[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 509 Reported in Senate (RS)]

                                                        Calendar No. 64
107th CONGRESS
  1st Session
                                 S. 509

                          [Report No. 107-29]

 To establish the Kenai Mountains-Turnagain Arm National Heritage Area 
            in the State of Alaska, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 9, 2001

 Mr. Murkowski (for himself and Mr. Stevens) introduced the following 
bill; which was read twice and referred to the Committee on Energy and 
                           Natural Resources

                              June 5, 2001

 Reported by Mr. Murkowski, with an amendment and an amendment to the 
                                 title
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
 To establish the Kenai Mountains-Turnagain Arm National Heritage Area 
            in the State of Alaska, 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 ``Kenai Mountains-Turnagain 
Arm National Heritage Area Act of 2001.''</DELETED>

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

<DELETED>    (a) Findings.--Congress finds that--</DELETED>
        <DELETED>    (1) The Kenai Mountains-Turnagain Arm 
        transportation corridor is a major gateway to Alaska and 
        includes a range of transportation routes used first by 
        indigenous people who were followed by pioneers who settled the 
        Nation's last frontier;</DELETED>
        <DELETED>    (2) the natural history and scenic splendor of the 
        region are equally outstanding; vistas of nature's power 
        include evidence of earthquake subsidence, recent avalanches, 
        retreating glaciers and tidal action along Turnagain Arm, which 
        has the world's second greatest tidal range;</DELETED>
        <DELETED>    (3) the cultural landscape formed by indigenous 
        people and then by settlement, transportation and modern 
        resource development in this rugged and often treacherous 
        natural setting stands as powerful testimony to the human 
        fortitude, perseverance, and resourcefulness that is America's 
        proudest heritage from the people who settled the 
        frontier;</DELETED>
        <DELETED>    (4) there is a national interest in recognizing, 
        preserving, promoting, and interpreting these 
        resources;</DELETED>
        <DELETED>    (5) the Kenai Mountains-Turnagain Arm region is 
        geographically and culturally cohesive because it is defined by 
        a corridor of historic routes--trail, water, railroad, and 
        roadways through a distinct landscape of mountains, lakes, and 
        fjords;</DELETED>
        <DELETED>    (6) national significance of separate elements of 
        the region include, but are not limited to, the Iditarod 
        National Historic Trail, the Seward Highway National Scenic 
        Byway, and the Alaska Railroad National Scenic 
        Railroad;</DELETED>
        <DELETED>    (7) national heritage area designation provides 
        for the interpretation of these routes, as well as the national 
        historic districts and numerous historic routes in the region 
        as part of the whole picture of human history in the wider 
        transportation corridor including early Native trade routes, 
        connections by waterway, mining trail, and other 
        routes;</DELETED>
        <DELETED>    (8) national heritage area designation also 
        provides communities within the region with the motivation and 
        means for ``grass roots'' regional coordination and 
        partnerships with each other and with borough, State, and 
        Federal agencies; and</DELETED>
        <DELETED>    (9) national heritage area designation is 
        supported by the Kenai Peninsula Historical Association, the 
        Seward Historical Commission, the Seward City Council, the Hope 
        and Sunrise Historical Society, the Hope Chamber of Commerce, 
        the Alaska Association for Historic Preservation, the Cooper 
        Landing Community Club, the Alaska Wilderness Recreation and 
        Tourism Association, Anchorage Historic Properties, the 
        Anchorage Convention and Visitors Bureau, the Cook Inlet 
        Historical Society, the Moose Pass Sportsman's Club, the Alaska 
        Historical Commission, the Girdwood Board of Supervisors, the 
Kenai River Special Management Area Advisory Board, the Bird/Indian 
Community Council, the Kenai Peninsula Borough Trails Commission, the 
Alaska Division of Parks and Recreation, the Kenai Peninsula Borough, 
the Kenai Peninsula Tourism Marketing Council, and the Anchorage 
Municipal Assembly.</DELETED>
<DELETED>    (b) Purposes.--The purposes of this Act are--</DELETED>
        <DELETED>    (1) to recognize, preserve, and interpret the 
        historic and modern resource development and cultural 
        landscapes of the Kenai Mountains-Turnagain Arm historic 
        transportation corridor, and to promote and facilitate the 
        public enjoyment of these resources; and</DELETED>
        <DELETED>    (2) to foster, through financial and technical 
        assistance, the development of cooperative planning and 
        partnership among the communities and borough, State, and 
        Federal Government entities.</DELETED>

