II

Calendar No. 265

106TH CONGRESS

1ST SESSION S. 28

[Report No. 106–144]

To authorize an interpretive center and related visitor facilities within the

Four Corners Monument Tribal Park, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JANUARY 19, 1999

Mr. HATCH (for himself, Mr. BINGAMAN, Mr. BENNETT, Mr. CAMPBELL, Mr.

DOMENICI, and Mr. ALLARD) introduced the following bill; which was

read twice and referred to the Committee on Energy and Natural Resources

MAY 12, 1999

Committee discharged; referred to the Committee on Indian Affairs

AUGUST 27, 1999

Reported under authority of the order of the Senate of August 5, 1999, by

Mr. CAMPBELL, with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]

A BILL

To authorize an interpretive center and related visitor facilities within the Four Corners Monument Tribal Park,

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,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Four Corners Interpre3 tive Center Act’’.

4 SEC. 2. FINDINGS AND PURPOSES.

5 (a) FINDINGS.—Congress finds that—

6 (1) the Four Corners Monument is nationally

7 significant as the only geographic location in the

8 United States where 4 State boundaries meet;

9 (2) the States with boundaries that meet at the

10 Four Corners are Arizona, Colorado, New Mexico,

11 and Utah;

12 (3) between 1868 and 1875 the boundary lines

13 that created the Four Corners were drawn, and in

14 1899 a monument was erected at the site;

15 (4) a United States postal stamp will be issued

16 in 1999 to commemorate the centennial of the origi17 nal boundary marker;

18 (5) the Four Corners area is distinct in char19 acter and possess important historical, cultural, and

20 prehistoric values and resources within the sur21 rounding cultural landscape;

22 (6) although there are no permanent facilities

23 or utilities at the Four Corners Monument Tribal

24 Park, each year the park attracts approximately

25 250,000 visitors;
3

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1 (7) the area of the Four Corners Monument

2 Tribal Park falls entirely within the Navajo Nation

3 or Ute Mountain Ute Tribe reservations;

4 (8) the Navajo Nation and the Ute Mountain

5 Ute Tribe have entered into a Memorandum of Un6 derstanding governing the planning and future de7 velopment of the Four Corners Monument Tribal

8 Park;

9 (9) in 1992, through agreements executed by

10 the governors of Arizona, Colorado, New Mexico,

11 and Utah, the Four Corners Heritage Council was

12 established as a coalition of State, Federal, tribal,

13 and private interests;

14 (10) the State of Arizona has obligated $45,000

15 for planning efforts and $250,000 for construction

16 of an interpretive center at the Four Corners Monu17 ment Tribal Park;

18 (11) numerous studies and extensive consulta19 tion with American Indians have demonstrated that

20 development at the Four Corners Monument tribal

21 park would greatly benefit the people of the Navajo

22 Nation and the Ute Mountain Ute Tribe;

23 (12) the Arizona Department of Transportation

24 has completed preliminary cost estimates that are

25 based on field experience with rest-area development
4

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1 for the construction of a Four Corners Monument

2 Interpretive Center and surrounding infrastructure,

3 including restrooms, roadways, parking, water, elec4 trical, telephone, and sewage facilities;

5 (13) an interpretive center would provide im6 portant educational and enrichment opportunities

7 for all Americans;

8 (14) Federal financial assistance and technical

9 expertise are needed for the construction of an inter10 pretive center.

11 (b) PURPOSES.—The purposes of this Act are—

12 (1) to recognize the importance of the Four

13 Corners Monument and surrounding landscape as a

14 distinct area in the heritage of the United States

15 that is worthy of interpretation and preservation;

16 (2) to assist the Navajo and the Ute Mountain

17 Ute Tribe in establishing the Four Corners Interpre18 tive Center and related facilities to meet the needs

19 of the general public;

20 (3) to highlight and showcase the collaborative

21 resource stewardship of private individuals, Indian

22 tribes, universities, Federal agencies, and the gov23 ernments of States and political subdivisions thereof

24 (including counties);
5

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1 (4) to promote knowledge of the life, art, cul2 ture, politics, and history of the culturally diverse

3 groups of the Four Corners region.

