[House Report 107-519]
[From the U.S. Government Publishing Office]
107th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 107-519
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AMENDING SECTION 507 OF THE OMNIBUS PARKS AND PUBLIC LANDS MANAGEMENT
ACT OF 1996 TO AUTHORIZE ADDITIONAL APPROPRIATIONS FOR HISTORICALLY
BLACK COLLEGES AND UNIVERSITIES, TO DECREASE THE MATCHING REQUIREMENT
RELATED TO SUCH APPROPRIATIONS, AND FOR OTHER PURPOSES
_______
June 20, 2002.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Hansen, from the Committee on Resources, submitted the following
R E P O R T
[To accompany H.R. 1606]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 1606) to amend section 507 of the Omnibus Parks and
Public Lands Management Act of 1996 to authorize additional
appropriations for historically black colleges and
universities, to decrease the matching requirement related to
such appropriations, and for other purposes, having considered
the same, report favorably thereon with an amendment and
recommend that the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. DECREASED MATCHING REQUIREMENT; AUTHORIZATION OF
APPROPRIATIONS.
(a) Decreased Matching Requirement.--Section 507(c) of the Omnibus
Parks and Public Lands Management Act of 1996 (16 U.S.C. 470a note) is
amended--
(1) by striking ``(1) Except'' and inserting the following:
``(1) In general.--Except'';
(2) by striking ``paragraph (2)'' and inserting ``paragraphs
(2) and (3)'';
(3) by striking ``(2) The Secretary'' and inserting the
following:
``(2) Waiver.--The Secretary'';
(4) by striking ``paragraph (1)'' and inserting ``paragraphs
(1) and (3)''; and
(5) by adding at the end the following new paragraph:
``(3) Exception.--The Secretary may 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 only if 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.''.
(b) Authorization of Appropriation.--Section 507(d) of the Omnibus
Parks and Public Lands Management Act of 1996 (16 U.S.C. 470a note) is
amended--
(1) by striking ``Pursuant to'' and inserting the following:
``(1) 1996 authorization.--Pursuant to''; and
(2) by adding at the end the following new paragraph:
``(2) Additional authorization.--In addition to amounts made
available under paragraph (1), pursuant to section 108 of the
National Historic Preservation Act, there is authorized to be
appropriated such sums as may be necessary to carry out the
purposes of this section.''.
Purpose of the Bill
The purpose of H.R. 1606 is to amend section 507 of the
Omnibus Parks and Public Lands Management Act of 1996 to
authorize additional appropriations for historically black
colleges and universities, and to decrease the matching
requirement related to such appropriations, and for other
purposes.
Background and Need for Legislation
For over a century, Historically Black Colleges and
Universities (HBCUs) have played an important role in providing
opportunities for higher education to millions of African-
Americans. Many of these colleges and universities were founded
during the era of slavery or when American society was deeply
segregated. Although social conditions have changed radically
since these colleges and universities were founded, the HBCUs
have remained committed to providing African-American students
with superb educational opportunities. Almost 300,000 African
Americans are currently enrolled in HBCUs, and among their
alumni are Members of Congress, hundreds of elected officials,
military officers, physicians, teachers, attorneys, judges,
ambassadors, and business executives.
Many of the buildings at the HBCUs are listed on the
National Register, and because of their age, are in need of
significant repair. A 1998 GAO study, conducted with the aid of
the Department of the Interior identified 712 properties in
need of repair, 529 of which are either listed on, or eligible
for, listing on the National Register. The remaining 183
properties are considered historic, but not included in the
previous two categories. The study also noted that the cost
estimates in the report may include some work that would be
ineligible for federal assistance due to its non-conformance
with the Secretary of Interior's Standards for the Treatment of
Historic Properties. The 1996 Omnibus Parks and Public Lands
Management Act authorized an appropriation of $29 million
dollars for HBCU historic preservation purposes. However, the
current 50/50 match requirement has proven to be difficult to
meet for some of the HBCUs and proponents have argued for a
reduction in the match requirement.
Committee Action
H.R. 1606 was introduced on April 26, 2001 by Congressman
James Clyburn (D-SC) and referred to the Committee on
Resources. On May 2, 2001, the bill was referred within the
Committee to the Subcommittee on National Parks, Recreation,
and Public Lands. On November 1, 2001, the Subcommittee held a
hearing on the bill. On May 22, 2002, the Subcommittee was
discharged from further consideration and the Full Committee
met to mark up the bill. Mr. Rahall offered an amendment to
replace the figure of $530 million and insert ``such sums as
may be necessary''. It was adopted by unanimous consent and the
bill, as amended, was then ordered favorably reported to the
House of Representatives by unanimous consent.
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 Resources' oversight findings and recommendations
are reflected in the body of this report.
Constitutional Authority Statement
Article I, section 8 of the Constitution of the United
States grants Congress the authority to enact this bill.
Compliance With House Rule XIII
1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures. According to the Congressional
Budget Office, implementation of this bill would cost
approximately $120 million over a five-year time period, and
approximately $650 million over the next decade, subject to
appropriations.
