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[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3045 Reported in Senate (RS)]

                                                       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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Kenai Mountains-Turnagain 
Arm National Forest Heritage Area Act''.</DELETED>

<DELETED>SEC. 2. FINDINGS AND PURPOSES.</DELETED>

<DELETED>    (a) Findings.--Congress finds that--</DELETED>
        <DELETED>    (1) the Kenai Mountains-Turnagain Arm 
        transportation corridor--</DELETED>
                <DELETED>    (A) is a major gateway to 
                Alaska;</DELETED>
                <DELETED>    (B) includes a range of transportation 
                routes used by--</DELETED>
                        <DELETED>    (i) indigenous people; 
                        and</DELETED>
                        <DELETED>    (ii) the pioneers that settled the 
                        last frontier of the United States;</DELETED>
                <DELETED>    (C) is located in the heart of the Chugach 
                National Forest, which was established by presidential 
                proclamation on July 23, 1907, by Theodore Roosevelt; 
                and</DELETED>
                <DELETED>    (D) includes a historically significant 
                segment of the Iditarod Trail connecting Seward and 
                Nome, which was--</DELETED>
                        <DELETED>    (i) scouted by the Alaska Road 
                        Commission in 1908; and</DELETED>
                        <DELETED>    (ii) designated as the Iditarod 
                        National Historic Trail in 1978;</DELETED>
        <DELETED>    (2) the cultural landscape formed by indigenous 
        people and by settlement, transportation, and modern resource 
        development in the rugged and often treacherous natural setting 
        of the transportation corridor provides a powerful testimony to 
        the human fortitude, perseverance, and resourcefulness of the 
        people who--</DELETED>
                <DELETED>    (A) settled the frontier; and</DELETED>
                <DELETED>    (B) represent the proudest heritage of the 
                United States;</DELETED>
        <DELETED>    (3) the natural history and scenic splendor of the 
        transportation corridor are equally outstanding;</DELETED>
        <DELETED>    (4) the transportation corridor includes vistas of 
        the power of nature, such as evidence of earthquake subsidence, 
        recent avalanches, retreating glaciers, and tidal action along 
        Turnagain Arm, which has the second greatest tidal range in the 
        world;</DELETED>
        <DELETED>    (5) there is a national interest in recognizing, 
        preserving, promoting, and interpreting the resources of the 
        transportation corridor;</DELETED>
        <DELETED>    (6) the Kenai Mountains-Turnagain Arm region is--
        </DELETED>
                <DELETED>    (A) geographically and culturally 
                cohesive; and</DELETED>
                <DELETED>    (B) defined by a corridor of historic 
                routes, trails, water, railroads, and roadways through 
                a distinct landscape of mountains, lakes, and 
                fjords;</DELETED>
        <DELETED>    (7) the region played a unique role as a portal 
        and transportation corridor through which indigenous people, 
        explorers, missionaries, gold miners, cannery workers, big game 
        hunters, homesteaders, foresters, railroad workers, military 
        personnel, and petroleum developers traveled into southcentral 
        and interior Alaska as part of the waves of travel that 
        characterized the history of the United States;</DELETED>
        <DELETED>    (8) the region exhibits a high degree of integrity 
        with vast tracks of rugged, undeveloped areas and natural 
        scenery that still look much as the area did to the original 
        inhabitants, the indigenous people, and early explorers and 
        pioneers of the region;</DELETED>
        <DELETED>    (9) studies that led to the designation of the 
        Iditarod National Historic Trail, the Seward Highway All 
        American Road, and the Alaska Railroad National Scenic 
        Railroad--</DELETED>
                <DELETED>    (A) determined the national significance 
                of separate transportation routes traversing the 
                region; and</DELETED>
                <DELETED>    (B) illustrate the national significance 
                of heritage resources in the region;</DELETED>
        <DELETED>    (10) designation of the transportation corridor as 
        a national heritage area--</DELETED>
                <DELETED>    (A) provides for a comprehensive 
                interpretation of human history in the wide 
                transportation corridor through the Kenai Mountains and 
                upper Turnagain Arm, including early Native trade 
                routes, historic waterways, mining trails, historic 
                communities, and the 3 designated routes of national 
                significance referred to in paragraph (9);</DELETED>
                <DELETED>    (B) recognizes the national significance 
                of the Kenai Mountains-Turnagain Arm transportation 
                corridor, including--</DELETED>
                        <DELETED>    (i) the historic and modern 
                        resource development of the transportation 
                        corridor; and</DELETED>
                        <DELETED>    (ii) the cultural, natural, and 
                        recreational resources and landscapes of the 
                        transportation corridor; and</DELETED>
                <DELETED>    (C) would provide assistance to local 
                communities, Indian tribes, and residents of the 
                transportation corridor in--</DELETED>
                        <DELETED>    (i) preserving and interpreting 
                        cultural and historic resources; and</DELETED>
                        <DELETED>    (ii) fostering cooperative 
                        planning and partnerships;</DELETED>
        <DELETED>    (11) an additional feasibility study for the 
        Heritage Area is not needed before designation of the Heritage 
        Area because the studies referred to in paragraph (9) provide 
        sufficient documentation of--</DELETED>
                <DELETED>    (A) the national significance of heritage 
                resources in the region; and</DELETED>
                <DELETED>    (B) the support of local communities for 
                designation of the Heritage Area; and</DELETED>
        <DELETED>    (12) the Kenai Mountains-Turnagain Arm National 
        Forest Heritage Corridor Communities Association--</DELETED>
                <DELETED>    (A) has been formed as a nonprofit 
                corporation to act as the Local Coordinating Entity for 
                the Heritage Area; and</DELETED>
                <DELETED>    (B) is governed by bylaws that define the 
                purposes of the Association as the purposes established 
                by Congress for the Kenai Mountains-Turnagain Arm 
                National Forest Heritage Area.</DELETED>
<DELETED>    (b) Purposes.--The purposes of this Act are--</DELETED>
        <DELETED>    (1) to recognize, preserve, and interpret the 
        historic and modern resource development and cultural 
        landscapes of the Kenai Mountains-Turnagain Arm historic 
        transportation corridor; and</DELETED>
        <DELETED>    (2) to promote and facilitate the public enjoyment 
        of the resources.</DELETED>

