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                                                       Calendar No. 734
108th Congress                                                   Report
                                 SENATE
 2d Session                                                     108-375
======================================================================
 
                  CALIFORNIA MISSIONS PRESERVATION ACT

                                _______
                                

               September 28, 2004.--Ordered to be printed

                                _______
                                

   Mr. Domenici, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 1446]

    The Committee on Energy and Natural Resources, to which was 
referred the Act (H.R. 1446) 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, having considered the same, 
reports favorably thereon with an amendment and recommends that 
the Act, as amended, do pass.
    The amendment is as follows:
    Strike out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. SHORT TITLE.

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

SEC. 2. DEFINITIONS.

  In this Act:
          (1) California mission.--The term ``California mission'' 
        means each of the 21 historic Spanish missions and 1 asistencia 
        that--
                  (A) are located in the State;
                  (B) were built between 1769 and 1798; and
                  (C) are designated as California Registered Historic 
                Landmarks.
          (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 
                1986.
          (3) Secretary.--The term ``Secretary'' means the Secretary of 
        the Interior.
          (4) State.--The term ``State'' means the State of California.

SEC. 3. COOPERATIVE AGREEMENTS.

  (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 
        missions.
  (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).
          (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 
        Places.
          (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) 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 
                significant.
  (c) 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.

SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

  (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 
Foundation.
  (c) Other Amounts.--Any amounts made available to carry out this Act 
shall be in addition to any amounts made available for preservation 
activities in the State under the National Historic Preservation Act 
(16 U.S.C. 470 et seq.).

                         PURPOSE OF THE MEASURE

    The purpose of H.R. 1446 is to authorize the Secretary of 
the Interior to make grants to the California Missions 
Foundation to restore and repair the Spanish colonial and 
mission-era missions in the State of California and to preserve 
the artwork and artifacts of these missions.

                          BACKGROUND AND NEED

    The California missions were established by the Catholic 
Church as religious and cultural centers. Stretching from San 
Diego to as far north as Sonoma, 21 missions were constructed, 
marking the steady march of the Spanish as they colonized the 
territory that eventually became California.
    The oldest mission, Mission San Diego de Alcala in San 
Diego, was founded by Father Junipero Serra in 1769. The last 
mission built was Mission San Francisco Solano in Sonoma, 
completed in 1823. With Mexico's independence from Spain came 
secularization, followed by the American occupation. After the 
initial 65-year period of operation, the missions, built of 
adobe and wood, by and large fell into ruin.
    Since the late 1800s, groups and individuals who recognized 
the historical, sociological, and artistic importance of these 
settlements spearheaded efforts to restore and reconstruct 
them. In 1948, for instance, the Hearst Mission Restoration 
Fund was established with a grant of $500,000. Yet until now no 
single entity has looked after the missions' long-term 
preservation and restoration needs. There has been no major 
campaign on behalf of all the California missions for many 
decades.
    The missions are the most visited historical sites in the 
State with 5.5 million visitors per year and are a part of the 
Statewide fourth grade curricula. Of the 21 California 
missions, 19 do not receive support from any governmental 
agency. Most rely solely on nominal visitor fees, proceeds from 
gift shop sales and donations.
    H.R. 1446 authorizes the Secretary of the Interior to make 
grants to the California Missions Foundation to support the 
efforts of the Foundation to restore and repair the California 
missions and to preserve the artworks and artifacts associated 
with them. The grant program is for 5 years and totals $10 
million. The legislation also contains a requirement for 
matching funds.

                          LEGISLATIVE HISTORY

    H.R. 1446 was introduced by Representative Farr on March 
26, 2003 and passed the House of Representatives by voice vote 
on October 10, 2003. Companion legislation, S. 1306, was 
introduced by Senators Boxer and Feinstein on June 20, 2003. 
The Senate Committee on Energy and Natural Resources' 
Subcommittee on National Parks held a hearing on H.R. 1446 and 
S. 1306 on March 9, 2004. At the business meeting on September 
15, 2004, the Committee on Energy and Natural Resources ordered 
H.R. 1446, as amended, favorably reported.

                        COMMITTEE RECOMMENDATION

    The Committee on Energy and Natural Resources, in an open 
business session on September 15, 2004, by a voice vote of a 
quorum present, recommends that the Senate pass H.R. 1446, if 
amended as described herein. Senator Thomas voted no.

