Establishes in the Department an Office of Historic Preservation, headed by a Director with specified duties relating to the preservation of the Department's historic buildings.
Directs the Secretary of Veterans Affairs to establish the Veterans Heritage Preservation Fund for the preservation, renovation, and restoration of such buildings.
Authorizes the Secretary to enter into cooperative agreements and leases, including enhanced-use leases, for restoring, rehabilitating, maintaining, interpreting, and promoting historic buildings.
Directs the Secretary of the Interior to conduct a National Historic Landmark theme study at specified locations to identify sites, structures, and landscapes that best illustrate or commemorate key events at facilities managed by the National Home for Disabled Volunteer Soldiers and the United States Veterans Bureau between 1865 and 1930.
[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5202 Introduced in House (IH)]
107th CONGRESS
2d Session
H. R. 5202
To amend title 38, United States Code, to provide for preservation and
protection of historic buildings under the jurisdiction of the
Secretary of Veterans Affairs, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 24, 2002
Mr. Hall of Ohio introduced the following bill; which was referred to
the Committee on Veterans' Affairs, and in addition to the Committee on
Resources, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend title 38, United States Code, to provide for preservation and
protection of historic buildings under the jurisdiction of the
Secretary of Veterans Affairs, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans National Heritage
Preservation Act of 2002''.
SEC. 2. PURPOSE.
The purpose of this Act is to provide for the preservation and
protection of the most historically significant buildings of the
Department of Veterans Affairs, to provide for the documentation and
appreciation of the historic significance of those buildings, and to
increase public understanding of the Nation's long commitment to
honoring veterans.
SEC. 3. FINDINGS.
The Congress finds the following:
(1) One of the last Acts signed by President Lincoln before
his assassination in 1865 established the National Asylum for
disabled volunteer soldiers and sailors of the Civil War
(renamed the National Home for Disabled Volunteer Soldiers in
1873 and often referred to as the National Military Home).
(2) The National Home eventually expanded to comprise ten
branches and one sanatorium in Togus, Maine (1866); Milwaukee,
Wisconsin (1867); Dayton, Ohio (1867); Hampton, Virginia
(1870); Leavenworth, Kansas (1885); Santa Monica, California
(1888); Marion, Indiana (1888); Danville, Illinois (1898);
Johnson City, Tennessee (1901); Hot Springs, South Dakota
(1902); and Bath, New York (1929).
(3) Until it was combined with the Veterans Bureau to
become the United States Veterans Administration in 1930, the
National Home cared for more than 100,000 Civil War and other
veterans, many of whom were shattered physically and
spiritually from the carnage of war.
(4) The National Home evolved into complete planned
communities with barracks, mess halls, gate houses, chapels,
schools, hotels, libraries, band stands, amusements halls,
theaters, shops, and other structures, many of which still
stand, and include outstanding examples of 19th and early 20th
century architecture.
(5) The National Home is an important part of the Nation's
history, representing many historical developments, including
the Nation's first non-religious planned communities, the first
Federal effort to establish large-scale rehabilitation
programs, a significant expansion of Federal benefits to
citizen-veterans, a landmark in the development of Federal
responsibility for the social safety net, and the first
permanent churches constructed by the Federal Government.
(6) The branches of the National Home made significant
contributions to the history, identity, and culture of the
communities in which they are located.
(7) The Department of Veterans Affairs has jurisdiction
over about 1,680 historic buildings in nearly every State of
the Union.
(8) Preservation of historic buildings under the
jurisdiction of the Department of Veterans Affairs contributes
to the heritage of all Americans and represents a powerful
symbol of the national debt to the Nation's war veterans.
(9) Partnerships between the Department of Veterans
Affairs, other Federal agencies, and State and local
governments and nonprofit organizations have the potential to
help restore, maintain, interpret, and reuse the historic
buildings under the jurisdiction of the Department of Veterans
Affairs.
(10) The veterans service organizations AMVETS, Disabled
American Veterans, Paralyzed Veterans of America, and Veterans
of Foreign Wars jointly support establishing historic
preservation as a responsibility of the Department of Veterans
Affairs, systematically preserving the Department's most
important historic buildings, and reducing legal,
administrative, and financial barriers to adaptive reuse of
historic properties by local communities.
