California Missions Preservation Act

Mr. Speaker, will the gentleman yield?

Mr. Speaker, I thank the gentleman for his comments, and I agree with the serious issues raised by the gentleman from Nevada and will contact the Secretary of the Interior by letter requesting that the Department consider these facts when awarding a grant authorized by this bill.

It is a sad fact that slavery has played such a role in our American history, whether it be Native American or imported men and women who were taken from their native lands. I find it refreshing, for example, that the National Museum of the American Indian, our newest addition to the Smithsonian system, is addressing the issue towards Native Americans and making the public aware of what occurred as the United States grew into a Nation. Until we come to grips with the issues and all the various peoples affected by it, slavery will remain a dark cloud in our history.

If the gentleman would indulge me further, I want to make sure that our colleagues understand that there have been many positive editorials in support of rehabilitating the California missions nationwide, and I submit them for inclusion in the Record.

[From The Fresno Bee, Sept. 26, 2004]

Saving History: California's Aging Missions Need and Deserve Federal

Assistance

(Editorial)

In 1883, Walt Whitman wrote, ``We American have yet to

really learn our own antecedents. . . . Thus far, impress'd

by New England writers and schoolmasters, we tacitly abandon

ourselves to the notion that our United States have been

fashion'd from the British Islands only . . . which is a very

great mistake.''

He could have written that with California in mind.

The most obvious symbols of California's early history are

the 21 missions stretching from San Diego to Sonoma. The

first was founded at San Diego in 1769, the last in 1823.

More than 5 million people a year visit the missions, making

them California's most visited landmarks.

San Diego, Monterey, Los Angeles, Carmel, San Luis Obispo,

San Francisco, Santa Barbara, Santa Cruz, San Jose and others

began as missions.

Yet few know the history of Spain's New World venture.

Today it is literally crumbling from natural disasters such

as earthquakes, neglect and lack of funding, and even

thievery. In August 2003, a 205-year-old Indian-made violin

disappeared from the 1771 mission at San Antonio de Padua.

If we don't make a public commitment to preserve the

national heritage the missions represent, we'll lose them.

In Congress, the California Missions Preservation Act (H.R.

1446 S. 1306) is a start. After emerging from key Senate

committee, it appears headed for final approval. (The House

passed the bill last October, but it languished in the Senate

committee for unknown reasons.) The bill would provide $10

million in matching funds over five years to help restore and

repair California's Spanish missions and to preserve artwork

and artifacts. So far, the California Missions Foundation has

raised $3.4 million of the needed $10 million match.

Spain set about settling California in earnest after 1768

to prevent Russian and English encroachment.

Mountains and deserts made overland access difficult, so

the Spanish settled the coast. They raised horses, cattle and

sheep and tended orchards, and vineyards. Interaction with

Indians was marked by dynamic confrontation, conflict and

exchange--different in character from the westward expansion

of British eastern colonies.

California became a province of Mexico in 1821. The new

government secularized the missions, selling off some and

using others as barns and saloons. By the time the Untied

States won California in the war with Mexico, the missions

were decaying. President Lincoln returned them to the

Catholic Church, which still owns 19 of the 21.

Why can't California's 21 missions get status and a public

commitment like the San Antonio Missions National Historical

Park, established in Texas in 1978? Like California's

missions, San Antonio's remain active places of worship, but

their significance to the nation's heritage and use by the

general public are vital as well.

It's time California's missions are afforded the same

respect. Congress, along with private donors in the

community, can make that preservation happen--and not a

minute too soon.

Mr. Speaker, I thank the gentlewoman for yielding me this time, and I thank my colleagues for speaking in support.

I want to respond first of all to the comments of the gentleman from Virginia (Mr. Scott). In the bill it says: ``The Secretary shall ensure that the purpose of any grant or financial assistance provided by the Secretary to the Foundation under this Act is secular, does not promote religion, and seeks to protect qualities that are historically significant.''

This is a private foundation separate from the church and raises money separately from the church, so we are trying to assure here there is no benefit to the church from the restoration efforts.

Let me rise in support of this bill, the California Missions Preservation Act. Interestingly enough, one of the statues in Statuary Hall is that of Father Serra, and in his hand is a replica of the Carmel mission, just a few blocks from my home.

This legislation has been cosponsored by 48 of my California colleagues in the House of Representatives. Both Senators sponsored similar legislation on their side of the Capitol. I again want to thank the efforts of the chairman of the committee, the gentleman from California (Mr. Pombo), and the gentleman from West Virginia (Mr. Rahall) for moving this legislation today, as well as the principal cosponsors, the gentleman from California (Mr. Dreier).

