing or protracted legal proceedings will be necessary. Should a
manufacturer enter into such an agreement it will unquestionably
violate antitrust law. The uncertainty and legal impediments to
antitrust enforcement of vertical price fixing will be replaced by
simple and clear legal rule--a legal rule that will promote low prices
and discount competition to the benefit of consumers every day.
In the last few decades, millions of consumers have benefited from an
explosion of retail competition from new large discounters in virtually
every product, from clothing to electronics to groceries, in both ``big
box'' stores and on the Internet. Our legislation will correct the
Supreme Court's abrupt change to antitrust law, and will ensure that
today's vibrant competitive retail marketplace and the savings gained
by American consumers from discounting will not be jeopardized by the
abolition of the ban on vertical price fixing. I urge my colleagues to
support this bill.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 2261
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Discount Pricing Consumer
Protection Act''.
SEC. 2. STATEMENT OF FINDINGS AND DECLARATION OF PURPOSES.
(a) Findings.--Congress finds the following:
(1) From 1911 in the Dr. Miles decision until June 2007 in
the Leegin decision, the Supreme Court had ruled that the
Sherman Act forbid in all circumstances the practice of a
manufacturer setting a minimum price below which any
retailer, wholesaler or distributor could not sell the
manufacturer's product (the practice of ``resale price
maintenance'' or ``vertical price fixing'').
(2) The rule of per se illegality forbidding resale price
maintenance promoted price competition and the practice of
discounting all to the substantial benefit of consumers and
the health of the economy.
(3) Many economic studies showed that the rule against
resale price maintenance led to lower prices and promoted
consumer welfare.
(4) Abandoning the rule against resale price maintenance
will likely lead to higher prices paid by consumers and
substantially harms the ability of discount retail stores to
compete. For 40 years prior to 1975, Federal law permitted
states to enact so-called ``fair trade'' laws allowing
vertical price fixing. Studies conducted by the Department of
Justice in the late 1960s indicated that retail
[[Page S13584]]
prices were between 18 and 27 percent higher in states that
allowed vertical price fixing than those that did not.
Likewise, a 1983 study by the Bureau of Economics of the
Federal Trade Commission found that, in most cases, resale
price maintenance increased the prices of products sold.
(5) The 5-4 decision of the Supreme Court majority in
Leegin incorrectly interpreted the Sherman Act and improperly
disregarded 96 years of antitrust law precedent in
overturning the per se rule against resale price maintenance.
(b) Purposes.--The purposes of this Act are--
(1) to correct the Supreme Court's mistaken interpretation
of the Sherman Act in the Leegin decision; and
(2) to restore the rule that agreements between
manufacturers and retailers, distributors or wholesalers to
set the minimum price below which the manufacturer's product
or service cannot be sold violates the Sherman Act.
SEC. 3. PROHIBITION ON VERTICAL PRICE FIXING.
(a) Amendment to the Sherman Act.--Section 1 of the Sherman
Act (15 U.S.C. 1) is amended by adding after the first
sentence the following: ``Any contract, combination,
conspiracy or agreement setting a minimum price below which a
product or service cannot be sold by a retailer, wholesaler,
or distributor shall violate this Act.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect 90 days after the date of enactment of this
Act.
______
By Mr. DOMENICI (for himself and Mrs. Clinton):
S. 2262. A bill to authorize the Preserve America Program and Save
America's Treasures Program, and for other purposes; to the Committee
on Energy and Natural Resources.
Mr. DOMENICI. Mr. President, I rise today to introduce the Preserve
America and Save America's Treasures Act to formally authorize two
important historic preservation programs--the Preserve America Program
and the Save America's Treasures Program. I am pleased to be joined in
this effort my colleague from New York, Senator Clinton.
Both the Preserve America Program and the Save America's Treasures
Program have demonstrated significant success nationwide. However, both
administration programs have relied solely on the will of the
appropriations process and currently lack the long-term stability
provided by formal authorization. This bill would authorize these two
important programs and provide for the protection of America's heritage
for years to come.