3. 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 amend the Omnibus Parks and Public
Lands Management Act of 1996 to authorize additional
appropriations for historically black colleges and
universities, and to decrease the related matching requirement.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, June 19, 2002.
Hon. James V. Hansen,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 1606, a bill to
amend section 507 of the Omnibus Parks and Public Lands
Management Act of 1996 to authorize additional appropriations
for historically black colleges and universities, to decrease
the matching requirement related to such appropriations, and
for other purposes.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Deborah Reis.
Sincerely,
Barry B. Anderson
(For Dan L. Crippen, Director).
Enclosure.
H.R. 1606--A bill to amend section 507 of the Omnibus Parks and Public
Lands Management Act of 1996 to authorize additional
appropriations for historically black colleges and
universities, to decrease the matching requirement related to
such appropriations, and for other purposes
Summary: H.R. 1606 would authorize the appropriation of
whatever amounts are necessary for grants to preserve and
restore certain structures at historically black colleges and
universities (HBCUs). Projects funded under the bill would be
subject to the requirement that the grant recipient finance 30
percent of a project's cost.
Assuming appropriation of the necessary amounts, CBO
estimates that federal costs to preserve and restore all
historic structures at HBCUs would be about $120 million over
the 2003-2007 period, and a total of around $650 million over
the next decade. Such costs could be significantly higher or
lower, depending on how many structures are eligible for
federal funding, how many years it takes to complete the
restoration program, and the availability of matching funds
from potential grant recipients. H.R. 1606 would not affect
direct spending or receipts; therefore, pay-as-you-go
procedures would not apply.
H.R. 1606 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on state, local, or tribal
governments.
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 1606 is shown in the following table.
The costs of this legislation fall within budget function 300
(natural resources and environment).
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By fiscal year, in millions of dollars--
--------------------------------------------
2003 2004 2005 2006 2007
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CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Estimated Authorization Level...................................... 55 60 60 65 65
Estimated Outlays.................................................. 5 10 25 35 45
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Basis of Estimate: The Omnibus Parks and Public Lands
Management Act of 1996 authorized the National Park Service
(NPS) to pay half of the cost of restoring eligible structures
(mostly buildings) at HBCUs. To be eligible for a restoration
grant under the 1996 act (or under the National Historic
Preservation Act generally), a building must either be on the
National Register of Historic Places or have been determined
eligible for such listing by a state historic preservation
officer. For the purpose of making the 50 percent matching
grants, the 1996 act authorized the appropriation of $29
million from the Historic Preservation Fund. All of the
authorized funding was appropriated between fiscal years 1998
and 2001, and there were no appropriations specifically
earmarked for HBCUs in 2002. HBCUs can still apply for grants
but such applications would have to compete with other eligible
applicants for federal funds awarded to their states.
H.R. 1606 would amend the 1996 Act to authorize the
appropriation of such sums as are necessary to restore and
preserve historic properties at HBCUs in addition to the
existing authorization. For all such future grants, the HBCUs
would need to provide only 30 percent of a project's costs
rather than half, as required by the 1996 act. Based on
information provided by the NPS and on a 1998 study by the
General Accounting Office of restoration needs at HBCUs, CBO
estimates that it would cost the NPS $650 million to finance 70
percent of all such restoration projects over the next 10
years. This amount is based on restoration needs identified and
priced by over 100 HBCUs using different standards and
methodologies. Total federal costs could vary substantially
from available estimates once the restoration program begins.
Such costs could be much higher, particularly if program
funding is spread over more years--as historic buildings
continue to deteriorate and construction costs rise over time.
Conversely, total costs could be much lower if a significant
portion of identified projects are found to be ineligible for
federal funding or if some HBCUs are unable to provide the 30
percent match.
Pay-as-you-go considerations: None.
Intergovernmental and private-sector impact: H.R. 1606
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on state, local, or
tribal governments. The changes made by the bill would benefit
colleges and universities eligible for grants under section 507
of the 1996 act, many of which are public institutions.
Estimate prepared by: Federal Costs: Deborah Reis; Impact
on State, Local, and Tribal Governments: Marjorie Miller; and
Impact on the Private Sector: Lauren Marks.
Estimate approved by: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
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 italic, existing law in which no change is
proposed is shown in roman):
SECTION 507 OF THE OMNIBUS PARKS AND PUBLIC LANDS MANAGEMENT ACT OF
1996
SEC. 507. HISTORICALLY BLACK COLLEGES AND UNIVERSITIES
HISTORIC BUILDING RESTORATION AND PRESERVATION.
(a) * * *
* * * * * * *
(c) Matching Requirement for Buildings and Structures Listed
on the National Register of Historic Places.--[(1) Except]
(1) In general.--Except as provided by [paragraph
(2)] 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) The Secretary]
(2) Waiver.--The Secretary may waive [paragraph (1)]
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 may 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 only if 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.--[Pursuant to]
(1) 1996 authorization.--Pursuant to 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 authorization.--In addition to amounts
made available under paragraph (1), pursuant to section
108 of the National Historic Preservation Act, there is
authorized to be appropriated such sums as may be
necessary to carry out the purposes of this section.
* * * * * * *