[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 28 Reported in Senate (RS)]






                                                       Calendar No. 265
106th CONGRESS
  1st Session
                                 S. 28

                          [Report No. 106-144]

  To authorize an interpretive center and related visitor facilities 
 within the Four Corners Monument Tribal Park, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 19, 1999

 Mr. Hatch (for himself, Mr. Bingaman, Mr. Bennett, Mr. Campbell, Mr. 
Domenici, and Mr. Allard) introduced the following bill; which was read 
  twice and referred to the Committee on Energy and Natural Resources

                              May 12, 1999

   Committee discharged; referred to the Committee on Indian Affairs

                            August 27, 1999

Reported under authority of the order of the Senate of August 5, 1999, 
                   by Mr. Campbell, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
  To authorize an interpretive center and related visitor facilities 
 within the Four Corners Monument Tribal Park, and for other purposes.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Four Corners Interpretive 
Center Act''.</DELETED>

<DELETED>SEC. 2. FINDINGS AND PURPOSES.</DELETED>

<DELETED>    (a) Findings.--Congress finds that--</DELETED>
        <DELETED>    (1) the Four Corners Monument is nationally 
        significant as the only geographic location in the United 
        States where 4 State boundaries meet;</DELETED>
        <DELETED>    (2) the States with boundaries that meet at the 
        Four Corners are Arizona, Colorado, New Mexico, and 
        Utah;</DELETED>
        <DELETED>    (3) between 1868 and 1875 the boundary lines that 
        created the Four Corners were drawn, and in 1899 a monument was 
        erected at the site;</DELETED>
        <DELETED>    (4) a United States postal stamp will be issued in 
        1999 to commemorate the centennial of the original boundary 
        marker;</DELETED>
        <DELETED>    (5) the Four Corners area is distinct in character 
        and possess important historical, cultural, and prehistoric 
        values and resources within the surrounding cultural 
        landscape;</DELETED>
        <DELETED>    (6) although there are no permanent facilities or 
        utilities at the Four Corners Monument Tribal Park, each year 
        the park attracts approximately 250,000 visitors;</DELETED>
        <DELETED>    (7) the area of the Four Corners Monument Tribal 
        Park falls entirely within the Navajo Nation or Ute Mountain 
        Ute Tribe reservations;</DELETED>
        <DELETED>    (8) the Navajo Nation and the Ute Mountain Ute 
        Tribe have entered into a Memorandum of Understanding governing 
        the planning and future development of the Four Corners 
        Monument Tribal Park;</DELETED>
        <DELETED>    (9) in 1992, through agreements executed by the 
        governors of Arizona, Colorado, New Mexico, and Utah, the Four 
        Corners Heritage Council was established as a coalition of 
        State, Federal, tribal, and private interests;</DELETED>
        <DELETED>    (10) the State of Arizona has obligated $45,000 
        for planning efforts and $250,000 for construction of an 
        interpretive center at the Four Corners Monument Tribal 
        Park;</DELETED>
        <DELETED>    (11) numerous studies and extensive consultation 
        with American Indians have demonstrated that development at the 
        Four Corners Monument tribal park would greatly benefit the 
        people of the Navajo Nation and the Ute Mountain Ute 
        Tribe;</DELETED>
        <DELETED>    (12) the Arizona Department of Transportation has 
        completed preliminary cost estimates that are based on field 
        experience with rest-area development for the construction of a 
        Four Corners Monument Interpretive Center and surrounding 
        infrastructure, including restrooms, roadways, parking, water, 
        electrical, telephone, and sewage facilities;</DELETED>
        <DELETED>    (13) an interpretive center would provide 
        important educational and enrichment opportunities for all 
        Americans;</DELETED>
        <DELETED>    (14) Federal financial assistance and technical 
        expertise are needed for the construction of an interpretive 
        center.</DELETED>
<DELETED>    (b) Purposes.--The purposes of this Act are--</DELETED>
        <DELETED>    (1) to recognize the importance of the Four 
        Corners Monument and surrounding landscape as a distinct area 
        in the heritage of the United States that is worthy of 
        interpretation and preservation;</DELETED>
        <DELETED>    (2) to assist the Navajo and the Ute Mountain Ute 
        Tribe in establishing the Four Corners Interpretive Center and 
        related facilities to meet the needs of the general 
        public;</DELETED>
        <DELETED>    (3) to highlight and showcase the collaborative 
        resource stewardship of private individuals, Indian tribes, 
        universities, Federal agencies, and the governments of States 
        and political subdivisions thereof (including 
        counties);</DELETED>
        <DELETED>    (4) to promote knowledge of the life, art, 
        culture, politics, and history of the culturally diverse groups 
        of the Four Corners region.</DELETED>

