In the House of Representatives, U. S.,

October 24, 2000.

Resolved, That the bill from the Senate (S. 2749) entitled ‘‘An Act to establish the California Trail Interpretive

Center in Elko, Nevada, to facilitate the interpretation of the

history of development and use of trails in the settling of the

western portion of the United States’’, do pass with the following

AMENDMENTS:

Strike out all after the enacting clause and insert:

1 TITLE I—CALIFORNIA TRAIL

2 INTERPRETIVE CENTER

3 SEC. 101. SHORT TITLE.

4 This title may be cited as the ‘‘California Trail Inter5 pretive Act’’.

6 SEC. 102. FINDINGS AND PURPOSES.

7 (a) FINDINGS.—Congress finds that—

8 (1) the nineteenth-century westward movement

9 in the United States over the California National

10 Historic Trail, which occurred from 1840 until the

11 completion of the transcontinental railroad in 1869,

12 was an important cultural and historical event in—
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1 (A) the development of the western land of

2 the United States; and

3 (B) the prevention of colonization of the

4 west coast by Russia and the British Empire;

5 (2) the movement over the California Trail was

6 completed by over 300,000 settlers, many of whom left

7 records or stories of their journeys; and

8 (3) additional recognition and interpretation of

9 the movement over the California Trail is appropriate

10 in light of—

11 (A) the national scope of nineteenth-century

12 westward movement in the United States; and

13 (B) the strong interest expressed by people

14 of the United States in understanding their his15 tory and heritage.

16 (b) PURPOSES.—The purposes of this title are—

17 (1) to recognize the California Trail, including

18 the Hastings Cutoff and the trail of the ill-fated

19 Donner-Reed Party, for its national, historical, and

20 cultural significance; and

21 (2) to provide the public with an interpretive fa22 cility devoted to the vital role of trails in the West in

23 the development of the United States.

24 SEC. 103. DEFINITIONS.

25 In this title:
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1 (1) CALIFORNIA TRAIL.—The term ‘‘California

2 Trail’’ means the California National Historic Trail,

3 established under section 5(a)(18) of the National

4 Trails System Act (16 U.S.C. 1244(a)(18)).

5 (2) CENTER.—The term ‘‘Center’’ means the

6 California Trail Interpretive Center established under

7 section 104(a).

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

9 the Secretary of the Interior, acting through the Di10 rector of the Bureau of Land Management.

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

12 of Nevada.

13 SEC. 104. CALIFORNIA TRAIL INTERPRETIVE CENTER.

14 (a) ESTABLISHMENT.—

15 (1) IN GENERAL.—In furtherance of the purposes

16 of section 7(c) of the National Trails System Act (16

17 U.S.C. 1246(c)), the Secretary may establish an inter18 pretation center to be known as the ‘‘California Trail

19 Interpretive Center’’, near the city of Elko, Nevada.

20 (2) PURPOSE.—The Center shall be established

21 for the purpose of interpreting the history of develop22 ment and use of the California Trail in the settling

23 of the West.

24 (b) MASTER PLAN STUDY.—To carry out subsection

25 (a), the Secretary shall—
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1 (1) consider the findings of the master plan

2 study for the California Trail Interpretive Center in

3 Elko, Nevada, as authorized by page 15 of Senate Re4 port 106–99; and

5 (2) initiate a plan for the development of the

6 Center that includes—

7 (A) a detailed description of the design of

8 the Center;

9 (B) a description of the site on which the

10 Center is to be located;

11 (C) a description of the method and esti12 mated cost of acquisition of the site on which the

13 Center is to be located;

14 (D) the estimated cost of construction of the

15 Center;

16 (E) the cost of operation and maintenance

17 of the Center; and

18 (F) a description of the manner and extent

19 to which non-Federal entities shall participate in

20 the acquisition and construction of the Center.

