II 

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Great Basin National 

5 Heritage Route Act’’. 

6 SEC. 2. FINDINGS AND PURPOSES. 

7 (a) FINDINGS.—Congress finds that— 

8 (1) the natural, cultural, and historic heritage 

9 of the North American Great Basin is nationally sig10 nificant; 
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1 (2) communities along the Great Basin Herit2 age Route (including the towns of Delta, Utah, Ely, 

3 Nevada, and the surrounding communities) are lo4 cated in a classic western landscape that contains 

5 long natural vistas, isolated high desert valleys, 

6 mountain ranges, ranches, mines, historic railroads, 

7 archaeological sites, and tribal communities; 

8 (3) the Native American, pioneer, ranching, 

9 mining, timber, and railroad heritages associated 

10 with the Great Basin Heritage Route include the so11 cial history and living cultural traditions of a rich di12 versity of nationalities; 

13 (4) the pioneer, Mormon, and other religious 

14 settlements, and ranching, timber, and mining ac15 tivities of the region played and continue to play a 

16 significant role in the development of the United 

17 States, shaped by— 

18 (A) the unique geography of the Great 

19 Basin; 

20 (B) an influx of people of Greek, Chinese, 

21 Basque, Serb, Croat, Italian, and Hispanic de22 scent; and 

23 (C) a Native American presence (Western 

24 Shoshone, Northern and Southern Paiute, and 
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1 Goshute) that continues in the Great Basin 

2 today; 

3 (5) the Great Basin housed internment camps 

4 for Japanese-American citizens during World War 

5 II, 1 of which, Topaz, was located along the Herit6 age Route; 

7 (6) the pioneer heritage of the Heritage Route 

8 includes the Pony Express route and stations, the 

9 Overland Stage, and many examples of 19th century 

10 exploration of the western United States; 

11 (7) the Native American heritage of the Herit12 age Route dates back thousands of years and in13 cludes— 

14 (A) archaeological sites; 

15 (B) petroglyphs and pictographs; 

16 (C) the westernmost village of the Fremont 

17 culture; and 

18 (D) communities of Western Shoshone, 

19 Paiute, and Goshute tribes; 

20 (8) the Heritage Route contains multiple bio21 logically diverse ecological communities that are 

22 home to exceptional species such as— 

23 (A) bristlecone pines, the oldest living trees 

24 in the world; 
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1 (B) wildlife adapted to harsh desert condi2 tions; 

3 (C) unique plant communities, lakes, and 

4 streams; and 

5 (D) native Bonneville cutthroat trout; 

6 (9) the air and water quality of the Heritage 

7 Route is among the best in the United States, and 

8 the clear air permits outstanding viewing of the 

9 night skies; 

10 (10) the Heritage Route includes unique and 

11 outstanding geologic features such as numerous 

12 limestone caves, classic basin and range topography 

13 with playa lakes, alluvial fans, volcanics, cold and 

14 hot springs, and recognizable features of ancient 

15 Lake Bonneville; 

16 (11) the Heritage Route includes an unusual 

17 variety of open space and recreational and edu18 cational opportunities because of the great quantity 

19 of ranching activity and public land (including city, 

20 county, and State parks, national forests, Bureau of 

21 Land Management land, and a national park); 

22 (12) there are significant archaeological, histor23 ical, cultural, natural, scenic, and recreational re24 sources in the Great Basin to merit the involvement 

25 of the Federal Government in the development, in 
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1 cooperation with the Great Basin Heritage Route 

2 Partnership and other local and governmental enti3 ties, of programs and projects to— 

4 (A) adequately conserve, protect, and in5 terpret the heritage of the Great Basin for 

6 present and future generations; and 

7 (B) provide opportunities in the Great 

8 Basin for education; and 

9 (13) the Great Basin Heritage Route Partner10 ship shall serve as the management entity for a Her11 itage Route established in the Great Basin. 

12 (b) PURPOSES.—The purposes of this Act are— 

13 (1) to foster a close working relationship with 

14 all levels of government, the private sector, and the 

15 local communities within White Pine County, Ne16 vada, Millard County, Utah, and the Duckwater 

17 Shoshone Reservation; 

18 (2) to enable communities referred to in para19 graph (1) to conserve their heritage while continuing 

20 to develop economic opportunities; and 

21 (3) to conserve, interpret, and develop the ar22 chaeological, historical, cultural, natural, scenic, and 

23 recreational resources related to the unique ranch24 ing, industrial, and cultural heritage of the Great 

25 Basin, in a manner that promotes multiple uses per-
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1 mitted as of the date of enactment of this Act, with2 out managing or regulating land use. 

