Historic Preservation Enhancement Act
📝 TL;DR
This bill doubles federal historic preservation funding to $300 million annually and makes it permanent spending that doesn't require yearly congressional approval, with guaranteed minimum amounts for state and tribal preservation offices. It specifically funds programs for underrepresented communities and civil rights history, but could add $150+ million yearly to federal spending.
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The Historic Preservation Enhancement Act (HR 10553) significantly expands federal funding for historic preservation programs by doubling the annual deposit into the Historic Preservation Fund from $150 million to $300 million and establishing permanent funding without requiring annual appropriations. The bill restructures how these funds are allocated, mandating that at least 40% go to State Historic Preservation Offices and 20% to Tribal Historic Preservation Offices, while also authorizing funding for specific grant programs focused on underrepresented communities and civil rights history. This represents a major shift from the current system where historic preservation funding competes annually in the appropriations process and has faced uncertain funding levels since the previous authorization expired in 2023.
Detailed Analysis
The bill operates by amending two key sections of Title 54 of the U.S. Code, which governs the Historic Preservation Fund. Section 2(a) restructures the funding mechanism by removing the previous expiration date (fiscal year 2023) and doubling the annual deposit to $300 million. Crucially, it adds a backstop provision requiring Treasury general funds to make up any shortfall if offshore oil and gas revenues (the fund's traditional source) fall short. Section 2(b) completely rewrites how funds are distributed by making them available without further appropriation - essentially converting historic preservation funding from discretionary to mandatory spending. The new allocation framework establishes minimum funding floors for state and tribal offices while allowing presidential discretion for remaining funds, subject to congressional override through appropriations acts. Section 3 specifically authorizes four grant programs that focus on historically underrepresented communities and civil rights history, including African American Civil Rights Movement grants and surveys for underrepresented communities. The bill creates a complex interplay between executive allocation authority and congressional appropriations power, with detailed procedures for continuing resolutions and reporting requirements. This structure suggests an attempt to balance guaranteed baseline funding with legislative oversight and flexibility.
🎯 Key Provisions
Doubled Annual Funding with Treasury Backstop: Increases the annual Historic Preservation Fund deposit from $150 million to $300 million and requires Treasury general funds to cover any shortfall if traditional revenue sources are insufficient. (Section 2(a)(3) and (4) - striking '$150,000,000' and inserting '$300,000,000' plus new subsection requiring general fund backup)
Permanent Appropriations Without Annual Authorization: Makes Historic Preservation Fund money available for expenditure without further appropriation or fiscal year limitation, converting from discretionary to mandatory spending. (Section 303103(a) - 'shall be made available for expenditure...without further appropriation or fiscal year limitation')
Mandatory State and Tribal Office Funding Minimums: Requires at least 40% of annual funds go to State Historic Preservation Offices and 20% to Tribal Historic Preservation Offices, with tribal allocation increasing as more offices are established. (Section 303103(b)(1) - 'not less than 40 percent shall be allocated to State Historic Preservation Offices' and 'not less than 20 percent shall be allocated to Tribal Historic Preservation Offices')
Presidential Allocation Authority with Congressional Override: Grants the President authority to allocate funds if Congress doesn't provide alternate allocations, but allows Congress to override through appropriations acts. (Section 303103(b)(3) - 'Appropriations Acts may provide for alternate allocation' and 'amounts...shall be allocated by the President' if no congressional action)
Continuing Resolution Distribution Powers: Allows the President to continue distributing funds to state and tribal offices during government funding gaps at the previous year's rate. (Section 303103(b)(4) - 'the President may distribute funds...at the rate of operations provided for such Offices...during the immediately preceding fiscal year')
Authorization of Underrepresented Community Programs: Specifically authorizes funding for four grant programs focused on African American civil rights history, equal rights history, and surveys of underrepresented communities. (Section 3 - authorizes 'African American Civil Rights Movement Initiative & Grants' and 'Survey Grants for Underrepresented Communities' among others)
👥 Impact Analysis
Direct Effects If enacted, this bill would immediately double available funding for historic preservation from $300 million annually starting in fiscal year 2026, with at least $120 million guaranteed for state offices and $60 million for tribal offices. The permanent appropriations structure would end the annual uncertainty that has plagued historic preservation funding, allowing for longer-term planning and commitments. State and tribal historic preservation offices would see guaranteed minimum funding levels for the first time, potentially enabling them to hire permanent staff and undertake multi-year projects. The four specifically authorized grant programs would receive dedicated funding streams, likely expanding preservation efforts in historically underrepresented communities and civil rights sites that have been underfunded.
Indirect Effects The shift to mandatory spending could create tension with fiscal conservatives who prefer discretionary appropriations control, potentially affecting the bill's passage and future modification attempts. The guaranteed funding may encourage more tribes to establish Historic Preservation Offices to access the dedicated 20% allocation, expanding tribal preservation capacity nationwide. Local communities and preservation organizations may see increased grant opportunities, particularly those working on civil rights sites and underrepresented histories. However, the complex allocation system could create administrative burden and potential conflicts between executive and legislative branch priorities over fund distribution.
Affected Groups - State Historic Preservation Offices - Tribal Historic Preservation Offices - African American communities - Civil rights organizations - Rural communities (Paul Bruhn grants) - Underrepresented communities - Local preservation organizations - National Park Service - Department of Interior - Congress (budget oversight) - Historic preservation contractors and consultants
Fiscal Impact The bill would increase federal spending by $150 million annually starting in fiscal year 2026, doubling current historic preservation funding to $300 million per year. Unlike current funding that comes from offshore oil and gas revenues, the bill creates a Treasury general fund backstop, meaning taxpayers could cover shortfalls if traditional revenues are insufficient. The conversion to mandatory spending removes this funding from annual appropriations battles but also removes annual congressional spending control. The bill does not specify offset mechanisms or pay-for provisions, suggesting the additional $150 million would add to federal spending and potentially the deficit. Long-term fiscal impact could exceed $1.5 billion over a decade, though this depends on actual revenue shortfalls requiring Treasury backup funding.
📋 Latest Action
12/20/2024
Referred to the Committee on Natural Resources, and in addition to the Committee on the Budget, 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.