[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1939 Introduced in Senate (IS)]







107th CONGRESS
  2d Session
                                S. 1939

 To establish the Great Basin National Heritage Area, Nevada and Utah.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 13, 2002

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

_______________________________________________________________________

                                 A BILL


 
 To establish the Great Basin National Heritage Area, Nevada and Utah.

    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 ``Great Basin National Heritage Area 
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 significant;
            (2) communities in the Great Basin Heritage Area (including 
        the towns of Delta, Utah, Ely, Nevada, and the surrounding 
        communities) are located in a classic western landscape that 
        contains long natural vistas, isolated high desert valleys, 
        mountain ranges, ranches, mines, historic railroads, 
        archaeological sites, and tribal communities;
            (3) the Native American, pioneer, ranching, mining, timber, 
        and railroad heritages in the Great Basin Heritage Area include 
        the social history and living cultural traditions of a rich 
        diversity of nationalities;
            (4) the pioneer, Mormon and other religious settlements, 
        ranching, timber, and mining activities of the region played 
        and continue to play a significant 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 descent; and
                    (C) a Native American presence (Western Shoshone, 
                Northern and Southern Paiute, and Goshute) that 
                continues in the Great Basin today;
            (5) the Great Basin housed internment camps for Japanese-
        American citizens during World War II, 1 of which, Topaz, was 
        located within the Heritage Area;
            (6) the pioneer heritage of the Heritage Area includes the 
        Pony Express route and stations, the Overland Stage, and many 
        examples of 19th century exploration of the western United 
        States;
            (7) the Native American heritage of the Heritage Area dates 
        back thousands of years and includes--
                    (A) archaeological sites;
                    (B) petroglyphs and pictographs;
                    (C) the westernmost village of the Fremont culture; 
                and
                    (D) communities of Western Shoshone, Paiute, and 
                Goshute tribes;
            (8) the Heritage Area contains multiple biologically 
        diverse ecological communities that are home to exceptional 
        species such as--
                    (A) bristlecone pines, the oldest living trees in 
                the world;
                    (B) wildlife adapted to harsh desert conditions;
                    (C) unique plant communities, lakes, and streams; 
                and
                    (D) native Bonneville cutthroat trout;
            (9) the air and water quality of the Heritage Area is among 
        the best in the United States, and the clear air permits 
        outstanding viewing of the night skies;
            (10) the Heritage Area includes unique and outstanding 
        geologic features such as numerous limestone caves, classic 
        basin and range topography with playa lakes, alluvial fans, 
        volcanics, cold and hot springs, and recognizable features of 
        ancient Lake Bonneville;
            (11) the Heritage Area includes an unusual variety of open 
        space and recreational and educational opportunities because of 
        the great quantity of ranching activity and public land 
        (including city, county, and State parks, national forests, 
        Bureau of Land Management land, and a national park);
            (12) there are significant archaeological, historical, 
        cultural, natural, scenic, and recreational resources in the 
        Great Basin to merit the involvement of the Federal Government 
        in the development, in cooperation with the Great Basin 
        Heritage Area Partnership and other local and governmental 
        entities, of programs and projects to--
                    (A) adequately conserve, protect, and interpret 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 Area Partnership shall serve 
        as the management entity for a Heritage Area 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, Nevada, Millard County, Utah, and the 
        Duckwater Shoshone Reservation;
            (2) to enable communities referred to in paragraph (1) to 
        conserve their heritage while continuing to develop economic 
        opportunities; and
            (3) to conserve, interpret, and develop the archaeological, 
        historical, cultural, natural, scenic, and recreational 
        resources related to the unique ranching, industrial, and 
        cultural heritage of the Great Basin, in a manner that promotes 
        multiple uses permitted as of the date of enactment of this 
        Act, without 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 area.--The term ``Heritage Area'' means the 
        Great Basin National Heritage Area established by section 4(a).
            (3) Management entity.--The term ``management entity'' 
        means the Great Basin Heritage Area Partnership established by 
        section 4(c).
            (4) Management plan.--The term ``management plan'' means 
        the plan developed by the management entity under section 6(a).
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior, acting through the Director of the National 
        Park Service.

SEC. 4. GREAT BASIN NATIONAL HERITAGE AREA.