3 SEC. 3. DEFINITIONS. 

4 In this Act: 

5 (1) GREAT BASIN.—The term ‘‘Great Basin’’ 

6 means the North American Great Basin. 

7 (2) HERITAGE ROUTE.—The term ‘‘Heritage 

8 Route’’ means the Great Basin National Heritage 

9 Route established by section 4(a). 

10 (3) MANAGEMENT ENTITY.—The term ‘‘man11 agement entity’’ means the Great Basin Heritage 

12 Route Partnership established by section 4(c). 

13 (4) MANAGEMENT PLAN.—The term ‘‘manage14 ment plan’’ means the plan developed by the man15 agement entity under section 6(a). 

16 (5) SECRETARY.—The term ‘‘Secretary’’ means 

17 the Secretary of the Interior, acting through the Di18 rector of the National Park Service. 

19 SEC. 4. GREAT BASIN NATIONAL HERITAGE ROUTE. 

20 (a) ESTABLISHMENT.—There is established the 

21 Great Basin National Heritage Route to provide the public 

22 with access to certain historical, cultural, natural, scenic, 

23 and recreational resources in White Pine County, Nevada, 

24 Millard County, Utah, and the Duckwater Shoshone Res-
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1 ervation in the State of Nevada, as designated by the man2 agement entity. 

3 (b) BOUNDARIES.—The management entity shall de4 termine the specific boundaries of the Heritage Route. 

5 (c) MANAGEMENT ENTITY.— 

6 (1) IN GENERAL.—The Great Basin Heritage 

7 Route Partnership shall serve as the management 

8 entity for the Heritage Route. 

9 (2) BOARD OF DIRECTORS.—The Great Basin 

10 Heritage Route Partnership shall be governed by a 

11 board of directors that consists of— 

12 (A) 4 members who are appointed by the 

13 Board of County Commissioners for Millard 

14 County, Utah; 

15 (B) 4 members who are appointed by the 

16 Board of County Commissioners for White Pine 

17 County, Nevada; and 

18 (C) a representative appointed by each Na19 tive American Tribe participating in the Herit20 age Route. 

21 SEC. 5. MEMORANDUM OF UNDERSTANDING. 

22 (a) IN GENERAL.—In carrying out this Act, the Sec23 retary, in consultation with the Governors of the States 

24 of Nevada and Utah and the tribal government of each 

25 Indian tribe participating in the Heritage Route, shall 
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1 enter into a memorandum of understanding with the man2 agement entity. 

3 (b) INCLUSIONS.—The memorandum of under4 standing shall include information relating to the objec5 tives and management of the Heritage Route, including— 

6 (1) a description of the resources of the Herit7 age Route; 

8 (2) a discussion of the goals and objectives of 

9 the Heritage Route, including— 

10 (A) an explanation of the proposed ap11 proach to conservation, development, and inter12 pretation; and 

13 (B) a general outline of the anticipated 

14 protection and development measures; 

15 (3) a description of the management entity; 

16 (4) a list and statement of the financial com17 mitment of the initial partners to be involved in de18 veloping and implementing the management plan; 

19 and 

20 (5) a description of the role of the States of Ne21 vada and Utah in the management of the Heritage 

22 Route. 

23 (c) ADDITIONAL REQUIREMENTS.—In developing the 

24 terms of the memorandum of understanding, the Sec25 retary and the management entity shall— 
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1 (1) provide opportunities for local participation; 

2 and 

3 (2) include terms that ensure, to the maximum 

4 extent practicable, timely implementation of all as5 pects of the memorandum of understanding. 

6 (d) AMENDMENTS.— 

7 (1) IN GENERAL.—The Secretary shall review 

8 any amendments of the memorandum of under9 standing proposed by the management entity or the 

10 Governor of the State of Nevada or Utah. 

11 (2) USE OF FUNDS.—Funds made available 

12 under this Act shall not be expended to implement 

13 a change made by a proposed amendment described 

14 in paragraph (1) until the Secretary approves the 

15 amendment. 

16 SEC. 6. MANAGEMENT PLAN. 

17 (a) IN GENERAL.—Not later than 3 years after the 

18 date of enactment of this Act, the management entity shall 

19 develop and submit to the Secretary for approval a man20 agement plan for the Heritage Route that— 

21 (1) specifies— 

22 (A) any resources designated by the man23 agement entity under section 4(a); and 

24 (B) the specific boundaries of the Heritage 

25 Route, as determined under section 4(b); and 
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1 (2) presents clear and comprehensive rec2 ommendations for the conservation, funding, man3 agement, and development of the Heritage Route. 

