I
107TH CONGRESS
2D SESSION
H. R. 4934
To establish the Great Basin National Heritage Route, Nevada and Utah.
IN THE HOUSE OF REPRESENTATIVES
JUNE 13, 2002
Mr. GIBBONS (for himself and Mr. HANSEN) introduced the following bill;
which was referred to the Committee on Resources
A BILL
To establish the Great Basin National Heritage Route,
Nevada and Utah.
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 ‘‘Great Basin National
Heritage Route Act of 2002’’.
SEC. 2. FINDINGS AND PURPOSES.
(a) FINDINGS.—Congress finds that—
(1) the natural, cultural, and historic heritage
of the North American Great Basin is nationally sig-
nificant;
(2) communities in the Great Basin Heritage
Route Planning Area (including the towns of Delta,
Utah, Ely, Nevada, and the surrounding commu-
nities) are located in a classic western landscape
that contains long natural vistas, isolated high
desert valleys, mountain ranges, ranches, mines, his-
toric railroads, archaeological sites, and tribal com-
munities;
(3) the Native American, pioneer, ranching,
mining, timber, and railroad heritages in the Great
Basin Heritage Route Planning Area include the so-
cial history and living cultural traditions of a rich di-
versity of nationalities;
(4) the pioneer, Mormon and other religious
settlements, ranching, timber, and mining activities
of the region played and continue to play a signifi-
cant role in the development of the United States,
shaped by—
(A) the unique geography of the Great
Basin;
(B) an influx of people of Greek, Chinese,
Basque, Serb, Croat, Italian, and Hispanic de-
scent; and
(C) a Native American presence (Western
Shoshone, Northern and Southern Paiute, and
of the Federal Government in the development, in
cooperation with the Great Basin Heritage Route
Partnership and other local and governmental enti-
ties, of programs and projects to—
(A) adequately conserve, protect, and in-
terpret the heritage of the Great Basin for
present and future generations; and
(B) provide opportunities in the Great
Basin for education; and
(13) the Great Basin Heritage Route Partner-
ship shall serve as the management entity for a Her-
itage Route established in the Great Basin.
(b) PURPOSES.—The purposes of this Act are—
(1) to foster a close working relationship with
all levels of government, the private sector, and the
local communities within White Pine County, Ne-
vada, Millard County, Utah, and the Duckwater
Shoshone Reservation;
(2) to enable communities referred to in para-
graph (1) to conserve their heritage while continuing
to develop economic opportunities; and
(3) to conserve, interpret, and develop the ar-
chaeological, historical, cultural, natural, scenic, and
recreational resources related to the unique ranch-
ing, industrial, and cultural heritage of the Great
Basin, in a manner that promotes multiple uses per-
mitted as of the date of enactment of this Act, with-
out managing or regulating land use.
SEC. 3. DEFINITIONS.
In this Act:
(1) GREAT BASIN.—The term ‘‘Great Basin’’
means the North American Great Basin.
(2) HERITAGE ROUTE PLANNING AREA.—The
term ‘‘Heritage Route Planning Area’’ means White
Pine County, Nevada; Millard County, Utah; and
Duckwater Shoshone Reservation, Nevada.
(3) HERITAGE
ROUTE.—The term ‘‘Heritage
Route’’ means the Great Basin National Heritage
Route established by section 4(a).
(4) MANAGEMENT ENTITY.—The term ‘‘man-
agement entity’’ means the Great Basin Heritage
Route Partnership established by section 4(c).
(5) MANAGEMENT PLAN.—The term ‘‘manage-
ment plan’’ means the plan developed by the man-
agement entity under section 6(a).
(6) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior, acting through the Di-
rector of the National Park Service.
SEC. 4. GREAT BASIN NATIONAL HERITAGE ROUTE.
(a) ESTABLISHMENT.—There is established the
Great Basin National Heritage Route.
(b) COMPOSITION.—The Heritage Route—
(1) shall be determined by the management en-
tity;
(2) shall provide access to specific historical,
cultural, natural, scenic, and recreational resources
designated by the management entity within White
Pine County, Nevada, Millard County, Utah, and
the Duckwater Shoshone Reservation; and
(3) shall be specified in detail in the manage-
ment plan developed in section 6, along with such
designated resources.
(c) MANAGEMENT ENTITY.—
(1) IN GENERAL.—The Great Basin Heritage
Route Partnership shall serve as the management
entity for the Heritage Route.
(2) BOARD OF DIRECTORS.—The Great Basin
Heritage Route Partnership shall be governed by a
board of directors that consists of—
(A) 4 members who are appointed by the
Board of County Commissioners for Millard
County, Utah;
(B) 4 members who are appointed by the
Board of County Commissioners for White Pine
County, Nevada; and
(C) a representative appointed by each Na-
tive American Tribe participating in the Herit-
age Route.
SEC. 5. MEMORANDUM OF UNDERSTANDING.
(a) IN GENERAL.—In carrying out this Act, the Sec-
retary, in consultation with the Governors of the States
of Nevada and Utah and the tribal governing body of each
Native American Tribe participating in the Heritage
Route, shall enter into a memorandum of understanding
with the management entity.
