[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3045 Introduced in Senate (IS)]







110th CONGRESS
  2d Session
                                S. 3045

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 21, 2008

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

_______________________________________________________________________

                                 A BILL


 
     To establish the Kenai Mountains-Turnagain Arm National Forest 
     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,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Kenai Mountains-Turnagain Arm 
National Forest Heritage Area Act''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) the Kenai Mountains-Turnagain Arm transportation 
        corridor--
                    (A) is a major gateway to Alaska;
                    (B) includes a range of transportation routes used 
                by--
                            (i) indigenous people; and
                            (ii) the pioneers that settled the last 
                        frontier of the United States;
                    (C) is located in the heart of the Chugach National 
                Forest, which was established by presidential 
                proclamation on July 23, 1907, by Theodore Roosevelt; 
                and
                    (D) includes a historically significant segment of 
                the Iditarod Trail connecting Seward and Nome, which 
                was--
                            (i) scouted by the Alaska Road Commission 
                        in 1908; and
                            (ii) designated as the Iditarod National 
                        Historic Trail in 1978;
            (2) the cultural landscape formed by indigenous people and 
        by settlement, transportation, and modern resource development 
        in the rugged and often treacherous natural setting of the 
        transportation corridor provides a powerful testimony to the 
        human fortitude, perseverance, and resourcefulness of the 
        people who--
                    (A) settled the frontier; and
                    (B) represent the proudest heritage of the United 
                States;
            (3) the natural history and scenic splendor of the 
        transportation corridor are equally outstanding;
            (4) the transportation corridor includes vistas of the 
        power of nature, such as evidence of earthquake subsidence, 
        recent avalanches, retreating glaciers, and tidal action along 
        Turnagain Arm, which has the second greatest tidal range in the 
        world;
            (5) there is a national interest in recognizing, 
        preserving, promoting, and interpreting the resources of the 
        transportation corridor;
            (6) the Kenai Mountains-Turnagain Arm region is--
                    (A) geographically and culturally cohesive; and
                    (B) defined by a corridor of historic routes, 
                trails, water, railroads, and roadways through a 
                distinct landscape of mountains, lakes, and fjords;
            (7) the region played a unique role as a portal and 
        transportation corridor through which indigenous people, 
        explorers, missionaries, gold miners, cannery workers, big game 
        hunters, homesteaders, foresters, railroad workers, military 
        personnel, and petroleum developers traveled into southcentral 
        and interior Alaska as part of the waves of travel that 
        characterized the history of the United States;
            (8) the region exhibits a high degree of integrity with 
        vast tracks of rugged, undeveloped areas and natural scenery 
        that still look much as the area did to the original 
        inhabitants, the indigenous people, and early explorers and 
        pioneers of the region;
            (9) studies that led to the designation of the Iditarod 
        National Historic Trail, the Seward Highway All American Road, 
        and the Alaska Railroad National Scenic Railroad--
                    (A) determined the national significance of 
                separate transportation routes traversing the region; 
                and
                    (B) illustrate the national significance of 
                heritage resources in the region;
            (10) designation of the transportation corridor as a 
        national heritage area--
                    (A) provides for a comprehensive interpretation of 
                human history in the wide transportation corridor 
                through the Kenai Mountains and upper Turnagain Arm, 
                including early Native trade routes, historic 
                waterways, mining trails, historic communities, and the 
                3 designated routes of national significance referred 
                to in paragraph (9);
                    (B) recognizes the national significance of the 
                Kenai Mountains-Turnagain Arm transportation corridor, 
                including--
                            (i) the historic and modern resource 
                        development of the transportation corridor; and
                            (ii) the cultural, natural, and 
                        recreational resources and landscapes of the 
                        transportation corridor; and
                    (C) would provide assistance to local communities, 
                Indian tribes, and residents of the transportation 
                corridor in--
                            (i) preserving and interpreting cultural 
                        and historic resources; and
                            (ii) fostering cooperative planning and 
                        partnerships;
            (11) an additional feasibility study for the Heritage Area 
        is not needed before designation of the Heritage Area because 
        the studies referred to in paragraph (9) provide sufficient 
        documentation of--
                    (A) the national significance of heritage resources 
                in the region; and
                    (B) the support of local communities for 
                designation of the Heritage Area; and
            (12) the Kenai Mountains-Turnagain Arm National Forest 
        Heritage Corridor Communities Association--
                    (A) has been formed as a nonprofit corporation to 
                act as the Local Coordinating Entity for the Heritage 
                Area; and
                    (B) is governed by bylaws that define the purposes 
                of the Association as the purposes established by 
                Congress for the Kenai Mountains-Turnagain Arm National 
                Forest Heritage Area.
    (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
            (2) to promote and facilitate the public enjoyment of the 
        resources.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Heritage area.--The term ``Heritage Area'' means the 
        Kenai Mountains-Turnagain Arm National Forest Heritage Area 
        established by section 4(a).
            (2) Local coordinating entity.--The term ``Local 
        Coordinating Entity'' means the local coordinating entity for 
        the Heritage Area designated by section 5(a).
            (3) Management plan.--The term ``management plan'' means 
        the management plan for the Heritage Area developed under 
        section 6.
            (4) Map.--The term ``map'' means the map entitled ``Draft 
        Proposed NHA Kenai Mountains-Turnagain Arm'' and dated August 
        7, 2007.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
            (6) State.--The term ``State'' means the State of Alaska.

