S. 2749

One Hundred Sixth Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Monday,

the twenty-fourth day of January, two thousand

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.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

TITLE I—CALIFORNIA TRAIL

INTERPRETIVE CENTER

SEC. 101. SHORT TITLE.

This title may be cited as the ‘‘California Trail Interpretive

Act’’.

SEC. 102. FINDINGS AND PURPOSES.

(a) FINDINGS.—Congress finds that—

(1) the nineteenth-century westward movement in the

United States over the California National Historic Trail, which

occurred from 1840 until the completion of the transcontinental

railroad in 1869, was an important cultural and historical

event in—

(A) the development of the western land of the United

States; and

(B) the prevention of colonization of the west coast

by Russia and the British Empire;

(2) the movement over the California Trail was completed

by over 300,000 settlers, many of whom left records or stories

of their journeys; and

(3) additional recognition and interpretation of the movement over the California Trail is appropriate in light of—

(A) the national scope of nineteenth-century westward

movement in the United States; and

(B) the strong interest expressed by people of the

United States in understanding their history and heritage.

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

(1) to recognize the California Trail, including the Hastings

Cutoff and the trail of the ill-fated Donner-Reed Party, for

its national, historical, and cultural significance; and

(2) to provide the public with an interpretive facility

devoted to the vital role of trails in the West in the development

of the United States.

SEC. 103. DEFINITIONS.

In this title:
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(1) CALIFORNIA TRAIL.—The term ‘‘California Trail’’ means

the California National Historic Trail, established under section

5(a)(18) of the National Trails System Act (16 U.S.C.

1244(a)(18)).

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

Interpretive Center established under section 104(a).

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

of the Interior, acting through the Director of the Bureau

of Land Management.

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

SEC. 104. CALIFORNIA TRAIL INTERPRETIVE CENTER.

(a) ESTABLISHMENT.—

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

7(c) of the National Trails System Act (16 U.S.C. 1246(c)),

the Secretary may establish an interpretation center to be

known as the ‘‘California Trail Interpretive Center’’, near the

city of Elko, Nevada.

(2) PURPOSE.—The Center shall be established for the purpose of interpreting the history of development and use of

the California Trail in the settling of the West.

(b) MASTER PLAN STUDY.—To carry out subsection (a), the

Secretary shall—

(1) consider the findings of the master plan study for the

California Trail Interpretive Center in Elko, Nevada, as authorized by page 15 of Senate Report 106–99; and

(2) initiate a plan for the development of the Center that

includes—

(A) a detailed description of the design of the Center;

(B) a description of the site on which the Center is

to be located;

(C) a description of the method and estimated cost

of acquisition of the site on which the Center is to be

located;

(D) the estimated cost of construction of the Center;

(E) the cost of operation and maintenance of the

Center; and

(F) a description of the manner and extent to which

non-Federal entities shall participate in the acquisition

and construction of the Center.

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

may—

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

of the Center by—

(A) donation;

(B) purchase with donated or appropriated funds; or

(C) exchange;

(2) provide for local review of and input concerning the

development and operation of the Center by the Advisory Board

for the National Historic California Emigrant Trails Interpretive Center of the city of Elko, Nevada;

(3) periodically prepare a budget and funding request that

allows a Federal agency to carry out the maintenance and

operation of the Center;

(4) enter into a cooperative agreement with—

(A) the State, to provide assistance in—

(i) removal of snow from roads;
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(ii) rescue, firefighting, and law enforcement services; and

(iii) coordination of activities of nearby law enforcement and firefighting departments or agencies; and

(B) a Federal, State, or local agency to develop or

operate facilities and services to carry out this title; and

(5) notwithstanding any other provision of law, accept donations of funds, property, or services from an individual, foundation, corporation, or public entity to provide a service or facility

that is consistent with this title, as determined by the Secretary, including 1-time contributions for the Center (to be

payable during construction funding periods for the Center

after the date of enactment of this Act) from—

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

(B) Elko County, Nevada, in the amount of $1,000,000;

and

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

$2,000,000.

SEC. 105. AUTHORIZATION OF APPROPRIATIONS.

There is authorized to be appropriated to carry out this title

$12,000,000.

TITLE II—CONVEYANCE OF NATIONAL

FOREST SYSTEM LANDS FOR EDUCATIONAL PURPOSES

SEC. 201. SHORT TITLE.

