II 

Calendar No. 9 

109TH CONGRESS 

1ST SESSION S. 163 

[Report No. 109-2] 

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 

FEBRUARY 16, 2005 

Reported by Mr. DOMENICI, with amendments and an amendment to the title 

[Omit the part struck through and insert the part printed in italic] 

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 Mormon Pioneer National Heritage Area Act’’. 
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1 SEC. 2. FINDINGS AND PURPOSE. 

2 (a) FINDINGS.—Congress finds that— 

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

4 legacies of Mormon colonization and settlement are 

5 nationally significant; 

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

7 corridor at the Arizona border, passing through 

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

9 Counties in the State of Utah, and terminating in 

10 Fairview, Utah, there are a variety of heritage re11 sources that demonstrate— 

12 (A) the colonization of the western United 

13 States; and 

14 (B) the expansion of the United States as 

15 a major world power; 

16 (3) the great relocation to the western United 

17 States was facilitated by— 

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

19 Great Salt Lake by the Mormon pioneers; and 

20 (B) the subsequent colonization effort in 

21 Nevada, Utah, the southeast corner of Idaho, 

22 the southwest corner of Wyoming, large areas 

23 of southeastern Oregon, much of southern Cali24 fornia, and areas along the eastern border of 

25 California; 
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1 (4) the 250-mile Highway 89 corridor from 

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

3 features of the Mormon colonization experience in 

4 the United States; 

5 (5) the landscape, architecture, traditions, be6 liefs, folk life, products, and events along Highway 

7 89 convey the heritage of the pioneer settlement; 

8 (6) the Boulder Loop, Capitol Reef National 

9 Park, Zion National Park, Bryce Canyon National 

10 Park, and the Highway 89 area convey the compel11 ling story of how early settlers— 

12 (A) interacted with Native Americans; and 

13 (B) established towns and cities in a 

14 harsh, yet spectacular, natural environment; 

15 (7) the colonization and settlement of the Mor16 mon settlers opened up vast amounts of natural re17 sources, including coal, uranium, silver, gold, and 

18 copper; 

19 (8) the Mormon colonization played a signifi20 cant role in the history and progress of the develop21 ment and settlement of the western United States; 

22 and 

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

24 historic landscape, customs, national parks, and ar-
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1 chitecture in the Heritage Area make the Heritage 

2 Area unique. 

3 (b) PURPOSE.—The purpose of this Act is to estab4 lish the Heritage Area to— 

5 (1) foster a close working relationship with all 

6 levels of government, the private sector, residents, 

7 business interests, and local communities in the 

8 State; 

9 (2) empower communities in the State to con10 serve, preserve, and enhance the heritage of the 

11 communities while strengthening future economic 

12 opportunities; 

13 (3) conserve, interpret, and develop the histor14 ical, cultural, natural, and recreational resources 

15 within the Heritage Area; and 

16 (4) expand, foster, and develop heritage busi17 nesses and products relating to the cultural heritage 

18 of the Heritage Area. 

19 SEC. 3. DEFINITIONS. 

20 In this Act: 

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

22 the Utah Heritage Highway 89 Alliance. 

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

24 Board of Directors of the Alliance. 
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1 (3) HERITAGE AREA.—The term ‘‘Heritage 

2 Area’’ means the National Mormon Pioneer Mormon 

3 Pioneer National Heritage Area established by sec4 tion 4(a). 

5 (4) MANAGEMENT PLAN.—The term ‘‘manage6 ment plan’’ means the plan developed by the Board 

7 under section 6(a). 

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

9 the Secretary of the Interior. 

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

11 of Utah. 

12 SEC. 4. NATIONAL MORMON PIONEER MORMON PIONEER 

13 NATIONAL HERITAGE AREA. 

14 (a) ESTABLISHMENT.—There is established the Na15 tional Mormon Pioneer Mormon Pioneer National Herit16 age Area. 

