II

106TH CONGRESS

1ST SESSION S. 1685

To authorize the Golden Spike/Crossroads of the West National Heritage

Area.

IN THE SENATE OF THE UNITED STATES

OCTOBER 4, 1999

Mr. BENNETT introduced the following bill; which was read twice and referred

to the Committee on Energy and Natural Resources

A BILL

To authorize the Golden Spike/Crossroads of the West

National Heritage Area.

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 ‘‘Golden Spike/Cross5 roads of the West National Heritage Area Act of 1999’’.

6 SEC. 2. FINDINGS AND PURPOSES.

7 (a) FINDINGS.—Congress finds that—

8 (1) the industrial, cultural, and natural heritage

9 legacies of linking the United States by rail in
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1 northern Utah at the Crossroads of the West are na2 tionally significant;

3 (2) in the areas of northern Utah (including

4 and in proximity to Ogden, Utah), linking the

5 United States by rail at the Crossroads of the West

6 helped establish and expand the industrial power of

7 the United States;

8 (3) the economic strength of the United States

9 is connected integrally to the vitality of the inter10 continental railways, which employ millions of work11 ers;

12 (4) the industrial and cultural heritage of the

13 intercontinental railways at the Crossroads of the

14 West includes social history and living cultural tradi15 tions of several generations;

16 (5) the National Historic District in Ogden,

17 Utah, is a prime example of the cultural heritage of

18 the linking of the United States by rail at the Cross19 roads of the West;

20 (6)(A) the Department of the Interior is re21 sponsible for protecting and interpreting the cultural

22 and historic resources of the United States; and

23 (B) there are significant examples of cultural

24 and historic resources in Ogden, Utah, and northern

25 Utah that merit the involvement of the Federal Gov-
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1 ernment to develop programs and projects in co2 operation with the city of Ogden, Utah, and other

3 local and governmental bodies, to adequately con4 serve, protect, and interpret the heritage for the

5 education and recreational benefit of people of the

6 United States;

7 (7) the city of Ogden, Utah, would be an appro8 priate entity to oversee the development of the Her9 itage Area; and

10 (8) a 1993 National Park Service study, enti11 tled ‘‘Golden Spike Rail Feasibility Study’’, dem12 onstrated that sufficient historical resources exist to

13 establish the Heritage Area.

14 (b) PURPOSES.—The purposes of this Act are to es15 tablish the Golden Spike/Crossroads of the West National

16 Heritage Area—

17 (1) to foster a close working relationship with

18 all levels of government, the private sector, and the

19 local communities in Utah;

20 (2) to empower communities in Utah to con21 serve their Golden Spike heritage while strength22 ening future economic opportunities; and

23 (3) to conserve, interpret, and develop the his24 torical, cultural, natural, and recreational resources
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1 related to the industrial and cultural heritage of the

2 Heritage Area.

3 SEC. 3. DEFINITIONS.

4 In this Act:

5 (1) CITY.—The term ‘‘City’’ means the city of

6 Ogden, Utah.

7 (2) HERITAGE AREA.—The term ‘‘Heritage

8 Area’’ means the Golden Spike/Crossroads of the

9 West National Heritage Area established by section

10 4.

11 (3) MANAGEMENT PLAN.—The term ‘‘manage12 ment plan’’ means the management plan for the

13 Heritage Area required under section 6(a).

14 (4) SECRETARY.—The term ‘‘Secretary’’ means

15 the Secretary of the Interior.

16 SEC. 4. GOLDEN SPIKE/CROSSROADS OF THE WEST NA17 TIONAL HERITAGE AREA.

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

19 State of Utah the Golden Spike/Crossroads of the West

20 National Heritage Area.

21 (b) BOUNDARIES.—The boundaries of the Heritage

22 Area—

23 (1) shall be those specified in the management

24 plan approved under section 6; and

25 (2) shall include land in Utah related to—
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1 (A) Union Pacific Station in Ogden, Utah;

2 and

3 (B) 24th and 25th Street Historic District

4 in Ogden, Utah.

