[Congressional Record Volume 153, Number 166 (Tuesday, October 30, 2007)]
[Senate]
[Pages S13584-S13586]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      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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