II 

Calendar No. 13 

109TH CONGRESS 

1ST SESSION S. 249 

[Report No. 109-6] 

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, Mr. BENNETT, and Mr. HATCH) 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, without amendment 

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’’. 
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1 SEC. 2. FINDINGS AND PURPOSES. 

2 (a) FINDINGS.—Congress finds that— 

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

4 of the North American Great Basin is nationally sig5 nificant; 

6 (2) communities along the Great Basin Herit7 age Route (including the towns of Delta, Utah, Ely, 

8 Nevada, and the surrounding communities) are lo9 cated in a classic western landscape that contains 

10 long natural vistas, isolated high desert valleys, 

11 mountain ranges, ranches, mines, historic railroads, 

12 archaeological sites, and tribal communities; 

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

14 mining, timber, and railroad heritages associated 

15 with the Great Basin Heritage Route include the so16 cial history and living cultural traditions of a rich di17 versity of nationalities; 

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

19 settlements, and ranching, timber, and mining ac20 tivities of the region played and continue to play a 

21 significant role in the development of the United 

22 States, shaped by— 

23 (A) the unique geography of the Great 

24 Basin; 
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1 (B) an influx of people of Greek, Chinese, 

2 Basque, Serb, Croat, Italian, and Hispanic de3 scent; and 

4 (C) a Native American presence (Western 

5 Shoshone, Northern and Southern Paiute, and 

6 Goshute) that continues in the Great Basin 

7 today; 

8 (5) the Great Basin housed internment camps 

9 for Japanese-American citizens during World War 

10 II, 1 of which, Topaz, was located along the Herit11 age Route; 

12 (6) the pioneer heritage of the Heritage Route 

13 includes the Pony Express route and stations, the 

14 Overland Stage, and many examples of 19th century 

15 exploration of the western United States; 

16 (7) the Native American heritage of the Herit17 age Route dates back thousands of years and in18 cludes— 

19 (A) archaeological sites; 

20 (B) petroglyphs and pictographs; 

21 (C) the westernmost village of the Fremont 

22 culture; and 

23 (D) communities of Western Shoshone, 

24 Paiute, and Goshute tribes; 
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1 (8) the Heritage Route contains multiple bio2 logically diverse ecological communities that are 

3 home to exceptional species such as— 

4 (A) bristlecone pines, the oldest living trees 

5 in the world; 

6 (B) wildlife adapted to harsh desert condi7 tions; 

8 (C) unique plant communities, lakes, and 

9 streams; and 

10 (D) native Bonneville cutthroat trout; 

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

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

13 the clear air permits outstanding viewing of the 

14 night skies; 

15 (10) the Heritage Route includes unique and 

16 outstanding geologic features such as numerous 

17 limestone caves, classic basin and range topography 

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

19 hot springs, and recognizable features of ancient 

20 Lake Bonneville; 

21 (11) the Heritage Route includes an unusual 

22 variety of open space and recreational and edu23 cational opportunities because of the great quantity 

24 of ranching activity and public land (including city, 
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1 county, and State parks, national forests, Bureau of 

2 Land Management land, and a national park); 

3 (12) there are significant archaeological, histor4 ical, cultural, natural, scenic, and recreational re5 sources in the Great Basin to merit the involvement 

6 of the Federal Government in the development, in 

7 cooperation with the Great Basin Heritage Route 

8 Partnership and other local and governmental enti9 ties, of programs and projects to— 

10 (A) adequately conserve, protect, and in11 terpret the heritage of the Great Basin for 

12 present and future generations; and 

13 (B) provide opportunities in the Great 

14 Basin for education; and 

15 (13) the Great Basin Heritage Route Partner16 ship shall serve as the management entity for a Her17 itage Route established in the Great Basin. 

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

19 (1) to foster a close working relationship with 

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

21 local communities within White Pine County, Ne22 vada, Millard County, Utah, and the Duckwater 

23 Shoshone Reservation; 
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1 (2) to enable communities referred to in para2 graph (1) to conserve their heritage while continuing 

3 to develop economic opportunities; and 

4 (3) to conserve, interpret, and develop the ar5 chaeological, historical, cultural, natural, scenic, and 

6 recreational resources related to the unique ranch7 ing, industrial, and cultural heritage of the Great 

8 Basin, in a manner that promotes multiple uses per9 mitted as of the date of enactment of this Act, with10 out managing or regulating land use. 

