H. Rept. 107-519 - 107th Congress (2001-2002)
June 20, 2002, As Reported by the Resources Committee

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House Report 107-519 - AMENDING SECTION 507 OF THE OMNIBUS PARKS AND PUBLIC LANDS MANAGEMENT ACT OF 1996 TO AUTHORIZE ADDITIONAL APPROPRIATIONS FOR HISTORICALLY BLACK COLLEGES AND UNIVERSITIES, TO DECREASE THE MATCHING REQUIREMENT RELATED TO SUCH APPROPRIATIONS, AND FOR OTHER PURPOSES




[House Report 107-519]
[From the U.S. Government Printing Office]



107th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     107-519

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



 
AMENDING SECTION 507 OF THE OMNIBUS PARKS AND PUBLIC LANDS MANAGEMENT 
  ACT OF 1996 TO AUTHORIZE ADDITIONAL APPROPRIATIONS FOR HISTORICALLY 
  BLACK COLLEGES AND UNIVERSITIES, TO DECREASE THE MATCHING REQUIREMENT 
  RELATED TO SUCH APPROPRIATIONS, AND FOR OTHER PURPOSES

                                _______
                                

 June 20, 2002.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Hansen, from the Committee on Resources, submitted the following

                              R E P O R T

                        [To accompany H.R. 1606]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 1606) to amend section 507 of the Omnibus Parks and 
Public Lands Management Act of 1996 to authorize additional 
appropriations for historically black colleges and 
universities, to decrease the matching requirement related to 
such appropriations, 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. DECREASED MATCHING REQUIREMENT; AUTHORIZATION OF 
                    APPROPRIATIONS.

  (a) Decreased Matching Requirement.--Section 507(c) of the Omnibus 
Parks and Public Lands Management Act of 1996 (16 U.S.C. 470a note) is 
amended--
          (1) by striking ``(1) Except'' and inserting the following:
          ``(1) In general.--Except'';
          (2) by striking ``paragraph (2)'' and inserting ``paragraphs 
        (2) and (3)'';
          (3) by striking ``(2) The Secretary'' and inserting the 
        following:
          ``(2) Waiver.--The Secretary'';
          (4) by striking ``paragraph (1)'' and inserting ``paragraphs 
        (1) and (3)''; and
          (5) by adding at the end the following new paragraph:
          ``(3) Exception.--The Secretary may 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 only if 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.''.
  (b) Authorization of Appropriation.--Section 507(d) of the Omnibus 
Parks and Public Lands Management Act of 1996 (16 U.S.C. 470a note) is 
amended--
          (1) by striking ``Pursuant to'' and inserting the following:
          ``(1) 1996 authorization.--Pursuant to''; and
          (2) by adding at the end the following new paragraph:
          ``(2) Additional authorization.--In addition to amounts made 
        available under paragraph (1), pursuant to section 108 of the 
        National Historic Preservation Act, there is authorized to be 
        appropriated such sums as may be necessary to carry out the 
        purposes of this section.''.

                          Purpose of the Bill

    The purpose of H.R. 1606 is to amend section 507 of the 
Omnibus Parks and Public Lands Management Act of 1996 to 
authorize additional appropriations for historically black 
colleges and universities, and to decrease the matching 
requirement related to such appropriations, and for other 
purposes.

                  Background and Need for Legislation

    For over a century, Historically Black Colleges and 
Universities (HBCUs) have played an important role in providing 
opportunities for higher education to millions of African-
Americans. Many of these colleges and universities were founded 
during the era of slavery or when American society was deeply 
segregated. Although social conditions have changed radically 
since these colleges and universities were founded, the HBCUs 
have remained committed to providing African-American students 
with superb educational opportunities. Almost 300,000 African 
Americans are currently enrolled in HBCUs, and among their 
alumni are Members of Congress, hundreds of elected officials, 
military officers, physicians, teachers, attorneys, judges, 
ambassadors, and business executives.
    Many of the buildings at the HBCUs are listed on the 
National Register, and because of their age, are in need of 
significant repair. A 1998 GAO study, conducted with the aid of 
the Department of the Interior identified 712 properties in 
need of repair, 529 of which are either listed on, or eligible 
for, listing on the National Register. The remaining 183 
properties are considered historic, but not included in the 
previous two categories. The study also noted that the cost 
estimates in the report may include some work that would be 
ineligible for federal assistance due to its non-conformance 
with the Secretary of Interior's Standards for the Treatment of 
Historic Properties. The 1996 Omnibus Parks and Public Lands 
Management Act authorized an appropriation of $29 million 
dollars for HBCU historic preservation purposes. However, the 
current 50/50 match requirement has proven to be difficult to 
meet for some of the HBCUs and proponents have argued for a 
reduction in the match requirement.

                            Committee Action

    H.R. 1606 was introduced on April 26, 2001 by Congressman 
James Clyburn (D-SC) and referred to the Committee on 
Resources. On May 2, 2001, the bill was referred within the 
Committee to the Subcommittee on National Parks, Recreation, 
and Public Lands. On November 1, 2001, the Subcommittee held a 
hearing on the bill. On May 22, 2002, the Subcommittee was 
discharged from further consideration and the Full Committee 
met to mark up the bill. Mr. Rahall offered an amendment to 
replace the figure of $530 million and insert ``such sums as 
may be necessary''. It was adopted by unanimous consent and the 
bill, as amended, was then ordered favorably reported to the 
House of Representatives by unanimous consent.

