II 

109TH CONGRESS 

1ST SESSION S. 163 

To establish the National Mormon Pioneer Heritage Area in the State of 

Utah, and for other purposes. 

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 

A BILL

To establish the National Mormon Pioneer Heritage Area 

in the State of Utah, and for other purposes.

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 ‘‘National Mormon Pio5 neer Heritage Area Act’’. 

6 SEC. 2. FINDINGS AND PURPOSE. 

7 (a) FINDINGS.—Congress finds that— 

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

9 legacies of Mormon colonization and settlement are 

10 nationally significant; 
2

•S 163 IS

1 (2) in the area starting along the Highway 89 

2 corridor at the Arizona border, passing through 

3 Kane, Garfield, Piute, Sevier, Wayne, and Sanpete 

4 Counties in the State of Utah, and terminating in 

5 Fairview, Utah, there are a variety of heritage re6 sources that demonstrate— 

7 (A) the colonization of the western United 

8 States; and 

9 (B) the expansion of the United States as 

10 a major world power; 

11 (3) the great relocation to the western United 

12 States was facilitated by— 

13 (A) the 1,400 mile trek from Illinois to the 

14 Great Salt Lake by the Mormon pioneers; and 

15 (B) the subsequent colonization effort in 

16 Nevada, Utah, the southeast corner of Idaho, 

17 the southwest corner of Wyoming, large areas 

18 of southeastern Oregon, much of southern Cali19 fornia, and areas along the eastern border of 

20 California; 

21 (4) the 250-mile Highway 89 corridor from 

22 Kanab to Fairview, Utah, contains some of the best 

23 features of the Mormon colonization experience in 

24 the United States; 
3

•S 163 IS

1 (5) the landscape, architecture, traditions, be2 liefs, folk life, products, and events along Highway 

3 89 convey the heritage of the pioneer settlement; 

4 (6) the Boulder Loop, Capitol Reef National 

5 Park, Zion National Park, Bryce Canyon National 

6 Park, and the Highway 89 area convey the compel7 ling story of how early settlers— 

8 (A) interacted with Native Americans; and 

9 (B) established towns and cities in a 

10 harsh, yet spectacular, natural environment; 

11 (7) the colonization and settlement of the Mor12 mon settlers opened up vast amounts of natural re13 sources, including coal, uranium, silver, gold, and 

14 copper; 

15 (8) the Mormon colonization played a signifi16 cant role in the history and progress of the develop17 ment and settlement of the western United States; 

18 and 

19 (9) the artisans, crafters, innkeepers, outfitters, 

20 historic landscape, customs, national parks, and ar21 chitecture in the Heritage Area make the Heritage 

22 Area unique. 

23 (b) PURPOSE.—The purpose of this Act is to estab24 lish the Heritage Area to— 
4

•S 163 IS

1 (1) foster a close working relationship with all 

2 levels of government, the private sector, residents, 

3 business interests, and local communities in the 

4 State; 

5 (2) empower communities in the State to con6 serve, preserve, and enhance the heritage of the 

7 communities while strengthening future economic 

8 opportunities; 

9 (3) conserve, interpret, and develop the histor10 ical, cultural, natural, and recreational resources 

11 within the Heritage Area; and 

12 (4) expand, foster, and develop heritage busi13 nesses and products relating to the cultural heritage 

14 of the Heritage Area. 

15 SEC. 3. DEFINITIONS. 

16 In this Act: 

17 (1) ALLIANCE.—The term ‘‘Alliance’’ means 

18 the Utah Heritage Highway 89 Alliance. 

19 (2) BOARD.—The term ‘‘Board’’ means the 

20 Board of Directors of the Alliance. 

21 (3) HERITAGE AREA.—The term ‘‘Heritage 

22 Area’’ means the National Mormon Pioneer Herit23 age Area established by section 4(a). 
5

•S 163 IS

1 (4) MANAGEMENT PLAN.—The term ‘‘manage2 ment plan’’ means the plan developed by the Board 

3 under section 6(a). 

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

5 the Secretary of the Interior. 

6 (6) STATE.—The term ‘‘State’’ means the State 

7 of Utah. 

8 SEC. 4. NATIONAL MORMON PIONEER HERITAGE AREA. 

9 (a) ESTABLISHMENT.—There is established the Na10 tional Mormon Pioneer Heritage Area. 