    (a) Establishment.--There is established the Great Basin National 
Heritage Area.
    (b) Composition.--The Heritage Area shall include historical, 
cultural, natural, scenic, and recreational resources within White Pine 
County, Nevada, Millard County, Utah, and the Duckwater Shoshone 
Reservation.
    (c) Management Entity.--
            (1) In general.--As a condition for the receipt of Federal 
        funds under this Act, the Great Basin Heritage Area Partnership 
        shall serve as the management entity for the Heritage Area.
            (2) Board of directors.--The Great Basin Heritage Area 
        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 Native 
                American Tribe participating in the Heritage Area.

SEC. 5. MEMORANDUM OF UNDERSTANDING.

    (a) In General.--In carrying out this Act, the Secretary, in 
consultation with the Governors of the States of Nevada and Utah, shall 
enter into a memorandum of understanding with the management entity.
    (b) Inclusions.--The memorandum of understanding shall include 
information relating to the objectives and management of the Heritage 
Area, including--
            (1) a description of the resources within the Heritage 
        Area;
            (2) a discussion of the goals and objectives of the 
        Heritage Area, including--
                    (A) an explanation of the proposed approach to 
                conservation, development, and interpretation; 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 commitment of the 
        initial partners to be involved in developing and implementing 
        the management plan; and
            (5) a description of the role of the States of Nevada and 
        Utah in the management of the Heritage Area.
    (c) Additional Requirements.--In developing the terms of the 
memorandum of understanding, the Secretary 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 aspects of the 
        memorandum of understanding.
    (d) Amendments.--
            (1) In general.--The Secretary shall review any amendments 
        of the memorandum of understanding 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 5 years after the date of enactment 
of this Act, the management entity may develop and submit to the 
Secretary for approval a management plan for the Heritage Area that 
presents clear and comprehensive recommendations for the conservation, 
funding, management, and development of the Heritage Area.
    (b) Considerations.--In developing the management plan, the 
management entity shall--
            (1) provide for the participation of local residents, 
        public agencies, and private organizations located within the 
        counties of Millard County, Utah, White Pine County, Nevada, 
        and the Duckwater Shoshone Reservation in the protection and 
        development of resources of the Heritage Area, 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; and
            (3) include--
                    (A) an inventory of the archaeological, historical, 
                cultural, natural, scenic, and recreational resources 
                contained in the Heritage Area, including a list of 
                public and tribal property that--
                            (i) is related to the themes of the 
                        Heritage Area; and
                            (ii) should be preserved, restored, 
                        managed, developed, or maintained because of 
                        the archaeological, historical, cultural, 
                        natural, scenic, and recreational significance 
                        of the property;
                    (B) 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 identified 
                        partners referred to in section 5(b)(4) for the 
                        first 5 years of operation; and
                    (C) an interpretation plan for the Heritage Area; 
                and
            (4) develop a management plan that will not infringe 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 accordance with subsection (a), the 
Heritage Area 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 disapprove the management plan.
            (2) Criteria.--In determining whether to approve a 
        management plan, the Secretary shall consider whether the 
        management plan--
                    (A) has strong local support from a diversity of 
                landowners, business interests, 
nonprofit organizations, and governments within the Heritage Area;
                    (B) is consistent with and complements continued 
                economic activity in the Heritage Area;
                    (C) has a high potential for effective partnership 
                mechanisms;
                    (D) infringes on 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 writing 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 management plan as provided 
in section 6(d)(1), the management entity, in conjunction with the 
Secretary, shall take appropriate 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 loans and grants to, and enter into cooperative 
        agreements with, a State (including a political subdivision), a 
        tribe, a private organization, or any person; and
            (2) hire and compensate staff.
    (b) Duties.--In addition to developing the management plan, the 
management entity shall--
            (1) give priority to implementing the memorandum of 
        understanding and the management plan, including taking steps 
        to--
                    (A) assist units of government, regional planning 
                organizations, and nonprofit organizations in--
                            (i) establishing and maintaining 
                        interpretive exhibits in the Heritage Area;
                            (ii) developing recreational resources in 
                        the Heritage Area;
                            (iii) increasing public awareness of and 
                        appreciation for the archaeological, 
                        historical, cultural, natural, scenic, and 
                        recreational resources and sites in the 
                        Heritage Area; and
                            (iv) if requested by the owner, restoring, 
                        stabilizing, or rehabilitating any private, 
                        public, or tribal historical building relating 
                        to the themes of the Heritage Area;
                    (B) encourage economic viability and diversity in 
                the Heritage Area in accordance with the objectives of 
                the management plan; and
                    (C) encourage the installation of clear, 
                consistent, and environmentally appropriate signage 
                identifying access points and sites of interest 
                throughout the Heritage Area;
            (2) consider the interests of diverse governmental, 
        business, and nonprofit groups within the Heritage Area;
            (3) conduct public meetings within the Heritage Area at 
        least semiannually regarding the implementation of the 
        management plan;
            (4) submit substantial amendments (including any increase 
        of more than 20 percent in the cost estimates for 
        implementation) to the management plan to the Secretary for 
        approval by the Secretary; and
            (5) for any year for which Federal funds are received under 
        this Act--
                    (A) submit to the Secretary a report that 
                describes, for the year--
                            (i) the accomplishments of the management 
                        entity;
                            (ii) the expenses and income of the 
                        management entity; and
                            (iii) each entity to which any loan or 
                        grant was made;
                    (B) make available for audit all records pertaining 
                to the expenditure of the funds and any matching funds; 
                and
                    (C) require, for all agreements authorizing the 
                expenditure of Federal funds by any entity, that the 
                receiving entity make available for audit all records 
                pertaining to the expenditure of the funds.
    (c) Prohibition on the Acquisition of Real Property.--The 
management entity shall not use Federal funds made available under this 
Act to acquire real property or any interest in real property.
    (d) Prohibition on the Regulation of Land Use.--The management 
entity shall not regulate land use within the Heritage Area.

