129
tained by the United States for as long as need-
ed for this purpose;
‘‘(B) the eligible entity to which the his-
toric light station is conveyed under this section
shall not interfere or allow interference in any
manner with aids to navigation without the ex-
press written permission of the head of the
agency responsible for maintaining the aids to
navigation;
‘‘(C) there is reserved to the United States
the right to relocate, replace, or add any aid to
navigation located at the historic light station
as may be necessary for navigation purposes;
‘‘(D) the eligible entity to which the his-
toric light station is conveyed under this section
shall maintain the historic light station in ac-
cordance with this Act, the Secretary’s Stand-
ards for the Treatment of Historic Properties,
and other applicable laws;
‘‘(E) the eligible entity to which the his-
toric light station is conveyed under this section
shall make the historic light station available
for education, park, recreation, cultural or his-
toric preservation purposes for the general pub-
130
lic at reasonable times and under reasonable
conditions; and
‘‘(F) the United States shall have the
right, at any time, to enter the historic light
station without notice for purposes of maintain-
ing and inspecting aids to navigation and en-
suring compliance with paragraph (C), to the
extent that it is not possible to provide advance
notice.
‘‘(2) The Secretary, the Administrator, and any
eligible entity to which a historic light station is con-
veyed under this section, shall not be required to
maintain any active aids to navigation associated
with a historic light station.
‘‘(3) In addition to any term or condition estab-
lished pursuant to this subsection, the conveyance of
a historic light station shall include a condition that
the historic light station in its existing condition, at
the option of the Administrator, revert to the United
States if—
‘‘(A) the historic light station or any part
of the historic light station ceases to be avail-
able for education, park, recreation, cultural, or
historic preservation purposes for the general
public at reasonable times and under reasonable
131
conditions which shall be set forth in the eligi-
ble entity’s application;
‘‘(B) the historic light station or any part
of the historic light station ceases to be main-
tained in a manner that ensures its present or
future use as an aid to navigation or compli-
ance with this Act, the Secretary’s Standards
for the Treatment of Historic Properties, and
other applicable laws; or
‘‘(C) at least 30 days before the reversion,
the Administrator provides written notice to the
owner that the historic light station is needed
for national security purposes.
‘‘(d) DESCRIPTION
OF PROPERTY.—The Adminis-
trator shall prepare the legal description of any historic
light station conveyed under this section. The Adminis-
trator may retain all right, title, and interest of the United
States in and to any historical artifact, including any lens
or lantern, that is associated with the historic light station
and located at the light station at the time of conveyance.
All conditions placed with the deed of title to the historic
light station shall be construed as covenants running with
the land. No submerged lands shall be conveyed to non-
Federal entities.
132
‘‘(e) RESPONSIBILITIES OF CONVEYEES.—Each eligi-
ble entity to which a historic light station is conveyed
under this section shall use and maintain the historic light
station in accordance with this section, and have such con-
ditions recorded with the deed of title to the historic light
station.
‘‘(f) DEFINITIONS.—For purposes of this section and
sections 309 and 310:
‘‘(1) HISTORIC
LIGHT
STATION.—The term
‘historic light station’ includes the light tower, light-
house, keepers dwelling, garages, storage sheds, oil
house, fog signal building, boat house, barn, pump-
house, tramhouse support structures, piers, walk-
ways, and related real property and improvements
associated therewith; provided that the light tower or
lighthouse shall be included in or eligible for inclu-
sion in the National Register of Historic Places.
‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible en-
tity’ shall mean—
‘‘(A) any department or agency of the Fed-
eral government; or
‘‘(B) any department or agency of the
state in which the historic light station is lo-
cated, the local government of the community
in which the historic light station is located,
133
nonprofit corporation, educational agency, or
community development organization that—
‘‘(i) has agreed to comply with the
conditions set forth in subsection (c) and
to have such conditions recorded with the
deed of title to the historic light station;
‘‘(ii) is financially able to maintain the
historic light station in accordance with
the conditions set forth in subsection (c);
and
‘‘(iii) can indemnify the Federal gov-
ernment to cover any loss in connection
with the historic light station, or any ex-
penses incurred due to reversion.
‘‘(3) ADMINISTRATOR.—The term ‘Adminis-
trator’ means the Administrator of General Serv-
ices.’’.
(b) SALE OF EXCESS LIGHT STATIONS.—Title III of
the National Historic Preservation Act (16 U.S.C. 470w–
470w–6) is amended by adding the following new section
after section 308:
‘‘SEC. 309. HISTORIC LIGHT STATION SALES.
‘‘In the event no applicants are approved for the con-
veyance of a historic light station pursuant to section 308,
the historic light station shall be offered for sale. Terms
134
of such sales shall be developed by the Administrator. Con-
veyance documents shall include all necessary covenants
to protect the historical integrity of the historic light sta-
tion and ensure that any active aids to navigation located
at the historic light station are operated and maintained
by the United States for as long as needed for that pur-
pose. Net sale proceeds shall be transferred to the Na-
tional Maritime Heritage Grant Program, established by
section 4 of the National Maritime Heritage Act of 1994
(Public Law 103–451; 16 U.S.C. 5403), within the De-
partment of the Interior.’’.
(c) TRANSFER OF HISTORIC LIGHT STATIONS TO
FEDERAL AGENCIES.—Title III of the National Historic
Preservation Act (16 U.S.C. 470w–470w–6) is amended
by adding the following new section after section 309:
‘‘SEC. 310. TRANSFER OF HISTORIC LIGHT STATIONS TO
FEDERAL AGENCIES.
‘‘After the date of enactment of this section, any de-
partment or agency of the Federal government, to which
a historic light station is conveyed, shall maintain the his-
toric light station in accordance with this Act, the Sec-
retary’s Standards for the Treatment of Historic Prop-
erties, and other applicable laws.’’.
135
(d) FUNDING.—There are hereby authorized to be
appropriated to the Secretary of the Interior such sums
as may be necessary to carry out this section.
SEC. 403. THOMAS COLE NATIONAL HISTORIC SITE, NEW
YORK.
(a) DEFINITIONS.—As used in this section:
(1) The term ‘‘historic site’’ means the Thomas
Cole National Historic Site established by subsection
(c).
(2) The term ‘‘Hudson River artists’’ means
artists who were associated with the Hudson River
school of landscape painting.
(3) The term ‘‘plan’’ means the general man-
agement plan developed pursuant to subsection
(e)(4).
(4) The term ‘‘Secretary’’ means the Secretary
of the Interior.
(5) The term ‘‘Society’’ means the Greene
County Historical Society of Greene County, New
York, which owns the Thomas Cole home, studio,
and other property comprising the historic site.
(b) FINDINGS AND PURPOSES.—
(1) FINDINGS.—Congress finds the following:
(A) The Hudson River school of landscape
painting was inspired by Thomas Cole and was
136
characterized by a group of 19th century land-
scape artists who recorded and celebrated the
landscape and wilderness of America, particu-
larly in the Hudson River Valley region in the
State of New York.
(B) Thomas Cole is recognized as Ameri-
ca’s most prominent landscape and allegorical
painter of the mid-19th century.
(C) Located in Greene County, New York,
the Thomas Cole House, also known as Thomas
Cole’s Cedar Grove, is listed on the National
Register of Historic Places and has been des-
ignated as a National Historic Landmark.
(D) Within a 15 mile radius of the Thom-
as Cole House, an area that forms a key part
of the rich cultural and natural heritage of the
Hudson River Valley region, significant land-
scapes and scenes painted by Thomas Cole and
other Hudson River artists, such as Frederic
Church, survive intact.
