[House Report 106-915]
[From the U.S. Government Publishing Office]



106th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     106-915

======================================================================



 
HISTORICALLY WOMEN'S PUBLIC COLLEGES OR UNIVERSITIES HISTORIC BUILDING 
                    RESTORATION AND PRESERVATION ACT

                                _______
                                

 September 29, 2000.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

  Mr. Young of Alaska, from the Committee on Resources, submitted the 
                               following

                              R E P O R T

                             together with

                            ADDITIONAL VIEWS

                        [To accompany H.R. 4503]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 4503) to provide for the preservation and restoration of 
historic buildings at historically women's public colleges or 
universities, having considered the same, report favorably 
thereon with an amendment and recommend that the bill as 
amended do pass.
  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Historically Women's Public Colleges 
or Universities Historic Building Restoration and Preservation Act''.

SEC. 2. DEFINITIONS.

  In this Act:
          (1) Historically women's public college or university.--The 
        term ``historically women's public college or university'' 
        means a public institution of higher education created in the 
        United States between 1884 and 1908 to provide industrial 
        education for women, including the institutions listed in 
        clauses (i) through (vii) of section 3(d)(2)(A).
          (2) Historic building or structure.--The term ``historic 
        building or structure'' means a building or structure listed 
        (or eligible to be listed) on the National Register of Historic 
        Places, designated as a National Historic Landmark, or located 
        within a designated historic district.
          (3) Secretary.--The term ``Secretary'' means the Secretary of 
        the Interior.

SEC. 3. PRESERVATION AND RESTORATION GRANTS FOR HISTORIC BUILDINGS AND 
                    STRUCTURES AT HISTORICALLY WOMEN'S PUBLIC COLLEGES 
                    OR UNIVERSITIES.

  (a) Authority To Make Grants.--
          (1) In general.--From amounts made available under paragraph 
        (2), the Secretary shall award grants in accordance with this 
        section to historically women's public colleges or universities 
        for the preservation and restoration of historic buildings and 
        structures on their campuses.
          (2) Source of funding.--Grants under paragraph (1) shall be 
        awarded from amounts appropriated to carry out the National 
        Historic Preservation Act (16 U.S.C. 470 et seq.) for fiscal 
        years 2001 through 2005.
  (b) Grant Conditions.--Grants made under subsection (a) shall be 
subject to the condition that the grantee agree, for the period of time 
specified by the Secretary, that--
          (1) no alteration will be made in the property with respect 
        to which the grant is made without the concurrence of the 
        Secretary; and
          (2) reasonable public access to the property for which the 
        grant is made will be permitted by the grantee for interpretive 
        and educational purposes.
  (c) Matching Requirement for Buildings and Structures Listed on the 
National Register of Historic Places.--
          (1) In general.--Except as provided by paragraph (2), the 
        Secretary may obligate funds made available under this section 
        for a grant with respect to a building or structure listed on 
        the National Register of Historic Places, designated as a 
        National Historic Landmark, or located within a designated 
        historic district, only if the grantee agrees to provide for 
        activities under the grant, from funds derived from non-Federal 
        sources, an amount equal to 50 percent of the costs of the 
        program to be funded under the grant with the Secretary 
        providing 50 percent of such costs under the grant.
          (2) In-kind contributions.--In addition to cash outlays and 
        payments, in-kind contributions of property or personnel 
        services by non-Federal interests may be used for the non-
        Federal share of costs required by paragraph (1).
  (d) Funding Provisions.--
          (1) Amounts to be made available.--Not more than $14,000,000 
        for each of the fiscal years 2001 through 2005 may be made 
        available under this section.
          (2) Allocations for fiscal year 2001.--
                  (A) In general.--Of the amounts made available under 
                this section for fiscal year 2001, there shall be 
                available only for grants under subsection (a) 
                $2,000,000 for each of the following:
                          (i) Mississippi University for Women in 
                        Colombus, Mississippi.
                          (ii) Georgia College and State University in 
                        Milledgeville, Georgia.
                          (iii) University of North Carolina in 
                        Greensboro, North Carolina.
                          (iv) Winthrop University in Rock Hill, South 
                        Carolina.
                          (v) University of Montevallo in Montevallo, 
                        Alabama.
                          (vi) Texas Woman's University in Denton, 
                        Texas.
                          (vii) University of Science and Arts of 
                        Oklahoma in Chickasha, Oklahoma.
                  (B) Less than $14,000,000 available.--If less than 
                $14,000,000 is made available under this section for 
                fiscal year 2001, then the amount made available to 
                each of the institutions listed in subparagraph (A) 
                shall be reduced by the same amount.
          (3) Allocations for fiscal years 2002-2005.--Any funds which 
        are made available during fiscal years 2002 through 2005 under 
        subsection (a)(2) shall be distributed by the Secretary in 
        accordance with the provisions of subparagraphs (A) and (B) of 
        paragraph (2) to those grantees named in paragraph (2)(A) which 
        remain eligible and desire to participate, on a uniform basis, 
        in such fiscal years.
  (e) Regulations.--The Secretary shall promulgate such regulations as 
are necessary to carry out this Act.