SEC. 4. ESTABLISHMENT OF KENAI MOUNTAINS-TURNAGAIN ARM NATIONAL FOREST 
              HERITAGE AREA.

    (a) Establishment.--There is established in the State the Kenai 
Mountains-Turnagain Arm National Forest Heritage Area.
    (b) Boundaries.--The Heritage Area shall be comprised of the land 
in the Kenai Mountains and upper Turnagain Arm region, as generally 
depicted on the map.
    (c) Availability of Map.--The map shall be on file and available 
for public inspection in--
            (1) the appropriate offices of the Forest Service, Chugach 
        National Forest;
            (2) the Alaska Regional Office of the National Park 
        Service; and
            (3) the Alaska State Historic Preservation Officer.

SEC. 5. LOCAL COORDINATING ENTITY.

    (a) Designation.--The Kenai Mountains-Turnagain Arm National Forest 
Heritage Corridor Communities Association, a nonprofit corporation 
chartered in the State, shall be the local coordinating entity for the 
Heritage Area.
    (b) Duties.--To further the purposes of the Heritage Area, the 
Local Coordinating Entity shall--
            (1) in accordance with section 6, prepare and submit to the 
        Secretary a management plan for the Heritage Area;
            (2) for any fiscal year for which the Local Coordinating 
        Entity receives Federal funds under this Act--
                    (A) submit an annual report to the Secretary that 
                describes--
                            (i) the specific performance goals and 
                        accomplishments of the Local Coordinating 
                        Entity;
                            (ii) the expenses and income of the Local 
                        Coordinating Entity;
                            (iii) the amounts and sources of matching 
                        funds;
                            (iv) the amounts leveraged with Federal 
                        funds and the sources of the leveraging; and
                            (v) any grants made to any other entities 
                        during the fiscal year; and
                    (B) make available to the Secretary for audit any 
                information relating to the expenditure of--
                            (i) the Federal funds; and
                            (ii) any matching funds; and
            (3) encourage, consistent with the purposes of the Heritage 
        Area, the economic viability and sustainability of the Heritage 
        Area.
    (c) Authorities.--For the purposes of developing and implementing 
the management plan for the Heritage Area, and subject to section 9(c), 
the Local Coordinating Entity may use Federal funds made available 
under this Act to--
            (1) make grants to units of local government, nonprofit 
        organizations, and other parties within the Heritage Area;
            (2) enter into agreements with, or provide technical 
        assistance to, Federal agencies, units of local government, 
        nonprofit organizations, and other interested parties;
            (3) hire and compensate staff, including individuals with 
        expertise in--
                    (A) natural, historic, cultural, educational, 
                scenic, and recreational resource conservation;
                    (B) economic and community development; and
                    (C) heritage planning;
            (4) obtain funds or services from any source, including 
        other Federal laws or programs;
            (5) contract for goods or services; and
            (6) support activities of partners and any other activities 
        that--
                    (A) further the purposes of the Heritage Area; and
                    (B) are consistent with the management plan.
    (d) Public Meetings.--
            (1) In general.--Annually, the Local Coordinating Entity 
        shall conduct at least 2 meetings open to the public regarding 
        the development and implementation of the management plan.
            (2) Notice; availability of minutes.--The Local 
        Coordinating Entity shall--
                    (A) publish a notice of each public meeting in a 
                newspaper of general circulation in the Heritage Area; 
                and
                    (B) make the minutes of the meeting available to 
                the public.
    (e) Prohibition on Acquisition of Real Property.--The Local 
Coordinating Entity shall not use Federal funds authorized under this 
Act to acquire any interest in real property.

