II
Calendar No. 9
109th CONGRESS
1st Session
S. 163
[Report No. 109-2]
IN THE SENATE OF THE UNITED STATES
January 25, 2005
Mr. Bennett introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources
February 16, 2005
Reported by Mr. Domenici, with amendments and an amendment to the title
Omit the part struck through and insert the part printed in italic
A BILL
To establish the National Mormon Pioneer Heritage Area in the State of Utah, and for other purposes.
Short title
This Act may be
cited as the
.National Mormon Pioneer
Mormon
Pioneer National Heritage Area Act
Findings and purpose
Findings
Congress finds that—
the historical, cultural, and natural heritage legacies of Mormon colonization and settlement are nationally significant;
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—
the colonization of the western United States; and
the expansion of the United States as a major world power;
the great relocation to the western United States was facilitated by—
the 1,400 mile trek from Illinois to the Great Salt Lake by the Mormon pioneers; and
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;
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;
the landscape, architecture, traditions, beliefs, folk life, products, and events along Highway 89 convey the heritage of the pioneer settlement;
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—
interacted with Native Americans; and
established towns and cities in a harsh, yet spectacular, natural environment;
the colonization and settlement of the Mormon settlers opened up vast amounts of natural resources, including coal, uranium, silver, gold, and copper;
the Mormon colonization played a significant role in the history and progress of the development and settlement of the western United States; and
the artisans, crafters, innkeepers, outfitters, historic landscape, customs, national parks, and architecture in the Heritage Area make the Heritage Area unique.
Purpose
The purpose of this Act is to establish the Heritage Area to—
foster a close working relationship with all levels of government, the private sector, residents, business interests, and local communities in the State;
empower communities in the State to conserve, preserve, and enhance the heritage of the communities while strengthening future economic opportunities;
conserve, interpret, and develop the historical, cultural, natural, and recreational resources within the Heritage Area; and
expand, foster, and develop heritage businesses and products relating to the cultural heritage of the Heritage Area.
Definitions
In this Act:
Alliance
The term Alliance means the Utah Heritage Highway 89 Alliance.
Board
The term Board means the Board of Directors of the Alliance.
Heritage Area
The term Heritage Area means the
National Mormon Pioneer
Mormon
Pioneer National Heritage Area established by section
4(a).
Management plan
The term management plan means the plan developed by the Board under section 6(a).
Secretary
The term Secretary means the Secretary of the Interior.
State
The term State means the State of Utah.
National Mormon
Pioneer
Mormon
Pioneer National Heritage Area
Establishment
There
is established the
National Mormon Pioneer
Mormon
Pioneer National Heritage Area.
Boundaries
In general
The boundaries of the Heritage Area shall include areas
in the State
that are—
that are related to the corridors—
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;
from Highway 89 at the intersection of Highway 12 through Panguitch, Junction, Marysvale, and Sevier County to Sigurd;
continuing northward along Highway 89 through Axtell and Sterling, Sanpete County, to Fairview, Sanpete County, at the junction with Utah Highway 31; and
continuing northward along Highway 89 through Fairview and Thistle Junction, to the junction with Highway 6; and
located
in
including 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.
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.
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.
Administration
The Heritage Area shall be administered in accordance with this Act.
Designation of Alliance as management entity
In general
The Alliance shall be the management entity for the Heritage Area.
Federal funding
Authorization to receive funds
The Alliance may receive amounts made available to carry out this Act.
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.
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—
to make grants and loans to the State, political subdivisions of the State, nonprofit organizations, and other persons;
to enter into cooperative agreements with or provide technical assistance to the State, political subdivisions of the State, nonprofit organizations, and other organizations;
to hire and compensate staff;
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
to contract for goods and services.
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.
Management of the Heritage Area
Heritage Area management plan
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.
Contents
The management plan shall—
present comprehensive recommendations for the conservation, funding, management, and development of the Heritage Area;
take into consideration Federal, State, county, and local plans in effect on the date of enactment of this Act;
involve residents, public agencies, and private organizations in the Heritage Area;
include a description of actions that units of government and private organizations are recommended to take to protect the resources of the Heritage Area;
specify existing and potential sources of Federal and non-Federal funding for the conservation, management, and development of the Heritage Area; and
include—
an inventory of resources in the Heritage Area that—
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
does not include any property that is privately owned unless the owner of the property consents in writing to the inclusion;
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;
a program for implementation of the management plan, including plans for restoration and construction;
a description of any commitments that have been made by persons interested in management of the Heritage Area;
an analysis of means by which Federal, State, and local programs may best be coordinated to promote the purposes of this Act; and
an interpretive plan for the Heritage Area.
Approval or disapproval of the management plan
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.
Disapproval and revisions
In general
If the Secretary disapproves the management plan, the Secretary shall—
advise the Board, in writing, of the reasons for the disapproval; and
make recommendations for revision of the management plan.
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.
Priorities
The Alliance shall give priority to the implementation of actions, goals, and policies set forth in the management plan, including—
assisting units of government, regional planning organizations, and nonprofit organizations in—
conserving the historical, cultural, and natural resources of the Heritage Area;
establishing and maintaining interpretive exhibits in the Heritage Area;
developing recreational opportunities in the Heritage Area;
increasing public awareness of and appreciation for the historical, cultural, and natural resources of the Heritage Area;
restoring historic buildings that are—
located within the boundaries of the Heritage Area; and
related to the theme of the Heritage Area; and
ensuring that clear, consistent, and environmentally appropriate signs identifying access points and sites of interest are put in place throughout the Heritage Area; and
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.
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.
Public meetings
The Board shall conduct public meetings at least annually regarding the implementation of the management plan.
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—
the accomplishments of the Alliance;
the expenses and income of the Alliance; and
the entities to which the Alliance made any loans or grants during the year for which the report is made.
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—
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
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.
Delegation
In general
The Alliance may delegate the responsibilities and actions under this section for each area identified in section 4(b)(1).
Review
All delegated responsibilities and actions are subject to review and approval by the Alliance.
Duties and authorities of Federal agencies
Technical assistance and grants
In general
The Secretary may provide technical assistance and, subject to the availability of appropriations, grants to—
units of government, nonprofit organizations, and other persons, at the request of the Alliance; and
the Alliance, for use in developing and implementing the management plan.
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.
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—
based on the extent to which the assistance—
fulfills the objectives of the management plan; and
achieves the purposes of this Act; and
after giving special consideration to projects that provide a greater leverage of Federal funds.
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.
Other assistance
The Secretary may enter into cooperative agreements with public and private organizations for the purposes of implementing this section.
Duties of other Federal agencies
A Federal entity conducting any activity directly affecting the Heritage Area shall—
consider the potential effect of the activity on the management plan; and
consult with the Alliance with respect to the activity to minimize the adverse effects of the activity on the Heritage Area.
No effect on land use authority and private property
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).
No zoning or land use powers
Nothing in this Act grants powers of zoning or land use control to the Alliance.
Local authority and private property not affected
Nothing in this Act affects or authorizes the Alliance to interfere with—
the right of any person with respect to private property; or
any local zoning ordinance or land use plan of the State or a political subdivision of the State.
Authorization of appropriations
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.
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.
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.
Amend the title so as to read:
A bill to establish the Mormon Pioneer National Heritage Area in the
State of Utah, and for other purposes.
.
February 16, 2005
Reported with amendments and an amendment to the title