[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 916 Introduced in Senate (IS)]
108th CONGRESS
1st Session
S. 916
To establish the National Mormon Pioneer Heritage Area in the State of
Utah, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 11, 2003
Mr. Bennett introduced the following bill; which was read twice and
referred to the Committee on Energy and Natural ResourcesYYYYYY
_______________________________________________________________________
A BILL
To establish the National Mormon Pioneer Heritage Area in the State of
Utah, 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 ``National Mormon Pioneer Heritage
Area Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
(1) the historical, cultural, and natural heritage legacies
of Mormon colonization and settlement are nationally
significant;
(2) in the area starting along the Highway 89 corridor at
the Arizona border, passing through Kane, Garfield, Piute,
Sevier, Wayne, and Sanpete Counties in the State of Utah, and
terminating in Fairview, Utah, there are a variety of heritage
resources that demonstrate--
(A) the colonization of the western United States;
and
(B) the expansion of the United States as a major
world power;
(3) the great relocation to the western United States was
facilitated by--
(A) the 1,400 mile trek from Illinois to the Great
Salt Lake by the Mormon pioneers; and
(B) the subsequent colonization effort in Nevada,
Utah, the southeast corner of Idaho, the southwest
corner of Wyoming, large areas of southeastern Oregon,
much of southern California, and areas along the
eastern border of California;
(4) the 250-mile Highway 89 corridor from Kanab to
Fairview, Utah, contains some of the best features of the
Mormon colonization experience in the United States;
(5) the landscape, architecture, traditions, beliefs, folk
life, products, and events along Highway 89 convey the heritage
of the pioneer settlement;
(6) the Boulder Loop, Capitol Reef National Park, Zion
National Park, Bryce Canyon National Park, and the Highway 89
area convey the compelling story of how early settlers--
(A) interacted with Native Americans; and
(B) established towns and cities in a harsh, yet
spectacular, natural environment;
(7) the colonization and settlement of the Mormon settlers
opened up vast amounts of natural resources, including coal,
uranium, silver, gold, and copper;
(8) the Mormon colonization played a significant role in
the history and progress of the development and settlement of
the western United States; and
(9) the artisans, crafters, innkeepers, outfitters,
historic landscape, customs, national parks, and architecture
in the Heritage Area make the Heritage Area unique.
(b) Purpose.--The purpose of this Act is to establish the Heritage
Area to--
(1) foster a close working relationship with all levels of
government, the private sector, residents, business interests,
and local communities in the State;
(2) empower communities in the State to conserve, preserve,
and enhance the heritage of the communities while strengthening
future economic opportunities;
(3) conserve, interpret, and develop the historical,
cultural, natural, and recreational resources within the
Heritage Area; and
(4) expand, foster, and develop heritage businesses and
products relating to the cultural heritage of the Heritage
Area.
SEC. 3. DEFINITIONS.
In this Act:
(1) Alliance.--The term ``Alliance'' means the Utah
Heritage Highway 89 Alliance.
(2) Board.--The term ``Board'' means the Board of Directors
of the Alliance.
(3) Heritage area.--The term ``Heritage Area'' means the
National Mormon Pioneer Heritage Area established by section
4(a).
(4) Management plan.--The term ``management plan'' means
the plan developed by the Board under section 6(a).
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) State.--The term ``State'' means the State of Utah.
SEC. 4. NATIONAL MORMON PIONEER HERITAGE AREA.
(a) Establishment.--There is established the National Mormon
Pioneer Heritage Area.
(b) Boundaries.--
(1) In general.--The boundaries of the Heritage Area shall
include areas in the State that are--
(A) related to the corridors--
(i) from the Arizona border northward
through Kanab, Utah, and to the intersection of
Highway 89 and Highway 12, including Highway 12
and Highway 24 as those highways loop off
Highway 89 and rejoin Highway 89 at Sigurd;
(ii) from Highway 89 at the intersection of
Highway 12 through Panguitch, Junction,
Marysvale, and Sevier County to Sigurd;
(iii) continuing northward along Highway 89
through Axtell and Sterling, Sanpete County, to
Fairview, Sanpete County, at the junction with
Utah Highway 31; and
(iv) continuing northward along Highway 89
through Fairview and Thistle Junction, to the
junction with Highway 6; and
(B) located in the following communities: Kanab,
Mt. Carmel, Orderville, Glendale, Alton, Cannonville,
Tropic, Henrieville, Escalante, Boulder, Teasdale,
Fruita, Hanksville, Torrey, Bicknell, Loa, Hatch,
Panquitch, Circleville, Antimony, Junction, Marysvale,
Koosharem, Sevier, Joseph, Monroe, Elsinore, Richfield,
Glenwood, Sigurd, Aurora, Salina, Mayfield, Sterling,
Gunnison, Fayette, Manti, Ephraim, Spring City, Mt.