21 (c) IMPLEMENTATION.—To carry out subsection (a),

22 the Secretary may—

23 (1) acquire land and interests in land for the

24 construction of the Center by—

25 (A) donation;
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1 (B) purchase with donated or appropriated

2 funds; or

3 (C) exchange;

4 (2) provide for local review of and input con5 cerning the development and operation of the Center

6 by the Advisory Board for the National Historic Cali7 fornia Emigrant Trails Interpretive Center of the city

8 of Elko, Nevada;

9 (3) periodically prepare a budget and funding

10 request that allows a Federal agency to carry out the

11 maintenance and operation of the Center;

12 (4) enter into a cooperative agreement with—

13 (A) the State, to provide assistance in—

14 (i) removal of snow from roads;

15 (ii) rescue, firefighting, and law en16 forcement services; and

17 (iii) coordination of activities of near18 by law enforcement and firefighting depart19 ments or agencies; and

20 (B) a Federal, State, or local agency to de21 velop or operate facilities and services to carry

22 out this title; and

23 (5) notwithstanding any other provision of law,

24 accept donations of funds, property, or services from

25 an individual, foundation, corporation, or public en-
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1 tity to provide a service or facility that is consistent

2 with this title, as determined by the Secretary, in3 cluding 1-time contributions for the Center (to be

4 payable during construction funding periods for the

5 Center after the date of enactment of this Act) from—

6 (A) the State, in the amount of $3,000,000;

7 (B) Elko County, Nevada, in the amount of

8 $1,000,000; and

9 (C) the city of Elko, Nevada, in the amount

10 of $2,000,000.

11 SEC. 105. AUTHORIZATION OF APPROPRIATIONS.

12 There is authorized to be appropriated to carry out

13 this title $12,000,000.

14 TITLE II—CONVEYANCE OF NA15 TIONAL FOREST SYSTEM

16 LANDS FOR EDUCATIONAL

17 PURPOSES

18 SEC. 201. SHORT TITLE.

19 This title may be cited as the ‘‘Education Land Grant

20 Act’’.

21 SEC. 202. CONVEYANCE OF NATIONAL FOREST SYSTEM

22 LANDS FOR EDUCATIONAL PURPOSES.

23 (a) AUTHORITY TO CONVEY.—Upon written applica24 tion, the Secretary of Agriculture may convey National For-
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1 est System lands to a public school district for use for edu2 cational purposes if the Secretary determines that—

3 (1) the public school district seeking the convey4 ance will use the conveyed land for a public or pub5 licly funded elementary or secondary school, to pro6 vide grounds or facilities related to such a school, or

7 for both purposes;

8 (2) the conveyance will serve the public interest;

9 (3) the land to be conveyed is not otherwise need10 ed for the purposes of the National Forest System;

11 (4) the total acreage to be conveyed does not ex12 ceed the amount reasonably necessary for the proposed

13 use;

14 (5) the land is to be used for an established or

15 proposed project that is described in detail in the ap16 plication to the Secretary, and the conveyance would

17 serve public objectives (either locally or at large) that

18 outweigh the objectives and values which would be

19 served by maintaining such land in Federal owner20 ship;

21 (6) the applicant is financially and otherwise

22 capable of implementing the proposed project;

23 (7) the land to be conveyed has been identified

24 for disposal in an applicable land and resource man25 agement plan under the Forest and Rangeland Re-
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1 newable Resources Planning Act of 1974 (16 U.S.C.

2 1600 et seq.); and

3 (8) an opportunity for public participation in a

4 disposal under this section has been provided, includ5 ing at least one public hearing or meeting, to provide

6 for public comments.

7 (b) ACREAGE LIMITATION.—A conveyance under this

8 section may not exceed 80 acres. However, this limitation

9 shall not be construed to preclude an entity from submitting

10 a subsequent application under this section for an addi11 tional land conveyance if the entity can demonstrate to the

12 Secretary a need for additional land.

13 (c) COSTS AND MINERAL RIGHTS.—(1) A conveyance

14 under this section shall be for a nominal cost. The convey15 ance may not include the transfer of mineral or water

16 rights.

17 (2) If necessary, the exact acreage and legal description

18 of the real property conveyed under this title shall be deter19 mined by a survey satisfactory to the Secretary and the

20 applicant. The cost of the survey shall be borne by the appli21 cant.

22 (d) REVIEW OF APPLICATIONS.—When the Secretary

23 receives an application under this section, the Secretary

24 shall—
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1 (1) before the end of the 14-day period beginning

2 on the date of the receipt of the application, provide

3 notice of that receipt to the applicant; and

4 (2) before the end of the 120-day period begin5 ning on that date—

6 (A) make a final determination whether or

7 not to convey land pursuant to the application,

8 and notify the applicant of that determination;

9 or

10 (B) submit written notice to the applicant

11 containing the reasons why a final determina12 tion has not been made.

