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[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1998 Reported in Senate (RS)]

                                                       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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Yuma Crossing National Heritage Area 
Act of 1999''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) certain events that led to the establishment of the 
        Yuma Crossing as a natural crossing place on the Colorado 
        River, and to the development of the Yuma Crossing as an 
        important landmark in the westward expansion of the United 
        States during the mid-19th century, are of national historic 
        and cultural significance, based on the contribution of those 
        events to the development of the United States;
            (2) it is in the interest of the United States to promote, 
        preserve, and protect, for the education and benefit of present 
        and future generations, physical remnants of a community that--
                    (A) possesses almost 500 years of recorded history; 
                and
                    (B) has significant cultural, historic, and 
                architectural value;
            (3) the designation of the Yuma Crossing as a national 
        heritage area would--
                    (A) preserve the history of the Yuma Crossing area;
                    (B) provide related educational opportunities and 
                recreational opportunities;
                    (C) preserve natural resources;
                    (D) optimize the use of riverfront property; and
                    (E) improve the ability of the Yuma region to serve 
                visitors and enhance the local economy through the 
                completion of major projects identified within the Yuma 
                Crossing National Heritage Area;
            (4) the Department of the Interior is responsible for 
        protecting the cultural and historic resources of the United 
        States;
            (5) the quantity and quality of resources within the Yuma 
        region merit the involvement of the Federal Government in 
        developing programs and projects, in cooperation with the Yuma 
        Crossing National Heritage Area and other local and 
        governmental bodies--
                    (A) to adequately conserve, protect, and interpret 
                the heritage of the Yuma region for further 
                generations; and
                    (B) to provide opportunities for education, 
                revitalization, and economic development;
            (6) the city of Yuma, the Arizona State Parks Board, 
        agencies of the Federal Government, corporate entities, and 
        citizens will complete a study and master plan for the Yuma 
        Crossing that meets established criteria by the National Park 
        Service--
                    (A) to determine the extent of the historic 
                resources present in the Yuma region;
                    (B) to preserve and interpret those historic 
                resources; and
                    (C) to assess the opportunities available to 
                enhance the cultural experience for visitors to and 
                residents of the Yuma region; and
            (7) the Yuma Crossing National Heritage Area Board of 
        Directors would be an appropriate management entity for a 
        heritage area established in the Yuma region.
    (b) Purposes.--The purposes of this Act are--
            (1) to recognize the role of the Yuma Crossing in the 
        development of the United States, with particular emphasis on 
        the position of the crossing as an important landmark in the 
        westward expansion of the United States during the mid-19th 
        century;
            (2) to promote, interpret, and develop the physical and 
        recreational resources of the communities surrounding the Yuma 
        Crossing to preserve almost 500 years of recorded history and 
        the outstanding cultural, historic, and architectural assets of 
        the region for the education and benefit of present and future 
        generations;
            (3) to foster a close working relationship with all levels 
        of government, the private sector, and the local communities in 
        the Yuma region;
            (4) to empower the community to simultaneously conserve the 
        heritage and natural resources of the Yuma region while 
        continuing to pursue economic opportunities;
            (5) to provide recreational opportunities for visitors to 
        the Yuma Crossing;
            (6) to optimize the use of riverfront property; and
            (7) to improve the ability of the Yuma region to serve 
        visitors and enhance the local economy through the completion 
        of major projects in the Heritage Area.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Heritage area.--The term ``Heritage Area'' means the 
        Yuma Crossing National Heritage Area established by section 
        4(a).
            (2) Management entity.--The term ``management entity'' 
        means the Yuma Crossing National Heritage Area Board of 
        Directors.
            (3) Management plan.--The term ``management plan'' means 
        the management plan for the Heritage Area.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (5) Yuma region.--The term ``Yuma region'' means the county 
        and city of Yuma, Arizona.

SEC. 4. YUMA CROSSING NATIONAL HERITAGE AREA.