                          COMMITTEE AMENDMENT

    During its consideration of H.R. 1446, the Committee 
adopted an amendment in the nature of a substitute. In addition 
to removing the section detailing congressional findings the 
amendment requires that the Attorney General review the 
proposed agreement between the California Missions Foundation 
and the Secretary of the Interior and issue a finding that the 
agreement does not violate the Establishment
    Clause of the First Amendment of the Constitution. This 
requirement is similar to one that applies to the San Antonio 
Missions National Historical Park in Texas. The amendment also 
requires that a California mission must be on the National 
Register of Historic Places to be eligible to receive financial 
or other grant assistance under this Act. The amendment is 
described in detail in the section-by-section analysis below.

                      SECTION-BY-SECTION ANALYSIS

    Section 1 entitles this bill the ``California Missions 
Preservation Act.''
    Section 2 defines key terms used in this Act.
    Section 3(a) authorizes the Secretary of the Interior to 
enter into cooperative agreements with the California Missions 
Foundation to provide financial and technical assistance to 
repair and restore the mission buildings and the artwork and 
other artifacts associated with them.
    Subsection (b) allows the cooperative agreement to 
authorize the Secretary to make grants to the Foundation. To be 
eligible to receive a grant or other financial assistance under 
this Act, a mission must be listed on the National Register of 
Historic Places. The Foundation must submit a grant application 
that includes a condition assessment and a comprehensive 
program for restoration, repair, and preservation of the 
infrastructure and artifacts of each California mission. The 
application must also contain a 5-year prioritized preservation 
plan for the mission and its artifacts and estimate the cost of 
the program . As provided in 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 a grant under this section is 
secular, does not promote religion, and seeks to protect those 
qualities that are historically significant.
    Subsection (c) directs the Secretary to submit a proposed 
agreement as described in subsection (b) to the Attorney 
General for review. The agreement shall not take effect until 
the Attorney General has issued a finding that the agreement 
does not violate the establishment clause of the first 
amendment of the Constitution.
    Subsection (d) directs the California Missions Foundation 
to submit to the Secretary an annual report on the status of 
the preservation efforts using grant funds. In addition, this 
section requires the Secretary to submit a copy of the report 
to Congress.
    Section 4 authorizes to be appropriated a total of $10 
million for fiscal years 2004 through 2009. Any funds made 
available under this Act shall be matched on not less than a 
one to one basis by the Foundation. Funds appropriated under 
this section shall be in addition to any funds made available 
for preservation efforts in the State of California under the 
National Historic Preservation Act.

                   COST AND BUDGETARY CONSIDERATIONS

    The following estimate of the cost of this measure has been 
provided by the Congressional Budget Office.

H.R. 1446--California Missions Preservation Act

    Summary: H.R. 1446 would authorize the appropriation of $10 
million over the 2004-2009 period to restore 21 historic 
Spanish missions in California. Most of this funding would be 
used by the Department of the Interior to provide grants to the 
California Missions Foundation, a nonprofit corporation 
established for that purpose.
    CBO estimates that implementing H.R. 1446 would cost $10 
million over the next five years, assuming appropriation of the 
authorized amount. Enacting H.R. 1446 would not affect revenues 
or direct spending.
    H.R. 1446 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. 1446 over the 2005-2009 period is 
shown in the following table. For this estimate, CBO assumes 
that the $10 million authorization will be appropriated evenly 
over the 2005-2009 period. Estimated outlays are based on 
historical spending patterns for similar programs. The costs of 
this legislation fall within budget function 300 (natural 
resources and environment).

----------------------------------------------------------------------------------------------------------------
                                                                       By fiscal year, in millions of dollars--
                                                                    --------------------------------------------
                                                                       2005     2006     2007     2008     2009
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION
 Estimated authorization level......................................        2        2        2        2        2
Estimated outlays..................................................        2        2        2        2        2
----------------------------------------------------------------------------------------------------------------

    Intergovernmental and private-sector impact: H.R. 1446 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no costs on state, local, or 
tribal governments.
    Estimate prepared by: Federal Costs: Deborah Reis; Impact 
on State, Local, and Tribal Governments: Leo Lex; and Impact on 
the Private Sector: Jean Talarico.
    Estimate approved by: Peter H. Fontaine, 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 H.R. 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 H.R. 1446.

