1.This Act may be cited as the
Great Basin National Heritage Route
Act
.
2.
(a)Congress
finds that—
(1)the natural,
cultural, and historic heritage of the North American Great Basin is nationally
significant;
(2)communities along
the Great Basin Heritage Route (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 associated
with the Great Basin Heritage Route include the social history and living
cultural traditions of a rich diversity of nationalities;
(4)the pioneer,
Mormon, and other religious settlements, and 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 along the Heritage Route;
(6)the pioneer
heritage of the Heritage Route 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 Route 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
Route 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 Route is among the best in the United States, and the
clear air permits outstanding viewing of the night skies;
(10)the Heritage
Route 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
Route 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 Route 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 Route Partnership shall serve as the management entity for a Heritage
Route established in the Great Basin.
(b)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.
3.In this Act:
(1)The term Great Basin means the North American
Great Basin.
(2)The term Heritage Route means the Great Basin
National Heritage Route established by section 4(a).
(3)The term management entity means the Great
Basin Heritage Route Partnership established by section 4(c).
(4)The term management plan means the plan
developed by the management entity under section 6(a).
(5)The
term Secretary means the Secretary of the Interior, acting through
the Director of the National Park Service.
4.Great Basin
National Heritage Route
(a)There
is established the Great Basin National Heritage Route to provide the public
with access to certain historical, cultural, natural, scenic, and recreational
resources in White Pine County, Nevada, Millard County, Utah, and the Duckwater
Shoshone Reservation in the State of Nevada, as designated by the management
entity.
(b)The
management entity shall determine the specific boundaries of the Heritage
Route.
(c)
(1)The Great Basin Heritage Route Partnership shall serve as
the management entity for the Heritage Route.
(2)The Great Basin Heritage Route 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
Route.
5.Memorandum of
understanding
(a)In carrying out this Act, the Secretary, in consultation
with the Governors of the States of Nevada and Utah and the tribal government
of each Indian tribe participating in the Heritage Route, shall enter into a
memorandum of understanding with the management entity.
(b)The
memorandum of understanding shall include information relating to the
objectives and management of the Heritage Route, including—
(1)a description of
the resources of the Heritage Route;
(2)a discussion of
the goals and objectives of the Heritage Route, 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
Route.
(c)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)
(1)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)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.
6.
(a)Not later than 3 years after the date of enactment of
this Act, the management entity shall develop and submit to the Secretary for
approval a management plan for the Heritage Route that—
(1)specifies—
(A)any resources
designated by the management entity under section 4(a); and
(B)the specific
boundaries of the Heritage Route, as determined under section 4(b); and
(2)presents clear
and comprehensive recommendations for the conservation, funding, management,
and development of the Heritage Route.
(b)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 Route, 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;
(3)include—
(A)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
(B)an interpretation
plan for the Heritage Route; 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)If the management entity fails to submit a management plan
to the Secretary in accordance with subsection (a), the Heritage Route shall no
longer qualify for Federal funding.
(d)Approval and
disapproval of management plan
(1)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)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 associated with the Heritage Route;
(B)is consistent
with and complements continued economic activity along the Heritage
Route;
(C)has a high
potential for effective partnership mechanisms;
(D)avoids infringing
on private property rights; and
(E)provides methods
to take appropriate action to ensure that private property rights are
observed.
(3)Action
following disapprovalIf the Secretary disapproves a management
plan under paragraph (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)On
approval of the management plan as provided in subsection (d)(1), the
management entity, in conjunction with the Secretary, shall take appropriate
steps to implement the management plan.
(f)
(1)The Secretary shall review each amendment to the
management plan that the Secretary determines may make a substantial change to
the management plan.
(2)Funds made available under this Act shall not be expended
to implement an amendment described in paragraph (1) until the Secretary
approves the amendment.
7.Authority and
duties of management entity
(a)The
management entity may, for purposes of preparing and implementing the
management plan, use funds made available under this Act to—
(1)make grants to,
and enter into cooperative agreements with, a State (including a political
subdivision), an Indian tribe, a private organization, or any person;
and
(2)hire and
compensate staff.
(b)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 along the Heritage Route;
(ii)developing
recreational resources along the Heritage Route;
(iii)increasing
public awareness of and appreciation for the archaeological, historical,
cultural, natural, scenic, and recreational resources and sites along the
Heritage Route; 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
Route;
(B)encourage
economic viability and diversity along the Heritage Route 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 along the Heritage
Route;
(2)consider the
interests of diverse governmental, business, and nonprofit groups associated
with the Heritage Route;
(3)conduct public
meetings in the region of the Heritage Route 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 propertyThe 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 useThe management entity shall not
regulate land use within the Heritage Route.
8.Duties and
authorities of Federal agencies
(a)Technical and
financial assistance
(1)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)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 Route; and
(B)providing
education, interpretive, and recreational opportunities, and other uses
consistent with those resources.
(b)Application of
Federal lawThe establishment of the Heritage Route shall have no
effect on the application of any Federal law to any property within the
Heritage Route.
9.Land use
regulation; applicability of Federal law
(a)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 lawNothing in this Act—
(1)imposes on the
Heritage Route, as a result of the designation of the Heritage Route, any
regulation that is not applicable to the area within the Heritage Route as of
the date of enactment of this Act; or
(2)authorizes any
agency to promulgate a regulation that applies to the Heritage Route solely as
a result of the designation of the Heritage Route under this Act.
10.Authorization
of appropriations
(a)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)
(1)The Federal share of the cost of any activity assisted
under this Act shall not exceed 50 percent.
(2)Form of
non-federal shareThe non-Federal share may be in the form of
in-kind contributions, donations, grants, and loans from individuals and State
or local governments or agencies.
11.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.
February 16, 2005
Reported without amendment