Mr. Speaker, H.R. 1446 passed the House under suspension by a voice vote on October 20, 2003, and then passed the Senate almost a full year later after it was amended by unanimous consent on October 10, 2004. All 21 missions are California registered historical landmarks. Seven of the missions have Federal status as national historic places. And one of the two changes made by the other body is that the remaining 14 must be recognized before that particular mission would be eligible for receiving funding.

The second change made by the other body was that the Secretary of the Interior must enter into a cooperative agreement with the California Missions Foundation, and the U.S. Attorney General must issue a finding that the proposed agreement does not violate the establishment clause of the first amendment of the Constitution regarding the separation of church and state.

I am fortunate to have five of the 21 missions in my district, extending along the coast of California on the El Camino Real: Santa Cruz; San Juan Bautista; La Soledad; San Antonio de Padua; and in my hometown of Carmel, San Carlos Borromeo del Rio Carmelo, known as the Cathedral in the Wilderness.

The California missions represent a historic vein running through our State from south to north. They also symbolize the east to the west, the exploration that expanded our Nation to its four corners.

Mr. Speaker, as I mentioned when this bill was originally brought to the floor, so much of the west coast's earliest expansion has been overshadowed in history. In 1768, King Carlos III saw Russia and England as threats to Spain's claim of Alta California, and ordered troops and missionaries to colonize new territory. In 1769, Commander Don Gaspar de Portola, Sergeant Jose Francisco de Ortega, and Fray Junipero Serra departed with troops and supplies for San Diego from Baja California, on May 13, and established on July 16 Alta California's first mission, San Diego de Alcala.

Twenty missions followed, with the final missions in the chain established in Sonoma in 1823. Of all the institutions that define California's heritage, none has the historic significance and emotional impact of the chain of Spanish missions that stretches from San Diego to Sonoma.

The missions are an important part of the State's cultural fabric and must be preserved as priceless historic monuments. They are a living link to our past. The missions stand as landmarks of more than 2 centuries and are recognized for the important impact they have had on the development of California, including art, architecture, agriculture, food, music, language, apparel, and recreation.

The missions help drive tourism, the State's third largest industry. These iconic symbols of California are the most visited historic attractions in the State, attracting over 5.3 million visitors a year. They account for a sizable contribution to the State's economy from millions of tourists, including a large number of international visitors.

They have become synonymous with the State's fourth grade curriculum. Students build mission models and write research reports as part of California history lessons. This serves as an important education function in teaching young students about the role of missions in the history of our State and our Nation.

Four 230 years, the missions have stood as symbols of Western exploration and settlement. Time, natural deterioration, and neglect have taken a heavy toll on the missions. Some are crumbling and at risk of full destruction. Most need preservation and seismic work to restore their antique beauty and bring them up to modern safety. Without immediate repairs, these centuries-old structures could be lost. The need is urgent and near crisis proportions.

Mr. Speaker, I rise in support of H.R. 1446, the California Missions Preservation Act. This bipartisan legislation has been cosponsored by 48 of my California colleagues in the House of Representatives and both Senators sponsored similar legislation on their side of the Capitol.

I again want to thank the efforts of Chairman Pombo and Mr. Rahall for moving this legislation today, as well as, the principal cosponsor Chairman Dreier.

Mr. Speaker, H.R. 1446 passed the House under suspension by voice vote October 20th 2003 and then passed in the Senate almost a full year later after it was amended by Unanimous Consent on October 10th 2004.

All 21 missions are California Registered Historical Landmarks; seven of the missions have the federal status of National Historical Places and as one of two changes made by the other body the remaining 14 must be recognized before that particular Mission will be eligible to receive funding.

The second change made in the other body was that the Secretary of Interior must enter into a cooperative agreement with the California Missions Foundation and the U.S. Attorney General must issue a finding that the proposed agreement does not violate the establishment clause of the first amendment of the Constitution regarding the separation of church and state.

I am fortunate to have five of the 21 Missions in my district, extending along the coast of California on the El Camino Real: Santa Cruz, San Juan Bautista, La Soledad, San Antonio de Padua, and in my hometown of Carmel, San Carlos Borromeo del Rio Carmelo known as the ``Cathedral in the Wilderness''.

The California missions represent an historic vein running through our state, from south to north. And, they also symbolize the east to west exploration that expanded our nation to its four corners.

Mr. Speaker, as I mentioned when this bill was originally brought to the floor so much of the west coast's earliest expansion has been overshadowed in history.

In 1768 King Carlos III saw Russia and England as threats to Spain's claim on Alta California and Ordered troops and missionaries to colonize the new territory.