<DELETED>SEC. 3. DEFINITIONS.</DELETED>

<DELETED>    As used in this Act:</DELETED>
        <DELETED>    (1) Center.--The term ``Center'' means the Four 
        Corners Interpretive Center established under section 4, 
        including restroom, parking areas, vendor facilities, 
        sidewalks, utilities, exhibits, and other visitor 
        facilities.</DELETED>
        <DELETED>    (2) Four corners heritage council.--The term 
        ``Four Corners Heritage Council'' means the nonprofit coalition 
        of Federal, State, and tribal entities established in 1992 by 
        agreements of the Governors of the States of Arizona, Colorado, 
        New Mexico, and Utah.</DELETED>
        <DELETED>    (3) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior.</DELETED>
        <DELETED>    (4) Recipient.--The term ``Recipient'' means the 
        State of Arizona, Colorado, New Mexico, or Utah, or any 
        consortium of two or more of these states.</DELETED>
        <DELETED>    (5) Four corners monument.--The term ``Four 
        Corners Monument'' means the physical monument where the 
        boundaries of the States of Arizona, Colorado, New Mexico and 
        Utah meet.</DELETED>
        <DELETED>    (6) Four corners monument tribal park.--The term 
        ``Four Corners Monument Tribal Park'' means lands within the 
        legally defined boundary of the Four Corners Monument Tribal 
        Park.</DELETED>

<DELETED>SEC. 4. FOUR CORNERS MONUMENT INTERPRETIVE CENTER.</DELETED>

<DELETED>    (a) Establishment.--Subject to the availability of 
appropriations, the Secretary is authorized to establish within the 
boundaries of the Four Corners Monument Tribal Park a center for the 
interpretation and commemoration of the Four Corners Monument, to be 
known as the ``Four Corners Interpretive Center.''</DELETED>
<DELETED>    (b) Land for the Center shall be designated and made 
available by the Navajo Nation or the Ute Mountain Ute Tribe within the 
boundary of the Four Corners Monument Tribal Park in consultation with 
the Four Corners Heritage Council and in accordance with--</DELETED>
        <DELETED>    (1) the memorandum of understanding between the 
        Navajo Nation and the Ute Mountain Ute Tribe that was entered 
        into on October 22, 1996;</DELETED>
        <DELETED>    (2) applicable supplemental agreements with the 
        Bureau of Land Management, the National Park Service, and the 
        United States Forest Service.</DELETED>
<DELETED>    (c) Concurrence.--Notwithstanding any other provision of 
this act, no such center shall be established without the consent of 
the Navajo Nation and the Ute Mountain Ute Tribe.</DELETED>
<DELETED>    (d) Components of Center.--The Center shall include--
</DELETED>
        <DELETED>    (1) a location for permanent and temporary 
        exhibits depicting the archaeological, cultural, and natural 
        heritage of the Four Corners region;</DELETED>
        <DELETED>    (2) a venue for public education 
        programs;</DELETED>
        <DELETED>    (3) a location to highlight the importance of 
        efforts to preserve southwestern archaeological sites and 
        museum collections;</DELETED>
        <DELETED>    (4) a location to provide information to the 
        general public about cultural and natural resources, parks, 
        museums, and travel in the Four Corners region.</DELETED>