SEC. 8. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES.

    (a) Technical and Financial Assistance.--
            (1) In general.--The Secretary may, on request of the 
        management entity, provide technical and financial assistance 
        to develop and implement the management plan and memorandum of 
        understanding.
            (2) Priority for assistance.--In providing assistance under 
        paragraph (1), the Secretary shall, on request of the 
        management entity, give priority to actions that assist in--
                    (A) conserving the significant archaeological, 
                historical, cultural, natural, scenic, and recreational 
                resources of the Heritage Area; and
                    (B) providing education, interpretive, and 
                recreational opportunities, consistent with those 
                resources.
    (b) Spending for Non-Federal Property.--
            (1) In general.--The Secretary may spend Federal funds to 
        carry out this Act, especially in assisting units of government 
        in appropriate treatment of districts, sites, buildings, 
        structures, and objects on non-Federal property that are listed 
        or eligible for listing on the National Register of Historic 
        Places.
            (2) Studies.--On request of the management entity and after 
        obtaining the consent of any non-Federal property owners, the 
        Historic American Building Survey or Historic American 
        Engineering Record shall conduct any study necessary to 
        document the industrial, engineering, building, and 
        architectural history of the Heritage Area.
    (c) Federal Share.--The Federal share of the costs for any project 
provided assistance under this Act shall not exceed 50 percent.
    (d) Non-Federal Share.--The non-Federal share of the cost for a 
project may be in the form of contributions, grants, loans, and in-kind 
services from private parties, Federal, State, or local governments or 
agencies.
    (e) Application of Federal Law.--The establishment of the Heritage 
Area shall have no effect on the application of any Federal law to any 
property within the Heritage Area.

SEC. 9. LAND USE REGULATION; APPLICABILITY OF FEDERAL LAW.

    (a) Land Use Regulation.--Nothing in this Act--
            (1) modifies, enlarges, or diminishes any authority of the 
        Federal, State, tribal, or local government to regulate by law 
        (including by regulation) any use of land; or
            (2) grants any power of zoning or land use to the 
        management entity.
    (b) Applicability of Federal Law.--Nothing in this Act--
            (1) imposes on the Heritage Area, as a result of the 
        designation of the Heritage Area, any regulation that is not 
        applicable to the area within the Heritage area as of the date 
        of enactment of this Act; or
            (2) authorizes any agency to promulgate a regulation that 
        applies to the Heritage Area solely as a result of the 
        designation under this Act.

SEC. 10. TERMINATION OF AUTHORITY.

    The Secretary shall not provide any assistance under this Act after 
September 20, 2020.

SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to carry out this Act 
$10,000,000.
                                 <all>