[Senate Report 115-234]
[From the U.S. Government Publishing Office]
Calendar No. 389
115th Congress } { Report
SENATE
2d Session } { 115-234
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TO REAUTHORIZE THE HISTORICALLY BLACK COLLEGES AND UNIVERSITIES
HISTORIC PRESERVATION PROGRAM
_______
April 25, 2018.--Ordered to be printed
_______
Ms. Murkowski, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 1446]
[Including cost estimate of the Congressional Budget Office]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 1446) to reauthorize the Historically
Black Colleges and Universities Historic Preservation program,
having considered the same, reports favorably thereon without
amendment and recommends that the bill do pass.
Purpose
The purpose of S. 1446 is to reauthorize the Historically
Black Colleges and Universities Historic Preservation program
for fiscal years 2018 through 2024.
Background and Need
Historically Black Colleges and Universities (HBCUs) are
defined by the Higher Education Act of 1965, as amended, as
``any historically black college or university that was
established prior to 1964, whose principal mission was, and is,
the education of black Americans, and that is accredited by a
nationally recognized accrediting agency or association
determined by the Secretary of Education to be a reliable
authority as to the quality of training offered or is,
according to such agency or association, making reasonable
progress toward accreditation.'' The National Center for
Education Statistics currently lists 102 accredited HBCUs.
In 1980, President Jimmy Carter signed Executive Order
12232, establishing the White House Initiative on HBCUs, which
was intended to create a structure to help the schools access
and benefit from Federally funded programs. As a result, the
National Park Service (NPS) began awarding matching grants,
and, at times, earmarked grants, to HBCUs for the purpose of
historic preservation. These grants aid HBCUs in repairing
historic buildings on their campuses. Initially, all HBCUs were
required to provide a 50 percent matching requirement for
Federal grants, but this was reduced to 30 percent in 2004. In
addition, the 2009 American Recovery and Reinvestment Act
(Public Law 111-5) earmarked an additional $15 million for the
HBCU Preservation Program. In 2017, Congress appropriated $4
million for the program.
HBCU matching grants may be used to ``repair historic
structures on the campuses of Historically Black Colleges and
Universities that are listed in the National Register of
Historic Places or considered eligible to be listed by the
State Historic Preservation Officer.'' In addition, the project
applicants must meet additional federal guidelines, including
matching and essential preservation repair work requirements.
No new construction or major reconstruction is eligible for the
program.
Legislative History
Senators Harris and Graham introduced S. 1446 on June 27,
2017. Similar language was included in section 7118 of S. 1460,
the Energy and Natural Resources Act of 2017 (Cal. 162).
Companion legislation, H.R. 1135, was introduced by Rep.
Clyburn on February 16, 2017, in the House of Representatives
and referred to the Committee on Natural Resources. The House
Committee on Natural Resources favorably reported H.R. 1135 (H.
Rept. 115-157) on June 2, 2017. On June 27, 2017, H.R. 1135
passed the House of Representatives by voice vote.
The Senate Subcommittee on National Parks conducted a
hearing on S. 1446 and H.R. 1135 on February 14, 2018.
In the 114th Congress, Senator Graham introduced similar
legislation, S. 3512, on December 7, 2016. Companion
legislation, H.R. 295, was introduced in the House of
Representatives by Rep. Clyburn on January 13, 2015, and
referred to the Committee on Natural Resources. H.R. 295 was
favorably reported, as amended, by the House Committee on
Natural Resources (H. Rept. 114-549) on May 10, 2016. H.R. 295
passed the House of Representatives by voice vote on September
12, 2016.
The Committee on Energy and Natural Resources met in open
business session on March 8, 2018, and ordered S. 1446 and H.R.
1135 favorably reported.
Committee Recommendation
The Senate Committee on Energy and Natural Resources, in
open business session on March 8, 2018, by a majority voice
vote of a quorum present, recommends that the Senate pass S.
1446.
Section-by-Section Analysis
Section 1. Historically Black Colleges and Universities Historic
Preservation program reauthorized
Section 1 amends Section 507(d)(2) of the Omnibus Parks and
Public Lands Management Act of 1996 (Public Law 104-333) to
reauthorize the Historically Black Colleges and Universities
Historic Preservation program for fiscal years 2018 through
2024.
Cost and Budgetary Considerations
The following estimate of the costs of this measure has
been provided by the Congressional Budget Office:
Summary: S. 1446 would authorize the appropriation of funds
for the Historic Preservation Fund to provide grants for the
restoration and preservation of historic buildings at
Historically Black Colleges and Universities (HBCUs). CBO
estimates that implementing the bill would cost $17 million
over the 2019-2023 period, assuming appropriation of the
authorized amounts.
Enacting S. 1446 would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply.
CBO estimates that enacting S. 1466 would not increase net
direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2029.
S. 1446 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
Estimated cost to the Federal Government: The estimated
budgetary effect of S. 1466 is shown in the following table.