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

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Heritage area.--The term ``Heritage Area'' 
        means the Kenai Mountains-Turnagain Arm National Heritage Area 
        established by section 4(a) of this Act.</DELETED>
        <DELETED>    (2) Management entity.--The term ``management 
        entity'' means the 11 member Board of Directors of the Kenai 
        Mountains-Turnagain Arm National Heritage Corridor Communities 
        Association.</DELETED>
        <DELETED>    (3) Management plan.--The term ``management plan'' 
        means the management plan for the Heritage Area.</DELETED>
        <DELETED>    (4) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior.</DELETED>

<DELETED>SEC. 4. KENAI MOUNTAINS-TURNAGAIN ARM NATIONAL HERITAGE 
              AREA.</DELETED>

<DELETED>    (a) Establishment.--There is established the Kenai 
Mountains-Turnagain Arm National Heritage Area.</DELETED>
<DELETED>    (b) Boundaries.--The Heritage Area shall comprise the 
lands in the Kenai Mountains and upper Turnagain Arm region generally 
depicted on the map entitled ``Kenai Peninsula/Turnagain Arm National 
Heritage Corridor'', numbered ``Map #KMTA-1, and dated ``August 1999''. 
The map shall be on file and available for public inspection in the 
offices of the Alaska Regional Office of the National Park Service and 
in the offices of the Alaska State Heritage Preservation 
Officer.</DELETED>

<DELETED>SEC. 5. MANAGEMENT ENTITY.</DELETED>

<DELETED>    (a) The Secretary shall enter into a cooperative agreement 
with the management entity, to carry out the purposes of this Act. The 
cooperative agreement shall include information relating to the 
objectives and management of the Heritage Area, including the 
following:</DELETED>
        <DELETED>    (1) A discussion of the goals and objectives of 
        the Heritage Area;</DELETED>
        <DELETED>    (2) An explanation of the proposed approach to 
        conservation and interpretation of the Heritage Area;</DELETED>
        <DELETED>    (3) A general outline of the protection measures, 
        to which the management entity commits.</DELETED>
<DELETED>    (b) Nothing in this Act authorizes the management entity 
to assume any management authorities or responsibilities on Federal 
lands.</DELETED>
<DELETED>    (c) Representatives of other organizations shall be 
invited and encouraged to participate with the management entity and in 
the development and implementation of the management plan, including 
but not limited to: The State Division of Parks and Outdoor Recreation; 
the State Division of Mining, Land and Water; the Forest Service; the 
State Historic Preservation Office; the Kenai Peninsula Borough; the 
Municipality of Anchorage; the Alaska Railroad; the Alaska Department 
of Transportation; and the National Park Service.</DELETED>
<DELETED>    (d) Representation of ex-officio members in the non-profit 
corporation shall be established under the bylaws of the management 
entity.</DELETED>

<DELETED>SEC. 6. AUTHORITIES AND DUTIES OF MANAGEMENT 
              ENTITY.</DELETED>

<DELETED>    (a) Management Plan.--</DELETED>
        <DELETED>    (1) In general.--Not later than 3 years after the 
        Secretary enters into a cooperative agreement with the 
        management entity, the management entity shall develop a 
        management plan for the Heritage Area, taking into 
        consideration existing Federal, State, borough, and local 
        plans.</DELETED>
        <DELETED>    (2) Contents.--The management plan shall include, 
        but not be limited to--</DELETED>
                <DELETED>    (A) comprehensive recommendations for 
                conservation, funding, management, and development of 
                the Heritage Area;</DELETED>
                <DELETED>    (B) a description of agreements on actions 
                to be carried out by Government and private 
                organizations to protect the resources of the Heritage 
                Area;</DELETED>
                <DELETED>    (C) a list of specific and potential 
                sources of funding to protect, manage, and develop the 
                Heritage Area;</DELETED>
                <DELETED>    (D) an inventory of the resources 
                contained in the Heritage Area; and</DELETED>
                <DELETED>    (E) a description of the role and 
                participation of other Federal, State, and local 
                agencies that have jurisdiction on lands within the 
                Heritage Area.</DELETED>
<DELETED>    (b) Priorities.--The management entity shall give priority 
to the implementation of actions, goals, and policies set forth in the 
cooperative agreement with the Secretary and the heritage plan, 
including assisting communities within the region in--</DELETED>
        <DELETED>    (1) carrying out programs which recognize 
        important resource values in the Heritage Area;</DELETED>
        <DELETED>    (2) encouraging economic viability in the affected 
        communities;</DELETED>
        <DELETED>    (3) establishing and maintaining interpretive 
        exhibits in the Heritage Area;</DELETED>
        <DELETED>    (4) improving and interpreting heritage 
        trails;</DELETED>
        <DELETED>    (5) increasing public awareness and appreciation 
        for the natural, historical, and cultural resources and modern 
        resource development of the Heritage Area;</DELETED>
        <DELETED>    (6) restoring historic buildings and structures 
        that are located within the boundaries of the Heritage Area; 
        and</DELETED>
        <DELETED>    (7) ensuring that clear, consistent, and 
        appropriate signs identifying public access points and sites of 
        interest are placed throughout the Heritage Area.</DELETED>
<DELETED>    (c) Public Meetings.--The management entity shall conduct 
2 or more public meetings each year regarding the initiation and 
implementation of the management plan for the Heritage Area. The 
management entity shall place a notice of each such meeting in a 
newspaper of general circulation in the Heritage Area and shall make 
the minutes of the meeting available to the public.</DELETED>