(b) INCLUSIONS.—The memorandum of under-
standing shall include information relating to the objec-
tives and management of the Heritage Route, including—
(1) a description of the resources within the
Heritage Route;
(2) a discussion of the goals and objectives of
the Heritage Route, including—
(A) an explanation of the proposed ap-
proach to conservation, development, and inter-
pretation; and
(B) a general outline of the anticipated
protection and development measures;
(3) a description of the management entity;
(4) a list and statement of the financial com-
mitment of the initial partners to be involved in de-
veloping and implementing the management plan;
and
(5) a description of the role of the States of Ne-
vada and Utah in the management of the Heritage
Route.
(c) ADDITIONAL REQUIREMENTS.—In developing the
terms of the memorandum of understanding, the Sec-
retary and the management entity shall—
(1) provide opportunities for local participation;
and
(2) include terms that ensure, to the maximum
extent practicable, timely implementation of all as-
pects of the memorandum of understanding.
(d) AMENDMENTS.—
(1) IN GENERAL.—The Secretary shall review
any amendments of the memorandum of under-
standing proposed by the management entity or the
Governor of the State of Nevada or Utah.
(2) USE
OF
FUNDS.—Funds made available
under this Act shall not be expended to implement
a change made by a proposed amendment described
in paragraph (1) until the Secretary approves the
amendment.
SEC. 6. MANAGEMENT PLAN.
(a) IN GENERAL.—Not later than 3 years after the
date of enactment of this Act, the management entity shall
develop and submit to the Secretary for approval a man-
agement plan for the Heritage Route that presents clear
and comprehensive recommendations for the conservation,
funding, management, and development of the Heritage
Route.
(b) CONSIDERATIONS.—In developing the manage-
ment plan, the management entity shall—
(1) provide for the participation of local resi-
dents, public agencies, and private organizations lo-
cated within the counties of Millard County, Utah,
White Pine County, Nevada, and the Duckwater
Shoshone Reservation in the protection and develop-
ment of resources of the Heritage Route, taking into
consideration State, tribal, county, and local land
use plans in existence on the date of enactment of
this Act;
(2) identify sources of funding;
(3) include—
(A) a designation of the significant archae-
ological, historical, cultural, natural, scenic, and
recreational resources located in the Heritage
Route Planning Area, including a list of public
and tribal property that—
(i) is related to the themes of the
Heritage Route; and
(ii) should be preserved, restored,
managed, developed, or maintained because
of the archaeological, historical, cultural,
natural, scenic, and recreational signifi-
cance of the property;
(B) a designation of a route running
among the resources designated under subpara-
graph (A);
(C) a program for implementation of the
management plan by the management entity,
including—
(i) plans for restoration, stabilization,
rehabilitation, and construction of public
or tribal property; and
(ii) specific commitments by the iden-
tified partners referred to in section
5(b)(4) for the first 5 years of operation;
and
(D) an interpretation plan for the Heritage
Route; and
(4) develop a management plan that will not in-
fringe on private property rights without the consent
of the owner of the private property.
(c) FAILURE TO SUBMIT.—If the management entity
fails to submit a management plan to the Secretary in ac-
cordance with subsection (a), the Heritage Route shall no
longer qualify for Federal funding.
(d) APPROVAL AND DISAPPROVAL OF MANAGEMENT
PLAN.—
(1) IN GENERAL.—Not later than 90 days after
receipt of a management plan under subsection (a),
the Secretary, in consultation with the Governors of
the States of Nevada and Utah, shall approve or dis-
approve the management plan.
(2) CRITERIA.—In determining whether to ap-
prove a management plan, the Secretary shall con-
sider whether the management plan—
(A) has strong local support from a diver-
sity of landowners, business interests, nonprofit
organizations, and governments within the Her-
itage Route Planning Area;
(B) is consistent with and complements
continued economic activity in the Heritage
Route Planning Area;
(C) has a high potential for effective part-
nership mechanisms;
(D) avoids infringement of private property
rights; and
(E) provides methods to take appropriate
action to ensure that private property rights are
observed.
(3) ACTION FOLLOWING DISAPPROVAL.—If the
Secretary disapproves a management plan under
subsection (d)(1), the Secretary shall—
(A) advise the management entity in writ-
ing of the reasons for the disapproval;
(B) make recommendations for revisions to
the management plan; and
(C) not later than 90 days after the receipt
of any proposed revision of the management
plan from the management entity, approve or
disapprove the proposed revision.
(e) IMPLEMENTATION.—On approval of the manage-
ment plan as provided in section 6(d)(1), the management
entity, in conjunction with the Secretary, shall take appro-
priate steps to implement the management plan.
(f) AMENDMENTS.—
(1) IN GENERAL.—The Secretary shall review
each amendment to the management plan that the
Secretary determines may make a substantial
change to the management plan.
(2) USE
OF
FUNDS.—Funds made available
under this Act shall not be expended to implement
an amendment described in paragraph (1) until the
Secretary approves the amendment.
SEC. 7. AUTHORITY AND DUTIES OF MANAGEMENT ENTITY.
(a) AUTHORITIES.—The management entity may, for
purposes of preparing and implementing the management
plan, use funds made available under this Act to—
(1) make grants to, and enter into cooperative
agreements with, a State (including a political sub-
division), a tribe, a private organization, or any per-
son; and
(2) hire and compensate staff.
(b) DUTIES.—In addition to developing the manage-
ment plan, the management entity shall—
(1) give priority to implementing the memo-
randum of understanding and the management plan,
including taking steps to—
(A) assist units of government, regional
planning organizations, and nonprofit organiza-
tions in—
(i) establishing and maintaining inter-
pretive exhibits along the Heritage Route;