Hispanic Cultural Center Act of 1997
PL 105-127 (S.1417), enacted 12/01/1997

PUBLIC LAW 105-127—DEC. 1, 1997 
111 STAT. 2543 
Public Law 105-127 
105th Congress 
An Act 
To provide for the design, construction, furnishing and equipping of a Center for 
^ 
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Performing Arts within the complex known as the New Mexico Hispanic Cultural 
^' 
' 
Center and for other purposes. 
[S. 1417] 
Be it enacted by the Senate and House of Representatives 
of 
the United States of America in Congress assembled, 
Hispanic 
Cultural Center 
SECTION 1. SHORT TITLE. 
Act of 1997. 
This Act may be cited as the "Hispanic Cultural Center Act 
of 1997". 
SEC. 
2. 
CONSTRUCTION 
OF 
A 
CENTER 
FOR 
PERFORMING 
ARTS. 
(a) FINDINGS.—Congress makes the following findings: 
(1) The United States has an enriched legacy of Hispanic 
influence in politics, government, economic development, and 
cultural expression. 
(2) The ffispanic culture in what is now the United States 
can be traced to 1528 when a Spanish expedition from Cuba 
to Florida was shipwrecked on the Texas coast. 
(3) The Hispanic culture in New Mexico can be traced 
to 1539 when a Spanish Franciscan Friar, Marcos de Niza, 
and his guide, Estevanico, traveled into present day New Mex-
ico in search of the fabled city of Cibola and made contact 
with the people of Zuni. 
(4) The Hispanic influence in New Mexico is particularly 
dominant and a part of dsiily living for all the citizens of 
New Mexico, who are a diverse composite of racial, ethnic, 
and cultural peoples. Don Juan de Oiiate and the first New 
Mexican families established the first capital in the United 
States, San Juan de los Caballeros, in July of 1598. 
(5) Based on the 1990 census, there are approximately 
650,000 Hispanics in New Mexico, the majority having roots 
reaching back ten or more generations. 
(6) There are an additional 200,000 Hispanics living outside 
of New Mexico with roots in New Mexico. 
(7) The New Mexico Hispanic Cultural Center is a living 
tribute to the Hispanic experience and will provide all citizens 
of New Mexico, the Southwestern United States, the entire 
United States, and around the world, an opportunity to learn 
about, partake in, and enjoy the unique Hispanic culture, and 
the New Mexico Hispanic Cultural Center will assure that 
this 400-year old culture is preserved. 
I l l STAT. 2544 
PUBLIC LAW 105-127—DEC. 1, 1997 
(8) The New Mexico Hispanic Cultural Center will teach, 
showcase, and share all facets of Hispanic culture, including 
literature, performing arts, visual arts, culinary arts, and lan-
guage arts. 
(9) The New Mexico Hispanic Cultural Center will promote 
a better cross-cultural understanding of the Hispanic culture 
and the contributions of individuals to the society in which 
we all live. 
(10) In 1993, the legislature and Governor of New Mexico 
created the Hispanic Cultursil Division as a division within 
the Office of Cultural Affairs. One of the principal responsibil-
ities of the Hispanic Cultural Division is to oversee the plan-
ning, construction, and operation of the New Mexico Hispanic 
Cultural Center. 
(11) The mission of the New Mexico Hispanic Cultural 
Center is to create a greater appreciation and understanding 
of Hispanic culture. 
(12) The New Mexico Hispanic Cultural Center will serve 
as a local, regional, national, and international site for the 
study and advancement of Hispanic culture, expressing both 
the rich history and the forward-looking aspirations of His-
panics throughout the world. 
(13) The New Mexico Hispanic Cultural Center will be 
a Hispanic arts and humanities showcase to display the works 
of national and international artists, and to provide a venue 
for educators, scholars, artists, children, elders, Eind the general 
public. 
(14) The New Mexico Hispanic Cultural Center will provide 
a venue for presenting the historic and contemporary represen-
tations and achievements of the Hispanic culture. 
(15) The New Mexico Hispanic Cultural Center will sponsor 
arts and humanities programs, including programs related to 
visual arts of all forms (including drama, dance, and traditional 
and contemporary music), research, literary arts, genealogy, 
oral history, publications, and special events such as, fiestas, 
culinary arts demonstrations, film video productions, story-
telling presentations and education programs. 
(16) Phase I of the New Mexico Hispanic Cultural Center 
complex is scheduled to be completed by August of 1998 and 
is planned to consist of an art ggJlery with exhibition space 
and a museum, administrative offices, a restaur£int, a ballroom, 
a gift shop, an amphitheater, a research and literary arts 
center, and other components. 
(17) Phase II of the New Mexico Hispanic Cultural Center 
complex is planned to include a performing arts center (contain-
ing a 700-seat theater, a stage house, and a 300-seat film/ 
video theater), a 150-seat black box theater, an art studio 
building, a culinary arts building, and a research and literary 
arts building. 
PUBLIC LAW 105-127—DEC. 1, 1997 
111 STAT. 2545 
(18) It is appropriate for the Federal Grovemment to share 
in the cost of constructing the New Mexico Hispanic Cultural 
Center because Congress recognizes that the New Mexico His-
panic Cultural Center has the potential to be a premier facility 
for performing arts and a national repository for Hispanic arts 
and culture. 