4 SEC. 3. DEFINITIONS.

5 As used in this Act:

6 (1) CENTER.—The term ‘‘Center’’ means the

7 Four Corners Interpretive Center established under

8 section 4, including restroom, parking areas, vendor

9 facilities, sidewalks, utilities, exhibits, and other vis10 itor facilities.

11 (2) FOUR CORNERS HERITAGE COUNCIL.—The

12 term ‘‘Four Corners Heritage Council’’ means the

13 nonprofit coalition of Federal, State, and tribal enti14 ties established in 1992 by agreements of the Gov15 ernors of the States of Arizona, Colorado, New Mex16 ico, and Utah.

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

18 the Secretary of the Interior.

19 (4) RECIPIENT.—The term ‘‘Recipient’’ means

20 the State of Arizona, Colorado, New Mexico, or

21 Utah, or any consortium of two or more of these

22 states.

23 (5) FOUR CORNERS MONUMENT.—The term

24 ‘‘Four Corners Monument’’ means the physical
6

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1 monument where the boundaries of the States of Ar2 izona, Colorado, New Mexico and Utah meet.

3 (6) FOUR CORNERS MONUMENT TRIBAL

4 PARK.—The term ‘‘Four Corners Monument Tribal

5 Park’’ means lands within the legally defined bound6 ary of the Four Corners Monument Tribal Park.

7 SEC. 4. FOUR CORNERS MONUMENT INTERPRETIVE CEN8 TER.

9 (a) ESTABLISHMENT.—Subject to the availability of

10 appropriations, the Secretary is authorized to establish

11 within the boundaries of the Four Corners Monument

12 Tribal Park a center for the interpretation and commemo13 ration of the Four Corners Monument, to be known as

14 the ‘‘Four Corners Interpretive Center.’’

15 (b) Land for the Center shall be designated and made

16 available by the Navajo Nation or the Ute Mountain Ute

17 Tribe within the boundary of the Four Corners Monument

18 Tribal Park in consultation with the Four Corners Herit19 age Council and in accordance with—

20 (1) the memorandum of understanding between

21 the Navajo Nation and the Ute Mountain Ute Tribe

22 that was entered into on October 22, 1996;

23 (2) applicable supplemental agreements with

24 the Bureau of Land Management, the National Park

25 Service, and the United States Forest Service.
7

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1 (c) CONCURRENCE.—Notwithstanding any other pro2 vision of this act, no such center shall be established with3 out the consent of the Navajo Nation and the Ute Moun4 tain Ute Tribe.

5 (d) COMPONENTS OF CENTER.—The Center shall

6 include—

7 (1) a location for permanent and temporary ex8 hibits depicting the archaeological, cultural, and nat9 ural heritage of the Four Corners region;

10 (2) a venue for public education programs;

11 (3) a location to highlight the importance of ef12 forts to preserve southwestern archaeological sites

13 and museum collections;

14 (4) a location to provide information to the gen15 eral public about cultural and natural resources,

16 parks, museums, and travel in the Four Corners re17 gion.

18 SEC. 5. CONSTRUCTION GRANT.

19 (a) GRANT.—The Secretary is authorized to award

20 a Federal grant to the recipient described in section 3(4)

21 for up to 50 percent of the cost to construct the Center.

22 To be eligible for the grant, the recipient shall provide as23 surances that:

24 (1) The non-Federal share of the costs of con25 struction is paid from non-Federal sources. The non-
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1 Federal sources may include contributions made by

2 States, private sources, the Navajo Nation and the

3 Ute Mountain Ute Tribe for planning, design, con4 struction, furnishing, startup, and operational ex5 penses.

6 (2) The aggregate amount of non-Federal funds

7 contributed by the States used to carry out the ac8 tivities specified in subparagraph (A) will not be less

9 than $2,000,000, of which each of the States that

10 is party to the grant will contribute equally in cash

11 or in kind.