5 (c) MAP.—

6 (1) PREPARATION.—The Secretary shall pre7 pare a map of the Heritage Area.

8 (2) AVAILABILITY.—The map described in sub9 paragraph (A) shall be on file and available for pub10 lic inspection in the office of the Director of the Na11 tional Park Service.

12 (d) ADMINISTRATION.—The Heritage Area shall be

13 administered in accordance with this Act.

14 (e) STUDY.—The Secretary, in cooperation with the

15 City, shall conduct a study to determine the feasibility of

16 establishing a national heritage corridor from the City to

17 Promontory Point.

18 (f) ADDITIONS OF LANDS.—The Secretary may add

19 land to the Heritage Area in response to a request from

20 the City.

21 SEC. 5. DESIGNATION OF CITY AS MANAGEMENT ENTITY.

22 (a) IN GENERAL.—The City shall be the management

23 entity for the Heritage Area.

24 (b) FEDERAL FUNDING.—
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1 (1) AUTHORIZATION TO RECEIVE FUNDS.—Sub2 ject to paragraph (2), the City may receive amounts

3 appropriated to carry out this Act.

4 (2) DISQUALIFICATION.—If a management plan

5 for the Heritage Area is not submitted to the Sec6 retary in accordance with section 6, the City shall

7 cease to be authorized to receive Federal funding

8 under this Act until the date on which a manage9 ment plan is submitted to the Secretary.

10 (c) AUTHORITIES OF CITY.—The City may, for pur11 poses of preparing and implementing the management

12 plan, use Federal funds made available under this Act—

13 (1) to make grants and loans to the State of

14 Utah (including political subdivisions), nonprofit or15 ganizations, and other persons;

16 (2) to enter into cooperative agreements with or

17 provide technical assistance to Federal agencies, the

18 State of Utah (including political subdivisions), non19 profit organizations, and other persons;

20 (3) to hire and compensate staff;

21 (4) to obtain money from any source under any

22 program or law requiring the recipient of the money

23 to make a contribution in order to receive the

24 money;

25 (5) to contract for goods and services; and
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1 (6) for such other activities as are necessary to

2 carry out the duties of the City under this Act.

3 (d) PROHIBITION OF ACQUISITION OF REAL PROP4 ERTY.—The City shall not use Federal funds received

5 under this Act to acquire real property or any interest in

6 real property.

7 SEC. 6. MANAGEMENT DUTIES OF THE CITY.

8 (a) HERITAGE AREA MANAGEMENT PLAN.—

9 (1) SUBMISSION FOR REVIEW BY SECRETARY.—

10 Not later than 3 years after the date of enactment

11 of this Act, the City shall submit to the Secretary

12 a management plan for the Heritage Area.

13 (2) PLAN REQUIREMENTS, GENERALLY.—A

14 management plan submitted under this section

15 shall—

16 (A) present comprehensive recommenda17 tions for the conservation, funding, manage18 ment, and development of the Heritage Area;

19 (B) be prepared with public participation;

20 (C) take into consideration existing Fed21 eral, State, county, and local plans;

22 (D) involve residents, public agencies, and

23 private organizations in the management of the

24 Heritage Area;
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1 (E) include a description of recommended

2 actions that units of government and private or3 ganizations should take to protect the resources

4 of the Heritage Area; and

5 (F) specify existing and potential sources

6 of Federal and non-Federal funding for the

7 conservation, management, and development of

8 the Heritage Area.