In 1769 Commander Don Gaspar de Portola, Sergeant Jose Francisco de Ortega, and Fray Junipero Serra departed with troops and supplies for San Diego from Baja California May 13 and established on July 16th Alta California's first mission--San Diego de Alcala.

Twenty missions followed with the final missions in the chain established in Sonoma in 1823.

Of all the institutions that define California's heritage, none has the historic significance and emotional impact of the chain of Spanish missions that stretch from San Diego to Sonoma.

The missions are an important part of the state's cultural fabric and must be preserved as priceless historic monuments; they are a living link to our past.

The missions stand as landmarks of more than two centuries and are recognized for their important impact they have had on the development of California including art, architecture, agriculture, food, music, language, apparel and recreation.

The missions help drive tourism--the state's third largest industry. These iconic symbols of California are the most visited historic attractions in the state, attracting over 5.3 million visitors a year. They account for a sizable contribution to the state economy from millions of tourists, including a large number of international visitors.

And they have become synonymous with the state's fourth grade curriculum: Students build mission models and write research reports as part of California history lessons. This serves as an important education function in teaching young students about the role of the missions in the history of our state and our nation.

For 230 years, the missions have stood as symbols of Western exploration and settlement. Time, natural deterioration and neglect have taken a heavy toll on the missions. Some are Rotting roofs. Cracking tiles. Crumbling adobe. The backlog of needed repairs is long. The price tag is high. And the message is clear. The California missions need our help. Now.

H.R. 1446 will provide an important step toward addressing some of the most severe problems the missions are facing. This legislation provides authorization for funding of $10 million over five years, in partnership with the State of California and the California Missions Foundation's statewide funding campaign.

Under this legislation, the process requires that each mission submit a list to the Foundation of its most urgent preservation needs. All mission repairs and restoration projects are reviewed, approved and supervised by professionals qualified in the disciplines of history, history archeology, architectural history, planning, architecture, folklore, cultural anthropology, curation, conservation, landscape architecture or related fields.

Projects must be accomplished in accordance with the applicable Secretary of Interior's Standards for the Treatment of Historical Properties.

All repairs and capital improvements must have competitive bids which the Foundation's Funding Review Committee reviews. The Foundation Board of Directors assesses the proposals and has final approval of all restoration projects funded. The missions are required to submit timely progress reports and accounting to the Foundation on all projects funded.

Since the Spanish friars and native peoples joined together in the building of these settlements, the land we call California has been shaped and influenced by what they accomplished in that most ambitious undertaking.

From the vineyards of Sonoma to the ranches of Santa Barbara to the adobe arcades and red tile roofs of San Diego, the California missions have left their mark on who we are and what we have become.

Passage today presents us with the opportunity to address the needs of the missions and to preserve an integral part of our nation's history and the heritage of the west that combines with the east to make these truly united states.

Mr. Speaker, I move to suspend the rules and concur in the Senate amendment to the bill (H.R. 1446) 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.

Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days within which to revise and extend their remarks and include extraneous material on the bill now under consideration.

Mr. Speaker, I yield myself such time as I may consume.

Mr. Speaker, H.R. 1446, as amended, authorizes the Secretary of the Interior to enter into a cooperative agreement with the California Missions Foundation to support their effort to resolve and repair the California missions and to preserve the artworks and artifacts associated with the California missions.

Currently, the 21 California missions of the El Camino Real, or Royal Highway, have had to rely on nominal entrance fees, sales from gift shops, donations and special events to cover their operating expenses. Unfortunately, these sources of income have not been enough to keep up with the increasing structural needs of these aging missions that date back to 1769, when Fray Junipero Serra founded Alta, California, the first Spanish mission in California.

Today, over 5 million people annually visit the mission system, and it is obvious to many that outside financial help is needed.

The California Missions Foundation, a charitable corporation established in California in 1998, is dedicated to raising funds for the ongoing preservation, restoration and maintenance needs of the California missions to ensure that their historical legacy is kept alive for future generations.

As part of the cooperative agreement process, the Secretary must submit a proposed agreement to the Attorney General for a finding that the agreement does not violate the establishment clause of the First Amendment of the Constitution.

With that, Mr. Speaker, I urge adoption by all our colleagues of this bill.

Mr. Speaker, I reserve the balance of my time.

Mr. Speaker, I yield myself 5 minutes to enter into and engage in a colloquy with the author of the bill, the gentleman from California (Mr. Farr).