(E) The State of New York has established
the Hudson River Valley Greenway to promote
the preservation, public use, and enjoyment of
the natural and cultural resources of the Hud-
son River Valley region.
137
(F) Establishment of the Thomas Cole Na-
tional Historic Site will provide opportunities
for the illustration and interpretation of cul-
tural themes of the heritage of the United
States and unique opportunities for education,
public use, and enjoyment.
(2) PURPOSES.—The purposes of this section
are—
(A) to preserve and interpret the home and
studio of Thomas Cole for the benefit, inspira-
tion, and education of the people of the United
States;
(B) to help maintain the integrity of the
setting in the Hudson River Valley region that
inspired artistic expression;
(C) to coordinate the interpretive, preser-
vation, and recreational efforts of Federal,
State, and other entities in the Hudson Valley
region in order to enhance opportunities for
education, public use, and enjoyment; and
(D) to broaden understanding of the Hud-
son River Valley region and its role in American
history and culture.
(c) ESTABLISHMENT OF THOMAS COLE NATIONAL
HISTORIC SITE.—
138
(1) ESTABLISHMENT.—There is established, as
an affiliated area of the National Park System, the
Thomas Cole National Historic Site in the State of
New York.
(2) DESCRIPTION.—The historic site shall con-
sist of the home and studio of Thomas Cole, com-
prising approximately 3.4 acres, located at 218
Spring Street, in the village of Catskill, New York,
as generally depicted on the boundary map num-
bered TCH/80002, and dated March 1992.
(d) RETENTION OF OWNERSHIP AND MANAGEMENT
OF HISTORIC SITE BY GREENE COUNTY HISTORICAL SO-
CIETY.—The Greene County Historical Society of Greene
County, New York, shall continue to own, manage, and
operate the historic site.
(e) ADMINISTRATION OF HISTORIC SITE.—
(1) APPLICABILITY OF NATIONAL PARK SYSTEM
LAWS.—The historic site shall be administered by
the Society in a manner consistent with this Act and
all laws generally applicable to units of the National
Park System, including the Act of August 25, 1916
(16 U.S.C. 1 et seq.; commonly known as the Na-
tional Park Service Organic Act), and the Act of Au-
gust 21, 1935 (16 U.S.C. 461 et seq.; commonly
139
known as the Historic Sites, Buildings, and Antiq-
uities Act).
(2) COOPERATIVE AGREEMENTS.—
(A) ASSISTANCE TO SOCIETY.—The Sec-
retary may enter into cooperative agreements
with the Society to preserve the Thomas Cole
House and other structures in the historic site
and to assist with education programs and re-
search and interpretation of the Thomas Cole
House and associated landscapes.
(B) OTHER ASSISTANCE.—To further the
purposes of this section, the Secretary may
enter into cooperative agreements with the
State of New York, the Society, the Thomas
Cole Foundation, and other public and private
entities to facilitate public understanding and
enjoyment of the lives and works of the Hudson
River artists through the provision of assistance
to develop, present, and fund art exhibits, resi-
dent artist programs, and other appropriate ac-
tivities related to the preservation, interpreta-
tion, and use of the historic site.
(3) ARTIFACTS AND PROPERTY.—
(A) PERSONAL PROPERTY GENERALLY.—
The Secretary may acquire personal property
140
associated with, and appropriate for, the inter-
pretation of the historic site.
(B) WORKS OF ART.—The Secretary may
acquire works of art associated with Thomas
Cole and other Hudson River artists for the
purpose of display at the historic site.
(4) GENERAL
MANAGEMENT
PLAN.—Within
two complete fiscal years after the date of the enact-
ment of this Act, the Secretary shall develop a gen-
eral management plan for the historic site with the
cooperation of the Society. Upon the completion of
the plan, the Secretary shall provide a copy of the
plan to the Committee on Resources of the House of
Representatives and the Committee on Energy and
Natural Resources of the Senate. The plan shall in-
clude recommendations for regional wayside exhibits,
to be carried out through cooperative agreements
with the State of New York and other public and
private entitles. The plan shall be prepared in ac-
cordance with section 12(b) of Public Law 91–383
(16 U.S.C. 1a–1 et seq.; commonly known as the
National Park System General Authorities Act).
(f) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated such sums as are nec-
essary to carry out this section.
142
management by the Borough of the Paoli Battlefield Addi-
tion.’’.
SEC. 405. CASA MALPAIS NATIONAL HISTORIC LANDMARK,
ARIZONA.
(a) FINDINGS.—The Congress finds and declares
that—
(1) the Casa Malpais National Historic Land-
mark was occupied by one of the largest and most
sophisticated Mogollon communities in the United
States;
(2) the landmark includes a 58-room masonry
pueblo, including stairways, Great Kiva complex,
and fortification walls, a prehistoric trail, and cata-
comb chambers where the deceased were placed;
(3) the Casa Malpais was designated as a na-
tional historic landmark by the Secretary of the In-
terior in 1964; and
(4) the State of Arizona and the community of
Springerville are undertaking a program of interpre-
tation and preservation of the landmark.
(b) PURPOSE.—It is the purpose of this section to
assist in the preservation and interpretation of the Casa
Malpais National Historic Landmark for the benefit of the
public.
(c) COOPERATIVE AGREEMENTS.—
143
(1) IN GENERAL.—In furtherance of the pur-
pose of this section, the Secretary of the Interior is
authorized to enter into cooperative agreements with
the State of Arizona and the town of Springerville,
Arizona, pursuant to which the Secretary may pro-
vide technical assistance to interpret, operate, and
maintain the Casa Malpais National Historic Land-
mark and may also provide financial assistance for
planning, staff training, and development of the
Casa Malpais National Historic Landmark, but not
including other routine operations.
(2) ADDITIONAL PROVISIONS.—Any such agree-
ment may also contain provisions that—
(A) the Secretary, acting through the Di-
rector of the National Park Service, shall have
right to access at all reasonable times to all
public portions of the property covered by such
agreement for the purpose of interpreting the
landmark; and
(B) no changes or alterations shall be
made in the landmark except by mutual agree-
ment between the Secretary and the other par-
ties to all such agreements.
144
(d) APPROPRIATIONS.—There are authorized to be
appropriated such sums as may be necessary to provide
financial assistance in accordance with this section.
SEC. 406. LOWER EAST SIDE TENEMENT NATIONAL HIS-
TORIC SITE, NEW YORK.
(a) FINDINGS.—Congress finds that—
(1) immigration, and the resulting diversity of
cultural influences, is a key factor in defining Amer-
ican identity; the majority of United States citizens
trace their ancestry to persons born in nations other
than the United States;
(2) the latter part of the 19th century and the
early part of the 20th century marked a period in
which the volume of immigrants coming to the
United States far exceeded that of any time prior to
or since that period;
(3) no single identifiable neighborhood in the
United States absorbed a comparable number of im-
migrants than the Lower East Side neighborhood of
Manhattan in New York City;
(4) the Lower East Side Tenement at 97 Or-
chard Street in New York City is an outstanding
survivor of the vast number of humble buildings that
housed immigrants to New York City during the
greatest wave of immigration in American history;
145
(5) the Lower East Side Tenement is owned
and operated as a museum by the Lower East Side
Tenement Museum;
(6) the Lower East Side Tenement Museum is
dedicated to interpreting immigrant life within a
neighborhood long associated with the immigrant ex-
perience in the United States, New York’s Lower
East Side, and its importance to United States his-
tory; and
(7) the National Park Service found the Lower
East Side Tenement at 97 Orchard Street to be na-
tionally significant; the Secretary of the Interior de-
clared it a National Historic Landmark on April 19,
1994, and the National Park Service through a spe-
cial resource study found the Lower East Side Tene-
ment suitable and feasible for inclusion in the Na-
tional Park System.