                        EXECUTIVE COMMUNICATIONS

    On February 25, 2004, the Committee on Energy and Natural 
Resources requested legislative reports from the Department of 
the Interior and the Office of Management and Budget setting 
forth Executive agency recommendations on H.R. 1446. These 
reports had not been received when this report was filed. The 
testimony provided by the Department of the Interior at the 
Subcommittee hearing on H.R. 1446 follows:

Statement of P. Daniel Smith, Special Assistant, National Park Service, 
                       Department of the Interior

    Thank you for the opportunity to present the Department of 
the Interior's views on S. 1306 and H.R. 1446 authorizing the 
Secretary of the Interior to make matching, historic 
preservation grants to the California Missions Foundation to 
restore and repair California's historically significant 
Spanish mission buildings and their associated historic 
artworks and artifacts. Under this bill, grants up to $10 
million over a 5-year period would be made through the 
authority of Section 101 of the National Historic Preservation 
Act.
    While the goal of this legislation is admirable, the 
Department opposes S. 1306 and H.R. 1446. We cannot support 
this new Federal funding commitment at a time when we are 
trying to focus our available resources on taking care of 
existing National Park Service responsibilities. Nor can we 
support legislative earmarks that would effectively take 
limited and critically needed historic preservation operations 
funding away and divert it to these specific purposes under the 
National Historic Preservation Act. The Department strongly 
supports the principle that States, tribes, and local 
governments--not the Federal government--are best suited to 
determine the highest priorities for awarding grants in each 
jurisdiction under the Historic Preservation Fund. This has 
been the guiding idea of the National Historic Preservation Act 
since its passage in the mid-1960s. Under the current process, 
the Department allocates blocks of funds to States and to 
Indian tribes who then, in turn, award funding to properties 
and projects that meet the most urgent needs within the 
individual jurisdiction. There are many and very worthy 
projects everywhere, including other individual and classes of 
historic building that are regrettably in need of assistance 
from the Historic Preservation Fund.
    The Department of the Interior does support efforts to 
preserve for this and future generations the story of Father 
Junipero Serra and the founding of California's incomparable 
chain of colonial-era missions. Over a 54-year period beginning 
in 1769, Serra, and his fellow Jesuits, followed later by the 
Franciscans, built with native Indian labor a chain of mission 
complexes that today stretch along the coast for 600 miles from 
San Diego to Sonoma--north of San Francisco. It is a rich story 
of tenacity, bravery, cultural conflict, greed, mistrust, and, 
ultimately, hope. As a Nation, we are richer for Serra and his 
compatriot's struggles and for the labors of California's 
native peoples. We also are fortunate that so many of these 
remarkable historic places survive in California today. The 
Department recognizes that these missions are powerful tangible 
evidence of our Nation's remarkable story and worthy of our 
care and attention.
    We believe, however, that there are other sources of 
funding available for the restoration at the California 
missions. One national example is the Save America's Treasures 
program that awards grants for preservation and conservation 
work on nationally significant intellectual and cultural 
artifacts and nationally significant historic structures and 
sites. Each California Mission is a ``national class property'' 
and would, we believe, compete favorably in the Save America's 
Treasures program as well in any other fundraising campaign. 
The Department would be more than happy to work with the 
California Missions Foundation to develop Save America's 
Treasures applications as well as fundraising strategies to 
accomplish this important work.
    We note that Section 3(c) of S. 1306 and H.R. 1446 requires 
detailed professional condition assessments and scopes of work 
to ensure that preservation and conservation needs are fully 
assessed, that the highest priority and most critical work is 
undertaken, and that any work supported by these grants meets 
the highest professional standards. The California missions are 
historic properties significant to every American citizen and 
we must ensure that any work done there is of the highest 
caliber.
    Should S. 1306 or H.R. 1446 move to a committee markup, we 
would suggest requiring a formal partnership role for the 
appropriate Catholic Church archdioceses where the missions 
remain active churches and in church ownership. Without the 
full partnership and support of the Church, the most effective 
and best long-term preservation of these national treasures 
cannot be assured.
    Mr. Chairman, thank you for the opportunity to provide our 
comments on S. 1306 and H.R. 1446. This concludes my prepared 
testimony. I would be glad to answer any questions that you or 
the members of the committee may have.

                        CHANGES IN EXISTING LAW

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee notes that no 
changes in existing law are made by the Act H.R. 1446, as 
ordered reported.