While I remain very supportive of this legislation and do support its adoption, Mr. Speaker, I believe it is important to remember that we are preserving buildings and structures that bring up uneasy memories for many who live today in California. As was noted in a recent letter to the editor which appeared in the San Francisco Chronicle, with the help of Spain's soldiers, thousands of California's Indians became slaves, directed by the friars to build the missions. After the missions were built, beginning in 1769, the Indians were forbidden to leave the mission boundaries. It is estimated that California's Indian population was about 310,000 at the beginning of Spanish rule. At the close of the 19th century, their population shrunk to approximately 100,000, largely due to the inhumane conditions under which the Indians were forced to live while serving as slaves.

I would encourage the gentleman from California to request that the Department of the Interior not lose sight of these facts when awarding the grants authorized under this legislation. I believe it is important that when the missions are refurbished that it is not just the bricks and mortar which are restored, but also the truth. These facilities are deserving of our help, but they also must be restored with the acknowledgment of all those who suffered so that the missions themselves could survive.

Mr. Speaker, I submit for the Record one of the letters to the editor to which I earlier referred:

[From the San Francisco Chronicle, November 8, 2004]

The Dark, Terrible Secret of California's Mission

(By Elias Castillo)

Sometime soon, the House will give final consideration to

the California Mission Preservation Act, sponsored by Sen.

Barbara Boxer, D-Calif., providing $10 million to help

restore California's Roman Catholic Missions--those historic

sites where Franciscan friars and California's Indians

supposedly existed in gentle harmony.

In part, the act describes how ``the knowledge and cultural

influence of native California Indians made a lasting

contribution to the early settlements of California and the

development of the California missions.'' What the bill

utterly omits is that locked within the missions is a

terrible truth--that they were little more than concentration

camps where California's Indians were beaten, whipped,

maimed, burned, tortured and virtually exterminated by the

friars.

The California Indians, as the proposal says, did have a

culture, but they never got a chance to contribute it to

California. The Spanish crown decreed in the 1760s that the

Indians were to be rounded up, baptized into Christianity and

their culture destroyed. It was the same policy that Spain

had followed in eradicating the complex and advanced cultures

of the Mayans, Incas and Aztecs in Latin America.

In 1769, that near-genocidal policy was launched, under the

direction of Father Junipero Serra, with the founding of

California's first mission. One scholar, Robert Archibald,

has written that the missions were akin to the ``forced

movement of black people from Africa to the American South.''

With the help of Spain's soldiers, the Indians were herded to

the sites of the missions. Once there, they became slaves,

directed by the friars to build the missions. Once within the

mission boundaries, they were forever forbidden to leave. No

less an authority than the U.S. National Park Service has

documented and described the hellish and tragic fate of the

California Indians, especially the coastal tribes. They were

not warring tribes, but instead gentle harvesters who lived

in equilibrium with their land and seashore.

Their terrible fate at the hands of the Spanish and friars

was described by Jean Francois de Galaup de la Perouse, a

French explorer and sea voyager hired by the French

government to report on the western coastal areas of North

America. In 1786 he visited Mission San Carlos Borromeo in

the Monterey area and described the severe punishments

inflicted on the Indians. The friars, he determined,

considered the Indians ``too much a child, too much a slave,

too little a man.'' California historians Walton Bean and

James J. Rawls, described La Perouse as likening the missions

to the slave plantations of Santo Domingo.

Yet, the Indians did not easily accede to the cruel mission

life. They rebelled several times, in one instance burning

nearly all of

the buildings of Mission La Purisima in Santa Ynez. Historian

Robert F. Heizer attributed the flare-up to the ``flogging of

a La Purisma neophyte'' (as the Indians were called in the

missions).

In the late 1820s, Mexico rebelled against Spain and won

its independence. Within a decade, it also declared that the

missions had to vest half their property to the Indians while

the other half went to the friars and government officials.

It was the beginning of the end for the missions. By the late

19th century, the missions were in ruins, abandoned by the

friars who could not continue operating them without the

slave labor of the Indians, whose numbers had been decimated

by hard labor, starvation and disease. It is estimated that

California's Indian population was about 310,000 at the

beginning of Spanish rule. At the close of the 19th century,

they had been reduced to approximately 100,000.

Restoration of the missions was started at the beginning of

the 20th century by well-meaning persons who either ignored

the cruelties inflicted on the Indians or simply were unaware

of the horrors that had occurred within them. While enough

historians have accurately documented those terrible ordeals,

however, their findings are not well known. Visit any of the

missions and there is no mention of Indians being put in

stocks, whipped or chained. Instead, the usual description is

of friars and Indians living side by side in peaceful harmony

and happily helping each other.

The California Missions Preservation Act is expected to be

voted on soon. Besides the potential and obvious conflict of

its violating the constitutional separation of church and

state, there is the moral responsibility that if government

funds are to be used in restoring the missions, the granting

of those funds must be dependent on memorializing the

suffering of California's native people in the missions.

