[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1685 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                S. 1685

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 4, 1999

  Mr. Bennett introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural 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.--Congress finds that--
            (1) the industrial, cultural, and natural heritage legacies 
        of linking the United States 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 United States by rail at 
        the Crossroads of the West helped establish and expand the 
        industrial power of the United States;
            (3) the economic strength of the United States 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 
        United States by rail at the Crossroads of the West;
            (6)(A) the Department of the Interior is responsible for 
        protecting and interpreting the cultural and historic resources 
        of the United States; and
            (B) there are significant examples of cultural and historic 
        resources in Ogden, Utah, and northern Utah that 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 the heritage for the education and recreational 
        benefit of people of the United States;
            (7) the city of Ogden, Utah, would be an appropriate entity 
        to oversee the development of the Heritage Area; and
            (8) a 1993 National Park Service study, entitled ``Golden 
        Spike Rail Feasibility Study'', demonstrated that sufficient 
        historical resources exist to establish the Heritage Area.
    (b) Purposes.--The purposes of this Act are to establish the Golden 
Spike/Crossroads of the West National Heritage Area--
            (1) to foster a close working relationship with all levels 
        of government, the private sector, and the local communities in 
        Utah;
            (2) to empower communities in Utah to conserve their Golden 
        Spike heritage while strengthening future economic 
        opportunities; and
            (3) to conserve, interpret, and develop the historical, 
        cultural, natural, and recreational resources related to the 
        industrial and cultural heritage of the Heritage Area.

SEC. 3. DEFINITIONS.