SEC. 6. MANAGEMENT PLAN.

    (a) In General.--Not later than 3 years after the date on which 
funds are first made available to develop the management plan, the 
Local Coordinating Entity shall submit to the Secretary for approval a 
management plan for the Heritage Area.
    (b) Requirements.--The management plan shall--
            (1) include--
                    (A) a list of comprehensive policies, goals, 
                strategies, and recommendations for actions and 
                projects consistent with the purposes of the Heritage 
                Area;
                    (B) a description of proposed actions and financial 
                commitments of governments (including tribal 
                governments) and private organizations that would 
                accomplish the purposes of the Heritage Area;
                    (C) a description of the role and participation of 
                the Federal Government and State, tribal, and local 
                governments that have jurisdiction over land within the 
                Heritage Area; and
                    (D) an inventory of the natural, historic, 
                cultural, educational, scenic, and recreational 
                resources of the Heritage Area that should be 
                protected, enhanced, interpreted, managed, funded, and 
                developed;
            (2) identify existing and potential sources of funding to 
        accomplish the recommended actions and projects for the 
        Heritage Area;
            (3) include a business plan that--
                    (A) describes the role, operation, financing, and 
                functions of--
                            (i) the Local Coordinating Entity; and
                            (ii) each of the major activities addressed 
                        in the management plan; and
                    (B) provides adequate assurances that the Local 
                Coordinating Entity has the partnerships and financial 
                and other resources necessary to implement the 
                management plan; and
            (4) be consistent with Federal, State, borough, and local 
        plans, including--
                    (A) the plans for the Chugach National Forest and 
                the Kenai Fjords National Park; and
                    (B) State transportation and historic management 
                plans.
    (c) Termination of Funding.--If the Local Coordinating Entity does 
not submit the management plan to the Secretary by the date that is 3 
years after the date on which funds are first made available to develop 
the management plan, the Local Coordinating Entity shall be ineligible 
to receive additional funding under this Act until the date on which 
the management plan is approved by the Secretary.
    (d) Approval and Disapproval of Management Plan.--
            (1) In general.--Not later than 180 days after the date of 
        receipt of the management plan under subsection (a), the 
        Secretary shall approve or disapprove the management plan.
            (2) Considerations.--In determining whether to approve or 
        disapprove the management plan under paragraph (1), the 
        Secretary shall consider whether--
                    (A) the Local Coordinating Entity--
                            (i) has afforded adequate opportunities for 
                        public and governmental involvement in the 
                        preparation of the management plan; and
                            (ii) provides for at least semiannual 
                        public meetings to ensure adequate 
                        implementation of the management plan;
                    (B) the resource protection, enhancement, 
                interpretation, funding, management, and development 
                strategies described in the management plan, if 
                implemented, would adequately protect, enhance, 
                interpret, fund, manage, and develop the natural, 
                historic, cultural, educational, scenic, and 
                recreational resources of the Heritage Area;
                    (C) the management plan--
                            (i) is consistent with applicable Federal, 
                        State, borough, and local plans; and
                            (ii) would not adversely affect any 
                        activities authorized on Federal land;
                    (D) the Local Coordinating Entity, in partnership 
                with other entities, has demonstrated the financial 
                capability to carry out the management plan;
                    (E) the Secretary has received adequate assurances 
                from State and local officials, the support of which is 
                needed to ensure the effective implementation of the 
                State and local elements of the management plan; and
                    (F) the management plan demonstrates sufficient 
                partnerships among the Local Coordinating Entity, the 
                Federal Government, State and local governments, 
                regional planning organizations, nonprofit 
                organizations, or private sector parties to implement 
                the management plan.
            (3) Action following disapproval.--If the Secretary 
        disapproves the management plan under paragraph (1), the 
        Secretary shall--
                    (A) advise the Local Coordinating Entity in writing 
                of the reasons for the disapproval;
                    (B) make recommendations for revisions to the 
                management plan; and
                    (C) not later than 180 days after the receipt of 
                any proposed revision of the management plan, approve 
                or disapprove the proposed revision.
    (e) Amendments.--
            (1) In general.--The Secretary shall review and approve any 
        substantial amendments to the management plan in accordance 
        with subsection (d).
            (2) Use of funds.--Funds made available under this Act 
        shall not be expended by the Local Coordinating Entity to 
        implement any changes made by an amendment described in 
        paragraph (1) until the Secretary approves the amendment.
    (f) Implementation.--In implementing the management plan, the Local 
Coordinating Entity shall give priority to--
            (1) carrying out programs that recognize important resource 
        values within the Heritage Area;
            (2) encouraging economic viability in the affected 
        communities;
            (3) establishing and maintaining interpretive exhibits 
        within the Heritage Area;
            (4) improving and interpreting heritage trails;
            (5) increasing public awareness of, and appreciation for, 
        the natural, historic, and cultural resources of the Heritage 
        Area, including the contributions of local Indian tribes;
            (6) providing opportunities for expanding the public 
        perception of the need for modern resource development of the 
        Heritage Area;
            (7) restoring historic buildings and structures that are 
        located within the Heritage Area; and
            (8) ensuring that clear, consistent, and appropriate signs 
        identifying public access points and sites of interest are 
        appropriately placed in the Heritage Area.