Pleasant, Moroni, Fountain Green, and Fairview.
(2) Map.--The Secretary shall prepare a map of the Heritage
Area, which shall be on file and available for public
inspection in the office of the Director of the National Park
Service.
(3) Notice to local governments.--The Alliance shall
provide to the government of each city, town, and county that
has jurisdiction over property proposed to be included in the
Heritage Area written notice of the proposed inclusion.
(c) Administration.--The Heritage Area shall be administered in
accordance with this Act.
SEC. 5. DESIGNATION OF ALLIANCE AS MANAGEMENT ENTITY.
(a) In General.--The Alliance shall be the management entity for
the Heritage Area.
(b) Federal Funding.--
(1) Authorization to receive funds.--The Alliance may
receive amounts made available to carry out this Act.
(2) Disqualification.--If a management plan is not
submitted to the Secretary as required under section 6 within
the time period specified in that section, the Alliance may not
receive Federal funding under this Act until a management plan
is submitted to the Secretary.
(c) Use of Federal Funds.--The Alliance may, for the purposes of
developing and implementing the management plan, use Federal funds made
available under this Act--
(1) to make grants and loans to the State, political
subdivisions of the State, nonprofit organizations, and other
persons;
(2) to enter into cooperative agreements with or provide
technical assistance to the State, political subdivisions of
the State, nonprofit organizations, and other organizations;
(3) to hire and compensate staff;
(4) to obtain funds from any source under any program or
law requiring the recipient of funds to make a contribution in
order to receive the funds; and
(5) to contract for goods and services.
(d) Prohibition of Acquisition of Real Property.--The Alliance may
not use Federal funds received under this Act to acquire real property
or any interest in real property.
SEC. 6. MANAGEMENT OF THE HERITAGE AREA.
(a) Heritage Area Management Plan.--
(1) Development and submission for review.--Not later than
3 years after the date of enactment of this Act, the Board,
with public participation, shall develop and submit for review
to the Secretary a management plan for the Heritage Area.
(2) Contents.--The management plan shall--
(A) present comprehensive recommendations for the
conservation, funding, management, and development of
the Heritage Area;
(B) take into consideration Federal, State, county,
and local plans in effect on the date of enactment of
this Act;
(C) involve residents, public agencies, and private
organizations in the Heritage Area;
(D) include a description of actions that units of
government and private organizations are recommended to
take to protect the resources of the Heritage Area;
(E) specify existing and potential sources of
Federal and non-Federal funding for the conservation,
management, and development of the Heritage Area; and
(F) include--
(i) an inventory of resources in the
Heritage Area that--
(I) includes a list of property in
the Heritage Area that should be
conserved, restored, managed,
developed, or maintained because of the
historical, cultural, or natural
significance of the property as the
property relates to the themes of the
Heritage Area; and
(II) does not include any property
that is privately owned unless the
owner of the property consents in
writing to the inclusion;
(ii) a recommendation of policies for
resource management that consider the
application of appropriate land and water
management techniques, including policies for
the development of intergovernmental
cooperative agreements to manage the
historical, cultural, and natural resources and
recreational opportunities of the Heritage Area
in a manner that is consistent with the support
of appropriate and compatible economic
viability;
(iii) a program for implementation of the
management plan, including plans for
restoration and construction;
(iv) a description of any commitments that
have been made by persons interested in
management of the Heritage Area;
(v) an analysis of means by which Federal,
State, and local programs may best be
coordinated to promote the purposes of this Act; and
(vi) an interpretive plan for the Heritage
Area.
(3) Approval or disapproval of the management plan.--
(A) In general.--Not later than 180 days after
submission of the management plan by the Board, the
Secretary shall approve or disapprove the management
plan.
(B) Disapproval and revisions.--
(i) In general.--If the Secretary
disapproves the management plan, the Secretary
shall--
(I) advise the Board, in writing,
of the reasons for the disapproval; and
(II) make recommendations for
revision of the management plan.
(ii) Approval or disapproval.--The
Secretary shall approve or disapprove proposed
revisions to the management plan not later than
60 days after receipt of the revisions from the
Board.
