(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)
Great Basin National Heritage Route Act - (Sec. 4) Establishes the Great Basin National Heritage Route to provide the public with access to certain historical, cultural, natural, scenic, and recreational resources in White Pine County, Nevada, Millard County, Utah, and the Duckwater Shoshone Reservation in Nevada.
(Sec. 4) Designates the Great Basin Heritage Route Partnership as the Route's management entity.
(Sec. 5) Directs the Secretary of the Interior, acting through the Director of the National Park Service, to enter into a memorandum of understanding with the Partnership regarding Route objectives and management.
(Sec. 6) Requires the Partnership to submit a management plan to the Secretary.
(Sec. 7) Prohibits the Partnership from: (1) using any Federal funds made available under this Act to acquire real property; and (2 ) regulating land use within the Route.
(Sec. 8) Authorizes the Secretary, upon request by the Partnership, to provide technical and financial assistance to develop and implement the management plan and the memorandum of understanding.
(Sec. 9) Specifies the effect of this Act with regard to: (1) land use regulations; and (2) the applicability of Federal law to the Route.
(Sec. 10) Authorizes appropriations.
(Sec. 11) Terminates the authority of the Secretary to provide assistance under this Act 15 years after the enactment of this Act.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 249 Introduced in Senate (IS)]
109th CONGRESS
1st Session
S. 249
To establish the Great Basin National Heritage Route in the States of
Nevada and Utah.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 1, 2005
Mr. Reid (for himself, Mr. Ensign, and Mr. Bennett) introduced the
following bill; which was read twice and referred to the Committee on
Energy and Natural Resources
_______________________________________________________________________
A BILL
To establish the Great Basin National Heritage Route in the States of
Nevada and Utah.
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 ``Great Basin National Heritage Route
Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) the natural, cultural, and historic heritage of the
North American Great Basin is nationally significant;
(2) communities along the Great Basin Heritage Route
(including the towns of Delta, Utah, Ely, Nevada, and the
surrounding communities) are located in a classic western
landscape that contains long natural vistas, isolated high
desert valleys, mountain ranges, ranches, mines, historic
railroads, archaeological sites, and tribal communities;
(3) the Native American, pioneer, ranching, mining, timber,
and railroad heritages associated with the Great Basin Heritage
Route include the social history and living cultural traditions
of a rich diversity of nationalities;
(4) the pioneer, Mormon, and other religious settlements,
and ranching, timber, and mining activities of the region
played and continue to play a significant role in the
development of the United States, shaped by--
(A) the unique geography of the Great Basin;
(B) an influx of people of Greek, Chinese, Basque,
Serb, Croat, Italian, and Hispanic descent; and
(C) a Native American presence (Western Shoshone,
Northern and Southern Paiute, and Goshute) that
continues in the Great Basin today;
(5) the Great Basin housed internment camps for Japanese-
American citizens during World War II, 1 of which, Topaz, was
located along the Heritage Route;
(6) the pioneer heritage of the Heritage Route includes the
Pony Express route and stations, the Overland Stage, and many
examples of 19th century exploration of the western United
States;
(7) the Native American heritage of the Heritage Route
dates back thousands of years and includes--
(A) archaeological sites;
(B) petroglyphs and pictographs;
(C) the westernmost village of the Fremont culture;
and
(D) communities of Western Shoshone, Paiute, and
Goshute tribes;
(8) the Heritage Route contains multiple biologically
diverse ecological communities that are home to exceptional
species such as--
(A) bristlecone pines, the oldest living trees in
the world;
(B) wildlife adapted to harsh desert conditions;
(C) unique plant communities, lakes, and streams;
and
(D) native Bonneville cutthroat trout;
(9) the air and water quality of the Heritage Route is
among the best in the United States, and the clear air permits
outstanding viewing of the night skies;
(10) the Heritage Route includes unique and outstanding
geologic features such as numerous limestone caves, classic
basin and range topography with playa lakes, alluvial fans,
volcanics, cold and hot springs, and recognizable features of
ancient Lake Bonneville;
(11) the Heritage Route includes an unusual variety of open
space and recreational and educational opportunities because of
the great quantity of ranching activity and public land
(including city, county, and State parks, national forests,
Bureau of Land Management land, and a national park);
(12) there are significant archaeological, historical,
cultural, natural, scenic, and recreational resources in the
Great Basin to merit the involvement of the Federal Government
in the development, in cooperation with the Great Basin
Heritage Route Partnership and other local and governmental
entities, of programs and projects to--
(A) adequately conserve, protect, and interpret the
heritage of the Great Basin for present and future
generations; and
(B) provide opportunities in the Great Basin for
education; and
(13) the Great Basin Heritage Route Partnership shall serve
as the management entity for a Heritage Route established in
the Great Basin.
