Text: H.R.1446 — 108th Congress (2003-2004)All Information (Except Text)

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Public Law No: 108-420 (11/30/2004)

[108th Congress Public Law 420]
[From the U.S. Government Printing Office]

[DOCID: f:publ420.108]

[[Page 2371]]


[[Page 118 STAT. 2372]]

Public Law 108-420
108th Congress

                                 An Act

To support the efforts of the California Missions Foundation to restore 
and repair the Spanish colonial and mission-era missions in the State of 
California and to preserve the artworks and artifacts of these missions, 
     and for other purposes. <<NOTE: Nov. 30, 2004 -  [H.R. 1446]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: California 
Missions Preservation Act.>> 


    This Act may be cited as the ``California Missions Preservation 


    In this Act:
            (1) California mission.--The term ``California mission'' 
        means each of the 21 historic Spanish missions and one 
        asistencia that--
                    (A) are located in the State;
                    (B) were built between 1769 and 1798; and
                    (C) are designated as California Registered Historic 
            (2) Foundation.--The term ``Foundation'' means the 
        California Missions Foundation, a nonsectarian charitable 
        corporation that--
                    (A) was established in the State in 1998 to fund the 
                restoration and repair of the California missions; and
                    (B) is operated exclusively for charitable purposes 
                under section 501(c)(3) of the Internal Revenue Code of 
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (4) State.--The term ``State'' means the State of 


    (a) In General.--The Secretary may enter into a cooperative 
agreement with the Foundation to provide technical and financial 
assistance to the Foundation to restore and repair--
            (1) the California missions; and
            (2) the artwork and artifacts associated with the California 

    (b) Financial Assistance.--
            (1) In general.--The cooperative agreement may authorize the 
        Secretary to make grants to the Foundation to carry out the 
        purposes described in subsection (a).

[[Page 118 STAT. 2373]]

            (2) Eligibility.--To be eligible to receive a grant or other 
        form of financial assistance under this Act, a California 
        mission must be listed on the National Register of Historic 
            (3) Application.--To receive a grant or other form of 
        financial assistance under this Act, the Foundation shall submit 
        to the Secretary an application that--
                    (A) <<NOTE: Reports.>> includes a status report on 
                the condition of the infrastructure and associated 
                artifacts of each of the California missions for which 
                the Foundation is seeking financial assistance; and
                    (B) describes a comprehensive program for the 
                restoration, repair, and preservation of the 
                infrastructure and artifacts referred to in subparagraph 
                (A), including--
                          (i) a description of the prioritized 
                      preservation activities to be conducted over a 5-
                      year period; and
                          (ii) an estimate of the costs of the 
                      preservation activities.
            (4) Applicable law.--Consistent with section 101(e)(4) of 
        the National Historic Preservation Act (16 U.S.C. 470a(e)(4)), 
        the Secretary shall ensure that the purpose of any grant or 
        other financial assistance provided by the Secretary to the 
        Foundation under this Act--
                    (A) is secular;
                    (B) does not promote religion; and
                    (C) seeks to protect qualities that are historically 

    (c) <<NOTE: Contracts.>> Review and Determination.--
            (1) In general.--The Secretary shall submit a proposed 
        agreement to the Attorney General for review.
            (2) Determination.--A cooperative agreement entered into 
        under subsection (a) shall not take effect until the Attorney 
        General issues a finding that the proposed agreement submitted 
        under paragraph (1) does not violate the establishment clause of 
        the first amendment of the Constitution.

    (d) Report.--As a condition of receiving financial assistance under 
this Act, the Foundation shall annually submit to the Secretary and to 
the Committee on Energy and Natural Resources of the Senate and the 
Committee on Resources of the House of Representatives a report that 
describes the status of the preservation activities carried out using 
amounts made available under this Act.


    (a) In General.--There is authorized to be appropriated to carry out 
this Act $10,000,000 for the period of fiscal years 2004 through 2009.
    (b) Matching Requirement.--Any amounts made available to carry out 
this Act shall be matched on not less than a 1-to-1 basis by the 
    (c) Other Amounts.--Any amounts made available to carry out this Act 
shall be in addition to any amounts made available

[[Page 118 STAT. 2374]]

for preservation activities in the State under the National Historic 
Preservation Act (16 U.S.C. 470 et seq.).

    Approved November 30, 2004.


SENATE REPORTS: No. 108-375 (Comm. on Energy and Natural Resources).
                                                        Vol. 149 (2003):
                                    Oct. 20, considered and passed 
                                                        Vol. 150 (2004):
                                    Oct. 10, considered and passed 
                                        Senate, amended.
                                    Nov. 17, House concurred in Senate