SEC. 7. DUTIES AND AUTHORITIES OF THE SECRETARY.

    (a) Memorandum of Understanding.--The Secretary shall enter into a 
memorandum of understanding with the Secretary of the Interior to 
establish a general framework for cooperation and consultation in the 
development and implementation of the management plan.
    (b) Authorities.--The Secretary may--
            (1) subject to the availability of funds, provide technical 
        and financial assistance for the development and implementation 
        of the management plan;
            (2) enter into cooperative agreements with interested 
        parties to carry out this Act; and
            (3) in partnership with the Local Coordinating Entity, 
        provide information on, promote understanding of, and encourage 
        research on the Heritage Area.
    (c) Information Released by the Secretary of the Interior.--The 
Secretary of the Interior shall include the Heritage Area in all 
nationwide releases, listings, or maps that provide public information 
about the system of national heritage areas.

SEC. 8. PRIVATE PROPERTY PROTECTIONS.

    (a) In General.--Nothing in this Act--
            (1) grants powers of zoning or management of land use to 
        the Local Coordinating Entity;
            (2) modifies, enlarges, or diminishes any authority of the 
        Federal Government or any State, tribal, or local government to 
        manage or regulate any use of land under applicable laws 
        (including regulations);
            (3) requires any private property owner to allow public 
        access to the private property, including access by the Federal 
        Government or tribal, State, or local governments;
            (4) modifies any provision of Federal, tribal, State, or 
        local law with respect to public access to, or use of, private 
        property;
            (5) obstructs or limits--
                    (A) business activities on private developments; or
                    (B) resource development activities;
            (6) affects the rights of private property owners;
            (7) restricts or limits an Indian tribe from protecting 
        cultural or religious sites on tribal or Native Corporation 
        land; or
            (8) requires the owner of any private property located 
        within the boundaries of the Heritage Area to participate in, 
        or be associated with, the Heritage Area.
    (b) Applicable Law.--Designation of the Heritage Area under this 
Act does not convey status to the Heritage Area as a conservation 
system unit (as defined in section 102 of the Alaska National Interest 
Lands Conservation Act (16 U.S.C. 3102)).
    (c) Liability.--Designation of the Heritage Area does not create 
any liability for, or affect any liability under any other law of, any 
private property owner with respect to a person injured on the private 
property.
    (d) Effect of Establishment.--Designation of the Heritage Area does 
not establish any regulatory authority on land use within the Heritage 
Area or the viewshed for the Federal Government or any State or local 
government.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--Subject to subsection (b), there are authorized to 
be appropriated and made available to the Local Coordinating Entity to 
carry out the development and implementation of the management plan--
            (1) $350,000 for fiscal year 2008; and
            (2) $500,000 for fiscal year 2009 and each fiscal year 
        thereafter.
    (b) Limitation.--Notwithstanding subsection (a), not more than 
$7,500,000 is authorized to be appropriated for the Heritage Area.
    (c) Cost Sharing Requirement.--To the maximum extent practicable, 
the Federal share of the total cost of any activity carried out using 
assistance under this Act shall be not more than 75 percent, including 
the contribution of in-kind services.

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.
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