<DELETED>SEC. 7. DUTIES OF THE SECRETARY.</DELETED>

<DELETED>    (a) The Secretary, in consultation with the Governor of 
Alaska, or his designee, is authorized to enter into a cooperative 
agreement with the management entity. The cooperative agreement shall 
be prepared with public participation.</DELETED>
<DELETED>    (b) In accordance with the terms and conditions of the 
cooperative agreement and upon the request of the management entity, 
and subject to the availability of funds, the Secretary may provide 
administrative, technical, financial, design, development, and 
operations assistance to carry out the purposes of this Act.</DELETED>

<DELETED>SEC. 8. SAVINGS PROVISIONS.</DELETED>

<DELETED>    (a) Regulatory Authority.--Nothing in this Act shall be 
construed to grant powers of zoning or management of land use to the 
management entity of the Heritage Area.</DELETED>
<DELETED>    (b) Effect on Authority of Governments.--Nothing in this 
Act shall be construed to modify, enlarge, or diminish any authority of 
the Federal, State, or local governments to manage or regulate any use 
of land as provided for by law or regulation.</DELETED>
<DELETED>    (c) Effect on Business.--Nothing in this Act shall be 
construed to obstruct or limit business activity on private development 
or resource development activities.</DELETED>

<DELETED>SEC. 9. PROHIBITION ON THE ACQUISITION OR REAL 
              PROPERTY.</DELETED>

<DELETED>    The management entity may not use funds appropriated to 
carry out the purposes of this Act to acquire real property or interest 
in real property.</DELETED>