4 (b) CONSIDERATIONS.—In developing the manage5 ment plan, the management entity shall— 

6 (1) provide for the participation of local resi7 dents, public agencies, and private organizations lo8 cated within the counties of Millard County, Utah, 

9 White Pine County, Nevada, and the Duckwater 

10 Shoshone Reservation in the protection and develop11 ment of resources of the Heritage Route, taking into 

12 consideration State, tribal, county, and local land 

13 use plans in existence on the date of enactment of 

14 this Act; 

15 (2) identify sources of funding; 

16 (3) include— 

17 (A) a program for implementation of the 

18 management plan by the management entity, 

19 including— 

20 (i) plans for restoration, stabilization, 

21 rehabilitation, and construction of public 

22 or tribal property; and 

23 (ii) specific commitments by the iden24 tified partners referred to in section 
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1 5(b)(4) for the first 5 years of operation; 

2 and 

3 (B) an interpretation plan for the Heritage 

4 Route; and 

5 (4) develop a management plan that will not in6 fringe on private property rights without the consent 

7 of the owner of the private property. 

8 (c) FAILURE TO SUBMIT.—If the management entity 

9 fails to submit a management plan to the Secretary in ac10 cordance with subsection (a), the Heritage Route shall no 

11 longer qualify for Federal funding. 

12 (d) APPROVAL AND DISAPPROVAL OF MANAGEMENT

13 PLAN.— 

14 (1) IN GENERAL.—Not later than 90 days after 

15 receipt of a management plan under subsection (a), 

16 the Secretary, in consultation with the Governors of 

17 the States of Nevada and Utah, shall approve or dis18 approve the management plan. 

19 (2) CRITERIA.—In determining whether to ap20 prove a management plan, the Secretary shall con21 sider whether the management plan— 

22 (A) has strong local support from a diver23 sity of landowners, business interests, nonprofit 

24 organizations, and governments associated with 

25 the Heritage Route; 
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1 (B) is consistent with and complements 

2 continued economic activity along the Heritage 

3 Route; 

4 (C) has a high potential for effective part5 nership mechanisms; 

6 (D) avoids infringing on private property 

7 rights; and 

8 (E) provides methods to take appropriate 

9 action to ensure that private property rights are 

10 observed. 

11 (3) ACTION FOLLOWING DISAPPROVAL.—If the 

12 Secretary disapproves a management plan under 

13 paragraph (1), the Secretary shall— 

14 (A) advise the management entity in writ15 ing of the reasons for the disapproval; 

16 (B) make recommendations for revisions to 

17 the management plan; and 

18 (C) not later than 90 days after the receipt 

19 of any proposed revision of the management 

20 plan from the management entity, approve or 

21 disapprove the proposed revision. 

22 (e) IMPLEMENTATION.—On approval of the manage23 ment plan as provided in subsection (d)(1), the manage24 ment entity, in conjunction with the Secretary, shall take 

25 appropriate steps to implement the management plan. 
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1 (f) AMENDMENTS.— 

2 (1) IN GENERAL.—The Secretary shall review 

3 each amendment to the management plan that the 

4 Secretary determines may make a substantial 

5 change to the management plan. 

6 (2) USE OF FUNDS.—Funds made available 

7 under this Act shall not be expended to implement 

8 an amendment described in paragraph (1) until the 

9 Secretary approves the amendment. 

10 SEC. 7. AUTHORITY AND DUTIES OF MANAGEMENT ENTITY. 

11 (a) AUTHORITIES.—The management entity may, for 

12 purposes of preparing and implementing the management 

13 plan, use funds made available under this Act to— 

14 (1) make grants to, and enter into cooperative 

15 agreements with, a State (including a political sub16 division), an Indian tribe, a private organization, or 

17 any person; and 

18 (2) hire and compensate staff. 

