[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2932 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 2932

To authorize the Golden Spike/Crossroads of the West National Heritage 
                                 Area.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 23, 1999

  Mr. Hansen introduced the following bill; which was referred to the 
                         Committee on Resources

_______________________________________________________________________

                                 A BILL


 
To authorize the Golden Spike/Crossroads of the West National Heritage 
                                 Area.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Golden Spike/Crossroads of the West 
National Heritage Area Act of 1999''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--The Congress finds that--
            (1) the industrial, cultural, and natural heritage legacies 
        of linking the Nation by rail in northern Utah at the 
        Crossroads of the West are nationally significant;
            (2) in the areas of northern Utah including and in 
        proximity to Ogden, Utah, linking the Nation by rail at the 
        Crossroads of the West helped establish and expand the United 
        States industrial power;
            (3) the economic strength of our Nation is connected 
        integrally to the vitality of the intercontinental railways, 
        which employ millions of workers;
            (4) the industrial and cultural heritage of the 
        intercontinental railways at the Crossroads of the West 
        includes social history and living cultural traditions of 
        several generations;
            (5) the National Historic District in Ogden, Utah, is a 
        prime example of the cultural heritage of the linking of the 
        Nation by rail at the Crossroads of the West;
            (6) the Department of the Interior is responsible for 
        protecting and interpreting the Nation's cultural and historic 
        resources, and there are significant examples of these 
        resources within Ogden, Utah, and northern Utah to merit the 
        involvement of the Federal Government to develop programs and 
        projects in cooperation with the city of Ogden, Utah, and other 
        local and governmental bodies, to adequately conserve, protect, 
        and interpret this heritage for the education and recreational 
        benefit of this and future generations of Americans;
            (7) the city of Ogden, Utah, would be an appropriate entity 
        to oversee the development of the Golden Spike/Crossroads of 
        the West National Heritage Area; and
            (8) a 1993 National Park Service study, ``Golden Spike Rail 
        Feasibility Study'', demonstrated that sufficient historical 
        resources exist to establish the Golden Spike/Crossroads of the 
        West National Heritage Area.
    (b) Purposes.--The purpose of this Act is to establish the Golden 
Spike/Crossroads of the West National Heritage Area to--
            (1) foster a close working relationship with all levels of 
        government, the private sector, and the local communities in 
        Utah and empower communities in Utah to conserve their Golden 
        Spike heritage while strengthening future economic 
        opportunities; and
            (2) conserve, interpret, and develop the historical, 
        cultural, natural, and recreational resources related to the 
        industrial and cultural heritage of the Golden Spike/Crossroads 
        of the West National Heritage Area.

SEC. 3. DEFINITIONS.

    For purposes of this Act, the following definitions apply:
            (1) City.--The term ``City'' means the city of Ogden, Utah.
            (2) Heritage area.--The term ``Heritage Area'' means the 
        Golden Spike/Crossroads of the West National Heritage Area 
        established by section 4.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 4. GOLDEN SPIKE/CROSSROADS OF THE WEST NATIONAL HERITAGE AREA.

    (a) Establishment.--There is established in the State of Utah the 
Golden Spike/Crossroads of the West National Heritage Area.
    (b) Boundaries.--
            (1) In general.--Subject to paragraph (2), the boundaries 
        of the Heritage Area shall include lands in Utah that are 
        related to the following areas and historic districts:
                    (A) Union Pacific Station in Ogden, Utah.
                    (B) 24th and 25th Street Historic District in 
                Ogden, Utah.
            (2) Specific boundaries.--The specific boundaries of the 
        Heritage Area shall be those specified in the management plan 
        approved under section 6.
            (3) 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 Director of the National Park Service.
    (c) Administration.--The Heritage Area shall be administered in 
accordance with this Act.
    (d) Study.--The Secretary, in cooperation with the City, shall 
study the feasibility of establishing a National Heritage Corridor from 
the City to Promontory Point.
    (e) Additions of Lands.--The Secretary may add lands to the 
Heritage Area in response to a request from the City.

SEC. 5. DESIGNATION OF CITY AS MANAGEMENT ENTITY.