The Preserve America initiative was announced by First Lady Laura
Bush on March 3, 2003, and established by Executive Order 13287. The
initiative was developed in cooperation with a number of Federal agency
partners to encourage and support community efforts for the
preservation and enjoyment of our priceless cultural and natural
heritage. Since 2003, 549 cities in all 50 States have been designated
Preserve America Communities, and 140 of the Preserve America
Communities have received a combined total of $10 million to develop
sustainable resource management strategies and sound business practices
for the continued preservation and use of heritage assets.
The Save America's Treasures program began during the Clinton
administration as a national effort to protect our Nation's threatened
cultural treasures, including historic structures, collections, works
of art, maps and journals that document our heritage and to highlight
and preserve the history and culture of the U.S. The program was
established by Executive Order 13072 in February 1998. Save America's
Treasures was originally created as the centerpiece of the White House
National Millennium Commemoration, and as a public-private partnership
that included the White House, the National Park Service and the
National Trust for Historic Preservation. From 1998 through 2006, over
$300 million in Federal and private funding has been awarded for over
1,000 grants.
While both programs are nationwide in scope, I want to highlight the
fact that the Preserve America and Save America's Treasures programs
have also been very successful in my home State. Las Vegas and Silver
City, NM, have been designated Preserve America communities, and 15
Save America's Treasures grants worth nearly 5 million dollars have
been awarded over the years to entities throughout the State of New
Mexico for various historic preservation projects. From the Palace of
the Governor's Collections in Santa Fe to the Lincoln Historic
District, where the outlaw Billy the Kid participated in the Lincoln
County War, these programs have proved invaluable to preserving the
rich heritage of New Mexico.
I am proud to offer this bill to authorize these two important
historic preservation programs. I hope my colleagues will join with me
in approving the Preserve America and Save America's Treasures Act.
I ask unanimous consent that the text of the bill be printed in the
Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 2262
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Preserve
America and Save America's Treasures Act''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I--PRESERVE AMERICA PROGRAM
Sec. 101. Purpose.
Sec. 102. Definitions.
Sec. 103. Establishment.
Sec. 104. Designation of Preserve America Communities.
Sec. 105. Regulations.
Sec. 106. Authorization of appropriations.
TITLE II--SAVE AMERICA'S TREASURES PROGRAM
Sec. 201. Purpose.
Sec. 202. Definitions.
Sec. 203. Establishment.
Sec. 204. Regulations.
Sec. 205. Authorization of appropriations.
TITLE I--PRESERVE AMERICA PROGRAM
SEC. 101. PURPOSE.
The purpose of this title is to authorize the Preserve
America Program, including--
(1) the Preserve America grant program within the
Department of the Interior;
(2) the recognition programs administered by the Advisory
Council on Historic Preservation; and
(3) the related efforts of Federal agencies, working in
partnership with State, tribal, and local governments and the
private sector, to support and promote the preservation of
historic resources.
SEC. 102. DEFINITIONS.
In this title:
(1) Council.--The term ``Council'' means the Advisory
Council on Historic Preservation.
(2) Heritage tourism.--The term ``heritage tourism'' means
the conduct of activities to attract and accommodate visitors
to a site or area based on the unique or special aspects of
the history, landscape (including trail systems), and culture
of the site or area.
(3) Program.--The term ``program'' means the Preserve
America Program established under section 103(a).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 103. ESTABLISHMENT.
(a) In General.--There is established in the Department of
the Interior the Preserve America Program, under which the
Secretary, in partnership with the Council, shall provide
competitive grants to States, local governments (including
local governments in the process of applying for designation
as Preserve America Communities under section 104), Indian
tribes, communities designated as Preserve America
Communities under section 104, State historic preservation
offices, and tribal historic preservation offices to support
preservation efforts through heritage tourism, education, and
historic preservation planning activities.
