Historic Preservation Enhancement Act
- Bill Number
- H.R. 5914
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Public Lands and Natural Resources
- Status
- Introduced
- Latest Action
- 2025-11-04: 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.
- Last Updated
- 2026-05-13T08:06:31Z
AI-Generated Summary
Purpose
The Historic Preservation Enhancement Act (H.R. 5914) aims to strengthen federal support for preserving historic sites and cultural heritage by doubling annual deposits into the Historic Preservation Fund and ensuring its long-term availability. It also authorizes funding for specific grant programs focused on underrepresented communities and civil rights history.
Key Provisions
- Increased Funding Deposits: Requires $300 million annually to be deposited into the Historic Preservation Fund starting in fiscal year 2026 (up from $150 million previously limited to fiscal years 2012–2023). If dedicated revenues (like outer continental shelf oil and gas leases) fall short, the difference is covered from the U.S. Treasury's general fund.
- Fund Availability: Funds deposited from fiscal year 2026 onward become available for spending starting in fiscal year 2027, without needing annual congressional appropriations or fiscal year restrictions. This allows flexible use for historic preservation programs under title 54 of the U.S. Code.
- Allocation Requirements:
- At least 40% of funds must go to State Historic Preservation Offices.
- At least 20% must go to Tribal Historic Preservation Offices, with adjustments for any increase in the number of such offices.
- The President must submit proposed allocations to Congress: for fiscal year 2027 within 90 days of enactment, and annually thereafter as part of the budget. This includes breakdowns for states, tribes, and specific grant programs.
- Flexibility in Allocations:
- Congress can override allocations through appropriations acts, including program-specific distributions.
- If no full-year appropriations act is passed, the President allocates the funds.
- Under continuing resolutions (temporary funding measures), funds can be distributed at the prior year's rate to state and tribal offices.
- An annual report to Congress details final allocations by program.
- Authorized Programs: Subject to appropriations, funds support:
- African American Civil Rights Movement Initiative & Grants.
- History of Equal Rights Grants (previously "Civil Rights Grants for All Americans").
- Survey Grants for Underrepresented Communities.
- Paul Bruhn Historic Revitalization Grants.
Significant Changes to Existing Law
- Permanent and Doubled Funding: Removes the prior cap on fiscal years (ending 2023) and doubles the annual deposit amount, making the funding ongoing and more robust.
- Guaranteed Backstop Funding: Introduces a new mechanism to draw from the general Treasury fund if revenues are insufficient, ensuring consistent deposits.
- No-Further-Appropriation Rule: Shifts from requiring yearly congressional approval to automatic availability, streamlining access but maintaining congressional oversight via allocations and reports.
- Mandatory Minimums for States and Tribes: Establishes fixed percentages for state (40%) and tribal (20%, adjustable) offices, prioritizing these entities over previous discretionary approaches.
- Enhanced Reporting and Oversight: Adds presidential submission of proposals and annual reports, plus rules for handling budget delays, to improve transparency and continuity.
Potential Impacts
- On Government Agencies: The Department of the Interior and National Park Service gain more stable, increased funding for preservation activities, reducing reliance on annual budgets and potentially easing administrative burdens. However, it may strain the general Treasury if revenue shortfalls occur frequently.
- On Citizens: Enhances preservation of historic sites, particularly those tied to civil rights and underrepresented communities, benefiting local economies through tourism, revitalization grants, and cultural education. States and tribes receive guaranteed shares, supporting community-led projects.
- On International Relations: No direct impacts; the bill focuses on domestic U.S. heritage preservation.
Main Stakeholders Affected
- State Historic Preservation Offices: Receive at least 40% of funds for statewide preservation efforts.
- Tribal Historic Preservation Offices: Guaranteed at least 20% (with growth adjustments) for tribal cultural sites and histories.
- Underrepresented Communities: Benefit from targeted grants for surveys and revitalization of sites related to civil rights, African American history, and equal rights.
- Executive Branch (President and Agencies): Responsible for proposing and reporting allocations, with flexibility during budget uncertainties.
- Congress: Retains control through appropriations and oversight, influencing program priorities.
- Local Governments and Non-Profits: Indirectly supported via grants for site preservation and economic development.
Notable Legal, Constitutional, or Political Implications
- Budgetary and Fiscal Implications: Commits federal funds without annual appropriations, potentially raising concerns about mandatory spending under Article I of the Constitution (congressional power of the purse), though congressional override options preserve legislative authority. Could increase overall federal expenditures by up to $300 million yearly, impacting deficit discussions.
- Equity and Inclusion Focus: Emphasizes tribal and underrepresented groups, aligning with broader political goals of cultural equity but possibly sparking debates on allocation fairness if funds are reallocated.
- Administrative Efficiency: Streamlines funding to avoid lapses during government shutdowns or delays, promoting stability in heritage programs without altering core constitutional balances. No major legal challenges anticipated, as it amends existing preservation laws (title 54, U.S. Code) incrementally.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Rep. Leger Fernandez, Teresa [D-NM-3]
Cosponsors (1)
Recent Actions
- 2025-11-04: 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.
- 2025-11-04: 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.
- 2025-11-04: Introduced in House
- 2025-11-04: Introduced in House
Bill Versions
- Historic Preservation Enhancement Act — issued 2025-11-04 — PDF (6 pages)