(b) Purposes.--The purposes of this Act are--
(1) to foster a close working relationship with all levels
of government, the private sector, and the local communities
within White Pine County, Nevada, Millard County, Utah, and the
Duckwater Shoshone Reservation;
(2) to enable communities referred to in paragraph (1) to
conserve their heritage while continuing to develop economic
opportunities; and
(3) to conserve, interpret, and develop the archaeological,
historical, cultural, natural, scenic, and recreational
resources related to the unique ranching, industrial, and
cultural heritage of the Great Basin, in a manner that promotes
multiple uses permitted as of the date of enactment of this
Act, without managing or regulating land use.
SEC. 3. DEFINITIONS.
In this Act:
(1) Great basin.--The term ``Great Basin'' means the North
American Great Basin.
(2) Heritage route.--The term ``Heritage Route'' means the
Great Basin National Heritage Route established by section
4(a).
(3) Management entity.--The term ``management entity''
means the Great Basin Heritage Route Partnership established by
section 4(c).
(4) Management plan.--The term ``management plan'' means
the plan developed by the management entity under section 6(a).
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the National
Park Service.
SEC. 4. GREAT BASIN NATIONAL HERITAGE ROUTE.
(a) Establishment.--There is established the Great Basin National
Heritage Route to provide the public with access to certain historical,
cultural, natural, scenic, and recreational resources in White Pine
County, Nevada, Millard County, Utah, and the Duckwater Shoshone
Reservation in the State of Nevada, as designated by the management
entity.
(b) Boundaries.--The management entity shall determine the specific
boundaries of the Heritage Route.
(c) Management Entity.--
(1) In general.--The Great Basin Heritage Route Partnership
shall serve as the management entity for the Heritage Route.
(2) Board of directors.--The Great Basin Heritage Route
Partnership shall be governed by a board of directors that
consists of--
(A) 4 members who are appointed by the Board of
County Commissioners for Millard County, Utah;
(B) 4 members who are appointed by the Board of
County Commissioners for White Pine County, Nevada; and
(C) a representative appointed by each Native
American Tribe participating in the Heritage Route.
SEC. 5. MEMORANDUM OF UNDERSTANDING.
(a) In General.--In carrying out this Act, the Secretary, in
consultation with the Governors of the States of Nevada and Utah and
the tribal government of each Indian tribe participating in the
Heritage Route, shall enter into a memorandum of understanding with the
management entity.
(b) Inclusions.--The memorandum of understanding shall include
information relating to the objectives and management of the Heritage
Route, including--
(1) a description of the resources of the Heritage Route;
(2) a discussion of the goals and objectives of the
Heritage Route, including--
(A) an explanation of the proposed approach to
conservation, development, and interpretation; and
(B) a general outline of the anticipated protection
and development measures;
(3) a description of the management entity;
(4) a list and statement of the financial commitment of the
initial partners to be involved in developing and implementing
the management plan; and
(5) a description of the role of the States of Nevada and
Utah in the management of the Heritage Route.
(c) Additional Requirements.--In developing the terms of the
memorandum of understanding, the Secretary and the management entity
shall--
(1) provide opportunities for local participation; and
(2) include terms that ensure, to the maximum extent
practicable, timely implementation of all aspects of the
memorandum of understanding.
