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Calendar No. 679

106TH CONGRESS

2D SESSION S. 1998

[Report No. 106–340]

To establish the Yuma Crossing National Heritage Area.

IN THE SENATE OF THE UNITED STATES

NOVEMBER 19, 1999

Mr. MCCAIN (for himself and Mr. KYL) introduced the following bill; which

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

Resources

JULY 12, 2000

Reported by Mr. MURKOWSKI, with an amendment

[Insert the part printed in italic]

A BILL

To establish the Yuma Crossing 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 ‘‘Yuma Crossing Na5 tional Heritage Area Act of 1999’’.

6 SEC. 2. FINDINGS AND PURPOSES.

7 (a) FINDINGS.—Congress finds that—
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1 (1) certain events that led to the establishment

2 of the Yuma Crossing as a natural crossing place on

3 the Colorado River, and to the development of the

4 Yuma Crossing as an important landmark in the

5 westward expansion of the United States during the

6 mid-19th century, are of national historic and cul7 tural significance, based on the contribution of those

8 events to the development of the United States;

9 (2) it is in the interest of the United States to

10 promote, preserve, and protect, for the education

11 and benefit of present and future generations, phys12 ical remnants of a community that—

13 (A) possesses almost 500 years of recorded

14 history; and

15 (B) has significant cultural, historic, and

16 architectural value;

17 (3) the designation of the Yuma Crossing as a

18 national heritage area would—

19 (A) preserve the history of the Yuma

20 Crossing area;

21 (B) provide related educational opportuni22 ties and recreational opportunities;

23 (C) preserve natural resources;

24 (D) optimize the use of riverfront property;

25 and
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1 (E) improve the ability of the Yuma region

2 to serve visitors and enhance the local economy

3 through the completion of major projects identi4 fied within the Yuma Crossing National Herit5 age Area;

6 (4) the Department of the Interior is respon7 sible for protecting the cultural and historic re8 sources of the United States;

9 (5) the quantity and quality of resources within

10 the Yuma region merit the involvement of the Fed11 eral Government in developing programs and

12 projects, in cooperation with the Yuma Crossing Na13 tional Heritage Area and other local and govern14 mental bodies—

15 (A) to adequately conserve, protect, and in16 terpret the heritage of the Yuma region for fur17 ther generations; and

18 (B) to provide opportunities for education,

19 revitalization, and economic development;

20 (6) the city of Yuma, the Arizona State Parks

21 Board, agencies of the Federal Government, cor22 porate entities, and citizens will complete a study

23 and master plan for the Yuma Crossing that meets

24 established criteria by the National Park Service—
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1 (A) to determine the extent of the historic

2 resources present in the Yuma region;

3 (B) to preserve and interpret those historic

4 resources; and

5 (C) to assess the opportunities available to

6 enhance the cultural experience for visitors to

7 and residents of the Yuma region; and

8 (7) the Yuma Crossing National Heritage Area

9 Board of Directors would be an appropriate manage10 ment entity for a heritage area established in the

11 Yuma region.

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

13 (1) to recognize the role of the Yuma Crossing

14 in the development of the United States, with par15 ticular emphasis on the position of the crossing as

16 an important landmark in the westward expansion of

17 the United States during the mid-19th century;

18 (2) to promote, interpret, and develop the phys19 ical and recreational resources of the communities

20 surrounding the Yuma Crossing to preserve almost

21 500 years of recorded history and the outstanding

22 cultural, historic, and architectural assets of the re23 gion for the education and benefit of present and fu24 ture generations;
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1 (3) to foster a close working relationship with

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

3 local communities in the Yuma region;

4 (4) to empower the community to simulta5 neously conserve the heritage and natural resources

6 of the Yuma region while continuing to pursue eco7 nomic opportunities;

8 (5) to provide recreational opportunities for

9 visitors to the Yuma Crossing;

10 (6) to optimize the use of riverfront property;

11 and

12 (7) to improve the ability of the Yuma region

13 to serve visitors and enhance the local economy

14 through the completion of major projects in the Her15 itage Area.