9 (3) ADDITIONAL PLAN REQUIREMENTS.—The

10 management plan shall include, as appropriate, the

11 following:

12 (A) An inventory of resources contained in

13 the Heritage Area that—

14 (i) shall include a list of property in

15 the Heritage Area that should be con16 served, restored, managed, developed, or

17 maintained because of the natural, cul18 tural, or historic significance of the prop19 erty as it relates to the themes of the Her20 itage Area; and

21 (ii) shall not include property that is

22 privately owned, unless the owner of the

23 property consents in writing to the inclu24 sion.
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1 (B) Recommendations for the interpreta2 tion of the Heritage Area, including rec3 ommendations for the development of intergov4 ernmental cooperative agreements to manage

5 the historical, cultural, and natural resources

6 and recreational opportunities of the Heritage

7 Area in a manner that maintains appropriate

8 and compatible economic viability.

9 (C) A program for implementation of the

10 management plan, including—

11 (i) plans for restoration and construc12 tion; and

13 (ii) a description of any commitments

14 that have been made by persons interested

15 in management of the Heritage Area.

16 (D) An analysis of the means by which

17 Federal, State, and local programs may best be

18 coordinated to promote the purposes of this

19 Act.

20 (E) An interpretive plan for the Heritage

21 Area.

22 (4) APPROVAL AND DISAPPROVAL OF THE MAN23 AGEMENT PLAN.—

24 (A) IN GENERAL.—Not later than 180

25 days after submission of the management plan
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1 by the City, the Secretary shall approve or dis2 approve the plan.

3 (B) NO ACTION ON PLAN.—If the Sec4 retary does not approve or disapprove the plan

5 in accordance with subsection (A), the plan

6 shall be considered approved.

7 (C) DISAPPROVAL.—If the Secretary dis8 approves the plan under subparagraph (A), the

9 Secretary shall, in writing—

10 (i) advise the City of the reasons for

11 the disapproval; and

12 (ii) make recommendations to the City

13 for the revision of the plan.

14 (D) PROPOSED REVISIONS TO PLAN.—Not

15 later than 60 days after receipt from the City

16 of proposed revisions to the plan, the Secretary

17 shall approve or disapprove the proposed revi18 sions.

19 (E) NO ACTION ON PROPOSED REVI20 SIONS.—If the Secretary does not approve or

21 disapprove the proposed revisions to the plan in

22 accordance with subparagraph (D), the plan

23 and proposed revisions shall be considered ap24 proved.
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1 (b) PRIORITIES.—The City shall give priority to the

2 implementation of actions, goals, and policies set forth in

3 the management plan for the Heritage Area, including—

4 (1) the conservation of the Heritage Area;

5 (2) the establishment and maintenance of inter6 pretive exhibits in the Heritage Area;

7 (3) the development of recreational opportuni8 ties in the Heritage Area;

9 (4) the increase in public awareness of and ap10 preciation for the natural, historical, and cultural re11 sources of the Heritage Area;

12 (5) the restoration of historic buildings that are

13 located within the boundaries of the Heritage Area

14 and related to the theme of the Heritage Area;

15 (6) the placement of clear, consistent, and envi16 ronmentally appropriate signs identifying access

17 points and sites of interest throughout the Heritage

18 Area; and

19 (7) the encouragement of economic viability in

20 the affected communities by appropriate means, in

21 accordance with the goals of the management plan.

22 (c) CONSIDERATION OF INTERESTS OF LOCAL

23 GROUPS.—The City shall, in preparing and implementing

24 the management plan, consider the interests of diverse
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1 units of government, businesses, private property owners,

2 and nonprofit groups in the Heritage Area.

3 (d) PUBLIC MEETINGS.—The City shall conduct pub4 lic meetings at least annually regarding the implementa5 tion of the management plan.

6 (e) ANNUAL REPORTS.—The City shall, for each fis7 cal year in which the City receives Federal funds under

8 this Act, submit to the Secretary an annual report that

9 describes—

10 (1) the accomplishments of the City;

11 (2) the expenses and income of the City; and

12 (3) each entity to which the City made a loan

13 or grant during the year.

14 (f) COOPERATION WITH AUDITS.—The City shall, for

15 any fiscal year in which the City receives Federal funds

16 under this Act, make available for audit by Congress, the

17 Secretary, and appropriate units of government—

18 (1) all records and other information pertaining

19 to the expenditures of Federal funds by other orga20 nizations that the receiving organizations make

21 available for audit; and

22 (2) all records and other information pertaining

23 to the expenditure of Federal funds.

