[House Report 114-549]
[From the U.S. Government Publishing Office]
114th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 114-549
======================================================================
TO REAUTHORIZE THE HISTORICALLY BLACK COLLEGES AND UNIVERSITIES
HISTORIC PRESERVATION PROGRAM
_______
May 10, 2016.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Bishop of Utah, from the Committee on Natural Resources, submitted
the following
R E P O R T
[To accompany H.R. 295]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 295) to reauthorize the Historically Black
Colleges and Universities Historic Preservation program, 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. HISTORICALLY BLACK COLLEGES AND UNIVERSITIES HISTORIC
PRESERVATION PROGRAM REAUTHORIZED.
Section 507(d)(2) of the Omnibus Parks and Public Lands Management
Act of 1996 (54 U.S.C. 302101 note) is amended by striking the period
at the end and inserting ``and each of fiscal years 2017 through
2023.''.
Purpose of the Bill
The purpose of H.R. 295 is to reauthorize the Historically
Black Colleges and Universities Historic Preservation program.
Background and Need for Legislation
In 1988, the National Park Service (NPS) established the
Historically Black Colleges and Universities (HBCU)
Preservation Program with the award of grants to document,
preserve, and stabilize historic structures on HBCU campuses.
Throughout the history of the program, the NPS has awarded over
$60 million to HBCUs to assist them in repairing historic
buildings. Historic preservation projects may include:
structural stabilization, repairing damaged masonry, replacing
antiquated electrical and plumbing systems, abating
environmental hazards such as asbestos, repairing termite
damage, fixing leaking roofs, and providing handicapped
accessibility.
Funding for preservation and restoration at HBCUs from the
Historic Preservation Fund (HPF) was initially authorized by
the Omnibus Parks and Public Lands Management Act of 1996
(Public Law 104-333). Specifically, Congress authorized $29
million to be appropriated and required HBCUs to raise 50
percent of the funds locally to match the federal grant.
Further, the law specified that of the amount to be
appropriated, $23 million in grants would be earmarked for
twelve particular colleges and universities. Later, funding
provided in the Fiscal Year 2001 Interior Appropriations Act
(Public Law 106-291), completed the 12 ongoing projects
authorized in the 104th Congress.
In 2003, Congress amended Public Law 104-333 to authorize
$10 million in additional appropriations for each of fiscal
years 2003 through 2008, and lowered the matching requirement
to 30 percent. Although funding was authorized, Congress did
not appropriate the full $10 million in each of those years.
Instead, Congress appropriated $0 in FY2003, $2.96 million in
FY2004, $3.45 million in FY2005, $2.96 million in FY2006, and
$0 in FY2007 and FY2008.
Since FY2008, no further appropriations were authorized for
HBCUs from the HPF. However, in supplemental appropriations for
FY2009 in the American Recovery and Reinvestment Act of 2009
(Public Law 111-5), Congress appropriated an additional $15
million for HBCUs (and waived the nonfederal matching
requirement for these funds).
On February 11, 2016, the Subcommittee on Federal Lands
held a legislative hearing on H.R. 295. At the hearing, Dr.
Henry Tisdale, president of Claflin University, a HBCU located
in Orangeburg, South Carolina, testified in favor of H.R. 295.
Additionally, Dr. Stephanie Toothman, Associate Director of
Cultural Resources, Partnerships and Science at the National
Park Service, offered testimony from the Department of the
Interior in support of the bill.
Committee Action
H.R. 295 was introduced on January 13, 2015, by Congressman
James E. Clyburn (D-SC). The bill was referred to the Committee
on Natural Resources, and within the Committee to the
Subcommittee on Federal Lands. On February 11, 2016, the
Subcommittee held a hearing on the bill. On March 15, 2016, the
Natural Resources Committee met to consider the bill. The
Subcommittee was discharged by unanimous consent. Chairman Rob
Bishop (R-UT) offered an amendment designated #1. The amendment
was adopted by unanimous consent. No other amendments were
offered, and the bill, as amended, was ordered favorably
reported to the House of Representatives by unanimous consent
on March 16, 2016.
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.
Compliance with House Rule XIII
1. Cost of Legislation. Clause 3(d)(1) 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)(2)(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. 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. 295--To Reauthorize the Historically Black Colleges and
Universities Historic Preservation Program
H.R. 295 would authorize the appropriation of $10 million
annually from 2017 through 2023 for the Historic Preservation
Fund to provide grants for the restoration and preservation of
historic buildings at Historically Black Colleges and
Universities (HBCUs). No funds have been appropriated for this
program since 2009.
Although, the legislation would authorize an annual
appropriation of $10 million through 2023, CBO estimates that
demand for the preservation grants would be less than that
amount. Information from the National Park Service (NPS)
suggests that many eligible institutions cannot provide the 30
percent of the project cost from nonfederal funds that is
required under current law to receive a preservation grant.
Based on information from the NPS about the expected number of
grant applications and the amount of the typical grant award,
CBO estimates that implementing the legislation would cost
about $3 million a year and $12 million over the 2017-2021
period, assuming appropriation of the estimated amounts.
