II 

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 

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’’. 

6 SEC. 2. FINDINGS AND PURPOSES. 

7 (a) FINDINGS.—Congress finds that— 

8 (1) the Kenai Mountains-Turnagain Arm trans9 portation corridor— 

10 (A) is a major gateway to Alaska; 


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1 (B) includes a range of transportation 

2 routes used by— 

3 (i) indigenous people; and 

4 (ii) the pioneers that settled the last 

5 frontier of the United States; 

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

7 National Forest, which was established by pres8 idential proclamation on July 23, 1907, by 

9 Theodore Roosevelt; and 

10 (D) includes a historically significant seg11 ment of the Iditarod Trail connecting Seward 

12 and Nome, which was— 

13 (i) scouted by the Alaska Road Com14 mission in 1908; and 

15 (ii) designated as the Iditarod Na16 tional Historic Trail in 1978; 

17 (2) the cultural landscape formed by indigenous 

18 people and by settlement, transportation, and mod19 ern resource development in the rugged and often 

20 treacherous natural setting of the transportation 

21 corridor provides a powerful testimony to the human 

22 fortitude, perseverance, and resourcefulness of the 

23 people who— 

24 (A) settled the frontier; and 


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1 (B) represent the proudest heritage of the 

2 United States; 

3 (3) the natural history and scenic splendor of 

4 the transportation corridor are equally outstanding; 

5 (4) the transportation corridor includes vistas 

6 of the power of nature, such as evidence of earth7 quake subsidence, recent avalanches, retreating gla8 ciers, and tidal action along Turnagain Arm, which 

9 has the second greatest tidal range in the world; 

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

11 preserving, promoting, and interpreting the re12 sources of the transportation corridor; 

13 (6) the Kenai Mountains-Turnagain Arm region 

14 is— 

15 (A) geographically and culturally cohesive; 

16 and 

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

18 trails, water, railroads, and roadways through a 

19 distinct landscape of mountains, lakes, and 

20 fjords; 

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

22 and transportation corridor through which indige23 nous people, explorers, missionaries, gold miners, 

24 cannery workers, big game hunters, homesteaders, 

25 foresters, railroad workers, military personnel, and 


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1 petroleum developers traveled into southcentral and 

2 interior Alaska as part of the waves of travel that 

3 characterized the history of the United States; 

4 (8) the region exhibits a high degree of integ5 rity with vast tracks of rugged, undeveloped areas 

6 and natural scenery that still look much as the area 

7 did to the original inhabitants, the indigenous peo8 ple, and early explorers and pioneers of the region; 

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

10 Iditarod National Historic Trail, the Seward High11 way All American Road, and the Alaska Railroad 

12 National Scenic Railroad— 

13 (A) determined the national significance of 

14 separate transportation routes traversing the 

15 region; and 

16 (B) illustrate the national significance of 

17 heritage resources in the region; 

18 (10) designation of the transportation corridor 

19 as a national heritage area— 

20 (A) provides for a comprehensive interpre21 tation of human history in the wide transpor22 tation corridor through the Kenai Mountains 

23 and upper Turnagain Arm, including early Na24 tive trade routes, historic waterways, mining 

25 trails, historic communities, and the 3 desVerDate Aug 31 2005 01:54 May 24, 2008 Jkt 069200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3045.IS S3045

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1 ignated routes of national significance referred 

2 to in paragraph (9); 

3 (B) recognizes the national significance of 

4 the Kenai Mountains-Turnagain Arm transpor5 tation corridor, including— 

6 (i) the historic and modern resource 

7 development of the transportation corridor; 

8 and 

9 (ii) the cultural, natural, and rec10 reational resources and landscapes of the 

11 transportation corridor; and 

12 (C) would provide assistance to local com13 munities, Indian tribes, and residents of the 

14 transportation corridor in— 

15 (i) preserving and interpreting cul16 tural and historic resources; and 

17 (ii) fostering cooperative planning and 

18 partnerships; 

19 (11) an additional feasibility study for the Her20 itage Area is not needed before designation of the 

21 Heritage Area because the studies referred to in 

22 paragraph (9) provide sufficient documentation of— 

23 (A) the national significance of heritage re24 sources in the region; and 


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1 (B) the support of local communities for 

2 designation of the Heritage Area; and 

3 (12) the Kenai Mountains-Turnagain Arm Na4 tional Forest Heritage Corridor Communities Asso5 ciation— 

6 (A) has been formed as a nonprofit cor7 poration to act as the Local Coordinating Enti8 ty for the Heritage Area; and 

9 (B) is governed by bylaws that define the 

10 purposes of the Association as the purposes es11 tablished by Congress for the Kenai Mountains12 Turnagain Arm National Forest Heritage Area. 