<DELETED>SEC. 5. CONSTRUCTION GRANT.</DELETED>

<DELETED>    (a) Grant.--The Secretary is authorized to award a Federal 
grant to the recipient described in section 3(4) for up to 50 percent 
of the cost to construct the Center. To be eligible for the grant, the 
recipient shall provide assurances that:</DELETED>
        <DELETED>    (1) The non-Federal share of the costs of 
        construction is paid from non-Federal sources. The non-Federal 
        sources may include contributions made by States, private 
        sources, the Navajo Nation and the Ute Mountain Ute Tribe for 
        planning, design, construction, furnishing, startup, and 
        operational expenses.</DELETED>
        <DELETED>    (2) The aggregate amount of non-Federal funds 
        contributed by the States used to carry out the activities 
        specified in subparagraph (A) will not be less than $2,000,000, 
        of which each of the States that is party to the grant will 
        contribute equally in cash or in kind.</DELETED>
        <DELETED>    (3) The State of Arizona may apply $45,000 
        authorized by the State of Arizona during fiscal year 1998 for 
        planning and $250,000 that is held in reserve by the State for 
        construction toward the Arizona share.</DELETED>
<DELETED>    (b) Grant Requirements.--In order to receive a grant under 
this act, the recipient shall--</DELETED>
        <DELETED>    (1) submit to the Secretary a proposal that meets 
        all applicable--</DELETED>
                <DELETED>    (A) laws, including building codes and 
                regulations; and</DELETED>
                <DELETED>    (B) requirements under the Memorandum of 
                Understanding described in paragraph (2) of this 
                subsection; and</DELETED>
                <DELETED>    (C) provides such information and 
                assurances as the Secretary may require.</DELETED>
        <DELETED>    (2) The recipient shall enter into a Memorandum of 
        Understanding (MOU) with the Secretary providing--</DELETED>
                <DELETED>    (A) a timetable for completion of 
                construction and opening of the Center;</DELETED>
                <DELETED>    (B) assurances that design, architectural 
                and construction contracts will be competively 
                awarded;</DELETED>
                <DELETED>    (C) specifications meeting all applicable 
                Federal, State, and local building codes and 
                laws;</DELETED>
                <DELETED>    (D) arrangements for operations and 
                maintenance upon completion of construction;</DELETED>
                <DELETED>    (E) a description of center collections 
                and educational programming;</DELETED>
                <DELETED>    (F) a plan for design of exhibits 
                including, but not limited to, collections to be 
                exhibited, security, preservation, protection, 
                environmental controls, and presentations in accordance 
                with professional museum standards;</DELETED>
                <DELETED>    (G) an agreement with the Navajo Nation 
                and the Ute Mountain Ute Tribe relative to site 
                selection and public access to the 
                facilities;</DELETED>
                <DELETED>    (H) a financing plan developed jointly by 
                the Navajo Nation and the Ute Mountain Ute Tribe 
                outlining the long-term management of the Center, 
                including but not limited to--</DELETED>
                        <DELETED>    (i) the acceptance and use of 
                        funds derived from public and private sources 
                        to minimize the use of appropriated or borrowed 
                        funds;</DELETED>
                        <DELETED>    (ii) the payment of the operating 
                        costs of the Center through the assessment of 
                        fees or other income generated by the 
                        Center;</DELETED>
                        <DELETED>    (iii) a strategy for achieving 
                        financial self-sufficiency with respect to the 
                        Center by not later than 5 years after the date 
                        of enactment of this Act;</DELETED>
                        <DELETED>    (iv) defining appropriate vendor 
                        standards and business activities at the Four 
                        Corners Monument Tribal Park.</DELETED>

<DELETED>SEC. 6. SELECTION OF GRANT RECIPIENT.</DELETED>

<DELETED>    The Secretary is authorized to award a grant in accordance 
with the provisions of this act. The Four Corners Heritage Council may 
make recommendations to the Secretary on grant proposals regarding the 
design of facilities at the Four Corners Monument Tribal 
Park.</DELETED>

