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[Senate Report 115-234]
[From the U.S. Government Publishing Office]

                                                       Calendar No. 389
                                                       
115th Congress       }                                     {    Report
                                 SENATE
 2d Session          }                                     {  115-234

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

 
    TO REAUTHORIZE THE HISTORICALLY BLACK COLLEGES AND UNIVERSITIES 
                     HISTORIC PRESERVATION PROGRAM

                                _______
                                

                 April 25, 2018.--Ordered to be printed

                                _______
                                

  Ms. Murkowski, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 1446]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 1446) to reauthorize the Historically 
Black Colleges and Universities Historic Preservation program, 
having considered the same, reports favorably thereon without 
amendment and recommends that the bill do pass.

                                Purpose

    The purpose of S. 1446 is to reauthorize the Historically 
Black Colleges and Universities Historic Preservation program 
for fiscal years 2018 through 2024.

                          Background and Need

    Historically Black Colleges and Universities (HBCUs) are 
defined by the Higher Education Act of 1965, as amended, as 
``any historically black college or university that was 
established prior to 1964, whose principal mission was, and is, 
the education of black Americans, and that is accredited by a 
nationally recognized accrediting agency or association 
determined by the Secretary of Education to be a reliable 
authority as to the quality of training offered or is, 
according to such agency or association, making reasonable 
progress toward accreditation.'' The National Center for 
Education Statistics currently lists 102 accredited HBCUs.
    In 1980, President Jimmy Carter signed Executive Order 
12232, establishing the White House Initiative on HBCUs, which 
was intended to create a structure to help the schools access 
and benefit from Federally funded programs. As a result, the 
National Park Service (NPS) began awarding matching grants, 
and, at times, earmarked grants, to HBCUs for the purpose of 
historic preservation. These grants aid HBCUs in repairing 
historic buildings on their campuses. Initially, all HBCUs were 
required to provide a 50 percent matching requirement for 
Federal grants, but this was reduced to 30 percent in 2004. In 
addition, the 2009 American Recovery and Reinvestment Act 
(Public Law 111-5) earmarked an additional $15 million for the 
HBCU Preservation Program. In 2017, Congress appropriated $4 
million for the program.
    HBCU matching grants may be used to ``repair historic 
structures on the campuses of Historically Black Colleges and 
Universities that are listed in the National Register of 
Historic Places or considered eligible to be listed by the 
State Historic Preservation Officer.'' In addition, the project 
applicants must meet additional federal guidelines, including 
matching and essential preservation repair work requirements. 
No new construction or major reconstruction is eligible for the 
program.

                          Legislative History

    Senators Harris and Graham introduced S. 1446 on June 27, 
2017. Similar language was included in section 7118 of S. 1460, 
the Energy and Natural Resources Act of 2017 (Cal. 162).
    Companion legislation, H.R. 1135, was introduced by Rep. 
Clyburn on February 16, 2017, in the House of Representatives 
and referred to the Committee on Natural Resources. The House 
Committee on Natural Resources favorably reported H.R. 1135 (H. 
Rept. 115-157) on June 2, 2017. On June 27, 2017, H.R. 1135 
passed the House of Representatives by voice vote.
    The Senate Subcommittee on National Parks conducted a 
hearing on S. 1446 and H.R. 1135 on February 14, 2018.
    In the 114th Congress, Senator Graham introduced similar 
legislation, S. 3512, on December 7, 2016. Companion 
legislation, H.R. 295, was introduced in the House of 
Representatives by Rep. Clyburn on January 13, 2015, and 
referred to the Committee on Natural Resources. H.R. 295 was 
favorably reported, as amended, by the House Committee on 
Natural Resources (H. Rept. 114-549) on May 10, 2016. H.R. 295 
passed the House of Representatives by voice vote on September 
12, 2016.
    The Committee on Energy and Natural Resources met in open 
business session on March 8, 2018, and ordered S. 1446 and H.R. 
1135 favorably reported.

                        Committee Recommendation

    The Senate Committee on Energy and Natural Resources, in 
open business session on March 8, 2018, by a majority voice 
vote of a quorum present, recommends that the Senate pass S. 
1446.

                      Section-by-Section Analysis

Section 1. Historically Black Colleges and Universities Historic 
        Preservation program reauthorized

    Section 1 amends Section 507(d)(2) of the Omnibus Parks and 
Public Lands Management Act of 1996 (Public Law 104-333) to 
reauthorize the Historically Black Colleges and Universities 
Historic Preservation program for fiscal years 2018 through 
2024.

                   Cost and Budgetary Considerations

    The following estimate of the costs of this measure has 
been provided by the Congressional Budget Office:
    Summary: S. 1446 would authorize the appropriation of funds 
for the Historic Preservation Fund to provide grants for the 
restoration and preservation of historic buildings at 
Historically Black Colleges and Universities (HBCUs). CBO 
estimates that implementing the bill would cost $17 million 
over the 2019-2023 period, assuming appropriation of the 
authorized amounts.
    Enacting S. 1446 would not affect direct spending or 
revenues; therefore, pay-as-you-go procedures do not apply.
    CBO estimates that enacting S. 1466 would not increase net 
direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2029.
    S. 1446 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
    Estimated cost to the Federal Government: The estimated 
budgetary effect of S. 1466 is shown in the following table. 
The costs of the legislation fall within budget function 300 
(natural resources and environment).