Enacting the bill would not affect direct spending or revenues;
therefore, pay-as-you-go procedures do not apply.
CBO estimates that enacting H.R. 295 would not increase net
direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2027.
H.R. 295 contains no intergovernmental or private-sector
mandates defined in the Unfunded Mandates Reform Act and would
impose no costs on state, local, or tribal governments.
The CBO staff contact for this estimate is Marin Burnett.
The estimate was approved by H. Samuel Papenfuss, Deputy
Assistant Director for Budget Analysis.
2. Section 308(a) of 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. The Congressional
Budget Office has concluded that implementing the legislation
would cost about $12 million over the 2017-2021 time period,
subject to appropriation.
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 reauthorize the Historically Black
Colleges and Universities Historic Preservation program.
Earmark Statement
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
Compliance With H. Res. 5
Directed Rule Making. The Chairman does not believe that
this bill directs any executive branch official to conduct any
specific rule-making proceedings.
Duplication of Existing Programs. This bill does not
establish or reauthorize a program of the federal government
known to be duplicative of another program. Such program was
not included in any report from the Government Accountability
Office to Congress pursuant to section 21 of Public Law 111-139
or identified in the most recent Catalog of Federal Domestic
Assistance published pursuant to the Federal Program
Information Act (Public Law 95-220, as amended by Public Law
98-169) as relating to other programs.
Preemption of State, Local or Tribal Law
This bill is not intended to preempt any State, local or
tribal law.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):
OMNIBUS PARKS AND PUBLIC LANDS MANAGEMENT ACT OF 1996
* * * * * * *
DIVISION I
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TITLE V--HISTORIC AREAS AND CIVIL RIGHTS
* * * * * * *
SEC. 507. HISTORICALLY BLACK COLLEGES AND UNIVERSITIES HISTORIC
BUILDING RESTORATION AND PRESERVATION.
(a) Authority To Make Grants.--From the amounts made
available to carry out the National Historic Preservation Act,
the Secretary of the Interior shall make grants in accordance
with this section to eligible historically black colleges and
universities for the preservation and restoration of historic
buildings and structures on the campus of these institutions.
(b) Grant Conditions.--Grants made under subsection (a) shall
be subject to the condition that the grantee covenants, 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 with
respect to 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 paragraphs (2)
and (3), the Secretary may obligate funds made
available under this section for a grant with respect
to a building or structure listed on, or eligible for
listing on, the National Register of Historic Places
only if the grantee agrees to match, from funds derived
from non-Federal sources, the amount of the grant with
an amount that is equal or greater than the grant.
(2) Waiver.--The Secretary may waive paragraphs (1)
and (3) with respect to a grant if the Secretary
determines from circumstances that an extreme emergency
exists or that such a waiver is in the public interest
to assure the preservation of historically significant
resources.
(3) Exception.--The Secretary shall not obligate
funds made available under subsection (d)(2) for a
grant with respect to a building or structure listed
on, or eligible for listing on, the National Register
of Historic Places unless the grantee agrees to
provide, from funds derived from non-Federal sources,
an amount that is equal to 30 percent of the total cost
of the project for which the grant is provided.
(d) Funding Provision.--
(1) In general.--Under section 108 of the National
Historic Preservation Act, $29,000,000 shall be made
available to carry out the purposes of this section. Of
amounts made available pursuant to this section,
$5,000,000 shall be available for grants to Fisk
University, $2,500,000 shall be available for grants to
Knoxville College, $2,000,000 shall be available for
grants to Miles College, Alabama, $1,500,000 shall be
available for grants to Talladega College, Alabama,
$1,550,000 shall be available for grants to Selma
University, Alabama, $250,000 shall be available for
grants to Stillman College, Alabama, $200,000 shall be
available for grants to Concordia College, Alabama,
$2,900,000 shall be available for grants to Allen
University, South Carolina, $1,000,000 shall be
available for grants to Claflin College, South
Carolina, $2,000,000 shall be available for grants to
Voorhees College, South Carolina, $1,000,000 shall be
available for grants to Rust College, Mississippi, and
$3,000,000 shall be available for grants to Tougaloo
College, Mississippi.
(2) Additional funding.--In addition to amounts made
available under paragraph (1), there is authorized to
be appropriated from the Historic Preservation Fund to
carry out this section $10,000,000 for each of fiscal
years 2003 through 2008[.] and each of fiscal years
2017 through 2023.
(e) Regulations.--The Secretary shall develop such guidelines
as may be necessary to carry out this section.
(f) Definitions.--For the purposes of this section:
(1) Historically black colleges.--The term
``historically black colleges and universities'' has
the same meaning given the term ``part B institution''
by section 322 of the Higher Education Act of 1965 (20
U.S.C. 1061).
(2) Historic building and structures.--The term
``historic building and structures'' means a building
or structure listed on, or eligible for listing on, the
National Register of Historic Places or designated a
National Historic Landmark.
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