[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 163 Reported in Senate (RS)]






                                                         Calendar No. 9
109th CONGRESS
  1st Session
                                 S. 163

                           [Report No. 109-2]

To establish the National Mormon Pioneer Heritage Area in the State of 
                     Utah, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 25, 2005

  Mr. Bennett introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

                           February 16, 2005

Reported by Mr. Domenici, with amendments and an amendment to the title
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 A BILL


 
To establish the National Mormon Pioneer 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 ``<DELETED>National Mormon Pioneer</DELETED> 
Mormon Pioneer National Heritage Area Act''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds that--
            (1) the historical, cultural, and natural heritage legacies 
        of Mormon colonization and settlement are nationally 
        significant;
            (2) in the area starting along the Highway 89 corridor at 
        the Arizona border, passing through Kane, Garfield, Piute, 
        Sevier, Wayne, and Sanpete Counties in the State of Utah, and 
        terminating in Fairview, Utah, there are a variety of heritage 
        resources that demonstrate--
                    (A) the colonization of the western United States; 
                and
                    (B) the expansion of the United States as a major 
                world power;
            (3) the great relocation to the western United States was 
        facilitated by--
                    (A) the 1,400 mile trek from Illinois to the Great 
                Salt Lake by the Mormon pioneers; and
                    (B) the subsequent colonization effort in Nevada, 
                Utah, the southeast corner of Idaho, the southwest 
                corner of Wyoming, large areas of southeastern Oregon, 
                much of southern California, and areas along the 
                eastern border of California;
            (4) the 250-mile Highway 89 corridor from Kanab to 
        Fairview, Utah, contains some of the best features of the 
        Mormon colonization experience in the United States;
            (5) the landscape, architecture, traditions, beliefs, folk 
        life, products, and events along Highway 89 convey the heritage 
        of the pioneer settlement;
            (6) the Boulder Loop, Capitol Reef National Park, Zion 
        National Park, Bryce Canyon National Park, and the Highway 89 
        area convey the compelling story of how early settlers--
                    (A) interacted with Native Americans; and
                    (B) established towns and cities in a harsh, yet 
                spectacular, natural environment;
            (7) the colonization and settlement of the Mormon settlers 
        opened up vast amounts of natural resources, including coal, 
        uranium, silver, gold, and copper;
            (8) the Mormon colonization played a significant role in 
        the history and progress of the development and settlement of 
        the western United States; and
            (9) the artisans, crafters, innkeepers, outfitters, 
        historic landscape, customs, national parks, and architecture 
        in the Heritage Area make the Heritage Area unique.
    (b) Purpose.--The purpose of this Act is to establish the Heritage 
Area to--
            (1) foster a close working relationship with all levels of 
        government, the private sector, residents, business interests, 
        and local communities in the State;
            (2) empower communities in the State to conserve, preserve, 
        and enhance the heritage of the communities while strengthening 
        future economic opportunities;
            (3) conserve, interpret, and develop the historical, 
        cultural, natural, and recreational resources within the 
        Heritage Area; and
            (4) expand, foster, and develop heritage businesses and 
        products relating to the cultural heritage of the Heritage 
        Area.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Alliance.--The term ``Alliance'' means the Utah 
        Heritage Highway 89 Alliance.
            (2) Board.--The term ``Board'' means the Board of Directors 
        of the Alliance.
            (3) Heritage area.--The term ``Heritage Area'' means the 
        <DELETED>National Mormon Pioneer</DELETED> Mormon Pioneer 
        National Heritage Area established by section 4(a).
            (4) Management plan.--The term ``management plan'' means 
        the plan developed by the Board under section 6(a).
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (6) State.--The term ``State'' means the State of Utah.

SEC. 4. <DELETED>NATIONAL MORMON PIONEER</DELETED> MORMON PIONEER 
              NATIONAL HERITAGE AREA.