(d) Amendments.--
(1) In general.--The Secretary shall review any amendments
of the memorandum of understanding proposed by the management
entity or the Governor of the State of Nevada or Utah.
(2) Use of funds.--Funds made available under this Act
shall not be expended to implement a change made by a proposed
amendment described in paragraph (1) until the Secretary
approves the amendment.
SEC. 6. MANAGEMENT PLAN.
(a) In General.--Not later than 3 years after the date of enactment
of this Act, the management entity shall develop and submit to the
Secretary for approval a management plan for the Heritage Route that--
(1) specifies--
(A) any resources designated by the management
entity under section 4(a); and
(B) the specific boundaries of the Heritage Route,
as determined under section 4(b); and
(2) presents clear and comprehensive recommendations for
the conservation, funding, management, and development of the
Heritage Route.
(b) Considerations.--In developing the management plan, the
management entity shall--
(1) provide for the participation of local residents,
public agencies, and private organizations located within the
counties of Millard County, Utah, White Pine County, Nevada,
and the Duckwater Shoshone Reservation in the protection and
development of resources of the Heritage Route, taking into
consideration State, tribal, county, and local land use plans
in existence on the date of enactment of this Act;
(2) identify sources of funding;
(3) include--
(A) a program for implementation of the management
plan by the management entity, including--
(i) plans for restoration, stabilization,
rehabilitation, and construction of public or
tribal property; and
(ii) specific commitments by the identified
partners referred to in section 5(b)(4) for the
first 5 years of operation; and
(B) an interpretation plan for the Heritage Route;
and
(4) develop a management plan that will not infringe on
private property rights without the consent of the owner of the
private property.
(c) Failure to Submit.--If the management entity fails to submit a
management plan to the Secretary in accordance with subsection (a), the
Heritage Route shall no longer qualify for Federal funding.
(d) Approval and Disapproval of Management Plan.--
(1) In general.--Not later than 90 days after receipt of a
management plan under subsection (a), the Secretary, in
consultation with the Governors of the States of Nevada and
Utah, shall approve or disapprove the management plan.
(2) Criteria.--In determining whether to approve a
management plan, the Secretary shall consider whether the
management plan--
(A) has strong local support from a diversity of
landowners, business interests, nonprofit
organizations, and governments associated with the
Heritage Route;
(B) is consistent with and complements continued
economic activity along the Heritage Route;
(C) has a high potential for effective partnership
mechanisms;
(D) avoids infringing on private property rights;
and
(E) provides methods to take appropriate action to
ensure that private property rights are observed.
(3) Action following disapproval.--If the Secretary
disapproves a management plan under paragraph (1), the
Secretary shall--
(A) advise the management entity in writing of the
reasons for the disapproval;
(B) make recommendations for revisions to the
management plan; and
(C) not later than 90 days after the receipt of any
proposed revision of the management plan from the
management entity, approve or disapprove the proposed
revision.
(e) Implementation.--On approval of the management plan as provided
in subsection (d)(1), the management entity, in conjunction with the
Secretary, shall take appropriate steps to implement the management
plan.
(f) Amendments.--
(1) In general.--The Secretary shall review each amendment
to the management plan that the Secretary determines may make a
substantial change to the management plan.
(2) Use of funds.--Funds made available under this Act
shall not be expended to implement an amendment described in
paragraph (1) until the Secretary approves the amendment.
SEC. 7. AUTHORITY AND DUTIES OF MANAGEMENT ENTITY.
(a) Authorities.--The management entity may, for purposes of
preparing and implementing the management plan, use funds made
available under this Act to--
(1) make grants to, and enter into cooperative agreements
with, a State (including a political subdivision), an Indian
tribe, a private organization, or any person; and
(2) hire and compensate staff.
