II 

Calendar No. 995 

110TH CONGRESS 

2D SESSION S. 3045 

To establish the Kenai Mountains-Turnagain Arm National Forest Heritage 

Area in the State of Alaska, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 21, 2008 

Ms. MURKOWSKI introduced the following bill; which was read twice and 

referred to the Committee on Energy and Natural Resources 

SEPTEMBER 16, 2008 

Reported by Mr. BINGAMAN, with an amendment 

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

A BILL 

To establish the Kenai Mountains-Turnagain Arm National 

Forest Heritage Area in the State of Alaska, 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 ‘‘Kenai Mountains5 Turnagain Arm National Forest Heritage Area Act’’. 


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1 SEC. 2. FINDINGS AND PURPOSES. 

2 (a) FINDINGS.—Congress finds that— 

3 (1) the Kenai Mountains-Turnagain Arm trans4 portation corridor— 

5 (A) is a major gateway to Alaska; 

6 (B) includes a range of transportation 

7 routes used by— 

8 (i) indigenous people; and 

9 (ii) the pioneers that settled the last 

10 frontier of the United States; 

11 (C) is located in the heart of the Chugach 

12 National Forest, which was established by pres13 idential proclamation on July 23, 1907, by 

14 Theodore Roosevelt; and 

15 (D) includes a historically significant seg16 ment of the Iditarod Trail connecting Seward 

17 and Nome, which was— 

18 (i) scouted by the Alaska Road Com19 mission in 1908; and 

20 (ii) designated as the Iditarod Na21 tional Historic Trail in 1978; 

22 (2) the cultural landscape formed by indigenous 

23 people and by settlement, transportation, and mod24 ern resource development in the rugged and often 

25 treacherous natural setting of the transportation 

26 corridor provides a powerful testimony to the human 


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1 fortitude, perseverance, and resourcefulness of the 

2 people who— 

3 (A) settled the frontier; and 

4 (B) represent the proudest heritage of the 

5 United States; 

6 (3) the natural history and scenic splendor of 

7 the transportation corridor are equally outstanding; 

8 (4) the transportation corridor includes vistas 

9 of the power of nature, such as evidence of earth10 quake subsidence, recent avalanches, retreating gla11 ciers, and tidal action along Turnagain Arm, which 

12 has the second greatest tidal range in the world; 

13 (5) there is a national interest in recognizing, 

14 preserving, promoting, and interpreting the re15 sources of the transportation corridor; 

16 (6) the Kenai Mountains-Turnagain Arm region 

17 is— 

18 (A) geographically and culturally cohesive; 

19 and 

20 (B) defined by a corridor of historic routes, 

21 trails, water, railroads, and roadways through a 

22 distinct landscape of mountains, lakes, and 

23 fjords; 

24 (7) the region played a unique role as a portal 

25 and transportation corridor through which indigeVerDate Aug 31 2005 04:49 Sep 17, 2008 Jkt 069200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6401 E:\BILLS\S3045.RS S3045

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1 nous people, explorers, missionaries, gold miners, 

2 cannery workers, big game hunters, homesteaders, 

3 foresters, railroad workers, military personnel, and 

4 petroleum developers traveled into southcentral and 

5 interior Alaska as part of the waves of travel that 

6 characterized the history of the United States; 

7 (8) the region exhibits a high degree of integ8 rity with vast tracks of rugged, undeveloped areas 

9 and natural scenery that still look much as the area 

10 did to the original inhabitants, the indigenous peo11 ple, and early explorers and pioneers of the region; 

12 (9) studies that led to the designation of the 

13 Iditarod National Historic Trail, the Seward High14 way All American Road, and the Alaska Railroad 

15 National Scenic Railroad— 

16 (A) determined the national significance of 

17 separate transportation routes traversing the 

18 region; and 

19 (B) illustrate the national significance of 

20 heritage resources in the region; 

21 (10) designation of the transportation corridor 

22 as a national heritage area— 

23 (A) provides for a comprehensive interpre24 tation of human history in the wide transpor25 tation corridor through the Kenai Mountains 


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1 and upper Turnagain Arm, including early Na2 tive trade routes, historic waterways, mining 

3 trails, historic communities, and the 3 des4 ignated routes of national significance referred 

5 to in paragraph (9); 

6 (B) recognizes the national significance of 

7 the Kenai Mountains-Turnagain Arm transpor8 tation corridor, including— 

9 (i) the historic and modern resource 

10 development of the transportation corridor; 

11 and 

12 (ii) the cultural, natural, and rec13 reational resources and landscapes of the 

14 transportation corridor; and 

15 (C) would provide assistance to local com16 munities, Indian tribes, and residents of the 