This nation has recently opened the National Museum of the

American Indian in Washington, D.C. It is a monument to the

Native Americans of North, Central and South America. The

existence of the museum mandates that the ordeal of

California's Indians cannot continue to be largely ignored

and forgotten. Too many Native Americans died within the

missions, which were supposed to be monuments to God's mercy,

forgiveness and benevolence.

The act must require that descriptions of the enslavement

of California's Indians within the missions and the horrible

ordeals they endured be clearly and visibly provided to all

visitors, America has not buried the shameful history of

slavery in its Southern states; instead, books have been

written and museums opened so that all may forever know of

the cruelties of that practice. Why then, should the shameful

history of the missions be hidden and ignored?

Additionally, the act must also require that funds be set

aside for research to be conducted on mission grounds for the

purpose of determining if mass graves of Indians exist within

them. While some missions have clearly marked graveyards set

aside for the friars, little knowledge exists of what

happened to the thousands of deceased Indians who toiled

within the missions. If sites are found containing the

remains of those Indians, those areas must then be clearly

marked for visitors and declared hallowed ground.

California and the nation cannot continue to look the other

way at what happened in the missions; it must confront that

awful specter and unveil it as a dark chapter of the state's

history. It does not matter that those vicious practices

occurred during Spanish rule. The missions are now revered as

beloved monuments. Their continued restoration must also

bring to light the most frightful chamber of their history.

I yield to the gentleman from California.

Mr. Speaker, I continue to reserve the balance of my time.

Mr. Speaker, I have no further requests for time, and I yield back the balance of my time.

Mr. President, I ask unanimous consent that the Committee on Agriculture, Nutrition, and Forestry be authorized to meet during the session of the Senate on Wednesday, May 19, 2004. The purpose of this meeting will be to mark up legislation to reauthorize child nutrition programs.

Mr. President, I ask unanimous consent that the Committee on Armed Services be authorized to meet during the session of the Senate on May 19, 2004, at 8:30 a.m., in open session, to continue to receive testimony on allegations of mistreatment of Iraqi prisoners.

Mr. President, I ask unanimous consent that the Committee on Banking, Housing, and Urban Affairs be authorized to meet during the session of the Senate on Wednesday, May 19, 2004, at 10:00 a.m. to conduct a hearing on ``Congressional Oversight of the IMF and World Bank.''

Mr. President, I ask unanimous consent that the Committee on Commerce, Science, and Transportation be authorized to meet on Wednesday, May 19, 2004, at 9:30 a.m. on from public service to private sector: Spinning the Revolving Door for Personal Gain.

Mr. President, I ask unanimous consent that the Committee on Energy and Natural Resources be authorized to meet during the session of the Senate on Wednesday, May 19 at 11:30 a.m., to consider pending calendar business.

Agenda

Agenda Item 1: S. 155--A bill to convey to the town of Frannie, WY, certain land withdrawn by the Commissioner of Reclamation.

Agenda Item 2: S. 180--A bill to establish the National Aviation Heritage Area, and for other purposes.

Agenda Item 3: S. 203--A bill to open certain withdrawn land in Big Horn County, WY, to locatable mineral development and bentonite mining.

Agenda Item 4: S. 211--A bill to establish the Northern Rio Grande National Heritage Area in the State of New Mexico, and for other purposes.

Agenda Item 5: S. 323--A bill to establish the Atchafalaya National Heritage Area, LA.

Agenda Item 9: S. 1241--A bill to establish the Kate Mullany National Historic Site in the State of New York, and for other purposes.

Agenda Item 13: S. 1467--A bill to establish the Rio Grande Outstanding Natural Area in the State of Colorado, and for other purposes.

Agenda Item 14: S. 1521--A bill to direct the Secretary of the Interior to convey certain land to the Edward H. McDaniel American Legion Post 22 in Phrump, NV, for the construction of a post building and memorial park for use by the American Legion, other veterans' groups, and the local community.

Agenda Item 16: S. 1727--A bill to authorize additional appropriations for the Reclamation Safety of Dams Act of 1978.

Agenda Item 17: S. 2046--A bill to authorize the exchange of certain land in Everglades National Park.

Agenda Item 18: S. 2052--A bill to amend the National Trails System Act to designate El Camino Real de los Tejas as a National Historic Trail.

Agenda Item 20: S. 2180--A bill to direct the Secretary of Agriculture to exchange certain lands in the Arapaho and Roosevelt National Forests in the State of Colorado.

Agenda Item 21: S. 2319--A bill to authorize and facilitate hydroelectric power licensing of the Tapoco Project.