17 (b) BOUNDARIES.— 

18 (1) IN GENERAL.—The boundaries of the Herit19 age Area shall include areas in the State that are— 

20 (A) that are related to the corridors— 

21 (i) from the Arizona border northward 

22 through Kanab, Utah, and to the intersec23 tion of Highway 89 and Highway 12, in24 cluding Highway 12 and Highway 24 as 
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1 those highways loop off Highway 89 and 

2 rejoin Highway 89 at Sigurd; 

3 (ii) from Highway 89 at the intersec4 tion of Highway 12 through Panguitch, 

5 Junction, Marysvale, and Sevier County to 

6 Sigurd; 

7 (iii) continuing northward along High8 way 89 through Axtell and Sterling, 

9 Sanpete County, to Fairview, Sanpete 

10 County, at the junction with Utah High11 way 31; and 

12 (iv) continuing northward along High13 way 89 through Fairview and Thistle 

14 Junction, to the junction with Highway 6; 

15 and 

16 (B) located in including the following com17 munities: Kanab, Mt. Carmel, Orderville, Glen18 dale, Alton, Cannonville, Tropic, Henrieville, 

19 Escalante, Boulder, Teasdale, Fruita, 

20 Hanksville, Torrey, Bicknell, Loa, Hatch, 

21 Panquitch, Circleville, Antimony, Junction, 

22 Marysvale, Koosharem, Sevier, Joseph, Monroe, 

23 Elsinore, Richfield, Glenwood, Sigurd, Aurora, 

24 Salina, Mayfield, Sterling, Gunnison, Fayette, 
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1 Manti, Ephraim, Spring City, Mt. Pleasant, 

2 Moroni, Fountain Green, and Fairview. 

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

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

5 available for public inspection in the office of the Di6 rector of the National Park Service. 

7 (3) NOTICE TO LOCAL GOVERNMENTS.—The 

8 Alliance shall provide to the government of each city, 

9 town, and county that has jurisdiction over property 

10 proposed to be included in the Heritage Area written 

11 notice of the proposed inclusion. 

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

13 administered in accordance with this Act. 

14 SEC. 5. DESIGNATION OF ALLIANCE AS MANAGEMENT EN15 TITY. 

16 (a) IN GENERAL.—The Alliance shall be the manage17 ment entity for the Heritage Area. 

18 (b) FEDERAL FUNDING.— 

19 (1) AUTHORIZATION TO RECEIVE FUNDS.—The 

20 Alliance may receive amounts made available to 

21 carry out this Act. 

22 (2) DISQUALIFICATION.—If a management plan 

23 is not submitted to the Secretary as required under 

24 section 6 within the time period specified in that sec25 tion, the Alliance may not receive Federal funding 
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1 under this Act until a management plan is sub2 mitted to the Secretary. 

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

4 for the purposes of developing and implementing the man5 agement plan, use Federal funds made available under 

6 this Act— 

7 (1) to make grants and loans to the State, po8 litical subdivisions of the State, nonprofit organiza9 tions, and other persons; 

10 (2) to enter into cooperative agreements with or 

11 provide technical assistance to the State, political 

12 subdivisions of the State, nonprofit organizations, 

13 and other organizations; 

14 (3) to hire and compensate staff; 

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

16 program or law requiring the recipient of funds to 

17 make a contribution in order to receive the funds; 

18 and 

19 (5) to contract for goods and services. 

20 (d) PROHIBITION OF ACQUISITION OF REAL PROP21 ERTY.—The Alliance may not use Federal funds received 

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

23 real property. 

24 SEC. 6. MANAGEMENT OF THE HERITAGE AREA. 

25 (a) HERITAGE AREA MANAGEMENT PLAN.— 
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1 (1) DEVELOPMENT AND SUBMISSION FOR RE2 VIEW.—Not later than 3 years after the date of en3 actment of this Act, the Board, with public partici4 pation, shall develop and submit for review to the 

5 Secretary a management plan for the Heritage Area. 

6 (2) CONTENTS.—The management plan shall— 

7 (A) present comprehensive recommenda8 tions for the conservation, funding, manage9 ment, and development of the Heritage Area; 

10 (B) take into consideration Federal, State, 

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

12 enactment of this Act; 

13 (C) involve residents, public agencies, and 

14 private organizations in the Heritage Area; 

