In the Senate of the United States,

October 10, 2004.

Resolved, That the bill from the House of Representatives (H.R. 1446) entitled ‘‘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.’’, do pass with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘California Missions

3 Preservation Act’’.
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HR 1446 EAS

1 SEC. 2. DEFINITIONS.

2 In this Act:

3 (1) CALIFORNIA MISSION.—The term ‘‘California

4 mission’’ means each of the 21 historic Spanish mis5 sions and 1 asistencia that—

6 (A) are located in the State;

7 (B) were built between 1769 and 1798; and

8 (C) are designated as California Registered

9 Historic Landmarks.

10 (2) FOUNDATION.—The term ‘‘Foundation’’

11 means the California Missions Foundation, a non12 sectarian charitable corporation that—

13 (A) was established in the State in 1998 to

14 fund the restoration and repair of the California

15 missions; and

16 (B) is operated exclusively for charitable

17 purposes under section 501(c)(3) of the Internal

18 Revenue Code of 1986.

19 (3) SECRETARY.—The term ‘‘Secretary’’ means

20 the Secretary of the Interior.

21 (4) STATE.—The term ‘‘State’’ means the State

22 of California.

23 SEC. 3. COOPERATIVE AGREEMENTS.

24 (a) IN GENERAL.—The Secretary may enter into a co25 operative agreement with the Foundation to provide tech-
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HR 1446 EAS

1 nical and financial assistance to the Foundation to restore

2 and repair—

3 (1) the California missions; and

4 (2) the artwork and artifacts associated with the

5 California missions.

6 (b) FINANCIAL ASSISTANCE.—

7 (1) IN GENERAL.—The cooperative agreement

8 may authorize the Secretary to make grants to the

9 Foundation to carry out the purposes described in

10 subsection (a).

11 (2) ELIGIBILITY.—To be eligible to receive a

12 grant or other form of financial assistance under this

13 Act, a California mission must be listed on the Na14 tional Register of Historic Places.

15 (3) APPLICATION.—To receive a grant or other

16 form of financial assistance under this Act, the Foun17 dation shall submit to the Secretary an application

18 that—

19 (A) includes a status report on the condi20 tion of the infrastructure and associated artifacts

21 of each of the California missions for which the

22 Foundation is seeking financial assistance; and

23 (B) describes a comprehensive program for

24 the restoration, repair, and preservation of the
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HR 1446 EAS

1 infrastructure and artifacts referred to in sub2 paragraph (A), including—

3 (i) a description of the prioritized

4 preservation activities to be conducted over

5 a 5-year period; and

6 (ii) an estimate of the costs of the pres7 ervation activities.

8 (4) APPLICABLE LAW.—Consistent with section

9 101(e)(4) of the National Historic Preservation Act

10 (16 U.S.C. 470a(e)(4)), the Secretary shall ensure

11 that the purpose of any grant or other financial as12 sistance provided by the Secretary to the Foundation

13 under this Act—

14 (A) is secular;

15 (B) does not promote religion; and

16 (C) seeks to protect qualities that are his17 torically significant.

18 (c) REVIEW AND DETERMINATION.—

19 (1) IN GENERAL.—The Secretary shall submit a

20 proposed agreement to the Attorney General for re21 view.

22 (2) DETERMINATION.—A cooperative agreement

23 entered into under subsection (a) shall not take effect

24 until the Attorney General issues a finding that the

25 proposed agreement submitted under paragraph (1)
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HR 1446 EAS

1 does not violate the establishment clause of the first

2 amendment of the Constitution.

3 (d) REPORT.—As a condition of receiving financial as4 sistance under this Act, the Foundation shall annually sub5 mit to the Secretary and to the Committee on Energy and

6 Natural Resources of the Senate and the Committee on Re7 sources of the House of Representatives a report that de8 scribes the status of the preservation activities carried out

9 using amounts made available under this Act.

10 SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

11 (a) IN GENERAL.—There is authorized to be appro12 priated to carry out this Act $10,000,000 for the period of

13 fiscal years 2004 through 2009.

14 (b) MATCHING REQUIREMENT.—Any amounts made

15 available to carry out this Act shall be matched on not less

16 than a 1-to-1 basis by the Foundation.

17 (c) OTHER AMOUNTS.—Any amounts made available

18 to carry out this Act shall be in addition to any amounts

19 made available for preservation activities in the State

20 under the National Historic Preservation Act (16 U.S.C.

21 470 et seq.).

Attest:

Secretary.
108TH CONGRESS

2D SESSION H. R. 1446

AMENDMENT