<DELETED>SEC. 7. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    (a) Authorizations.--There are authorized to be 
appropriated to carry out this act--</DELETED>
        <DELETED>    (1) $2,000,000 for fiscal year 2000; and</DELETED>
        <DELETED>    (2) $50,000 for each of fiscal years 2001-2005 for 
        maintenance and operation of the center, program development, 
        or staffing in a manner consistent with the requirements of 
        Section 5(b).</DELETED>
<DELETED>    (b) Carryover--Any funds made available under this section 
that are unexpended at the end of the fiscal year for which those funds 
are appropriated, may be used by the Secretary through fiscal year 2002 
for the purposes for which those funds were made available.</DELETED>
<DELETED>    (c) Reservation of Funds.--The Secretary may reserve funds 
appropriated pursuant to this act until a proposal meeting the 
requirements of this act is submitted, but no later than September 30, 
2001.</DELETED>

<DELETED>SEC. 8. DONATIONS.</DELETED>

<DELETED>    Notwithstanding any other provision of law, for purposes 
of the planning, construction, and operation of the Center, the 
Secretary may accept, retain, and expend donations of funds, and use 
property or services donated from private persons and entities or from 
public entities.</DELETED>

<DELETED>SEC. 9. STATUTORY CONSTRUCTION.</DELETED>

<DELETED>    Nothing in this Act is intended to abrogate, modify, or 
impair any right or claim of the Navajo Nation 
or the Ute Mountain Ute Tribe, that is based on any law (including any 
treaty, Executive order, agreement, or Act of Congress).</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Four Corners Interpretive Center 
Act''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) the Four Corners Monument is nationally significant as 
        the only geographic location in the United States where 4 State 
        boundaries meet;
            (2) the States with boundaries that meet at the Four 
        Corners are Arizona, Colorado, New Mexico, and Utah;
            (3) between 1868 and 1875 the boundary lines that created 
        the Four Corners were drawn, and in 1899 a monument was erected 
        at the site;
            (4) a United States postal stamp will be issued in 1999 to 
        commemorate the centennial of the original boundary marker;
            (5) the Four Corners area is distinct in character and 
        possesses important historical, cultural, and prehistoric 
        values and resources within the surrounding cultural landscape;
            (6) although there are no permanent facilities or utilities 
        at the Four Corners Monument Tribal Park, each year the park 
        attracts approximately 250,000 visitors;
            (7) the area of the Four Corners Monument Tribal Park falls 
        entirely within the Navajo Nation or Ute Mountain Ute Tribe 
        reservations;
            (8) the Navajo Nation and the Ute Mountain Ute Tribe have 
        entered into a memorandum of understanding governing the 
        planning and future development of the Four Corners Monument 
        Tribal Park;
            (9) in 1992, through agreements executed by the Governors 
        of Arizona, Colorado, New Mexico, and Utah, the Four Corners 
        Heritage Council was established as a coalition of State, 
        Federal, tribal, and private interests;
            (10) the State of Arizona has obligated $45,000 for 
        planning efforts and $250,000 for construction of an 
        interpretive center at the Four Corners Monument Tribal Park;
            (11) numerous studies and extensive consultation with 
        American Indians have demonstrated that development at the Four 
        Corners Monument Tribal Park would greatly benefit the people 
        of the Navajo Nation and the Ute Mountain Ute Tribe;
            (12) the Arizona Department of Transportation has completed 
        preliminary cost estimates that are based on field experience 
        with rest-area development for the construction of a Four 
        Corners Interpretive Center and surrounding infrastructure, 
        including restrooms, roadways, parking areas, and water, 
        electrical, telephone, and sewage facilities;
            (13) an interpretive center would provide important 
        educational and enrichment opportunities for all Americans; and
            (14) Federal financial assistance and technical expertise 
        are needed for the construction of an interpretive center.
    (b) Purposes.--The purposes of this Act are--
            (1) to recognize the importance of the Four Corners 
        Monument and surrounding landscape as a distinct area in the 
        heritage of the United States that is worthy of interpretation 
        and preservation;
            (2) to assist the Navajo Nation and the Ute Mountain Ute 
        Tribe in establishing the Four Corners Interpretive Center and 
        related facilities to meet the needs of the general public;
            (3) to highlight and showcase the collaborative resource 
        stewardship of private individuals, Indian tribes, 
        universities, Federal agencies, and the governments of States 
        and political subdivisions thereof (including counties); and
            (4) to promote knowledge of the life, art, culture, 
        politics, and history of the culturally diverse groups of the 
        Four Corners region.