(b) PURPOSES.—The purposes of this section are—
(1) to ensure the preservation, maintenance,
and interpretation of this site and to interpret at the
site the themes of immigration, tenement life in the
later half of the 19th century and the first half of
the 20th century, the housing reform movement, and
tenement architecture in the United States;
146
(2) to ensure continued interpretation of the
nationally significant immigrant phenomenon associ-
ated with New York City’s Lower East Side and its
role in the history of immigration to the United
States; and
(3) to enhance the interpretation of the Castle
Clinton, Ellis Island, and Statue of Liberty National
Monuments.
(c) DEFINITIONS.—As used in this section:
(1) HISTORIC SITE.—The term ‘‘historic site’’
means the Lower East Side Tenement at 97 Or-
chard Street on Manhattan Island in New York
City, New York, and designated as a national his-
toric site by subsection (d)(1).
(2) LOWER EAST SIDE TENEMENT MUSEUM.—
The term ‘‘Lower East Side Tenement Museum’’
means the Lower East Side Tenement Museum, a
nonprofit organization established in New York City,
which owns and operates the tenement building at
97 Orchard Street and manages other properties in
the vicinity of 97 Orchard Street as administrative
and program support facilities for 97 Orchard
Street.
(3) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior.
147
(d) ESTABLISHMENT OF HISTORIC SITE.—
(1) DESIGNATION.—To further the purposes of
this section and the Act entitled ‘‘An Act to provide
for the preservation of historic American sites, build-
ings, objects, and antiquities of national significance,
and for other purposes’’, approved August 21, 1935
(16 U.S.C. 461 et seq.), the Lower East Side Tene-
ment at 97 Orchard Street, in the City of New York,
State of New York, is designated a national historic
site to be known as ‘‘Lower East Side Tenement
National Historic Site’’.
(2) STATUS AS AFFILIATED SITE.—The Lower
East Side Tenement National Historic Site shall be
an affiliated site of the National Park System. The
Secretary shall coordinate the operation and inter-
pretation of the historic site with that of the Lower
East Side Tenement Historic Site and the Statue of
Liberty, Ellis Island, and Castle Clinton National
Monument, as the historic site’s story and interpre-
tation of the immigrant experience in the United
States is directly related to the themes and purposes
of these national monuments.
(3) OWNERSHIP AND OPERATION.—The Lower
East Side Tenement National Historic Site shall
148
continue to be owned, operated, and managed by the
Lower East Side Tenement Museum.
(e) MANAGEMENT OF HISTORIC SITE.—
(1) COOPERATIVE AGREEMENT.—The Secretary
is authorized to enter into a cooperative agreement
with the Lower East Side Tenement Museum to en-
sure the marking, interpretation, and preservation of
the historic site.
(2) ASSISTANCE.—The Secretary is authorized
to provide technical and financial assistance to the
Lower East Side Tenement Museum to mark, inter-
pret, and preserve the historic site, including the
making of preservation-related capital improvements
and repairs.
(3) MANAGEMENT PLAN.—The Secretary shall,
working with the Lower East Side Tenement Mu-
seum, develop a general management plan for the
historic site to define the National Park Service’s
roles and responsibilities with regard to the interpre-
tation and the preservation of the historic site. The
plan shall also outline how interpretation and pro-
gramming for the Lower East Side Tenement Na-
tional Historic Site and the Statue of Liberty, Ellis
Island, and Castle Clinton national monuments will
be integrated and coordinated so as to enhance the
149
stories at each of the 4 sites. Such plan shall be
completed within 2 years after the enactment of this
Act.
(4) SAVINGS CLAUSE.—Nothing in this section
authorizes the Secretary to acquire the property at
97 Orchard Street or to assume overall financial re-
sponsibility for the operation, maintenance, or man-
agement of the Lower East Side Tenement National
Historic Site.
(f) APPROPRIATIONS.—There are authorized to be
appropriated such sums as are necessary to carry out this
section.
SEC. 407. GATEWAY VISITOR CENTER AUTHORIZATION,
INDEPENDENCE 
NATIONAL 
HISTORICAL
PARK.
(a) FINDINGS AND PURPOSE.—
(1) FINDINGS.—The Congress finds the follow-
ing:
(A) The National Park Service completed
and approved in 1997 a general management
plan for Independence National Historical Park
that establishes goals and priorities for the
park’s future.
(B) The general management plan for
Independence National Historical Park calls for
150
the revitalization of Independence Mall and rec-
ommends as a critical component of the Inde-
pendence Mall’s revitalization the development
of a new ‘‘Gateway Visitor Center’’.
(C) Such a visitor center would replace the
existing park visitor center and would serve as
an orientation center for visitors to the park
and to city and regional attractions.
(D) Subsequent to the completion of the
general management plan, the National Park
Service undertook and completed a design
project and master plan for Independence Mall
which includes the Gateway Visitor Center.
(E) Plans for the Gateway Visitor Center
call for it to be developed and managed, in co-
operation with the Secretary of the Interior, by
a nonprofit organization which represents the
various public and civic interests of the greater
Philadelphia metropolitan area.
(F) The Gateway Visitor Center Corpora-
tion, a nonprofit organization, has been estab-
lished to raise funds for and cooperate in a pro-
gram to design, develop, construct, and operate
the proposed Gateway Visitor Center.
151
(2) PURPOSE.—The purpose of this section is
to authorize the Secretary of the Interior to enter
into a cooperative agreement with the Gateway Visi-
tor Center Corporation to construct and operate a
regional visitor center on Independence Mall.
(b) GATEWAY VISITOR CENTER AUTHORIZATION.—
(1) AGREEMENT.—The Secretary of the Inte-
rior, in administering the Independence National
Historical Park, may enter into an agreement under
appropriate terms and conditions with the Gateway
Visitor Center Corporation (a nonprofit corporation
established under the laws of the State of Pennsyl-
vania) to facilitate the construction and operation of
a regional Gateway Visitor Center on Independence
Mall.
(2) OPERATIONS OF CENTER.—The Agreement
shall authorize the Corporation to operate the Cen-
ter in cooperation with the Secretary and to provide
at the Center information, interpretation, facilities,
and services to visitors to Independence National
Historical Park, its surrounding historic sites, the
city of Philadelphia, and the region, in order to as-
sist in their enjoyment of the historic, cultural, edu-
cational, and recreational resources of the greater
Philadelphia area.
152
(3) MANAGEMENT-RELATED
ACTIVITIES.—The
Agreement shall authorize the Secretary to under-
take at the Center activities related to the manage-
ment of Independence National Historical Park, in-
cluding, but not limited to, provision of appropriate
visitor information and interpretive facilities and
programs related to Independence National Histori-
cal Park.
(4) ACTIVITIES OF CORPORATION.—The Agree-
ment shall authorize the Corporation, acting as a
private nonprofit organization, to engage in activities
appropriate for operation of a regional visitor center
that may include, but are not limited to, charging
fees, conducting events, and selling merchandise,
tickets, and food to visitors to the Center.
(5) USE OF REVENUES.—Revenues from activi-
ties engaged in by the Corporation shall be used for
the operation and administration of the Center.
(6) PROTECTION
OF
PARK.—Nothing in this
section authorizes the Secretary or the Corporation
to take any actions in derogation of the preservation
and protection of the values and resources of Inde-
pendence National Historical Park.
(7) DEFINITIONS.—In this subsection:
153
(A) AGREEMENT.—The term ‘‘Agreement’’
means an agreement under this section between
the Secretary and the Corporation.