<DELETED>SEC. 10. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    (a) First Year.--For the first year $350,000 is authorized 
to be appropriated to carry out the purposes of this Act, and is made 
available upon the Secretary and the management entity completing a 
cooperative agreement.</DELETED>
<DELETED>    (b) In General.--There is authorized to be appropriated 
not more than $1,000,000 to carry out the purposes of this Act for any 
fiscal year after the first year. Not more than $10,000,000, in the 
aggregate, may be appropriated for the Heritage Area.</DELETED>
<DELETED>    (c) Matching Funds.--Federal funding provided under this 
Act shall be matched at least 25 percent by other funds or in-kind 
services.</DELETED>
<DELETED>    (d) Sunset Provision.--The Secretary may not make any 
grant or provide any assistance under this Act beyond 15 years from the 
date that the Secretary and management entity complete a cooperative 
agreement.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Kenai Mountains-Turnagain Arm 
National Heritage Corridor Act of 2001''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) the Kenai Mountains-Turnagain Arm transportation 
        corridor is a major gateway to Alaska and includes a range of 
        transportation routes used first by indigenous people who were 
        followed by pioneers who settled the Nation's last frontier;
            (2) the natural history and scenic splendor of the region 
        are equally outstanding; vistas of nature's power include 
        evidence of earthquake subsidence, recent avalanches, 
        retreating glaciers and tidal action along Turnagain Arm, which 
        has the world's second greatest tidal range;
            (3) the cultural landscape formed by indigenous people and 
        then by settlement, transportation and modern resource 
        development in this rugged and often treacherous natural 
        setting stands as powerful testimony to the human fortitude, 
        perseverance, and resourcefulness that is America's proudest 
        heritage from the people who settled the frontier;
            (4) there is a national interest in recognizing, 
        preserving, promoting, and interpreting these resources;
            (5) the Kenai Mountains-Turnagain Arm region is 
        geographically and culturally cohesive because it is defined by 
        a corridor of historic routes--trail, water, railroad, and 
        roadways through a distinct landscape of mountains, lakes, and 
        fjords;
            (6) national significance of separate elements of the 
        region include, but are not limited to, the Iditarod National 
        Historic Trail, the Seward Highway National Scenic Byway, and 
        the Alaska Railroad National Scenic Railroad;
            (7) national Heritage Corridor designation provides for the 
        interpretation of these routes, as well as the national 
        historic districts and numerous historic routes in the region 
        as part of the whole picture of human history in the wider 
        transportation corridor including early Native trade routes, 
        connections by waterway, mining trail, and other routes;
            (8) national Heritage Corridor designation also provides 
        communities within the region with the motivation and means for 
        ``grass roots'' regional coordination and partnerships with 
        each other and with borough, State, and Federal agencies; and
            (9) national Heritage Corridor designation is supported by 
        the Kenai Peninsula Historical Association, the Seward 
        Historical Commission, the Seward City Council, the Hope and 
        Sunrise Historical Society, the Hope Chamber of Commerce, the 
        Alaska Association for Historic Preservation, the Cooper 
        Landing Community Club, the Alaska Wilderness Recreation and 
        Tourism Association, Anchorage Historic Properties, the 
        Anchorage Convention and Visitors Bureau, the Cook Inlet 
        Historical Society, the Moose Pass Sportsman's Club, the Alaska 
        Historical Commission, the Girdwood Board of Supervisors, the 
        Kenai River Special Management Area Advisory Board, the Bird/
        Indian Community Council, the Kenai Peninsula Borough Trails 
        Commission, the Alaska Division of Parks and Recreation, the 
        Kenai Peninsula Borough, the Kenai Peninsula Tourism Marketing 
Council, and the Anchorage Municipal Assembly.
    (b) Purposes.--The purposes of this Act are--
            (1) to recognize, preserve, and interpret the historic and 
        modern resource development and cultural landscapes of the 
        Kenai Mountains-Turnagain Arm historic transportation corridor, 
        and to promote and facilitate the public enjoyment of these 
        resources; and
            (2) to foster, through financial and technical assistance, 
        the development of cooperative planning and partnerships among 
        the communities and borough, State, and Federal Government 
        entities.

SEC. 3. DEFINITIONS

    In this Act:
            (1) Heritage corridor.--The term ``Heritage Corridor'' 
        means the Kenai Mountains-Turnagain Arm National Heritage 
        Corridor established by section 4(a) of this Act.
            (2) Management entity.--The term ``management entity'' 
        means the 11 member Board of Directors of the Kenai Mountains-
        Turnagain Arm National Heritage Corridor Communities 
        Association, a non-profit corporation, established in 
        accordance with the laws of the State of Alaska.
            (3) Management plan.--The term ``management plan'' means 
        the management plan for the Heritage Corridor.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 4. KENAI MOUNTAINS-TURNAGAIN ARM NATIONAL HERITAGE CORRIDOR.

    (a) Establishment.--There is established the Kenai Mountains-
Turnagain Arm National Heritage Corridor.
    (b) Boundaries.--The Heritage Corridor shall comprise the lands ion 
the Kenai Mountains and upper Turnagain Arm region generally depicted 
on the map entitled ``Kenai Peninsula/Turnagain Arm National Heritage 
Corridor'', numbered ``Map #KMTA--1, and dated ``August 1999''. The map 
shall be on file and available for public inspection in the offices of 
the Alaska Regional Office of the National Park Service and in the 
offices of the Alaska State Heritage Preservation Officer.

SEC. 5. MANAGEMENT ENTITY.

    (a) To carry out the purposes of this Act, the Secretary shall 
enter into a cooperative agreement with the management entity. The 
cooperative agreement shall be prepared with public participation and 
shall include information relating to the objectives and management of 
the Heritage Corridor, including the following:
            (1) A discussion of the goals and objectives of the 
        Heritage Corridor.
            (2) An explanation of the proposed approach to conservation 
        and interpretation of the Heritage Corridor.
            (3) A general outline of the protection measures, to which 
        the management entity commits.
    (b) Nothing in this Act authorizes the management entity to assume 
any management authorities or responsibilities on Federal lands.
    (c) Representatives of other organizations shall be invited and 
encouraged to participate with the management entity and in the 
development and implementation of the management plan, including but 
not limited to: The State Division of Parks and Outdoor Recreation; the 
State Division of Mining, Land and Water; the Forest Service; the State 
Historic Preservation Office; the Kenia Peninsula Borough, the 
Municipality of Anchorage; the Alaska Railroad, the Alaska Department 
of Transportation; and the National Park Service.

