I
107TH CONGRESS
2D SESSION
H. R. 5202
To amend title 38, United States Code, to provide for preservation and
protection of historic buildings under the jurisdiction of the Secretary
of Veterans Affairs, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JULY 24, 2002
Mr. HALL of Ohio introduced the following bill; which was referred to the
Committee on Veterans’ Affairs, and in addition to the Committee on Re-
sources, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned
A BILL
To amend title 38, United States Code, to provide for preser-
vation and protection of historic buildings under the ju-
risdiction of the Secretary of Veterans Affairs, and for
other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Veterans National
Heritage Preservation Act of 2002’’.
SEC. 2. PURPOSE.
The purpose of this Act is to provide for the preserva-
tion and protection of the most historically significant
buildings of the Department of Veterans Affairs, to pro-
vide for the documentation and appreciation of the historic
significance of those buildings, and to increase public un-
derstanding of the Nation’s long commitment to honoring
veterans.
SEC. 3. FINDINGS.
The Congress finds the following:
(1) One of the last Acts signed by President
Lincoln before his assassination in 1865 established
the National Asylum for disabled volunteer soldiers
and sailors of the Civil War (renamed the National
Home for Disabled Volunteer Soldiers in 1873 and
often referred to as the National Military Home).
(2) The National Home eventually expanded to
comprise ten branches and one sanatorium in Togus,
Maine (1866); Milwaukee, Wisconsin (1867); Day-
ton, Ohio (1867); Hampton, Virginia (1870); Leav-
enworth, Kansas (1885); Santa Monica, California
(1888); Marion, Indiana (1888); Danville, Illinois
(1898); Johnson City, Tennessee (1901); Hot
Springs, South Dakota (1902); and Bath, New York
(1929).
(3) Until it was combined with the Veterans
Bureau to become the United States Veterans Ad-
ministration in 1930, the National Home cared for
more than 100,000 Civil War and other veterans,
many of whom were shattered physically and spir-
itually from the carnage of war.
(4) The National Home evolved into complete
planned communities with barracks, mess halls, gate
houses, chapels, schools, hotels, libraries, band
stands, amusements halls, theaters, shops, and other
structures, many of which still stand, and include
outstanding examples of 19th and early 20th cen-
tury architecture.
(5) The National Home is an important part of
the Nation’s history, representing many historical
developments, including the Nation’s first non-reli-
gious planned communities, the first Federal effort
to establish large-scale rehabilitation programs, a
significant expansion of Federal benefits to citizen-
veterans, a landmark in the development of Federal
responsibility for the social safety net, and the first
permanent churches constructed by the Federal Gov-
ernment.
(6) The branches of the National Home made
significant contributions to the history, identity, and
culture of the communities in which they are lo-
cated.
(7) The Department of Veterans Affairs has ju-
risdiction over about 1,680 historic buildings in
nearly every State of the Union.
(8) Preservation of historic buildings under the
jurisdiction of the Department of Veterans Affairs
contributes to the heritage of all Americans and rep-
resents a powerful symbol of the national debt to the
Nation’s war veterans.
(9) Partnerships between the Department of
Veterans Affairs, other Federal agencies, and State
and local governments and nonprofit organizations
have the potential to help restore, maintain, inter-
pret, and reuse the historic buildings under the ju-
risdiction of the Department of Veterans Affairs.
(10) 
The 
veterans 
service 
organizations
AMVETS, Disabled American Veterans, Paralyzed
Veterans of America, and Veterans of Foreign Wars
jointly support establishing historic preservation as a
responsibility of the Department of Veterans Affairs,
systematically preserving the Department’s most im-
portant historic buildings, and reducing legal, ad-
ministrative, and financial barriers to adaptive reuse
of historic properties by local communities.
SEC. 102. MISSIONS OF THE DEPARTMENT TO INCLUDE HIS-
TORIC PRESERVATION.
(a) IN GENERAL.—Chapter 1 of title 38, United
States Code, is amended by adding at the end the fol-
lowing new section:
‘‘§ 117. Historic preservation mission
‘‘(a) It is a mission and responsibility of the Depart-
ment to maintain its most significant historic buildings
and to preserve them for future generations.
