I

106TH CONGRESS

2D SESSION S. 2511

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 25, 2000

Referred to the Committee on Resources

AN ACT

To establish the Kenai Mountains-Turnagain Arm National

Heritage Area in the State of Alaska, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Kenai Mountains5 Turnagain Arm National Heritage Area Act of 2000’’.
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1 SEC. 2. FINDINGS AND PURPOSES.

2 (a) FINDINGS.—Congress finds that—

3 (1) the Kenai Mountains-Turnagain Arm trans4 portation corridor is a major gateway to Alaska and

5 includes a range of transportation routes used first

6 by indigenous people who were followed by pioneers

7 who settled the Nation’s last frontier;

8 (2) the natural history and scenic splendor of

9 the region are equally outstanding; vistas of nature’s

10 power include evidence of earthquake subsidence, re11 cent avalanches, retreating glaciers, and tidal action

12 along Turnagain Arm, which has the world’s second

13 greatest tidal range;

14 (3) the cultural landscape formed by indigenous

15 people and then by settlement, transportation, and

16 modern resource development in this rugged and

17 often treacherous natural setting stands as powerful

18 testimony to the human fortitude, perseverance, and

19 resourcefulness that is America’s proudest heritage

20 from the people who settled the frontier;

21 (4) there is a national interest in recognizing,

22 preserving, promoting, and interpreting these re23 sources;

24 (5) the Kenai Mountains-Turnagain Arm region

25 is geographically and culturally cohesive because it is

26 defined by a corridor of historical routes—trail,
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1 water, railroad, and roadways through a distinct

2 landscape of mountains, lakes, and fjords;

3 (6) national significance of separate elements of

4 the region include, but are not limited to, the

5 Iditarod National Historic Trail, the Seward High6 way National Scenic Byway, and the Alaska Rail7 road National Scenic Railroad;

8 (7) national heritage area designation provides

9 for the interpretation of these routes, as well as the

10 national historic districts and numerous historic

11 routes in the region as part of the whole picture of

12 human history in the wider transportation corridor

13 including early Native trade routes, connections by

14 waterway, mining trail, and other routes;

15 (8) national heritage area designation also pro16 vides communities within the region with the motiva17 tion and means for ‘‘grassroots’’ regional coordina18 tion and partnerships with each other and with bor19 ough, State, and Federal agencies; and

20 (9) national heritage area designation is sup21 ported by the Kenai Peninsula Historical Associa22 tion, the Seward Historical Commission, the Seward

23 City Council, the Hope and Sunrise Historical Soci24 ety, the Hope Chamber of Commerce, the Alaska

25 Association for Historic Preservation, the Cooper
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1 Landing Community Club, the Alaska Wilderness

2 Recreation and Tourism Association, Anchorage

3 Historic Properties, the Anchorage Convention and

4 Visitors Bureau, the Cook Inlet Historical Society,

5 the Moose Pass Sportsman’s Club, the Alaska His6 torical Commission, the Gridwood Board of Super7 visors, the Kenai River Special Management Area

8 Advisory Board, the Bird/Indian Community Coun9 cil, the Kenai Peninsula Borough Trails Commis10 sion, the Alaska Division of Parks and Recreation,

11 the Kenai Peninsula Borough, the Kenai Peninsula

12 Tourism Marketing Council, and the Anchorage Mu13 nicipal Assembly.

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

15 (1) to recognize, preserve, and interpret the his16 toric and modern resource development and cultural

17 landscapes of the Kenai Mountains-Turnagain Arm

18 historic transportation corridor, and to promote and

19 facilitate the public enjoyment of these resources;

20 and

21 (2) to foster, through financial and technical

22 assistance, the development of cooperative planning

23 and partnerships among the communities and bor24 ough, State, and Federal Government entities.
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1 SEC. 3. DEFINITIONS.

2 In this Act:

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

4 Area’’ means the Kenai Mountains-Turnagain Arm

5 National Heritage Area established by section 4(a)

6 of this Act.

7 (2) MANAGEMENT ENTITY.—The term ‘‘man8 agement entity’’ means the 11-member Board of Di9 rectors of the Kenai Mountains-Turnagain Arm Na10 tional Heritage Corridor Communities Association.

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

13 Heritage Area.

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

15 the Secretary of the Interior.

16 SEC. 4. KENAI MOUNTAINS-TURNAGAIN ARM NATIONAL

17 HERITAGE AREA.

18 (a) ESTABLISHMENT.—There is established the

19 Kenai Mountains-Turnagain Arm National Heritage Area.

20 (b) BOUNDARIES.—The Heritage Area shall comprise

21 the lands in the Kenai Mountains and upper Turnagain

22 Arm region generally depicted on the map entitled ‘‘Kenai

23 Peninsula/Turnagain Arm National Heritage Corridor’’,

24 numbered ‘‘Map #KMTA–1’’, and dated ‘‘August 1999’’.

25 The map shall be on file and available for public inspection

26 in the offices of the Alaska Regional Office of the National
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1 Park Service and in the offices of the Alaska State Herit2 age Preservation Officer.

3 SEC. 5. MANAGEMENT ENTITY.

4 (a) The Secretary shall enter into a cooperative

5 agreement with the management entity to carry out the

6 purposes of this Act. The cooperative agreement shall in7 clude information relating to the objectives and manage8 ment of the Heritage Area, including the following:

9 (1) A discussion of the goals and objectives of

10 the Heritage Area.