This title may be cited as the ‘‘Education Land Grant Act’’.

SEC. 202. CONVEYANCE OF NATIONAL FOREST SYSTEM LANDS FOR

EDUCATIONAL PURPOSES.

(a) AUTHORITY TO CONVEY.—Upon written application, the Secretary of Agriculture may convey National Forest System lands

to a public school district for use for educational purposes if the

Secretary determines that—

(1) the public school district seeking the conveyance will

use the conveyed land for a public or publicly funded elementary

or secondary school, to provide grounds or facilities related

to such a school, or for both purposes;

(2) the conveyance will serve the public interest;

(3) the land to be conveyed is not otherwise needed for

the purposes of the National Forest System;

(4) the total acreage to be conveyed does not exceed the

amount reasonably necessary for the proposed use;

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

project that is described in detail in the application to the

Secretary, and the conveyance would serve public objectives

(either locally or at large) that outweigh the objectives and

values which would be served by maintaining such land in

Federal ownership;

(6) the applicant is financially and otherwise capable of

implementing the proposed project;

(7) the land to be conveyed has been identified for disposal

in an applicable land and resource management plan under
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the Forest and Rangeland Renewable Resources Planning Act

of 1974 (16 U.S.C. 1600 et seq.); and

(8) an opportunity for public participation in a disposal

under this section has been provided, including at least one

public hearing or meeting, to provide for public comments.

(b) ACREAGE LIMITATION.—A conveyance under this section may

not exceed 80 acres. However, this limitation shall not be construed

to preclude an entity from submitting a subsequent application

under this section for an additional land conveyance if the entity

can demonstrate to the Secretary a need for additional land.

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

section shall be for a nominal cost. The conveyance may not include

the transfer of mineral or water rights.

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

the real property conveyed under this title shall be determined

by a survey satisfactory to the Secretary and the applicant. The

cost of the survey shall be borne by the applicant.

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

an application under this section, the Secretary shall—

(1) before the end of the 14-day period beginning on the

date of the receipt of the application, provide notice of that

receipt to the applicant; and

(2) before the end of the 120-day period beginning on that

date—

(A) make a final determination whether or not to

convey land pursuant to the application, and notify the

applicant of that determination; or

(B) submit written notice to the applicant containing

the reasons why a final determination has not been made.

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

conveyed pursuant to this section, the entity to whom the lands

were conveyed attempts to transfer title to or control over the

lands to another or the lands are devoted to a use other than

the use for which the lands were conveyed, title to the lands

shall revert to the United States.

TITLE III—GOLDEN SPIKE/CROSSROADS

OF THE WEST NATIONAL HERITAGE

AREA STUDY AREA AND THE CROSSROADS OF THE WEST HISTORIC DISTRICT

SEC. 301. AUTHORIZATION OF STUDY.

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

(1) GOLDEN SPIKE RAIL STUDY.—The term ‘‘Golden Spike

Rail Study’’ means the Golden Spike Rail Feasibility Study,

Reconnaissance Survey, Ogden, Utah to Golden Spike National

Historic Site’’, National Park Service, 1993.

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

of the Interior.

(3) STUDY AREA.—The term ‘‘Study Area’’ means the Golden

Spike/Crossroads of the West National Heritage Area Study

Area, the boundaries of which are described in subsection (d).
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(b) IN GENERAL.—The Secretary shall conduct a study of the

Study Area which includes analysis and documentation necessary

to determine whether the Study Area—

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

resources that together represent distinctive aspects of American heritage worthy of recognition, conservation, interpretation, and continuing use, and are best managed through partnerships among public and private entities;

(2) reflects traditions, customs, beliefs, and folk-life that

are a valuable part of the national story;

(3) provides outstanding opportunities to conserve natural,

historic, cultural, or scenic features;

(4) provides outstanding recreational and educational

opportunities;

(5) contains resources important to the identified theme

or themes of the Study Area that retain a degree of integrity

capable of supporting interpretation;

(6) includes residents, business interests, nonprofit

organizations, and local and State governments who have demonstrated support for the concept of a National Heritage Area;

and

(7) has a potential management entity to work in partnership with residents, business interests, nonprofit organizations,

and local and State governments to develop a National Heritage

Area consistent with continued local and State economic

activity.

(c) CONSULTATION.—In conducting the study, the Secretary

shall—

(1) consult with the State Historic Preservation Officer,

State Historical Society, and other appropriate organizations;

and

(2) use previously completed materials, including the

Golden Spike Rail Study.