17 transportation corridor in— 

18 (i) preserving and interpreting cul19 tural and historic resources; and 

20 (ii) fostering cooperative planning and 

21 partnerships; 

22 (11) an additional feasibility study for the Her23 itage Area is not needed before designation of the 

24 Heritage Area because the studies referred to in 

25 paragraph (9) provide sufficient documentation of— 


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1 (A) the national significance of heritage re2 sources in the region; and 

3 (B) the support of local communities for 

4 designation of the Heritage Area; and 

5 (12) the Kenai Mountains-Turnagain Arm Na6 tional Forest Heritage Corridor Communities Asso7 ciation— 

8 (A) has been formed as a nonprofit cor9 poration to act as the Local Coordinating Enti10 ty for the Heritage Area; and 

11 (B) is governed by bylaws that define the 

12 purposes of the Association as the purposes es13 tablished by Congress for the Kenai Mountains14 Turnagain Arm National Forest Heritage Area. 

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

16 (1) to recognize, preserve, and interpret the his17 toric and modern resource development and cultural 

18 landscapes of the Kenai Mountains-Turnagain Arm 

19 historic transportation corridor; and 

20 (2) to promote and facilitate the public enjoy21 ment of the resources. 

22 SEC. 3. DEFINITIONS. 

23 In this Act: 

24 (1) HERITAGE AREA.—The term ‘‘Heritage 

25 Area’’ means the Kenai Mountains-Turnagain Arm 


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1 National Forest Heritage Area established by sec2 tion 4(a). 

3 (2) LOCAL COORDINATING ENTITY.—The term 

4 ‘‘Local Coordinating Entity’’ means the local coordi5 nating entity for the Heritage Area designated by 

6 section 5(a). 

7 (3) MANAGEMENT PLAN.—The term ‘‘manage8 ment plan’’ means the management plan for the 

9 Heritage Area developed under section 6. 

10 (4) MAP.—The term ‘‘map’’ means the map en11 titled ‘‘Draft Proposed NHA Kenai Mountains12 Turnagain Arm’’ and dated August 7, 2007. 

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

14 the Secretary of Agriculture. 

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

16 of Alaska. 

17 SEC. 4. ESTABLISHMENT OF KENAI MOUNTAINS18 TURNAGAIN ARM NATIONAL FOREST HERIT19 AGE AREA. 

20 (a) ESTABLISHMENT.—There is established in the 

21 State the Kenai Mountains-Turnagain Arm National For22 est Heritage Area. 

23 (b) BOUNDARIES.—The Heritage Area shall be com24 prised of the land in the Kenai Mountains and upper 

25 Turnagain Arm region, as generally depicted on the map. 


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1 (c) AVAILABILITY OF MAP.—The map shall be on file 

2 and available for public inspection in— 

3 (1) the appropriate offices of the Forest Serv4 ice, Chugach National Forest; 

5 (2) the Alaska Regional Office of the National 

6 Park Service; and 

7 (3) the Alaska State Historic Preservation Offi8 cer. 

9 SEC. 5. LOCAL COORDINATING ENTITY. 

10 (a) DESIGNATION.—The Kenai Mountains11 Turnagain Arm National Forest Heritage Corridor Com12 munities Association, a nonprofit corporation chartered in 

13 the State, shall be the local coordinating entity for the 

14 Heritage Area. 

15 (b) DUTIES.—To further the purposes of the Herit16 age Area, the Local Coordinating Entity shall— 

17 (1) in accordance with section 6, prepare and 

18 submit to the Secretary a management plan for the 

19 Heritage Area; 

20 (2) for any fiscal year for which the Local Co21 ordinating Entity receives Federal funds under this 

22 Act— 

23 (A) submit an annual report to the Sec24 retary that describes— 


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1 (i) the specific performance goals and 

2 accomplishments of the Local Coordinating 

3 Entity; 

4 (ii) the expenses and income of the 

5 Local Coordinating Entity; 

6 (iii) the amounts and sources of 

7 matching funds; 

8 (iv) the amounts leveraged with Fed9 eral funds and the sources of the 

10 leveraging; and 

11 (v) any grants made to any other enti12 ties during the fiscal year; and 

13 (B) make available to the Secretary for 

14 audit any information relating to the expendi15 ture of— 

16 (i) the Federal funds; and 

17 (ii) any matching funds; and 

18 (3) encourage, consistent with the purposes of 

19 the Heritage Area, the economic viability and sus20 tainability of the Heritage Area. 