11 (2) An explanation of the proposed approach to

12 conservation and interpretation of the Heritage

13 Area.

14 (3) A general outline of the protection meas15 ures, to which the management entity commits.

16 (b) Nothing in this Act authorizes the management

17 entity to assume any management authorities or respon18 sibilities on Federal lands.

19 (c) Representatives of other organizations shall be in20 vited and encouraged to participate with the management

21 entity and in the development and implementation of the

22 management plan, including but not limited to: The State

23 Division of Parks and Outdoor Recreation; the State Divi24 sion of Mining, Land and Water; the Forest Service; the

25 State Historic Preservation Office; the Kenai Peninsula
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1 Borough; the Municipality of Anchorage; the Alaska Rail2 road; the Alaska Department of Transportation; and the

3 National Park Service.

4 (d) Representation of ex officio members in the non5 profit corporation shall be established under the bylaws

6 of the management entity.

7 SEC. 6. AUTHORITIES AND DUTIES OF MANAGEMENT ENTI8 TY.

9 (a) MANAGEMENT PLAN.—

10 (1) IN GENERAL.—Not later than 3 years after

11 the Secretary enters into a cooperative agreement

12 with the management entity, the management entity

13 shall develop a management plan for the Heritage

14 Area, taking into consideration existing Federal,

15 State, borough, and local plans.

16 (2) CONTENTS.—The management plan shall

17 include, but not be limited to—

18 (A) comprehensive recommendations for

19 conservation, funding, management, and devel20 opment of the Heritage Area;

21 (B) a description of agreements on actions

22 to be carried out by Government and private or23 ganizations to protect the resources of the Her24 itage Area;
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1 (C) a list of specific and potential sources

2 of funding to protect, manage, and develop the

3 Heritage Area;

4 (D) an inventory of resources contained in

5 the Heritage Area; and

6 (E) a description of the role and participa7 tion of other Federal, State and local agencies

8 that have jurisdiction on lands within the Herit9 age Area.

10 (b) PRIORITIES.—The management entity shall give

11 priority to the implementation of actions, goals, and poli12 cies set forth in the cooperative agreement with the Sec13 retary and the heritage plan, including assisting commu14 nities within the region in—

15 (1) carrying out programs which recognize im16 portant resource values in the Heritage Area;

17 (2) encouraging economic viability in the af18 fected communities;

19 (3) establishing and maintaining interpretive

20 exhibits in the Heritage Area;

21 (4) improving and interpreting heritage trails;

22 (5) increasing public awareness and apprecia23 tion for the natural, historical, and cultural re24 sources and modern resource development of the

25 Heritage Area;
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1 (6) restoring historic buildings and structures

2 that are located within the boundaries of the Herit3 age Area; and

4 (7) ensuring that clear, consistent, and appro5 priate signs identifying public access points and sites

6 of interest are placed throughout the Heritage Area.

7 (c) PUBLIC MEETINGS.—The management entity

8 shall conduct 2 or more public meetings each year regard9 ing the initiation and implementation of the management

10 plan for the Heritage Area. The management entity shall

11 place a notice of each such meeting in a newspaper of gen12 eral circulation in the Heritage Area and shall make the

13 minutes of the meeting available to the public.

14 SEC. 7. DUTIES OF THE SECRETARY.

15 (a) The Secretary, in consultation with the Governor

16 of Alaska, or his designee, is authorized to enter into a

17 cooperative agreement with the management entity. The

18 cooperative agreement shall be prepared with public par19 ticipation.

20 (b) In accordance with the terms and conditions of

21 the cooperative agreement and upon the request of the

22 management entity, and subject to the availability of

23 funds, the Secretary may provide administrative, tech24 nical, financial, design, development, and operations as25 sistance to carry out the purposes of this Act.
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1 SEC. 8. SAVINGS PROVISIONS.

2 (a) REGULATORY AUTHORITY.—Nothing in this Act

3 shall be construed to grant powers of zoning or manage4 ment of land use to the management entity of the Herit5 age Area.

6 (b) EFFECT ON AUTHORITY OF GOVERNMENTS.—

7 Nothing in this Act shall be construed to modify, enlarge,

8 or diminish any authority of the Federal, State, or local

9 governments to manage or regulate any use of land as pro10 vided for by law or regulation.

11 (c) EFFECT ON BUSINESS.—Nothing in this Act shall

12 be construed to obstruct or limit business activity on pri13 vate development or resource development activities.

14 SEC. 9. PROHIBITION ON THE ACQUISITION OF REAL PROP15 ERTY.

16 The management entity may not use funds appro17 priated to carry out the purposes of this Act to acquire

18 real property or interest in real property.

19 SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

20 (a) FIRST YEAR.—For the first year $350,000 is au21 thorized to be appropriated to carry out the purposes of

22 this Act, and is made available upon the Secretary and

23 the management entity completing a cooperative agree24 ment.

25 (b) IN GENERAL.—There is authorized to be appro26 priated not more than $1,000,000 to carry out the pur-
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1 poses of this Act for any fiscal year after the first year.

2 Not more than $10,000,000, in the aggregate, may be ap3 propriated for the Heritage Area.

4 (c) MATCHING FUNDS.—Federal funding provided

5 under this Act shall be matched at least 25 percent by

6 other funds or in-kind services.

7 (d) SUNSET PROVISION.—The Secretary may not

8 make any grant or provide any assistance under this Act

9 beyond 15 years from the date that the Secretary and

10 management entity complete a cooperative agreement.

Passed the Senate September 22, 2000.

Attest: GARY SISCO,

Secretary