    (a) Establishment.--There is established the Yuma Crossing National 
Heritage Area.
    (b) Boundaries.--
            (1) In general.--The Heritage Area shall be comprised of 
        those portions of the Yuma region totaling approximately 21 
        square miles, bounded--
                    (A) on the west, by the Colorado River (including 
                the crossing point of the Army of the West);
                    (B) on the east, by Avenue 7E;
                    (C) on the north, by the Colorado River; and
                    (D) on the south, by the 12th Street alignment.
            (2) Land and resources.--The boundaries of the Heritage 
        Area described in paragraph (1) encompass--
                    (A) all land, the ownership of which is not in 
                dispute, that is within the boundaries and located in 
                the State of Arizona; and
                    (B) over 150 identified historic, geologic, and 
                cultural resources.
    (c) Management Entity.--The management entity for the Heritage Area 
shall be the Yuma Crossing National Heritage Area Board of Directors 
which shall include representatives from a broad cross-section of the 
individuals, agencies, organizations, and governments that have been 
involved in the planning and development of the Heritage Area to this 
point. The management entity should also reflect those who may have an 
interest in the purposes and objectives of the Heritage Area now and in 
the future.

SEC. 5. COMPACT.

    (a) In General.--To carry out this Act, the Secretary shall enter 
into a compact with the management entity.
    (b) Components of Compact.--The compact shall include information 
relating to the objectives and management of the Heritage Area, 
including--
            (1) a discussion of the goals and objectives of the 
        Heritage Area;
            (2) an explanation of the proposed approach to conservation 
        and interpretation of the Heritage Area; and
            (3) a general outline of the protection measures to which 
        the management entity commits.
    (c) Submission and Approval or Disapproval of Compact.--
            (1) Submission.--The management entity shall submit to the 
        Secretary a proposed compact not later than 1 year after the 
        date of enactment of this Act.
            (2) Approval or disapproval.--Not later than 90 days after 
        receiving the compact under paragraph (1), the Secretary shall 
        approve or disapprove the proposed compact.
            (3) Procedures on disapproval.--
                    (A) In general.--If the Secretary disapproves a 
                proposed compact, the Secretary shall--
                            (i) advise the management entity, in 
                        writing, of the reasons for the disapproval; 
                        and
                            (ii) make recommendations for revisions of 
                        the proposed compact.
                    (B) Approval or disapproval of revisions.--Not 
                later than 90 days after receiving any proposed 
                revision to a proposed compact from the management 
                entity, the Secretary shall approve or disapprove the 
                proposed revision.

SEC. 6. AUTHORITIES AND DUTIES OF MANAGEMENT
              ENTITY.