16 SEC. 3. DEFINITIONS.

17 In this Act:

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

19 Area’’ means the Yuma Crossing National Heritage

20 Area established by section 4(a).

21 (2) MANAGEMENT ENTITY.—The term ‘‘man22 agement entity’’ means the Yuma Crossing National

23 Heritage Area Board of Directors.
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1 (3) MANAGEMENT PLAN.—The term ‘‘manage2 ment plan’’ means the management plan for the

3 Heritage Area.

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

5 the Secretary of the Interior.

6 (5) YUMA REGION.—The term ‘‘Yuma region’’

7 means the county and city of Yuma, Arizona.

8 SEC. 4. YUMA CROSSING NATIONAL HERITAGE AREA.

9 (a) ESTABLISHMENT.—There is established the

10 Yuma Crossing National Heritage Area.

11 (b) BOUNDARIES.—

12 (1) IN GENERAL.—The Heritage Area shall be

13 comprised of those portions of the Yuma region to14 taling approximately 21 square miles, bounded—

15 (A) on the west, by the Colorado River (in16 cluding the crossing point of the Army of the

17 West);

18 (B) on the east, by Avenue 7E;

19 (C) on the north, by the Colorado River;

20 and

21 (D) on the south, by the 12th Street align22 ment.

23 (2) LAND AND RESOURCES.—The boundaries of

24 the Heritage Area described in paragraph (1)

25 encompass—
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1 (A) all land, the ownership of which is not

2 in dispute, that is within the boundaries and lo3 cated in the State of Arizona; and

4 (B) over 150 identified historic, geologic,

5 and cultural resources.

6 (c) MANAGEMENT ENTITY.—The management entity

7 for the Heritage Area shall be the Yuma Crossing Na8 tional Heritage Area Board of Directors which shall in9 clude representatives from a broad cross-section of the indi10 viduals, agencies, organizations, and governments that have

11 been involved in the planning and development of the Herit12 age Area to this point. The management entity should also

13 reflect those who may have an interest in the purposes and

14 objectives of the Heritage Area now and in the future.

15 SEC. 5. COMPACT.

16 (a) IN GENERAL.—To carry out this Act, the Sec17 retary shall enter into a compact with the management

18 entity.

19 (b) COMPONENTS OF COMPACT.—The compact shall

20 include information relating to the objectives and manage21 ment of the Heritage Area, including—

22 (1) a discussion of the goals and objectives of

23 the Heritage Area;
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1 (2) an explanation of the proposed approach to

2 conservation and interpretation of the Heritage

3 Area; and

4 (3) a general outline of the protection measures

5 to which the management entity commits.

6 (c) SUBMISSION AND APPROVAL OR DISAPPROVAL OF

7 COMPACT.—

8 (1) SUBMISSION.—The management entity shall

9 submit to the Secretary a proposed compact not

10 later than 1 year after the date of enactment of this

11 Act.

12 (2) APPROVAL OR DISAPPROVAL.—Not later

13 than 90 days after receiving the compact under

14 paragraph (1), the Secretary shall approve or dis15 approve the proposed compact.

16 (3) PROCEDURES ON DISAPPROVAL.—

17 (A) IN GENERAL.—If the Secretary dis18 approves a proposed compact, the Secretary

19 shall—

20 (i) advise the management entity, in

21 writing, of the reasons for the disapproval;

22 and

23 (ii) make recommendations for revi24 sions of the proposed compact.
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1 (B) APPROVAL OR DISAPPROVAL OF REVI2 SIONS.—Not later than 90 days after receiving

3 any proposed revision to a proposed compact

4 from the management entity, the Secretary

5 shall approve or disapprove the proposed revi6 sion.