Agenda Item 23: H.R. 961--To promote Department of the Interior efforts to provide a scientific basis for the management of sediment and nutrient loss in the Upper Mississippi River Basin, and for other purposes.

Agenda Item 25: H.R. 1446--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.

Agenda Item 26: H.R. 1658--To amend the Railroad Right-of-Way Conveyance Validation Act to validate additional conveyances of certain lands in the State of California that form part of the right-of-way granted by the United States to facilitate the construction of the transcontinental railway, and for other purposes.

In addition, the committee may turn to any other measures that are ready for consideration.

Mr. President, I ask unanimous consent that the Committee on Finance be authorized to meet during the session on Wednesday, May 19, 2004, at 10 a.m., in 215 Dirksen Senate Office Building, to hear testimony on Oversight and Nomination Hearing: The Treasury Department and Terrorism Financing; and, to consider the nominations of John O. Colvin, to be Judge of the U.S. Tax Court; Juan C. Zarate, to be Assistant Secretary for Terrorism Finance, U.S. Department of the Treasury; and, Stuart Levey to the Under Secretary for Enforcement, U.S. Department of the Treasury.

Mr. President, I ask unanimous consent that the Committee on Foreign Relations be authorized to meet during the session of the Senate on Wednesday, May 19, 2004 at 9:30 a.m. to hold a hearing on Iraq's Transition--The Way Ahead (Part II).

Mr. President, I ask unanimous consent that the Committee on Indian Affairs be authorized to meet on Wednesday, May 19, 2004, at 10 a.m. in Room 485 of the Russell Senate Office Building to conduct a business meeting on S.J. Res. 37, resolution to acknowledge a long history of official depredations and ill-conceived polices by the United States Government regarding Indian Tribes and offer an apology to all Native peoples on behalf of the United States, and S. 2277, a bill to amend the Act of November 2, 1966 (80 Stat. 1112) to allow binding arbitration clauses to be included in all contracts affecting the land within the Salt River Pima-Maricopa Indian Reservation; to be followed immediately by a hearing on S. 1696, a bill to amend the Indian Self-Determination and Education Assistance Act to provide further self government by Indian tribes.

Mr. President, I ask unanimous consent that the Special

Committee on Aging be authorized to meet Wednesday, May 19, 2004 from 2:30 p.m.-5 p.m. in Dirksen 628 for the purpose of conducting a hearing.

Mr. President, I ask unanimous consent that the subcommittee on Water and Power of the Committee on Energy and Natural Resources be authorized to meet during the session of the Senate on Wednesday, May 19th, at 2:30 p.m.

The purpose of the hearing is to receive testimony on S. 900, a bill to convey the Lower Yellowstone Irrigation Project, the savage unit of the Pick-Sloan Missouri Basin Program, and the Intake Irrigation Project to the pertinent irrigation districts; S. 1876, a bill to authorize the Secretary of the Interior to convey certain lands and facilities of the Provo River Project; S. 1957, a bill to authorize the Secretary of the Interior to cooperate with the States on the border with Mexico and other appropriate entities in conducting a hydrogeologic characterization, mapping, and modeling program for priority transboundary aquifers, and for other purposes; S. 2304 and H.R. 3209, bills to amend the Reclamation Project Authorization Act of 1972 to clarify the acreage for which the North Loup division is authorized to provide irrigation water under the Missouri River Basin Project; S. 2243, a bill to extend the deadline for commencement of construction of a hydroelectric project in the State of Alaska; H.R. 1648, a bill to authorize the Secretary of the Interior to convey certain water distribution systems of the Cachuma Project, California, to the Carpinteria Valley water district and the Montecito water district; and H.R. 1732, a bill to amend the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize the Secretary of the Interior to participate in the Williamson County, TX, Water Recycling and Reuse Project, and for other purposes.

Mr. Speaker, I thank the gentlewoman for yielding me this time.

California's 21 missions, which run along a 600-mile stretch of highway from San Diego to Sonoma, are indeed historically significant and contribute tremendously to the rich historical, cultural, and architectural heritage of California and this country's westward growth. At the same time we strive to preserve these historical landmarks, we must also be careful to preserve religious liberty and honor the establishment clause of the first amendment of the Constitution.

Nineteen of the 21 missions that comprise California's historic mission trail are currently owned by the Roman Catholic Church; they operate as active parishes and hold regularly scheduled religious services. There is a clear line of Supreme Court cases that address government funding of improvement of real property for the direct benefit of buildings used for religious purposes including worship, sectarian service, or instruction.

Three Supreme Court decisions, Tilton v. Richardson in 1971, Hunt v. McNair in 1973, and Committee For Public Education v. Nyquist in 1973, make it clear that no government funds may be used to construct, maintain, restore, or make capital improvements to physical structures that are used as houses of worship, even if religious services are infrequent.