<DELETED>SEC. 3. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Heritage area.--The term ``Heritage Area'' 
        means the Kenai Mountains-Turnagain Arm National Forest 
        Heritage Area established by section 4(a).</DELETED>
        <DELETED>    (2) Local coordinating entity.--The term ``Local 
        Coordinating Entity'' means the local coordinating entity for 
        the Heritage Area designated by section 5(a).</DELETED>
        <DELETED>    (3) Management plan.--The term ``management plan'' 
        means the management plan for the Heritage Area developed under 
        section 6.</DELETED>
        <DELETED>    (4) Map.--The term ``map'' means the map entitled 
        ``Draft Proposed NHA Kenai Mountains-Turnagain Arm'' and dated 
        August 7, 2007.</DELETED>
        <DELETED>    (5) Secretary.--The term ``Secretary'' means the 
        Secretary of Agriculture.</DELETED>
        <DELETED>    (6) State.--The term ``State'' means the State of 
        Alaska.</DELETED>

<DELETED>SEC. 4. ESTABLISHMENT OF KENAI MOUNTAINS-TURNAGAIN ARM 
              NATIONAL FOREST HERITAGE AREA.</DELETED>

<DELETED>    (a) Establishment.--There is established in the State the 
Kenai Mountains-Turnagain Arm National Forest Heritage Area.</DELETED>
<DELETED>    (b) Boundaries.--The Heritage Area shall be comprised of 
the land in the Kenai Mountains and upper Turnagain Arm region, as 
generally depicted on the map.</DELETED>
<DELETED>    (c) Availability of Map.--The map shall be on file and 
available for public inspection in--</DELETED>
        <DELETED>    (1) the appropriate offices of the Forest Service, 
        Chugach National Forest;</DELETED>
        <DELETED>    (2) the Alaska Regional Office of the National 
        Park Service; and</DELETED>
        <DELETED>    (3) the Alaska State Historic Preservation 
        Officer.</DELETED>

