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115th Congress    }                                    {       Report
                        HOUSE OF REPRESENTATIVES
 1st Session      }                                    {      115-157

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



 
    TO REAUTHORIZE THE HISTORICALLY BLACK COLLEGES AND UNIVERSITIES 
                     HISTORIC PRESERVATION PROGRAM

                                _______
                                

  June 2, 2017.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

Mr. Bishop of Utah, from the Committee on Natural Resources, submitted 
                             the following

                              R E P O R T

                        [To accompany H.R. 1135]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 1135) to reauthorize the Historically Black 
Colleges and Universities Historic Preservation program, having 
considered the same, report favorably thereon without amendment 
and recommend that the bill do pass.

                          Purpose of the Bill

    The purpose of H.R. 1135 is to reauthorize the Historically 
Black Colleges and Universities Historic Preservation program.

                  Background and Need for Legislation

    In 1988, the National Park Service (NPS) established the 
Historically Black Colleges and Universities (HBCU) 
Preservation Program with the award of grants to document, 
preserve, and stabilize historic structures on HBCU campuses. 
Throughout the history of the program, NPS has awarded over $60 
million to HBCUs to assist them in repairing historic 
buildings. Historic preservation projects may include: 
structural stabilization, repairing damaged masonry, replacing 
antiquated electrical and plumbing systems, abating 
environmental hazards such as asbestos, repairing termite 
damage, fixing leaking roofs, and providing handicapped 
accessibility.
    Funding for preservation and restoration at HBCUs from the 
Historic Preservation Fund (HPF) was initially authorized by 
the Omnibus Parks and Public Lands Management Act of 1996 
(Public Law 104-333). Specifically, Congress authorized $29 
million to be appropriated and required HBCUs to raise 50 
percent of the funds locally to match the federal grant. 
Further, the law specified that of the amount to be 
appropriated, $23 million in grants would be earmarked for 12 
particular colleges and universities. Later, funding provided 
in the Fiscal Year (FY) 2001 Interior Appropriations Act 
(Public Law 106-291) completed the 12 ongoing projects 
authorized in the 104th Congress.
    In 2003, Congress amended Public Law 104-333 to authorize 
$10 million in additional appropriations for each of FYs 2003 
through 2008, and lowered the matching requirement to 30 
percent. Although funding was authorized, Congress did not 
appropriate the full $10 million in each of those years. 
Instead, Congress appropriated $0 in FY2003, $2.96 million in 
FY2004, $3.45 million in FY2005, $2.96 million in FY2006, and 
$0 in FY2007 and FY2008.
    Since FY2008, no further appropriations were authorized for 
HBCUs from the HPF. However, in supplemental appropriations for 
FY2009 in the American Recovery and Reinvestment Act of 2009 
(Public Law 111-5), Congress appropriated an additional $15 
million for HBCUs (and waived the nonfederal matching 
requirement for these funds).
    In the 114th Congress, Congressman James E. Clyburn (D-SC) 
introduced nearly identical legislation as H.R. 295. On 
February 11, 2016, the Subcommittee on Federal Lands held a 
legislative hearing on the bill. At the hearing, Dr. Henry 
Tisdale, president of Claflin University, a HBCU located in 
Orangeburg, South Carolina, testified in favor of the bill. NPS 
also offered testimony in support of the legislation. 
Subsequently, the bill was reported favorably by the Committee 
on Natural Resources on May 10, 2016 (House Report 114-549), 
and on September 12, 2016, the bill passed the House by voice 
vote.

                            Committee Action

    H.R. 1135 was introduced on February 16, 2017, by 
Congressman James E. Clyburn (D-SC). The bill was referred to 
the Committee on Natural Resources, and within the Committee to 
the Subcommittee on Federal Lands. On April 26, 2017, the 
Natural Resources Committee met to consider the bill. The 
Subcommittee was discharged by unanimous consent. No amendments 
were offered, and the bill was ordered favorably reported to 
the House of Representatives by unanimous consent on April 27, 
2017.

            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 Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

      Compliance With House Rule XIII and Congressional Budget Act

    1. Cost of Legislation and the Congressional Budget Act. 
With respect to the requirements of clause 3(c)(2) and (3) of 
rule XIII of the Rules of the House of Representatives and 
sections 308(a) and 402 of the Congressional Budget Act of 
1974, the Committee has received the following estimate for the 
bill from the Director of the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, May 26, 2017.
Hon. Rob Bishop,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1135, a bill to 
reauthorize the Historically Black Colleges and Universities 
Historic Preservation Program.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Jon Sperl.
            Sincerely,
                                                        Keith Hall.
    Enclosure.

H.R. 1135--A bill to reauthorize the Historically Black Colleges and 
        Universities Historic Preservation Program

    H.R. 1135 would authorize the appropriation of $10 million 
annually from 2018 through 2024 for the Historic Preservation 
Fund to provide grants for the restoration and preservation of 
historic buildings ct Historically Black Colleges and 
Universities (HBCUs). No funds have been appropriated for this 
program since 2009.
    Although the legislation would authorize an annual 
appropriation of $10 million through 2024, CBO estimates that 
demand for the preservation grants would be less than that 
amount. 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. 
Based on an analysis of information from the NPS about the 
expected number of grant applications and the amount of a 
typical grant award, CBO estimates that implementing 
legislation would cost about $3 million a year and $16 million 
over the 2018-2022 period, assuming appropriation of the 
estimated amounts.
    Enacting the bill would not affect direct spending or 
revenues; therefore, pay-as-you-go procedures do not apply. CBO 
estimates that enacting H.R. 1135 would not increase net direct 
spending or on-budget deficits in any of the four consecutive 
10-year periods beginning in 2028.
    H.R. 1135 contains no intergovernmental or private-sector 
mandates defined in the Unfunded Mandates Reform Act and would 
impose no costs on state, local, or tribal governments.
    The CBO staff contact for this estimate is Jon Sperl. The 
estimate was approved by H. Samuel Papenfuss, Deputy Assistant 
Director for Budget Analysis.
    2. 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 reauthorize the Historically Black 
Colleges and Universities Historic Preservation program.

                           Earmark Statement

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                       Compliance With H. Res. 5

    Directed Rule Making. This bill does not contain any 
directed rule makings.
    Duplication of Existing Programs. This bill does not 
establish or reauthorize a program of the federal government 
known to be duplicative of another program. Such program was 
not included in any report from the Government Accountability 
Office to Congress pursuant to section 21 of Public Law 111-139 
or identified in the most recent Catalog of Federal Domestic 
Assistance published pursuant to the Federal Program 
Information Act (Public Law 95-220, as amended by Public Law 
98-169) as relating to other programs.

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

OMNIBUS PARKS AND PUBLIC LANDS MANAGEMENT ACT OF 1996

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DIVISION I

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TITLE V--HISTORIC AREAS AND CIVIL RIGHTS

           *       *       *       *       *       *       *


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.

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