                          PURPOSE OF THE BILL

    The purpose of H.R. 4503 is to provide for the preservation 
and restoration of historic buildings at historically women's 
public colleges or universities.

                  BACKGROUND AND NEED FOR LEGISLATION

    Beginning in 1884, seven institutions became established as 
industrial schools for women. These institutions are the 
Mississippi University for Women, the University of Montevallo 
in Alabama, Georgia College and State University, Winthrop 
University in South Carolina, the University of North Carolina 
at Greensboro, Texas Women's University, and the University of 
Science and Arts of Oklahoma. These seven institutions have 
remained open, providing a liberal arts education for both men 
and women. Despite their continued use, many of the structures 
located on these campuses are facing destruction or closure 
because preservation funds are not available.
    As ordered reported by the Committee on Resources, H.R. 
4503 would provide funding for the preservation of historic 
buildings at the seven historically women's public colleges or 
universities identified above. Funding would originate from the 
National Historic Preservation Fund and would be distributed in 
equal amounts to the seven institutions. The bill also requires 
a 50 percent matching contribution from non-federal sources and 
assures that alterations in properties using the funds are 
subject to approval from the Secretary of the Interior and 
reasonable public access for interpretive and educational 
purposes. In addition, in-kind contributions of property or 
personnel services by non-federal sources may be considered as 
a share of the matching requirement.

                            COMMITTEE ACTION

    H.R. 4503 was introduced by Congressman Charles (Chip) 
Pickering (R-MS) on May 19, 2000. The bill was referred to the 
Committee on Resources, and within the Committee to the 
Subcommittee on National Parks and Public Lands. On September 
7, 2000, the Subcommittee held a hearing on the bill. On 
September 20, 2000, the Full Committee met to consider the 
bill. The Subcommittee on National Parks and Public Lands was 
discharged from further consideration of the bill by unanimous 
consent. Congressman James V. Hansen (R-UT) offered an 
amendment in the nature of a substitute which was adopted by 
voice vote. The bill, as amended, was then ordered favorably 
reported to the House of Representatives by voice vote.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Resources' oversight findings and recommendations 
are reflected in the body of this report.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact this bill.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. Government Reform Oversight Findings. Under clause 
3(c)(4) of rule XIII of the Rules of the House of 
Representatives, the Committee has received no report of 
oversight findings and recommendations from the Committee on 
Government Reform on this bill.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget:

                                     U.S. Congress,
                               Congressional Budget Office,
                                Washington, DC, September 27, 2000.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 4503, the 
Historically Women's Public Colleges or Universities Historic 
Building Restoration and Preservation Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).

H.R. 4503--Historically Women's Public Colleges or Universities 
        Historic Building Restoration and Preservation Act

    Summary: H.R. 4503 would authorize the appropriation of $14 
million annually over the 2001-2005 period for matching grants 
to seven colleges and universities. Those institutions, which 
were created to provide education for women, would each be 
eligible to receive $2 million annually from the Historic 
Preservation Fund (HPF) for one-half of the cost of restoring 
historic buildings on their campuses. CBO estimates that 
appropriation of the authorized amounts would result in outlays 
of $53 million over the 2001-2005 period.
    The legislation would not affect direct spending or 
receipts; therefore, pay-as-you-go procedures would not apply. 
H.R. 4503 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA). 
State and local governments might incur some costs to match the 
federal funds authorized by this bill, but any such costs would 
be voluntary.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 4503 is shown in the following table. 
The costs of this legislation fall within budget function 300 
(natural resources and environment).