21 (c) AUTHORITIES.—For the purposes of developing 

22 and implementing the management plan for the Heritage 

23 Area, and subject to section 9(c), the Local Coordinating 

24 Entity may use Federal funds made available under this 

25 Act to— 


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1 (1) make grants to units of local government, 

2 nonprofit organizations, and other parties within the 

3 Heritage Area; 

4 (2) enter into agreements with, or provide tech5 nical assistance to, Federal agencies, units of local 

6 government, nonprofit organizations, and other in7 terested parties; 

8 (3) hire and compensate staff, including individ9 uals with expertise in— 

10 (A) natural, historic, cultural, educational, 

11 scenic, and recreational resource conservation; 

12 (B) economic and community development; 

13 and 

14 (C) heritage planning; 

15 (4) obtain funds or services from any source, 

16 including other Federal laws or programs; 

17 (5) contract for goods or services; and 

18 (6) support activities of partners and any other 

19 activities that— 

20 (A) further the purposes of the Heritage 

21 Area; and 

22 (B) are consistent with the management 

23 plan. 

24 (d) PUBLIC MEETINGS.— 


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1 (1) IN GENERAL.—Annually, the Local Coordi2 nating Entity shall conduct at least 2 meetings open 

3 to the public regarding the development and imple4 mentation of the management plan. 

5 (2) NOTICE; AVAILABILITY OF MINUTES.—The 

6 Local Coordinating Entity shall— 

7 (A) publish a notice of each public meeting 

8 in a newspaper of general circulation in the 

9 Heritage Area; and 

10 (B) make the minutes of the meeting avail11 able to the public. 

12 (e) PROHIBITION ON ACQUISITION OF REAL PROP13 ERTY.—The Local Coordinating Entity shall not use Fed14 eral funds authorized under this Act to acquire any inter15 est in real property. 

16 SEC. 6. MANAGEMENT PLAN. 

17 (a) IN GENERAL.—Not later than 3 years after the 

18 date on which funds are first made available to develop 

19 the management plan, the Local Coordinating Entity shall 

20 submit to the Secretary for approval a management plan 

21 for the Heritage Area. 

22 (b) REQUIREMENTS.—The management plan shall— 

23 (1) include— 

24 (A) a list of comprehensive policies, goals, 

25 strategies, and recommendations for actions 


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1 and projects consistent with the purposes of the 

2 Heritage Area; 

3 (B) a description of proposed actions and 

4 financial commitments of governments (includ5 ing tribal governments) and private organiza6 tions that would accomplish the purposes of the 

7 Heritage Area; 

8 (C) a description of the role and participa9 tion of the Federal Government and State, trib10 al, and local governments that have jurisdiction 

11 over land within the Heritage Area; and 

12 (D) an inventory of the natural, historic, 

13 cultural, educational, scenic, and recreational 

14 resources of the Heritage Area that should be 

15 protected, enhanced, interpreted, managed, 

16 funded, and developed; 

17 (2) identify existing and potential sources of 

18 funding to accomplish the recommended actions and 

19 projects for the Heritage Area; 

20 (3) include a business plan that— 

21 (A) describes the role, operation, financing, 

22 and functions of— 

23 (i) the Local Coordinating Entity; and 

24 (ii) each of the major activities ad25 dressed in the management plan; and 


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1 (B) provides adequate assurances that the 

2 Local Coordinating Entity has the partnerships 

3 and financial and other resources necessary to 

4 implement the management plan; and 

5 (4) be consistent with Federal, State, borough, 

6 and local plans, including— 

7 (A) the plans for the Chugach National 

8 Forest and the Kenai Fjords National Park; 

9 and 

10 (B) State transportation and historic man11 agement plans. 

12 (c) TERMINATION OF FUNDING.—If the Local Co13 ordinating Entity does not submit the management plan 

14 to the Secretary by the date that is 3 years after the date 

15 on which funds are first made available to develop the 

16 management plan, the Local Coordinating Entity shall be 

17 ineligible to receive additional funding under this Act until 

18 the date on which the management plan is approved by 

19 the Secretary. 

20 (d) APPROVAL AND DISAPPROVAL OF MANAGEMENT

21 PLAN.— 

22 (1) IN GENERAL.—Not later than 180 days 

23 after the date of receipt of the management plan 

24 under subsection (a), the Secretary shall approve or 

25 disapprove the management plan. 