‘‘(b) It is the sense of Congress that, in keeping with
the mission of the Department specified in subsection
(a)—
‘‘(1) wherever practical, the historic buildings of
the Department should be preserved, protected, re-
stored, interpreted, reused, and maintained as a liv-
ing memorial to the contributions of veterans to the
Nation;
‘‘(2) the director of each major Department fa-
cility that is listed on, or eligible for listing on, the
National Register of Historic Places should—
‘‘(A) make available to the cultural re-
sources management officer of that facility suf-
ficient resources to document, conserve, and
display items of historical significance and as-
sist with the preservation of the history of the
facility; and
‘‘(B) provide that officer with appropriate
information and sufficient training, appropriate
publications, authority, and total access to
budgetary, management, and decision making
processes to permit effective coordination of its
cultural resource management plan;
‘‘(3) whenever feasible, the Secretary should re-
store and use historic buildings, rather than carry
out new construction, for Department purposes;
‘‘(4) the Secretary should make greater use of
the leasing authority for historic buildings that is
provided for Federal agencies under section 111 of
the National Historic Preservation Act (16 U.S.C.
470h–3);
‘‘(5) the Secretary should reduce barriers to
reuse of historic buildings by non-Department pri-
vate and public organizations if such reuse would en-
hance historic preservation of those buildings;
‘‘(6) the Secretary should work with the Sec-
retary of the Interior to coordinate historic preserva-
tion activities of the Department; and
‘‘(7) the Secretary should form a partnership
with the National Trust for Historic Preservation,
within the context of the Capital Asset Realignment
for Enhancement of Services (CARES) process of
the Department, to ensure the appropriate, lawful,
and financially prudent management of the Depart-
ment’s historic properties, similar to the partnership
formed between the Department of the Army and
the Trust.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of such chapter is amended by adding
at the end the following new item:
‘‘117. Historic preservation mission.’’.
SEC. 103. OFFICE OF HISTORIC PRESERVATION.
(a) IN GENERAL.—Chapter 3 of title 38, United
States Code, is amended by adding at the end the fol-
lowing new section:
‘‘§ 320. Office of Historic Preservation
‘‘(a) There is in the Department an Office of Historic
Preservation within the Office of the Secretary or other-
wise at a sufficiently high level within the departmental
organization to ensure adequate communication with all
relevant divisions within the Department. There shall be
at the head of the Office a Director.
‘‘(b) The Director shall administer the Veterans Her-
itage Preservation Fund established under section 8701
of this title.
‘‘(c) The Director shall develop procedures to ensure
that decisions within the Department that affect or may
affect historic buildings, properties, and cultural resources
of the Department are made in accordance with Depart-
ment directives and applicable laws and regulations.
‘‘(d) The Director shall ensure that the head of each
Department facility that is listed on, or eligible for listing
on, the National Register of Historic Places and the head
of each regional office and each major program manager
of the Department designates a cultural resource manage-
ment officer with training in historic preservation and
compliance with the National Historic Preservation Act
(40 U.S.C. 470 et seq.).
‘‘(e) The Director shall review Department activities,
policies, and procedures that might affect historic build-
ings, properties, and cultural resources, including review
of initiatives through the Capital Asset Realignment for
Enhancement of Services (CARES) program of the De-
partment.
‘‘(f) The Director shall maintain a comprehensive in-
ventory of the Department’s historic buildings, properties,
and cultural resources and shall forward to the Secretary
of the Interior nominations of such buildings, properties,
and cultural resources for inclusion in the National Reg-
ister of Historic Places.
‘‘(g) The Director shall assure the Department’s
compliance with section 106 of the National Historic Pres-
ervation Act of 1966 (16 U.S.C. 470f).’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of such chapter is amended by adding
at the end the following new item:
‘‘320. Office of Historic Preservation.’’.
SEC. 104. VETERANS HERITAGE PRESERVATION.
(a) IN GENERAL.—(1) Part IV of title 38, United
States Code, is amended by adding at the end the fol-
lowing new chapter:
‘‘CHAPTER 87—HISTORIC PRESERVATION
‘‘Sec.