SEC. 3. DEFINITIONS.

    As used in this Act:
            (1) Center.--The term ``Center'' means the Four Corners 
        Interpretive Center established under section 4, including 
        restrooms, parking areas, vendor facilities, sidewalks, 
        utilities, exhibits, and other visitor facilities.
            (2) Eligible entity.--The term ``eligible entity'' means 
        the State of Arizona, Colorado, New Mexico, or Utah, or any 
        consortium of 2 or more of those States.
            (3) Four corners heritage council.--The term ``Four Corners 
        Heritage Council'' means the nonprofit coalition of Federal, 
        State, tribal, and private entities established in 1992 by 
        agreements of the Governors of the States of Arizona, Colorado, 
        New Mexico, and Utah.
            (4) Four corners monument.--The term ``Four Corners 
        Monument'' means the physical monument where the boundaries of 
        the States of Arizona, Colorado, New Mexico, and Utah meet.
            (5) Four corners monument tribal park.--The term ``Four 
        Corners Monument Tribal Park'' means lands within the legally 
        defined boundaries of the Four Corners Monument Tribal Park.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 4. FOUR CORNERS INTERPRETIVE CENTER.

    (a) Establishment.--Subject to the availability of appropriations, 
the Secretary is authorized to establish within the boundaries of the 
Four Corners Monument Tribal Park a center for the interpretation and 
commemoration of the Four Corners Monument, to be known as the ``Four 
Corners Interpretive Center''.
    (b) Land Designated and Made Available.--Land for the Center shall 
be designated and made available by the Navajo Nation or the Ute 
Mountain Ute Tribe within the boundaries of the Four Corners Monument 
Tribal Park in consultation with the Four Corners Heritage Council and 
in accordance with--
            (1) the memorandum of understanding between the Navajo 
        Nation and the Ute Mountain Ute Tribe that was entered into on 
        October 22, 1996; and
            (2) applicable supplemental agreements with the Bureau of 
        Land Management, the National Park Service, and the United 
        States Forest Service.
    (c) Concurrence.--Notwithstanding any other provision of this Act, 
no such center shall be established without the consent of the Navajo 
Nation and the Ute Mountain Ute Tribe.
    (d) Components of Center.--The Center shall include--
            (1) a location for permanent and temporary exhibits 
        depicting the archaeological, cultural, and natural heritage of 
        the Four Corners region;
            (2) a venue for public education programs;
            (3) a location to highlight the importance of efforts to 
        preserve southwestern archaeological sites and museum 
        collections;
            (4) a location to provide information to the general public 
        about cultural and natural resources, parks, museums, and 
        travel in the Four Corners region; and
            (5) visitor amenities including restrooms, public 
        telephones, and other basic facilities.

SEC. 5. CONSTRUCTION GRANT.