(b) Eligible Projects.--
(1) In general.--The following projects shall be eligible
for a grant under this title:
(A) A project for the conduct of--
(i) research on, and documentation of, the history of a
community; and
(ii) surveys of the historic resources of a community.
(B) An education and interpretation project that conveys
the history of a community or site.
(C) A planning project (other than building rehabilitation)
that advances economic development using heritage tourism and
historic preservation.
(D) A marketing project that promotes and enhances the
visitor experience to a community.
(E) A training project that provides opportunities for
professional development in areas that would aid a community
in using and promoting its historic resources.
(F) A project to support heritage tourism in a Preserve
America Community designated under section 104.
(2) Limitation.--In providing grants under this title, the
Secretary shall only provide 1 grant to each eligible project
selected for a grant.
(c) Preference.--In providing grants under this title, the
Secretary may give preference to projects that carry out the
purposes of both the program and the Save America's Treasures
Program.
(d) Consultation and Notification.--
(1) Consultation.--The Secretary shall consult with the
Council in preparing the
[[Page S13585]]
list of projects to be provided grants for a fiscal year
under the program.
(2) Notification.--Not later than 30 days before the date
on which the Secretary provides grants for a fiscal year
under the program, the Secretary shall submit to the
Committee on Energy and Natural Resources of the Senate, the
Committee on Appropriations of the Senate, the Committee on
Natural Resources of the House of Representatives, and the
Committee on Appropriations of the House of Representatives a
list of any eligible projects that are to be provided grants
under the program for the fiscal year.
(e) Cost-Sharing Requirement.--
(1) In general.--The non-Federal share of the cost of
carrying out a project provided a grant under this title
shall be not less than 50 percent of the total cost of the
project.
(2) Form of non-federal share.--The non-Federal share
required under paragraph (1) shall be in the form of--
(A) cash; or
(B) donated supplies and related services, the value of
which shall be determined by the Secretary.
(3) Requirement.--The Secretary shall ensure that the non-
Federal share for an eligible project required under
paragraph (1) shall be available for expenditure before a
grant is provided to the eligible project under the program.
SEC. 104. DESIGNATION OF PRESERVE AMERICA COMMUNITIES.
(a) Application.--To be considered for designation as a
Preserve America Community, a community, tribal area, or
neighborhood shall submit to the Council an application
containing such information as the Council may require.
(b) Criteria.--To be designated as a Preserve America
Community under the program a community, tribal area, or
neighborhood that submits an application under subsection (a)
shall, as determined by the Council, in consultation with the
Secretary--
(1) protect and celebrate the heritage of the community,
tribal area, or neighborhood;
(2) use the historic assets of the community, tribal area,
or neighborhood for economic development and community
revitalization;
(3) encourage people to experience and appreciate local
historic resources through education and heritage tourism
programs; and
(4) meet any other criteria required by the Council.
(c) Guidelines.--The Council, in consultation with the
Secretary, shall establish any guidelines that are necessary
to carry out this section.
SEC. 105. REGULATIONS.
The Secretary shall develop any guidelines and issue any
regulations that the Secretary determines to be necessary to
carry out this title.
SEC. 106. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are
necessary to carry out this title.
TITLE II--SAVE AMERICA'S TREASURES PROGRAM
SEC. 201. PURPOSE.
The purpose of this title is to authorize within the
Department of the Interior the Save America's Treasures
Program, to be carried out by the Director of the National
Park Service, in partnership with National Endowment for the
Arts, the National Endowment for the Humanities, the
Institute of Museum and Library Services, the National Trust
for Historic Preservation, and the President's Committee on
the Arts and the Humanities.
SEC. 202. DEFINITIONS.
In this title:
(1) Collection.--The term ``collection'' means a collection
of intellectual and cultural artifacts, including documents,
sculpture, and works of art.
(2) Eligible entity.--The term ``eligible entity'' means a
Federal entity, State, local, or tribal government,
educational institution, or nonprofit organization.
(3) Historic property.--The term ``historic property'' has
the meaning given the term in section 301 of the National
Historic Preservation Act (16 U.S.C. 470w).
