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S 2262 ISRS

110th CONGRESS Calendar No. 797

1st 110th CONGRESS

2d Session

S. 2262

[Report No. 110-365]

To authorize the Preserve America Program and Save America'’s Treasures Program, and for other purposes.

IN THE SENATE OF THE UNITED STATES

October 30, 2007

Mr. DOMENICI (for himself and, Mrs. CLINTON, Mr. BURR, Mr. BINGAMAN, Mr. ALEXANDER, Mr. MARTINEZ, Mrs. CLINTOHUTCHISON, and Mr. COCHRAN) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources

June 16, 2008

Reported by Mr. BINGAMAN, with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]

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A BILL

To authorize the Preserve America Program and Save America'’s Treasures Program, and for other purposes.

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'‘Council’ means the Advisory Council on Historic Preservation.

(2) HERITAGE TOURISM- The term `heritage tourism'‘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'‘program’ means the Preserve America Program established under section 103(a).

(4) SECRETARY- The term `Secretary'‘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, shallmay 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) marketing project that promotes and enhances the visitor experience to a community.(E) A A training project that provides opportunities for professional development in areas that would aid a community in using and promoting its historic resources.

(F (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 shall be available for expenditure (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) protect (1) protection and celebrateion 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;(3) encourage and

(3) encouragement of 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) 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 areis authorized to be such sums as are necessary appropriated to carry out this title $25,000,000 for each fiscal year, 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, and;

(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'‘collection’ means a collection of intellectual and cultural artifacts, including documents, sculpture, and works of art.

(2) ELIGIBLE ENTITY- The term `eligible entity'‘eligible entity’ means a Federal entity, State, local, or tribal government, educational institution, or nonprofit organization.

(3) HISTORIC PROPERTY- The term `historic property'‘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'‘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'‘program’ means the Save America'’s Treasures Program established under section 203(a).

(6) SECRETARY- The term `Secretary'‘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 Humanitiesorganizations 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 National Endowment for the Arts, the National Endowment for the Humanities, the National Trust for Historic Preservation, or the Institute of Museum and Library Servicesorganizations 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-

(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 Humanitiesorganizations 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 areis authorized to be such sums as are necessary appropriated to carry out this title. $50,000,000 for each fiscal year, to remain available until expended.

Calendar No. 797

110th CONGRESS

2d Session

S. 2262

[Report No. 110-365]

A BILL

To authorize the Preserve America Program and Save America’s Treasures Program, and for other purposes.

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June 16, 2008

Reported with an amendment