11 SEC. 3. DEFINITIONS. 

12 In this Act: 

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

14 means the North American Great Basin. 

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

16 Route’’ means the Great Basin National Heritage 

17 Route established by section 4(a). 

18 (3) MANAGEMENT ENTITY.—The term ‘‘man19 agement entity’’ means the Great Basin Heritage 

20 Route Partnership established by section 4(c). 

21 (4) MANAGEMENT PLAN.—The term ‘‘manage22 ment plan’’ means the plan developed by the man23 agement entity under section 6(a). 
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1 (5) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of the Interior, acting through the Di3 rector of the National Park Service. 

4 SEC. 4. GREAT BASIN NATIONAL HERITAGE ROUTE. 

5 (a) ESTABLISHMENT.—There is established the 

6 Great Basin National Heritage Route to provide the public 

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

8 and recreational resources in White Pine County, Nevada, 

9 Millard County, Utah, and the Duckwater Shoshone Res10 ervation in the State of Nevada, as designated by the man11 agement entity. 

12 (b) BOUNDARIES.—The management entity shall de13 termine the specific boundaries of the Heritage Route. 

14 (c) MANAGEMENT ENTITY.— 

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

16 Route Partnership shall serve as the management 

17 entity for the Heritage Route. 

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

19 Heritage Route Partnership shall be governed by a 

20 board of directors that consists of— 

21 (A) 4 members who are appointed by the 

22 Board of County Commissioners for Millard 

23 County, Utah; 
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1 (B) 4 members who are appointed by the 

2 Board of County Commissioners for White Pine 

3 County, Nevada; and 

4 (C) a representative appointed by each Na5 tive American Tribe participating in the Herit6 age Route. 

7 SEC. 5. MEMORANDUM OF UNDERSTANDING. 

8 (a) IN GENERAL.—In carrying out this Act, the Sec9 retary, in consultation with the Governors of the States 

10 of Nevada and Utah and the tribal government of each 

11 Indian tribe participating in the Heritage Route, shall 

12 enter into a memorandum of understanding with the man13 agement entity. 

14 (b) INCLUSIONS.—The memorandum of under15 standing shall include information relating to the objec16 tives and management of the Heritage Route, including— 

17 (1) a description of the resources of the Herit18 age Route; 

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

20 the Heritage Route, including— 

21 (A) an explanation of the proposed ap22 proach to conservation, development, and inter23 pretation; and 

24 (B) a general outline of the anticipated 

25 protection and development measures; 
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1 (3) a description of the management entity; 

2 (4) a list and statement of the financial com3 mitment of the initial partners to be involved in de4 veloping and implementing the management plan; 

5 and 

6 (5) a description of the role of the States of Ne7 vada and Utah in the management of the Heritage 

8 Route. 

9 (c) ADDITIONAL REQUIREMENTS.—In developing the 

10 terms of the memorandum of understanding, the Sec11 retary and the management entity shall— 

12 (1) provide opportunities for local participation; 

13 and 

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

15 extent practicable, timely implementation of all as16 pects of the memorandum of understanding. 

17 (d) AMENDMENTS.— 

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

19 any amendments of the memorandum of under20 standing proposed by the management entity or the 

21 Governor of the State of Nevada or Utah. 

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

23 under this Act shall not be expended to implement 

24 a change made by a proposed amendment described 
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1 in paragraph (1) until the Secretary approves the 

2 amendment. 

3 SEC. 6. MANAGEMENT PLAN. 

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

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

6 develop and submit to the Secretary for approval a man7 agement plan for the Heritage Route that— 

8 (1) specifies— 

9 (A) any resources designated by the man10 agement entity under section 4(a); and 

11 (B) the specific boundaries of the Heritage 

12 Route, as determined under section 4(b); and 

13 (2) presents clear and comprehensive rec14 ommendations for the conservation, funding, man15 agement, and development of the Heritage Route. 

