105TH CONGRESS

1ST SESSION S. 1417

AN ACT

To provide for the design, construction, furnishing and equipping of a Center for Performing Arts within the complex

known as the New Mexico Hispanic Cultural Center 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,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Hispanic Cultural Cen5 ter Act of 1997’’.
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1 SEC. 2. CONSTRUCTION OF A CENTER FOR PERFORMING

2 ARTS.

3 (a) FINDINGS.—Congress makes the following find4 ings:

5 (1) The United States has an enriched legacy

6 of Hispanic influence in politics, government, eco7 nomic development, and cultural expression.

8 (2) The Hispanic culture in what is now the

9 United States can be traced to 1528 when a Spanish

10 expedition from Cuba to Florida was shipwrecked on

11 the Texas coast.

12 (3) The Hispanic culture in New Mexico can be

13 traced to 1539 when a Spanish Franciscan Friar,

14 Marcos de Niza, and his guide, Estevanico, traveled

15 into present day New Mexico in search of the fabled

16 city of Cibola and made contact with the people of

17 Zuni.

18 (4) The Hispanic influence in New Mexico is

19 particularly dominant and a part of daily living for

20 all the citizens of New Mexico, who are a diverse

21 composite of racial, ethnic, and cultural peoples.

22 Don Juan de Onate and the first New Mexican fam23 ilies established the first capital in the United

24 States, San Juan de los Caballeros, in July of 1598.

25 (5) Based on the 1990 census, there are ap26 proximately 650,000 Hispanics in New Mexico, the
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1 majority having roots reaching back ten or more

2 generations.

3 (6) There are an additional 200,000 Hispanics

4 living outside of New Mexico with roots in New Mex5 ico.

6 (7) The New Mexico Hispanic Cultural Center

7 is a living tribute to the Hispanic experience and will

8 provide all citizens of New Mexico, the Southwestern

9 United States, the entire United States, and around

10 the world, an opportunity to learn about, partake in,

11 and enjoy the unique Hispanic culture, and the New

12 Mexico Hispanic Cultural Center will assure that

13 this 400-year old culture is preserved.

14 (8) The New Mexico Hispanic Cultural Center

15 will teach, showcase, and share all facets of Hispanic

16 culture, including literature, performing arts, visual

17 arts, culinary arts, and language arts.

18 (9) The New Mexico Hispanic Cultural Center

19 will promote a better cross-cultural understanding of

20 the Hispanic culture and the contributions of indi21 viduals to the society in which we all live.

22 (10) In 1993, the legislature and Governor of

23 New Mexico created the Hispanic Cultural Division

24 as a division within the Office of Cultural Affairs.

25 One of the principal responsibilities of the Hispanic
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1 Cultural Division is to oversee the planning, con2 struction, and operation of the New Mexico Hispanic

3 Cultural Center.

4 (11) The mission of the New Mexico Hispanic

5 Cultural Center is to create a greater appreciation

6 and understanding of Hispanic culture.

7 (12) The New Mexico Hispanic Cultural Center

8 will serve as a local, regional, national, and inter9 national site for the study and advancement of His10 panic culture, expressing both the rich history and

11 the forward-looking aspirations of Hispanics

12 throughout the world.

13 (13) The New Mexico Hispanic Cultural Center

14 will be a Hispanic arts and humanities showcase to

15 display the works of national and international art16 ists, and to provide a venue for educators, scholars,

17 artists, children, elders, and the general public.

18 (14) The New Mexico Hispanic Cultural Center

19 will provide a venue for presenting the historic and

20 contemporary representations and achievements of

21 the Hispanic culture.

22 (15) The New Mexico Hispanic Cultural Center

23 will sponsor arts and humanities programs, includ24 ing programs related to visual arts of all forms (in25 cluding drama, dance, and traditional and contem-
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1 porary music), research, literary arts, genealogy,

2 oral history, publications, and special events such as,

3 fiestas, culinary arts demonstrations, film video pro4 ductions, storytelling presentations and education

5 programs.

6 (16) Phase I of the New Mexico Hispanic Cul7 tural Center complex is scheduled to be completed

8 by August of 1998 and is planned to consist of an

9 art gallery with exhibition space and a museum, ad10 ministrative offices, a restaurant, a ballroom, a gift

11 shop, an amphitheater, a research and literary arts

12 center, and other components.

13 (17) Phase II of the New Mexico Hispanic Cul14 tural Center complex is planned to include a per15 forming arts center (containing a 700-seat theater,

16 a stage house, and a 300-seat film/video theater), a

17 150-seat black box theater, an art studio building, a

18 culinary arts building, and a research and literary

19 arts building.

20 (18) It is appropriate for the Federal Govern21 ment to share in the cost of constructing the New

22 Mexico Hispanic Cultural Center because Congress

23 recognizes that the New Mexico Hispanic Cultural

24 Center has the potential to be a premier facility for
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1 performing arts and a national repository for His2 panic arts and culture.

3 (b) DEFINITIONS.—In this section:

4 (1) CENTER.—The term ‘‘Center’’ means the

5 Center for Performing Arts, within the complex

6 known as the New Mexico Hispanic Cultural Center,

7 which Center for the Performing Arts is a central

8 facility in Phase II of the New Mexico Hispanic Cul9 tural Center complex.