<DELETED>SEC. 5. LOCAL COORDINATING ENTITY.</DELETED>

<DELETED>    (a) Designation.--The Kenai Mountains-Turnagain Arm 
National Forest Heritage Corridor Communities Association, a nonprofit 
corporation chartered in the State, shall be the local coordinating 
entity for the Heritage Area.</DELETED>
<DELETED>    (b) Duties.--To further the purposes of the Heritage Area, 
the Local Coordinating Entity shall--</DELETED>
        <DELETED>    (1) in accordance with section 6, prepare and 
        submit to the Secretary a management plan for the Heritage 
        Area;</DELETED>
        <DELETED>    (2) for any fiscal year for which the Local 
        Coordinating Entity receives Federal funds under this Act--
        </DELETED>
                <DELETED>    (A) submit an annual report to the 
                Secretary that describes--</DELETED>
                        <DELETED>    (i) the specific performance goals 
                        and accomplishments of the Local Coordinating 
                        Entity;</DELETED>
                        <DELETED>    (ii) the expenses and income of 
                        the Local Coordinating Entity;</DELETED>
                        <DELETED>    (iii) the amounts and sources of 
                        matching funds;</DELETED>
                        <DELETED>    (iv) the amounts leveraged with 
                        Federal funds and the sources of the 
                        leveraging; and</DELETED>
                        <DELETED>    (v) any grants made to any other 
                        entities during the fiscal year; and</DELETED>
                <DELETED>    (B) make available to the Secretary for 
                audit any information relating to the expenditure of--
                </DELETED>
                        <DELETED>    (i) the Federal funds; 
                        and</DELETED>
                        <DELETED>    (ii) any matching funds; 
                        and</DELETED>
        <DELETED>    (3) encourage, consistent with the purposes of the 
        Heritage Area, the economic viability and sustainability of the 
        Heritage Area.</DELETED>
<DELETED>    (c) Authorities.--For the purposes of developing and 
implementing the management plan for the Heritage Area, and subject to 
section 9(c), the Local Coordinating Entity may use Federal funds made 
available under this Act to--</DELETED>
        <DELETED>    (1) make grants to units of local government, 
        nonprofit organizations, and other parties within the Heritage 
        Area;</DELETED>
        <DELETED>    (2) enter into agreements with, or provide 
        technical assistance to, Federal agencies, units of local 
        government, nonprofit organizations, and other interested 
        parties;</DELETED>
        <DELETED>    (3) hire and compensate staff, including 
        individuals with expertise in--</DELETED>
                <DELETED>    (A) natural, historic, cultural, 
                educational, scenic, and recreational resource 
                conservation;</DELETED>
                <DELETED>    (B) economic and community development; 
                and</DELETED>
                <DELETED>    (C) heritage planning;</DELETED>
        <DELETED>    (4) obtain funds or services from any source, 
        including other Federal laws or programs;</DELETED>
        <DELETED>    (5) contract for goods or services; and</DELETED>
        <DELETED>    (6) support activities of partners and any other 
        activities that--</DELETED>
                <DELETED>    (A) further the purposes of the Heritage 
                Area; and</DELETED>
                <DELETED>    (B) are consistent with the management 
                plan.</DELETED>
<DELETED>    (d) Public Meetings.--</DELETED>
        <DELETED>    (1) In general.--Annually, the Local Coordinating 
        Entity shall conduct at least 2 meetings open to the public 
        regarding the development and implementation of the management 
        plan.</DELETED>
        <DELETED>    (2) Notice; availability of minutes.--The Local 
        Coordinating Entity shall--</DELETED>
                <DELETED>    (A) publish a notice of each public 
                meeting in a newspaper of general circulation in the 
                Heritage Area; and</DELETED>
                <DELETED>    (B) make the minutes of the meeting 
                available to the public.</DELETED>
<DELETED>    (e) Prohibition on Acquisition of Real Property.--The 
Local Coordinating Entity shall not use Federal funds authorized under 
this Act to acquire any interest in real property.</DELETED>