            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 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. According to the Congressional 
Budget Office, implementation of this bill would cost 
approximately $120 million over a five-year time period, and 
approximately $650 million over the next decade, subject to 
appropriations.
    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 amend the Omnibus Parks and Public 
Lands Management Act of 1996 to authorize additional 
appropriations for historically black colleges and 
universities, and to decrease the related matching requirement.
    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:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, June 19, 2002.
Hon. James V. Hansen,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman:  The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1606, a bill to 
amend section 507 of the Omnibus Parks and Public Lands 
Management Act of 1996 to authorize additional appropriations 
for historically black colleges and universities, to decrease 
the matching requirement related to such appropriations, and 
for other purposes.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

H.R. 1606--A bill to amend section 507 of the Omnibus Parks and Public 
        Lands Management Act of 1996 to authorize additional 
        appropriations for historically black colleges and 
        universities, to decrease the matching requirement related to 
        such appropriations, and for other purposes

    Summary: H.R. 1606 would authorize the appropriation of 
whatever amounts are necessary for grants to preserve and 
restore certain structures at historically black colleges and 
universities (HBCUs). Projects funded under the bill would be 
subject to the requirement that the grant recipient finance 30 
percent of a project's cost.
    Assuming appropriation of the necessary amounts, CBO 
estimates that federal costs to preserve and restore all 
historic structures at HBCUs would be about $120 million over 
the 2003-2007 period, and a total of around $650 million over 
the next decade. Such costs could be significantly higher or 
lower, depending on how many structures are eligible for 
federal funding, how many years it takes to complete the 
restoration program, and the availability of matching funds 
from potential grant recipients. H.R. 1606 would not affect 
direct spending or receipts; therefore, pay-as-you-go 
procedures would not apply.
    H.R. 1606 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. 1606 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--
                                                                    --------------------------------------------
                                                                       2003     2004     2005     2006     2007
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Estimated Authorization Level......................................       55       60       60       65       65
Estimated Outlays..................................................        5       10       25       35       45
----------------------------------------------------------------------------------------------------------------

    Basis of Estimate: The Omnibus Parks and Public Lands 
Management Act of 1996 authorized the National Park Service 
(NPS) to pay half of the cost of restoring eligible structures 
(mostly buildings) at HBCUs. To be eligible for a restoration 
grant under the 1996 act (or under the National Historic 
Preservation Act generally), a building must either be on the 
National Register of Historic Places or have been determined 
eligible for such listing by a state historic preservation 
officer. For the purpose of making the 50 percent matching 
grants, the 1996 act authorized the appropriation of $29 
million from the Historic Preservation Fund. All of the 
authorized funding was appropriated between fiscal years 1998 
and 2001, and there were no appropriations specifically 
earmarked for HBCUs in 2002. HBCUs can still apply for grants 
but such applications would have to compete with other eligible 
applicants for federal funds awarded to their states.
    H.R. 1606 would amend the 1996 Act to authorize the 
appropriation of such sums as are necessary to restore and 
preserve historic properties at HBCUs in addition to the 
existing authorization. For all such future grants, the HBCUs 
would need to provide only 30 percent of a project's costs 
rather than half, as required by the 1996 act. Based on 
information provided by the NPS and on a 1998 study by the 
General Accounting Office of restoration needs at HBCUs, CBO 
estimates that it would cost the NPS $650 million to finance 70 
percent of all such restoration projects over the next 10 
years. This amount is based on restoration needs identified and 
priced by over 100 HBCUs using different standards and 
methodologies. Total federal costs could vary substantially 
from available estimates once the restoration program begins. 
Such costs could be much higher, particularly if program 
funding is spread over more years--as historic buildings 
continue to deteriorate and construction costs rise over time. 
Conversely, total costs could be much lower if a significant 
portion of identified projects are found to be ineligible for 
federal funding or if some HBCUs are unable to provide the 30 
percent match.
    Pay-as-you-go considerations: None.
    Intergovernmental and private-sector impact: H.R. 1606 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no costs on state, local, or 
tribal governments. The changes made by the bill would benefit 
colleges and universities eligible for grants under section 507 
of the 1996 act, many of which are public institutions.
    Estimate prepared by: Federal Costs: Deborah Reis; Impact 
on State, Local, and Tribal Governments: Marjorie Miller; and 
Impact on the Private Sector: Lauren Marks.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                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, existing law in which no change is 
proposed is shown in roman):

  SECTION 507 OF THE OMNIBUS PARKS AND PUBLIC LANDS MANAGEMENT ACT OF 
                                  1996


SEC. 507. HISTORICALLY BLACK COLLEGES AND UNIVERSITIES 
                    HISTORIC BUILDING RESTORATION AND PRESERVATION.

  (a)  * * *

           *       *       *       *       *       *       *

  (c) Matching Requirement for Buildings and Structures Listed 
on the National Register of Historic Places.--[(1) Except]
          (1) In general.--Except as provided by [paragraph 
        (2)] 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) The Secretary]
          (2) Waiver.--The Secretary may waive [paragraph (1)] 
        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 may 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 only if 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.--[Pursuant to]
          (1) 1996 authorization.--Pursuant to 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 authorization.--In addition to amounts 
        made available under paragraph (1), pursuant to section 
        108 of the National Historic Preservation Act, there is 
        authorized to be appropriated such sums as may be 
        necessary to carry out the purposes of this section.

           *       *       *       *       *       *       *