11 (b) BOUNDARIES.— 

12 (1) IN GENERAL.—The boundaries of the Herit13 age Area shall include areas in the State that are— 

14 (A) related to the corridors— 

15 (i) from the Arizona border northward 

16 through Kanab, Utah, and to the intersec17 tion of Highway 89 and Highway 12, in18 cluding Highway 12 and Highway 24 as 

19 those highways loop off Highway 89 and 

20 rejoin Highway 89 at Sigurd; 

21 (ii) from Highway 89 at the intersec22 tion of Highway 12 through Panguitch, 

23 Junction, Marysvale, and Sevier County to 

24 Sigurd; 
6

•S 163 IS

1 (iii) continuing northward along High2 way 89 through Axtell and Sterling, 

3 Sanpete County, to Fairview, Sanpete 

4 County, at the junction with Utah High5 way 31; and 

6 (iv) continuing northward along High7 way 89 through Fairview and Thistle 

8 Junction, to the junction with Highway 6; 

9 and 

10 (B) located in the following communities: 

11 Kanab, Mt. Carmel, Orderville, Glendale, Alton, 

12 Cannonville, Tropic, Henrieville, Escalante, 

13 Boulder, Teasdale, Fruita, Hanksville, Torrey, 

14 Bicknell, Loa, Hatch, Panquitch, Circleville, 

15 Antimony, Junction, Marysvale, Koosharem, 

16 Sevier, Joseph, Monroe, Elsinore, Richfield, 

17 Glenwood, Sigurd, Aurora, Salina, Mayfield, 

18 Sterling, Gunnison, Fayette, Manti, Ephraim, 

19 Spring City, Mt. Pleasant, Moroni, Fountain 

20 Green, and Fairview. 

21 (2) MAP.—The Secretary shall prepare a map 

22 of the Heritage Area, which shall be on file and 

23 available for public inspection in the office of the Di24 rector of the National Park Service. 
7

•S 163 IS

1 (3) NOTICE TO LOCAL GOVERNMENTS.—The 

2 Alliance shall provide to the government of each city, 

3 town, and county that has jurisdiction over property 

4 proposed to be included in the Heritage Area written 

5 notice of the proposed inclusion. 

6 (c) ADMINISTRATION.—The Heritage Area shall be 

7 administered in accordance with this Act. 

8 SEC. 5. DESIGNATION OF ALLIANCE AS MANAGEMENT EN9 TITY. 

10 (a) IN GENERAL.—The Alliance shall be the manage11 ment entity for the Heritage Area. 

12 (b) FEDERAL FUNDING.— 

13 (1) AUTHORIZATION TO RECEIVE FUNDS.—The 

14 Alliance may receive amounts made available to 

15 carry out this Act. 

16 (2) DISQUALIFICATION.—If a management plan 

17 is not submitted to the Secretary as required under 

18 section 6 within the time period specified in that sec19 tion, the Alliance may not receive Federal funding 

20 under this Act until a management plan is sub21 mitted to the Secretary. 

22 (c) USE OF FEDERAL FUNDS.—The Alliance may, 

23 for the purposes of developing and implementing the man24 agement plan, use Federal funds made available under 

25 this Act— 
8

•S 163 IS

1 (1) to make grants and loans to the State, po2 litical subdivisions of the State, nonprofit organiza3 tions, and other persons; 

4 (2) to enter into cooperative agreements with or 

5 provide technical assistance to the State, political 

6 subdivisions of the State, nonprofit organizations, 

7 and other organizations; 

8 (3) to hire and compensate staff; 

9 (4) to obtain funds from any source under any 

10 program or law requiring the recipient of funds to 

11 make a contribution in order to receive the funds; 

12 and 

13 (5) to contract for goods and services. 

14 (d) PROHIBITION OF ACQUISITION OF REAL PROP15 ERTY.—The Alliance may not use Federal funds received 

16 under this Act to acquire real property or any interest in 

17 real property. 

18 SEC. 6. MANAGEMENT OF THE HERITAGE AREA. 

19 (a) HERITAGE AREA MANAGEMENT PLAN.— 

20 (1) DEVELOPMENT AND SUBMISSION FOR RE21 VIEW.—Not later than 3 years after the date of en22 actment of this Act, the Board, with public partici23 pation, shall develop and submit for review to the 

24 Secretary a management plan for the Heritage Area. 

25 (2) CONTENTS.—The management plan shall— 
9

•S 163 IS

1 (A) present comprehensive recommenda2 tions for the conservation, funding, manage3 ment, and development of the Heritage Area; 

4 (B) take into consideration Federal, State, 

5 county, and local plans in effect on the date of 

6 enactment of this Act; 