H.R. 1446 contains a provision which requires that the purpose of any grant under this act is secular, does not promote religion, and seeks to protect qualities that are historically significant. It is therefore clear that any grant or assistance provided under this act must also be consistent with the Supreme Court decisions in this area of the law.

Mr. Speaker, I am submitting for inclusion in the Record at this point a letter from Americans United for Separation of Church and State, which raises questions about the issue I have just raised.

Preserve Religious Liberty: Oppose the California Missions Preservation

Act (H.R. 1446)

November 17, 2004.

Dear Representative: Americans United for Separation of

Church and State urges you to oppose the California Missions

Preservation Act, H.R. 1446, which we understand will be on

the floor of the House of Representatives today. Americans

United represents more than 70,000 individual members

throughout the fifty states and in the District of Columbia,

as well as cooperating houses of worship and other religious

bodies committed to preservation of religious liberty. This

bill is unconstitutional and would significantly erode key

church-state separation protections.

H.R. 1446 would authorize the Secretary of the Interior to

enter into agreements and make grants to the California

Missions Foundation to ``restore and repair'' the California

missions and the religious artwork and artifacts associated

with the missions. The bill would authorize a $10,000,000

appropriation for the 2004-2009 period to fund these goals.

The 21 missions comprising California's historic mission

trail were founded between 1769 and 1823. 19 of the 21

missions are owned by the Roman Catholic Church, operate as

active parishes, and have regularly scheduled religious

services. There is no doubt that California's 21 missions are

historically significant, and contribute greatly to the rich

historical, cultural and architectural heritage of California

and the American West. Although we recognize that

preservation of these historic buildings is important, we

strongly believe that the preservation of Americans'

constitutional rights is vital. In short, the California

Missions Preservation Act would violate the First Amendment

by forcing taxpayers nationwide to pay for church repairs,

even repairs and restoration of facilities with active

congregations.

Under the bill, government funding will flow to houses of

worship for capital improvements in violation of the

Constitution. Time after time, the United states Supreme

Court has required that no government funds be used to

maintain, restore, or make capital improvements to physical

structures that are used as houses of worship, even if

religious services are infrequent. Three Supreme Court

decisions (Tilton v. Richardson, 403 U.S. 672 (1971), Hunt v.

McNair, 413 U.S. 734 (1973), Committee for Public Education

v. Nyquist, 413 U.S. 756 (1973)) make clear that it is

unconstitutional to allow federal grants for capital

improvements of structures devoted to worship or religious

instruction, and all three of these decisions remain binding

law on all government entities.

The illegality of the proposal to fund the California

missions is exacerbated when one considers the issue of

government directly funding religious icons. Because one of

the objectives of the California Missions Foundation is to

preserve the Spanish colonial and mission-era artworks and

artifacts of the California missions, and because the bill

specifically authorizes federal funds to be used to preserve

the artworks and artifacts associated with the California

missions, the Secretary of the Interior would be empowered to

provide government money specifically to maintain or restore

religious artifacts and icons associated with devotional and

worship activities at the missions, a result that would be

clearly unconstitutional.

We are fully aware of the historical and cultural

significance of the California missions. However, it is

essential for Congress to maintain our nation's commitment to

safeguarding religious liberty for all Americans. Nineteen of

the 21 California missions are churches, not just museums,

and are still used for religious services. The repair and

upkeep of the missions, therefore, must be paid for by those

who worship there or by other interested individuals or

private organizations through voluntary contributions. The

House of Representatives should refrain from passing this

blatantly unconstitutional bill.

If you have any questions regarding this legislation or

would like further information on any other issue of

importance to Americans United, please contact Aaron D.

Schuham, Legislative Director, at (202) 466-3234, extension

240.

Sincerely,

Rev. Barry W. Lynn,

Executive Director.

Mr. President, I ask unanimous consent that the Commerce, Science, and Transportation Committee be authorized to meet on Wednesday, September 15, 2004, at 10 a.m., on ``Impacts of Climate Change.''

Mr. President, I ask unanimous consent that the Committee on Energy and Natural Resources be authorized to meet during the session of the Senate, on Wednesday, September 15 at 9:30 a.m., to consider pending calendar business.

Agenda Item 1: S. Con. Res. 121--A concurrent resolution supporting the goals and ideals of the World Year of Physics.

Agenda Item 2: S. 437--A bill to provide for adjustments to the Central Arizona Project in Arizona, to authorize the Gila River Indian Community water rights settlement, to reauthorize and amend the Southern Arizona Water Rights Settlement Act of 1982, and for other purposes.