    (a) Establishment.--There is established the <DELETED>National 
Mormon Pioneer</DELETED> Mormon Pioneer National Heritage Area.
    (b) Boundaries.--
            (1) In general.--The boundaries of the Heritage Area shall 
        include areas in the State <DELETED>that are</DELETED>--
                    (A) that are related to the corridors--
                            (i) from the Arizona border northward 
                        through Kanab, Utah, and to the intersection of 
                        Highway 89 and Highway 12, including Highway 12 
                        and Highway 24 as those highways loop off 
                        Highway 89 and rejoin Highway 89 at Sigurd;
                            (ii) from Highway 89 at the intersection of 
                        Highway 12 through Panguitch, Junction, 
                        Marysvale, and Sevier County to Sigurd;
                            (iii) continuing northward along Highway 89 
                        through Axtell and Sterling, Sanpete County, to 
                        Fairview, Sanpete County, at the junction with 
                        Utah Highway 31; and
                            (iv) continuing northward along Highway 89 
                        through Fairview and Thistle Junction, to the 
                        junction with Highway 6; and
                    (B) <DELETED>located in</DELETED> including the 
                following communities: Kanab, Mt. Carmel, Orderville, 
                Glendale, Alton, Cannonville, Tropic, Henrieville, 
                Escalante, Boulder, Teasdale, Fruita, Hanksville, 
                Torrey, Bicknell, Loa, Hatch, Panquitch, Circleville, 
                Antimony, Junction, Marysvale, Koosharem, Sevier, 
                Joseph, Monroe, Elsinore, Richfield, Glenwood, Sigurd, 
                Aurora, Salina, Mayfield, Sterling, Gunnison, Fayette, 
                Manti, Ephraim, Spring City, Mt. Pleasant, Moroni, 
                Fountain Green, and Fairview.
            (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.
            (3) Notice to local governments.--The Alliance shall 
        provide to the government of each city, town, and county that 
        has jurisdiction over property proposed to be included in the 
        Heritage Area written notice of the proposed inclusion.
    (c) Administration.--The Heritage Area shall be administered in 
accordance with this Act.

SEC. 5. DESIGNATION OF ALLIANCE AS MANAGEMENT ENTITY.

    (a) In General.--The Alliance shall be the management entity for 
the Heritage Area.
    (b) Federal Funding.--
            (1) Authorization to receive funds.--The Alliance may 
        receive amounts made available to carry out this Act.
            (2) Disqualification.--If a management plan is not 
        submitted to the Secretary as required under section 6 within 
        the time period specified in that section, the Alliance may not 
        receive Federal funding under this Act until a management plan 
        is submitted to the Secretary.
    (c) Use of Federal Funds.--The Alliance may, for the purposes of 
developing and implementing the management plan, use Federal funds made 
available under this Act--
            (1) to make grants and loans to the State, political 
        subdivisions of the State, nonprofit organizations, and other 
        persons;
            (2) to enter into cooperative agreements with or provide 
        technical assistance to the State, political subdivisions of 
        the State, nonprofit organizations, and other organizations;
            (3) to hire and compensate staff;
            (4) to obtain funds from any source under any program or 
        law requiring the recipient of funds to make a contribution in 
        order to receive the funds; and
            (5) to contract for goods and services.
    (d) Prohibition of Acquisition of Real Property.--The Alliance may 
not use Federal funds received under this Act to acquire real property 
or any interest in real property.

SEC. 6. MANAGEMENT OF THE HERITAGE AREA.