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

14 (1) to recognize, preserve, and interpret the his15 toric and modern resource development and cultural 

16 landscapes of the Kenai Mountains-Turnagain Arm 

17 historic transportation corridor; and 

18 (2) to promote and facilitate the public enjoy19 ment of the resources. 

20 SEC. 3. DEFINITIONS. 

21 In this Act: 

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

23 Area’’ means the Kenai Mountains-Turnagain Arm 

24 National Forest Heritage Area established by sec25 tion 4(a). 


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1 (2) LOCAL COORDINATING ENTITY.—The term 

2 ‘‘Local Coordinating Entity’’ means the local coordi3 nating entity for the Heritage Area designated by 

4 section 5(a). 

5 (3) MANAGEMENT PLAN.—The term ‘‘manage6 ment plan’’ means the management plan for the 

7 Heritage Area developed under section 6. 

8 (4) MAP.—The term ‘‘map’’ means the map en9 titled ‘‘Draft Proposed NHA Kenai Mountains10 Turnagain Arm’’ and dated August 7, 2007. 

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

12 the Secretary of Agriculture. 

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

14 of Alaska. 

15 SEC. 4. ESTABLISHMENT OF KENAI MOUNTAINS16 TURNAGAIN ARM NATIONAL FOREST HERIT17 AGE AREA. 

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

19 State the Kenai Mountains-Turnagain Arm National For20 est Heritage Area. 

21 (b) BOUNDARIES.—The Heritage Area shall be com22 prised of the land in the Kenai Mountains and upper 

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

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

25 and available for public inspection in— 


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1 (1) the appropriate offices of the Forest Serv2 ice, Chugach National Forest; 

3 (2) the Alaska Regional Office of the National 

4 Park Service; and 

5 (3) the Alaska State Historic Preservation Offi6 cer. 

7 SEC. 5. LOCAL COORDINATING ENTITY. 

8 (a) DESIGNATION.—The Kenai Mountains9 Turnagain Arm National Forest Heritage Corridor Com10 munities Association, a nonprofit corporation chartered in 

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

12 Heritage Area. 

13 (b) DUTIES.—To further the purposes of the Herit14 age Area, the Local Coordinating Entity shall— 

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

16 submit to the Secretary a management plan for the 

17 Heritage Area; 

18 (2) for any fiscal year for which the Local Co19 ordinating Entity receives Federal funds under this 

20 Act— 

21 (A) submit an annual report to the Sec22 retary that describes— 

23 (i) the specific performance goals and 

24 accomplishments of the Local Coordinating 

25 Entity; 


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1 (ii) the expenses and income of the 

2 Local Coordinating Entity; 

3 (iii) the amounts and sources of 

4 matching funds; 

5 (iv) the amounts leveraged with Fed6 eral funds and the sources of the 

7 leveraging; and 

8 (v) any grants made to any other enti9 ties during the fiscal year; and 

10 (B) make available to the Secretary for 

11 audit any information relating to the expendi12 ture of— 

13 (i) the Federal funds; and 

14 (ii) any matching funds; and 

15 (3) encourage, consistent with the purposes of 

16 the Heritage Area, the economic viability and sus17 tainability of the Heritage Area. 

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

19 and implementing the management plan for the Heritage 

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

21 Entity may use Federal funds made available under this 

22 Act to— 

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

24 nonprofit organizations, and other parties within the 

25 Heritage Area; 


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1 (2) enter into agreements with, or provide tech2 nical assistance to, Federal agencies, units of local 

3 government, nonprofit organizations, and other in4 terested parties; 

5 (3) hire and compensate staff, including individ6 uals with expertise in— 

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

8 scenic, and recreational resource conservation; 

9 (B) economic and community development; 

10 and 

11 (C) heritage planning; 

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

13 including other Federal laws or programs; 

14 (5) contract for goods or services; and 

15 (6) support activities of partners and any other 

16 activities that— 

17 (A) further the purposes of the Heritage 

18 Area; and 

19 (B) are consistent with the management 

20 plan. 

21 (d) PUBLIC MEETINGS.— 

22 (1) IN GENERAL.—Annually, the Local Coordi23 nating Entity shall conduct at least 2 meetings open 

24 to the public regarding the development and imple25 mentation of the management plan. 