12 (3) The State of Arizona may apply $45,000

13 authorized by the State of Arizona during fiscal year

14 1998 for planning and $250,000 that is held in re15 serve by the State for construction toward the Ari16 zona share.

17 (b) GRANT REQUIREMENTS.—In order to receive a

18 grant under this act, the recipient shall—

19 (1) submit to the Secretary a proposal that

20 meets all applicable—

21 (A) laws, including building codes and reg22 ulations; and

23 (B) requirements under the Memorandum

24 of Understanding described in paragraph (2) of

25 this subsection; and
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1 (C) provides such information and assur2 ances as the Secretary may require.

3 (2) The recipient shall enter into a Memo4 randum of Understanding (MOU) with the Secretary

5 providing—

6 (A) a timetable for completion of construc7 tion and opening of the Center;

8 (B) assurances that design, architectural

9 and construction contracts will be competively

10 awarded;

11 (C) specifications meeting all applicable

12 Federal, State, and local building codes and

13 laws;

14 (D) arrangements for operations and

15 maintenance upon completion of construction;

16 (E) a description of center collections and

17 educational programming;

18 (F) a plan for design of exhibits including,

19 but not limited to, collections to be exhibited,

20 security, preservation, protection, environmental

21 controls, and presentations in accordance with

22 professional museum standards;

23 (G) an agreement with the Navajo Nation

24 and the Ute Mountain Ute Tribe relative to site

25 selection and public access to the facilities;
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1 (H) a financing plan developed jointly by

2 the Navajo Nation and the Ute Mountain Ute

3 Tribe outlining the long-term management of

4 the Center, including but not limited to—

5 (i) the acceptance and use of funds

6 derived from public and private sources to

7 minimize the use of appropriated or bor8 rowed funds;

9 (ii) the payment of the operating costs

10 of the Center through the assessment of

11 fees or other income generated by the Cen12 ter;

13 (iii) a strategy for achieving financial

14 self-sufficiency with respect to the Center

15 by not later than 5 years after the date of

16 enactment of this Act;

17 (iv) defining appropriate vendor

18 standards and business activities at the

19 Four Corners Monument Tribal Park.

20 SEC. 6. SELECTION OF GRANT RECIPIENT.

21 The Secretary is authorized to award a grant in ac22 cordance with the provisions of this act. The Four Corners

23 Heritage Council may make recommendations to the Sec24 retary on grant proposals regarding the design of facilities

25 at the Four Corners Monument Tribal Park.
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1 SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

2 (a) AUTHORIZATIONS.—There are authorized to be

3 appropriated to carry out this act—

4 (1) $2,000,000 for fiscal year 2000; and

5 (2) $50,000 for each of fiscal years 2001–2005

6 for maintenance and operation of the center, pro7 gram development, or staffing in a manner con8 sistent with the requirements of Section 5(b).

9 (b) CARRYOVER—Any funds made available under

10 this section that are unexpended at the end of the fiscal

11 year for which those funds are appropriated, may be used

12 by the Secretary through fiscal year 2002 for the purposes

13 for which those funds were made available.

14 (c) RESERVATION OF FUNDS.—The Secretary may

15 reserve funds appropriated pursuant to this act until a

16 proposal meeting the requirements of this act is sub17 mitted, but no later than September 30, 2001.

18 SEC. 8. DONATIONS.

19 Notwithstanding any other provision of law, for pur20 poses of the planning, construction, and operation of the

21 Center, the Secretary may accept, retain, and expend do22 nations of funds, and use property or services donated

23 from private persons and entities or from public entities.

24 SEC. 9. STATUTORY CONSTRUCTION.

25 Nothing in this Act is intended to abrogate, modify,

26 or impair any right or claim of the Navajo Nation
12

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1 or the Ute Mountain Ute Tribe, that is based on any law

2 (including any treaty, Executive order, agreement, or Act

3 of Congress).