    (a) Heritage Area Management Plan.--
            (1) Development and submission for review.--Not later than 
        3 years after the date of enactment of this Act, the Board, 
        with public participation, shall develop and submit for review 
        to the Secretary a management plan for the Heritage Area.
            (2) Contents.--The management plan shall--
                    (A) present comprehensive recommendations for the 
                conservation, funding, management, and development of 
                the Heritage Area;
                    (B) take into consideration Federal, State, county, 
                and local plans in effect on the date of enactment of 
                this Act;
                    (C) involve residents, public agencies, and private 
                organizations in the Heritage Area;
                    (D) include a description of actions that units of 
                government and private organizations are recommended to 
                take to protect the resources of the Heritage Area;
                    (E) specify existing and potential sources of 
                Federal and non-Federal funding for the conservation, 
                management, and development of the Heritage Area; and
                    (F) include--
                            (i) an inventory of resources in the 
                        Heritage Area that--
                                    (I) includes a list of property in 
                                the Heritage Area that should be 
                                conserved, restored, managed, 
                                developed, or maintained because of the 
                                historical, cultural, or natural 
                                significance of the property as the 
                                property relates to the themes of the 
                                Heritage Area; and
                                    (II) does not include any property 
                                that is privately owned unless the 
                                owner of the property consents in 
                                writing to the inclusion;
                            (ii) a recommendation of policies for 
                        resource management that consider the 
                        application of appropriate land and water 
                        management techniques, including policies for 
                        the development of intergovernmental 
                        cooperative agreements to manage the 
                        historical, cultural, and natural resources and 
                        recreational opportunities of the Heritage Area 
                        in a manner that is consistent with the support 
                        of appropriate and compatible economic 
                        viability;
                            (iii) a program for implementation of the 
                        management plan, including plans for 
                        restoration and construction;
                            (iv) a description of any commitments that 
                        have been made by persons interested in 
                        management of the Heritage Area;
                            (v) an analysis of means by which Federal, 
                        State, and local programs may best be 
                        coordinated to promote the purposes of this 
                        Act; and
                            (vi) an interpretive plan for the Heritage 
                        Area.
            (3) Approval or disapproval of the management plan.--
                    (A) In general.--Not later than 180 days after 
                submission of the management plan by the Board, the 
                Secretary shall approve or disapprove the management 
                plan.
                    (B) Disapproval and revisions.--
                            (i) In general.--If the Secretary 
                        disapproves the management plan, the Secretary 
                        shall--
                                    (I) advise the Board, in writing, 
                                of the reasons for the disapproval; and
                                    (II) make recommendations for 
                                revision of the management plan.
                            (ii) Approval or disapproval.--The 
                        Secretary shall approve or disapprove proposed 
                        revisions to the management plan not later than 
                        60 days after receipt of the revisions from the 
                        Board.
    (b) Priorities.--The Alliance shall give priority to the 
implementation of actions, goals, and policies set forth in the 
management plan, including--
            (1) assisting units of government, regional planning 
        organizations, and nonprofit organizations in--
                    (A) conserving the historical, cultural, and 
                natural resources of the Heritage Area;
                    (B) establishing and maintaining interpretive 
                exhibits in the Heritage Area;
                    (C) developing recreational opportunities in the 
                Heritage Area;
                    (D) increasing public awareness of and appreciation 
                for the historical, cultural, and natural resources of 
                the Heritage Area;
                    (E) restoring historic buildings that are--
                            (i) located within the boundaries of the 
                        Heritage Area; and
                            (ii) related to the theme of the Heritage 
                        Area; and
                    (F) ensuring that clear, consistent, and 
                environmentally appropriate signs identifying access 
                points and sites of interest are put in place 
                throughout the Heritage Area; and
            (2) consistent with the goals of the management plan, 
        encouraging economic viability in the affected communities by 
        appropriate means, including encouraging and soliciting the 
        development of heritage products.
    (c) Consideration of Interests of Local Groups.--In developing and 
implementing the management plan, the Board shall consider the 
interests of diverse units of government, businesses, private property 
owners, and nonprofit organizations in the Heritage Area.
    (d) Public Meetings.--The Board shall conduct public meetings at 
least annually regarding the implementation of the management plan.
    (e) Annual Reports.--For any fiscal year in which the Alliance 
receives Federal funds under this Act or in which a loan made by the 
Alliance with Federal funds under section 5(c)(1) is outstanding, the 
Alliance shall submit to the Secretary an annual report that 
describes--
            (1) the accomplishments of the Alliance;
            (2) the expenses and income of the Alliance; and
            (3) the entities to which the Alliance made any loans or 
        grants during the year for which the report is made.
    (f) Cooperation With Audits.--For any fiscal year in which the 
Alliance receives Federal funds under this Act or in which a loan made 
by the Alliance with Federal funds under section 5(c)(1) is 
outstanding, the Alliance shall--
            (1) make available for audit by Congress, the Secretary, 
        and appropriate units of government all records and other 
        information relating to the expenditure of the Federal funds 
        and any matching funds; and
            (2) require, with respect to all agreements authorizing 
        expenditure of the Federal funds by other organizations, that 
        the receiving organizations make available for audit all 
        records and other information relating to the expenditure of 
        the Federal funds.
    (g) Delegation.--
            (1) In general.--The Alliance may delegate the 
        responsibilities and actions under this section for each area 
        identified in section 4(b)(1).
            (2) Review.--All delegated responsibilities and actions are 
        subject to review and approval by the Alliance.