15 (D) include a description of actions that 

16 units of government and private organizations 

17 are recommended to take to protect the re18 sources of the Heritage Area; 

19 (E) specify existing and potential sources 

20 of Federal and non-Federal funding for the 

21 conservation, management, and development of 

22 the Heritage Area; and 

23 (F) include— 

24 (i) an inventory of resources in the 

25 Heritage Area that— 
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1 (I) includes a list of property in 

2 the Heritage Area that should be con3 served, restored, managed, developed, 

4 or maintained because of the histor5 ical, cultural, or natural significance 

6 of the property as the property relates 

7 to the themes of the Heritage Area; 

8 and 

9 (II) does not include any prop10 erty that is privately owned unless the 

11 owner of the property consents in 

12 writing to the inclusion; 

13 (ii) a recommendation of policies for 

14 resource management that consider the ap15 plication of appropriate land and water 

16 management techniques, including policies 

17 for the development of intergovernmental 

18 cooperative agreements to manage the his19 torical, cultural, and natural resources and 

20 recreational opportunities of the Heritage 

21 Area in a manner that is consistent with 

22 the support of appropriate and compatible 

23 economic viability; 
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1 (iii) a program for implementation of 

2 the management plan, including plans for 

3 restoration and construction; 

4 (iv) a description of any commitments 

5 that have been made by persons interested 

6 in management of the Heritage Area; 

7 (v) an analysis of means by which 

8 Federal, State, and local programs may 

9 best be coordinated to promote the pur10 poses of this Act; and 

11 (vi) an interpretive plan for the Herit12 age Area. 

13 (3) APPROVAL OR DISAPPROVAL OF THE MAN14 AGEMENT PLAN.— 

15 (A) IN GENERAL.—Not later than 180 

16 days after submission of the management plan 

17 by the Board, the Secretary shall approve or 

18 disapprove the management plan. 

19 (B) DISAPPROVAL AND REVISIONS.— 

20 (i) IN GENERAL.—If the Secretary 

21 disapproves the management plan, the Sec22 retary shall— 

23 (I) advise the Board, in writing, 

24 of the reasons for the disapproval; and 
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1 (II) make recommendations for 

2 revision of the management plan. 

3 (ii) APPROVAL OR DISAPPROVAL.—

4 The Secretary shall approve or disapprove 

5 proposed revisions to the management plan 

6 not later than 60 days after receipt of the 

7 revisions from the Board. 

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

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

10 in the management plan, including— 

11 (1) assisting units of government, regional plan12 ning organizations, and nonprofit organizations in— 

13 (A) conserving the historical, cultural, and 

14 natural resources of the Heritage Area; 

15 (B) establishing and maintaining interpre16 tive exhibits in the Heritage Area; 

17 (C) developing recreational opportunities in 

18 the Heritage Area; 

19 (D) increasing public awareness of and ap20 preciation for the historical, cultural, and nat21 ural resources of the Heritage Area; 

22 (E) restoring historic buildings that are— 

23 (i) located within the boundaries of 

24 the Heritage Area; and 
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1 (ii) related to the theme of the Herit2 age Area; and 

3 (F) ensuring that clear, consistent, and en4 vironmentally appropriate signs identifying ac5 cess points and sites of interest are put in place 

6 throughout the Heritage Area; and 

7 (2) consistent with the goals of the manage8 ment plan, encouraging economic viability in the af9 fected communities by appropriate means, including 

10 encouraging and soliciting the development of herit11 age products. 

12 (c) CONSIDERATION OF INTERESTS OF LOCAL

13 GROUPS.—In developing and implementing the manage14 ment plan, the Board shall consider the interests of di15 verse units of government, businesses, private property 

16 owners, and nonprofit organizations in the Heritage Area. 

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

18 public meetings at least annually regarding the implemen19 tation of the management plan. 

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

21 the Alliance receives Federal funds under this Act or in 

22 which a loan made by the Alliance with Federal funds 

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

24 submit to the Secretary an annual report that describes— 

25 (1) the accomplishments of the Alliance; 
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1 (2) the expenses and income of the Alliance; 

2 and 

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

4 loans or grants during the year for which the report 

5 is made. 