(B) CENTER.—The term ‘‘Center’’ means
a Gateway Visitor Center constructed and oper-
ated in accordance with the Agreement.
(C) CORPORATION.—The term ‘‘Corpora-
tion’’ means the Gateway Visitor Center Cor-
poration (a nonprofit corporation established
under the laws of the State of Pennsylvania).
(D) SECRETARY.—The term ‘‘Secretary’’
means the Secretary of the Interior.
SEC. 408. TUSKEGEE AIRMEN NATIONAL HISTORIC SITE,
ALABAMA.
(a) DEFINITIONS.—As used in this section:
(1) HISTORIC SITE.—The term ‘‘historic site’’
means the Tuskegee Airmen National Historic Site
as established by subsection (d).
(2) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior.
(3) TUSKEGEE AIRMEN.—The term ‘‘Tuskegee
Airmen’’ means the thousands of men and women
who served in America’s African-American Air Force
units of World War II and shared in the Tuskegee
Experience.
154
(4) 
TUSKEGEE
UNIVERSITY.—The 
term
‘‘Tuskegee University’’ means the institution of
higher education by that name located in the State
of Alabama and founded by Booker T. Washington
in 1881, formerly named Tuskegee Institute.
(b) FINDINGS.—The Congress finds the following:
(1) The struggle of African-Americans for
greater roles in North American military conflicts
spans the 17th, 18th, 19th, and 20th centuries. Op-
portunities for African-American participation in the
United States military were always very limited and
controversial. Quotas, exclusion, and racial discrimi-
nation were based on the prevailing attitude in the
United States, particularly on the part of the United
States military, that African-Americans did not pos-
sess the intellectual capacity, aptitude, and skills to
be successful fighters.
(2) By the early 1940’s these perceptions con-
tinued within the United States military. Key lead-
ers within the United States Army Air Corps did not
believe that African-Americans possessed the capac-
ity to become successful military pilots. After suc-
cumbing to pressure exerted by civil rights groups
and the black press, the Army decided to train a
small number of African-American pilot cadets
155
under special conditions. Although prejudice and dis-
crimination against African-Americans was a na-
tional phenomenon, not just a southern trait, it was
more intense in the South where it had hardened
into rigidly enforced patterns of segregation. Such
was the environment where the military chose to lo-
cate the training of the Tuskegee Airmen.
(3) The military selected Tuskegee Institute
(now known as Tuskegee University) as a civilian
contractor for a variety of reasons. These included
the school’s existing facilities, engineering and tech-
nical instructors, and a climate with ideal flying con-
ditions year round. Tuskegee Institute’s strong in-
terest in providing aeronautical training for African-
American youths was also an important factor. Stu-
dents from the school’s civilian pilot training pro-
gram had some of the best test scores when com-
pared to other students from programs across the
Southeast.
(4) In 1941 the United States Army Air Corps
awarded a contract to Tuskegee Institute to operate
a primary flight school at Moton Field. Tuskegee In-
stitute (now known as Tuskegee University) chose
an African-American contractor who designed and
constructed Moton Field, with the assistance of its
156
faculty and students, as the site for its military pilot
training program. The field was named for the
school’s second president, Robert Russa Moton. Con-
sequently, Tuskegee Institute was one of a very few
American institutions (and the only African-Amer-
ican institution) to own, develop, and control facili-
ties for military flight instruction.
(5) Moton Field, also known as the Primary
Flying Field or Airport Number 2, was the only pri-
mary flight training facility for African-American
pilot candidates in the United States Army Air
Corps during World War II. The facility symbolizes
the entrance of African-American pilots into the
United States Army Air Corps, although on the
basis of a policy of segregation that was mandated
by the military and institutionalized in the South.
The facility also symbolizes the singular role of
Tuskegee Institute (Tuskegee University) in provid-
ing leadership as well as economic and educational
resources to make that entry possible.
(6) The Tuskegee Airmen were the first Afri-
can-American soldiers to complete their training suc-
cessfully and to enter the United States Army Air
Corps. Almost 1,000 aviators were trained as Ameri-
ca’s first African-American military pilots. In addi-
157
tion, more than 10,000 military and civilian African-
American men and women served as flight instruc-
tors, officers, bombardiers, navigators, radio techni-
cians, mechanics, air traffic controllers, parachute
riggers, electrical and communications specialists,
medical professionals, laboratory assistants, cooks,
musicians, supply, firefighting, and transportation
personnel.
(7) Although military leaders were hesitant to
use the Tuskegee Airmen in combat, the Airmen
eventually saw considerable action in North Africa
and Europe. Acceptance from United States Army
Air Corps units came slowly, but their courageous
and, in many cases, heroic performance earned them
increased combat opportunities and respect.
(8) The successes of the Tuskegee Airmen
proved to the American public that African-Ameri-
cans, when given the opportunity, could become ef-
fective military leaders and pilots. This helped pave
the way for desegregation of the military, beginning
with President Harry S Truman’s Executive Order
9981 in 1948. The Tuskegee Airmen’s success also
helped set the stage for civil rights advocates to con-
tinue the struggle to end racial discrimination dur-
158
ing the civil rights movement of the 1950’s and
1960’s.
(9) The story of the Tuskegee Airmen also re-
flects the struggle of African-Americans to achieve
equal rights, not only through legal attacks on the
system of segregation, but also through the tech-
niques of nonviolent direct action. The members of
the 477th Bombardment Group, who staged a non-
violent demonstration to desegregate the officer’s
club at Freeman Field, Indiana, helped set the pat-
tern for direct action protests popularized by civil
rights activists in later decades.
(c) PURPOSES.—The purposes of this section are the
following:
(1) To benefit and inspire present and future
generations to understand and appreciate the heroic
legacy of the Tuskegee Airmen, through interpreta-
tion and education, and the preservation of cultural
resources at Moton Field, which was the site of pri-
mary flight training.
(2) To commemorate and interpret the impact
of the Tuskegee Airmen during World War II; the
training process for the Tuskegee Airmen including
the roles played by Moton Field, other training fa-
cilities, and related sites; the strategic role of
159
Tuskegee Institute (Tuskegee University) in the
training; the African-American struggle for greater
participation in the United States military and more
significant roles in defending their country; the sig-
nificance of successes of the Tuskegee Airmen in
leading to desegregation of the United States mili-
tary shortly after World War II; and the impacts of
Tuskegee Airmen accomplishments on subsequent
civil rights advances of the 1950’s and 1960’s.
(d) ESTABLISHMENT OF THE TUSKEGEE AIRMEN
NATIONAL HISTORIC SITE.
(1) IN GENERAL.—There is hereby established
as a unit of the National Park System the Tuskegee
Airmen National Historic Site, in association with
Tuskegee University, in the State of Alabama.
(2) DESCRIPTION.—The total historic site, after
the conditions are met for its full development and
management, and subsequent to agreements to do-
nate land by Tuskegee University and the city of
Tuskegee, shall consist of approximately 90 acres,
known as Moton Field, in Macon County, Alabama,
as generally depicted on a map entitled ‘‘Alternative
C, Living History: Tuskegee Airmen Experience’’,
dated June 1998. Such map shall be on file and
160
available for public inspection in the appropriate of-
fices of the National Park Service.
(e) PROPERTY ACQUISITION.—The Secretary may ac-
quire by donation, exchange, or purchase with donated or
appropriated funds the real property described in sub-
section (d)(2), except that any property owned by the
State of Alabama or any political subdivision thereof or
Tuskegee University may be acquired only by donation.