7 SEC. 6. AUTHORITIES AND DUTIES OF MANAGEMENT

8 ENTITY.

9 (a) MANAGEMENT PLAN.—

10 (1) IN GENERAL.—The management entity

11 shall develop a management plan for the Heritage

12 Area, taking into consideration existing State, coun13 ty, and local plans.

14 (2) CONTENTS.—The management plan shall

15 include—

16 (A) comprehensive recommendations for

17 conservation, funding, management, and devel18 opment of the Heritage Area;

19 (B) a description of actions to be carried

20 out by units of government and private organi21 zations to protect the resources of the Heritage

22 Area;

23 (C) a list of specific existing and potential

24 sources of funding to protect, manage, and de25 velop the Heritage Area;
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1 (D) an inventory of the resources con2 tained in the Heritage Area, including a list of

3 any property in the Heritage Area that—

4 (i) is related to the themes of the

5 Heritage Area; and

6 (ii) should be preserved, restored,

7 managed, developed, or maintained because

8 of the natural, cultural, historical, rec9 reational, or scenic significance of the

10 property;

11 (E) a recommendation of policies for re12 source management that take into consideration

13 and describe any benefits of the application of

14 appropriate land and water management tech15 niques, including the development of intergov16 ernmental cooperative agreements to protect the

17 natural, cultural, historical, recreational, and

18 scenic resources of the Heritage Area in a man19 ner consistent with supporting appropriate and

20 compatible economic viability;

21 (F) a program for implementation of the

22 management plan by the management entity,

23 including—

24 (i) plans for restoration and construc25 tion; and
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1 (ii) specific commitments of the iden2 tified partners for the first 5 years of oper3 ation;

4 (G) an analysis of methods by which Fed5 eral, State, and local programs may best be co6 ordinated to promote the purposes of this Act;

7 and

8 (H) an interpretation plan for the Heritage

9 Area.

10 (3) SUBMISSION TO SECRETARY.—The manage11 ment entity shall submit the management plan to

12 the Secretary for approval not later than 3 years

13 after the date of enactment of this Act.

14 (4) APPROVAL AND DISAPPROVAL OF MANAGE15 MENT PLANS.—

16 (A) IN GENERAL.—Not later than 90 days

17 after receiving a management plan under para18 graph (3), the Secretary, in consultation with

19 the management entity, shall approve or dis20 approve the management plan.

21 (B) PROCEDURES ON DISAPPROVAL.—

22 (i) IN GENERAL.—If the Secretary

23 disapproves the management plan, the Sec24 retary shall—
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1 (I) advise the management enti2 ty, in writing, of the reasons for the

3 disapproval; and

4 (II) make recommendations for

5 revisions of the management plan.

6 (ii) APPROVAL OR DISAPPROVAL OF

7 REVISIONS.—Not later than 90 days after

8 receiving any proposed revision to the

9 management plan from the management

10 entity, the Secretary shall approve or dis11 approve the proposed revision.

12 (5) AMENDMENTS TO MANAGEMENT PLAN.—

13 Any substantial amendment to the management

14 plan—

15 (A) shall be reviewed by the Secretary; and

16 (B) shall not be implemented by the ex17 penditure of funds made available under this

18 Act until such time as the Secretary approves

19 the amendment.

20 (b) DUTIES OF MANAGEMENT ENTITY.—In addition

21 to the responsibilities described in subsection (a), the man22 agement entity shall—

23 (1) give priority to implementing actions set

24 forth in the compact under section 5 and the man25 agement plan, including actions to assist units of
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1 government, regional planning organizations, and

2 nonprofit organizations in preserving the Heritage

3 Area;

4 (2) assist units of government, regional plan5 ning organizations, and nonprofit organizations in—

6 (A) establishing and maintaining interpre7 tive exhibits in the Heritage Area;

8 (B) developing recreational resources in

9 the Heritage Area;

10 (C) increasing public awareness of and ap11 preciation for the natural, cultural, historical,