SEC. 7. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES.

    (a) Technical Assistance and Grants.--
            (1) In general.--The Secretary may provide technical 
        assistance and, subject to the availability of appropriations, 
        grants to--
                    (A) units of government, nonprofit organizations, 
                and other persons, at the request of the Alliance; and
                    (B) the Alliance, for use in developing and 
                implementing the management plan.
            (2) 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 the 
        technical assistance or a grant to enact or modify any land use 
        restriction.
            (3) Determinations regarding assistance.--The Secretary 
        shall determine whether a unit of government, nonprofit 
        organization, or other person shall be awarded technical 
        assistance or grants and the amount of technical assistance--
                    (A) based on the extent to which the assistance--
                            (i) fulfills the objectives of the 
                        management plan; and
                            (ii) achieves the purposes of this Act; and
                    (B) after giving special consideration to projects 
                that provide a greater leverage of Federal funds.
    (b) Provision of Information.--In cooperation with other Federal 
agencies, the Secretary shall provide the public with information 
concerning the location and character of the Heritage Area.
    (c) Other Assistance.--The Secretary may enter into cooperative 
agreements with public and private organizations for the purposes of 
implementing this section.
    (d) Duties of Other Federal Agencies.--A Federal entity conducting 
any activity directly affecting the Heritage Area shall--
            (1) consider the potential effect of the activity on the 
        management plan; and
            (2) consult with the Alliance with respect to the activity 
        to minimize the adverse effects of the activity on the Heritage 
        Area.

SEC. 8. NO EFFECT ON LAND USE AUTHORITY AND PRIVATE PROPERTY.

    (a) No Effect on Land Use Authority.--Nothing in this Act modifies, 
enlarges, or diminishes any authority of Federal, State, or local 
government to regulate any use of land under any other law (including 
regulations).
    (b) No Zoning or Land Use Powers.--Nothing in this Act grants 
powers of zoning or land use control to the Alliance.
    (c) Local Authority and Private Property Not Affected.--Nothing in 
this Act affects or authorizes the Alliance to interfere with--
            (1) the right of any person with respect to private 
        property; or
            (2) any local zoning ordinance or land use plan of the 
        State or a political subdivision of the State.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated to carry 
out this Act $10,000,000, of which not more than $1,000,000 may be made 
available for any fiscal year.
    (b) Federal Share.--The Federal share of the cost of any activity 
carried out using funds made available under this Act shall not exceed 
50 percent.

SEC. 10. TERMINATION OF AUTHORITY.

    The authority of the Secretary to provide assistance under this Act 
terminates on the date that is 15 years after the date of enactment of 
this Act.
            Amend the title so as to read: ``A bill to establish the 
        Mormon Pioneer National Heritage Area in the State of Utah, and 
        for other purposes.''.
                                                         Calendar No. 9

109th CONGRESS

  1st Session

                                 S. 163

                           [Report No. 109-2]

_______________________________________________________________________

                                 A BILL

To establish the National Mormon Pioneer Heritage Area in the State of 
                     Utah, and for other purposes.

_______________________________________________________________________

                           February 16, 2005

         Reported with amendments and an amendment to the title