It is understood that property donated by Tuskegee Uni-
versity shall be used only for purposes consistent with this
Act in commemorating the Tuskegee Airmen. The initial
donation of land by Tuskegee University shall consist of
approximately 35 acres with the remainder of the acreage
to be donated by Tuskegee University after agreement is
reached regarding the development and management of
the Tuskegee Airmen National Center. The Secretary may
also acquire by the same methods personal property asso-
ciated with, and appropriate for, the interpretation of the
historic site.
(f) ADMINISTRATION OF HISTORIC SITE.—
(1) IN GENERAL.—The Secretary shall admin-
ister the historic site in accordance with this section
and the laws generally applicable to units of the Na-
tional Park System, including the Act of August 25,
161
1916 (39 Stat. 535), and the Act of August 21,
1935 (49 Stat. 666).
(2) ROLE OF TUSKEGEE INSTITUTE NATIONAL
HISTORIC SITE.—Tuskegee Institute National His-
toric Site shall serve as the principal administrative
facility for the historic site.
(3) 
ROLE
OF
TUSKEGEE
UNIVERSITY.—
Tuskegee University shall serve as the principal
partner with the National Park Service, and other
Federal agencies mutually agreed upon, for the lead-
ership, organization, development, and management
of the historic site.
(4) 
ROLE
OF
TUSKEGEE
AIRMEN.—The
Tuskegee Airmen shall assist the principal partners
for the historic site in fundraising for the develop-
ment of visitor facilities and programs, and provide
artifacts, memorabilia, and historical research for in-
terpretive exhibits.
(5) DEVELOPMENT.—The general management
plan for the operation and development of the his-
toric site shall reflect Alternative C, Living History:
The Tuskegee Airmen Experience, as expressed in
the draft special resource study entitled ‘‘Moton
Field/Tuskegee Airmen Special Resource Study’’,
dated June 1998. Subsequent development of the
162
historic site, with the approval of Tuskegee Univer-
sity, shall reflect Alternative D.
(6) COOPERATIVE AGREEMENTS.—
(A) IN
GENERAL.—The Secretary may
enter 
into 
cooperative 
agreements 
with
Tuskegee University, other nonhigher edu-
cational institutions, the Tuskegee Airmen, in-
dividuals, private and public organizations, and
other Federal agencies in furtherance of the
purposes of this Act. The Secretary shall recog-
nize the concern of Tuskegee University for the
wise management, use, and development of the
historic site, and shall consult with Tuskegee
University in the formulation of any cooperative
agreement that may affect the historic site.
(B) TUSKEGEE
AIRMEN
NATIONAL
CEN-
TER.—The Secretary may enter into a coopera-
tive agreement with Tuskegee University to de-
fine and implement the public/private partner-
ship needed to develop the historic site, includ-
ing the Tuskegee Airmen National Center on
the grounds of the historic site. The purpose of
the center shall be to extend the ability to relate
more fully the story of the Tuskegee Airmen at
Moton Field. The center shall house a Tuskegee
163
Airmen Memorial and provide large exhibit
space for the display of period aircraft and
equipment used by the Tuskegee Airmen and a
Tuskegee University Department of Aviation
Science. It is the intent of the Congress that in-
terpretive programs for visitors benefit from the
school’s active pilot training instruction pro-
gram, and that the training program will pro-
vide a historical continuum of flight training in
the tradition of the Tuskegee Airmen. The
Tuskegee University Department of Aviation
Science may be located in historic buildings
within the Moton Field complex until the
Tuskegee Airmen National Center has been
completed.
(C) REPORT.—Within one year after the
date of the enactment of this Act, the Secretary
and Tuskegee University, in consultation with
the Tuskegee Airmen, shall prepare a report on
the partnership needed to develop and operate
the Tuskegee Airmen National Center, and sub-
mit the report to the Committee on Resources
of the House of Representatives and the Com-
mittee on Energy and Natural Resources of the
Senate. Subject to the approval of the Con-
164
gress, the Secretary and Tuskegee University
may enter into a cooperative agreement to per-
mit the development of the Center. Before the
balance of the land is donated and before the
development of the Tuskegee Airmen National
Center can proceed, a cooperative agreement
acceptable to the Secretary and Tuskegee Uni-
versity must be executed.
(7) GENERAL MANAGEMENT PLAN.—Within 2
complete fiscal years after funds are first made
available to carry out this section, the Secretary
shall prepare, with the full participation of Tuskegee
University, a general management plan for the his-
toric site and submit the plan to the Committee on
Resources of the United States House of Represent-
atives and the Committee on Energy and Natural
Resources of the United States Senate.
(g) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated such sums as may be
necessary to carry out this section.
SEC. 409. LITTLE ROCK CENTRAL HIGH SCHOOL NATIONAL
HISTORIC SITE, ARKANSAS.
(a) FINDINGS.—The Congress finds that—
(1) the 1954 United States Supreme Court de-
cision of Brown v. Board of Education, which man-
165
dated an end to the segregation of public schools,
was one of the most significant court decisions in
the history of the United States;
(2) the admission of 9 African-American stu-
dents, known as the ‘‘Little Rock Nine’’, to Little
Rock’s Central high School as a result of the Brown
decision, was the most prominent national example
of the implementation of the Brown decision, and
served as a catalyst for the integration of other, pre-
viously segregated public schools in the United
States;
(3) 1997 marked the 70th anniversary of the
construction of Central High School, which has been
named by the American Institute of Architects as
‘‘the most beautiful high school building in Amer-
ica’’;
(4) Central High School was included on the
National Register of Historic Places in 1977 and
designated by the Secretary of the Interior as a na-
tional historic landmark in 1982 in recognition of its
national significance in the development of the civil
rights movement in the United States; and
(5) the designation of Little Rock Central High
School as a unit of the National Park System will
recognize the significant role the school played in the
166
desegregation of public schools in the South and will
interpret for future generations the events associated
with early desegregation of Southern schools.
(b) PURPOSE.—The purpose of this section is to pre-
serve, protect, and interpret for the benefit, education, and
inspiration of present and future generations, Central
High School in Little Rock, Arkansas, and its role in the
integration of public schools and the development of the
civil rights movement in the United States.
(c) ESTABLISHMENT
OF CENTRAL HIGH SCHOOL
NATIONAL HISTORIC SITE.—
(1) ESTABLISHMENT.—The Little Rock Central
High School national historic site in the State or Ar-
kansas (referred to in this section as the ‘‘historic
site’’) is hereby established as a unit of the National
Park System. The historic site shall consist of lands
and interests therein comprising the Central High
School campus in Little Rock, Arkansas, as gen-
erally depicted on a map entitled llllll and
dated June 1998. Such map shall be on file and
available for public inspection in the appropriate of-
fices of the National Park Service.
(2) ADMINISTRATION OF HISTORIC SITE.—The
Secretary of the Interior (referred to in this section
as the ‘‘Secretary’’) shall administer the historic site
167
in accordance with this section and the laws gen-
erally applicable to units of the National Park Sys-
tem, including the Act of August 25, 1916 (16
U.S.C. 1, 2–4) and the Act of August 21, 1935 (16
U.S.C. 461–467): Provided, That nothing in this
section shall affect the authority of the Little Rock
School District to administer Little Rock Central
High School.
(3) COOPERATIVE AGREEMENTS.—(A) The Sec-
retary may enter into cooperative agreements with
appropriate public and private agencies, organiza-
tions, and institutions (including, but not limited to,
the State of Arkansas, the city of Little Rock, the
Little Rock School District, Central High Museum,
Inc., Central High Neighborhood, Inc., or the Uni-
versity of Arkansas) in furtherance of the purposes
of this Act.
(B) The Secretary shall coordinate visitor inter-
pretation of the historic site with the Little Rock
School District and the Central High School Mu-
seum, Inc.