13 (e) REVERSIONARY INTEREST.—If, at any time after

14 lands are conveyed pursuant to this section, the entity to

15 whom the lands were conveyed attempts to transfer title to

16 or control over the lands to another or the lands are devoted

17 to a use other than the use for which the lands were con18 veyed, title to the lands shall revert to the United States.
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1 TITLE III—GOLDEN SPIKE/

2 CROSSROADS OF THE WEST

3 NATIONAL HERITAGE AREA

4 STUDY AREA AND THE CROSS5 ROADS OF THE WEST HIS6 TORIC DISTRICT

7 SEC. 301. AUTHORIZATION OF STUDY.

8 (a) DEFINITIONS.—For the purposes of this section:

9 (1) GOLDEN SPIKE RAIL STUDY.—The term

10 ‘‘Golden Spike Rail Study’’ means the Golden Spike

11 Rail Feasibility Study, Reconnaissance Survey,

12 Ogden, Utah to Golden Spike National Historic

13 Site’’, National Park Service, 1993.

14 (2) SECRETARY.—The term ‘‘Secretary’’ means

15 the Secretary of the Interior.

16 (3) STUDY AREA.—The term ‘‘Study Area’’

17 means the Golden Spike/Crossroads of the West Na18 tional Heritage Area Study Area, the boundaries of

19 which are described in subsection (d).

20 (b) IN GENERAL.—The Secretary shall conduct a study

21 of the Study Area which includes analysis and documenta22 tion necessary to determine whether the Study Area—

23 (1) has an assemblage of natural, historic, and

24 cultural resources that together represent distinctive

25 aspects of American heritage worthy of recognition,
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1 conservation, interpretation, and continuing use, and

2 are best managed through partnerships among public

3 and private entities;

4 (2) reflects traditions, customs, beliefs, and folk5 life that are a valuable part of the national story;

6 (3) provides outstanding opportunities to con7 serve natural, historic, cultural, or scenic features;

8 (4) provides outstanding recreational and edu9 cational opportunities;

10 (5) contains resources important to the identified

11 theme or themes of the Study Area that retain a de12 gree of integrity capable of supporting interpretation;

13 (6) includes residents, business interests, non14 profit organizations, and local and State governments

15 who have demonstrated support for the concept of a

16 National Heritage Area; and

17 (7) has a potential management entity to work

18 in partnership with residents, business interests, non19 profit organizations, and local and State governments

20 to develop a National Heritage Area consistent with

21 continued local and State economic activity.

22 (c) CONSULTATION.—In conducting the study, the Sec23 retary shall—
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1 (1) consult with the State Historic Preservation

2 Officer, State Historical Society, and other appro3 priate organizations; and

4 (2) use previously completed materials, including

5 the Golden Spike Rail Study.

6 (d) BOUNDARIES OF STUDY AREA.—The Study Area

7 shall be comprised of sites relating to completion of the first

8 transcontinental railroad in the State of Utah, concen9 trating on those areas identified on the map included in

10 the Golden Spike Rail Study.

11 (e) REPORT.—Not later than 3 fiscal years after funds

12 are first made available to carry out this section, the Sec13 retary shall submit to the Committee on Resources of the

14 House of Representatives and the Committee on Energy and

15 Natural Resources of the Senate a report on the findings

16 and conclusions of the study and recommendations based

17 upon those findings and conclusions.

18 (f) AUTHORIZATION OF APPROPRIATIONS.—There are

19 authorized to be appropriated to the Secretary such sums

20 as may be necessary to carry out the provisions of this sec21 tion.

22 SEC. 302. CROSSROADS OF THE WEST HISTORIC DISTRICT.

23 (a) PURPOSES.—The purposes of this section are—

24 (1) to preserve and interpret, for the educational

25 and inspirational benefit of the public, the contribu-
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1 tion to our national heritage of certain historic and

2 cultural lands and edifices of the Crossroads of the

3 West Historic District; and

4 (2) to enhance cultural and compatible economic

5 redevelopment within the District.

6 (b) DEFINITIONS.—For the purposes of this section:

7 (1) DISTRICT.—The term ‘‘District’’ means the

8 Crossroads of the West Historic District established by

9 subsection (c).

10 (2) SECRETARY.—The term ‘‘Secretary’’ means

11 the Secretary of the Interior.