(11) More than 100 historic buildings under the
jurisdiction of the Department of Veterans Affairs, including
the Nation's first permanent church building constructed by the
Federal Government, are underutilized or vacant and are
threatened with deterioration and demolition.
(12) Providing for the Department of Veterans Affairs'
historic preservation requirements in no way need diminish
funding for the Department's other missions and is fully
consistent with the Department's broader goal of honoring and
caring for the Nation's veterans.
TITLE I--PRESERVATION OF HISTORIC FACILITIES OF THE DEPARTMENT OF
VETERANS AFFAIRS
SEC. 101. DEFINITION.
Section 101 of title 38, United States Code, is amended by adding
at the end the following new paragraph:
``(34) The term `historic building' means a building listed on, or
eligible for listing on, the National Register of Historic Places.''.
SEC. 102. MISSIONS OF THE DEPARTMENT TO INCLUDE HISTORIC PRESERVATION.
(a) In General.--Chapter 1 of title 38, United States Code, is
amended by adding at the end the following new section:
``Sec. 117. Historic preservation mission
``(a) It is a mission and responsibility of the Department to
maintain its most significant historic buildings and to preserve them
for future generations.
``(b) It is the sense of Congress that, in keeping with the mission
of the Department specified in subsection (a)--
``(1) wherever practical, the historic buildings of the
Department should be preserved, protected, restored,
interpreted, reused, and maintained as a living memorial to the
contributions of veterans to the Nation;
``(2) the director of each major Department facility that
is listed on, or eligible for listing on, the National Register
of Historic Places should--
``(A) make available to the cultural resources
management officer of that facility sufficient
resources to document, conserve, and display items of
historical significance and assist with the
preservation of the history of the facility; and
``(B) provide that officer with appropriate
information and sufficient training, appropriate
publications, authority, and total access to budgetary,
management, and decision making processes to permit
effective coordination of its cultural resource
management plan;
``(3) whenever feasible, the Secretary should restore and
use historic buildings, rather than carry out new construction,
for Department purposes;
``(4) the Secretary should make greater use of the leasing
authority for historic buildings that is provided for Federal
agencies under section 111 of the National Historic
Preservation Act (16 U.S.C. 470h-3);
``(5) the Secretary should reduce barriers to reuse of
historic buildings by non-Department private and public
organizations if such reuse would enhance historic preservation
of those buildings;
``(6) the Secretary should work with the Secretary of the
Interior to coordinate historic preservation activities of the
Department; and
``(7) the Secretary should form a partnership with the
National Trust for Historic Preservation, within the context of
the Capital Asset Realignment for Enhancement of Services
(CARES) process of the Department, to ensure the appropriate,
lawful, and financially prudent management of the Department's
historic properties, similar to the partnership formed between
the Department of the Army and the Trust.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``117. Historic preservation mission.''.
SEC. 103. OFFICE OF HISTORIC PRESERVATION.
(a) In General.--Chapter 3 of title 38, United States Code, is
amended by adding at the end the following new section:
``Sec. 320. Office of Historic Preservation
``(a) There is in the Department an Office of Historic Preservation
within the Office of the Secretary or otherwise at a sufficiently high
level within the departmental organization to ensure adequate
communication with all relevant divisions within the Department. There
shall be at the head of the Office a Director.
``(b) The Director shall administer the Veterans Heritage
Preservation Fund established under section 8701 of this title.
``(c) The Director shall develop procedures to ensure that
decisions within the Department that affect or may affect historic
buildings, properties, and cultural resources of the Department are
made in accordance with Department directives and applicable laws and
regulations.
``(d) The Director shall ensure that the head of each Department
facility that is listed on, or eligible for listing on, the National
Register of Historic Places and the head of each regional office and
each major program manager of the Department designates a cultural
resource management officer with training in historic preservation and
compliance with the National Historic Preservation Act (40 U.S.C. 470
et seq.).
``(e) The Director shall review Department activities, policies,
and procedures that might affect historic buildings, properties, and
cultural resources, including review of initiatives through the Capital
Asset Realignment for Enhancement of Services (CARES) program of the
Department.
