[House Report 115-157]
[From the U.S. Government Publishing Office]
115th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 115-157
======================================================================
TO REAUTHORIZE THE HISTORICALLY BLACK COLLEGES AND UNIVERSITIES
HISTORIC PRESERVATION PROGRAM
_______
June 2, 2017.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Bishop of Utah, from the Committee on Natural Resources, submitted
the following
R E P O R T
[To accompany H.R. 1135]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 1135) to reauthorize the Historically Black
Colleges and Universities Historic Preservation program, having
considered the same, report favorably thereon without amendment
and recommend that the bill do pass.
Purpose of the Bill
The purpose of H.R. 1135 is to reauthorize the Historically
Black Colleges and Universities Historic Preservation program.
Background and Need for Legislation
In 1988, the National Park Service (NPS) established the
Historically Black Colleges and Universities (HBCU)
Preservation Program with the award of grants to document,
preserve, and stabilize historic structures on HBCU campuses.
Throughout the history of the program, NPS has awarded over $60
million to HBCUs to assist them in repairing historic
buildings. Historic preservation projects may include:
structural stabilization, repairing damaged masonry, replacing
antiquated electrical and plumbing systems, abating
environmental hazards such as asbestos, repairing termite
damage, fixing leaking roofs, and providing handicapped
accessibility.
Funding for preservation and restoration at HBCUs from the
Historic Preservation Fund (HPF) was initially authorized by
the Omnibus Parks and Public Lands Management Act of 1996
(Public Law 104-333). Specifically, Congress authorized $29
million to be appropriated and required HBCUs to raise 50
percent of the funds locally to match the federal grant.
Further, the law specified that of the amount to be
appropriated, $23 million in grants would be earmarked for 12
particular colleges and universities. Later, funding provided
in the Fiscal Year (FY) 2001 Interior Appropriations Act
(Public Law 106-291) completed the 12 ongoing projects
authorized in the 104th Congress.
In 2003, Congress amended Public Law 104-333 to authorize
$10 million in additional appropriations for each of FYs 2003
through 2008, and lowered the matching requirement to 30
percent. Although funding was authorized, Congress did not
appropriate the full $10 million in each of those years.
Instead, Congress appropriated $0 in FY2003, $2.96 million in
FY2004, $3.45 million in FY2005, $2.96 million in FY2006, and
$0 in FY2007 and FY2008.
Since FY2008, no further appropriations were authorized for
HBCUs from the HPF. However, in supplemental appropriations for
FY2009 in the American Recovery and Reinvestment Act of 2009
(Public Law 111-5), Congress appropriated an additional $15
million for HBCUs (and waived the nonfederal matching
requirement for these funds).
In the 114th Congress, Congressman James E. Clyburn (D-SC)
introduced nearly identical legislation as H.R. 295. On
February 11, 2016, the Subcommittee on Federal Lands held a
legislative hearing on the bill. At the hearing, Dr. Henry
Tisdale, president of Claflin University, a HBCU located in
Orangeburg, South Carolina, testified in favor of the bill. NPS
also offered testimony in support of the legislation.
Subsequently, the bill was reported favorably by the Committee
on Natural Resources on May 10, 2016 (House Report 114-549),
and on September 12, 2016, the bill passed the House by voice
vote.
Committee Action
H.R. 1135 was introduced on February 16, 2017, by
Congressman James E. Clyburn (D-SC). The bill was referred to
the Committee on Natural Resources, and within the Committee to
the Subcommittee on Federal Lands. On April 26, 2017, the
Natural Resources Committee met to consider the bill. The
Subcommittee was discharged by unanimous consent. No amendments
were offered, and the bill was ordered favorably reported to
the House of Representatives by unanimous consent on April 27,
2017.
Committee Oversight Findings and Recommendations
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
Compliance With House Rule XIII and Congressional Budget Act
1. Cost of Legislation and the Congressional Budget Act.
With respect to the requirements of clause 3(c)(2) and (3) of
rule XIII of the Rules of the House of Representatives and
sections 308(a) and 402 of the Congressional Budget Act of
1974, the Committee has received the following estimate for the
bill from the Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, May 26, 2017.
Hon. Rob Bishop,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 1135, a bill to
reauthorize the Historically Black Colleges and Universities
Historic Preservation Program.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Jon Sperl.
Sincerely,
Keith Hall.
Enclosure.
H.R. 1135--A bill to reauthorize the Historically Black Colleges and
Universities Historic Preservation Program
H.R. 1135 would authorize the appropriation of $10 million
annually from 2018 through 2024 for the Historic Preservation
Fund to provide grants for the restoration and preservation of
historic buildings ct Historically Black Colleges and
Universities (HBCUs). No funds have been appropriated for this
program since 2009.
Although the legislation would authorize an annual
appropriation of $10 million through 2024, CBO estimates that
demand for the preservation grants would be less than that
amount. Information from the National Park Service (NPS)
suggests that many eligible institutions cannot provide the 30
percent of the project cost from nonfederal funds that is
required under current law to receive a preservation grant.
Based on an analysis of information from the NPS about the
expected number of grant applications and the amount of a
typical grant award, CBO estimates that implementing
legislation would cost about $3 million a year and $16 million
over the 2018-2022 period, assuming appropriation of the
estimated amounts.
