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Pub.L. 105-128 To make technical and conforming amendments to the Museum and Library Services Act, and for other purposes. <> ...


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[[Page 111 STAT. 2543]]

Public Law 105-127
105th Congress

                                 An Act


 
 To provide for the design, construction, furnishing and equipping of a 
 Center for Performing Arts within the complex known as the New Mexico 
    Hispanic Cultural Center and for other purposes. <<NOTE: Dec. 1, 
                          1997 -  [S. 1417]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Hispanic 
Cultural Center Act of 1997.>> 

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Hispanic Cultural Center Act of 
1997''.

SEC. 2. CONSTRUCTION OF A CENTER FOR PERFORMING ARTS.

    (a) Findings.--Congress makes the following findings:
            (1) The United States has an enriched legacy of Hispanic 
        influence in politics, government, economic development, and 
        cultural expression.
            (2) The Hispanic culture in what is now the United States 
        can be traced to 1528 when a Spanish expedition from Cuba to 
        Florida was shipwrecked on the Texas coast.
            (3) The Hispanic culture in New Mexico can be traced to 1539 
        when a Spanish Franciscan Friar, Marcos de Niza, and his guide, 
        Estevanico, traveled into present day New Mexico in search of 
        the fabled city of Cibola and made contact with the people of 
        Zuni.
            (4) The Hispanic influence in New Mexico is particularly 
        dominant and a part of daily living for all the citizens of New 
        Mexico, who are a diverse composite of racial, ethnic, and 
        cultural peoples. Don Juan de Onate and the first New Mexican 
        families established the first capital in the United States, San 
        Juan de los Caballeros, in July of 1598.
            (5) Based on the 1990 census, there are approximately 
        650,000 Hispanics in New Mexico, the majority having roots 
        reaching back ten or more generations.
            (6) There are an additional 200,000 Hispanics living outside 
        of New Mexico with roots in New Mexico.
            (7) The New Mexico Hispanic Cultural Center is a living 
        tribute to the Hispanic experience and will provide all citizens 
        of New Mexico, the Southwestern United States, the entire United 
        States, and around the world, an opportunity to learn about, 
        partake in, and enjoy the unique Hispanic culture, and the New 
        Mexico Hispanic Cultural Center will assure that this 400-year 
        old culture is preserved.

[[Page 111 STAT. 2544]]

            (8) The New Mexico Hispanic Cultural Center will teach, 
        showcase, and share all facets of Hispanic culture, including 
        literature, performing arts, visual arts, culinary arts, and 
        language arts.
            (9) The New Mexico Hispanic Cultural Center will promote a 
        better cross-cultural understanding of the Hispanic culture and 
        the contributions of individuals to the society in which we all 
        live.
            (10) In 1993, the legislature and Governor of New Mexico 
        created the Hispanic Cultural Division as a division within the 
        Office of Cultural Affairs. One of the principal 
        responsibilities of the Hispanic Cultural Division is to oversee 
        the planning, construction, and operation of the New Mexico 
        Hispanic Cultural Center.
            (11) The mission of the New Mexico Hispanic Cultural Center 
        is to create a greater appreciation and understanding of 
        Hispanic culture.
            (12) The New Mexico Hispanic Cultural Center will serve as a 
        local, regional, national, and international site for the study 
        and advancement of Hispanic culture, expressing both the rich 
        history and the forward-looking aspirations of Hispanics 
        throughout the world.
            (13) The New Mexico Hispanic Cultural Center will be a 
        Hispanic arts and humanities showcase to display the works of 
        national and international artists, and to provide a venue for 
        educators, scholars, artists, children, elders, and the general 
        public.
            (14) The New Mexico Hispanic Cultural Center will provide a 
        venue for presenting the historic and contemporary 
        representations and achievements of the Hispanic culture.
            (15) The New Mexico Hispanic Cultural Center will sponsor 
        arts and humanities programs, including programs related to 
        visual arts of all forms (including drama, dance, and 
        traditional and contemporary music), research, literary arts, 
        genealogy, oral history, publications, and special events such 
        as, fiestas, culinary arts demonstrations, film video 
        productions, storytelling presentations and education programs.
            (16) Phase I of the New Mexico Hispanic Cultural Center 
        complex is scheduled to be completed by August of 1998 and is 
        planned to consist of an art gallery with exhibition space and a 
        museum, administrative offices, a restaurant, a ballroom, a gift 
        shop, an amphitheater, a research and literary arts center, and 
        other components.
            (17) Phase II of the New Mexico Hispanic Cultural Center 
        complex is planned to include a performing arts center 
        (containing a 700-seat theater, a stage house, and a 300-seat 
        film/video theater), a 150-seat black box theater, an art studio 
        building, a culinary arts building, and a research and literary 
        arts building.

[[Page 111 STAT. 2545]]

            (18) It is appropriate for the Federal Government to share 
        in the cost of constructing the New Mexico Hispanic Cultural 
        Center because Congress recognizes that the New Mexico Hispanic 
        Cultural Center has the potential to be a premier facility for 
        performing arts and a national repository for Hispanic arts and 
        culture.