<DELETED>SEC. 6. MANAGEMENT PLAN.</DELETED>

<DELETED>    (a) In General.--Not later than 3 years after the date on 
which funds are first made available to develop the management plan, 
the Local Coordinating Entity shall submit to the Secretary for 
approval a management plan for the Heritage Area.</DELETED>
<DELETED>    (b) Requirements.--The management plan shall--</DELETED>
        <DELETED>    (1) include--</DELETED>
                <DELETED>    (A) a list of comprehensive policies, 
                goals, strategies, and recommendations for actions and 
                projects consistent with the purposes of the Heritage 
                Area;</DELETED>
                <DELETED>    (B) a description of proposed actions and 
                financial commitments of governments (including tribal 
                governments) and private organizations that would 
                accomplish the purposes of the Heritage Area;</DELETED>
                <DELETED>    (C) a description of the role and 
                participation of the Federal Government and State, 
                tribal, and local governments that have jurisdiction 
                over land within the Heritage Area; and</DELETED>
                <DELETED>    (D) an inventory of the natural, historic, 
                cultural, educational, scenic, and recreational 
                resources of the Heritage Area that should be 
                protected, enhanced, interpreted, managed, funded, and 
                developed;</DELETED>
        <DELETED>    (2) identify existing and potential sources of 
        funding to accomplish the recommended actions and projects for 
        the Heritage Area;</DELETED>
        <DELETED>    (3) include a business plan that--</DELETED>
                <DELETED>    (A) describes the role, operation, 
                financing, and functions of--</DELETED>
                        <DELETED>    (i) the Local Coordinating Entity; 
                        and</DELETED>
                        <DELETED>    (ii) each of the major activities 
                        addressed in the management plan; and</DELETED>
                <DELETED>    (B) provides adequate assurances that the 
                Local Coordinating Entity has the partnerships and 
                financial and other resources necessary to implement 
                the management plan; and</DELETED>
        <DELETED>    (4) be consistent with Federal, State, borough, 
        and local plans, including--</DELETED>
                <DELETED>    (A) the plans for the Chugach National 
                Forest and the Kenai Fjords National Park; 
                and</DELETED>
                <DELETED>    (B) State transportation and historic 
                management plans.</DELETED>
<DELETED>    (c) Termination of Funding.--If the Local Coordinating 
Entity does not submit the management plan to the Secretary by the date 
that is 3 years after the date on which funds are first made available 
to develop the management plan, the Local Coordinating Entity shall be 
ineligible to receive additional funding under this Act until the date 
on which the management plan is approved by the Secretary.</DELETED>
<DELETED>    (d) Approval and Disapproval of Management Plan.--
</DELETED>
        <DELETED>    (1) In general.--Not later than 180 days after the 
        date of receipt of the management plan under subsection (a), 
        the Secretary shall approve or disapprove the management 
        plan.</DELETED>
        <DELETED>    (2) Considerations.--In determining whether to 
        approve or disapprove the management plan under paragraph (1), 
        the Secretary shall consider whether--</DELETED>
                <DELETED>    (A) the Local Coordinating Entity--
                </DELETED>
                        <DELETED>    (i) has afforded adequate 
                        opportunities for public and governmental 
                        involvement in the preparation of the 
                        management plan; and</DELETED>
                        <DELETED>    (ii) provides for at least 
                        semiannual public meetings to ensure adequate 
                        implementation of the management 
                        plan;</DELETED>
                <DELETED>    (B) the resource protection, enhancement, 
                interpretation, funding, management, and development 
                strategies described in the management plan, if 
                implemented, would adequately protect, enhance, 
                interpret, fund, manage, and develop the natural, 
                historic, cultural, educational, scenic, and 
                recreational resources of the Heritage Area;</DELETED>
                <DELETED>    (C) the management plan--</DELETED>
                        <DELETED>    (i) is consistent with applicable 
                        Federal, State, borough, and local plans; 
                        and</DELETED>
                        <DELETED>    (ii) would not adversely affect 
                        any activities authorized on Federal 
                        land;</DELETED>
                <DELETED>    (D) the Local Coordinating Entity, in 
                partnership with other entities, has demonstrated the 
                financial capability to carry out the management 
                plan;</DELETED>
                <DELETED>    (E) the Secretary has received adequate 
                assurances from State and local officials, the support 
                of which is needed to ensure the effective 
                implementation of the State and local elements of the 
                management plan; and</DELETED>
                <DELETED>    (F) the management plan demonstrates 
                sufficient partnerships among the Local Coordinating 
                Entity, the Federal Government, State and local 
                governments, regional planning organizations, nonprofit 
                organizations, or private sector parties to implement 
                the management plan.</DELETED>
        <DELETED>    (3) Action following disapproval.--If the 
        Secretary disapproves the management plan under paragraph (1), 
        the Secretary shall--</DELETED>
                <DELETED>    (A) advise the Local Coordinating Entity 
                in writing of the reasons for the 
                disapproval;</DELETED>
                <DELETED>    (B) make recommendations for revisions to 
                the management plan; and</DELETED>
                <DELETED>    (C) not later than 180 days after the 
                receipt of any proposed revision of the management 
                plan, approve or disapprove the proposed 
                revision.</DELETED>
<DELETED>    (e) Amendments.--</DELETED>
        <DELETED>    (1) In general.--The Secretary shall review and 
        approve any substantial amendments to the management plan in 
        accordance with subsection (d).</DELETED>
        <DELETED>    (2) Use of funds.--Funds made available under this 
        Act shall not be expended by the Local Coordinating Entity to 
        implement any changes made by an amendment described in 
        paragraph (1) until the Secretary approves the 
        amendment.</DELETED>
<DELETED>    (f) Implementation.--In implementing the management plan, 
the Local Coordinating Entity shall give priority to--</DELETED>
        <DELETED>    (1) carrying out programs that recognize important 
        resource values within the Heritage Area;</DELETED>
        <DELETED>    (2) encouraging economic viability in the affected 
        communities;</DELETED>
        <DELETED>    (3) establishing and maintaining interpretive 
        exhibits within the Heritage Area;</DELETED>
        <DELETED>    (4) improving and interpreting heritage 
        trails;</DELETED>
        <DELETED>    (5) increasing public awareness of, and 
        appreciation for, the natural, historic, and cultural resources 
        of the Heritage Area, including the contributions of local 
        Indian tribes;</DELETED>
        <DELETED>    (6) providing opportunities for expanding the 
        public perception of the need for modern resource development 
        of the Heritage Area;</DELETED>
        <DELETED>    (7) restoring historic buildings and structures 
        that are located within the Heritage Area; and</DELETED>
        <DELETED>    (8) ensuring that clear, consistent, and 
        appropriate signs identifying public access points and sites of 
        interest are appropriately placed in the Heritage 
        Area.</DELETED>

