[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3876 Introduced in House (IH)]







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 Representatives 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 history, and the major 
        themes and images of the history of the American West provide a 
        legacy that has done much to shape the contemporary culture, 
        attitudes, 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 associated with the 
        history of the American West, including themes of pre-Columbian 
        and Native American culture, exploration, pioneering, 
        settlement, ranching, outlaws, prospecting and mining, water 
        development and irrigation, railroad building, industrial 
        development, 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 includes 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 heritage of activities 
        associated with mining, such as prospecting, railroad building, 
        immigrant workers, coal camps, labor union movements, and 
        mining disasters.
            (6) The San Rafael region is widely recognized for its 
        significant paleontological resources and dinosaur bone 
        quarries, including the Cleveland Lloyd Dinosaur Quarry which 
        was designated as a National Natural Landmark in 1966.
            (7) The beautiful rural landscapes, historic and cultural 
        landscapes, and spectacular scenic vistas of the San Rafael 
        region contain significant undeveloped recreational 
        opportunities for people throughout 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 Museum, 
        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 
        preservation activities of the area.
            (9) Despite the efforts of the State of Utah, political 
        subdivisions of the State, volunteer organizations, 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 scientific 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 Federal, 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 follows:
            (1) To establish the San Rafael Western Frontier National 
        Heritage Area to promote the preservation, conservation, 
        interpretation, and development of the historical, cultural, 
        natural, and recreational resources related to the historical, 
        cultural, and industrial 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 opportunities to enhance the 
        quality of life for present and future generations.
            (3) To assist the State of Utah, political subdivisions of 
        the State and their local and regional entities, and nonprofit 
        organizations, or combinations thereof, in preparing and 
        implementing a heritage plan for the National Heritage Area and 
        in developing policies and programs that will preserve, 
        enhance, 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 assistance 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 Frontier 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 operating under 
        section 501(c)(3) of the Internal Revenue 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 ``financial 
        assistance'' means funds appropriated by the Congress and made 
        available to the Heritage Council for the purposes of this Act.
            (6) Technical assistance.--The term ``technical 
        assistance'' means any guidance, advice, help, or aid, other 
        than financial assistance, provided by the Secretary.

SEC. 4. SAN RAFAEL WESTERN FRONTIER NATIONAL HERITAGE 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 Heritage Area shall 
        include lands in Utah that are encompassed 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 Director 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 specified, the Heritage Council shall 
        cease to be authorized 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 implementing the heritage plan for the 
Heritage Area, use Federal funds made available under this Act for the 
following purposes:
            (1) To make grants or loans to the State of Utah and its 
        political subdivisions, nonprofit organizations, and other 
        persons.
            (2) To enter into cooperative agreements with the State of 
        Utah, its political subdivisions, nonprofit 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 Property.--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 Heritage Council shall prepare and 
submit to the Secretary for review a heritage plan for the Heritage 
Area.
    (b) Plan Requirements.--The heritage plan submitted under this 
section shall--
            (1) contain comprehensive recommendations for the 
        conservation, funding, management, and development 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 existing 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 conservation, 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 Heritage Area that 
        should be conserved, restored, managed, developed, or 
        maintained because of the natural, 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 cooperative agreements to 
        manage the historical, cultural, and natural resources and 
        recreational opportunities for the Heritage Area in a manner 
        consistent with appropriate and compatible economic viability.
            (3) A program for implementation of the heritage 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 submitted under subsection (a), 
        the Secretary shall approve or disapprove the heritage plan. If 
        the Secretary has taken no action within 60 days after receipt, 
        the heritage plan shall be considered to be approved.
            (2) Effect of disapproval.--If the Secretary disapproves 
        the heritage plan, the Secretary shall advise the Heritage 
        Council, in writing, of the reasons for the disapproval and 
        shall make recommendations 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 action 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 policies 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 resources 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 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 
        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 throughout 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 viability 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, 
businesses, 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 
entities 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 Heritage 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 Financial Assistance.--
The Secretary may provide technical assistance and, subject to the 
availability of appropriations, financial assistance in the form of 
grants--
            (1) to the Heritage Council, regarding preparation and 
        implementation of the heritage plan; and
            (2) to units of government, nonprofit organizations, and 
        other persons upon request of the Heritage 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, nonprofit organization, or other person 
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 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 organizations for the purposes of 
implementing this subsection.
    (f) Duties of Other Federal Agencies.--Federal 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 
objectives of the heritage plan in an effort to minimize the adverse 
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 Governments.--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 private 
        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 authority of the Secretary, 
        the Bureau of Land Management, 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 Management.--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 appropriated under this 
Act not more than $1,000,000 annually, to remain available until 
expended. Not more than a total of $10,000,000 may be appropriated for 
the Heritage 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 National Heritage 
        Area may not exceed an amount proportionate to the level of 
        local support of and commitment 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.--Notwithstanding 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 allocated 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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