(b) Priorities.--The Alliance shall give priority to the
implementation of actions, goals, and policies set forth in the
management plan, including--
(1) assisting units of government, regional planning
organizations, and nonprofit organizations in--
(A) conserving the historical, cultural, and
natural resources of the Heritage Area;
(B) establishing and maintaining interpretive
exhibits in the Heritage Area;
(C) developing recreational opportunities in the
Heritage Area;
(D) increasing public awareness of and appreciation
for the historical, cultural, and natural resources of
the Heritage Area;
(E) restoring historic buildings that are--
(i) located within the boundaries of the
Heritage Area; and
(ii) related to the theme of the Heritage
Area; and
(F) ensuring that clear, consistent, and
environmentally appropriate signs identifying access
points and sites of interest are put in place
throughout the Heritage Area; and
(2) consistent with the goals of the management plan,
encouraging economic viability in the affected communities by
appropriate means, including encouraging and soliciting the
development of heritage products.
(c) Consideration of Interests of Local Groups.--In developing and
implementing the management plan, the Board shall consider the
interests of diverse units of government, businesses, private property
owners, and nonprofit organizations in the Heritage Area.
(d) Public Meetings.--The Board shall conduct public meetings at
least annually regarding the implementation of the management plan.
(e) Annual Reports.--For any fiscal year in which the Alliance
receives Federal funds under this Act or in which a loan made by the
Alliance with Federal funds under section 5(c)(1) is outstanding, the
Alliance shall submit to the Secretary an annual report that
describes--
(1) the accomplishments of the Alliance;
(2) the expenses and income of the Alliance; and
(3) the entities to which the Alliance made any loans or
grants during the year for which the report is made.
(f) Cooperation With Audits.--For any fiscal year in which the
Alliance receives Federal funds under this Act or in which a loan made
by the Alliance with Federal funds under section 5(c)(1) is
outstanding, the Alliance shall--
(1) make available for audit by Congress, the Secretary,
and appropriate units of government all records and other
information relating to the expenditure of the Federal funds
and any matching funds; and
(2) require, with respect to all agreements authorizing
expenditure of the Federal funds by other organizations, that
the receiving organizations make available for audit all
records and other information relating to the expenditure of
the Federal funds.
(g) Delegation.--
(1) In general.--The Alliance may delegate the
responsibilities and actions under this section for each area
identified in section 4(b)(1).
(2) Review.--All delegated responsibilities and actions are
subject to review and approval by the Alliance.
SEC. 7. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES.
(a) Technical Assistance and Grants.--
(1) In general.--The Secretary may provide technical
assistance and, subject to the availability of appropriations,
grants to--
(A) units of government, nonprofit organizations,
and other persons, at the request of the Alliance; and
(B) the Alliance, for use in developing and
implementing the management plan.
(2) Prohibition of certain requirements.--The Secretary may
not, as a condition of the award of technical assistance or
grants under this section, require any recipient of the
technical assistance or a grant to enact or modify any land use
restriction.
(3) Determinations regarding assistance.--The Secretary
shall determine whether a unit of government, nonprofit
organization, or other person shall be awarded technical
assistance or grants and the amount of technical assistance--
(A) based on the extent to which the assistance--
(i) fulfills the objectives of the
management plan; and
(ii) achieves the purposes of this Act; and
(B) after giving special consideration to projects
that provide a greater leverage of Federal funds.
(b) Provision of Information.--In cooperation with other Federal
agencies, the Secretary shall provide the public with information
concerning the location and character of the Heritage Area.
(c) Other Assistance.--The Secretary may enter into cooperative
agreements with public and private organizations for the purposes of
implementing this section.
(d) Duties of Other Federal Agencies.--A Federal entity conducting
any activity directly affecting the Heritage Area shall--
(1) consider the potential effect of the activity on the
management plan; and
(2) consult with the Alliance with respect to the activity
to minimize the adverse effects of the activity on the Heritage
Area.
SEC. 8. NO EFFECT ON LAND USE AUTHORITY AND PRIVATE PROPERTY.
(a) No Effect on Land Use Authority.--Nothing in this Act modifies,
enlarges, or diminishes any authority of Federal, State, or local
government to regulate any use of land under any other law (including
regulations).
(b) No Zoning or Land Use Powers.--Nothing in this Act grants
powers of zoning or land use control to the Alliance.
(c) Local Authority and Private Property Not Affected.--Nothing in
this Act affects or authorizes the Alliance to interfere with--
(1) the right of any person with respect to private
property; or
(2) any local zoning ordinance or land use plan of the
State or a political subdivision of the State.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to carry
out this Act $10,000,000, of which not more than $1,000,000 may be made
available for any fiscal year.
(b) Federal Share.--The Federal share of the cost of any activity
carried out using funds made available under this Act shall not exceed
50 percent.
SEC. 10. TERMINATION OF AUTHORITY.
The authority of the Secretary to provide assistance under this Act
terminates on the date that is 15 years after the date of enactment of
this Act.
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