16 (b) CONSIDERATIONS.—In developing the manage17 ment plan, the management entity shall— 

18 (1) provide for the participation of local resi19 dents, public agencies, and private organizations lo20 cated within the counties of Millard County, Utah, 

21 White Pine County, Nevada, and the Duckwater 

22 Shoshone Reservation in the protection and develop23 ment of resources of the Heritage Route, taking into 

24 consideration State, tribal, county, and local land 
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1 use plans in existence on the date of enactment of 

2 this Act; 

3 (2) identify sources of funding; 

4 (3) include— 

5 (A) a program for implementation of the 

6 management plan by the management entity, 

7 including— 

8 (i) plans for restoration, stabilization, 

9 rehabilitation, and construction of public 

10 or tribal property; and 

11 (ii) specific commitments by the iden12 tified partners referred to in section 

13 5(b)(4) for the first 5 years of operation; 

14 and 

15 (B) an interpretation plan for the Heritage 

16 Route; and 

17 (4) develop a management plan that will not in18 fringe on private property rights without the consent 

19 of the owner of the private property. 

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

21 fails to submit a management plan to the Secretary in ac22 cordance with subsection (a), the Heritage Route shall no 

23 longer qualify for Federal funding. 

24 (d) APPROVAL AND DISAPPROVAL OF MANAGEMENT

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

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

3 the Secretary, in consultation with the Governors of 

4 the States of Nevada and Utah, shall approve or dis5 approve the management plan. 

6 (2) CRITERIA.—In determining whether to ap7 prove a management plan, the Secretary shall con8 sider whether the management plan— 

9 (A) has strong local support from a diver10 sity of landowners, business interests, nonprofit 

11 organizations, and governments associated with 

12 the Heritage Route; 

13 (B) is consistent with and complements 

14 continued economic activity along the Heritage 

15 Route; 

16 (C) has a high potential for effective part17 nership mechanisms; 

18 (D) avoids infringing on private property 

19 rights; and 

20 (E) provides methods to take appropriate 

21 action to ensure that private property rights are 

22 observed. 

23 (3) ACTION FOLLOWING DISAPPROVAL.—If the 

24 Secretary disapproves a management plan under 

25 paragraph (1), the Secretary shall— 
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1 (A) advise the management entity in writ2 ing of the reasons for the disapproval; 

3 (B) make recommendations for revisions to 

4 the management plan; and 

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

6 of any proposed revision of the management 

7 plan from the management entity, approve or 

8 disapprove the proposed revision. 

9 (e) IMPLEMENTATION.—On approval of the manage10 ment plan as provided in subsection (d)(1), the manage11 ment entity, in conjunction with the Secretary, shall take 

12 appropriate steps to implement the management plan. 

13 (f) AMENDMENTS.— 

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

15 each amendment to the management plan that the 

16 Secretary determines may make a substantial 

17 change to the management plan. 

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

19 under this Act shall not be expended to implement 

20 an amendment described in paragraph (1) until the 

21 Secretary approves the amendment. 

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

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

24 purposes of preparing and implementing the management 

25 plan, use funds made available under this Act to— 
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1 (1) make grants to, and enter into cooperative 

2 agreements with, a State (including a political sub3 division), an Indian tribe, a private organization, or 

4 any person; and 

5 (2) hire and compensate staff. 

6 (b) DUTIES.—In addition to developing the manage7 ment plan, the management entity shall— 

8 (1) give priority to implementing the memo9 randum of understanding and the management plan, 

10 including taking steps to— 

11 (A) assist units of government, regional 

12 planning organizations, and nonprofit organiza13 tions in— 

14 (i) establishing and maintaining inter15 pretive exhibits along the Heritage Route; 

16 (ii) developing recreational resources 

17 along the Heritage Route; 

18 (iii) increasing public awareness of 

19 and appreciation for the archaeological, 

20 historical, cultural, natural, scenic, and 

21 recreational resources and sites along the 

22 Heritage Route; and 

23 (iv) if requested by the owner, restor24 ing, stabilizing, or rehabilitating any pri-
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1 vate, public, or tribal historical building re2 lating to the themes of the Heritage Route; 

3 (B) encourage economic viability and diver4 sity along the Heritage Route in accordance 

