Message #36
From: AzTeC SW Archaeology SIG
To:   "'Matthias Giessler'" 

Subject: Text Of PL 105-127 (NM Hispanic Cultural Center)

[ AzTeC / SWA SASIG ] :

[ SASIG Ed. Note -- For those who missed it on the NPS website
and elsewhere, and, for those who cannot open PDF files, here is
the text of a new law.]

http://www.nps.gov/legal/index.html

111 STAT. 2543 PUBLIC LAW 105-127-DEC. 1, 1997 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.

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 ''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. Hispanic Cultural Center Act of 1997.Dec. 1, 1997 [S. 1417]

111 STAT. 2544 PUBLIC LAW 105-127-DEC. 1, 1997 (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 
His-panics 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, story-
telling 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.

111 STAT. 2545 PUBLIC LAW 105-127-DEC. 1, 1997 (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 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.

111 STAT. 2546 PUBLIC LAW 105-127-DEC. 1, 1997 (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.

111 STAT. 2547 PUBLIC LAW 105-127-DEC. 1, 1997 (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.