----------------------------------------------------------------------------------------------------------------
                                                                By fiscal year, in millions of dollars--
                                                      ----------------------------------------------------------
                                                        2018    2019    2020    2021    2022    2023   2019-2023
----------------------------------------------------------------------------------------------------------------
                                 INCREASES IN SPENDING SUBJECT TO APPROPRIATION
 
Authorization Level..................................      10      10      10      10      10      10        50
Estimated Outlays....................................       0       3       3       3       4       4        17
----------------------------------------------------------------------------------------------------------------
S. 1446 would authorize the appropriation of $10 million in 2018. CBO does not estimate any outlays for that
  authorization because appropriations for 2018 have already been provided.

    Basis of estimate: For this estimate, CBO assumes the bill 
will be enacted near the end of 2018. S. 1446 would authorize 
appropriations of $10 million a year over the 2018-2024 period.
    CBO estimates that demand for the HBCU preservation grants 
would be less than the annual amount that would be authorized. 
(In 2018, the Congress provided $5 million for this program.) 
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. Using information 
from the NPS about the expected number of grant applications 
and typical grant amounts, CBO estimates that implementing S. 
1446 would cost $17 million over the 2019-2023 period, assuming 
appropriation of the authorized amounts.
    Pay-As-You-Go considerations: None.
    Increase in long-term direct spending and deficits: CBO 
estimates that enacting S. 1466 would not increase net direct 
spending or on-budget deficits in any of the four consecutive 
10-year periods beginning in 2029.
    Mandates: S. 1446 contains no intergovernmental or private-
sector mandates as defined in UMRA.
    Previous CBO estimate: On May 26, 2017, CBO transmitted a 
cost estimate for H.R. 1135, a bill to reauthorize the 
Historically Black Colleges and Universities Historic 
Preservation program, as ordered reported by the House 
Committee on Natural Resources on April 27, 2017. On April 11, 
2018, CBO transmitted a cost estimate for H.R. 1135, an act to 
reauthorize the Historically Black Colleges and Universities 
Historic Preservation program, as ordered reported by the 
Senate Committee on Energy and Natural Resources on March 8, 
2018. The three pieces of legislation are similar; however, 
differences in estimated outlays reflect different assumptions 
about when the legislation will be enacted.
    Estimate prepared by: Federal costs: Janani Shankaran; 
Mandates: Zachary Byrum.
    Estimate reviewed by: Kim P. Cawley, Chief, Natural and 
Physical Resources Cost Estimates Unit; H. Samuel Papenfuss, 
Deputy Assistant Director for Budget Analysis.

                      Regulatory Impact Evaluation

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 1446. The bill is not a regulatory measure in 
the sense of imposing Government-established standards or 
significant economic responsibilities on private individuals 
and businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of S. 1446, as ordered reported.

                   Congressionally Directed Spending

    S. 1446, as ordered reported, does not contain any 
congressionally directed spending items, limited tax benefits, 
or limited tariff benefits as defined in rule XLIV of the 
Standing Rules of the Senate.

                        Executive Communications

    The testimony provided by the Department of the Interior at 
the February 14, 2018, hearing on S. 1446 follows:

Statement of P. Daniel Smith, Deputy Director, Exercising the Authority 
    of the Director of the National Park Service, Department of the 
 Interior, Before the Senate Energy and Natural Resources Subcommittee 
    on National Parks, Concerning S. 1446 and H.R. 1135, a Bill To 
 Reauthorize the Historically Black Colleges and Universites Historic 
                          Preservation Program

    Chairman Daines, Ranking Member King, and members of the 
Subcommittee, thank you for the opportunity to present the 
Department of the Interior's views on S. 1446 and H.R. 1135, 
bills to reauthorize the Historically Black Colleges and 
Universities historic preservation program.
    The Department supports S. 1446 and H.R. 1135. This bill 
would reauthorize funding for the preservation and restoration 
of historic buildings and structures on the campuses of 
Historically Black Colleges and Universities (HBCUs) for fiscal 
years 2018 through 2024, at a level of $10 million annually. 
This program provides infrastructure support for these 
important institutions.
    The funding authorized by S. 1446 and H.R. 1135 would 
support public-private partnership efforts to revitalize 
historic HBCU buildings. Repairs would improve safety and 
functionality, including stabilizing structures, repairing 
damaged masonry, abating environmental hazards such as lead 
paint and asbestos, replacing antiquated electrical and 
plumbing systems, fixing leaking roofs, repairing termite 
damage, and providing handicapped accessibility. The historic 
buildings on these campuses have specialized repair needs, 
requiring highly skilled trades and quality materials, the 
costs of which may strain a limited college budget.
    Between 1998 and 2009, almost $60 million of Historic 
Preservation Fund (HPF) grants were awarded to HBCUs. These HPF 
apportionments supported over 60 institutions, funding 131 
infrastructure projects. While the prior annual authorization 
(P.L. 104-333, as amended by P.L. 108-7) expired at the end of 
2008, in some subsequent years, Congress has appropriated 
funding for historic preservation grants to HBCUs under the 
broader authority of the National Historic Preservation Act (54 
U.S.C. 302906). HBCUs continue to proudly provide opportunities 
for higher education, show us that education can serve as a 
path to prosperity, and preserve an important part of the 
American story.
    Mr. Chairman, this concludes my statement. I would be 
pleased to answer any questions you or other members of the 
Subcommittee may have.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the original bill, as reported, are shown as follows (existing 
law proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

PUBLIC LAW 104-333

           *       *       *       *       *       *       *

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 
        2018 through 2024.
          (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.

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