----------------------------------------------------------------------------------------------------------------
                                                      By fiscal year, in millions of dollars--
                                   -----------------------------------------------------------------------------
                                        2000         2001         2002         2003         2004         2005
----------------------------------------------------------------------------------------------------------------
                                        SPENDING SUBJECT TO APPROPRIATION

HPF Spending Under Current Law:
    Budget Authority \1\..........           75           77           78           79           80           82
    Estimated Outlays.............           72           75           78           77           79           80
Proposed Changes:
    Authorization Level...........            0           14           14           14           14           14
    Estimated Outlays.............            0            4            8           13           14           14
Spending Under H.R. 4503:
    Authorization Level...........           75           91           91           93           94           96
    Estimated Outlays.............           72           79           86           90           93           94
----------------------------------------------------------------------------------------------------------------
\1\ The 2000 level is the amount appropriated for that year from the Historic Preservation Fund. For fiscal
  years 2001-2005, the amounts shown are equal to the CBO baseline for this account, assuming annual adjustments
  for anticipated inflation.

    Basis of estimate: Assuming appropriation of the authorized 
amounts and the availability of nonfederal funds to match 
federal grants, CBO estimates that the National Park Service 
would obligate a total of $14 million a year to the seven 
eligible schools in fiscal years 2001 through 2005. Estimated 
outlays are based on spending patterns for other grants from 
the HPF. For this estimate, we assume that these grants would 
be in addition to other amounts appropriated from that fund.
    Pay-as-you-go considerations: None.
    Intergovernmental and private-sector impact: H.R. 4503 
contains no intergovernmental or private-sector mandates as 
defined in UMRA.
    Estimate prepared by: Federal Costs: Deborah Reis. Impact 
on State, Local, and Tribal Governments: Marjorie Miller. 
Impact on the Private Sector: Lauren Marks.
    Estimate approved by: Robert A. Sunshine, Assistant 
Director for Budget Analysis.

                    compliance with public law 104-4

    This bill contains no unfunded mandates.

               preemption of state, local, or tribal law

    This bill is not intended to preempt State, local, or 
tribal law.

                        changes in existing law

    If enacted, this bill would make no changes in existing 
law.

                            ADDITIONAL VIEWS

    H.R. 4503 earmarks up to $70 million over five years from 
the Historic Preservation Fund for grants to 7 public colleges 
and universities, most located in the Southeast, which were 
originally founded to serve women. The grantees would be 
required to provide a 50% match and the funds could be used to 
restore historic buildings and structures. The schools would 
divide the money equally. We fully support historic 
preservation in general, and could support aid to historically 
women's colleges and universities for the preservation of 
historic structures on their campuses. However, we have serious 
concerns regarding the approach taken in this legislation.
    Under current law, the Secretary of the Interior is 
authorized to make grants from the Historic Preservation Fund, 
based on statutory criteria, to states or local governments to 
preserve the precise sites or buildings that would receive 
funding under this legislation. Since these sites are eligible 
under current law, the effect of H.R. 4503 is to single out 
these 7 specific schools, all located in a particular part of 
the country, and move them up to the front of the line by 
fencing off $14 million a year that must bypass the Secretary 
and go directly to these schools. The bill sets out no criteria 
for why these schools need these funds and makes no distinction 
between the schools themselves.
    Furthermore, while we are considering legislation to 
earmark $14 million for these schools from the Historic 
Preservation Fund, the House-passed version of the FY 2001 
Interior Appropriations bill contains just $41.3 million total 
for historic preservation. If the House funding level were to 
become law, these seven schools would receive roughly one third 
of all historic preservation funds nation-wide.
    Finally, this legislation includes no standards which 
explain how these seven schools were selected. There are nearly 
80 women's colleges and universities in the United States and 
it is unclear why these seven schools are deserving of this 
earmarked funding and the other women's schools are not.
    If the historic sites on these campuses are deserving of 
historic preservation funding, the relevant state or locality 
should apply for such funding under the current system. The 
kind of earmarks contained in this legislation undermine our 
historic preservation efforts and work to benefit a small group 
of schools unfairly.

                                   George Miller.
                                   Carlos Romero-Barcelo.
                                   Dale E. Kildee.
                                   Owen Pickett.
                                   Cal Dooley.
                                   Rush Holt.

                                  
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