I
107TH CONGRESS
2D SESSION
H. R. 3876
To establish the San Rafael Western Frontier National Heritage Area in
the State of Utah, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 6, 2002
Mr. CANNON introduced the following bill; which was referred to the
Committee on Resources
A BILL
To establish the San Rafael Western Frontier National
Heritage Area in the State of Utah, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘San Rafael Western
Frontier National Heritage Area Act’’.
SEC. 2. FINDINGS AND PURPOSES.
(a) 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 region of the State of Utah
was one of the country’s last frontiers and possesses
important historical, cultural, and natural resources
that are representative of the central themes associ-
ated with the history of the American West, includ-
ing themes of pre-Columbian and Native American
culture, exploration, pioneering, settlement, ranch-
ing, outlaws, prospecting and mining, water develop-
ment and irrigation, railroad building, industrial de-
velopment, and the use and conservation of natural
resources.
(3) The San Rafael region contains important
historical sites, including sections of the Old Spanish
Trail, the Outlaw Trail, the Green River Crossing,
and many sites associated with cowboy, pioneer, and
mining history.
(4) The heritage of the San Rafael region in-
cludes 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 region has a notable history
of coal and uranium mining and a rich cultural her-
itage of activities associated with mining, such as
prospecting, railroad building, immigrant workers,
coal camps, labor union movements, and mining dis-
asters.
(6) The San Rafael region is widely recognized
for its significant paleontological resources and dino-
saur bone quarries, including the Cleveland Lloyd
Dinosaur Quarry which was designated as a Na-
tional Natural Landmark in 1966.
(7) The beautiful rural landscapes, historic and
cultural landscapes, and spectacular scenic vistas of
the San Rafael region contain significant undevel-
oped recreational opportunities for people through-
out the United States.
(8) Museums and visitor centers have already
been constructed in the San Rafael region, including
the John Wesley Powell River History Museum, the
College of Eastern Utah Prehistoric Museum, the
Museum of the San Rafael, the Western Mining and
Railroad Museum, the Emery County Pioneer Mu-
seum, and the Cleveland Lloyd Dinosaur Quarry,
and these museums are available to interpret the
themes of the National Heritage Area established by
this Act and to coordinate the interpretive and pres-
ervation 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 region have not realized their full potential
and may be lost without assistance from the Federal
Government.
(10) Many of the historical, cultural, and sci-
entific sites of the San Rafael region are located on
lands owned by the Federal Government and are
managed by the Bureau of Land Management or the
United States Forest Service.
(11) The preservation of the cultural, historical,
natural, and recreational resources of the San
Rafael region within a regional framework requires
cooperation among local property owners and Fed-
eral, 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 region.
(b) PURPOSES.—The purposes of this Act are as fol-
lows:
(1) To establish the San Rafael Western Fron-
tier National Heritage Area to promote the preser-
vation, conservation, interpretation, and development
of the historical, cultural, natural, and recreational
resources related to the historical, cultural, and in-
dustrial heritage of the San Rafael region of the
State of Utah.
(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 sub-
divisions of the State and their local and regional
entities, and nonprofit organizations, or combina-
tions thereof, in preparing and implementing a herit-
age plan for the National Heritage Area and in de-
veloping policies and programs that will preserve, en-
hance, and interpret the cultural, historical, natural,
recreational, and scenic resources of the Heritage
Area.
(4) To authorize the Secretary of the Interior
to provide financial assistance and technical assist-
ance to support the preparation and implementation
of the heritage plan for the San Rafael Western
Frontier National Heritage Area.
SEC. 3. DEFINITIONS.
For purposes of this Act:
(1) HERITAGE
AREA; 
NATIONAL
HERITAGE
AREA.—The terms ‘‘Heritage Area’’ and ‘‘National
Heritage Area’’ mean the San Rafael Western Fron-
tier National Heritage Area established by this Act.
(2) HERITAGE COUNCIL.—The term ‘‘Heritage
Council’’ means the San Rafael Heritage Council, a
Board reflecting a broad cross-section of interests
within the National Heritage Area, such as economic
development, travel, tourism, recreation, heritage
and historical organizations, public and private land
interests, and State and local governments, and op-
erating under section 501(c)(3) of the Internal Rev-
enue Code of 1986.
(3) HERITAGE
PLAN.—The term ‘‘heritage
plan’’ means the plan described in section 6.