<DELETED>SEC. 7. DUTIES AND AUTHORITIES OF THE SECRETARY.</DELETED>

<DELETED>    (a) Memorandum of Understanding.--The Secretary shall 
enter into a memorandum of understanding with the Secretary of the 
Interior to establish a general framework for cooperation and 
consultation in the development and implementation of the management 
plan.</DELETED>
<DELETED>    (b) Authorities.--The Secretary may--</DELETED>
        <DELETED>    (1) subject to the availability of funds, provide 
        technical and financial assistance for the development and 
        implementation of the management plan;</DELETED>
        <DELETED>    (2) enter into cooperative agreements with 
        interested parties to carry out this Act; and</DELETED>
        <DELETED>    (3) in partnership with the Local Coordinating 
        Entity, provide information on, promote understanding of, and 
        encourage research on the Heritage Area.</DELETED>
<DELETED>    (c) Information Released by the Secretary of the 
Interior.--The Secretary of the Interior shall include the Heritage 
Area in all nationwide releases, listings, or maps that provide public 
information about the system of national heritage areas.</DELETED>

<DELETED>SEC. 8. PRIVATE PROPERTY PROTECTIONS.</DELETED>

<DELETED>    (a) In General.--Nothing in this Act--</DELETED>
        <DELETED>    (1) grants powers of zoning or management of land 
        use to the Local Coordinating Entity;</DELETED>
        <DELETED>    (2) modifies, enlarges, or diminishes any 
        authority of the Federal Government or any State, tribal, or 
        local government to manage or regulate any use of land under 
        applicable laws (including regulations);</DELETED>
        <DELETED>    (3) requires any private property owner to allow 
        public access to the private property, including access by the 
        Federal Government or tribal, State, or local 
        governments;</DELETED>
        <DELETED>    (4) modifies any provision of Federal, tribal, 
        State, or local law with respect to public access to, or use 
        of, private property;</DELETED>
        <DELETED>    (5) obstructs or limits--</DELETED>
                <DELETED>    (A) business activities on private 
                developments; or</DELETED>
                <DELETED>    (B) resource development 
                activities;</DELETED>
        <DELETED>    (6) affects the rights of private property 
        owners;</DELETED>
        <DELETED>    (7) restricts or limits an Indian tribe from 
        protecting cultural or religious sites on tribal or Native 
        Corporation land; or</DELETED>
        <DELETED>    (8) requires the owner of any private property 
        located within the boundaries of the Heritage Area to 
        participate in, or be associated with, the Heritage 
        Area.</DELETED>
<DELETED>    (b) Applicable Law.--Designation of the Heritage Area 
under this Act does not convey status to the Heritage Area as a 
conservation system unit (as defined in section 102 of the Alaska 
National Interest Lands Conservation Act (16 U.S.C. 3102)).</DELETED>
<DELETED>    (c) Liability.--Designation of the Heritage Area does not 
create any liability for, or affect any liability under any other law 
of, any private property owner with respect to a person injured on the 
private property.</DELETED>
<DELETED>    (d) Effect of Establishment.--Designation of the Heritage 
Area does not establish any regulatory authority on land use within the 
Heritage Area or the viewshed for the Federal Government or any State 
or local government.</DELETED>

<DELETED>SEC. 9. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    (a) In General.--Subject to subsection (b), there are 
authorized to be appropriated and made available to the Local 
Coordinating Entity to carry out the development and implementation of 
the management plan--</DELETED>
        <DELETED>    (1) $350,000 for fiscal year 2008; and</DELETED>
        <DELETED>    (2) $500,000 for fiscal year 2009 and each fiscal 
        year thereafter.</DELETED>
<DELETED>    (b) Limitation.--Notwithstanding subsection (a), not more 
than $7,500,000 is authorized to be appropriated for the Heritage 
Area.</DELETED>
<DELETED>    (c) Cost Sharing Requirement.--To the maximum extent 
practicable, the Federal share of the total cost of any activity 
carried out using assistance under this Act shall be not more than 75 
percent, including the contribution of in-kind services.</DELETED>