    (b) Definitions.--In this section:
            (1) Center.--The term ``Center'' means the Center for 
        Performing Arts, within the complex known as the New Mexico 
        Hispanic Cultural Center, which Center for the Performing Arts 
        is a central facility in Phase II of the New Mexico Hispanic 
        Cultural Center complex.
            (2) Hispanic cultural division.--The term ``Hispanic 
        Cultural Division'' means the Hispanic Cultural Division of the 
        Office of Cultural Affairs of the State of New Mexico.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

    (c) Construction of Center.--The Secretary shall award a grant to 
New Mexico to pay for the Federal share of the costs of the design, 
construction, furnishing, and equipping of the Center for Performing 
Arts that will be located at a site to be determined by the Hispanic 
Cultural Division, within the complex known as the New Mexico Hispanic 
Cultural Center.
    (d) Grant Requirements.--
            (1) In general.--In order to receive a grant awarded under 
        subsection (c), New Mexico, acting through the Director of the 
        Hispanic Cultural Division--
                    (A) shall submit to the Secretary, within 30 days of 
                the date of enactment of this section, a copy of the New 
                Mexico Hispanic Cultural Center Program document dated 
                January 1996; and
                    (B) shall exercise due diligence to expeditiously 
                execute, in a period not to exceed 90 days after the 
                date of enactment of this section, the memorandum of 
                understanding under paragraph (2) recognizing that time 
                is of the essence for the construction of the Center 
                because 1998 marks the 400th anniversary of the first 
                permanent Spanish settlement in New Mexico.
            (2) Memorandum of understanding.--The memorandum of 
        understanding described in paragraph (1) shall provide--
                    (A) the date of completion of the construction of 
                the Center;
                    (B) that Antoine Predock, an internationally 
                recognized architect, shall be the supervising architect 
                for the construction of the Center or any other 
                architect subsequently named by the State;
                    (C) that the Director of the Hispanic Cultural 
                Division shall award the contract for architectural 
                engineering and design services in accordance with the 
                New Mexico Procurement Code; and
                    (D) that the contract for the construction of the 
                Center--
                          (i) shall be awarded pursuant to a competitive 
                      bidding process; and
                          (ii) shall be awarded not later than 3 months 
                      after the solicitation for bids for the 
                      construction of the Center.

[[Page 111 STAT. 2546]]

            (3) Federal share.--The Federal share of the costs described 
        in subsection (c) shall be 50 percent.
            (4) Non-federal share.--The non-Federal share of the costs 
        described in subsection (c) shall be in cash or in kind fairly 
        evaluated, including plant, equipment, or services. The non-
        Federal share shall include any contribution received by New 
        Mexico for the design, construction, furnishing, or equipping of 
        Phase I or Phase II of the New Mexico Hispanic Cultural Center 
        complex prior to the date of enactment of this section. The non-
        Federal share of the costs described in subsection (c) shall 
        include the following:
                    (A) $16,410,000 that was appropriated by the New 
                Mexico legislature since January 1, 1993, for the 
                planning, property acquisition, design, construction, 
                furnishing, and equipping of the New Mexico Hispanic 
                Cultural Center complex.
                    (B) $116,000 that was appropriated by the New Mexico 
                legislature for fiscal year 1995 for the startup and 
                operating expenses of the New Mexico Hispanic Cultural 
                Center.
                    (C) $226,000 that was appropriated by the New Mexico 
                legislature for fiscal year 1996 for the startup and 
                operating expenses of the New Mexico Hispanic Cultural 
                Center.
                    (D) $442,000 that was appropriated by the New Mexico 
                legislature for fiscal year 1997 for the startup and 
                operating expenses of the New Mexico Hispanic Cultural 
                Center.
                    (E) $551,000 that was appropriated by the New Mexico 
                legislature for fiscal year 1998 for the startup and 
                operating expenses of the New Mexico Hispanic Cultural 
                Center.
                    (F) A 10.9-acre lot with a historic 22,000 square 
                foot building donated by the Mayor and City Council of 
                Albuquerque, New Mexico, to New Mexico for the New 
                Mexico Hispanic Cultural Center.
                    (G) 12 acres of ``Bosque'' land adjacent to the New 
                Mexico Hispanic Cultural Center complex for use by the 
                New Mexico Hispanic Cultural Center.
                    (H) The $30,000 donation by the Sandia National 
                Laboratories and Lockheed Martin Corporation to support 
                the New Mexico Hispanic Cultural Center and the program 
                activities of the New Mexico Hispanic Cultural Center.

    (e) Use of Funds for Design, Construction, Furnishing, and 
Equipment.--The funds received under a grant awarded under subsection 
(c) shall be used only for the design, construction, management, 
inspection, furnishing, and equipment of the Center.

[[Page 111 STAT. 2547]]

    (f) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out this section a total of 
$17,800,000 for fiscal year 1998 and succeeding fiscal years. Funds 
appropriated pursuant to the authority of the preceding sentence shall 
remain available until expended.

    Approved December 1, 1997.

LEGISLATIVE HISTORY--S. 1417:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 143 (1997):
            Nov. 7, considered and passed Senate.
            Nov. 13, considered and passed House.

                                  <all>

Pages: 1

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