24 (g) DELEGATIONS.—
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1 (1) IN GENERAL.—The City may delegate the

2 responsibilities and actions under this section for

3 each area or district identified in section 4(b)(2).

4 (2) REVIEW AND APPROVAL.—All responsibil5 ities and actions delegated under paragraph (1) shall

6 be subject to review and approval by the City.

7 SEC. 7. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES.

8 (a) TECHNICAL ASSISTANCE AND GRANTS.—

9 (1) IN GENERAL.—The Secretary may provide

10 technical assistance and, subject to the availability

11 of appropriations, grants, to assist in implementa12 tion of the management plan, to—

13 (A) the City; and

14 (B) on request of the City, units of govern15 ment, nonprofit organizations, and other per16 sons.

17 (2) PROHIBITION OF CERTAIN REQUIRE18 MENTS.—The Secretary shall not, as a condition of

19 the award of technical assistance or grants under

20 this section, require any recipient of the technical

21 assistance or grant to enact or modify land use re22 strictions.

23 (3) DETERMINATIONS REGARDING ASSIST24 ANCE.—
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1 (A) IN GENERAL.—The Secretary shall de2 termine whether, and in what amount, technical

3 assistance or a grant shall be awarded under

4 paragraph (1), giving preference to projects

5 that provide a greater leverage of Federal

6 funds.

7 (B) CRITERIA FOR DETERMINATION.—A

8 determination under subparagraph (A) shall be

9 based on the relative degree to which the tech10 nical assistance or grant effectively—

11 (i) fulfills the objectives contained in

12 the management plan; and

13 (ii) achieves the purposes of this Act.

14 (b) PROVISION OF INFORMATION.—In cooperation

15 with other Federal agencies, the Secretary shall provide

16 the general public with information regarding the location

17 and character of the Heritage Area.

18 (c) OTHER ASSISTANCE.—The Secretary may enter

19 into cooperative agreements with public and private orga20 nizations for the purposes of implementing this section.

21 (d) DUTIES OF OTHER FEDERAL AGENCIES.—Any

22 Federal entity conducting any activity directly affecting

23 the Heritage Area shall—

24 (1) consider the potential effect of the activity

25 on the management plan; and
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1 (2) consult with the City with respect to the ac2 tivity to minimize the adverse effects of the activity

3 on the Heritage Area.

4 SEC. 8. LACK OF EFFECT ON LAND USE REGULATION AND

5 PRIVATE PROPERTY.

6 (a) LACK OR EFFECT ON AUTHORITY OF LOCAL

7 GOVERNMENT.—Nothing in this Act modifies or otherwise

8 affects any authority of Federal, State, or local govern9 ments to regulate any use of land under any other law

10 (including a regulation).

11 (b) LACK OF ZONING OR LAND USE POWERS.—

12 Nothing in this Act grants powers of zoning or land use

13 control to the City.

14 (c) LOCAL AUTHORITY AND PRIVATE PROPERTY

15 NOT AFFECTED.—Nothing in this Act affects or author16 izes the City to interfere with—

17 (1) the rights of any person with respect to pri18 vate property; or

19 (2) any local zoning ordinance or land use plan

20 of the State of Utah (including a political subdivi21 sion).

22 SEC. 9. SUNSET.

23 The Secretary shall not make a grant or provide any

24 assistance under this Act after September 30, 2016.
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1 SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

2 (a) IN GENERAL.—There is authorized to be appro3 priated to carry out this Act $1,000,000 for each fiscal

4 year, except that the total amount authorized to be appro5 priated to carry out this Act shall not exceed $10,000,000.

6 (b) 50 PERCENT MATCH.—Federal funding provided

7 under this Act may not exceed 50 percent of the total cost

8 of any activity carried out with Federal funds.

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