<DELETED>SEC. 10. TERMINATION OF AUTHORITY.</DELETED>

<DELETED>    The authority of the Secretary to provide assistance under 
this Act terminates on the date that is 15 years after the date of 
enactment of this Act.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Kenai Mountains-Turnagain Arm 
National Heritage Area Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Heritage area.--The term ``Heritage Area'' means the 
        Kenai Mountains-Turnagain Arm National Heritage Area 
        established by section 3(a).
            (2) Local coordinating entity.--The term ``local 
        coordinating entity'' means the Kenai Mountains-Turnagain Arm 
        Corridor Communities Association.
            (3) Management plan.--The term ``management plan'' means 
        the plan prepared by the local coordinating entity for the 
        Heritage Area that specifies actions, policies, strategies, 
        performance goals, and recommendations to meet the goals of the 
        Heritage Area, in accordance with this Act.
            (4) Map.--The term ``map'' means the map entitled 
        ``Proposed NHA Kenai Mountains Turnagain Arm'' and dated August 
        7, 2007.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 3. DESIGNATION OF THE KENAI MOUNTAIN-TURNAGAIN ARM NATIONAL 
              HERITAGE AREA.

    (a) Establishment.--There is established the Kenai Mountain-
Turnagain Arm National Heritage Area.
    (b) Boundaries.--The Heritage Area shall be comprised of the land 
in the Kenai Mountains and upper Turnagain Arm region, as generally 
depicted on the map.
    (c) Availability of Map.--The map shall be on file and available 
for public inspection in--
            (1) the appropriate offices of the Forest Service, Chugach 
        National Forest;
            (2) the Alaska Regional Office of the National Park 
        Service; and
            (3) the office of the Alaska State Historic Preservation 
        Officer.

SEC. 4. MANAGEMENT PLAN.

    (a) Local Coordinating Entity.--The local coordinating entity, in 
partnership with other interested parties, shall develop a management 
plan for the Heritage Area in accordance with this section.
    (b) Requirements.--The management plan for the Heritage Area 
shall--
            (1) describe comprehensive policies, goals, strategies, and 
        recommendations for use in--
                    (A) telling the story of the heritage of the area 
                covered by the Heritage Area; and
                    (B) encouraging long-term resource protection, 
                enhancement, interpretation, funding, management, and 
                development of the Heritage Area;
            (2) include a description of actions and commitments that 
        the Federal Government, State, tribal, and local governments, 
        private organizations, and citizens will take to protect, 
        enhance, interpret, fund, manage, and develop the natural, 
        historical, cultural, educational, scenic, and recreational 
        resources of the Heritage Area;
            (3) specify existing and potential sources of funding or 
        economic development strategies to protect, enhance, interpret, 
        fund, manage, and develop the Heritage Area;
            (4) include an inventory of the natural, historical, 
        cultural, educational, scenic, and recreational resources of 
        the Heritage Area relating to the national importance and 
        themes of the Heritage Area that should be protected, enhanced, 
        interpreted, managed, funded, and developed;
            (5) recommend policies and strategies for resource 
        management, including the development of intergovernmental and 
        interagency agreements to protect, enhance, interpret, fund, 
        manage, and develop the natural, historical, cultural, 
        educational, scenic, and recreational resources of the Heritage 
        Area;
            (6) describe a program for implementation for the 
        management plan, including--
                    (A) performance goals;
                    (B) plans for resource protection, enhancement, 
                interpretation, funding, management, and development; 
                and
                    (C) specific commitments for implementation that 
                have been made by the local coordinating entity or any 
                Federal, State, tribal, or local government agency, 
                organization, business, or individual;
            (7) include an analysis of, and recommendations for, means 
        by which Federal, State, tribal, and local programs may best be 
        coordinated (including the role of the National Park Service, 
        the Forest Service, and other Federal agencies associated with 
        the Heritage Area) to further the purposes of this Act; and
            (8) include a business plan that--
                    (A) describes the role, operation, financing, and 
                functions of the local coordinating entity and each of 
                the major activities contained in the management plan; 
                and
                    (B) provides adequate assurances that the local 
                coordinating entity has the partnerships and financial 
                and other resources necessary to implement the 
                management plan for the Heritage Area.
    (c) Deadline.--
            (1) In general.--Not later than 3 years after the date on 
        which funds are first made available to develop the management 
        plan after the date of enactment of this Act, the local 
        coordinating entity shall submit the management plan to the 
        Secretary for approval.
            (2) Termination of funding.--If the management plan is not 
        submitted to the Secretary in accordance with paragraph (1), 
        the local coordinating entity shall not qualify for any 
        additional financial assistance under this Act until such time 
        as the management plan is submitted to and approved by the 
        Secretary.
    (d) Approval of Management Plan.--
            (1) Review.--Not later than 180 days after receiving the 
        management plan under subsection (c), the Secretary shall 
        review and approve or disapprove the management plan for a 
        Heritage Area on the basis of the criteria established under 
        paragraph (3).
            (2) Consultation.--The Secretary shall consult with the 
        Governor of the State in which the Heritage Area is located 
        before approving a management plan for the Heritage Area.
            (3) Criteria for approval.--In determining whether to 
        approve a management plan for the Heritage Area, the Secretary 
        shall consider whether--
                    (A) the local coordinating entity represents the 
                diverse interests of the Heritage Area, including the 
                Federal Government, State, tribal, and local 
                governments, natural and historical resource protection 
                organizations, educational institutions, businesses, 
                recreational organizations, community residents, and 
                private property owners;
                    (B) the local coordinating entity--
                            (i) has afforded adequate opportunity for 
                        public and Federal, State, tribal, and local 
                        governmental involvement (including through 
                        workshops and hearings) in the preparation of 
                        the management plan; and
                            (ii) provides for at least semiannual 
                        public meetings to ensure adequate 
                        implementation of the management plan;
                    (C) the resource protection, enhancement, 
                interpretation, funding, management, and development 
                strategies described in the management plan, if 
                implemented, would adequately protect, enhance, 
                interpret, fund, manage, and develop the natural, 
                historical, cultural, educational, scenic, and 
                recreational resources of the Heritage Area;
                    (D) the management plan would not adversely affect 
                any activities authorized on Federal land under public 
                land laws or land use plans;
                    (E) the local coordinating entity has demonstrated 
                the financial capability, in partnership with other 
                interested parties, to carry out the plan;
                    (F) the Secretary has received adequate assurances 
                from the appropriate State, tribal, and local officials 
                whose support is needed to ensure the effective 
                implementation of the State, tribal, and local elements 
                of the management plan; and
                    (G) the management plan demonstrates partnerships 
                among the local coordinating entity, Federal 
                Government, State, tribal, and local governments, 
                regional planning organizations, nonprofit 
                organizations, or private sector parties for 
                implementation of the management plan.
            (4) Disapproval.--
                    (A) In general.--If the Secretary disapproves the 
                management plan, the Secretary--
                            (i) shall advise the local coordinating 
                        entity in writing of the reasons for the 
                        disapproval; and
                            (ii) may make recommendations to the local 
                        coordinating entity for revisions to the 
                        management plan.
                    (B) Deadline.--Not later than 180 days after 
                receiving a revised management plan, the Secretary 
                shall approve or disapprove the revised management 
                plan.
            (5) Amendments.--
                    (A) In general.--An amendment to the management 
                plan that substantially alters the purposes of the 
                Heritage Area shall be reviewed by the Secretary and 
                approved or disapproved in the same manner as the 
                original management plan.
                    (B) Implementation.--The local coordinating entity 
                shall not use Federal funds authorized by this Act to 
                implement an amendment to the management plan until the 
                Secretary approves the amendment.
            (6) Authorities.--The Secretary may--
                    (A) provide technical assistance under the 
                authority of this Act for the development and 
                implementation of the management plan; and
                    (B) enter into cooperative agreements with 
                interested parties to carry out this Act.