The costs of the legislation fall within budget function 300
(natural resources and environment).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
----------------------------------------------------------
2018 2019 2020 2021 2022 2023 2019-2023
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INCREASES IN SPENDING SUBJECT TO APPROPRIATION
Authorization Level.................................. 10 10 10 10 10 10 50
Estimated Outlays.................................... 0 3 3 3 4 4 17
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S. 1446 would authorize the appropriation of $10 million in 2018. CBO does not estimate any outlays for that
authorization because appropriations for 2018 have already been provided.
Basis of estimate: For this estimate, CBO assumes the bill
will be enacted near the end of 2018. S. 1446 would authorize
appropriations of $10 million a year over the 2018-2024 period.
CBO estimates that demand for the HBCU preservation grants
would be less than the annual amount that would be authorized.
(In 2018, the Congress provided $5 million for this program.)
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. Using information
from the NPS about the expected number of grant applications
and typical grant amounts, CBO estimates that implementing S.
1446 would cost $17 million over the 2019-2023 period, assuming
appropriation of the authorized amounts.
Pay-As-You-Go considerations: None.
Increase in long-term direct spending and deficits: CBO
estimates that enacting S. 1466 would not increase net direct
spending or on-budget deficits in any of the four consecutive
10-year periods beginning in 2029.
Mandates: S. 1446 contains no intergovernmental or private-
sector mandates as defined in UMRA.
Previous CBO estimate: On May 26, 2017, CBO transmitted a
cost estimate for H.R. 1135, a bill to reauthorize the
Historically Black Colleges and Universities Historic
Preservation program, as ordered reported by the House
Committee on Natural Resources on April 27, 2017. On April 11,
2018, CBO transmitted a cost estimate for H.R. 1135, an act to
reauthorize the Historically Black Colleges and Universities
Historic Preservation program, as ordered reported by the
Senate Committee on Energy and Natural Resources on March 8,
2018. The three pieces of legislation are similar; however,
differences in estimated outlays reflect different assumptions
about when the legislation will be enacted.
Estimate prepared by: Federal costs: Janani Shankaran;
Mandates: Zachary Byrum.
Estimate reviewed by: Kim P. Cawley, Chief, Natural and
Physical Resources Cost Estimates Unit; H. Samuel Papenfuss,
Deputy Assistant Director for Budget Analysis.
Regulatory Impact Evaluation
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 1446. The bill is not a regulatory measure in
the sense of imposing Government-established standards or
significant economic responsibilities on private individuals
and businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of S. 1446, as ordered reported.
Congressionally Directed Spending
S. 1446, as ordered reported, does not contain any
congressionally directed spending items, limited tax benefits,
or limited tariff benefits as defined in rule XLIV of the
Standing Rules of the Senate.
Executive Communications
The testimony provided by the Department of the Interior at
the February 14, 2018, hearing on S. 1446 follows:
Statement of P. Daniel Smith, Deputy Director, Exercising the Authority
of the Director of the National Park Service, Department of the
Interior, Before the Senate Energy and Natural Resources Subcommittee
on National Parks, Concerning S. 1446 and H.R. 1135, a Bill To
Reauthorize the Historically Black Colleges and Universites Historic
Preservation Program
Chairman Daines, Ranking Member King, and members of the
Subcommittee, thank you for the opportunity to present the
Department of the Interior's views on S. 1446 and H.R. 1135,
bills to reauthorize the Historically Black Colleges and
Universities historic preservation program.
The Department supports S. 1446 and H.R. 1135. This bill
would reauthorize funding for the preservation and restoration
of historic buildings and structures on the campuses of
Historically Black Colleges and Universities (HBCUs) for fiscal
years 2018 through 2024, at a level of $10 million annually.
This program provides infrastructure support for these
important institutions.
The funding authorized by S. 1446 and H.R. 1135 would
support public-private partnership efforts to revitalize
historic HBCU buildings. Repairs would improve safety and
functionality, including stabilizing structures, repairing
damaged masonry, abating environmental hazards such as lead
paint and asbestos, replacing antiquated electrical and
plumbing systems, fixing leaking roofs, repairing termite
damage, and providing handicapped accessibility. The historic
buildings on these campuses have specialized repair needs,
requiring highly skilled trades and quality materials, the
costs of which may strain a limited college budget.
Between 1998 and 2009, almost $60 million of Historic
Preservation Fund (HPF) grants were awarded to HBCUs. These HPF
apportionments supported over 60 institutions, funding 131
infrastructure projects. While the prior annual authorization
(P.L. 104-333, as amended by P.L. 108-7) expired at the end of
2008, in some subsequent years, Congress has appropriated
funding for historic preservation grants to HBCUs under the
broader authority of the National Historic Preservation Act (54
U.S.C. 302906). HBCUs continue to proudly provide opportunities
for higher education, show us that education can serve as a
path to prosperity, and preserve an important part of the
American story.
Mr. Chairman, this concludes my statement. I would be
pleased to answer any questions you or other members of the
Subcommittee may have.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the original bill, as reported, are shown as follows (existing
law proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
PUBLIC LAW 104-333
* * * * * * *
OMNIBUS PARKS AND PUBLIC LANDS MANAGEMENT ACT OF 1996
* * * * * * *
DIVISION I
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TITLE V--HISTORIC AREAS AND CIVIL RIGHTS
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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
2018 through 2024.
(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.
* * * * * * *