5 with the objectives of the management plan; 

6 and 

7 (C) encourage the installation of clear, 

8 consistent, and environmentally appropriate 

9 signage identifying access points and sites of in10 terest along the Heritage Route; 

11 (2) consider the interests of diverse govern12 mental, business, and nonprofit groups associated 

13 with the Heritage Route; 

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

15 Heritage Route at least semiannually regarding the 

16 implementation of the management plan; 

17 (4) submit substantial amendments (including 

18 any increase of more than 20 percent in the cost es19 timates for implementation) to the management plan 

20 to the Secretary for approval by the Secretary; and 

21 (5) for any year for which Federal funds are re22 ceived under this Act— 

23 (A) submit to the Secretary a report that 

24 describes, for the year— 
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1 (i) the accomplishments of the man2 agement entity; 

3 (ii) the expenses and income of the 

4 management entity; and 

5 (iii) each entity to which any loan or 

6 grant was made; 

7 (B) make available for audit all records 

8 pertaining to the expenditure of the funds and 

9 any matching funds; and 

10 (C) require, for all agreements authorizing 

11 the expenditure of Federal funds by any entity, 

12 that the receiving entity make available for 

13 audit all records pertaining to the expenditure 

14 of the funds. 

15 (c) PROHIBITION ON THE ACQUISITION OF REAL

16 PROPERTY.—The management entity shall not use Fed17 eral funds made available under this Act to acquire real 

18 property or any interest in real property. 

19 (d) PROHIBITION ON THE REGULATION OF LAND

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

21 within the Heritage Route. 

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

23 (a) TECHNICAL AND FINANCIAL ASSISTANCE.— 

24 (1) IN GENERAL.—The Secretary may, on re25 quest of the management entity, provide technical 
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1 and financial assistance to develop and implement 

2 the management plan and memorandum of under3 standing. 

4 (2) PRIORITY FOR ASSISTANCE.—In providing 

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

6 on request of the management entity, give priority 

7 to actions that assist in— 

8 (A) conserving the significant archae9 ological, historical, cultural, natural, scenic, and 

10 recreational resources of the Heritage Route; 

11 and 

12 (B) providing education, interpretive, and 

13 recreational opportunities, and other uses con14 sistent with those resources. 

15 (b) APPLICATION OF FEDERAL LAW.—The establish16 ment of the Heritage Route shall have no effect on the 

17 application of any Federal law to any property within the 

18 Heritage Route. 

19 SEC. 9. LAND USE REGULATION; APPLICABILITY OF FED20 ERAL LAW. 

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

22 (1) modifies, enlarges, or diminishes any au23 thority of the Federal, State, tribal, or local govern24 ment to regulate by law (including by regulation) 

25 any use of land; or 
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1 (2) grants any power of zoning or land use to 

2 the management entity. 

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

4 this Act— 

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

6 of the designation of the Heritage Route, any regu7 lation that is not applicable to the area within the 

8 Heritage Route as of the date of enactment of this 

9 Act; or 

10 (2) authorizes any agency to promulgate a reg11 ulation that applies to the Heritage Route solely as 

12 a result of the designation of the Heritage Route 

13 under this Act. 

14 SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 

15 (a) IN GENERAL.—There is authorized to be appro16 priated to carry out this Act $10,000,000, of which not 

17 more than $1,000,000 may be made available for any fis18 cal year. 

19 (b) COST SHARING.— 

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

21 the cost of any activity assisted under this Act shall 

22 not exceed 50 percent. 

23 (2) FORM OF NON-FEDERAL SHARE.—The non24 Federal share may be in the form of in-kind con-
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1 tributions, donations, grants, and loans from individ2 uals and State or local governments or agencies. 

3 SEC. 11. TERMINATION OF AUTHORITY. 

4 The authority of the Secretary to provide assistance 

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

6 after the date of enactment of this Act. 
Calendar No. 13 

109TH CONGRESS 

1ST SESSION S. 249 

[Report No. 109-6] 

A BILL

To establish the Great Basin National Heritage 

Route in the States of Nevada and Utah. 

FEBRUARY 16, 2005 

Reported without amendment