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

2 Local Coordinating Entity shall— 

3 (A) publish a notice of each public meeting 

4 in a newspaper of general circulation in the 

5 Heritage Area; and 

6 (B) make the minutes of the meeting avail7 able to the public. 

8 (e) PROHIBITION ON ACQUISITION OF REAL PROP9 ERTY.—The Local Coordinating Entity shall not use Fed10 eral funds authorized under this Act to acquire any inter11 est in real property. 

12 SEC. 6. MANAGEMENT PLAN. 

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

14 date on which funds are first made available to develop 

15 the management plan, the Local Coordinating Entity shall 

16 submit to the Secretary for approval a management plan 

17 for the Heritage Area. 

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

19 (1) include— 

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

21 strategies, and recommendations for actions 

22 and projects consistent with the purposes of the 

23 Heritage Area; 

24 (B) a description of proposed actions and 

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1 ing tribal governments) and private organiza2 tions that would accomplish the purposes of the 

3 Heritage Area; 

4 (C) a description of the role and participa5 tion of the Federal Government and State, trib6 al, and local governments that have jurisdiction 

7 over land within the Heritage Area; and 

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

9 cultural, educational, scenic, and recreational 

10 resources of the Heritage Area that should be 

11 protected, enhanced, interpreted, managed, 

12 funded, and developed; 

13 (2) identify existing and potential sources of 

14 funding to accomplish the recommended actions and 

15 projects for the Heritage Area; 

16 (3) include a business plan that— 

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

18 and functions of— 

19 (i) the Local Coordinating Entity; and 

20 (ii) each of the major activities ad21 dressed in the management plan; and 

22 (B) provides adequate assurances that the 

23 Local Coordinating Entity has the partnerships 

24 and financial and other resources necessary to 

25 implement the management plan; and 


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

2 and local plans, including— 

3 (A) the plans for the Chugach National 

4 Forest and the Kenai Fjords National Park; 

5 and 

6 (B) State transportation and historic man7 agement plans. 

8 (c) TERMINATION OF FUNDING.—If the Local Co9 ordinating Entity does not submit the management plan 

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

11 on which funds are first made available to develop the 

12 management plan, the Local Coordinating Entity shall be 

13 ineligible to receive additional funding under this Act until 

14 the date on which the management plan is approved by 

15 the Secretary. 

16 (d) APPROVAL AND DISAPPROVAL OF MANAGEMENT

17 PLAN.— 

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

19 after the date of receipt of the management plan 

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

21 disapprove the management plan. 

22 (2) CONSIDERATIONS.—In determining whether 

23 to approve or disapprove the management plan 

24 under paragraph (1), the Secretary shall consider 

25 whether— 


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1 (A) the Local Coordinating Entity— 

2 (i) has afforded adequate opportuni3 ties for public and governmental involve4 ment in the preparation of the manage5 ment plan; and 

6 (ii) provides for at least semiannual 

7 public meetings to ensure adequate imple8 mentation of the management plan; 

9 (B) the resource protection, enhancement, 

10 interpretation, funding, management, and de11 velopment strategies described in the manage12 ment plan, if implemented, would adequately 

13 protect, enhance, interpret, fund, manage, and 

14 develop the natural, historic, cultural, edu15 cational, scenic, and recreational resources of 

16 the Heritage Area; 

17 (C) the management plan— 

18 (i) is consistent with applicable Fed19 eral, State, borough, and local plans; and 

20 (ii) would not adversely affect any ac21 tivities authorized on Federal land; 

22 (D) the Local Coordinating Entity, in 

23 partnership with other entities, has dem24 onstrated the financial capability to carry out 

25 the management plan; 


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1 (E) the Secretary has received adequate 

2 assurances from State and local officials, the 

3 support of which is needed to ensure the effec4 tive implementation of the State and local ele5 ments of the management plan; and 

6 (F) the management plan demonstrates 

7 sufficient partnerships among the Local Coordi8 nating Entity, the Federal Government, State 

9 and local governments, regional planning orga10 nizations, nonprofit organizations, or private 

11 sector parties to implement the management 

12 plan. 

13 (3) ACTION FOLLOWING DISAPPROVAL.—If the 

14 Secretary disapproves the management plan under 

15 paragraph (1), the Secretary shall— 

16 (A) advise the Local Coordinating Entity 

17 in writing of the reasons for the disapproval; 

18 (B) make recommendations for revisions to 

19 the management plan; and 

20 (C) not later than 180 days after the re21 ceipt of any proposed revision of the manage22 ment plan, approve or disapprove the proposed 

23 revision. 

