79–010 

Calendar No. 391 

115TH CONGRESS REPORT " ! SENATE 2d Session 115–236 

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 H.R. 1135] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Energy and Natural Resources, to which was 

referred the bill (H.R. 1135) 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 H.R. 1135 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 inVerDate Sep 11 2014 07:26 Apr 26, 2018 Jkt 079010 PO 00000 Frm 00001 Fmt 6659 Sfmt 6602 E:\HR\OC\SR236.XXX SR236
2 

tended 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

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. 

Companion legislation, S. 1446, was introduced by Senators Harris and Graham on June 27, 2017. Similar language was included 

in section 7118 of S. 1460, the Energy and Natural Resources Act 

of 2017 (Cal. 162). 

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 H.R. 1135. 

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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: 

H.R. 1135 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 

act would cost $17 million over the 2019–2023 period, assuming appropriation of the authorized amounts. 

Enacting H.R. 1135 would not affect direct spending or revenues; 

therefore, pay-as-you-go procedures do not apply. 

CBO estimates that enacting [Title] would not increase net direct 

spending or on-budget deficits in any of the four consecutive 10- 

year periods beginning in 2029. 

H.R. 1135 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 H.R. 1135 is shown in the following table. The costs 

of the legislation fall within budget function 30. 

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 

H.R. 1135 would authorize the appropriation of $10 million in 2018. CBO does not estimate any outlays for that authorization because ap- propriations for 2018 have already been provided. 

Basis of estimate: For this estimate, CBO assumes the legislation 

will be enacted near the end of 2018. H.R. 1135 would authorize 

appropriations of $10 million a year over the 2018–2024 period. 

CBO estimates that demand for the HCBU 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 H.R. 1135 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 H.R. 1135 would not increase net direct spendVerDate Sep 11 2014 07:26 Apr 26, 2018 Jkt 079010 PO 00000 Frm 00003 Fmt 6659 Sfmt 6602 E:\HR\OC\SR236.XXX SR236
4 

ing or on-budget deficits in any of the four consecutive 10-year periods beginning in 2029. 

Mandates: H.R. 1135 contains no intergovernmental or privatesector 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 S. 1446, a bill 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 

H.R. 1135. 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 H.R. 1135, as ordered reported. 

CONGRESSIONALLY DIRECTED SPENDING

H.R. 1135, 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 H.R. 1135 follows: 

STATEMENT OF P. DANIEL SMITH, DEPUTY DIRECTOR, EXERCISING THE AUTHORITY OF THE DIRECTOR OF THE NA- TIONAL 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 

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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 

* * * * * * * 

6 

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, 

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$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 

ø.¿ 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. 

* * * * * * * 

Æ