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1 (2) CONSIDERATIONS.—In determining whether 

2 to approve or disapprove the management plan 

3 under paragraph (1), the Secretary shall consider 

4 whether— 

5 (A) the Local Coordinating Entity— 

6 (i) has afforded adequate opportuni7 ties for public and governmental involve8 ment in the preparation of the manage9 ment plan; and 

10 (ii) provides for at least semiannual 

11 public meetings to ensure adequate imple12 mentation of the management plan; 

13 (B) the resource protection, enhancement, 

14 interpretation, funding, management, and de15 velopment strategies described in the manage16 ment plan, if implemented, would adequately 

17 protect, enhance, interpret, fund, manage, and 

18 develop the natural, historic, cultural, edu19 cational, scenic, and recreational resources of 

20 the Heritage Area; 

21 (C) the management plan— 

22 (i) is consistent with applicable Fed23 eral, State, borough, and local plans; and 

24 (ii) would not adversely affect any ac25 tivities authorized on Federal land; 


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1 (D) the Local Coordinating Entity, in 

2 partnership with other entities, has dem3 onstrated the financial capability to carry out 

4 the management plan; 

5 (E) the Secretary has received adequate 

6 assurances from State and local officials, the 

7 support of which is needed to ensure the effec8 tive implementation of the State and local ele9 ments of the management plan; and 

10 (F) the management plan demonstrates 

11 sufficient partnerships among the Local Coordi12 nating Entity, the Federal Government, State 

13 and local governments, regional planning orga14 nizations, nonprofit organizations, or private 

15 sector parties to implement the management 

16 plan. 

17 (3) ACTION FOLLOWING DISAPPROVAL.—If the 

18 Secretary disapproves the management plan under 

19 paragraph (1), the Secretary shall— 

20 (A) advise the Local Coordinating Entity 

21 in writing of the reasons for the disapproval; 

22 (B) make recommendations for revisions to 

23 the management plan; and 

24 (C) not later than 180 days after the re25 ceipt of any proposed revision of the manageVerDate Aug 31 2005 04:49 Sep 17, 2008 Jkt 069200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6401 E:\BILLS\S3045.RS S3045

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1 ment plan, approve or disapprove the proposed 

2 revision. 

3 (e) AMENDMENTS.— 

4 (1) IN GENERAL.—The Secretary shall review 

5 and approve any substantial amendments to the 

6 management plan in accordance with subsection (d). 

7 (2) USE OF FUNDS.—Funds made available 

8 under this Act shall not be expended by the Local 

9 Coordinating Entity to implement any changes made 

10 by an amendment described in paragraph (1) until 

11 the Secretary approves the amendment. 

12 (f) IMPLEMENTATION.—In implementing the man13 agement plan, the Local Coordinating Entity shall give 

14 priority to— 

15 (1) carrying out programs that recognize impor16 tant resource values within the Heritage Area; 

17 (2) encouraging economic viability in the af18 fected communities; 

19 (3) establishing and maintaining interpretive 

20 exhibits within the Heritage Area; 

21 (4) improving and interpreting heritage trails; 

22 (5) increasing public awareness of, and appre23 ciation for, the natural, historic, and cultural re24 sources of the Heritage Area, including the contribu25 tions of local Indian tribes; 


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1 (6) providing opportunities for expanding the 

2 public perception of the need for modern resource 

3 development of the Heritage Area; 

4 (7) restoring historic buildings and structures 

5 that are located within the Heritage Area; and 

6 (8) ensuring that clear, consistent, and appro7 priate signs identifying public access points and sites 

8 of interest are appropriately placed in the Heritage 

9 Area. 

10 SEC. 7. DUTIES AND AUTHORITIES OF THE SECRETARY. 

11 (a) MEMORANDUM OF UNDERSTANDING.—The Sec12 retary shall enter into a memorandum of understanding 

13 with the Secretary of the Interior to establish a general 

14 framework for cooperation and consultation in the devel15 opment and implementation of the management plan. 

16 (b) AUTHORITIES.—The Secretary may— 

17 (1) subject to the availability of funds, provide 

18 technical and financial assistance for the develop19 ment and implementation of the management plan; 

20 (2) enter into cooperative agreements with in21 terested parties to carry out this Act; and 

22 (3) in partnership with the Local Coordinating 

23 Entity, provide information on, promote under24 standing of, and encourage research on the Heritage 

25 Area. 


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1 (c) INFORMATION RELEASED BY THE SECRETARY OF

2 THE INTERIOR.—The Secretary of the Interior shall in3 clude the Heritage Area in all nationwide releases, listings, 

4 or maps that provide public information about the system 

5 of national heritage areas. 

