[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3981 Placed on Calendar Senate (PCS)]
Calendar No. 867
110th CONGRESS
2d Session
H. R. 3981
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 9, 2008
Received; read twice and placed on the calendar
_______________________________________________________________________
AN ACT
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 III--GENERAL PROVISIONS
Sec. 301. Prohibition on funding certain activities.
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'' means the Advisory
Council on Historic Preservation.
(2) Heritage tourism.--The term ``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'' means the Preserve
America Program established under section 103(a).
(4) Secretary.--The term ``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, may 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) A training project that provides opportunities
for professional development in areas that would aid a
community in using and promoting its historic
resources.
(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 (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) protection and celebration 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; and
(3) encouragement of people to experience and appreciate
local historic resources through education and heritage tourism
programs.
(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 is authorized to be appropriated to carry out this title
$25,000,000 for each of fiscal years 2009, 2010, 2011, 2012 and 2013,
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;
(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'' means a collection
of intellectual and cultural artifacts, including documents,
sculpture, and works of art.
(2) Eligible entity.--The term ``eligible entity'' means a
Federal entity, State, local, or tribal government, educational
institution, or nonprofit organization.
(3) Historic property.--The term ``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'' 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'' means the Save America's
Treasures Program established under section 203(a).
(6) Secretary.--The term ``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 organizations 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
organizations 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.--
(A) In general.--Subject to subparagraph (B), the
Secretary shall consult with the organizations
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 is authorized to be appropriated to carry out this title
$50,000,000 for each fiscal year, to remain available until expended.
TITLE III--GENERAL PROVISIONS
SEC. 301. PROHIBITION ON FUNDING CERTAIN ACTIVITIES.
None of the funds provided pursuant to this Act may be used to
study or establish a National Heritage Area or fund a National Heritage
Area management entity.
Passed the House of Representatives July 8, 2008.
Attest:
LORRAINE C. MILLER,
Clerk.
Calendar No. 867
110th CONGRESS
2d Session
H. R. 3981
_______________________________________________________________________
AN ACT
To authorize the Preserve America Program and Save America's Treasures
Program, and for other purposes.
_______________________________________________________________________
July 9, 2008
Received; read twice and placed on the calendar