II 

Calendar No. 734 

108TH CONGRESS 

2D SESSION H. R. 1446 

[Report No. 108–375] 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 21, 2003 

Received and read the first time 

OCTOBER 22, 2003 

Read the second time and placed on the calendar 

FEBRUARY 4, 2003 

Ordered referred to the Committee on Energy and Natural Resources 

SEPTEMBER 28, 2004 

Reported by Mr. DOMENICI, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

AN ACT 

To support the efforts of the California Missions Foundation 

to restore and repair the Spanish colonial and missionera missions in the State of California and to preserve 

the artworks and artifacts of these missions, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
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1 SECTION 1. SHORT TITLE. 

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

3 Preservation Act’’. 

4 SEC. 2. FINDINGS. 

5 Congress finds the following: 

6 (1) The California missions represent some of 

7 our Nation’s oldest historical treasures. 

8 (2) The first of the California missions was 

9 founded in 1769, and eventually a chain of 21 mis10 sions and various sub-missions extended along the 

11 coast of California on El Camino Real. 

12 (3) The California missions contribute greatly 

13 to the rich historical, cultural, and architectural her14 itage of California and the American West. 

15 (4) The knowledge and cultural influence of na16 tive California Indians made a lasting contribution 

17 to the early settlement of California and the develop18 ment of the California missions. 

19 (5) More than 5,300,000 people visit the Cali20 fornia missions annually, and the historical impor21 tance of the California missions extends worldwide 

22 as they have become a frequent destination for for23 eign visitors to the United States. 

24 (6) The history of the California missions is an 

25 important educational component in California 

26 schools, and the study of the California missions is 
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1 part of the Statewide fourth grade curricula on Cali2 fornia history. 

3 (7) Restoration and repair of the California 

4 missions, and the preservation of the Spanish colo5 nial and mission-era artworks and artifacts of the 

6 California missions, for the public enjoyment will en7 sure that future generations also have the benefit of 

8 experiencing and appreciating these great symbols of 

9 the spirit of exploration and discovery in the Amer10 ican West. 

11 SEC. 3. SUPPORT FOR THE RESTORATION AND PRESERVA12 TION OF THE CALIFORNIA MISSIONS. 

13 (a) DEFINITIONS.—In this section: 

14 (1) CALIFORNIA MISSIONS.—The term ‘‘Cali15 fornia missions’’ means the following historic Span16 ish missions located in the State of California and 

17 designated as California Registered Historical Land18 marks: 

19 (A) Mission La Purisima Concepcion, 

20 Lompoc. 

21 (B) Mission La Soledad, Soledad. 

22 (C) Mission San Antonio de Padua, Jolon. 

23 (D) Mission San Buenaventura, Ventura. 

24 (E) Mission San Carlos Borromeo del Rio 

25 Carmelo, Carmel. 
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1 (F) Mission San Diego Alcala, San Diego. 

2 (G) Mission San Fernando Rey de Espana, 

3 Mission Hills. 

4 (H) Mission San Francisco de Asis, San 

5 Francisco. 

6 (I) Mission San Francisco Solano, 

7 Sonoma. 

8 (J) Mission San Gabriel Arcangel, San Ga9 briel. 

10 (K) Mission San Jose, Fremont. 

11 (L) Mission San Juan Bautista, San Juan 

12 Bautista. 

13 (M) Mission San Juan Capistrano, San 

14 Juan Capistrano. 

15 (N) Mission San Luis Obispo de Tolosa 

16 and its Asistencia (sub-mission) of Santa Mar17 garita de Cortona, San Luis Obispo. 

18 (O) Mission San Luis Rey de Francia and 

19 its Asistencia (sub-mission), Oceanside. 

20 (P) Mission San Miguel Arcangel, San 

21 Miguel. 

22 (Q) Mission San Rafael Arcangel, San 

23 Rafael. 

24 (R) Mission Santa Barbara Virgen y 

25 Martir, Santa Barbara. 
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1 (S) Mission Santa Clara de Asis, Santa 

2 Clara. 

3 (T) Mission Santa Cruz, Santa Cruz. 

4 (U) Mission Santa Ines Virgen y Martir, 

5 Solvang. 

6 (V) Asistencia San Antonio de Pala, Pala. 

7 (2) CALIFORNIA MISSIONS FOUNDATION.—The 

8 term ‘‘California Missions Foundation’’ means the 

9 charitable corporation established in the State of 

10 California in 1998 to fund the restoration and repair 

11 of the California missions and the preservation of 

12 the Spanish colonial and mission-era artworks and 

13 artifacts of the California missions. The Foundation 

14 is exempt from State franchise and income tax and 

15 is organized and operated exclusively for charitable 

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

17 Revenue Code of 1986. 

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

19 the Secretary of the Interior. 

20 (b) GRANTS AUTHORIZED.—The Secretary of the In21 terior may make grants to the California Missions Foun22 dation to support the efforts of the California Missions 

23 Foundation to restore and repair the California missions 

24 and to preserve the artworks and artifacts associated with 

25 the California missions. As provided in section 101(e)(4) 
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1 of the National Historic Preservation Act (16 U.S.C. 

2 470a(e)(4)), the Secretary shall ensure that the purpose 

3 of a grant under this section is secular, does not promote 

4 religion, and seeks to protect those qualities that are his5 torically significant. 