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

comprised of sites relating to completion of the first transcontinental

railroad in the State of Utah, concentrating on those areas identified

on the map included in the Golden Spike Rail Study.

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

first made available to carry out this section, the Secretary shall

submit to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of

the Senate a report on the findings and conclusions of the study

and recommendations based upon those findings and conclusions.

(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated to the Secretary such sums as may be necessary

to carry out the provisions of this section.

SEC. 302. CROSSROADS OF THE WEST HISTORIC DISTRICT.

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

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

inspirational benefit of the public, the contribution to our

national heritage of certain historic and cultural lands and

edifices of the Crossroads of the West Historic District; and

(2) to enhance cultural and compatible economic redevelopment within the District.

(b) DEFINITIONS.—For the purposes of this section:
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(1) DISTRICT.—The term ‘‘District’’ means the Crossroads

of the West Historic District established by subsection (c).

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

of the Interior.

(3) HISTORIC INFRASTRUCTURE.—The term ‘‘historic infrastructure’’ means the District’s historic buildings and any other

structure that the Secretary determines to be eligible for listing

on the National Register of Historic Places.

(c) CROSSROADS OF THE WEST HISTORIC DISTRICT.—

(1) ESTABLISHMENT.—There is established the Crossroads

of the West Historic District in the city of Ogden, Utah.

(2) BOUNDARIES.—The boundaries of the District shall be

the boundaries depicted on the map entitled ‘‘Crossroads of

the West Historic District’’, numbered OGGO–20,000, and dated

March 22, 2000. The map shall be on file and available for

public inspection in the appropriate offices of the Department

of the Interior.

(d) DEVELOPMENT PLAN.—The Secretary may make grants and

enter into cooperative agreements with the State of Utah, local

governments, and nonprofit entities under which the Secretary

agrees to pay not more than 50 percent of the costs of—

(1) preparation of a plan for the development of historic,

architectural, natural, cultural, and interpretive resources

within the District;

(2) implementation of projects approved by the Secretary

under the development plan described in paragraph (1); and

(3) an analysis assessing measures that could be taken

to encourage economic development and revitalization within

the District in a manner consistent with the District’s historic

character.

(e) RESTORATION, PRESERVATION, AND INTERPRETATION OF

PROPERTIES.— (1) COOPERATIVE AGREEMENTS.—The Secretary may enter

into cooperative agreements with the State of Utah, local

governments, and nonprofit entities owning property within

the District under which the Secretary may—

(A) pay not more than 50 percent of the cost of

restoring, repairing, rehabilitating, and improving historic

infrastructure within the District;

(B) provide technical assistance with respect to the

preservation and interpretation of properties within the

District; and

(C) mark and provide interpretation of properties

within the District.

(2) NON-FEDERAL CONTRIBUTIONS.—When determining the

cost of restoring, repairing, rehabilitating, and improving historic infrastructure within the District for the purposes of paragraph (1)(A), the Secretary may consider any donation of property, services, or goods from a non-Federal source as a contribution of funds from a non-Federal source.

(3) PROVISIONS.—A cooperative agreement under paragraph

(1) shall provide that—

(A) the Secretary shall have the right of access at

reasonable times to public portions of the property for

interpretive and other purposes;

(B) no change or alteration may be made in the property except with the agreement of the property owner,
S. 2749—7

the Secretary, and any Federal agency that may have

regulatory jurisdiction over the property; and

(C) any construction grant made under this section

shall be subject to an agreement that provides—

(i) that conversion, use, or disposal of the project

so assisted for purposes contrary to the purposes of

this section shall result in a right of the United States

to compensation from the beneficiary of the grant; and

(ii) for a schedule for such compensation based

on the level of Federal investment and the anticipated

useful life of the project.

(4) APPLICATIONS.—

(A) IN GENERAL.—A property owner that desires to

enter into a cooperative agreement under paragraph (1)

shall submit to the Secretary an application describing

how the project proposed to be funded will further the

purposes of the management plan developed for the District.

(B) CONSIDERATION.—In making such funds available

under this subsection, the Secretary shall give consideration to projects that provide a greater leverage of Federal

funds.

(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated to the Secretary to carry out this section not

more than $1,000,000 for any fiscal year and not more than

$5,000,000 total.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.