(4) Nationally significant.--The term ``nationally
significant'' means a collection or historic property that
meets the applicable criteria for national significance, in
accordance with regulations promulgated by the Secretary
pursuant to section 101(a)(2) of the National Historic
Preservation Act (16 U.S.C. 470a(a)(2)).
(5) Program.--The term ``program'' means the Save America's
Treasures Program established under section 203(a).
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the National
Park Service.
SEC. 203. ESTABLISHMENT.
(a) In General.--There is established in the Department of
the Interior the Save America's Treasures program, under
which the amounts made available to the Secretary under
section 205 shall be used by the Secretary, in consultation
with the National Endowment for the Arts, the National
Endowment for the Humanities, the Institute of Museum and
Library Services, the National Trust for Historic
Preservation, and the President's Committee on the Arts and
the Humanities, subject to subsection (f)(1)(B), to provide
grants to eligible entities for projects to preserve
nationally significant collections and historic properties.
(b) Determination of Grants.--Of the amounts made available
for grants under section 205, not less than 50 percent shall
be made available for grants for projects to preserve
collections and historic properties, to be distributed
through a competitive grant process administered by the
Secretary, subject to the eligibility criteria established
under subsection (e).
(c) Applications for Grants.--To be considered for a
competitive grant under the program an eligible entity shall
submit to the Secretary an application containing such
information as the Secretary may require.
(d) Collections and Historic Properties Eligible for
Competitive Grants.--
(1) In general.--A collection or historic property shall be
provided a competitive grant under the program only if the
Secretary determines that the collection or historic property
is--
(A) nationally significant; and
(B) threatened or endangered.
(2) Eligible collections.--A determination by the Secretary
regarding the national significance of collections under
paragraph (1)(A) shall be made in consultation with the
National Endowment for the Arts, the National Endowment for
the Humanities, the National Trust for Historic Preservation,
or the Institute of Museum and Library Services, as
appropriate.
(3) Eligible historic properties.--To be eligible for a
competitive grant under the program, a historic property
shall, as of the date of the grant application--
(A) be listed in the National Register of Historic Places
at the national level of significance; or
(B) be designated as a National Historic Landmark.
(e) Selection Criteria for Grants.--
(1) In general.--The Secretary shall not provide a grant
under this title to a project for an eligible collection or
historic property unless the project--
(A) eliminates or substantially mitigates the threat of
destruction or deterioration of the eligible collection or
historic property;
(B) has a clear public benefit; and
(C) is able to be completed on schedule and within the
budget described in the grant application.
(2) Preference.--In providing grants under this title, the
Secretary may give preference to projects that carry out the
purposes of both the program and the Preserve America
Program.
(3) Limitation.--In providing grants under this title, the
Secretary shall only provide 1 grant to each eligible project
selected for a grant.
(f) Consultation and Notification by Secretary.--
(1) Consultation.--
(A) In general.--Subject to subparagraph (B), the Secretary
shall consult with the National Endowment for the Arts, the
National Endowment for the Humanities, the Institute of
Museum and Library Services, the National Trust for Historic
Preservation, and the President's Committee on Arts and
Humanities in preparing the list of projects to be provided
grants for a fiscal year by the Secretary under the program.
(B) Limitation.--If an entity described in subparagraph (A)
has submitted an application for a grant under the program,
the entity shall be recused by the Secretary from the
consultation requirements under that subparagraph and
subsection (a).
(2) Notification.--Not later than 30 days before the date
on which the Secretary provides grants for a fiscal year
under the program, the Secretary shall submit to the
Committee on Energy and Natural Resources of the Senate, the
Committee on Appropriations of the Senate, the Committee on
Natural Resources of the House of Representatives, and the
Committee on Appropriations of the House of Representatives a
list of any eligible projects that are to be provided grants
under the program for the fiscal year.