``(f) The Director shall maintain a comprehensive inventory of the
Department's historic buildings, properties, and cultural resources and
shall forward to the Secretary of the Interior nominations of such
buildings, properties, and cultural resources for inclusion in the
National Register of Historic Places.
``(g) The Director shall assure the Department's compliance with
section 106 of the National Historic Preservation Act of 1966 (16
U.S.C. 470f).''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``320. Office of Historic Preservation.''.
SEC. 104. VETERANS HERITAGE PRESERVATION.
(a) In General.--(1) Part IV of title 38, United States Code, is
amended by adding at the end the following new chapter:
``CHAPTER 87--HISTORIC PRESERVATION
``Sec.
``8701. Veterans Heritage Preservation Fund.
``8702. Public-private partnerships.
``Sec. 8701. Veterans Heritage Preservation Fund
``(a) Establishment.--The Secretary shall establish a fund to be
known as the `Veterans Heritage Preservation Fund'. The Director of the
Office of Historic Preservation, in consultation with the Department's
facility directors, shall make recommendations to the Secretary on the
use of the assets of the fund. In making such recommendations, the
Director shall take into consideration the priority order ranking
specified in the report under section 106 of the Veterans National
Preservation Heritage Act of 2002.
``(b) Uses of Fund.--The Secretary may use balances in the fund
to--
``(1) evaluate, stabilize, preserve, renovate, and restore
historic buildings and properties owned by the Department in
conformity with applicable statutory and regulatory standards
for historic preservation;
``(2) assist in the maintenance and preservation of the
Department's historic artifacts and collections; and
``(3) make grants to State and local governments and non-
profit organizations in connection with the adaptive reuse of
historic buildings.
``(c) Grant Requirements.--(1) A grant under subsection (b)(3) may
be used by the grant recipient for studies, planning, construction,
management, marketing, interpretation, promoting cultural tourism, and
operations.
``(2) Such a grant may provide funds for not more than 75 percent
of a project's cost, with the remainder to be provided as a non-Federal
match.
``(3) In selecting recipients for grants under subsection (b)(3),
the Secretary may establish a higher priority for proposed projects
that would benefit veterans, including homeless veterans, or that would
honor the achievements of veterans.
``(d) Income From Rental Property.--Income or proceeds from the
rental of historic properties at facilities of the Department,
including quarters rented by Department personnel or other persons,
shall be credited to, and form a part of, the Fund. In allocating
amounts to Department facilities under subsection (b)(1) that are
derived from income or proceeds from rental property, the Secretary
shall provide funds to those facilities based upon the amount of funds
credited under the preceding sentence from properties at those
facilities, subject to availability of approved projects for the use of
such funds.
``(e) Donations.--The Secretary is authorized to accept donations
for the purposes of the Fund. Any such amount shall be credited to, and
form a part of, the Fund.
``(f) Authorization of Appropriations.--There is authorized to be
appropriated to the Veterans Heritage Preservation Fund for each fiscal
year the amount of $20,000,000.''.
``Sec. 8702. Public-private partnerships
``(a) Cooperative Agreements.--The Secretary may enter into
cooperative agreements and leases with State and local governments,
nongovernmental organizations, and the Secretary of the Interior for
the purpose of restoring, rehabilitating, maintaining, interpreting,
promoting, and marketing historic buildings.
``(b) Donations.--The Secretary may accept donations for the
purpose of implementing a partnership under this section.
``(c) Collaboration With Department of the Interior.--The Secretary
may collaborate with, and enter into agreements with, the Secretary of
the Interior and Interior-related agencies, including units of the
National Park Service and Federally-designated national heritage areas,
for the purposes of this chapter.''.
SEC. 105. ENHANCED-USE LEASES.
Section 8162(a) of title 38, United States Code, is amended by
adding at the end the following new paragraph:
``(5) In light of the statement in section 117(a) of this title
that it is a mission and responsibility of the Department to maintain
its most significant historic buildings and to preserve them for future
generations, historic preservation shall be considered to be a
Department mission for the purposes of paragraph (2)(A)(i) and any
proposed enhanced-use lease that includes or incorporates preservation
and restoration of the building proposed to be leased shall be
considered to be a veterans related purpose lease for purpose of
priorities for the awarding of leases under this section.''.
SEC. 106. PRESERVATION STUDY AND REPORT.
