S. 431

Presidential Sites Improvement Act

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II

109th CONGRESS

1st Session

S. 431

IN THE SENATE OF THE UNITED STATES

February 17, 2005

Mr. DeWine (for himself and Mr. Durbin) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources

A BILL

To establish a program to award grants to improve and maintain sites honoring Presidents of the United States.

1.

Short title

This Act may be cited as the Presidential Sites Improvement Act.

2.

Findings

Congress finds that—

(1)

there are many sites honoring Presidents located throughout the United States, including Presidential birthplaces, homes, museums, burial sites, and tombs;

(2)

most of the sites are owned, operated, and maintained by non-Federal entities such as State and local agencies, family foundations, colleges and universities, libraries, historical societies, historic preservation organizations, and other nonprofit organizations;

(3)

Presidential sites are often expensive to maintain;

(4)

many Presidential sites are in need of capital, technological, and interpretive display improvements for which funding is insufficient or unavailable; and

(5)

to promote understanding of the history of the United States by recognizing and preserving historic sites linked to Presidents of the United States, the Federal Government should provide grants for the maintenance and improvement of Presidential sites.

3.

Definitions

In this Act:

(1)

Grant Commission

The term Grant Commission means the Presidential Site Grant Commission established by section 4(d).

(2)

Presidential site

The term Presidential site means a site that is—

(A)

related to a President of the United States;

(B)

of national significance;

(C)

managed, maintained, and operated for, and is accessible to, the public; and

(D)

owned or operated by—

(i)

a State; or

(ii)

a private institution, organization, or person.

(3)

Secretary

The term Secretary means the Secretary of the Interior, acting through the Director of the National Park Service.

4.

Grants for Presidential sites

(a)

In general

The Secretary shall award grants for major maintenance and improvement projects at Presidential sites to owners or operators of Presidential sites in accordance with this section.

(b)

Use of grant funds

(1)

In general

A grant awarded under this section may be used for—

(A)

repairs or capital improvements at a Presidential site (including new construction for necessary modernization) such as—

(i)

installation or repair of heating or air conditioning systems, security systems, or electric service; or

(ii)

modifications at a Presidential site to achieve compliance with requirements under titles II and III of the Americans with Disabilities Act of 1990 (42 U.S.C. 12131 et seq.); and

(B)

interpretive improvements to enhance public understanding and enjoyment of a Presidential site.

(2)

Allocation of funds

(A)

In general

Of the funds made available to award grants under this Act—

(i)

15 percent shall be used for emergency projects, as determined by the Secretary;

(ii)

65 percent shall be used for grants for Presidential sites with—

(I)

a 3-year average annual operating budget of less than $700,000 (not including the amount of any grant received under this section); and

(II)

an endowment in an amount that is less than 3 times the annual operating budget of the site; and

(iii)

20 percent shall be used for grants for Presidential sites with—

(I)

an annual operating budget of $700,000 or more (not including the amount of any grant received under this section); and

(II)

an endowment in an amount that is equal to or more than 3 times the annual operating budget of the site.

(B)

Unexpended funds

If any funds allocated for a category of projects described in subparagraph (A) are unexpended, the Secretary may use the funds to award grants for another category of projects described in that subparagraph.

(c)

Application and award procedure

(1)

In general

Not later than a date to be determined by the Secretary, an owner or operator of a Presidential site may submit to the Secretary an application for a grant under this section.

(2)

Involvement of Grant Commission

(A)

In general

The Secretary shall forward each application received under paragraph (1) to the Grant Commission.

(B)

Consideration by Grant Commission

Not later than 60 days after receiving an application from the Secretary under subparagraph (A), the Grant Commission shall return the application to the Secretary with a recommendation of whether the proposed project should be awarded a Presidential site grant.

(C)

Recommendation of Grant Commission

In making a decision to award a Presidential site grant under this section, the Secretary shall take into consideration any recommendation of the Grant Commission.

(3)

Award

Not later than 180 days after receiving an application for a Presidential site grant under paragraph (1), the Secretary shall—

(A)

award a Presidential site grant to the applicant; or

(B)

notify the applicant, in writing, of the decision of the Secretary not to award a Presidential site grant.

(4)

Matching requirements

(A)

In general

The Federal share of the cost of a project at a Presidential site for which a grant is awarded under this section shall not exceed 50 percent.

(B)

Non-federal share

The non-Federal share of the cost of a project at a Presidential site for which a grant is awarded under this section may be provided in cash or in kind.

(d)

Presidential Site Grant Commission

(1)

In general

There is established the Presidential Site Grant Commission.

(2)

Composition

The Grant Commission shall be composed of—

(A)

the Director of the National Park Service; and

(B)

4 members appointed by the Secretary as follows:

(i)

A State historic preservation officer.

(ii)

A representative of the National Trust for Historic Preservation.

(iii)

A representative of a site described in subsection (b)(2)(A)(ii).

(iv)

A representative of a site described in subsection (b)(2)(A)(iii).

(3)

Term

A member of the Grant Commission shall serve a term of 2 years.

(4)

Duties

The Grant Commission shall—

(A)

review applications for Presidential site grants received under subsection (c); and

(B)

recommend to the Secretary projects for which Presidential site grants should be awarded.

(5)

Ineligibility of sites during term of representative

A site described in clause (iii) or (iv) of paragraph (2)(B) shall be ineligible for a grant under this Act during the 2-year period in which a representative of the site serves on the Grant Commission.

(6)

Nonapplicability of faca

The Grant Commission shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.).

(e)

Authorization of appropriations

There is authorized to be appropriated to carry out this Act $5,000,000 for each of fiscal years 2006 through 2010, to remain available until expended.