(4) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior.
(5) 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 this Act.
(6) TECHNICAL ASSISTANCE.—The term ‘‘tech-
nical assistance’’ means any guidance, advice, help,
or aid, other than financial assistance, provided by
the Secretary.
SEC. 4. SAN RAFAEL WESTERN FRONTIER NATIONAL HER-
ITAGE AREA.
(a) ESTABLISHMENT.—There is established in the
State of Utah the San Rafael Western Frontier National
Heritage Area.
(b) BOUNDARIES.—
(1) IN GENERAL.—The boundaries of the Herit-
age Area shall include lands in Utah that are encom-
passed by the boundaries of Emery County.
(2) MAP.—The Secretary shall prepare a map
of the Heritage Area which shall be on file and
available for public inspection in the office of the Di-
rector of the National Park Service and the Director
of the Bureau of Land Management.
(3) NOTICE
TO
LOCAL
GOVERNMENTS.—The
Heritage Council shall provide written notice of the
proposal to the government of Emery County and
each city and town that has jurisdiction over the
property proposed to be included in the Heritage
Area.
SEC. 5. LOCAL COORDINATING ENTITY FOR NATIONAL
HERITAGE AREA.
(a) IN GENERAL.—The Heritage Council shall be the
local coordinating entity for the Heritage Area.
(b) FEDERAL FUNDING.—
(1) AUTHORIZATION TO RECEIVE FUNDS.—The
Heritage Council may receive amounts appropriated
to carry out this Act.
(2) DISQUALIFICATION.—If a heritage plan for
the Heritage Area is not submitted to the Secretary
as required under section 6 within the time speci-
fied, the Heritage Council shall cease to be author-
ized to receive Federal funding under this Act until
such a plan is submitted to the Secretary.
(c) AUTHORITIES
OF HERITAGE COUNCIL.—The
Heritage Council may, for purposes of preparing and im-
plementing the heritage plan for the Heritage Area, use
Federal funds made available under this Act for the fol-
lowing purposes:
(1) To make grants or loans to the State of
Utah and its political subdivisions, nonprofit organi-
zations, and other persons.
(2) To enter into cooperative agreements with
the State of Utah, its political subdivisions, non-
profit organizations, and other organizations.
(3) To hire and compensate staff.
(4) To obtain money from any source under
any program or law requiring the recipient of such
money to make a contribution in order to receive
such money.
(5) To contract for goods and services.
(d) PROHIBITION OF ACQUISITION OF REAL PROP-
ERTY.—The Heritage Council may not use Federal funds
received under this Act to acquire real property or any
interest in real property.
SEC. 6. PREPARATION OF HERITAGE PLAN.
(a) PREPARATION REQUIRED.—Not later than 3
years after the date of the enactment of this Act, the Her-
itage Council shall prepare and submit to the Secretary
for review a heritage plan for the Heritage Area.
(b) PLAN REQUIREMENTS.—The heritage plan sub-
mitted under this section shall—
(1) contain comprehensive recommendations for
the conservation, funding, management, and devel-
opment of the Heritage Area;
(2) be prepared with public participation;
(3) take into consideration existing Federal,
State, county, and local plans and involve residents,
public agencies, and private organizations in the
Heritage Area;
(4) not supersede or take precedence over exist-
ing plans or planning processes of Federal land
management agencies having jurisdiction within the
Heritage Area;
(5) include a description of actions that units of
government and private organizations may take to
protect, restore, develop, enhance, or maintain the
resources of the Heritage Area; and
(6) identify existing and potential sources of
Federal and non-Federal funding for the conserva-
tion, management, and development of the Heritage
Area.
(c) ADDITIONAL INFORMATION.—The heritage plan
may include the following, as appropriate:
(1) An inventory of resources contained in the
Heritage Area, including a list of sites in the Herit-
age Area that should be conserved, restored, man-
aged, developed, or maintained because of the nat-
ural, cultural, or historic significance of the sites as
they relate to the themes of the Heritage Area.
(2) A recommendation of policies for resource
management that consider and detail the application
of appropriate management techniques, including co-
operative agreements to manage the historical, cul-
tural, and natural resources and recreational oppor-
tunities for the Heritage Area in a manner con-
sistent with appropriate and compatible economic vi-
ability.
(3) A program for implementation of the herit-
age plan.
