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[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1446 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  

                  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:

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 1 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).
            (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) 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) 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 for preservation 
activities in the State under the National Historic Preservation Act 
(16 U.S.C. 470 et seq.).

            Attest:

                                                             Secretary.
108th CONGRESS

  2d Session

                               H. R. 1446

_______________________________________________________________________

                               AMENDMENT
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