SEC. 5. EVALUATION; REPORT.

    (a) In General.--Not later than 3 years before the date on which 
authority for Federal funding terminates for the Heritage Area under 
this Act, the Secretary shall--
            (1) conduct an evaluation of the accomplishments of the 
        Heritage Area; and
            (2) prepare a report in accordance with subsection (c).
    (b) Evaluation.--An evaluation conducted under subsection (a)(1) 
shall--
            (1) assess the progress of the local coordinating entity 
        with respect to--
                    (A) accomplishing the purposes of the authorizing 
                legislation for the Heritage Area; and
                    (B) achieving the goals and objectives of the 
                approved management plan for the Heritage Area;
            (2) analyze the Federal, State, tribal, local, and private 
        investments in the Heritage Area to determine the impact of the 
        investments; and
            (3) review the management structure, partnership 
        relationships, and funding of the Heritage Area for purposes of 
        identifying the critical components for sustainability of the 
        Heritage Area.
    (c) Report.--Based on the evaluation conducted under subsection 
(a)(1), the Secretary shall submit to the Committee on Energy and 
Natural Resources of the Senate and the Committee on Natural Resources 
of the House of Representatives a report that includes recommendations 
for the future role of the National Park Service, if any, with respect 
to the Heritage Area.

SEC. 6. LOCAL COORDINATING ENTITY.