(a) Study and Report.--The Secretary of Veterans Affairs shall
conduct a study of the historic buildings of the Department of Veterans
Affairs and, not later than February 1, 2004, shall submit to the
Committees on Veterans' Affairs of the Senate and House of
Representatives a report on the results of that study.
(b) Contents of Report.--The report under subsection (a) shall
include the following:
(1) A detailed inventory of historic buildings and sites
under the jurisdiction of the Department of Veterans Affairs,
together with a description of the historical significance of
each such building or site.
(2) Identification of the most important historic buildings
and sites named under paragraph (1) and, for each such building
or site--
(A) a description of potential threats to the
preservation of the building or site;
(B) a cost analysis for restoration of the building
or site; and
(C) a comprehensive structural engineering analysis
of the building or site.
(3) Ranking of the priority order of such buildings and
sites for restoration, taking into consideration historical
significance, reuse potential, preservation threat, and
organized community support.
(4) An action plan for the stabilization and preservation
of the buildings and sites identified under paragraph (2) that
the Secretary determines to be the most threatened.
(c) Consultation.--In preparing the report under subsection (a),
the Secretary shall consult with the Secretary of the Interior and with
State and local governmental agencies and appropriate local private
non-profit organizations in the communities of the historic buildings.
(d) Definition.--For purposes of this section, the term ``historic
building'' means a building listed on, or eligible for listing on, the
National Register of Historic Places.
TITLE II--NATIONAL HISTORIC LANDMARK THEME STUDY
SEC. 201. AUTHORIZATION OF STUDY.
(a) In General.--The Secretary of the Interior, in consultation and
cooperation with the Secretary of Veterans Affairs, shall conduct a
National Historic Landmark theme study to identify sites, districts,
buildings, structures, and landscapes that best illustrate or
commemorate key events at facilities managed by the National Home for
Disabled Volunteer Soldiers and the United States Veterans Bureau
between 1865 and 1930.
(b) Sites To Be Studied.--The sites to be studied under this
section are the branches of the former National Home for Disabled
Volunteer Soldiers and associated entities at the following locations:
(1) Togus, Maine.
(2) Milwaukee, Wisconsin.
(3) Dayton, Ohio.
(4) Hampton, Virginia.
(5) Leavenworth, Kansas.
(6) Santa Monica, California.
(7) Marion, Illinois.
(8) Danville, Illinois.
(9) Johnston City, Tennessee.
(10) Hot Springs, South Dakota.
(11) Bath, New York.
(c) Criteria; Nominations.--In conducting the study under this
section, the Secretary of the Interior shall use the criteria set forth
in section 65.4 of title 36, Code of Federal Regulations, to identify,
in order of importance or merit, potential National Historic Landmarks
at the locations listed in subsection (b). The study shall include a
nomination submittal for each potential National Historic Landmark
identified under this subsection that meets such criteria.
(d) Education and Research.--The study shall--
(1) identify appropriate means to maximize opportunities
for public education on the National Home for Disabled
Volunteer Soldiers; and
(2) recommend opportunities for cooperative arrangements
with State and local governments, educational institutions,
local historical organizations, and other entities to preserve
and interpret key cultural resources at or associated with the
locations listed in subsection (b).
(e) Cooperative Agreements.--The Secretary of the Interior may
enter into cooperative agreements with one or more educational
institutions, public history organizations, or veterans' organizations
knowledgeable about the National Home for Disabled Volunteer Soldiers
to prepare the study under subsection (a) and to ensure that the study
meets scholarly standards.
(f) Report.--Not later than two years after the date on which funds
are made available for the study under subsection (a), the Secretary of
the Interior shall submit to the Committee on Energy and Natural
Resources and the Committee on Veterans' Affairs of the Senate and the
Committee on Resources and the Committee on Veterans' Affairs of the
House of Representatives a report containing the findings, conclusions,
and recommendations of the study.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Veterans' Affairs, and in addition to the Committee on Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Veterans' Affairs, and in addition to the Committee on Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Veterans' Affairs, and in addition to the Committee on Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Sponsor introductory remarks on measure. (CR E1361-1362)
Referred to the Subcommittee on National Parks, Recreation and Public Lands.
Referred to the Subcommittee on Health.
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