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[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 249 Reported in Senate (RS)]

                                                        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.

    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.
                                                        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
```