    In this Act:
            (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) Management plan.--The term ``management plan'' means 
        the management plan for the Heritage Area required under 
        section 6(a).
            (4) 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.--The boundaries of the Heritage Area--
            (1) shall be those specified in the management plan 
        approved under section 6; and
            (2) shall include land in Utah related to--
                    (A) Union Pacific Station in Ogden, Utah; and
                    (B) 24th and 25th Street Historic District in 
                Ogden, Utah.
    (c) Map.--
            (1) Preparation.--The Secretary shall prepare a map of the 
        Heritage Area.
            (2) Availability.--The map described in subparagraph (A) 
        shall be on file and available for public inspection in the 
        office of the Director of the National Park Service.
    (d) Administration.--The Heritage Area shall be administered in 
accordance with this Act.
    (e) Study.--The Secretary, in cooperation with the City, shall 
conduct a study to determine the feasibility of establishing a national 
heritage corridor from the City to Promontory Point.
    (f) Additions of Lands.--The Secretary may add land 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.--Subject to paragraph 
        (2), the City may receive amounts appropriated to carry out 
        this Act.
            (2) Disqualification.--If a management plan for the 
        Heritage Area is not submitted to the Secretary in accordance 
        with section 6, the City shall cease to be authorized to 
        receive Federal funding under this Act until the date on which 
        a management plan is submitted to the Secretary.
    (c) Authorities of City.--The City may, for purposes of preparing 
and implementing the management plan, use Federal funds made available 
under this Act--
            (1) to make grants and loans to the State of Utah 
        (including 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 
        (including 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 the money to make a contribution 
        in order to receive the money;
            (5) to contract for goods and services; and
            (6) for such other activities as are necessary to carry out 
        the duties of the City under this Act.
    (d) Prohibition of Acquisition of Real Property.--The City shall 
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.--Not later than 3 
        years after the date of enactment of this Act, the City shall 
        submit to the Secretary a management plan for the Heritage 
        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;
                    (D) involve residents, public agencies, and private 
                organizations in the management of the Heritage Area;
                    (E) include a description of recommended actions 
                that units of government and private organizations 
                should take to protect the resources of the Heritage 
                Area; and
                    (F) 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 include, as appropriate, the following:
                    (A) An inventory of resources contained in the 
                Heritage Area that--
                            (i) shall include 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; and
                            (ii) shall not include property that is 
                        privately owned, unless the owner of the 
                        property consents in writing to the inclusion.
                    (B) Recommendations for the interpretation of the 
                Heritage Area, including recommendations for the 
                development of intergovernmental cooperative agreements 
                to manage the historical, cultural, and natural 
                resources and recreational opportunities of the 
                Heritage Area in a manner that maintains appropriate 
                and compatible economic viability.
                    (C) A program for implementation of the management 
                plan, including--
                            (i) plans for restoration and construction; 
                        and
                            (ii) a description of any commitments that 
                        have been made by persons interested in 
                        management of the Heritage Area.
                    (D) An analysis of the 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 management plan by the City, the 
                Secretary shall approve or disapprove the plan.
                    (B) No action on plan.--If the Secretary does not 
                approve or disapprove the plan in accordance with 
                subsection (A), the plan shall be considered approved.
                    (C) Disapproval.--If the Secretary disapproves the 
                plan under subparagraph (A), the Secretary shall, in 
                writing--
                            (i) advise the City of the reasons for the 
                        disapproval; and
                            (ii) make recommendations to the City for 
                        the revision of the plan.
                    (D) Proposed revisions to plan.--Not later than 60 
                days after receipt from the City of proposed revisions 
                to the plan, the Secretary shall approve or disapprove 
                the proposed revisions.
                    (E) No action on proposed revisions.--If the 
                Secretary does not approve or disapprove the proposed 
                revisions to the plan in accordance with subparagraph 
                (D), the plan and proposed 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) the conservation of the Heritage Area;
            (2) the establishment and maintenance of interpretive 
        exhibits in the Heritage Area;
            (3) the development of recreational opportunities in the 
        Heritage Area;
            (4) the increase in 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) the placement of clear, consistent, and environmentally 
        appropriate signs identifying access points and sites of 
        interest throughout the Heritage Area; and
            (7) the encouragement of economic viability in the affected 
        communities by appropriate means, in accordance with the goals 
        of the management plan.
    (c) Consideration of Interests of Local Groups.--The City shall, in 
preparing and implementing the management plan, consider the interests 
of diverse units of government, businesses, private property owners, 
and nonprofit groups in the Heritage Area.
    (d) Public Meetings.--The City shall conduct public meetings at 
least annually regarding the implementation of the management plan.
    (e) Annual Reports.--The City shall, for each fiscal year in which 
the City receives Federal funds under this Act, submit to the Secretary 
an annual report that describes--
            (1) the accomplishments of the City;
            (2) the expenses and income of the City; and
            (3) each entity to which the City made a loan or grant 
        during the year.
    (f) Cooperation With Audits.--The City shall, for any fiscal year 
in which the City receives Federal funds under this Act, make available 
for audit by Congress, the Secretary, and appropriate units of 
government--
            (1) all records and other information pertaining to the 
        expenditures of Federal funds by other organizations that the 
        receiving organizations make available for audit; and
            (2) all records and other information pertaining to the 
        expenditure of Federal funds.
    (g) Delegations.--
            (1) In general.--The City may delegate the responsibilities 
        and actions under this section for each area or district 
        identified in section 4(b)(2).
            (2) Review and approval.--All responsibilities and actions 
        delegated under paragraph (1) shall be 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 assist in implementation of the management plan, 
        to--
                    (A) the City; and
                    (B) on request of the City, units of government, 
                nonprofit organizations, and other persons.
            (2) Prohibition of certain requirements.--The Secretary 
        shall not, as a condition of the award of technical assistance 
        or grants under this section, require any recipient of the 
        technical assistance or grant to enact or modify land use 
        restrictions.
            (3) Determinations regarding assistance.--
                    (A) In general.--The Secretary shall determine 
                whether, and in what amount, technical assistance or a 
                grant shall be awarded under paragraph (1), giving 
                preference to projects that provide a greater leverage 
                of Federal funds.
                    (B) Criteria for determination.--A determination 
                under subparagraph (A) shall be based on the relative 
                degree to which the technical assistance or grant 
                effectively--
                            (i) fulfills the objectives contained in 
                        the management plan; and
                            (ii) achieves the purposes of this Act.
    (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--
            (1) consider the potential effect of the activity on the 
        management plan; and
            (2) 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 modifies or otherwise affects any authority of Federal, State, 
or local governments to regulate any use of land under any other law 
(including a regulation).
    (b) Lack of Zoning or Land Use Powers.--Nothing in this Act grants 
powers of zoning or land use control to the City.
    (c) Local Authority and Private Property Not Affected.--Nothing in 
this Act affects or authorizes the City to interfere with--
            (1) the rights of any person with respect to private 
        property; or
            (2) any local zoning ordinance or land use plan of the 
        State of Utah (including a political subdivision).

SEC. 9. SUNSET.

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

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated to carry 
out this Act $1,000,000 for each fiscal year, except that the total 
amount authorized to be appropriated to carry out this Act shall not 
exceed $10,000,000.
    (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 Federal funds.
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