PUBLIC LAW 108–420—NOV. 30, 2004

CALIFORNIA MISSIONS PRESERVATION ACT

118 STAT. 2372 PUBLIC LAW 108–420—NOV. 30, 2004

Public Law 108–420

108th Congress

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.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

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 one

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).

California

Missions

Preservation Act.

Nov. 30, 2004

[H.R. 1446]

PUBLIC LAW 108–420—NOV. 30, 2004 118 STAT. 2373

(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

Contracts.

Reports.

118 STAT. 2374 PUBLIC LAW 108–420—NOV. 30, 2004

LEGISLATIVE HISTORY—H.R. 1446:

SENATE REPORTS: No. 108–375 (Comm. on Energy and Natural Resources).

CONGRESSIONAL RECORD:

Vol. 149 (2003): Oct. 20, considered and passed House.

Vol. 150 (2004): Oct. 10, considered and passed Senate, amended.

Nov. 17, House concurred in Senate amendment.

Æ

for preservation activities in the State under the National Historic

Preservation Act (16 U.S.C. 470 et seq.).

Approved November 30, 2004.