(4) GENERAL MANAGEMENT PLAN.—Within 2
years after the date funds are made available, the
Secretary shall prepare a general management plan
for the historic site.
168
(5) CONTINUING EDUCATIONAL USE.—The Sec-
retary shall consult and coordinate with the Little
Rock School District in the development of the gen-
eral management plan and in the administration of
the historic site so as to not interfere with the con-
tinuing use of Central High School as an edu-
cational institution.
(6) ACQUISITION
OF
PROPERTY.—The Sec-
retary is authorized to acquire by purchase with do-
nated or appropriated funds, by exchange, or dona-
tion the lands and interests therein located within
the boundaries of the historic site, except that the
Secretary may only acquire lands or interests therein
with the consent of the owner thereof and lands or
interests therein owned by the State of Arkansas or
a political subdivision thereof, may only be acquired
by donation or exchange.
(d) DESEGREGATION IN PUBLIC EDUCATION THEME
STUDY.—
(1) THEME STUDY.—Within 2 years after the
date funds are made available, the Secretary shall
prepare and transmit to the Committee on Re-
sources of the United States House of Representa-
tives and the Committee on Energy and Natural Re-
sources of the United States Senate a national his-
169
toric landmark theme study (hereinafter referred to
as the ‘‘theme study’’) on the history of desegrega-
tion in public education. The purpose of the theme
study shall be to identify sites, districts, buildings,
structures, and landscapes that best illustrate or
commemorate key events or decisions in the histori-
cal movement to provide for racial desegregation in
public education. On the basis of the theme study,
the Secretary shall identify possible new national
historic landmarks appropriate to this theme and
prepare a list in order of importance or merit of the
most appropriate sites for national historic landmark
designation.
(2) OPPORTUNITIES FOR EDUCATION AND RE-
SEARCH.—The theme study shall identify appro-
priate means to establish linkages between sites
identified in paragraph (1) and between those sites
and the Central High School National Historic Site
established in this section and with other existing
units of the National Park System to maximize op-
portunities for public education and scholarly re-
search on desegregation in public education. The
theme study also shall recommend opportunities for
cooperative arrangements with State and local gov-
ernments, educational institutions, local historical
170
organizations, and other appropriate entities to pre-
serve and interpret key sites in the history of deseg-
regation in public education.
(3) COOPERATIVE
AGREEMENTS.—The Sec-
retary may enter into cooperative agreements with 1
or more major educational institutions, public his-
tory organizations, or civil rights organizations
knowledgeable about desegregation in public edu-
cation to prepare the theme study and to ensure
that the theme study meets scholarly standards.
(4) THEME STUDY COORDINATION WITH GEN-
ERAL MANAGEMENT PLAN.—The theme study shall
be prepared as part of the preparation and develop-
ment of the general management plan for the Little
Rock Central High School National Historic Site es-
tablished in this section.
(e) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated such sums as may be
necessary to carry out this section.
SEC. 410. SAND CREEK MASSACRE NATIONAL HISTORIC
SITE STUDY.
(a) FINDINGS.—Congress finds that—
(1) on November 29, 1864, Colonel John M.
Chivington led a group of 700 armed soldiers to a
peaceful Cheyenne village of more than 100 lodges
171
on the Big Sandy, also known as Sand Creek, lo-
cated within the Territory of Colorado, and in a run-
ning fight that ranged several miles upstream along
the Big Sandy, slaughtered several hundred Indians
in Chief Black Kettle’s village, the majority of whom
were women and children;
(2) the incident was quickly recognized as a na-
tional disgrace and investigated and condemned by
2 congressional committees and a military commis-
sion;
(3) although the United States admitted guilt
and reparations were provided for in article VI of
the Treaty of Little Arkansas of October 14, 1865
(14 Stat. 703) between the United States and the
Cheyenne and Arapaho Tribes of Indians, those
treaty obligations remain unfulfilled;
(4) land at or near the site of the Sand Creek
Massacre may be available for purchase from a will-
ing seller; and
(5) the site is of great significance to the Chey-
enne and Arapaho Indian descendants of those who
lost their lives at the incident at Sand Creek and to
their tribes, and those descendants and tribes de-
serve the right of open access to visit the site and
172
rights of cultural and historical observance at the
site.
(b) DEFINITIONS.—For purposes of this section:
(1) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior acting through the Di-
rector of the National Park Service.
(2) SITE.—The term ‘‘site’’ means the Sand
Creek massacre site described in subsection (a).
(3) TRIBES.—The term ‘‘Tribes’’ means—
(A) the Cheyenne and Arapaho Tribe of
Oklahoma;
(B) the Northern Cheyenne Tribe; and
(C) the Northern Arapaho Tribe.
(c) STUDY.—
(1) IN GENERAL.—Not later than 18 months
after the date on which funds are made available for
the purpose of this section, the Secretary, in con-
sultation with the Tribes and the State of Colorado,
shall submit to the Committee on Resources of the
House of Representatives and the Committee on En-
ergy and Natural Resources of the Senate a resource
study of the site.
(2) CONTENTS.—The study under paragraph
(1) shall—
173
(A) identify the location and extent of the
massacre area and the suitability and feasibility
of designating the site as a unit of the National
Park System; and
(B) include cost estimates for any nec-
essary acquisition, development, operation and
maintenance, and identification of alternatives
for the management, administration, and pro-
tection of the area.
(d) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated such sums as are nec-
essary to carry out this section.
SEC. 411. CHESAPEAKE AND OHIO CANAL NATIONAL HIS-
TORICAL PARK ENHANCEMENT AND PROTEC-
TION.
(a) FINDINGS.—The Congress finds the following:
(1) The National Park Service has insufficient
funds for the operation, maintenance, and rehabilita-
tion of certain units of the National Park System.
(2) Federal full fee ownership of structures and
lands that are not consistent with the purposes for
which a national historical park was established and
that are essential only to the protection of such a
park is not always required to preserve the aesthetic,
174
natural, cultural, and historical values of national
historical parks.
(3) The sale or lease, or any extension of a sale
or lease, of secondary structures and surplus lands
of national historical parks that are not consistent
with the purposes for which the parks were estab-
lished and that are essential only to the protection
of such parks, could generate needed funds while
preserving the values for which the parks were es-
tablished, if adequate protection of natural, aes-
thetic, recreational, cultural, and historical values is
assured by appropriate terms, covenants, conditions,
or reservations.
(4) There are some secondary structures and
surplus lands of the Chesapeake and Ohio Canal Na-
tional Historical Park that need not be owned by the
Federal Government in fee simple to achieve the
benefits for which the park was established.
(b) DEFINITIONS.—In this section:
(1) SURPLUS LAND.—The term ‘‘surplus land’’
means land owned by the United States that—
(A) is controlled by the Secretary, is ad-
ministered as part of the Chesapeake and Ohio
Canal National Historical Park, and was first
included in the park in the period beginning
175
January 1, 1972, and ending December 31,
1983;
(B) is not consistent with the purposes for
which the park was established; and
(C) is determined by the Secretary to be
surplus to the purposes of national historical
parks.
(2) SECONDARY STRUCTURES.—The term ‘‘sec-
ondary structure’’—
(A) except as provided in subparagraph
(B), means a structure (including associated
land) that—
(i) is controlled by the Secretary and
administered as part of the Chesapeake
and Ohio Canal National Historical Park,
and was first included in the park in the
period beginning January 1, 1972, and
ending December 31, 1983;
(ii) is not historic under National
Register on Historic Places criteria; and
(iii) is determined by the Secretary to
be surplus to the purposes of national his-
torical parks; and
(B) does not include any structure or land
that is determined by the Secretary to be part
176
of the essence of the Chesapeake and Ohio
Canal National Historical Park.
