[105th Congress Public Law 127]
[From the U.S. Government Printing Office]
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[DOCID: f:publ127.105]
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Public Law 105-127
105th Congress
An Act
To provide for the design, construction, furnishing and equipping of a
Center for Performing Arts within the complex known as the New Mexico
Hispanic Cultural Center and for other purposes. <<NOTE: Dec. 1,
1997 - [S. 1417]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Hispanic
Cultural Center Act of 1997.>>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hispanic Cultural Center Act of
1997''.
SEC. 2. CONSTRUCTION OF A CENTER FOR PERFORMING ARTS.
(a) Findings.--Congress makes the following findings:
(1) The United States has an enriched legacy of Hispanic
influence in politics, government, economic development, and
cultural expression.
(2) The Hispanic culture in what is now the United States
can be traced to 1528 when a Spanish expedition from Cuba to
Florida was shipwrecked on the Texas coast.
(3) The Hispanic culture in New Mexico can be traced to 1539
when a Spanish Franciscan Friar, Marcos de Niza, and his guide,
Estevanico, traveled into present day New Mexico in search of
the fabled city of Cibola and made contact with the people of
Zuni.
(4) The Hispanic influence in New Mexico is particularly
dominant and a part of daily living for all the citizens of New
Mexico, who are a diverse composite of racial, ethnic, and
cultural peoples. Don Juan de Onate and the first New Mexican
families established the first capital in the United States, San
Juan de los Caballeros, in July of 1598.
(5) Based on the 1990 census, there are approximately
650,000 Hispanics in New Mexico, the majority having roots
reaching back ten or more generations.
(6) There are an additional 200,000 Hispanics living outside
of New Mexico with roots in New Mexico.
(7) The New Mexico Hispanic Cultural Center is a living
tribute to the Hispanic experience and will provide all citizens
of New Mexico, the Southwestern United States, the entire United
States, and around the world, an opportunity to learn about,
partake in, and enjoy the unique Hispanic culture, and the New
Mexico Hispanic Cultural Center will assure that this 400-year
old culture is preserved.
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(8) The New Mexico Hispanic Cultural Center will teach,
showcase, and share all facets of Hispanic culture, including
literature, performing arts, visual arts, culinary arts, and
language arts.
(9) The New Mexico Hispanic Cultural Center will promote a
better cross-cultural understanding of the Hispanic culture and
the contributions of individuals to the society in which we all
live.
(10) In 1993, the legislature and Governor of New Mexico
created the Hispanic Cultural Division as a division within the
Office of Cultural Affairs. One of the principal
responsibilities of the Hispanic Cultural Division is to oversee
the planning, construction, and operation of the New Mexico
Hispanic Cultural Center.
(11) The mission of the New Mexico Hispanic Cultural Center
is to create a greater appreciation and understanding of
Hispanic culture.
(12) The New Mexico Hispanic Cultural Center will serve as a
local, regional, national, and international site for the study
and advancement of Hispanic culture, expressing both the rich
history and the forward-looking aspirations of Hispanics
throughout the world.
(13) The New Mexico Hispanic Cultural Center will be a
Hispanic arts and humanities showcase to display the works of
national and international artists, and to provide a venue for
educators, scholars, artists, children, elders, and the general
public.
(14) The New Mexico Hispanic Cultural Center will provide a
venue for presenting the historic and contemporary
representations and achievements of the Hispanic culture.
(15) The New Mexico Hispanic Cultural Center will sponsor
arts and humanities programs, including programs related to
visual arts of all forms (including drama, dance, and
traditional and contemporary music), research, literary arts,
genealogy, oral history, publications, and special events such
as, fiestas, culinary arts demonstrations, film video
productions, storytelling presentations and education programs.
(16) Phase I of the New Mexico Hispanic Cultural Center
complex is scheduled to be completed by August of 1998 and is
planned to consist of an art gallery with exhibition space and a
museum, administrative offices, a restaurant, a ballroom, a gift
shop, an amphitheater, a research and literary arts center, and
other components.
(17) Phase II of the New Mexico Hispanic Cultural Center
complex is planned to include a performing arts center
(containing a 700-seat theater, a stage house, and a 300-seat
film/video theater), a 150-seat black box theater, an art studio
building, a culinary arts building, and a research and literary
arts building.
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(18) It is appropriate for the Federal Government to share
in the cost of constructing the New Mexico Hispanic Cultural
Center because Congress recognizes that the New Mexico Hispanic
Cultural Center has the potential to be a premier facility for
performing arts and a national repository for Hispanic arts and
culture.