Agenda Item 3: S. 511--A bill to provide permanent funding for the Payment in Lieu of Taxes program, and for other purposes.

Agenda Item 7: S. 1064--A bill to establish a commission to commemorate the sesquicentennial of the American Civil War, and for other purposes.

Agenda Item 9: S. 1354--A bill to resolve certain conveyances and provide for alternative land selections under the Alaska Native Claims Settlement Act related to Cape Fox Corporation and Sealaska Corporation, and for other purposes.

Agenda Item 12: S. 1462--A bill to adjust the boundary of the Cumberland Island Wilderness, to authorize tours of the Cumberland Island National Seashore, and for other purposes.

Agenda Item 13: S. 1466--A bill to facilitate the transfer of land in the State of Alaska, and for other purposes.

Agenda Item 14: S. 1614--A bill to designate a portion of White Salmon River as a component of the National Wild and Scenic Rivers System.

Agenda Item 15: S. 1649--A bill to designate the Ojito Wilderness Study Area as wilderness, to take certain land into trust for the Pueblo of Zia, and for other purposes.

Agenda Item 16: S. 1678--A bill to provide for the establishment of the Uintah Research and Curatorial Center for Dinosaur National Monument in the States of Colorado and Utah, and for other purposes.

Agenda Item 17: S. 1852--A bill to provide financial assistance for the rehabilitation of the Benjamin Franklin National Memorial in Philadelphia, Pennsylvania, and the development of an exhibit to commemorate the 300th anniversary of the birth of Benjamin Franklin.

Agenda Item 18: S. 1876--A bill to authorize the Secretary of the Interior to convey certain lands and facilities of the Provo River Project.

Agenda Item 19: S. 2086--A bill to amend the Surface Mining Control and Reclamation Act of 1977 to improve the reclamation of abandoned mines.

Agenda Item 20: S. 2142--A bill to authorize appropriations for the New Jersey Coastal Heritage Trail Route, and for other purposes.

Agenda Item 21: S. 2181--A bill to adjust the boundary of Rocky Mountain National Park in the State of Colorado.

Agenda Item 23: S. 2334--A bill to designate certain National Forest System land in the Commonwealth of Puerto Rico as components of the National Wilderness Preservation System.

Agenda Item 24: S. 2374--A bill to provide for the conveyance of certain lands to the United States and to revise the boundary of Chickasaw National Recreation Area, Oklahoma, and for other purposes.

Agenda Item 25: S. 2408--A bill to adjust the boundaries of the Helena, Lolo, and Beaverhead-Deerlodge National Forests in the State of Montana.

Agenda Item 26: S. 2432--A bill to expand the boundaries of Wilson's Creek Battlefield National Park, and for other purposes.

Agenda Item 27: S. 2567--A bill to adjust the boundary of Redwood National Park in the State of California.

Agenda Item 28: S. 2622--A bill to provide for the exchange of certain Federal land in the Santa Fe National Forest and certain non- Federal land in the Pecos National Historic Park in the State of New Mexico.

Agenda Item 31: H.R. 1113--To authorize an exchange of land at Fort Frederica National Monument, and for other purposes.

Agenda Item 32: H.R. 1446--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.

Agenda Item 33: H.R. 1964--To assist the States of Connecticut, New Jersey, New York, and Pennsylvania in conserving priority lands and natural resources in the Highlands region, and for other purposes.

Agenda Item 34: H.R. 2010--To protect the voting rights of members of the Armed Services in elections for the Delegate representing American Samoa in the United States House of Representatives, and for other purposes.

Agenda Item 35: H.R. 3706--To adjust the boundary of the John Muir National Historic site, and for other purposes.

Agenda Item 36: H.R. 4516--To require the Secretary of Energy to carry out a program of research and development to advance high-end computing.

In addition, the committee may turn to any other measures that are ready for consideration.

Mr. President, I ask unanimous consent that the Committee on Finance be authorized to meet in open executive session during the session on September 15, 2004, at 10 a.m., to consider favorably reporting S. 333, a bill to promote elder justice, and the nomination of Joey Russell George, to be Treasury Inspector General for Tax Administration, U.S. Department of Treasury.

Mr. President, I ask unanimous consent that the Committee on Foreign Relations be authorized to meet during the session of the Senate on Wednesday, September 15, 2004, at 9:30 a.m., to hold a hearing on ``Accelerating U.S. Assistance to Iraq.''

Mr. President, I ask unanimous consent that the Committee on Indian Affairs be authorized to meet on Wednesday, September 15, 2004, at 10 a.m., in room 485 of the Russell Senate Office Building to conduct a business meeting on pending committee matters.