(3) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior.
(c) ALLOWING PRIVATE ACQUISITION OR USE OF
SECONDARY STRUCTURES AND SURPLUS LAND.—
(1) DETERMINATION
OF
SECONDARY
STRUC-
TURES AND SURPLUS LAND.—The Secretary shall
review the lands and structures that are controlled
by the Secretary and administered as part of the
Chesapeake and Ohio Canal National Historical
Park and determine whether any of those lands or
structures are secondary structures or surplus lands,
respectively.
(2) 
ALLOWING
PRIVATE
ACQUISITION
OR
USE.—The Secretary, after determining it to be in
the public interest and after publication of notice in
the Federal Register and 30 days for public com-
ment, may in accordance with this section sell, lease,
permit the use of, or extend a lease or use permit
for, any land and structure determined by the Sec-
retary to be a secondary structure or surplus land,
respectively.
(d) REQUIREMENTS.—
177
(1) COMPETITION.—Except as provided in
paragraph (3), any sale or lease of property under
this section shall be made under full and open com-
petition.
(2) COSTS.—The Secretary shall ensure that
the terms of any sale, lease, or use permit under this
section are sufficient to recover the costs to the
United States of awarding and administering the
sale, lease, or permit. The Secretary shall require
that a person acquiring, leasing, or using property
under this section shall bear all reasonable costs of
appraisal incidental to such conveyance, lease, or
use, as determined by the Secretary.
(3) REACQUISITION BY ORIGINAL OWNER.—Be-
fore disposing of any secondary structure or surplus
land under this section, the Secretary shall, to the
extent possible, provide the person or persons from
whom the structure or land was acquired by the
United States, or their heirs, as determined from the
deed and land records for the property, an oppor-
tunity to reacquire the structure or land by nego-
tiated sale, lease, or use permit. The Secretary shall
publish a notice in an appropriate regional or local
newspaper in an attempt to locate such persons.
178
(4) NOTICE
TO
CONGRESS.—The Secretary
shall report to the Committee on Resources of the
House of Representatives and the Committee on En-
ergy and Natural Resources of the Senate each con-
veyance, lease, or issuance of a use permit for prop-
erty under this section having a total value greater
than $150,000, at least 30 days prior to consumma-
tion of the transaction.
(e) PROTECTION
OF HISTORICAL INTEGRITY
OF
PARK.—In order to protect the natural, aesthetic, rec-
reational, cultural, or historic values of the Chesapeake
and Ohio Canal National Historical Park, the Secretary
shall include in any sale, lease, or use permit under this
section any terms, covenants, conditions, or reservations
necessary to ensure preservation of the public interest and
uses consistent with the purposes for which the park was
established.
(f) USE OF REVENUES.—Amounts received by the
United States as proceeds from any sale, lease, or use of
a secondary structure or surplus land under this section
in excess of the administrative cost of the sale, lease, or
use—
(1) shall be deposited in a special fund in the
Treasury; and
179
(2) shall be available to the Secretary, without
further appropriation, for operation, maintenance, or
improvement of, or for the acquisition of land or in-
terests therein for, the Chesapeake and Ohio Canal
National Historical Park.
180
TITLE V—SAN RAFAEL SWELL
SEC. 501. SHORT TITLE.
This title may be cited as the ‘‘San Rafael Swell Na-
tional Heritage and Conservation Act’’.
SEC. 502. DEFINITIONS.
In this title:
(1) ADVISORY COUNCIL.—The term ‘‘Advisory
Council’’ means the San Rafael Swell National Con-
servation Area Advisory Council established under
section 525.
(2) CONSERVATION
AREA.—The term ‘‘con-
servation area’’ means the San Rafael Swell Na-
tional Conservation Area established by section 522.
(3) DIRECTOR.—The term ‘‘Director’’ means
the Director of the Bureau of Land Management.
(4) NATIONAL
HERITAGE
AREA.—The term
‘‘national heritage area’’ means the San Rafael
Swell National Heritage Area established by section
513.
(5) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior, acting through the Di-
rector of the Bureau of Land Management.
(6) SEMI-PRIMITIVE AREA.—The term ‘‘semi-
primitive area’’ means any area designated as a
181
semi-primitive nonmotorized use area under section
542.
Subtitle A—San Rafael Swell
National Heritage Area
SEC. 511. SHORT TITLE; FINDINGS; PURPOSES.
(a) SHORT TITLE.—This subtitle may be cited as the
‘‘San Rafael Swell National Heritage Area Act’’.
(b) FINDINGS.—Congress finds the following:
(1) The history of the American West is one of
the most significant chapters of United States his-
tory, and the major themes and images of the his-
tory of the American West provide a legacy that has
done much to shape the contemporary culture, atti-
tudes, and values of the American West and the
United States.
(2) The San Rafael Swell region of the State of
Utah was one of the country’s last frontiers and pos-
sesses important historical, cultural, and natural re-
sources that are representative of the central themes
associated with the history of the American West,
including themes of pre-Columbian and Native
American culture, exploration, pioneering, settle-
ment, ranching, outlaws, prospecting and mining,
water development and irrigation, railroad building,
182
industrial development, and the utilization and con-
servation of natural resources.
(3) The San Rafael Swell region contains im-
portant historical sites, including sections of the Old
Spanish Trail, the Outlaw Trail, the Green River
Crossing, and numerous sites associated with cow-
boy, pioneer, and mining history.
(4) The heritage of the San Rafael Swell region
includes the activities of many prominent historical
figures of the old American West, such as Chief
Walker, John Wesley Powell, Kit Carson, John C.
Fremont, John W. Gunnison, Butch Cassidy, John
W. Taylor, and the Swasey brothers.
(5) The San Rafael Swell region has a notable
history of coal and uranium mining, and a rich cul-
tural heritage of activities associated with mining,
such as prospecting, railroad building, immigrant
workers, coal camps, labor union movements, and
mining disasters.
(6) The San Rafael Swell region is widely rec-
ognized for its significant paleontological resources
and dinosaur bone quarries, including the Cleveland
Lloyd Dinosaur Quarry which was designated as a
National Natural Landmark in 1966.
183
(7) The beautiful rural landscapes, historic and
cultural landscapes, and spectacular scenic vistas of
the San Rafael Swell region contain significant un-
developed recreational opportunities for people
throughout the United States.
(8) Museums and visitor centers have already
been constructed in the San Rafael Swell region, in-
cluding the John Wesley Powell River History Mu-
seum, the College of Eastern Utah Prehistoric Mu-
seum, the Museum of the San Rafael, the Western
Mining and Railroad Museum, the Emery County
Pioneer Museum, and the Cleveland Lloyd Dinosaur
Quarry, and these museums are available to inter-
pret the themes of the national heritage area estab-
lished by this title and to coordinate the interpretive
and preservation activities of the area.
(9) Despite the efforts of the State of Utah, po-
litical subdivisions of the State, volunteer organiza-
tions, and private businesses, the cultural, historical,
natural, and recreational resources of the San
Rafael Swell region have not realized their full po-
tential and may be lost without assistance from the
Federal Government.
(10) Many of the historical, cultural, and sci-
entific sites of the San Rafael Swell region are lo-
184
cated on lands owned by the Federal Government
and are managed by the Bureau of Land Manage-
ment or the United States Forest Service.
(11) The preservation of the cultural, historical,
natural, and recreational resources of the San
Rafael Swell region within a regional framework re-
quires cooperation among local property owners and
Federal, State, and local government entities.
(12) Partnerships between Federal, State, and
local governments, local and regional entities of
these governments, and the private sector offer the
most effective opportunities for the enhancement
and management of the cultural, historical, natural,
and recreational resources of the San Rafael Swell
region.