    (a) In General.--The City shall be the management entity for the 
Heritage Area.
    (b) Federal Funding.--
            (1) Authorization to receive funds.--The City may receive 
        amounts appropriated to carry out this Act.
            (2) Disqualification.--If a management plan for the Area is 
        not submitted to the Secretary as required under section 6 
        within the time specified in that section, the City shall cease 
        to be authorized to receive Federal funding under this Act 
        until such a plan is submitted to the Secretary.
    (c) Authorities of City.--The City may, for purposes of preparing 
and implementing the management plan for the Area, use Federal funds 
made available under this Act--
            (1) to make grants and loans to the State of Utah, its 
        political subdivisions, nonprofit organizations, and other 
        persons;
            (2) to enter into cooperative agreements with or provide 
        technical assistance to Federal agencies, the State of Utah, 
        its political subdivisions, nonprofit organizations, and other 
        persons;
            (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; and
            (6) for such other activities as are necessary to carry out 
        its duties under this Act.
    (d) Prohibition of Acquisition of Real Property.--The City may not 
use Federal funds received under this Act to acquire real property or 
any interest in real property.

SEC. 6. MANAGEMENT DUTIES OF THE CITY.

    (a) Heritage Area Management Plan.--
            (1) Submission for review by secretary.--The City shall, 
        within 3 years after the date of enactment of this Act, develop 
        and submit for review to the Secretary a management plan for 
        the Area.
            (2) Plan requirements, generally.--A management plan 
        submitted under this section shall--
                    (A) present comprehensive recommendations for the 
                conservation, funding, management, and development of 
                the Heritage Area;
                    (B) be prepared with public participation;
                    (C) take into consideration existing Federal, 
                State, county, and local plans and involve residents, 
                public agencies, and private organizations in the 
                Heritage Area;
                    (D) include a description of actions that units of 
                government and private organizations are recommended to 
                take to protect the resources of the Heritage Area; and
                    (E) specify existing and potential sources of 
                Federal and non-Federal funding for the conservation, 
                management, and development of the Heritage Area.
            (3) Additional plan requirements.--The management plan 
        shall also include the following, as appropriate:
                    (A) An inventory of resources contained in the 
                Heritage Area, including a list of property in the 
                Heritage Area that should be conserved, restored, 
                managed, developed, or maintained because of the 
                natural, cultural, or historic significance of the 
                property as it relates to the themes of the Heritage 
                Area. The inventory may not include property that is 
                privately owned unless the owner of the property 
                consents in writing to that inclusion.
                    (B) Recommendations for the interpretation of the 
                Heritage Area, including (but not limited to) the 
                development of intergovernmental cooperative agreements 
                to manage the historical, cultural, and natural 
                resources and recreational opportunities of the 
                Heritage Area in a manner consistent with the support 
                of the appropriate and compatible economic viability.
                    (C) A program for implementation of the management 
                plan, including plans for restoration and construction 
                and a description of any commitments that have been 
                made by persons interested in management of the 
                Heritage Area.
                    (D) An analysis of means by which Federal, State, 
                and local programs may best be coordinated to promote 
                the purposes of this Act.
                    (E) An interpretive plan for the Heritage Area.
            (4) Approval and disapproval of the management plan.--
                    (A) In general.--Not later than 180 days after 
                submission of the Heritage Area management plan by the 
                City, the Secretary shall approve or disapprove the 
                plan. If the Secretary has taken no action 180 day 
                after receiving the plan, the plan shall be considered 
                approved.
                    (B) If the Secretary disapproves the plan, the 
                Secretary shall advise the City, in writing, of the 
                reasons for the disapproval and shall make 
                recommendations for the revision of the plan. The 
                Secretary shall approve or disapprove proposed 
                revisions to the plan not later than 60 days after 
                receipt of such revisions from the City. If the 
                Secretary has taken no action for 60 days after 
                receipt, the plan and revisions shall be considered 
                approved.
    (b) Priorities.--The City shall give priority to the implementation 
of actions, goals, and policies set forth in the management plan for 
the Heritage Area, including--
            (1) conserving the Heritage Area;
            (2) establishing and maintaining interpretive exhibits in 
        the Heritage Area;
            (3) developing recreational opportunities in the Heritage 
        Area;
            (4) increasing public awareness of and appreciation for the 
        natural, historical, and cultural resources of the Heritage 
        Area;
            (5) the restoration of historic buildings that are located 
        within the boundaries of the Heritage Area and related to the 
        theme of the Heritage Area;
            (6) ensuring that clear, consistent, and environmentally 
        appropriate signs identifying access points and sites of 
        interest are put in place throughout the Heritage Area; and
            (7) consistent with the goal of the management plan, 
        encouraging economic viability in the affected communities by 
        appropriate means.
    (c) Consideration of Interests of Local Groups.--The City shall, in 
preparing and implementing the management plan for the Heritage Area, 
consider the interests of diverse units of government, businesses, 
private property owners, and nonprofit groups within the Heritage Area.
    (d) Public Meetings.--The City shall conduct public meetings at 
least annually regarding the implementation of the Heritage Area 
management plan.
    (e) Annual Reports.--The City shall, for any fiscal year in which 
it receives Federal funds under this Act, submit an annual report to 
the Secretary setting forth its accomplishments, its expenses and 
income, and the entities to which it made any loans and grants during 
the year for which the report is made.
    (f) Cooperation With Audits.--The City shall, for any fiscal year 
in which it receives Federal funds under this Act, make available for 
audit by the Congress, the Secretary, and appropriate units of 
government, all records and other information pertaining to the 
expenditures of Federal funds by other organizations that the receiving 
organizations make available for such audit and all records and other 
information pertaining to the expenditure of such funds.
    (g) Delegations.--The City may delegate the responsibilities and 
actions under this section for each area or district identified in 
section 4(b)(1). All delegated actions are subject to review and 
approval by the City.

