[House Report 110-738]
[From the U.S. Government Publishing Office]



110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     110-738

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



 
           PRESERVE AMERICA AND SAVE AMERICA'S TREASURES ACT

                                _______
                                

  July 8, 2008.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Rahall, from the Committee on Natural Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 3981]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Natural Resources, to whom was referred the 
bill (H.R. 3981) to authorize the Preserve America Program and 
Save America's Treasures Program, and for other purposes, 
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; 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 III--GENERAL PROVISIONS

Sec. 301. Prohibition on funding certain activities.

                   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, may 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 training project that provides opportunities 
                for professional development in areas that would aid a 
                community in using and promoting its historic 
                resources.
                  (E) A project to support heritage tourism in a 
                Preserve America Community designated under section 
                104.
                  (F) Other nonconstruction projects that identify or 
                promote historic properties or provide for the 
                education of the public about historic properties that 
                are consistent with the purposes of this Act.
          (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 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 each 
        applicant for a grant has the capacity to secure, 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. 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, meet criteria required by the 
Council and, in addition, consider--
          (1) protection and celebration of the heritage of the 
        community, tribal area, or neighborhood;
          (2) use of the historic assets of the community, tribal area, 
        or neighborhood for economic development and community 
        revitalization; and
          (3) encouragement of people to experience and appreciate 
        local historic resources through education and heritage tourism 
        programs.
  (c) Local Governments Previously Certified for Historic Preservation 
Activities.--The Council shall establish an expedited process for 
Preserve America Community designation for local governments previously 
certified for historic preservation activities under section 101(c)(1) 
of the National Historic Preservation Act (16 U.S.C. 470a(c)(1)).
  (d) 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 is authorized to be appropriated to carry out this title 
$25,000,000 for each of fiscal years 2009, 2010, 2011, 2012 and 2013, 
to remain available until expended.

               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--
          (1) the National Endowment for the Arts;
          (2) the National Endowment for the Humanities;
          (3) the Institute of Museum and Library Services;
          (4) the National Trust for Historic Preservation;
          (5) the National Conference of State Historic Preservation 
        Officers;
          (6) the National Association of Tribal Historic Preservation 
        Officers; and
          (7) 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 organizations described in section 
201, 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 
        organizations described in section 201, 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 organizations 
                described in section 201 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 is authorized to be appropriated to carry out this title 
$50,000,000 for each fiscal year, to remain available until expended.

                     TITLE III--GENERAL PROVISIONS

SEC. 301. PROHIBITION ON FUNDING CERTAIN ACTIVITIES.

  None of the funds provided pursuant to this Act may be used to study 
or establish a National Heritage Area or fund a National Heritage Area 
management entity.

                          PURPOSE OF THE BILL

    The purpose of H.R. 3981 is to authorize the Preserve 
America Program and Save America's Treasures Program, and for 
other purposes.

                  BACKGROUND AND NEED FOR LEGISLATION

    The Save America's Treasures (SAT) Program was created by 
Executive Order in 1998 and is jointly administered by the 
National Park Service and the National Trust for Historic 
Preservation. The program provides matching grants, funded 
through the Historic Preservation Fund, to eligible recipients 
to restore historic artifacts or structures. Since its 
inception, more than 1,000 SAT grants totaling nearly $290 
million have been awarded in all fifty states, the District of 
Columbia and Puerto Rico. Approximately 70 percent of those 
grants have gone to preserve historic structures while 30 
percent have gone to museum collections. In 2008, the SAT 
program received $24.6 million but the Administration has 
proposed cutting that figure to $15 million for fiscal year 
2009.
    The Preserve America (PA) Program was created by Executive 
Order in 2003 and is administered jointly by the National Park 
Service and the Advisory Council on Historic Preservation. 
Rather than funding ``bricks and mortar,'' PA grants are 
available to ``help local communities develop sustainable 
resource management strategies and sound business practices for 
the continued preservation and use of historic assets.'' Only 
State or Tribal Historic Preservation Offices, certified local 
governments, and designated Preserve America Communities are 
eligible for PA grants. Like the SAT program, these grants are 
also funded through the Historic Preservation Fund. In 2008, 
$7.3 million was appropriated for the PA Program but the 
Administration has proposed increasing that amount to $10 
million for the upcoming fiscal year.
    H.R. 3981, sponsored by Representative Brad Miller (D-NC), 
would permanently authorize both the Save America's Treasures 
and Preserve America Programs. As introduced, the legislation 
does not make significant changes to the operation of either 
program.

                            COMMITTEE ACTION

    H.R. 3981 was introduced on October 29, 2007 by 
Representative Brad Miller (D-NC). The bill was referred to the 
Committee on Natural Resources, and within the Committee to the 
Subcommittee on National Parks, Forests and Public Lands. The 
Subcommittee held a hearing on H.R. 3981 on April 24, 2008, at 
which the Administration testified in strong support of the 
legislation.
    On June 11, 2008, the Subcommittee was discharged from 
further consideration of the legislation and the Full Natural 
Resources Committee met to consider the bill. Subcommittee 
Chairman Raul Grijalva (D-AZ) offered an amendment in the 
nature of a substitute to conform H.R. 3981 to the version of 
the legislation ordered to be reported by the Senate Energy and 
Natural Resources Committee on May 7, 2008. The amendment in 
the nature of a substitute made several technical changes to 
the legislation, provided a larger role in the grant selection 
process for State Historic Preservation Officers and capped 
authorization for appropriations for both programs. 
Subcommittee Ranking Member Rob Bishop (R-UT) offered two 
amendments, en bloc. The Bishop en bloc amendment limited the 
authorization of appropriations for the Preserve America 
Program to five years and prohibited funds from either program 
from being used to ``study or establish a National Heritage 
Area or fund a National Heritage Area management entity.'' The 
Bishop en bloc amendment was adopted by voice vote. The 
Grijalva substitute, as amended, was then agreed to by voice 
vote. The bill, as amended, was then ordered favorably reported 
to the House of Representatives by voice vote.