    (a) Management Plan.--
            (1) In general.--The management entity shall develop a 
        management plan for the Heritage Area, taking into 
        consideration existing State, county, and local plans.
            (2) Contents.--The management plan shall include--
                    (A) comprehensive recommendations for conservation, 
                funding, management, and development of the Heritage 
                Area;
                    (B) a description of actions to be carried out by 
                units of government and private organizations to 
                protect the resources of the Heritage Area;
                    (C) a list of specific existing and potential 
                sources of funding to protect, manage, and develop the 
                Heritage Area;
                    (D) an inventory of the resources contained in the 
                Heritage Area, including a list of any property in the 
                Heritage Area that--
                            (i) is related to the themes of the 
                        Heritage Area; and
                            (ii) should be preserved, restored, 
                        managed, developed, or maintained because of 
                        the natural, cultural, historical, 
                        recreational, or scenic significance of the 
                        property;
                    (E) a recommendation of policies for resource 
                management that take into consideration and describe 
                any benefits of the application of appropriate land and 
                water management techniques, including the development 
                of intergovernmental cooperative agreements to protect 
                the natural, cultural, historical, recreational, and 
                scenic resources of the Heritage Area in a manner 
                consistent with supporting appropriate and compatible 
                economic viability;
                    (F) a program for implementation of the management 
                plan by the management entity, including--
                            (i) plans for restoration and construction; 
                        and
                            (ii) specific commitments of the identified 
                        partners for the first 5 years of operation;
                    (G) an analysis of methods by which Federal, State, 
                and local programs may best be coordinated to promote 
                the purposes of this Act; and
                    (H) an interpretation plan for the Heritage Area.
            (3) Submission to secretary.--The management entity shall 
        submit the management plan to the Secretary for approval not 
        later than 3 years after the date of enactment of this Act.
            (4) Approval and disapproval of management plans.--
                    (A) In general.--Not later than 90 days after 
                receiving a management plan under paragraph (3), the 
                Secretary, in consultation with the management entity, 
                shall approve or disapprove the management plan.
                    (B) Procedures on disapproval.--
                            (i) In general.--If the Secretary 
                        disapproves the management plan, the Secretary 
                        shall--
                                    (I) advise the management entity, 
                                in writing, of the reasons for the 
                                disapproval; and
                                    (II) make recommendations for 
                                revisions of the management plan.
                            (ii) Approval or disapproval of 
                        revisions.--Not later than 90 days after 
                        receiving any proposed revision to the 
                        management plan from the management entity, the 
                        Secretary shall approve or disapprove the 
                        proposed revision.
            (5) Amendments to management plan.--Any substantial 
        amendment to the management plan--
                    (A) shall be reviewed by the Secretary; and
                    (B) shall not be implemented by the expenditure of 
                funds made available under this Act until such time as 
                the Secretary approves the amendment.
    (b) Duties of Management Entity.--In addition to the 
responsibilities described in subsection (a), the management entity 
shall--
            (1) give priority to implementing actions set forth in the 
        compact under section 5 and the management plan, including 
        actions to assist units of government, regional planning 
        organizations, and nonprofit organizations in preserving the 
        Heritage Area;
            (2) assist units of government, regional planning 
        organizations, and nonprofit organizations in--
                    (A) establishing and maintaining interpretive 
                exhibits in the Heritage Area;
                    (B) developing recreational resources in the 
                Heritage Area;
                    (C) increasing public awareness of and appreciation 
                for the natural, cultural, historical, recreational, 
                and scenic resources and sites in the Heritage Area;
                    (D) restoring any historic building relating to the 
                themes of the Heritage Area and
                    (E) ensuring that clear, consistent, and 
                environmentally appropriate signs identifying access 
                points and sites of interest are installed throughout 
                the Heritage Area;
            (3) encourage, by appropriate means, economic viability in 
        the Heritage Area consistent with the goals of the management 
        plan;
            (4) encourage local governments to adopt policies 
        consistent with the management of the Heritage Area and the 
        goals of the management plan;
            (5) consider the interests of diverse governmental, 
        business, and nonprofit groups within the Heritage Area;
            (6) conduct public meetings at least quarterly regarding 
        the implementation of the management plan; and
            (7) for any year in which Federal funds are received under 
        this Act--
                    (A) to make available for audit all records 
                pertaining to the expenditure of the funds and any 
                matching funds; and
                    (B) require, for all agreements authorizing the 
                expenditure of Federal funds by other organizations, 
                that the receiving organizations make available for 
                audit all records pertaining to the expenditure of the 
                funds.
    (c) Use of Funds.--The management entity may, for the purposes of 
preparing and implementing the management plan, use funds made 
available under this Act--
            (1) to make grants to, and enter into cooperative 
        agreements with, States (including political subdivisions), 
        private organizations, or any person;
            (2) to hire and compensate staff; and
            (3) to enter into contracts for goods and services.
    (d) Prohibition on the Acquisition of Real Property.--The 
management entity shall not use Federal funds received under this Act 
to acquire real property or any interest in real property.
    (e) Federal Funds From Other Sources.--Nothing in this Act 
prohibits the management entity from using Federal funds from other 
sources for permitted purposes.
    (f) Spending for Non-Federally Owned Property.--The management 
entity may use Federal funds received under this Act to carry out 
activities on property that is not owned by the Federal Government to 
further the purposes of this Act, especially to assist units of 
government in the appropriate treatment of districts, sites, buildings, 
structures, and objects that are listed or eligible for listing on the 
National Register of Historic Places.

SEC. 7. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES.

    (a) Technical and Financial Assistance.--The Secretary may, on 
request of the management entity, provide technical and financial 
assistance to the management entity to develop and implement the 
management plan, including assistance in actions to--
            (1) conserve the significant natural, cultural, historical, 
        recreational, and scenic resources that support the themes of 
        the Heritage Area; and
            (2) provide educational, interpretive, and recreational 
        opportunities consistent with the resources and associated 
        values of the Heritage Area.
    (b) Documentation.--The Historic American Building Survey/Historic 
American Engineering Record shall conduct any study necessary to 
document the natural, cultural, historical, recreational, and scenic 
resources of the Heritage Area.

SEC. 8. TERMINATION OF AUTHORITY.

    The authority of the Secretary to make a grant or provide 
assistance under this Act terminates on September 30, 2015.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated to carry 
out this Act not more than $1,000,000 for any fiscal year, of which not 
more than a total of $10,000,000 may be used for the Heritage Area.
    (b) Federal Share.--Federal funds provided under this Act after the 
date of enactment of this Act shall not exceed 50 percent of the total 
cost of any assistance or 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
```