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

7 year in which the Alliance receives Federal funds under 

8 this Act or in which a loan made by the Alliance with Fed9 eral funds under section 5(c)(1) is outstanding, the Alli10 ance shall— 

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

12 Secretary, and appropriate units of government all 

13 records and other information relating to the ex14 penditure of the Federal funds and any matching 

15 funds; and 

16 (2) require, with respect to all agreements au17 thorizing expenditure of the Federal funds by other 

18 organizations, that the receiving organizations make 

19 available for audit all records and other information 

20 relating to the expenditure of the Federal funds. 

21 (g) DELEGATION.— 

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

23 the responsibilities and actions under this section for 

24 each area identified in section 4(b)(1). 
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1 (2) REVIEW.—All delegated responsibilities and 

2 actions are subject to review and approval by the Al3 liance. 

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

5 (a) TECHNICAL ASSISTANCE AND GRANTS.— 

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

7 technical assistance and, subject to the availability 

8 of appropriations, grants to— 

9 (A) units of government, nonprofit organi10 zations, and other persons, at the request of the 

11 Alliance; and 

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

13 implementing the management plan. 

14 (2) PROHIBITION OF CERTAIN REQUIRE15 MENTS.—The Secretary may not, as a condition of 

16 the award of technical assistance or grants under 

17 this section, require any recipient of the technical 

18 assistance or a grant to enact or modify any land 

19 use restriction. 

20 (3) DETERMINATIONS REGARDING ASSIST21 ANCE.—The Secretary shall determine whether a 

22 unit of government, nonprofit organization, or other 

23 person shall be awarded technical assistance or 

24 grants and the amount of technical assistance— 
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1 (A) based on the extent to which the as2 sistance— 

3 (i) fulfills the objectives of the man4 agement plan; and 

5 (ii) achieves the purposes of this Act; 

6 and 

7 (B) after giving special consideration to 

8 projects that provide a greater leverage of Fed9 eral funds. 

10 (b) PROVISION OF INFORMATION.—In cooperation 

11 with other Federal agencies, the Secretary shall provide 

12 the public with information concerning the location and 

13 character of the Heritage Area. 

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

15 into cooperative agreements with public and private orga16 nizations for the purposes of implementing this section. 

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

18 Federal entity conducting any activity directly affecting 

19 the Heritage Area shall— 

20 (1) consider the potential effect of the activity 

21 on the management plan; and 

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

23 activity to minimize the adverse effects of the activ24 ity on the Heritage Area. 
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1 SEC. 8. NO EFFECT ON LAND USE AUTHORITY AND PRI2 VATE PROPERTY. 

3 (a) NO EFFECT ON LAND USE AUTHORITY.—Noth4 ing in this Act modifies, enlarges, or diminishes any au5 thority of Federal, State, or local government to regulate 

6 any use of land under any other law (including regula7 tions). 

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

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

10 to the Alliance. 

11 (c) LOCAL AUTHORITY AND PRIVATE PROPERTY

12 NOT AFFECTED.—Nothing in this Act affects or author13 izes the Alliance to interfere with— 

14 (1) the right of any person with respect to pri15 vate property; or 

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

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

18 SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 

19 (a) IN GENERAL.—There is authorized to be appro20 priated to carry out this Act $10,000,000, of which not 

21 more than $1,000,000 may be made available for any fis22 cal year. 

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

24 of any activity carried out using funds made available 

25 under this Act shall not exceed 50 percent. 
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1 SEC. 10. TERMINATION OF AUTHORITY. 

2 The authority of the Secretary to provide assistance 

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

4 after the date of enactment of this Act. 

Amend the title so as to read: ‘‘A bill to establish 

the Mormon Pioneer National Heritage Area in the State 

of Utah, and for other purposes.’’. 

Calendar No. 9 

109TH CONGRESS 

1ST SESSION S. 163 

[Report No. 109-2] 

A BILL

To establish the National Mormon Pioneer Heritposes. age Area in the State of Utah, and for other purFEBRUARY 16, 2005 

Reported with amendments and an amendment to the 

title