[108th Congress Public Law 420]
[From the U.S. Government Printing Office]
[DOCID: f:publ420.108]
[[Page 2371]]
CALIFORNIA MISSIONS PRESERVATION ACT
[[Page 118 STAT. 2372]]
Public Law 108-420
108th Congress
An Act
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. <<NOTE: Nov. 30, 2004 - [H.R. 1446]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: California
Missions Preservation Act.>>
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 one
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).
[[Page 118 STAT. 2373]]
(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) <<NOTE: Reports.>> 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) <<NOTE: Contracts.>> 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
[[Page 118 STAT. 2374]]
for preservation activities in the State under the National Historic
Preservation Act (16 U.S.C. 470 et seq.).
Approved November 30, 2004.
LEGISLATIVE HISTORY--H.R. 1446:
---------------------------------------------------------------------------
SENATE REPORTS: No. 108-375 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD:
Vol. 149 (2003):
Oct. 20, considered and passed
House.
Vol. 150 (2004):
Oct. 10, considered and passed
Senate, amended.
Nov. 17, House concurred in Senate
amendment.
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