                      SECTION-BY-SECTION ANALYSIS

Section 1. Short title; table of contents

    Section 1 provides that the bill may be cited as the 
``Preserve America and Save America's Treasures Act,'' and 
includes a table of contents.

Section 101. Purpose

    This section states that the purpose of Title I of H.R. 
3981 is to authorize the Preserve America Program.

Section 102. Definitions

    This section defines the terms to be used in Title I.

Section 103. Establishment

    This section establishes the Preserve America Program 
within the Department of the Interior, to be managed in 
partnership with the Advisory Council on Historic Preservation. 
The section goes on to list eligible recipients and projects 
and establish procedures for carrying out the grant program.
    The Preserve America and Save America's Treasures grant 
programs expand the funding available for projects to protect 
and enhance the Nation's heritage. The Committee realizes these 
programs are supplemental to the baseline activities of State 
Historic Preservation Offices (SHPOs) and Tribal Historic 
Preservation Offices (THPOs) which carry out the mandates of 
the National Historic Preservation Act. The work of the States 
and Tribes provides the necessary foundation for the 
supplemental assistance provided by Preserve America and Save 
America's Treasures grants.
    SHPOs and THPOs are resources that will continue to play a 
vital role in our Nation's historic preservation program. The 
hundreds of thousands of hours spent annually on 106 reviews, 
National Register opinions, tax credit reviews, and numerous 
other activities provide the backbone for the preservation of 
our historic heritage. In December 2007 the National Academy of 
Public Administration said that ``the National Historic 
Preservation Program (SHPOs and THPOs) stands as a successful 
example of effective federal-state partnership and is working 
to realize Congress' original vision to a great extent.''

Section 104. Designation of Preserve America Communities

    This section outlines the criteria and process for becoming 
a designated Preserve America Community and thus becoming 
eligible for grants under the program.

Section 105. Regulations

    Section 105 directs the Secretary to develop any guidelines 
and issue any regulations necessary to carry out this Title.

Section 106. Authorization of appropriations

    Section 106 authorizes appropriation of $25 million 
annually for this title for fiscal years 2009 through 2013.

Section 201. Purpose

    This section states that the purpose of Title II of H.R. 
3981 is to authorize the Save America's Treasures Program 
within the Department of the Interior to be coordinated with a 
variety of arts and preservation organizations.

Section 202. Definitions

    This section defines the terms used in this Title.

Section 203. Establishment

    Section 203 establishes the Save America's Treasures 
Program and outlines the criteria and procedures for operation 
of the program.

Section 204. Regulations

    Section 204 directs the Secretary to develop any guidelines 
and issue any regulations necessary to carry out the Save 
America's Treasures program.

Section 205. Authorization of appropriations

    This section authorizes $50 million annually for the Save 
America's Treasures Program.

            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 Natural 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. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to authorize the Preserve America and 
Save America's Treasures Programs.
    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 
Office:

H.R. 3981--Preserve America and Save America's Treasures Act

    Summary: H.R. 3981 would authorize appropriations totaling 
$75 million annually for two grant programs administered by the 
National Park Service (NPS). Assuming appropriation of the 
authorized amounts, CBO estimates that implementing H.R. 3981 
would cost $300 million over the 2009-2013 period.
    H.R. 3981 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no costs on state, local, or tribal 
governments.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 3981 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--
                                                              --------------------------------------------------
                                                                2009    2010    2011    2012    2013   2009-2013
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Authorization Level..........................................      75      75      75      75      75       375
Estimated Outlays............................................      25      50      75      75      75       300
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes that H.R. 
3981 will be enacted near the end of fiscal year 2008 and that 
the authorized amounts will be provided as specified in the 
bill. Estimated outlays are based on historical spending 
patterns for the two programs.
    H.R. 3981 would authorize the appropriation of $25 million 
a year through 2013 for the Preserve America program and $50 
million a year indefinitely for the Save America's Treasures 
program. Those programs fund grants to states, local 
governments, and other eligible entities for historic 
preservation and similar activities. For fiscal year 2008, the 
NPS received appropriations totaling $20 million for the two 
grant programs.
    Intergovernmental and private-sector impact: H.R. 3981 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no costs on state, local, or 
tribal governments. The bill would benefit those governments by 
authorizing grants for historic preservation; any costs to 
those entities would be incurred voluntarily.
    Previous CBO estimate: On May 19, 2008, CBO transmitted a 
cost estimate for S. 2262, the Preserve America and Save 
America's Treasures Act, as ordered reported by the Senate 
Committee on Energy and Natural Resources on May 7, 2008. S. 
2262 and H.R. 3981 are very similar, but the House bill would 
authorize appropriations through fiscal year 2013 for the 
Preserve America program, while the Senate bill would authorize 
appropriations indefinitely for both programs. The estimated 
total cost of the two pieces of legislation over the 2009-2013 
period is the same.
    Estimate prepared by: Federal Costs: Deborah Reis and 
Jeffrey LaFave; Impact on State, Local, and Tribal Governments: 
Melissa Merrill; Impact on the Private Sector: MarDestinee 
Perez.
    Estimate approved by: Peter H. Fontaine, Assistant Director 
for Budget Analysis.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                           EARMARK STATEMENT

    H.R. 3981 does not contain any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9(d), 9(e) or 9(f) of rule XXI.

                PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

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

                        CHANGES IN EXISTING LAW

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

                                  
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