(b) Definitions.--In this section:
(1) Center.--The term ``Center'' means the Center for
Performing Arts, within the complex known as the New Mexico
Hispanic Cultural Center, which Center for the Performing Arts
is a central facility in Phase II of the New Mexico Hispanic
Cultural Center complex.
(2) Hispanic cultural division.--The term ``Hispanic
Cultural Division'' means the Hispanic Cultural Division of the
Office of Cultural Affairs of the State of New Mexico.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(c) Construction of Center.--The Secretary shall award a grant to
New Mexico to pay for the Federal share of the costs of the design,
construction, furnishing, and equipping of the Center for Performing
Arts that will be located at a site to be determined by the Hispanic
Cultural Division, within the complex known as the New Mexico Hispanic
Cultural Center.
(d) Grant Requirements.--
(1) In general.--In order to receive a grant awarded under
subsection (c), New Mexico, acting through the Director of the
Hispanic Cultural Division--
(A) shall submit to the Secretary, within 30 days of
the date of enactment of this section, a copy of the New
Mexico Hispanic Cultural Center Program document dated
January 1996; and
(B) shall exercise due diligence to expeditiously
execute, in a period not to exceed 90 days after the
date of enactment of this section, the memorandum of
understanding under paragraph (2) recognizing that time
is of the essence for the construction of the Center
because 1998 marks the 400th anniversary of the first
permanent Spanish settlement in New Mexico.
(2) Memorandum of understanding.--The memorandum of
understanding described in paragraph (1) shall provide--
(A) the date of completion of the construction of
the Center;
(B) that Antoine Predock, an internationally
recognized architect, shall be the supervising architect
for the construction of the Center or any other
architect subsequently named by the State;
(C) that the Director of the Hispanic Cultural
Division shall award the contract for architectural
engineering and design services in accordance with the
New Mexico Procurement Code; and
(D) that the contract for the construction of the
Center--
(i) shall be awarded pursuant to a competitive
bidding process; and
(ii) shall be awarded not later than 3 months
after the solicitation for bids for the
construction of the Center.
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(3) Federal share.--The Federal share of the costs described
in subsection (c) shall be 50 percent.
(4) Non-federal share.--The non-Federal share of the costs
described in subsection (c) shall be in cash or in kind fairly
evaluated, including plant, equipment, or services. The non-
Federal share shall include any contribution received by New
Mexico for the design, construction, furnishing, or equipping of
Phase I or Phase II of the New Mexico Hispanic Cultural Center
complex prior to the date of enactment of this section. The non-
Federal share of the costs described in subsection (c) shall
include the following:
(A) $16,410,000 that was appropriated by the New
Mexico legislature since January 1, 1993, for the
planning, property acquisition, design, construction,
furnishing, and equipping of the New Mexico Hispanic
Cultural Center complex.
(B) $116,000 that was appropriated by the New Mexico
legislature for fiscal year 1995 for the startup and
operating expenses of the New Mexico Hispanic Cultural
Center.
(C) $226,000 that was appropriated by the New Mexico
legislature for fiscal year 1996 for the startup and
operating expenses of the New Mexico Hispanic Cultural
Center.
(D) $442,000 that was appropriated by the New Mexico
legislature for fiscal year 1997 for the startup and
operating expenses of the New Mexico Hispanic Cultural
Center.
(E) $551,000 that was appropriated by the New Mexico
legislature for fiscal year 1998 for the startup and
operating expenses of the New Mexico Hispanic Cultural
Center.
(F) A 10.9-acre lot with a historic 22,000 square
foot building donated by the Mayor and City Council of
Albuquerque, New Mexico, to New Mexico for the New
Mexico Hispanic Cultural Center.
(G) 12 acres of ``Bosque'' land adjacent to the New
Mexico Hispanic Cultural Center complex for use by the
New Mexico Hispanic Cultural Center.
(H) The $30,000 donation by the Sandia National
Laboratories and Lockheed Martin Corporation to support
the New Mexico Hispanic Cultural Center and the program
activities of the New Mexico Hispanic Cultural Center.
(e) Use of Funds for Design, Construction, Furnishing, and
Equipment.--The funds received under a grant awarded under subsection
(c) shall be used only for the design, construction, management,
inspection, furnishing, and equipment of the Center.
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(f) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section a total of
$17,800,000 for fiscal year 1998 and succeeding fiscal years. Funds
appropriated pursuant to the authority of the preceding sentence shall
remain available until expended.
Approved December 1, 1997.
LEGISLATIVE HISTORY--S. 1417:
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CONGRESSIONAL RECORD, Vol. 143 (1997):
Nov. 7, considered and passed Senate.
Nov. 13, considered and passed House.
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