‘‘8701. Veterans Heritage Preservation Fund.
‘‘8702. Public-private partnerships.
‘‘§ 8701. Veterans Heritage Preservation Fund
‘‘(a) ESTABLISHMENT.—The Secretary shall estab-
lish a fund to be known as the ‘Veterans Heritage Preser-
vation Fund’. The Director of the Office of Historic Pres-
ervation, in consultation with the Department’s facility di-
rectors, shall make recommendations to the Secretary on
the use of the assets of the fund. In making such rec-
ommendations, the Director shall take into consideration
the priority order ranking specified in the report under
section 106 of the Veterans National Preservation Herit-
age Act of 2002.
‘‘(b) USES OF FUND.—The Secretary may use bal-
ances in the fund to—
‘‘(1) evaluate, stabilize, preserve, renovate, and
restore historic buildings and properties owned by
the Department in conformity with applicable statu-
tory and regulatory standards for historic preserva-
tion;
‘‘(2) assist in the maintenance and preservation
of the Department’s historic artifacts and collec-
tions; and
‘‘(3) make grants to State and local govern-
ments and non-profit organizations in connection
with the adaptive reuse of historic buildings.
‘‘(c) GRANT REQUIREMENTS.—(1) A grant under
subsection (b)(3) may be used by the grant recipient for
studies, planning, construction, management, marketing,
interpretation, promoting cultural tourism, and oper-
ations.
‘‘(2) Such a grant may provide funds for not more
than 75 percent of a project’s cost, with the remainder
to be provided as a non-Federal match.
‘‘(3) In selecting recipients for grants under sub-
section (b)(3), the Secretary may establish a higher pri-
ority for proposed projects that would benefit veterans, in-
cluding homeless veterans, or that would honor the
achievements of veterans.
‘‘(d) INCOME FROM RENTAL PROPERTY.—Income or
proceeds from the rental of historic properties at facilities
of the Department, including quarters rented by Depart-
ment personnel or other persons, shall be credited to, and
form a part of, the Fund. In allocating amounts to De-
partment facilities under subsection (b)(1) that are de-
rived from income or proceeds from rental property, the
Secretary shall provide funds to those facilities based upon
the amount of funds credited under the preceding sentence
from properties at those facilities, subject to availability
of approved projects for the use of such funds.
‘‘(e) DONATIONS.—The Secretary is authorized to ac-
cept donations for the purposes of the Fund. Any such
amount shall be credited to, and form a part of, the Fund.
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There
is authorized to be appropriated to the Veterans Heritage
Preservation Fund for each fiscal year the amount of
$20,000,000.’’.
‘‘§ 8702. Public-private partnerships
‘‘(a) COOPERATIVE AGREEMENTS.—The Secretary
may enter into cooperative agreements and leases with
State and local governments, nongovernmental organiza-
tions, and the Secretary of the Interior for the purpose
of restoring, rehabilitating, maintaining, interpreting, pro-
moting, and marketing historic buildings.
‘‘(b) DONATIONS.—The Secretary may accept dona-
tions for the purpose of implementing a partnership under
this section.
‘‘(c) COLLABORATION WITH DEPARTMENT OF THE
INTERIOR.—The Secretary may collaborate with, and
enter into agreements with, the Secretary of the Interior
and Interior-related agencies, including units of the Na-
tional Park Service and Federally-designated national her-
itage areas, for the purposes of this chapter.’’.
SEC. 105. ENHANCED-USE LEASES.
Section 8162(a) of title 38, United States Code, is
amended by adding at the end the following new para-
graph:
‘‘(5) In light of the statement in section 117(a) of
this title that it is a mission and responsibility of the De-
partment to maintain its most significant historic build-
ings and to preserve them for future generations, historic
preservation shall be considered to be a Department mis-
sion for the purposes of paragraph (2)(A)(i) and any pro-
posed enhanced-use lease that includes or incorporates
preservation and restoration of the building proposed to
be leased shall be considered to be a veterans related pur-
pose lease for purpose of priorities for the awarding of
leases under this section.’’.
SEC. 106. PRESERVATION STUDY AND REPORT.