4 SECTION 1. SHORT TITLE.

5 This Act may be cited as the ‘‘Four Corners Interpre6 tive Center Act’’.

7 SEC. 2. FINDINGS AND PURPOSES.

8 (a) FINDINGS.—Congress finds that—

9 (1) the Four Corners Monument is nationally

10 significant as the only geographic location in the

11 United States where 4 State boundaries meet;

12 (2) the States with boundaries that meet at the

13 Four Corners are Arizona, Colorado, New Mexico,

14 and Utah;

15 (3) between 1868 and 1875 the boundary lines

16 that created the Four Corners were drawn, and in

17 1899 a monument was erected at the site;

18 (4) a United States postal stamp will be issued

19 in 1999 to commemorate the centennial of the origi20 nal boundary marker;

21 (5) the Four Corners area is distinct in char22 acter and possesses important historical, cultural, and

23 prehistoric values and resources within the sur24 rounding cultural landscape;
13

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1 (6) although there are no permanent facilities or

2 utilities at the Four Corners Monument Tribal Park,

3 each year the park attracts approximately 250,000

4 visitors;

5 (7) the area of the Four Corners Monument

6 Tribal Park falls entirely within the Navajo Nation

7 or Ute Mountain Ute Tribe reservations;

8 (8) the Navajo Nation and the Ute Mountain Ute

9 Tribe have entered into a memorandum of under10 standing governing the planning and future develop11 ment of the Four Corners Monument Tribal Park;

12 (9) in 1992, through agreements executed by the

13 Governors of Arizona, Colorado, New Mexico, and

14 Utah, the Four Corners Heritage Council was estab15 lished as a coalition of State, Federal, tribal, and pri16 vate interests;

17 (10) the State of Arizona has obligated $45,000

18 for planning efforts and $250,000 for construction of

19 an interpretive center at the Four Corners Monument

20 Tribal Park;

21 (11) numerous studies and extensive consultation

22 with American Indians have demonstrated that devel23 opment at the Four Corners Monument Tribal Park

24 would greatly benefit the people of the Navajo Nation

25 and the Ute Mountain Ute Tribe;
14

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1 (12) the Arizona Department of Transportation

2 has completed preliminary cost estimates that are

3 based on field experience with rest-area development

4 for the construction of a Four Corners Interpretive

5 Center and surrounding infrastructure, including

6 restrooms, roadways, parking areas, and water, elec7 trical, telephone, and sewage facilities;

8 (13) an interpretive center would provide impor9 tant educational and enrichment opportunities for all

10 Americans; and

11 (14) Federal financial assistance and technical

12 expertise are needed for the construction of an inter13 pretive center.

14 (b) PURPOSES.—The purposes of this Act are—

15 (1) to recognize the importance of the Four Cor16 ners Monument and surrounding landscape as a dis17 tinct area in the heritage of the United States that is

18 worthy of interpretation and preservation;

19 (2) to assist the Navajo Nation and the Ute

20 Mountain Ute Tribe in establishing the Four Corners

21 Interpretive Center and related facilities to meet the

22 needs of the general public;

23 (3) to highlight and showcase the collaborative

24 resource stewardship of private individuals, Indian

25 tribes, universities, Federal agencies, and the govern-
15

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1 ments of States and political subdivisions thereof (in2 cluding counties); and

3 (4) to promote knowledge of the life, art, culture,

4 politics, and history of the culturally diverse groups

5 of the Four Corners region.

6 SEC. 3. DEFINITIONS.

7 As used in this Act:

8 (1) CENTER.—The term ‘‘Center’’ means the

9 Four Corners Interpretive Center established under

10 section 4, including restrooms, parking areas, vendor

11 facilities, sidewalks, utilities, exhibits, and other vis12 itor facilities.

