H. Rept. 114-549 - TO REAUTHORIZE THE HISTORICALLY BLACK COLLEGES AND UNIVERSITIES HISTORIC PRESERVATION PROGRAM114th Congress (2015-2016)

H. Rept. 114-549 - 114th Congress (2015-2016)

Formatting necessary for an accurate reading of this legislative text may be shown by tags (e.g., <DELETED> or <BOLD>) or may be missing from this TXT display. For complete and accurate display of this text, see the PDF.

House Report 114-549 - TO REAUTHORIZE THE HISTORICALLY BLACK COLLEGES AND UNIVERSITIES HISTORIC PRESERVATION PROGRAM

[House Report 114-549]
[From the U.S. Government Publishing Office]


114th Congress   }                                       {      Report
                        HOUSE OF REPRESENTATIVES
 2d Session      }                                       {     114-549

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



 
    TO REAUTHORIZE THE HISTORICALLY BLACK COLLEGES AND UNIVERSITIES 
                     HISTORIC PRESERVATION PROGRAM

                                _______
                                

  May 10, 2016.--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. 295]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 295) to reauthorize the Historically Black 
Colleges and Universities Historic Preservation program, having 
considered the same, report favorably thereon with an amendment 
and recommend that the bill as amended do pass.
    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. HISTORICALLY BLACK COLLEGES AND UNIVERSITIES HISTORIC 
                    PRESERVATION PROGRAM REAUTHORIZED.

  Section 507(d)(2) of the Omnibus Parks and Public Lands Management 
Act of 1996 (54 U.S.C. 302101 note) is amended by striking the period 
at the end and inserting ``and each of fiscal years 2017 through 
2023.''.

                          Purpose of the Bill

    The purpose of H.R. 295 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, the 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 
twelve particular colleges and universities. Later, funding 
provided in the Fiscal Year 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 fiscal 
years 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).
    On February 11, 2016, the Subcommittee on Federal Lands 
held a legislative hearing on H.R. 295. At the hearing, Dr. 
Henry Tisdale, president of Claflin University, a HBCU located 
in Orangeburg, South Carolina, testified in favor of H.R. 295. 
Additionally, Dr. Stephanie Toothman, Associate Director of 
Cultural Resources, Partnerships and Science at the National 
Park Service, offered testimony from the Department of the 
Interior in support of the bill.

                            Committee Action

    H.R. 295 was introduced on January 13, 2015, 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 February 11, 2016, the 
Subcommittee held a hearing on the bill. On March 15, 2016, the 
Natural Resources Committee met to consider the bill. The 
Subcommittee was discharged by unanimous consent. Chairman Rob 
Bishop (R-UT) offered an amendment designated #1. The amendment 
was adopted by unanimous consent. No other amendments were 
offered, and the bill, as amended, was ordered favorably 
reported to the House of Representatives by unanimous consent 
on March 16, 2016.

            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

    1. Cost of Legislation. Clause 3(d)(1) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(2)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974. Under clause 3(c)(3) of rule 
XIII of the Rules of the House of Representatives and section 
403 of the Congressional Budget Act of 1974, the Committee has 
received the following cost estimate for this bill from the 
Director of the Congressional Budget Office:

H.R. 295--To Reauthorize the Historically Black Colleges and 
        Universities Historic Preservation Program

    H.R. 295 would authorize the appropriation of $10 million 
annually from 2017 through 2023 for the Historic Preservation 
Fund to provide grants for the restoration and preservation of 
historic buildings at 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 2023, 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 information from the NPS about the expected number of 
grant applications and the amount of the typical grant award, 
CBO estimates that implementing the legislation would cost 
about $3 million a year and $12 million over the 2017-2021 
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. 295 would not increase net 
direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2027.
    H.R. 295 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 Marin Burnett. 
The estimate was approved by H. Samuel Papenfuss, Deputy 
Assistant Director for Budget Analysis.
    2. Section 308(a) of Congressional Budget Act. As required 
by clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives and section 308(a) of the Congressional Budget 
Act of 1974, this bill does not contain any new budget 
authority, spending authority, credit authority, or an increase 
or decrease in revenues or tax expenditures. The Congressional 
Budget Office has concluded that implementing the legislation 
would cost about $12 million over the 2017-2021 time period, 
subject to appropriation.
    3. 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. The Chairman does not believe that 
this bill directs any executive branch official to conduct any 
specific rule-making proceedings.
    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 italic, and existing law in which no 
change is proposed is shown in roman):

         OMNIBUS PARKS AND PUBLIC LANDS MANAGEMENT ACT OF 1996




           *       *       *       *       *       *       *
DIVISION I

           *       *       *       *       *       *       *


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 
        2017 through 2023.
  (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.

           *       *       *       *       *       *       *


                                  [all]