6 SEC. 8. PRIVATE PROPERTY PROTECTIONS. 

7 (a) IN GENERAL.—Nothing in this Act— 

8 (1) grants powers of zoning or management of 

9 land use to the Local Coordinating Entity; 

10 (2) modifies, enlarges, or diminishes any au11 thority of the Federal Government or any State, 

12 tribal, or local government to manage or regulate 

13 any use of land under applicable laws (including reg14 ulations); 

15 (3) requires any private property owner to allow 

16 public access to the private property, including ac17 cess by the Federal Government or tribal, State, or 

18 local governments; 

19 (4) modifies any provision of Federal, tribal, 

20 State, or local law with respect to public access to, 

21 or use of, private property; 

22 (5) obstructs or limits— 

23 (A) business activities on private develop24 ments; or 

25 (B) resource development activities; 


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1 (6) affects the rights of private property own2 ers; 

3 (7) restricts or limits an Indian tribe from pro4 tecting cultural or religious sites on tribal or Native 

5 Corporation land; or 

6 (8) requires the owner of any private property 

7 located within the boundaries of the Heritage Area 

8 to participate in, or be associated with, the Heritage 

9 Area. 

10 (b) APPLICABLE LAW.—Designation of the Heritage 

11 Area under this Act does not convey status to the Heritage 

12 Area as a conservation system unit (as defined in section 

13 102 of the Alaska National Interest Lands Conservation 

14 Act (16 U.S.C. 3102)). 

15 (c) LIABILITY.—Designation of the Heritage Area 

16 does not create any liability for, or affect any liability 

17 under any other law of, any private property owner with 

18 respect to a person injured on the private property. 

19 (d) EFFECT OF ESTABLISHMENT.—Designation of 

20 the Heritage Area does not establish any regulatory au21 thority on land use within the Heritage Area or the 

22 viewshed for the Federal Government or any State or local 

23 government. 


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1 SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 

2 (a) IN GENERAL.—Subject to subsection (b), there 

3 are authorized to be appropriated and made available to 

4 the Local Coordinating Entity to carry out the develop5 ment and implementation of the management plan— 

6 (1) $350,000 for fiscal year 2008; and 

7 (2) $500,000 for fiscal year 2009 and each fis8 cal year thereafter. 

9 (b) LIMITATION.—Notwithstanding subsection (a), 

10 not more than $7,500,000 is authorized to be appro11 priated for the Heritage Area. 

12 (c) COST SHARING REQUIREMENT.—To the max13 imum extent practicable, the Federal share of the total 

14 cost of any activity carried out using assistance under this 

15 Act shall be not more than 75 percent, including the con16 tribution of in-kind services. 

17 SEC. 10. TERMINATION OF AUTHORITY. 

18 The authority of the Secretary to provide assistance 

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

20 after the date of enactment of this Act. 

21 SECTION 1. SHORT TITLE. 

22 This Act may be cited as the ‘‘Kenai Mountains23 Turnagain Arm National Heritage Area Act’’. 

24 SEC. 2. DEFINITIONS. 

25 In this Act: 


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1 (1) HERITAGE AREA.—The term ‘‘Heritage 

2 Area’’ means the Kenai Mountains-Turnagain Arm 

3 National Heritage Area established by section 3(a). 

4 (2) LOCAL COORDINATING ENTITY.—The term 

5 ‘‘local coordinating entity’’ means the Kenai Moun6 tains-Turnagain Arm Corridor Communities Associa7 tion. 

8 (3) MANAGEMENT PLAN.—The term ‘‘manage9 ment plan’’ means the plan prepared by the local co10 ordinating entity for the Heritage Area that specifies 

11 actions, policies, strategies, performance goals, and 

12 recommendations to meet the goals of the Heritage 

13 Area, in accordance with this Act. 

14 (4) MAP.—The term ‘‘map’’ means the map enti15 tled ‘‘Proposed NHA Kenai Mountains Turnagain 

16 Arm’’ and dated August 7, 2007. 

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

18 the Secretary of the Interior. 

19 SEC. 3. DESIGNATION OF THE KENAI MOUNTAIN20 TURNAGAIN ARM NATIONAL HERITAGE AREA. 

21 (a) ESTABLISHMENT.—There is established the Kenai 

22 Mountain-Turnagain Arm National Heritage Area. 

23 (b) BOUNDARIES.—The Heritage Area shall be com24 prised of the land in the Kenai Mountains and upper 

25 Turnagain Arm region, as generally depicted on the map. 


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1 (c) AVAILABILITY OF MAP.—The map shall be on file 

2 and available for public inspection in— 

3 (1) the appropriate offices of the Forest Service, 

4 Chugach National Forest; 

5 (2) the Alaska Regional Office of the National 

6 Park Service; and 

7 (3) the office of the Alaska State Historic Preser8 vation Officer. 

9 SEC. 4. MANAGEMENT PLAN. 

10 (a) LOCAL COORDINATING ENTITY.—The local coordi11 nating entity, in partnership with other interested parties, 

12 shall develop a management plan for the Heritage Area in 

13 accordance with this section. 