13 (2) ELIGIBLE ENTITY.—The term ‘‘eligible enti14 ty’’ means the State of Arizona, Colorado, New Mex15 ico, or Utah, or any consortium of 2 or more of those

16 States.

17 (3) FOUR CORNERS HERITAGE COUNCIL.—The

18 term ‘‘Four Corners Heritage Council’’ means the

19 nonprofit coalition of Federal, State, tribal, and pri20 vate entities established in 1992 by agreements of the

21 Governors of the States of Arizona, Colorado, New

22 Mexico, and Utah.

23 (4) FOUR CORNERS MONUMENT.—The term

24 ‘‘Four Corners Monument’’ means the physical monu-
16

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1 ment where the boundaries of the States of Arizona,

2 Colorado, New Mexico, and Utah meet.

3 (5) FOUR CORNERS MONUMENT TRIBAL PARK.—

4 The term ‘‘Four Corners Monument Tribal Park’’

5 means lands within the legally defined boundaries of

6 the Four Corners Monument Tribal Park.

7 (6) SECRETARY.—The term ‘‘Secretary’’ means

8 the Secretary of the Interior.

9 SEC. 4. FOUR CORNERS INTERPRETIVE CENTER.

10 (a) ESTABLISHMENT.—Subject to the availability of

11 appropriations, the Secretary is authorized to establish

12 within the boundaries of the Four Corners Monument Trib13 al Park a center for the interpretation and commemoration

14 of the Four Corners Monument, to be known as the ‘‘Four

15 Corners Interpretive Center’’.

16 (b) LAND DESIGNATED AND MADE AVAILABLE.—Land

17 for the Center shall be designated and made available by

18 the Navajo Nation or the Ute Mountain Ute Tribe within

19 the boundaries of the Four Corners Monument Tribal Park

20 in consultation with the Four Corners Heritage Council

21 and in accordance with—

22 (1) the memorandum of understanding between

23 the Navajo Nation and the Ute Mountain Ute Tribe

24 that was entered into on October 22, 1996; and
17

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1 (2) applicable supplemental agreements with the

2 Bureau of Land Management, the National Park

3 Service, and the United States Forest Service.

4 (c) CONCURRENCE.—Notwithstanding any other pro5 vision of this Act, no such center shall be established without

6 the consent of the Navajo Nation and the Ute Mountain

7 Ute Tribe.

8 (d) COMPONENTS OF CENTER.—The Center shall

9 include—

10 (1) a location for permanent and temporary ex11 hibits depicting the archaeological, cultural, and nat12 ural heritage of the Four Corners region;

13 (2) a venue for public education programs;

14 (3) a location to highlight the importance of ef15 forts to preserve southwestern archaeological sites and

16 museum collections;

17 (4) a location to provide information to the gen18 eral public about cultural and natural resources,

19 parks, museums, and travel in the Four Corners re20 gion; and

21 (5) visitor amenities including restrooms, public

22 telephones, and other basic facilities.

23 SEC. 5. CONSTRUCTION GRANT.

24 (a) GRANT.—
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1 (1) IN GENERAL.—The Secretary is authorized to

2 award a grant to an eligible entity for the construc3 tion of the Center in an amount not to exceed 50 per4 cent of the cost of construction of the Center.

5 (2) ASSURANCES.—To be eligible for the grant,

6 the eligible entity that is selected to receive the grant

7 shall provide assurances that—

8 (A) the non-Federal share of the costs of

9 construction is paid from non-Federal sources

10 (which may include contributions made by

11 States, private sources, the Navajo Nation, and

12 the Ute Mountain Ute Tribe for planning, de13 sign, construction, furnishing, startup, and oper14 ational expenses); and

15 (B) the aggregate amount of non-Federal

16 funds contributed by the States used to carry out

17 the activities specified in subparagraph (A) will

18 not be less than $2,000,000, of which each of the

19 States that is party to the grant will contribute

20 equally in cash or in kind.

21 (3) FUNDS FROM PRIVATE SOURCES.—A State

22 may use funds from private sources to meet the re23 quirements of paragraph (2)(B).

24 (4) FUNDS OF STATE OF ARIZONA.—The State of

25 Arizona may apply $45,000 authorized by the State
19

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1 of Arizona during fiscal year 1998 for planning and

2 $250,000 that is held in reserve by the State for con3 struction toward the Arizona share.