    (a) Grant.--
            (1) In general.--The Secretary is authorized to award a 
        grant to an eligible entity for the construction of the Center 
        in an amount not to exceed 50 percent of the cost of 
        construction of the Center.
            (2) Assurances.--To be eligible for the grant, the eligible 
        entity that is selected to receive the grant shall provide 
        assurances that--
                    (A) the non-Federal share of the costs of 
                construction is paid from non-Federal sources (which 
                may include contributions made by States, private 
                sources, the Navajo Nation, and the Ute Mountain Ute 
                Tribe for planning, design, construction, furnishing, 
                startup, and operational expenses); and
                    (B) the aggregate amount of non-Federal funds 
                contributed by the States used to carry out the 
                activities specified in subparagraph (A) will not be 
                less than $2,000,000, of which each of the States that 
                is party to the grant will contribute equally in cash 
                or in kind.
            (3) Funds from private sources.--A State may use funds from 
        private sources to meet the requirements of paragraph (2)(B).
            (4) Funds of state of arizona.--The State of Arizona may 
        apply $45,000 authorized by the State of Arizona during fiscal 
        year 1998 for planning and $250,000 that is held in reserve by 
        the State for construction toward the Arizona share.
    (b) Grant Requirements.--In order to receive a grant under this 
Act, the eligible entity selected to receive the grant shall--
            (1) submit to the Secretary a proposal that--
                    (A) meets all applicable--
                            (i) laws, including building codes and 
                        regulations; and
                            (ii) requirements under the memorandum of 
                        understanding described in paragraph (2); and
                    (B) provides such information and assurances as the 
                Secretary may require; and
            (2) enter into a memorandum of understanding with the 
        Secretary providing--
                    (A) a timetable for completion of construction and 
                opening of the Center;
                    (B) assurances that design, architectural, and 
                construction contracts will be competitively awarded;
                    (C) specifications meeting all applicable Federal, 
                State, and local building codes and laws;
                    (D) arrangements for operations and maintenance 
                upon completion of construction;
                    (E) a description of the Center collections and 
                educational programming;
                    (F) a plan for design of exhibits including, but 
                not limited to, the selection of collections to be 
                exhibited, and the providing of security, preservation, 
                protection, environmental controls, and presentations 
                in accordance with professional museum standards;
                    (G) an agreement with the Navajo Nation and the Ute 
                Mountain Ute Tribe relative to site selection and 
                public access to the facilities; and
                    (H) a financing plan developed jointly by the 
                Navajo Nation and the Ute Mountain Ute Tribe outlining 
                the long-term management of the Center, including--
                            (i) the acceptance and use of funds derived 
                        from public and private sources to minimize the 
                        use of appropriated or borrowed funds;
                            (ii) the payment of the operating costs of 
                        the Center through the assessment of fees or 
                        other income generated by the Center;
                            (iii) a strategy for achieving financial 
                        self-sufficiency with respect to the Center by 
                        not later than 5 years after the date of 
                        enactment of this Act; and
                            (iv) appropriate vendor standards and 
                        business activities at the Four Corners 
                        Monument Tribal Park.

SEC. 6. SELECTION OF GRANT RECIPIENT.

    The Four Corners Heritage Council may make recommendations to the 
Secretary on grant proposals regarding the design of facilities at the 
Four Corners Monument Tribal Park.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    (a) Authorizations.--There are authorized to be appropriated to the 
Department of the Interior to carry out this Act--
            (1) $2,000,000 for fiscal year 2000; and
            (2) $50,000 for each of fiscal years 2001 through 2005 for 
        maintenance and operation of the Center, program development, 
        or staffing in a manner consistent with the requirements of 
        section 5(b).
    (b) Carryover.--Funds made available under subsection (a)(1) that 
are unexpended at the end of the fiscal year for which those funds are 
appropriated, may be used by the Secretary through fiscal year 2002 for 
the purposes for which those funds are made available.
    (c) Reservation of Funds.--The Secretary may reserve funds 
appropriated pursuant to this Act until a grant proposal meeting the 
requirements of this Act is submitted, but no later than September 30, 
2001.

SEC. 8. DONATIONS.

    Notwithstanding any other provision of law, for purposes of the 
planning, construction, and operation of the Center, the Secretary may 
accept, retain, and expend donations of funds, and use property or 
services donated, from private persons and entities or from public 
entities.

SEC. 9. STATUTORY CONSTRUCTION.

    Nothing in this Act is intended to abrogate, modify, or impair any 
right or claim of the Navajo Nation 
or the Ute Mountain Ute Tribe, that is based on any law (including any 
treaty, Executive order, agreement, or Act of Congress).
                                     





                                                       Calendar No. 265

106th CONGRESS

  1st Session

                                 S. 28

                          [Report No. 106-144]

_______________________________________________________________________

                                 A BILL

  To authorize an interpretive center and related visitor facilities 
 within the Four Corners Monument Tribal Park, and for other purposes.

_______________________________________________________________________

                            August 27, 1999

                       Reported with an amendment