(4) An analysis of means by which Federal,
State, and local programs may best be coordinated
to promote the purposes of this Act.
(5) An interpretive plan for the Heritage Area.
(d) CONSIDERATION BY SECRETARY.—
(1) APPROVAL
OR
DISAPPROVAL.—Not later
than 60 days after receipt of the heritage plan sub-
mitted under subsection (a), the Secretary shall ap-
prove or disapprove the heritage plan. If the Sec-
retary has taken no action within 60 days after re-
ceipt, the heritage plan shall be considered to be ap-
proved.
(2) EFFECT
OF
DISAPPROVAL.—If the Sec-
retary disapproves the heritage plan, the Secretary
shall advise the Heritage Council, in writing, of the
reasons for the disapproval and shall make rec-
ommendations for revision of the heritage plan.
(3) RESUBMISSION.—Not later than 60 days
after receipt of a revised heritage plan, the Secretary
shall approve or disapprove the proposed revisions to
the heritage plan. If the Secretary has taken no ac-
tion within 60 days after receipt, the heritage plan
shall be considered approved.
SEC. 7. IMPLEMENTATION OF HERITAGE PLAN.
(a) PRIORITIES.—The Heritage Council shall give
priority to the implementation of actions, goals, and poli-
cies set forth in the heritage plan for the Heritage Area,
including assisting units of government, regional planning
organizations, and nonprofit organizations and others in
the following:
(1) Conserving the natural and cultural re-
sources in the Heritage Area.
(2) Establishing and maintaining interpretive
exhibits and joint site stewardship programs in the
Heritage Area.
(3) Developing recreational opportunities in the
Heritage Area.
(4) Increasing public awareness of and appre-
ciation for the natural, historical, and cultural re-
sources of the Heritage Area.
(5) The restoration of historic buildings that
are located within the boundaries of the Heritage
Area and related to the themes of the Heritage
Area.
(6) Ensuring that clear, consistent, and
esthetically appropriate signs identifying access
points and sites of interest are put in place through-
out the Heritage Area.
(7) Encouraging and soliciting the development
of heritage products and activities consistent with
the goals of the heritage plan, thereby preserving the
heritage while strengthening future economic viabil-
ity in the affected communities by appropriate
means.
(b) CONSIDERATION
OF
INTERESTS
OF
LOCAL
GROUPS.—When preparing and implementing the heritage
plan for the Heritage Area, the Heritage Council shall
consider the interests of diverse units of government, busi-
nesses, private property owners, and nonprofit groups
within the Heritage Area.
(c) PUBLIC MEETINGS.—The Heritage Council shall,
conduct public meetings at least annually regarding the
implementation of the heritage plan.
(d) ANNUAL REPORTS.—The Heritage Council shall,
for any fiscal year in which it receives Federal funds under
this Act or in which a loan made by the Heritage Council
with Federal funds under section 5(c)(1) is outstanding,
submit an annual report to the Secretary setting forth its
accomplishments, its expenses and income, and the enti-
ties to which it made any loans and grants during the year
for which the report is made.
(e) COOPERATION WITH AUDITS.—The Heritage
Council shall, for any year in which it receives Federal
funds under this Act or in which a loan made by the Herit-
age Council with Federal funds under section 5(c)(1) is
outstanding, make available for audit by the Congress, the
Secretary, and appropriate units of government all records
and other information pertaining to the expenditure of
such funds and any matching funds, and require, for all
agreements authorizing expenditure of Federal funds by
other organizations, that the receiving organizations make
available for such audit all records and other information
pertaining to the expenditure of such funds.
SEC. 8. DUTIES AND AUTHORITIES OF THE SECRETARY
AND OTHER FEDERAL AGENCIES.
(a) PROVISION OF TECHNICAL ASSISTANCE AND FI-
NANCIAL ASSISTANCE.—The Secretary may provide tech-
nical assistance and, subject to the availability of appro-
priations, financial assistance in the form of grants—
(1) to the Heritage Council, regarding prepara-
tion and implementation of the heritage plan; and
(2) to units of government, nonprofit organiza-
tions, and other persons upon request of the Herit-
age Council.
(b) PROHIBITION
OF CERTAIN REQUIREMENTS.—
The Secretary may not, as a condition of the award of
technical assistance or grants under this section, require
any recipient of such technical assistance or grant to enact
or modify land use restrictions.