SEC. 7. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES.

    (a) Technical Assistance and Grants.--
            (1) In general.--The Secretary may provide technical 
        assistance and, subject to the availability of appropriations, 
        grants to units of government, nonprofit organizations, and 
        other persons upon request of the City, and to the City, 
        regarding the management plan and its implementation.
            (2) 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 a grant to enact or modify land use 
        restrictions.
            (3) Determinations regarding assistance.--The Secretary 
        shall decide if units of government, nonprofit organizations, 
        and other persons shall be awarded technical assistance or 
        grants and the amount of that assistance. Such decisions shall 
        be based on the relative degree to which the assistance 
        effectively fulfills the objectives contained in the Heritage 
        Area management plan and achieves the purposes of this Act. 
        Such decisions shall give preference to projects which provide 
        a greater leverage of Federal funds.
    (b) 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.
    (c) Other Assistance.--The Secretary may enter into cooperative 
agreements with public and private organizations for the purposes of 
implementing this section.
    (d) Duties of Other Federal Agencies.--Any Federal entity 
conducting any activity directly affecting the Heritage Area shall 
consider the potential effect of the activity on the Heritage Area 
management plan and shall consult with the City with respect to the 
activity to minimize the adverse effects of the activity on the 
Heritage Area.

SEC. 8. LACK OF EFFECT ON LAND USE REGULATION AND PRIVATE PROPERTY.

    (a) Lack or Effect on Authority of Local Government.--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 under any other 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 City.
    (c) Local Authority and Private Property Not Affected.--Nothing in 
this Act shall be construed to affect or to authorized the City to 
interfere with--
            (1) the rights of any person with resect to private 
        property; or
            (2) any local zoning ordinance or land use plan of the 
        State of Utah or a political subdivision thereof.

SEC. 9. SUNSET.

    The Secretary may not make any grant or provide any assistance 
under this Act after September 30, 2016.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated under this 
Act not more than $1,000,000 for any fiscal year. Not more than a total 
of $10,000,000 may be appropriated for the Heritage Area under this 
Act.
    (b) 50 Percent Match.--Federal funding provided under this Act may 
not exceed 50 percent of the total cost of any activity carried out 
with such funds.
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