14 (b) REQUIREMENTS.—The management plan for the 

15 Heritage Area shall— 

16 (1) describe comprehensive policies, goals, strate17 gies, and recommendations for use in— 

18 (A) telling the story of the heritage of the 

19 area covered by the Heritage Area; and 

20 (B) encouraging long-term resource protec21 tion, enhancement, interpretation, funding, man22 agement, and development of the Heritage Area; 

23 (2) include a description of actions and commit24 ments that the Federal Government, State, tribal, and 

25 local governments, private organizations, and citizens 


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1 will take to protect, enhance, interpret, fund, manage, 

2 and develop the natural, historical, cultural, edu3 cational, scenic, and recreational resources of the Her4 itage Area; 

5 (3) specify existing and potential sources of 

6 funding or economic development strategies to protect, 

7 enhance, interpret, fund, manage, and develop the 

8 Heritage Area; 

9 (4) include an inventory of the natural, histor10 ical, cultural, educational, scenic, and recreational re11 sources of the Heritage Area relating to the national 

12 importance and themes of the Heritage Area that 

13 should be protected, enhanced, interpreted, managed, 

14 funded, and developed; 

15 (5) recommend policies and strategies for re16 source management, including the development of 

17 intergovernmental and interagency agreements to pro18 tect, enhance, interpret, fund, manage, and develop 

19 the natural, historical, cultural, educational, scenic, 

20 and recreational resources of the Heritage Area; 

21 (6) describe a program for implementation for 

22 the management plan, including— 

23 (A) performance goals; 


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1 (B) plans for resource protection, enhance2 ment, interpretation, funding, management, and 

3 development; and 

4 (C) specific commitments for implementa5 tion that have been made by the local coordi6 nating entity or any Federal, State, tribal, or 

7 local government agency, organization, business, 

8 or individual; 

9 (7) include an analysis of, and recommendations 

10 for, means by which Federal, State, tribal, and local 

11 programs may best be coordinated (including the role 

12 of the National Park Service, the Forest Service, and 

13 other Federal agencies associated with the Heritage 

14 Area) to further the purposes of this Act; and 

15 (8) include a business plan that— 

16 (A) describes the role, operation, financing, 

17 and functions of the local coordinating entity 

18 and each of the major activities contained in the 

19 management plan; and 

20 (B) provides adequate assurances that the 

21 local coordinating entity has the partnerships 

22 and financial and other resources necessary to 

23 implement the management plan for the Herit24 age Area. 

25 (c) DEADLINE.— 


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1 (1) IN GENERAL.—Not later than 3 years after 

2 the date on which funds are first made available to 

3 develop the management plan after the date of enact4 ment of this Act, the local coordinating entity shall 

5 submit the management plan to the Secretary for ap6 proval. 

7 (2) TERMINATION OF FUNDING.—If the manage8 ment plan is not submitted to the Secretary in ac9 cordance with paragraph (1), the local coordinating 

10 entity shall not qualify for any additional financial 

11 assistance under this Act until such time as the man12 agement plan is submitted to and approved by the 

13 Secretary. 

14 (d) APPROVAL OF MANAGEMENT PLAN.— 

15 (1) REVIEW.—Not later than 180 days after re16 ceiving the management plan under subsection (c), 

17 the Secretary shall review and approve or disapprove 

18 the management plan for a Heritage Area on the 

19 basis of the criteria established under paragraph (3). 

20 (2) CONSULTATION.—The Secretary shall consult 

21 with the Governor of the State in which the Heritage 

22 Area is located before approving a management plan 

23 for the Heritage Area. 


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1 (3) CRITERIA FOR APPROVAL.—In determining 

2 whether to approve a management plan for the Herit3 age Area, the Secretary shall consider whether— 

4 (A) the local coordinating entity represents 

5 the diverse interests of the Heritage Area, includ6 ing the Federal Government, State, tribal, and 

7 local governments, natural and historical re8 source protection organizations, educational in9 stitutions, businesses, recreational organizations, 

10 community residents, and private property own11 ers; 

12 (B) the local coordinating entity— 

13 (i) has afforded adequate opportunity 

14 for public and Federal, State, tribal, and 

15 local governmental involvement (including 

16 through workshops and hearings) in the 

17 preparation of the management plan; and 

18 (ii) provides for at least semiannual 

19 public meetings to ensure adequate imple20 mentation of the management plan; 

21 (C) the resource protection, enhancement, 

22 interpretation, funding, management, and devel23 opment strategies described in the management 

24 plan, if implemented, would adequately protect, 

25 enhance, interpret, fund, manage, and develop 


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1 the natural, historical, cultural, educational, sce2 nic, and recreational resources of the Heritage 

3 Area; 

4 (D) the management plan would not ad5 versely affect any activities authorized on Fed6 eral land under public land laws or land use 

7 plans; 

8 (E) the local coordinating entity has dem9 onstrated the financial capability, in partner10 ship with other interested parties, to carry out 

11 the plan; 

12 (F) the Secretary has received adequate as13 surances from the appropriate State, tribal, and 

14 local officials whose support is needed to ensure 

15 the effective implementation of the State, tribal, 

16 and local elements of the management plan; and 

17 (G) the management plan demonstrates 

18 partnerships among the local coordinating enti19 ty, Federal Government, State, tribal, and local 

20 governments, regional planning organizations, 

21 nonprofit organizations, or private sector parties 

22 for implementation of the management plan. 