6 (c) APPLICATION.—In order to receive a grant under 

7 this section for the preservation of the California missions, 

8 the California Missions Foundation shall submit to the 

9 Secretary an application that includes— 

10 (1) a status report on the condition of the in11 frastructure and artifacts for each of the California 

12 missions; and 

13 (2) a comprehensive program for restoration, 

14 repair, and preservation of such infrastructure and 

15 artifacts, including prioritized preservation efforts to 

16 be conducted over a 5-year period and the estimated 

17 costs of such preservation efforts. 

18 (d) MATCHING FUND REQUIREMENT.—The Sec19 retary shall require the California Missions Foundation to 

20 match grant funds provided under this section. 

21 (e) REPORT.—As a condition of a grant under this 

22 section, the California Missions Foundation shall submit 

23 to the Secretary an annual report on the status of the 

24 preservation efforts undertaken using grant funds pro-
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1 vided under this section. The Secretary shall submit a 

2 copy of each report to Congress. 

3 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

4 authorized to be appropriated to the Secretary a total of 

5 $10,000,000 during the five-fiscal year period beginning 

6 October 1, 2003, to make grants under this section. Funds 

7 appropriated pursuant to the authorization of appropria8 tions in this section shall be in addition to any funds made 

9 available for preservation efforts in the State of California 

10 under the National Historic Preservation Act. 

11 SECTION 1. SHORT TITLE. 

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

13 Preservation Act’’. 

14 SEC. 2. DEFINITIONS. 

15 In this Act: 

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

17 mission’’ means each of the 21 historic Spanish mis18 sions and 1 asistencia that— 

19 (A) are located in the State; 

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

21 (C) are designated as California Registered 

22 Historic Landmarks. 

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

24 means the California Missions Foundation, a non25 sectarian charitable corporation that— 
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1 (A) was established in the State in 1998 to 

2 fund the restoration and repair of the California 

3 missions; and 

4 (B) is operated exclusively for charitable 

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

6 Revenue Code of 1986. 

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

8 the Secretary of the Interior. 

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

10 of California. 

11 SEC. 3. COOPERATIVE AGREEMENTS. 

12 (a) IN GENERAL.—The Secretary may enter into a co13 operative agreement with the Foundation to provide tech14 nical and financial assistance to the Foundation to restore 

15 and repair— 

16 (1) the California missions; and 

17 (2) the artwork and artifacts associated with the 

18 California missions. 

19 (b) FINANCIAL ASSISTANCE.— 

20 (1) IN GENERAL.—The cooperative agreement 

21 may authorize the Secretary to make grants to the 

22 Foundation to carry out the purposes described in 

23 subsection (a). 

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

25 grant or other form of financial assistance under this 
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1 Act, a California mission must be listed on the Na2 tional Register of Historic Places. 

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

4 form of financial assistance under this Act, the Foun5 dation shall submit to the Secretary an application 

6 that— 

7 (A) includes a status report on the condi8 tion of the infrastructure and associated artifacts 

9 of each of the California missions for which the 

10 Foundation is seeking financial assistance; and 

11 (B) describes a comprehensive program for 

12 the restoration, repair, and preservation of the 

13 infrastructure and artifacts referred to in sub14 paragraph (A), including— 

15 (i) a description of the prioritized 

16 preservation activities to be conducted over 

17 a 5-year period; and 

18 (ii) an estimate of the costs of the pres19 ervation activities. 

20 (4) APPLICABLE LAW.—Consistent with section 

21 101(e)(4) of the National Historic Preservation Act 

22 (16 U.S.C. 470a(e)(4)), the Secretary shall ensure 

23 that the purpose of any grant or other financial as24 sistance provided by the Secretary to the Foundation 

25 under this Act— 
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1 (A) is secular; 

2 (B) does not promote religion; and 

3 (C) seeks to protect qualities that are his4 torically significant. 

5 (c) REVIEW AND DETERMINATION.— 

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

7 proposed agreement to the Attorney General for re8 view. 

9 (2) DETERMINATION.—A cooperative agreement 

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

11 until the Attorney General issues a finding that the 

12 proposed agreement submitted under paragraph (1) 

13 does not violate the establishment clause of the first 

14 amendment of the Constitution. 

15 (d) REPORT.—As a condition of receiving financial as16 sistance under this Act, the Foundation shall annually sub17 mit to the Secretary and to the Committee on Energy and 

18 Natural Resources of the Senate and the Committee on Re19 sources of the House of Representatives a report that de20 scribes the status of the preservation activities carried out 

21 using amounts made available under this Act. 

22 SEC. 4. AUTHORIZATION OF APPROPRIATIONS. 

23 (a) IN GENERAL.—There is authorized to be appro24 priated to carry out this Act $10,000,000 for the period of 

25 fiscal years 2004 through 2009. 
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1 (b) MATCHING REQUIREMENT.—Any amounts made 

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

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

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

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

6 made available for preservation activities in the State 

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

8 470 et seq.). 
Calendar No. 734 

108TH CONGRESS 

2D SESSION H. R. 1446 

[Report No. 108–375] 

AN ACT 

To support the efforts of the California Missions 

facts of these missions, and for other purposes. California and to preserve the artworks and artilonial and mission-era missions in the State of Foundation to restore and repair the Spanish coSEPTEMBER 28, 2004 

Reported with an amendment