SEC. 6. AUTHORITIES AND DUTIES OF MANAGEMENT ENTITY.

    (a) Management plan.--
            (1) In general.--Not later than 3 years after the Secretary 
        enters into a cooperative agreement with the management entity, 
        the management entity shall develop a management plan for the 
        Heritage Corridor, taking into consideration existing Federal, 
        State, borough, and local plans.
            (2) Contents.--The management plan shall include, but not 
        be limited to--
                    (A) comprehensive recommendations for 
conservation, funding, management, and development of the Heritage 
Corridor;
                    (B) a description of agreements on actions to be 
                carried out by public and private organizations to 
                protect the resources of the Heritage Corridor;
                    (C) a list of specific and potential sources of 
                funding to protect, manage, and develop the Heritage 
                Corridor;
                    (d) an inventory of the known cultural and historic 
                resources contained in the Heritage Corridor; and
                    (E) a description of the role and participation of 
                other Federal, State, and local agencies that have 
                jurisdiction on lands within the Heritage Corridor.
    (b) Priorities.--The management entity shall give priority to the 
implementation of actions, goals, and policies set forth in the 
cooperative agreement with the Secretary and the management plan, 
including assisting communities within the region in--
            (1) carrying out programs which recognize important 
        resource values in the Heritage Corridor;
            (2) encouraging economic viability in the affected 
        communities;
            (3) establishing and maintaining interpretive exhibits in 
        the Heritage Corridor;
            (4) improving and interpreting heritage trails;
            (5) increasing public awareness and appreciation for the 
        natural, historical, and cultural resources and modern resource 
        development of the Heritage Corridor;
            (6) restoring historic buildings and structures that are 
        located within the boundaries of the Heritage Corridor; and
            (7) ensuring that clear, consistent, and appropriate signs 
        identifying public access points and sites of interest are 
        placed throughout the Heritage Corridor.
    (c) Public Meetings.--The management entity shall conduct 2 or more 
public meetings each year regarding the initiation and implementation 
of the management plan for the Heritage Corridor. The management entity 
shall place a notice of each such meeting in a newspaper of general 
circulation in the Heritage Corridor and shall make the minutes of the 
meeting available to the public.

SEC. 7. DUTIES OF THE SECRETARY.

    In accordance with the terms and conditions of the cooperative 
agreement and upon the request of the management entity, and subject to 
the availability of funds, the Secretary may provide administrative, 
technical, financial, design, development, and operations assistance to 
carry out the purposes of this Act.

SEC. 8. SAVINGS PROVISIONS.

    (a)Regulatory Authority.--Nothing in this Act shall be construed to 
grant powers of zoning or management of land use to the management 
entity of the Heritage Corridor.
    (b) Effect on Authority of Governments.--Nothing in this Act shall 
be construed to modify, enlarge, or diminish any authority of the 
Federal, State, or local governments to manage or regulate any use of 
land as provided for by law or regulation.
    (c) Effect on Business.--Nothing in this Act shall be construed to 
obstruct or limit business activity on private development or resource 
development activities.

SEC. 9. PROHIBITION ON THE ACQUISITION OR REAL PROPERTY.

    The management entity may not use funds appropriated to carry out 
the purposes of this Act to acquire real property or interest in real 
property.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    (a) First Year.--For the first year $350,000 is authorized to be 
appropriated to carry our the purposes of this Act, and is made 
available upon the Secretary and the management entity entering into a 
cooperative agreement as authorized in section 3.
    (b) In General.--There is authorized to be appropriated not more 
than $1,000,000 to carry out the purposes of this Act for any fiscal 
year after the first year. Not more than $10,000,000, in the aggregate, 
may be appropriated for the Heritage Corridor.
    (c) Matching Funds.--Federal funding provided under this Act shall 
be matched at least 25 percent by other funds or in-kind services.
(d) Sunset Provision.--The Secretary may not make any grant or provide 
any assistance under this Act beyond 15 years from the date that the 
Secretary and management entity complete a cooperative agreement.
    Amend the title so as to read: ``To establish the Kenai Mountains-Turnagain 
Arm National Heritage Corridor in the State of Alaska, and for other 
purposes.''.




                                                        Calendar No. 64

107th CONGRESS

  1st Session

                                 S. 509

                          [Report No. 107-29]

_______________________________________________________________________

                                 A BILL

 To establish the Kenai Mountains-Turnagain Arm National Heritage Area 
            in the State of Alaska, and for other purposes.

_______________________________________________________________________

                              June 5, 2001

        Reported with an amendment and an amendment to the title