23 (4) DISAPPROVAL.— 

24 (A) IN GENERAL.—If the Secretary dis25 approves the management plan, the Secretary— 


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1 (i) shall advise the local coordinating 

2 entity in writing of the reasons for the dis3 approval; and 

4 (ii) may make recommendations to the 

5 local coordinating entity for revisions to the 

6 management plan. 

7 (B) DEADLINE.—Not later than 180 days 

8 after receiving a revised management plan, the 

9 Secretary shall approve or disapprove the revised 

10 management plan. 

11 (5) AMENDMENTS.— 

12 (A) IN GENERAL.—An amendment to the 

13 management plan that substantially alters the 

14 purposes of the Heritage Area shall be reviewed 

15 by the Secretary and approved or disapproved in 

16 the same manner as the original management 

17 plan. 

18 (B) IMPLEMENTATION.—The local coordi19 nating entity shall not use Federal funds author20 ized by this Act to implement an amendment to 

21 the management plan until the Secretary ap22 proves the amendment. 

23 (6) AUTHORITIES.—The Secretary may— 


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1 (A) provide technical assistance under the 

2 authority of this Act for the development and 

3 implementation of the management plan; and 

4 (B) enter into cooperative agreements with 

5 interested parties to carry out this Act. 

6 SEC. 5. EVALUATION; REPORT. 

7 (a) IN GENERAL.—Not later than 3 years before the 

8 date on which authority for Federal funding terminates for 

9 the Heritage Area under this Act, the Secretary shall— 

10 (1) conduct an evaluation of the accomplish11 ments of the Heritage Area; and 

12 (2) prepare a report in accordance with sub13 section (c). 

14 (b) EVALUATION.—An evaluation conducted under 

15 subsection (a)(1) shall— 

16 (1) assess the progress of the local coordinating 

17 entity with respect to— 

18 (A) accomplishing the purposes of the au19 thorizing legislation for the Heritage Area; and 

20 (B) achieving the goals and objectives of the 

21 approved management plan for the Heritage 

22 Area; 

23 (2) analyze the Federal, State, tribal, local, and 

24 private investments in the Heritage Area to determine 

25 the impact of the investments; and 


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1 (3) review the management structure, partner2 ship relationships, and funding of the Heritage Area 

3 for purposes of identifying the critical components for 

4 sustainability of the Heritage Area. 

5 (c) REPORT.—Based on the evaluation conducted 

6 under subsection (a)(1), the Secretary shall submit to the 

7 Committee on Energy and Natural Resources of the Senate 

8 and the Committee on Natural Resources of the House of 

9 Representatives a report that includes recommendations for 

10 the future role of the National Park Service, if any, with 

11 respect to the Heritage Area. 

12 SEC. 6. LOCAL COORDINATING ENTITY. 

13 (a) DUTIES.—To further the purposes of the Heritage 

14 Area, in addition to developing the management plan for 

15 the Heritage Area under section 4, the local coordinating 

16 entity shall— 

17 (1) serve to facilitate and expedite the implemen18 tation of projects and programs among diverse part19 ners in the Heritage Area; 

20 (2) submit an annual report to the Secretary for 

21 each fiscal year for which the local coordinating enti22 ty receives Federal funds under this Act, specifying— 

23 (A) the specific performance goals and ac24 complishments of the local coordinating entity; 


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1 (B) the expenses and income of the local co2 ordinating entity; 

3 (C) the amounts and sources of matching 

4 funds; 

5 (D) the amounts leveraged with Federal 

6 funds and sources of the leveraging; and 

7 (E) grants made to any other entities dur8 ing the fiscal year; 

9 (3) make available for audit for each fiscal year 

10 for which the local coordinating entity receives Fed11 eral funds under this Act, all information pertaining 

12 to the expenditure of the funds and any matching 

13 funds; and 

14 (4) encourage economic viability and sustain15 ability that is consistent with the purposes of the Her16 itage Area. 

