California Missions Preservation Act
PL 108-420 (H.R.1446), enacted 11/30/2004

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 Cali-
fornia Missions Foundation, a nonsectarian charitable corpora-
tion 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]
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118 STAT. 2373
PUBLIC LAW 108–420—NOV. 30, 2004
(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 finan-
cial 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 Cali-
fornia missions for which the Foundation is seeking finan-
cial assistance; and
(B) describes a comprehensive program for the restora-
tion, 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 Sec-
retary 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 preserva-
tion 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.
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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.
for preservation activities in the State under the National Historic
Preservation Act (16 U.S.C. 470 et seq.).
Approved November 30, 2004.
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