12 recreational, and scenic resources and sites in

13 the Heritage Area;

14 (D) restoring any historic building relating

15 to the themes of the Heritage Area and

16 (E) ensuring that clear, consistent, and en17 vironmentally appropriate signs identifying ac18 cess points and sites of interest are installed

19 throughout the Heritage Area;

20 (3) encourage, by appropriate means, economic

21 viability in the Heritage Area consistent with the

22 goals of the management plan;

23 (4) encourage local governments to adopt poli24 cies consistent with the management of the Heritage

25 Area and the goals of the management plan;
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1 (5) consider the interests of diverse govern2 mental, business, and nonprofit groups within the

3 Heritage Area;

4 (6) conduct public meetings at least quarterly

5 regarding the implementation of the management

6 plan; and

7 (7) for any year in which Federal funds are re8 ceived under this Act—

9 (A) to make available for audit all records

10 pertaining to the expenditure of the funds and

11 any matching funds; and

12 (B) require, for all agreements authorizing

13 the expenditure of Federal funds by other orga14 nizations, that the receiving organizations make

15 available for audit all records pertaining to the

16 expenditure of the funds.

17 (c) USE OF FUNDS.—The management entity may,

18 for the purposes of preparing and implementing the man19 agement plan, use funds made available under this Act—

20 (1) to make grants to, and enter into coopera21 tive agreements with, States (including political sub22 divisions), private organizations, or any person;

23 (2) to hire and compensate staff; and

24 (3) to enter into contracts for goods and serv25 ices.
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1 (d) PROHIBITION ON THE ACQUISITION OF REAL

2 PROPERTY.—The management entity shall not use Fed3 eral funds received under this Act to acquire real property

4 or any interest in real property.

5 (e) FEDERAL FUNDS FROM OTHER SOURCES.—

6 Nothing in this Act prohibits the management entity from

7 using Federal funds from other sources for permitted pur8 poses.

9 (f) SPENDING FOR NON-FEDERALLY OWNED PROP10 ERTY.—The management entity may use Federal funds

11 received under this Act to carry out activities on property

12 that is not owned by the Federal Government to further

13 the purposes of this Act, especially to assist units of gov14 ernment in the appropriate treatment of districts, sites,

15 buildings, structures, and objects that are listed or eligible

16 for listing on the National Register of Historic Places.

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

18 (a) TECHNICAL AND FINANCIAL ASSISTANCE.—The

19 Secretary may, on request of the management entity, pro20 vide technical and financial assistance to the management

21 entity to develop and implement the management plan, in22 cluding assistance in actions to—

23 (1) conserve the significant natural, cultural,

24 historical, recreational, and scenic resources that

25 support the themes of the Heritage Area; and
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1 (2) provide educational, interpretive, and rec2 reational opportunities consistent with the resources

3 and associated values of the Heritage Area.

4 (b) DOCUMENTATION.—The Historic American

5 Building Survey/Historic American Engineering Record

6 shall conduct any study necessary to document the nat7 ural, cultural, historical, recreational, and scenic resources

8 of the Heritage Area.

9 SEC. 8. TERMINATION OF AUTHORITY.

10 The authority of the Secretary to make a grant or

11 provide assistance under this Act terminates on September

12 30, 2015.

13 SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

14 (a) IN GENERAL.—There is authorized to be appro15 priated to carry out this Act not more than $1,000,000

16 for any fiscal year, of which not more than a total of

17 $10,000,000 may be used for the Heritage Area.

18 (b) FEDERAL SHARE.—Federal funds provided under

19 this Act after the date of enactment of this Act shall not

20 exceed 50 percent of the total cost of any assistance or

21 grant provided or authorized under this Act.

Calendar No. 679

106TH CONGRESS

2D SESSION S. 1998

[Report No. 106–340]

A BILL

To establish the Yuma Crossing National Heritage

Area.

JULY 12, 2000

Reported with an amendment