24 (e) AMENDMENTS.— 


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

2 and approve any substantial amendments to the 

3 management plan in accordance with subsection (d). 

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

5 under this Act shall not be expended by the Local 

6 Coordinating Entity to implement any changes made 

7 by an amendment described in paragraph (1) until 

8 the Secretary approves the amendment. 

9 (f) IMPLEMENTATION.—In implementing the man10 agement plan, the Local Coordinating Entity shall give 

11 priority to— 

12 (1) carrying out programs that recognize impor13 tant resource values within the Heritage Area; 

14 (2) encouraging economic viability in the af15 fected communities; 

16 (3) establishing and maintaining interpretive 

17 exhibits within the Heritage Area; 

18 (4) improving and interpreting heritage trails; 

19 (5) increasing public awareness of, and appre20 ciation for, the natural, historic, and cultural re21 sources of the Heritage Area, including the contribu22 tions of local Indian tribes; 

23 (6) providing opportunities for expanding the 

24 public perception of the need for modern resource 

25 development of the Heritage Area; 


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1 (7) restoring historic buildings and structures 

2 that are located within the Heritage Area; and 

3 (8) ensuring that clear, consistent, and appro4 priate signs identifying public access points and sites 

5 of interest are appropriately placed in the Heritage 

6 Area. 

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

8 (a) MEMORANDUM OF UNDERSTANDING.—The Sec9 retary shall enter into a memorandum of understanding 

10 with the Secretary of the Interior to establish a general 

11 framework for cooperation and consultation in the devel12 opment and implementation of the management plan. 

13 (b) AUTHORITIES.—The Secretary may— 

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

15 technical and financial assistance for the develop16 ment and implementation of the management plan; 

17 (2) enter into cooperative agreements with in18 terested parties to carry out this Act; and 

19 (3) in partnership with the Local Coordinating 

20 Entity, provide information on, promote under21 standing of, and encourage research on the Heritage 

22 Area. 

23 (c) INFORMATION RELEASED BY THE SECRETARY OF

24 THE INTERIOR.—The Secretary of the Interior shall in25 clude the Heritage Area in all nationwide releases, listings, 


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1 or maps that provide public information about the system 

2 of national heritage areas. 

3 SEC. 8. PRIVATE PROPERTY PROTECTIONS. 

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

5 (1) grants powers of zoning or management of 

6 land use to the Local Coordinating Entity; 

7 (2) modifies, enlarges, or diminishes any au8 thority of the Federal Government or any State, 

9 tribal, or local government to manage or regulate 

10 any use of land under applicable laws (including reg11 ulations); 

12 (3) requires any private property owner to allow 

13 public access to the private property, including ac14 cess by the Federal Government or tribal, State, or 

15 local governments; 

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

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

18 or use of, private property; 

19 (5) obstructs or limits— 

20 (A) business activities on private develop21 ments; or 

22 (B) resource development activities; 

23 (6) affects the rights of private property own24 ers; 


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1 (7) restricts or limits an Indian tribe from pro2 tecting cultural or religious sites on tribal or Native 

3 Corporation land; or 

4 (8) requires the owner of any private property 

5 located within the boundaries of the Heritage Area 

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

7 Area. 

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

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

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

11 102 of the Alaska National Interest Lands Conservation 

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

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

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

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

16 respect to a person injured on the private property. 

17 (d) EFFECT OF ESTABLISHMENT.—Designation of 

18 the Heritage Area does not establish any regulatory au19 thority on land use within the Heritage Area or the 

20 viewshed for the Federal Government or any State or local 

21 government. 

22 SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 

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

24 are authorized to be appropriated and made available to 


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1 the Local Coordinating Entity to carry out the develop2 ment and implementation of the management plan— 

3 (1) $350,000 for fiscal year 2008; and 

4 (2) $500,000 for fiscal year 2009 and each fis5 cal year thereafter. 

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

7 not more than $7,500,000 is authorized to be appro8 priated for the Heritage Area. 

9 (c) COST SHARING REQUIREMENT.—To the max10 imum extent practicable, the Federal share of the total 

11 cost of any activity carried out using assistance under this 

12 Act shall be not more than 75 percent, including the con13 tribution of in-kind services. 

14 SEC. 10. TERMINATION OF AUTHORITY. 

15 The authority of the Secretary to provide assistance 

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

17 after the date of enactment of this Act. 

Æ 


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