(c) PURPOSES.—The purposes of this subtitle are—
(1) to establish the San Rafael Swell National
Heritage Area to promote the preservation, con-
servation, interpretation, and development of the his-
torical, cultural, natural, and recreational resources
related to the historical, cultural, and industrial her-
itage of the San Rafael Swell region of the State of
Utah, which includes the counties of Carbon and
Emery, and portions of the county of Sanpete;
185
(2) to encourage within the national heritage
area a broad range of economic and recreational op-
portunities to enhance the quality of life for present
and future generations;
(3) to assist the State of Utah, political subdivi-
sions of the State and their local and regional enti-
ties, and nonprofit organizations, or combinations
thereof, in preparing and implementing a heritage
plan for the national heritage area and in developing
policies and programs that will preserve, enhance,
and interpret the cultural, historical, natural, rec-
reational, and scenic resources of the heritage area;
and
(4) to authorize the Secretary of the Interior to
provide financial assistance and technical assistance
to support the preparation and implementation of
the heritage plan for the national heritage area.
SEC. 512. DESIGNATION.
There is hereby designated the San Rafael Swell Na-
tional Heritage Area.
SEC. 513. DEFINITIONS.
For purposes of this subtitle:
(1) COMPACT.—The term ‘‘compact’’ means an
agreement described in section 515(a).
186
(2) FINANCIAL ASSISTANCE.—The term ‘‘finan-
cial assistance’’ means funds appropriated by the
Congress and made available to the Heritage Coun-
cil for the purposes of preparing and implementing
a heritage plan.
(3) HERITAGE
AREA.—The term ‘‘Heritage
Area’’ means the San Rafael Swell National Herit-
age Area established by this subtitle.
(4) HERITAGE
PLAN.—The term ‘‘heritage
plan’’ means a plan described in section 515(b).
(5) HERITAGE COUNCIL.—The term ‘‘Heritage
Council’’ means the entity designated in the compact
for a National Heritage Area and described in sec-
tion 516(a).
(6) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior.
(7) TECHNICAL ASSISTANCE.—The term ‘‘tech-
nical assistance’’ includes—
(A) assistance by the Secretary in the
preparation of any heritage plan, compact, or
resource inventory; and
(B) professional guidance provided by the
Secretary.
187
(8) UNIT OF GOVERNMENT.—The term ‘‘unit of
government’’ means the government of a State, a
political subdivision of a State, or an Indian tribe.
SEC. 514. GRANTS, TECHNICAL ASSISTANCE, AND OTHER
DUTIES 
AND 
AUTHORITIES 
OF 
FEDERAL
AGENCIES.
(a) GRANTS.—
(1) IN
GENERAL.—The Secretary may make
grants for the purposes of this subtitle to any unit
of government or to the Heritage Council.
(2) PERMITTED
AND
PROHIBITED
USES
OF
GRANTS.—
(A) 
PERMITTED
USES.—Grants 
made
under this section may be used for reports,
studies, interpretive exhibits, historic preserva-
tion projects, construction of cultural, rec-
reational, and interpretive facilities that are
open to the public, and such other expenditures
as are consistent with this subtitle.
(B) PROHIBITED
USES.—Grants made
under this section may not be used for acquisi-
tion of real property or any interest in real
property.
(3) APPLICABILITY OF RESTRICTIONS TO SUB-
GRANTS.—For purposes of paragraph (2), any
188
subgrant made from funds received as a grant (or
subgrant) made under this section shall be treated
as a grant made under this section.
(4) PROTECTION OF FEDERAL INVESTMENT.—
Any grant made under this section shall be subject
to an agreement that conversion, use, or disposal of
the project so assisted for purposes contrary to the
purposes of this subtitle, as determined by the Sec-
retary, shall result in a right of the United States
to compensation equal to the greater of—
(A) all Federal funds made available to
such project under this subtitle; or
(B) the proportion of the increased value
of the project attributable to such funds, as de-
termined at the time of such conversion, use, or
disposal.
(b) TECHNICAL ASSISTANCE.—The Secretary may
provide technical assistance with respect to this subtitle.
(c) DURATION OF ELIGIBILITY FOR GRANTS AND
TECHNICAL ASSISTANCE.—The Secretary may not pro-
vide any grant, and may provide only limited technical as-
sistance, under this subtitle after the expiration of the 10-
year period beginning on the date of the designation of
the National Heritage Area.
189
(d) DISQUALIFICATION FOR FEDERAL FUNDING.—If
a heritage plan meeting the requirements of section 515(b)
is not forwarded to the Secretary as required under sec-
tion 516(b)(1) within the time specified in section
516(b)(1), the Secretary may not, after such time, provide
technical assistance or grants under this subtitle until
such a heritage plan for the National Heritage Area is
developed and forwarded to the Secretary.
(e) OTHER DUTIES
AND AUTHORITIES
OF SEC-
RETARY.—
(1) SIGNING OF COMPACT.—The Secretary shall
sign or withhold signature on any proposed compact
submitted under this subtitle not later than 90 days
after receiving the proposed compact. If the Sec-
retary withholds signature on the proposed compact,
the Secretary shall advise the submitter, in writing,
of the reasons. The Secretary shall sign or withhold
signature on each proposed revision to the proposed
compact not later than 90 days after receiving the
proposed revision. A submitter shall hold a public
meeting in the immediate vicinity of the proposed
National Heritage Area before making any major re-
visions in any proposed compact submitted under
this subtitle.
190
(2) MONITORING
OF
NATIONAL
HERITAGE
AREA.—The Secretary shall monitor the National
Heritage Area. Monitoring of the National Heritage
Area shall include monitoring to ensure compliance
with the terms of the compact for the area.
(f) DUTIES OF FEDERAL ENTITIES.—Any Federal
entity conducting or supporting activities within the Na-
tional Heritage Area, and any unit of government acting
pursuant to a grant of Federal funds or a Federal permit
or agreement and conducting or supporting such activities,
shall, to the maximum extent practicable—
(1) consult with the Secretary and the Heritage
Council for the National Heritage Area with respect
to such activities; and
(2) cooperate with the Secretary and the Herit-
age Council in the carrying out of the duties of the
Secretary and the Heritage Council under this sub-
title, and coordinate such activities to minimize any
real or potential adverse impact on the National
Heritage Area.
(g) PROHIBITION
OF CERTAIN REQUIREMENTS.—
The Secretary may not, as a condition of the award of
technical assistance or financial assistance under this sec-
tion, require any recipient of such assistance to enact or
modify land use restrictions.
191
SEC. 515. COMPACT AND HERITAGE PLAN.
(a) COMPACT.—
(1) IN
GENERAL.—The compact submitted
under this subtitle with respect to the National Her-
itage Area shall consist of an agreement entered into
by the Secretary, the Secretary of Agriculture, and
the Governor of Utah or a designee of the Governor,
in coordination with the Heritage Council. Such
agreement shall define the area, describe anticipated
programs for the area, and include information re-
lating to the objectives and management of the area.
Such information shall include, but need not be lim-
ited to, each of the following:
(A) BOUNDARIES.—A delineation of the
boundaries of the National Heritage Area. Such
boundaries shall include the land generally de-
picted on the map entitled San Rafael Swell
National Heritage-Conservation Area Proposed,
dated June 12, 1998, which shall be on file and
available for public inspection in the office of
the Director of the Bureau of Land Manage-
ment.
(B) MANAGEMENT ENTITY.—An identifica-
tion and description of the Heritage Council.
(C) NON-FEDERAL PARTICIPANTS.—A list
of the initial participants to be involved in de-