(g) Cost-Sharing Requirement.--
(1) In general.--The non-Federal share of the cost of
carrying out a project provided a grant under this title
shall be not less than 50 percent of the total cost of the
project.
(2) Form of non-federal share.--The non-Federal share
required under paragraph (1) shall be in the form of--
(A) cash; or
(B) donated supplies or related services, the value of
which shall be determined by the Secretary.
(3) Requirement.--The Secretary shall ensure that each
applicant for a grant has the capacity and a feasible plan
for securing the non-Federal share for an eligible project
required under paragraph (1) before a grant is provided to
the eligible project under the program.
SEC. 204. REGULATIONS.
The Secretary shall develop any guidelines and issue any
regulations that the Secretary determines to be necessary to
carry out this title.
SEC. 205. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are
necessary to carry out this title.
(At the request of Mr. Reid, the following statement was ordered to
be printed in the Record.)
Mrs. CLINTON. Mr. President, I am proud to join Senator
Domenici to introduce the Preserve America and Save America's Treasures
Act. This legislation will formally authorize Save
[[Page S13586]]
America's Treasures and Preserve America for the first time.
Nearly 10 years ago, I helped create Save America's Treasures to
preserve and promote historic sites and artifacts across our country.
On February 2, 1998, President Clinton established Save America's
Treasures by Executive Order 13072. Save America's Treasures was
originally founded as the centerpiece of the White House National
Millennium Commemoration and as a public-private partnership that
included the White House, the National Park Service, and the National
Trust for Historic Preservation.
Save America's Treasures was envisioned as a 2-year commemorative
project that would illuminate the problem of our neglected heritage and
inspire Americans to help save the important treasures in their own
communities. Almost 10 years later and Save America's Treasures is
still going strong. This model public-private partnership has provided
critical support of bricks and mortar preservation projects in every
State and territory. These sites include such icons as the Star
Spangled Banner, the Old North Church, Mesa Verde, Valley Forge and the
last remaining architectural model of the World Trade Center. The list
also includes the Founding Father's Papers, the Acoma Pueblo, President
Lincoln's Cottage, and the Sewall Belmont House.
To help ensure that future generations will have an opportunity to
experience our past and understand our identity as a community and as a
nation, Save America's Treasure's has educated the public on
preservation problems facing the buildings, sites, monuments, objects
and documents that represent America's diverse cultural legacy, and it
has supported preservation of historic collections and properties.
The program also supports and advances the purposes and policies of
the national historic preservation program set forth by the Congress in
the National Historic Preservation Act of 1966.
The President and First Lady Bush have continued to keep the historic
preservation effort alive in America. President Bush announced the
Preserve America initiative through Executive Order 13287 on March 3,
2003 to promote the preservation of America's heritage by actively
advancing the protection, enhancement, and contemporary use of the
historic properties.
Through the Preserve America initiative, Americans gain greater
knowledge about our Nation's past, strengthened regional identities,
increased local participation in preserving the country's cultural and
natural heritage assets, and support for the economic vitality of our
communities.
The legislation that Senator Domenici and I have introduced will
formally authorize Preserve America and Save America's Treasures. Both
of these programs have relied solely on the will of the appropriations
process and lack the long-term viability provided by formal
authorization. Both programs have demonstrated significant on-the-
ground-results and are clearly worthy of authorized legislation to
institutionalize them for future generations.
Our legislation will authorize a competitive Save America's Treasures
grant program within the National Park Service in partnership with the
National Endowment for the Arts, the National Endowment for the
Humanities, the Institute of Museum and Library Services, and the
President's Committee on the Arts and the Humanities.
It will also authorize a competitive Preserve America grant program
within the Department of the Interior in cooperation with the Advisory
Council on Historic Preservation and other Federal agencies.
I am proud to be an original cosponsor of this legislation that will
help ensure that future generations will have an opportunity to
experience our past and understand the identity of our Nation. I thank
Senator Domenici for his leadership, and I hope my colleagues will join
with me in approving the Preserve America and Save America's Treasures
Act.
____________________