7 (C) involve residents, public agencies, and 

8 private organizations in the Heritage Area; 

9 (D) include a description of actions that 

10 units of government and private organizations 

11 are recommended to take to protect the re12 sources of the Heritage Area; 

13 (E) specify existing and potential sources 

14 of Federal and non-Federal funding for the 

15 conservation, management, and development of 

16 the Heritage Area; and 

17 (F) include— 

18 (i) an inventory of resources in the 

19 Heritage Area that— 

20 (I) includes a list of property in 

21 the Heritage Area that should be con22 served, restored, managed, developed, 

23 or maintained because of the histor24 ical, cultural, or natural significance 

25 of the property as the property relates 
10

•S 163 IS

1 to the themes of the Heritage Area; 

2 and 

3 (II) does not include any prop4 erty that is privately owned unless the 

5 owner of the property consents in 

6 writing to the inclusion; 

7 (ii) a recommendation of policies for 

8 resource management that consider the ap9 plication of appropriate land and water 

10 management techniques, including policies 

11 for the development of intergovernmental 

12 cooperative agreements to manage the his13 torical, cultural, and natural resources and 

14 recreational opportunities of the Heritage 

15 Area in a manner that is consistent with 

16 the support of appropriate and compatible 

17 economic viability; 

18 (iii) a program for implementation of 

19 the management plan, including plans for 

20 restoration and construction; 

21 (iv) a description of any commitments 

22 that have been made by persons interested 

23 in management of the Heritage Area; 

24 (v) an analysis of means by which 

25 Federal, State, and local programs may 
11

•S 163 IS

1 best be coordinated to promote the pur2 poses of this Act; and 

3 (vi) an interpretive plan for the Herit4 age Area. 

5 (3) APPROVAL OR DISAPPROVAL OF THE MAN6 AGEMENT PLAN.— 

7 (A) IN GENERAL.—Not later than 180 

8 days after submission of the management plan 

9 by the Board, the Secretary shall approve or 

10 disapprove the management plan. 

11 (B) DISAPPROVAL AND REVISIONS.— 

12 (i) IN GENERAL.—If the Secretary 

13 disapproves the management plan, the Sec14 retary shall— 

15 (I) advise the Board, in writing, 

16 of the reasons for the disapproval; and 

17 (II) make recommendations for 

18 revision of the management plan. 

19 (ii) APPROVAL OR DISAPPROVAL.—

20 The Secretary shall approve or disapprove 

21 proposed revisions to the management plan 

22 not later than 60 days after receipt of the 

23 revisions from the Board. 
12

•S 163 IS

1 (b) PRIORITIES.—The Alliance shall give priority to 

2 the implementation of actions, goals, and policies set forth 

3 in the management plan, including— 

4 (1) assisting units of government, regional plan5 ning organizations, and nonprofit organizations in— 

6 (A) conserving the historical, cultural, and 

7 natural resources of the Heritage Area; 

8 (B) establishing and maintaining interpre9 tive exhibits in the Heritage Area; 

10 (C) developing recreational opportunities in 

11 the Heritage Area; 

12 (D) increasing public awareness of and ap13 preciation for the historical, cultural, and nat14 ural resources of the Heritage Area; 

15 (E) restoring historic buildings that are— 

16 (i) located within the boundaries of 

17 the Heritage Area; and 

18 (ii) related to the theme of the Herit19 age Area; and 

20 (F) ensuring that clear, consistent, and en21 vironmentally appropriate signs identifying ac22 cess points and sites of interest are put in place 

23 throughout the Heritage Area; and 

24 (2) consistent with the goals of the manage25 ment plan, encouraging economic viability in the af-
13

•S 163 IS

1 fected communities by appropriate means, including 

2 encouraging and soliciting the development of herit3 age products. 

4 (c) CONSIDERATION OF INTERESTS OF LOCAL

5 GROUPS.—In developing and implementing the manage6 ment plan, the Board shall consider the interests of di7 verse units of government, businesses, private property 

8 owners, and nonprofit organizations in the Heritage Area. 

9 (d) PUBLIC MEETINGS.—The Board shall conduct 

10 public meetings at least annually regarding the implemen11 tation of the management plan. 

12 (e) ANNUAL REPORTS.—For any fiscal year in which 

13 the Alliance receives Federal funds under this Act or in 

14 which a loan made by the Alliance with Federal funds 

15 under section 5(c)(1) is outstanding, the Alliance shall 

16 submit to the Secretary an annual report that describes— 

17 (1) the accomplishments of the Alliance; 

18 (2) the expenses and income of the Alliance; 

19 and 

20 (3) the entities to which the Alliance made any 

21 loans or grants during the year for which the report 

22 is made. 