17 (b) AUTHORITIES.—For the purpose of preparing and 

18 implementing the approved management plan for the Her19 itage Area under section 4, the local coordinating entity 

20 may use Federal funds made available under this Act— 

21 (1) to make grants to political jurisdictions, non22 profit organizations, and other parties within the 

23 Heritage Area; 

24 (2) to enter into cooperative agreements with or 

25 provide technical assistance to political jurisdictions, 


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1 nonprofit organizations, Federal agencies, and other 

2 interested parties; 

3 (3) to hire and compensate staff, including indi4 viduals with expertise in— 

5 (A) natural, historical, cultural, edu6 cational, scenic, and recreational resource con7 servation; 

8 (B) economic and community development; 

9 and 

10 (C) heritage planning; 

11 (4) to obtain funds or services from any source, 

12 including other Federal programs; 

13 (5) to enter into contracts for goods or services; 

14 and 

15 (6) to support activities of partners and any 

16 other activities that further the purposes of the Herit17 age Area and are consistent with the approved man18 agement plan. 

19 (c) PROHIBITION ON ACQUISITION OF REAL PROP20 ERTY.—The local coordinating entity may not use Federal 

21 funds authorized under this Act to acquire any interest in 

22 real property. 


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1 SEC. 7. RELATIONSHIP TO OTHER FEDERAL AGENCIES. 

2 (a) IN GENERAL.—Nothing in this Act affects the au3 thority of a Federal agency to provide technical or financial 

4 assistance under any other provision of law. 

5 (b) CONSULTATION AND COORDINATION.—The head of 

6 any Federal agency planning to conduct activities that may 

7 have an impact on a Heritage Area is encouraged to consult 

8 and coordinate the activities with the Secretary and the 

9 local coordinating entity, to the maximum extent prac10 ticable. 

11 (c) OTHER FEDERAL AGENCIES.—Nothing in this 

12 Act— 

13 (1) modifies, alters, or amends any law (includ14 ing a regulation) authorizing a Federal agency to 

15 manage Federal land under the jurisdiction of the 

16 Federal agency; 

17 (2) limits the discretion of a Federal land man18 ager to implement an approved land use plan within 

19 the boundaries of a Heritage Area; or 

20 (3) modifies, alters, or amends any authorized 

21 use of Federal land under the jurisdiction of a Fed22 eral agency. 

23 SEC. 8. PRIVATE PROPERTY AND REGULATORY PROTEC24 TIONS. 

25 Nothing in this Act— 


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1 (1) abridges the rights of any property owner 

2 (whether public or private), including the right to re3 frain from participating in any plan, project, pro4 gram, or activity conducted within the Heritage Area; 

5 (2) requires any property owner to permit public 

6 access (including access by Federal, State, tribal, or 

7 local agencies) to the property of the property owner, 

8 or to modify public access or use of property of the 

9 property owner under any other Federal, State, trib10 al, or local law; 

11 (3) alters any duly adopted land use regulation, 

12 approved land use plan, or other regulatory authority 

13 (such as the authority to make safety improvements 

14 or increase the capacity of existing roads or to con15 struct new roads) of any Federal, State, tribal, or 

16 local agency, or conveys any land use or other regu17 latory authority to any local coordinating entity, in18 cluding development and management of energy or 

19 water or water-related infrastructure; 

20 (4) authorizes or implies the reservation or ap21 propriation of water or water rights; 

22 (5) diminishes the authority of any State to 

23 manage fish and wildlife, including the regulation of 

24 fishing and hunting within the Heritage Area; or 


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1 (6) creates any liability, or affects any liability 

2 under any other law, of any private property owner 

3 with respect to any person injured on the private 

4 property. 

5 SEC. 9. FUNDING. 

6 (a) AUTHORIZATION OF APPROPRIATIONS.—Subject to 

7 subsection (b), there is authorized to be appropriated to 

8 carry out this Act $1,000,000 for each fiscal year, to remain 

9 available until expended. 

10 (b) LIMITATION ON TOTAL AMOUNTS APPRO11 PRIATED.—Not more than a total of $10,000,000 may be 

12 made available to carry out this Act. 

13 (c) COST-SHARING.— 

14 (1) IN GENERAL.—The Federal share of the total 

15 cost of any activity carried out under this Act shall 

16 not exceed 50 percent. 

17 (2) FORM OF NON-FEDERAL SHARE.—The non18 Federal share of the cost of any activity carried out 

19 under this Act may be provided in the form of in20 kind contributions of goods or services fairly valued. 


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Calendar No. 995 

110TH CONGRESS 

2D SESSION S. 3045 

A BILL 

To establish the Kenai Mountains-Turnagain Arm 

Alaska, and for other purposes. National Forest Heritage Area in the State of 

SEPTEMBER 16, 2008 

Reported with an amendment 


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