12 (3) HISTORIC INFRASTRUCTURE.—The term

13 ‘‘historic infrastructure’’ means the District’s historic

14 buildings and any other structure that the Secretary

15 determines to be eligible for listing on the National

16 Register of Historic Places.

17 (c) CROSSROADS OF THE WEST HISTORIC DIS18 TRICT.—

19 (1) ESTABLISHMENT.—There is established the

20 Crossroads of the West Historic District in the city of

21 Ogden, Utah.

22 (2) BOUNDARIES.—The boundaries of the Dis23 trict shall be the boundaries depicted on the map enti24 tled ‘‘Crossroads of the West Historic District’’, num25 bered OGGO-20,000, and dated March 22, 2000. The
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1 map shall be on file and available for public inspec2 tion in the appropriate offices of the Department of

3 the Interior.

4 (d) DEVELOPMENT PLAN.—The Secretary may make

5 grants and enter into cooperative agreements with the State

6 of Utah, local governments, and nonprofit entities under

7 which the Secretary agrees to pay not more than 50 percent

8 of the costs of—

9 (1) preparation of a plan for the development of

10 historic, architectural, natural, cultural, and inter11 pretive resources within the District;

12 (2) implementation of projects approved by the

13 Secretary under the development plan described in

14 paragraph (1); and

15 (3) an analysis assessing measures that could be

16 taken to encourage economic development and revital17 ization within the District in a manner consistent

18 with the District’s historic character.

19 (e) RESTORATION, PRESERVATION, AND INTERPRETA20 TION OF PROPERTIES.—

21 (1) COOPERATIVE AGREEMENTS.—The Secretary

22 may enter into cooperative agreements with the State

23 of Utah, local governments, and nonprofit entities

24 owning property within the District under which the

25 Secretary may—
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1 (A) pay not more than 50 percent of the

2 cost of restoring, repairing, rehabilitating, and

3 improving historic infrastructure within the Dis4 trict;

5 (B) provide technical assistance with re6 spect to the preservation and interpretation of

7 properties within the District; and

8 (C) mark and provide interpretation of

9 properties within the District.

10 (2) NON-FEDERAL CONTRIBUTIONS.—When de11 termining the cost of restoring, repairing, rehabili12 tating, and improving historic infrastructure within

13 the District for the purposes of paragraph (1)(A), the

14 Secretary may consider any donation of property,

15 services, or goods from a non-Federal source as a con16 tribution of funds from a non-Federal source.

17 (3) PROVISIONS.—A cooperative agreement

18 under paragraph (1) shall provide that—

19 (A) the Secretary shall have the right of ac20 cess at reasonable times to public portions of the

21 property for interpretive and other purposes;

22 (B) no change or alteration may be made in

23 the property except with the agreement of the

24 property owner, the Secretary, and any Federal
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1 agency that may have regulatory jurisdiction

2 over the property; and

3 (C) any construction grant made under this

4 section shall be subject to an agreement that

5 provides—

6 (I) that conversion, use, or disposal of

7 the project so assisted for purposes contrary

8 to the purposes of this section shall result in

9 a right of the United States to compensa10 tion from the beneficiary of the grant; and

11 (II) for a schedule for such compensa12 tion based on the level of Federal investment

13 and the anticipated useful life of the project.

14 (4) APPLICATIONS.—

15 (A) IN GENERAL.—A property owner that

16 desires to enter into a cooperative agreement

17 under paragraph (1) shall submit to the Sec18 retary an application describing how the project

19 proposed to be funded will further the purposes

20 of the management plan developed for the Dis21 trict.

22 (B) CONSIDERATION.—In making such

23 funds available under this subsection, the Sec24 retary shall give consideration to projects that

25 provide a greater leverage of Federal funds.
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1 (f) AUTHORIZATION OF APPROPRIATIONS.—There are

2 authorized to be appropriated to the Secretary to carry out

3 this section not more than $1,000,000 for any fiscal year

4 and not more than $5,000,000 total.

Amend the title so as to read ‘‘An Act to establish

the California Trail Interpretive Center in Elko, Nevada,

to facilitate the interpretation of the history of development and use of trails in the settling of the western portion of the United States, and for other purposes.’’.

Attest:

Clerk.

106TH CONGRESS

2D SESSION S. 2749

AMENDMENTS