(b) Duties.--In addition to developing the management plan, the
management entity shall--
(1) give priority to implementing the memorandum of
understanding and the management plan, including taking steps
to--
(A) assist units of government, regional planning
organizations, and nonprofit organizations in--
(i) establishing and maintaining
interpretive exhibits along the Heritage Route;
(ii) developing recreational resources
along the Heritage Route;
(iii) increasing public awareness of and
appreciation for the archaeological,
historical, cultural, natural, scenic, and
recreational resources and sites along the
Heritage Route; and
(iv) if requested by the owner, restoring,
stabilizing, or rehabilitating any private,
public, or tribal historical building relating
to the themes of the Heritage Route;
(B) encourage economic viability and diversity
along the Heritage Route in accordance with the
objectives of the management plan; and
(C) encourage the installation of clear,
consistent, and environmentally appropriate signage
identifying access points and sites of interest along
the Heritage Route;
(2) consider the interests of diverse governmental,
business, and nonprofit groups associated with the Heritage
Route;
(3) conduct public meetings in the region of the Heritage
Route at least semiannually regarding the implementation of the
management plan;
(4) submit substantial amendments (including any increase
of more than 20 percent in the cost estimates for
implementation) to the management plan to the Secretary for
approval by the Secretary; and
(5) for any year for which Federal funds are received under
this Act--
(A) submit to the Secretary a report that
describes, for the year--
(i) the accomplishments of the management
entity;
(ii) the expenses and income of the
management entity; and
(iii) each entity to which any loan or
grant was made;
(B) make available for audit all records pertaining
to the expenditure of the funds and any matching funds;
and
(C) require, for all agreements authorizing the
expenditure of Federal funds by any entity, that the
receiving entity make available for audit all records
pertaining to the expenditure of the funds.
(c) Prohibition on the Acquisition of Real Property.--The
management entity shall not use Federal funds made available under this
Act to acquire real property or any interest in real property.
(d) Prohibition on the Regulation of Land Use.--The management
entity shall not regulate land use within the Heritage Route.
SEC. 8. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES.
(a) Technical and Financial Assistance.--
(1) In general.--The Secretary may, on request of the
management entity, provide technical and financial assistance
to develop and implement the management plan and memorandum of
understanding.
(2) Priority for assistance.--In providing assistance under
paragraph (1), the Secretary shall, on request of the
management entity, give priority to actions that assist in--
(A) conserving the significant archaeological,
historical, cultural, natural, scenic, and recreational
resources of the Heritage Route; and
(B) providing education, interpretive, and
recreational opportunities, and other uses consistent
with those resources.
(b) Application of Federal Law.--The establishment of the Heritage
Route shall have no effect on the application of any Federal law to any
property within the Heritage Route.
SEC. 9. LAND USE REGULATION; APPLICABILITY OF FEDERAL LAW.
(a) Land Use Regulation.--Nothing in this Act--
(1) modifies, enlarges, or diminishes any authority of the
Federal, State, tribal, or local government to regulate by law
(including by regulation) any use of land; or
(2) grants any power of zoning or land use to the
management entity.
(b) Applicability of Federal Law.--Nothing in this Act--
(1) imposes on the Heritage Route, as a result of the
designation of the Heritage Route, any regulation that is not
applicable to the area within the Heritage Route as of the date
of enactment of this Act; or
(2) authorizes any agency to promulgate a regulation that
applies to the Heritage Route solely as a result of the
designation of the Heritage Route under this Act.
SEC. 10. 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) Cost Sharing.--
(1) Federal share.--The Federal share of the cost of any
activity assisted under this Act shall not exceed 50 percent.
(2) Form of non-federal share.--The non-Federal share may
be in the form of in-kind contributions, donations, grants, and
loans from individuals and State or local governments or
agencies.
SEC. 11. 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.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S753)
Read twice and referred to the Committee on Energy and Natural Resources. (text of measure as introduced: CR S753-755)
Committee on Energy and Natural Resources. Ordered to be reported without amendment favorably.
Committee on Energy and Natural Resources. Reported by Senator Domenici without amendment. With written report No. 109-6.
Committee on Energy and Natural Resources. Reported by Senator Domenici without amendment. With written report No. 109-6.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 13.
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