(c) DETERMINATIONS REGARDING ASSISTANCE.—
The Secretary shall decide if a unit of government, non-
profit organization, or other person shall be awarded tech-
nical assistance or grants and the amount of that assist-
ance. Such decisions shall be based on the relative degree
to which the assistance effectively fulfills the objectives
contained in the heritage plan and achieves the purposes
of this Act. Such decisions shall give consideration to
projects which provide a greater leverage of Federal funds.
(d) PROVISION
OF INFORMATION.—In cooperation
with other Federal agencies, the Secretary shall provide
the general public with information regarding the location
and character of the Heritage Area.
(e) OTHER ASSISTANCE.—The Secretary may enter
into cooperative agreements with public and private orga-
nizations for the purposes of implementing this subsection.
(f) DUTIES OF OTHER FEDERAL AGENCIES.—Fed-
eral agencies having jurisdiction within the Heritage Area
shall ensure that historic resources and the heritage plan
are taken into consideration at all levels of planning, and
shall consult with the Heritage Council on any activities
that may adversely affect heritage resources or the objec-
tives of the heritage plan in an effort to minimize the ad-
verse effects of the activity on the Heritage Area.
SEC. 9. LACK OF EFFECT ON LAND USE REGULATIONS AND
PRIVATE PROPERTY.
(a) LACK OF EFFECT ON AUTHORITY OF GOVERN-
MENTS.—Nothing in this Act shall be construed to modify,
enlarge, or diminish any authority of Federal, State, or
local governments to regulate any use of land as provided
for by law or regulation.
(b) LACK OF ZONING OR LAND USE POWERS.—
Nothing in this Act shall be construed to grant powers
of zoning or land use control to the Heritage Council for
the Heritage Area.
(c) LOCAL AUTHORITY
AND PRIVATE PROPERTY
NOT AFFECTED.—Nothing in this Act shall be construed
to affect or to authorize the Heritage Council to interfere
with—
(1) the rights of any person with respect to pri-
vate property; or
(2) any local zoning ordinance or land use plan
of the State of Utah or political subdivision thereof.
(d) LACK OF EFFECT ON BLM AND U.S. FOREST
SERVICE AUTHORITY.—
(1) IN GENERAL.—Nothing in this Act shall be
construed to modify, enlarge, or diminish the au-
thority of the Secretary, the Bureau of Land Man-
agement, the Secretary of Agriculture, or the United
States Forest Service with respect to lands under
the administrative jurisdiction of these agencies.
(2) COOPERATION.—In carrying out this Act,
the Secretary shall work cooperatively under the
Federal Land Policy and Management Act of 1976
with the United States Forest Service, the Heritage
Council established under section 5, State and local
governments, and private entities.
(e) LACK OF EFFECT ON FISH AND WILDLIFE MAN-
AGEMENT.—Nothing in this Act shall be construed to
modify, enlarge or diminish the authority of the State of
Utah to manage fish and wildlife, including the regulation
of fishing and hunting within the Heritage Area.
SEC. 10. SUNSET.
The Secretary may not make any grant or provide
any assistance under this Act after September 30, 2022.
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There are authorized to be appro-
priated under this Act not more than $1,000,000 annu-
ally, to remain available until expended. Not more than
a total of $10,000,000 may be appropriated for the Herit-
age Area under this Act.
(b) LIMITATION ON PERCENT OF COST.—
(1) IN
GENERAL.—Federal funding provided
under this Act, after the designation of the National
Heritage Area, for any technical assistance or grant
with respect to the area may not exceed 50 percent
of the total cost of the assistance or grant. Federal
funding provided under this Act with respect to an
area before the designation of the area as the Na-
tional Heritage Area may not exceed an amount pro-
portionate to the level of local support of and com-
mitment to the designation of the area.
(2) TREATMENT OF DONATIONS.—The value of
property or services donated by non-Federal sources
and used for management of the National Heritage
Area shall be treated as non-Federal funding for
purposes of paragraph (1).
(c) ALLOCATION
OF
APPROPRIATIONS.—Notwith-
standing any other provision of law, no funds appropriated
or otherwise made available to the Secretary to carry out
this Act—
(1) may be obligated or expended by any person
unless the appropriation of such funds has been allo-
cated in the manner prescribed by this Act; or
(2) may be obligated or expended by any person
in excess of the amount prescribed by this Act.
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