4 (b) GRANT REQUIREMENTS.—In order to receive a

5 grant under this Act, the eligible entity selected to receive

6 the grant shall—

7 (1) submit to the Secretary a proposal that—

8 (A) meets all applicable—

9 (i) laws, including building codes and

10 regulations; and

11 (ii) requirements under the memo12 randum of understanding described in

13 paragraph (2); and

14 (B) provides such information and assur15 ances as the Secretary may require; and

16 (2) enter into a memorandum of understanding

17 with the Secretary providing—

18 (A) a timetable for completion of construc19 tion and opening of the Center;

20 (B) assurances that design, architectural,

21 and construction contracts will be competitively

22 awarded;

23 (C) specifications meeting all applicable

24 Federal, State, and local building codes and

25 laws;
20

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1 (D) arrangements for operations and main2 tenance upon completion of construction;

3 (E) a description of the Center collections

4 and educational programming;

5 (F) a plan for design of exhibits including,

6 but not limited to, the selection of collections to

7 be exhibited, and the providing of security, pres8 ervation, protection, environmental controls, and

9 presentations in accordance with professional

10 museum standards;

11 (G) an agreement with the Navajo Nation

12 and the Ute Mountain Ute Tribe relative to site

13 selection and public access to the facilities; and

14 (H) a financing plan developed jointly by

15 the Navajo Nation and the Ute Mountain Ute

16 Tribe outlining the long-term management of the

17 Center, including—

18 (i) the acceptance and use of funds de19 rived from public and private sources to

20 minimize the use of appropriated or bor21 rowed funds;

22 (ii) the payment of the operating costs

23 of the Center through the assessment of fees

24 or other income generated by the Center;
21

•S 28 RS

1 (iii) a strategy for achieving financial

2 self-sufficiency with respect to the Center by

3 not later than 5 years after the date of en4 actment of this Act; and

5 (iv) appropriate vendor standards and

6 business activities at the Four Corners

7 Monument Tribal Park.

8 SEC. 6. SELECTION OF GRANT RECIPIENT.

9 The Four Corners Heritage Council may make rec10 ommendations to the Secretary on grant proposals regard11 ing the design of facilities at the Four Corners Monument

12 Tribal Park.

13 SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

14 (a) AUTHORIZATIONS.—There are authorized to be ap15 propriated to the Department of the Interior to carry out

16 this Act—

17 (1) $2,000,000 for fiscal year 2000; and

18 (2) $50,000 for each of fiscal years 2001 through

19 2005 for maintenance and operation of the Center,

20 program development, or staffing in a manner con21 sistent with the requirements of section 5(b).

22 (b) CARRYOVER.—Funds made available under sub23 section (a)(1) that are unexpended at the end of the fiscal

24 year for which those funds are appropriated, may be used
22

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1 by the Secretary through fiscal year 2002 for the purposes

2 for which those funds are made available.

3 (c) RESERVATION OF FUNDS.—The Secretary may re4 serve funds appropriated pursuant to this Act until a grant

5 proposal meeting the requirements of this Act is submitted,

6 but no later than September 30, 2001.

7 SEC. 8. DONATIONS.

8 Notwithstanding any other provision of law, for pur9 poses of the planning, construction, and operation of the

10 Center, the Secretary may accept, retain, and expend dona11 tions of funds, and use property or services donated, from

12 private persons and entities or from public entities.

13 SEC. 9. STATUTORY CONSTRUCTION.

14 Nothing in this Act is intended to abrogate, modify,

15 or impair any right or claim of the Navajo Nation

16 or the Ute Mountain Ute Tribe, that is based on any law

17 (including any treaty, Executive order, agreement, or Act

18 of Congress).

Calendar No. 265

106TH CONGRESS

1ST SESSION S. 28

[Report No. 106–144]

A BILL

To authorize an interpretive center and related visTribal Park, and for other purposes. itor facilities within the Four Corners Monument

AUGUST 27, 1999

Reported with an amendment