Enacting the bill would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply. CBO
estimates that enacting H.R. 1135 would not increase net direct
spending or on-budget deficits in any of the four consecutive
10-year periods beginning in 2028.
H.R. 1135 contains no intergovernmental or private-sector
mandates defined in the Unfunded Mandates Reform Act and would
impose no costs on state, local, or tribal governments.
The CBO staff contact for this estimate is Jon Sperl. The
estimate was approved by H. Samuel Papenfuss, Deputy Assistant
Director for Budget Analysis.
2. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to reauthorize the Historically Black
Colleges and Universities Historic Preservation program.
Earmark Statement
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
Compliance With H. Res. 5
Directed Rule Making. This bill does not contain any
directed rule makings.
Duplication of Existing Programs. This bill does not
establish or reauthorize a program of the federal government
known to be duplicative of another program. Such program was
not included in any report from the Government Accountability
Office to Congress pursuant to section 21 of Public Law 111-139
or identified in the most recent Catalog of Federal Domestic
Assistance published pursuant to the Federal Program
Information Act (Public Law 95-220, as amended by Public Law
98-169) as relating to other programs.
Preemption of State, Local or Tribal Law
This bill is not intended to preempt any State, local or
tribal law.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, and existing law in which no
change is proposed is shown in roman):
OMNIBUS PARKS AND PUBLIC LANDS MANAGEMENT ACT OF 1996
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DIVISION I
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TITLE V--HISTORIC AREAS AND CIVIL RIGHTS
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SEC. 507. HISTORICALLY BLACK COLLEGES AND UNIVERSITIES HISTORIC
BUILDING RESTORATION AND PRESERVATION.
(a) Authority To Make Grants.--From the amounts made
available to carry out the National Historic Preservation Act,
the Secretary of the Interior shall make grants in accordance
with this section to eligible historically black colleges and
universities for the preservation and restoration of historic
buildings and structures on the campus of these institutions.
(b) Grant Conditions.--Grants made under subsection (a)
shall be subject to the condition that the grantee covenants,
for the period of time specified by the Secretary, that--
(1) no alteration will be made in the property with
respect to which the grant is made without the
concurrence of the Secretary; and
(2) reasonable public access to the property with
respect to which the grant is made will be permitted by
the grantee for interpretive and educational purposes.
(c) Matching Requirement for Buildings and Structures Listed
on the National Register of Historic Places.--
(1) In general.--Except as provided by paragraphs
(2) and (3), the Secretary may obligate funds made
available under this section for a grant with respect
to a building or structure listed on, or eligible for
listing on, the National Register of Historic Places
only if the grantee agrees to match, from funds derived
from non-Federal sources, the amount of the grant with
an amount that is equal or greater than the grant.
(2) Waiver.--The Secretary may waive paragraphs (1)
and (3) with respect to a grant if the Secretary
determines from circumstances that an extreme emergency
exists or that such a waiver is in the public interest
to assure the preservation of historically significant
resources.
(3) Exception.--The Secretary shall not obligate
funds made available under subsection (d)(2) for a
grant with respect to a building or structure listed
on, or eligible for listing on, the National Register
of Historic Places unless the grantee agrees to
provide, from funds derived from non-Federal sources,
an amount that is equal to 30 percent of the total cost
of the project for which the grant is provided.
(d) Funding Provision.--
(1) In general.--Under section 108 of the National
Historic Preservation Act, $29,000,000 shall be made
available to carry out the purposes of this section. Of
amounts made available pursuant to this section,
$5,000,000 shall be available for grants to Fisk
University, $2,500,000 shall be available for grants to
Knoxville College, $2,000,000 shall be available for
grants to Miles College, Alabama, $1,500,000 shall be
available for grants to Talladega College, Alabama,
$1,550,000 shall be available for grants to Selma
University, Alabama, $250,000 shall be available for
grants to Stillman College, Alabama, $200,000 shall be
available for grants to Concordia College, Alabama,
$2,900,000 shall be available for grants to Allen
University, South Carolina, $1,000,000 shall be
available for grants to Claflin College, South
Carolina, $2,000,000 shall be available for grants to
Voorhees College, South Carolina, $1,000,000 shall be
available for grants to Rust College, Mississippi, and
$3,000,000 shall be available for grants to Tougaloo
College, Mississippi.
(2) Additional funding.--In addition to amounts made
available under paragraph (1), there is authorized to
be appropriated from the Historic Preservation Fund to
carry out this section $10,000,000 for each of fiscal
years 2003 through 2008[.] and each of fiscal years
2018 through 2024.
(e) Regulations.--The Secretary shall develop such
guidelines as may be necessary to carry out this section.
(f) Definitions.--For the purposes of this section:
(1) Historically black colleges.--The term
``historically black colleges and universities'' has
the same meaning given the term ``part B institution''
by section 322 of the Higher Education Act of 1965 (20
U.S.C. 1061).
(2) Historic building and structures.--The term
``historic building and structures'' means a building
or structure listed on, or eligible for listing on, the
National Register of Historic Places or designated a
National Historic Landmark.
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