[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.

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