23 (f) COOPERATION WITH AUDITS.—For any fiscal 

24 year in which the Alliance receives Federal funds under 

25 this Act or in which a loan made by the Alliance with Fed-
14

•S 163 IS

1 eral funds under section 5(c)(1) is outstanding, the Alli2 ance shall— 

3 (1) make available for audit by Congress, the 

4 Secretary, and appropriate units of government all 

5 records and other information relating to the ex6 penditure of the Federal funds and any matching 

7 funds; and 

8 (2) require, with respect to all agreements au9 thorizing expenditure of the Federal funds by other 

10 organizations, that the receiving organizations make 

11 available for audit all records and other information 

12 relating to the expenditure of the Federal funds. 

13 (g) DELEGATION.— 

14 (1) IN GENERAL.—The Alliance may delegate 

15 the responsibilities and actions under this section for 

16 each area identified in section 4(b)(1). 

17 (2) REVIEW.—All delegated responsibilities and 

18 actions are subject to review and approval by the Al19 liance. 

20 SEC. 7. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES. 

21 (a) TECHNICAL ASSISTANCE AND GRANTS.— 

22 (1) IN GENERAL.—The Secretary may provide 

23 technical assistance and, subject to the availability 

24 of appropriations, grants to— 
15

•S 163 IS

1 (A) units of government, nonprofit organi2 zations, and other persons, at the request of the 

3 Alliance; and 

4 (B) the Alliance, for use in developing and 

5 implementing the management plan. 

6 (2) PROHIBITION OF CERTAIN REQUIRE7 MENTS.—The Secretary may not, as a condition of 

8 the award of technical assistance or grants under 

9 this section, require any recipient of the technical 

10 assistance or a grant to enact or modify any land 

11 use restriction. 

12 (3) DETERMINATIONS REGARDING ASSIST13 ANCE.—The Secretary shall determine whether a 

14 unit of government, nonprofit organization, or other 

15 person shall be awarded technical assistance or 

16 grants and the amount of technical assistance— 

17 (A) based on the extent to which the as18 sistance— 

19 (i) fulfills the objectives of the man20 agement plan; and 

21 (ii) achieves the purposes of this Act; 

22 and 

23 (B) after giving special consideration to 

24 projects that provide a greater leverage of Fed25 eral funds. 
16

•S 163 IS

1 (b) PROVISION OF INFORMATION.—In cooperation 

2 with other Federal agencies, the Secretary shall provide 

3 the public with information concerning the location and 

4 character of the Heritage Area. 

5 (c) OTHER ASSISTANCE.—The Secretary may enter 

6 into cooperative agreements with public and private orga7 nizations for the purposes of implementing this section. 

8 (d) DUTIES OF OTHER FEDERAL AGENCIES.—A 

9 Federal entity conducting any activity directly affecting 

10 the Heritage Area shall— 

11 (1) consider the potential effect of the activity 

12 on the management plan; and 

13 (2) consult with the Alliance with respect to the 

14 activity to minimize the adverse effects of the activ15 ity on the Heritage Area. 

16 SEC. 8. NO EFFECT ON LAND USE AUTHORITY AND PRI17 VATE PROPERTY. 

18 (a) NO EFFECT ON LAND USE AUTHORITY.—Noth19 ing in this Act modifies, enlarges, or diminishes any au20 thority of Federal, State, or local government to regulate 

21 any use of land under any other law (including regula22 tions). 

23 (b) NO ZONING OR LAND USE POWERS.—Nothing 

24 in this Act grants powers of zoning or land use control 

25 to the Alliance. 
17

•S 163 IS

1 (c) LOCAL AUTHORITY AND PRIVATE PROPERTY

2 NOT AFFECTED.—Nothing in this Act affects or author3 izes the Alliance to interfere with— 

4 (1) the right of any person with respect to pri5 vate property; or 

6 (2) any local zoning ordinance or land use plan 

7 of the State or a political subdivision of the State. 

8 SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 

9 (a) IN GENERAL.—There is authorized to be appro10 priated to carry out this Act $10,000,000, of which not 

11 more than $1,000,000 may be made available for any fis12 cal year. 

13 (b) FEDERAL SHARE.—The Federal share of the cost 

14 of any activity carried out using funds made available 

15 under this Act shall not exceed 50 percent. 

16 SEC. 10. 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.

Æ