    (a) Duties.--To further the purposes of the Heritage Area, in 
addition to developing the management plan for the Heritage Area under 
section 4, the local coordinating entity shall--
            (1) serve to facilitate and expedite the implementation of 
        projects and programs among diverse partners in the Heritage 
        Area;
            (2) submit an annual report to the Secretary for each 
        fiscal year for which the local coordinating entity receives 
        Federal funds under this Act, specifying--
                    (A) the specific performance goals and 
                accomplishments of the local coordinating entity;
                    (B) the expenses and income of the local 
                coordinating entity;
                    (C) the amounts and sources of matching funds;
                    (D) the amounts leveraged with Federal funds and 
                sources of the leveraging; and
                    (E) grants made to any other entities during the 
                fiscal year;
            (3) make available for audit for each fiscal year for which 
        the local coordinating entity receives Federal funds under this 
        Act, all information pertaining to the expenditure of the funds 
        and any matching funds; and
            (4) encourage economic viability and sustainability that is 
        consistent with the purposes of the Heritage Area.
    (b) Authorities.--For the purpose of preparing and implementing the 
approved management plan for the Heritage Area under section 4, the 
local coordinating entity may use Federal funds made available under 
this Act--
            (1) to make grants to political jurisdictions, nonprofit 
        organizations, and other parties within the Heritage Area;
            (2) to enter into cooperative agreements with or provide 
        technical assistance to political jurisdictions, nonprofit 
        organizations, Federal agencies, and other interested parties;
            (3) to hire and compensate staff, including individuals 
        with expertise in--
                    (A) natural, historical, cultural, educational, 
                scenic, and recreational resource conservation;
                    (B) economic and community development; and
                    (C) heritage planning;
            (4) to obtain funds or services from any source, including 
        other Federal programs;
            (5) to enter into contracts for goods or services; and
            (6) to support activities of partners and any other 
        activities that further the purposes of the Heritage Area and 
        are consistent with the approved management plan.
    (c) Prohibition on Acquisition of Real Property.--The local 
coordinating entity may not use Federal funds authorized under this Act 
to acquire any interest in real property.

SEC. 7. RELATIONSHIP TO OTHER FEDERAL AGENCIES.

    (a) In General.--Nothing in this Act affects the authority of a 
Federal agency to provide technical or financial assistance under any 
other provision of law.
    (b) Consultation and Coordination.--The head of any Federal agency 
planning to conduct activities that may have an impact on a Heritage 
Area is encouraged to consult and coordinate the activities with the 
Secretary and the local coordinating entity, to the maximum extent 
practicable.
    (c) Other Federal Agencies.--Nothing in this Act--
            (1) modifies, alters, or amends any law (including a 
        regulation) authorizing a Federal agency to manage Federal land 
        under the jurisdiction of the Federal agency;
            (2) limits the discretion of a Federal land manager to 
        implement an approved land use plan within the boundaries of a 
        Heritage Area; or
            (3) modifies, alters, or amends any authorized use of 
        Federal land under the jurisdiction of a Federal agency.

SEC. 8. PRIVATE PROPERTY AND REGULATORY PROTECTIONS.

    Nothing in this Act--
            (1) abridges the rights of any property owner (whether 
        public or private), including the right to refrain from 
        participating in any plan, project, program, or activity 
        conducted within the Heritage Area;
            (2) requires any property owner to permit public access 
        (including access by Federal, State, tribal, or local agencies) 
        to the property of the property owner, or to modify public 
        access or use of property of the property owner under any other 
        Federal, State, tribal, or local law;
            (3) alters any duly adopted land use regulation, approved 
        land use plan, or other regulatory authority (such as the 
        authority to make safety improvements or increase the capacity 
        of existing roads or to construct new roads) of any Federal, 
        State, tribal, or local agency, or conveys any land use or 
        other regulatory authority to any local coordinating entity, 
        including development and management of energy or water or 
        water-related infrastructure;
            (4) authorizes or implies the reservation or appropriation 
        of water or water rights;
            (5) diminishes the authority of any State to manage fish 
        and wildlife, including the regulation of fishing and hunting 
        within the Heritage Area; or
            (6) creates any liability, or affects any liability under 
        any other law, of any private property owner with respect to 
        any person injured on the private property.

SEC. 9. FUNDING.

    (a) Authorization of Appropriations.--Subject to subsection (b), 
there is authorized to be appropriated to carry out this Act $1,000,000 
for each fiscal year, to remain available until expended.
    (b) Limitation on Total Amounts Appropriated.--Not more than a 
total of $10,000,000 may be made available to carry out this Act.
    (c) Cost-Sharing.--
            (1) In general.--The Federal share of the total cost of any 
        activity carried out under this Act shall not exceed 50 
        percent.
            (2) Form of non-federal share.--The non-Federal share of 
        the cost of any activity carried out under this Act may be 
        provided in the form of in-kind contributions of goods or 
        services fairly valued.
                                                       Calendar No. 995

110th CONGRESS

  2d Session

                                S. 3045

_______________________________________________________________________

                                 A BILL

     To establish the Kenai Mountains-Turnagain Arm National Forest 
     Heritage Area in the State of Alaska, and for other purposes.

_______________________________________________________________________

                           September 16, 2008

                       Reported with an amendment
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