10 (2) HISPANIC CULTURAL DIVISION.—The term

11 ‘‘Hispanic Cultural Division’’ means the Hispanic

12 Cultural Division of the Office of Cultural Affairs of

13 the State of New Mexico.

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

15 the Secretary of the Interior.

16 (c) CONSTRUCTION OF CENTER.—The Secretary

17 shall award a grant to New Mexico to pay for the Federal

18 share of the costs of the design, construction, furnishing,

19 and equipping of the Center for Performing Arts that will

20 be located at a site to be determined by the Hispanic Cul21 tural Division, within the complex known as the New Mex22 ico Hispanic Cultural Center.

23 (d) GRANT REQUIREMENTS.—

24 (1) IN GENERAL.—In order to receive a grant

25 awarded under subsection (c), New Mexico, acting
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1 through the Director of the Hispanic Cultural Divi2 sion—

3 (A) shall submit to the Secretary, within

4 30 days of the date of enactment of this sec5 tion, a copy of the New Mexico Hispanic Cul6 tural Center Program document dated January

7 1996; and

8 (B) shall exercise due diligence to expedi9 tiously execute, in a period not to exceed 90

10 days after the date of enactment of this section,

11 the memorandum of understanding under para12 graph (2) recognizing that time is of the es13 sence for the construction of the Center because

14 1998 marks the 400th anniversary of the first

15 permanent Spanish settlement in New Mexico.

16 (2) MEMORANDUM OF UNDERSTANDING.—The

17 memorandum of understanding described in para18 graph (1) shall provide—

19 (A) the date of completion of the construc20 tion of the Center;

21 (B) that Antoine Predock, an internation22 ally recognized architect, shall be the super23 vising architect for the construction of the Cen24 ter or any other architect subsequently named

25 by the State;
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1 (C) that the Director of the Hispanic Cul2 tural Division shall award the contract for ar3 chitectural engineering and design services in

4 accordance with the New Mexico Procurement

5 Code; and

6 (D) that the contract for the construction

7 of the Center—

8 (i) shall be awarded pursuant to a

9 competitive bidding process; and

10 (ii) shall be awarded not later than 3

11 months after the solicitation for bids for

12 the construction of the Center.

13 (3) FEDERAL SHARE.—The Federal share of

14 the costs described in subsection (c) shall be 50 per15 cent.

16 (4) NON-FEDERAL SHARE.—The non-Federal

17 share of the costs described in subsection (c) shall

18 be in cash or in kind fairly evaluated, including

19 plant, equipment, or services. The non-Federal share

20 shall include any contribution received by New Mex21 ico for the design, construction, furnishing, or equip22 ping of Phase I or Phase II of the New Mexico His23 panic Cultural Center complex prior to the date of

24 enactment of this section. The non-Federal share of
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1 the costs described in subsection (c) shall include the

2 following:

3 (A) $16,410,000 that was appropriated by

4 the New Mexico legislature since January 1,

5 1993, for the planning, property acquisition, de6 sign, construction, furnishing, and equipping of

7 the New Mexico Hispanic Cultural Center com8 plex.

9 (B) $116,000 that was appropriated by the

10 New Mexico legislature for fiscal year 1995 for

11 the startup and operating expenses of the New

12 Mexico Hispanic Cultural Center.

13 (C) $226,000 that was appropriated by the

14 New Mexico legislature for fiscal year 1996 for

15 the startup and operating expenses of the New

16 Mexico Hispanic Cultural Center.

17 (D) $442,000 that was appropriated by

18 the New Mexico legislature for fiscal year 1997

19 for the startup and operating expenses of the

20 New Mexico Hispanic Cultural Center.

21 (E) $551,000 that was appropriated by the

22 New Mexico legislature for fiscal year 1998 for

23 the startup and operating expenses of the New

24 Mexico Hispanic Cultural Center.
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1 (F) A 10.9-acre lot with a historic 22,000

2 square foot building donated by the Mayor and

3 City Council of Albuquerque, New Mexico, to

4 New Mexico for the New Mexico Hispanic Cul5 tural Center.

6 (G) 12 acres of ‘‘Bosque’’ land adjacent to

7 the New Mexico Hispanic Cultural Center com8 plex for use by the New Mexico Hispanic Cul9 tural Center.

10 (H) The $30,000 donation by the Sandia

11 National Laboratories and Lockheed Martin

12 Corporation to support the New Mexico His13 panic Cultural Center and the program activi14 ties of the New Mexico Hispanic Cultural Cen15 ter.

16 (e) USE OF FUNDS FOR DESIGN, CONSTRUCTION,

17 FURNISHING, AND EQUIPMENT.—The funds received

18 under a grant awarded under subsection (c) shall be used

19 only for the design, construction, management, inspection,

20 furnishing, and equipment of the Center.

21 (f) AUTHORIZATION OF APPROPRIATIONS.—There is

22 authorized to be appropriated to the Secretary to carry

23 out this section a total of $17,800,000 for fiscal year 1998

24 and succeeding fiscal years. Funds appropriated pursuant
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1 to the authority of the preceding sentence shall remain

2 available until expended.

Passed the Senate November 7, 1997.

Attest:

Secretary.
105TH CONGRESS

1ST SESSION S. 1417

AN ACT

To provide for the design, construction, furnishing

Hispanic Cultural Center and for other purposes.within the complex known as the New Mexicoand equipping of a Center for Performing Arts