19 (b) DUTIES.—In addition to developing the manage20 ment plan, the management entity shall— 

21 (1) give priority to implementing the memo22 randum of understanding and the management plan, 

23 including taking steps to— 
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1 (A) assist units of government, regional 

2 planning organizations, and nonprofit organiza3 tions in— 

4 (i) establishing and maintaining inter5 pretive exhibits along the Heritage Route; 

6 (ii) developing recreational resources 

7 along the Heritage Route; 

8 (iii) increasing public awareness of 

9 and appreciation for the archaeological, 

10 historical, cultural, natural, scenic, and 

11 recreational resources and sites along the 

12 Heritage Route; and 

13 (iv) if requested by the owner, restor14 ing, stabilizing, or rehabilitating any pri15 vate, public, or tribal historical building re16 lating to the themes of the Heritage Route; 

17 (B) encourage economic viability and diver18 sity along the Heritage Route in accordance 

19 with the objectives of the management plan; 

20 and 

21 (C) encourage the installation of clear, 

22 consistent, and environmentally appropriate 

23 signage identifying access points and sites of in24 terest along the Heritage Route; 
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1 (2) consider the interests of diverse govern2 mental, business, and nonprofit groups associated 

3 with the Heritage Route; 

4 (3) conduct public meetings in the region of the 

5 Heritage Route at least semiannually regarding the 

6 implementation of the management plan; 

7 (4) submit substantial amendments (including 

8 any increase of more than 20 percent in the cost es9 timates for implementation) to the management plan 

10 to the Secretary for approval by the Secretary; and 

11 (5) for any year for which Federal funds are re12 ceived under this Act— 

13 (A) submit to the Secretary a report that 

14 describes, for the year— 

15 (i) the accomplishments of the man16 agement entity; 

17 (ii) the expenses and income of the 

18 management entity; and 

19 (iii) each entity to which any loan or 

20 grant was made; 

21 (B) make available for audit all records 

22 pertaining to the expenditure of the funds and 

23 any matching funds; and 

24 (C) require, for all agreements authorizing 

25 the expenditure of Federal funds by any entity, 
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1 that the receiving entity make available for 

2 audit all records pertaining to the expenditure 

3 of the funds. 

4 (c) PROHIBITION ON THE ACQUISITION OF REAL

5 PROPERTY.—The management entity shall not use Fed6 eral funds made available under this Act to acquire real 

7 property or any interest in real property. 

8 (d) PROHIBITION ON THE REGULATION OF LAND

9 USE.—The management entity shall not regulate land use 

10 within the Heritage Route. 

11 SEC. 8. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES. 

12 (a) TECHNICAL AND FINANCIAL ASSISTANCE.— 

13 (1) IN GENERAL.—The Secretary may, on re14 quest of the management entity, provide technical 

15 and financial assistance to develop and implement 

16 the management plan and memorandum of under17 standing. 

18 (2) PRIORITY FOR ASSISTANCE.—In providing 

19 assistance under paragraph (1), the Secretary shall, 

20 on request of the management entity, give priority 

21 to actions that assist in— 

22 (A) conserving the significant archae23 ological, historical, cultural, natural, scenic, and 

24 recreational resources of the Heritage Route; 

25 and 
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1 (B) providing education, interpretive, and 

2 recreational opportunities, and other uses con3 sistent with those resources. 

4 (b) APPLICATION OF FEDERAL LAW.—The establish5 ment of the Heritage Route shall have no effect on the 

6 application of any Federal law to any property within the 

7 Heritage Route. 

8 SEC. 9. LAND USE REGULATION; APPLICABILITY OF FED9 ERAL LAW. 

10 (a) LAND USE REGULATION.—Nothing in this Act— 

11 (1) modifies, enlarges, or diminishes any au12 thority of the Federal, State, tribal, or local govern13 ment to regulate by law (including by regulation) 

14 any use of land; or 

15 (2) grants any power of zoning or land use to 

16 the management entity. 

17 (b) APPLICABILITY OF FEDERAL LAW.—Nothing in 

18 this Act— 

19 (1) imposes on the Heritage Route, as a result 

20 of the designation of the Heritage Route, any regu21 lation that is not applicable to the area within the 

22 Heritage Route as of the date of enactment of this 

23 Act; or 

24 (2) authorizes any agency to promulgate a reg25 ulation that applies to the Heritage Route solely as 
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1 a result of the designation of the Heritage Route 

2 under this Act. 

3 SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 

4 (a) IN GENERAL.—There is authorized to be appro5 priated to carry out this Act $10,000,000, of which not 

6 more than $1,000,000 may be made available for any fis7 cal year. 

8 (b) COST SHARING.— 

9 (1) FEDERAL SHARE.—The Federal share of 

10 the cost of any activity assisted under this Act shall 

11 not exceed 50 percent. 

12 (2) FORM OF NON-FEDERAL SHARE.—The non13 Federal share may be in the form of in-kind con14 tributions, donations, grants, and loans from individ15 uals and State or local governments or agencies. 

16 SEC. 11. TERMINATION OF AUTHORITY. 

17 The authority of the Secretary to provide assistance 

18 under this Act terminates on the date that is 15 years 

19 after the date of enactment of this Act.

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