(b) DEFINITIONS.—In this section: 
(1) CENTER.—^The term "Center" means the Center for 
Performing Arts, within the complex known as the New Mexico 
Hispanic Cultural Center, which Center for the Performing 
Arts is a central facility in Phase II of the New Mexico Hispanic 
Cultural Center complex. 
(2) HISPANIC CULTURAL DIVISION.—^The term "Hispanic Cul-
tural Division" means the Hispanic Cultural Division of the 
Office of Cultural Affairs of the State of New Mexico. 
(3) SECRETARY.—^The term "Secretary" means the Secretary 
of the Interior. 
(c) CONSTRUCTION OF CENTER.—The Secretary shall award a 
grant to New Mexico to pay for the Federal share of the costs 
of the design, construction, furnishing, and equipping of the Center 
for Performing Arts that will be located at a site to be determined 
by the Hispanic Cultural Division, within the complex known as 
the New Mexico Hispanic Cultural Center. 
(d) GRANT REQUIREMENTS.— 
(1) IN GENERAL.—In order to receive a grant awarded under 
subsection (c). New Mexico, acting through the Director of 
the Hispanic Cultural Division— 
(A) shall submit to the Secretary, within 30 days of 
the date of enactment of this section, a copy of the New 
Mexico Hispanic Cultural Center Program document dated 
January 1996; and 
(B) shall exercise due diligence to expeditiously exe-
cute, in a period not to exceed 90 days after the date 
of enactment of this section, the memorandum of under-
standing under paragraph (2) recognizing that time is of 
the essence for the construction of the Center because 
1998 marks the 400th anniversary of the first permanent 
Spanish settlement in New Mexico. 
(2) MEMORANDUM OF UNDERSTANDING.—The memorandum 
of understanding described in paragraph (1) shall provide— 
(A) the date of completion of the construction of the 
Center; 
(B) that Antoine Predock, an internationally recognized 
architect, shall be the supervising architect for the 
construction of the Center or any other architect subse-
quently named by the State; 
(C) that the Director of the Hispanic Cultural Division 
shall award the contract for architectural engineering and 
design services in accordance with the New Mexico Procure-
ment Code; and 
(D) that the contract for the construction of the Cen-
ter— 
(i) shall be awarded pursuant to a competitive 
bidding process; and 
(ii) shall be awarded not later than 3 months sifter 
the solicitation for bids for the construction of the 
Center. 
Ill STAT. 2546 
PUBLIC LAW 105-127—DEC. 1, 1997 
(3) FEDERAL SHARE.—^The Federal share of the costs 
described in subsection (c) shall be 50 percent. 
(4) NON-FEDERAL SHARE.—^The non-Federal share of the 
costs described in subsection (c) shall be in cash or in kind 
fairly evaluated, including plant, equipment, or services. The 
non-Federal share shall include any contribution received by 
New Mexico for the design, construction, furnishing, or equip-
ping of Phase I or Phase II of the New Mexico Hispanic Cultural 
Center complex prior to the date of enactment of this section. 
The non-Federal share of the costs described in subsection 
(c) shall include the following: 
(A) $16,410,000 that was appropriated by the New 
Mexico legislature since January 1, 1993, for the planning, 
property acquisition, design, construction, furnishing, and 
equipping of the New Mexico Hispanic Cultural Center 
complex. 
(B) $116,000 that was appropriated by the New Mexico 
legislature for fiscal year 1995 for the startup and operating 
expenses of the New Mexico Hispanic Cultural Center. 
(C) $226,000 that was appropriated by the New Mexico 
legislature for fiscal year 1996 for the startup and operating 
expenses of the New Mexico Hispanic Cultural Center. 
(D) $442,000 that was appropriated by the New Mexico 
legislature for fiscal year 1997 for the stEirtup and operating 
expenses of the New Mexico Hispanic Cultural Center. 
(E) $551,000 that was appropriated by the New Mexico 
legislature for fiscal year 1998 for the stsirtup and operating 
expenses of the New Mexico Hispanic Cultural Center. 
(F) A 10.9-acre lot with a historic 22,000 square foot 
building donated by the Mayor and City Council of Albu-
querque, New Mexico, to New Mexico for the New Mexico 
Hispanic Cultural Center. 
(G) 12 acres of "Bosque" land adjacent to the New 
Mexico Hispanic Cultural Center complex for use by the 
New Mexico Hispanic Cultural Center. 
(H) The $30,000 donation by the Sandia National Lab-
oratories and Lockheed Martin Corporation to support the 
New Mexico Hispanic Cultural Center and the program 
activities of the New Mexico Hispanic Cultural Center. 
(e) USE OF FUNDS FOR DESIGN, CONSTRUCTION, FURNISHING, 
AND EQUIPMENT.—^The funds received under a grant awarded under 
subsection (c) shall be used only for the design, construction, 
management, inspection, furnishing, and equipment of the Center. 
PUBLIC LAW 105-127—DEC. 1, 1997 
111 STAT. 2547 
(f) AUTHORIZATION OF APPROPRIATIONS.—^There is authorized 
to be appropriated to the Secretary to carry out this section a 
total of $17,800,000 for fiscal year 1998 and succeeding fiscal years. 
Funds appropriated pursuant to the authority of the preceding 
sentence shsdl remain avEulable until expended. 
Approved December 1, 1997. 
LEGISLATIVE HISTORY—S. 1417: 
CONGRESSIONAL RECORD, Vol. 143 (1997): 
Nov. 7, considered and passed Senate. 
Nov. 13, considered and passed House.