(a) STUDY AND REPORT.—The Secretary of Veterans
Affairs shall conduct a study of the historic buildings of
the Department of Veterans Affairs and, not later than
February 1, 2004, shall submit to the Committees on Vet-
erans’ Affairs of the Senate and House of Representatives
a report on the results of that study.
(b) CONTENTS OF REPORT.—The report under sub-
section (a) shall include the following:
(1) A detailed inventory of historic buildings
and sites under the jurisdiction of the Department
of Veterans Affairs, together with a description of
the historical significance of each such building or
site.
(2) Identification of the most important historic
buildings and sites named under paragraph (1) and,
for each such building or site—
(A) a description of potential threats to the
preservation of the building or site;
(B) a cost analysis for restoration of the
building or site; and
(C) a comprehensive structural engineering
analysis of the building or site.
(3) Ranking of the priority order of such build-
ings and sites for restoration, taking into consider-
ation historical significance, reuse potential, preser-
vation threat, and organized community support.
(4) An action plan for the stabilization and
preservation of the buildings and sites identified
under paragraph (2) that the Secretary determines
to be the most threatened.
(c) CONSULTATION.—In preparing the report under
subsection (a), the Secretary shall consult with the Sec-
retary of the Interior and with State and local govern-
mental agencies and appropriate local private non-profit
organizations in the communities of the historic buildings.
(d) DEFINITION.—For purposes of this section, the
term ‘‘historic building’’ means a building listed on, or eli-
gible for listing on, the National Register of Historic
Places.
TITLE II—NATIONAL HISTORIC
LANDMARK THEME STUDY
SEC. 201. AUTHORIZATION OF STUDY.
(a) IN GENERAL.—The Secretary of the Interior, in
consultation and cooperation with the Secretary of Vet-
erans Affairs, shall conduct a National Historic Landmark
theme study to identify sites, districts, buildings, struc-
tures, and landscapes that best illustrate or commemorate
key events at facilities managed by the National Home
for Disabled Volunteer Soldiers and the United States
Veterans Bureau between 1865 and 1930.
(b) SITES TO BE STUDIED.—The sites to be studied
under this section are the branches of the former National
Home for Disabled Volunteer Soldiers and associated enti-
ties at the following locations:
(1) Togus, Maine.
(2) Milwaukee, Wisconsin.
(3) Dayton, Ohio.
(4) Hampton, Virginia.
(5) Leavenworth, Kansas.
(6) Santa Monica, California.
(7) Marion, Illinois.
(8) Danville, Illinois.
(9) Johnston City, Tennessee.
(10) Hot Springs, South Dakota.
(11) Bath, New York.
(c) CRITERIA; NOMINATIONS.—In conducting the
study under this section, the Secretary of the Interior shall
use the criteria set forth in section 65.4 of title 36, Code
of Federal Regulations, to identify, in order of importance
or merit, potential National Historic Landmarks at the
locations listed in subsection (b). The study shall include
a nomination submittal for each potential National His-
toric Landmark identified under this subsection that
meets such criteria.
(d) EDUCATION AND RESEARCH.—The study shall—
(1) identify appropriate means to maximize op-
portunities for public education on the National
Home for Disabled Volunteer Soldiers; and
(2) recommend opportunities for cooperative ar-
rangements with State and local governments, edu-
cational institutions, local historical organizations,
and other entities to preserve and interpret key cul-
tural resources at or associated with the locations
listed in subsection (b).
(e) COOPERATIVE AGREEMENTS.—The Secretary of
the Interior may enter into cooperative agreements with
one or more educational institutions, public history organi-
zations, or veterans’ organizations knowledgeable about
the National Home for Disabled Volunteer Soldiers to pre-
pare the study under subsection (a) and to ensure that
the study meets scholarly standards.
(f) REPORT.—Not later than two years after the date
on which funds are made available for the study under
subsection (a), the Secretary of the Interior shall submit
to the Committee on Energy and Natural Resources and
the Committee on Veterans’ Affairs of the Senate and the
Committee on Resources and the Committee on Veterans’
Affairs of the House of Representatives a report con-
taining the findings, conclusions, and recommendations of
the study.
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