[Congressional Record Volume 146, Number 114 (Friday, September 22, 2000)]
[Senate]
[Pages S9116-S9117]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    KENAI MOUNTAINS-TURNAGAIN ARM NATIONAL HERITAGE AREA ACT OF 2000

  Mr. LOTT. Mr. President, I ask unanimous consent the Senate now 
proceed to the consideration of Calendar No. 667, S. 2511.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The assistant legislative clerk read as follows:

       A bill (S. 2511) to establish the Kenai Mountains-Turnagain 
     Arm National Heritage Area in the State of Alaska, and for 
     other purposes.

  There being no objection, the Senate proceeded to consider the 
bill, which had been reported from the Committee on Energy and Natural 
Resources, with amendments, as follows:

  (Omit the parts in black brackets and insert the parts printed in 
italic.)

                                S. 2511

       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 Heritage [Corridor] Area Act of 2000''.

     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 historical 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 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;
       (8) national heritage area designation also provides 
     communities within the region with the motivation and means 
     for ``grassroots'' regional coordination and partnerships 
     with each other and with borough, State, and Federal 
     agencies; and
       (9) [resolution and letters of support have been received 
     from] 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 Gridwood 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 area.--The term ``Heritage Area'' means the 
     Kenai Mountains-Turnagain Arm National Heritage Area 
     [establish] 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 Area Commission.] 
     the management entity established by section 5.
       (3) Management plan.--The term ``management plan'' means 
     the management plan for the Heritage Area.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

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

       (a) Establishment.--There is established the Kenai 
     Mountains-Turnagain Arm National Heritage Area.
       (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.

     SEC. 5. MANAGEMENT ENTITY.

       (a) The management entity shall consist of 7 
     representatives, appointed by [the Secretary from a list of 
     recommendations submitted by] the Governor of Alaska, from 
     the communities of Seward, Lawing, Moose Pass, Cooper 
     Landing, Hope, Gridwood, Bird-Indian and 4 at large 
     representatives, from such organizations as Native 
     Associations, the Iditarod Trail Committee, historical 
     societies, visitor associations, and private or business 
     entities. Upon appointment, the Commission shall establish 
     itself as a non-

[[Page S9117]]

     profit corporation under laws of the State of Alaska.
       (1) Terms.--Members of the management entity appointed 
     under section 5(a) shall each serve for a term of 5 years, 
     except that of the members first appointed 3 shall serve for 
     a term of 4 years and 2 shall serve for a term of 3 years; 
     however, upon the expiration of his or her term, an appointed 
     member may continue to serve until his or her successor has 
     been appointed.
       (2) Vacancies.--Any vacancy in the Commission shall be 
     filled in the same manner in which the original appointment 
     was made, and any member appointed to fill a vacancy shall 
     serve for the remainder of that term for which his or her 
     predecessor was appointed.
       [(b) Non-voting ex-officio representatives, invited by the 
     nonprofit corporation from such organizations as the State 
     Division of Parks and Outdoor Recreation, State Division 
     Mining, Land and Water, Forest Service, State Historic 
     Preservation Office, Kenai Peninsula Borough, Municipality of 
     Anchorage, Alaska Railroad, Alaska Department of 
     Transportation, and the National Park Service.]
       (b) 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.
       (c) Representation of ex-officio members in the non-profit 
     corporation shall be established under the by-laws of the 
     management entity.

     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 Area, 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 Area;
       (B) a description of agreements on actions to be carried 
     out by Government and private organizations to protect the 
     resources of the Heritage Area;
       (C) a list of specific and potential sources of funding to 
     protect, manage, and develop the Heritage Area;
       (D) an inventory of resources contained in the Heritage 
     Area; and
       (E) a description of the role and participation of other 
     Federal, State and local agencies that have jurisdiction on 
     lands within the Heritage Area.
       (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--
       (1) carrying out programs which recognize important 
     resource values in the heritage [corridor] area;
       (2) encouraging economic viability in the affected 
     communities;
       (3) establishing and maintaining interpretive exhibits in 
     the Heritage Area;
       (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 Area;
       (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 Area.
       [(c) Consideration of Interest of Local Groups.--Projects 
     incorporated in the heritage plan by the management entity 
     shall be initiated by local groups and developed with the 
     participation and support of the affected local communities. 
     Other organizations may submit projects or proposals to the 
     local groups for consideration.]
       [(d)] (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.

     SEC. 7. DUTIES OF THE SECRETARY.

       (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.
       (b) In accordance with the terms and conditions of the 
     cooperative agreement and upon the request of the management 
     entity, [subject] and subject to the availability of 
     funds, the Secretary [shall] 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 Area.
       (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] 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 OF 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 out the purposes of this Act, and 
     is made available upon the Secretary and the management 
     entity completing a cooperative agreement.
       (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.
       (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.

  Mr. LOTT. I ask unanimous consent the reported amendments be agreed 
to en bloc, with the exception of amendments numbered 4 and 5. Further, 
I ask unanimous consent the reported amendments numbered 4 and 5 be 
withdrawn.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                           Amendment No. 4182

  Mr. LOTT. Mr. President, I ask unanimous consent the Senate now 
proceed to an amendment at the desk submitted by Senator Murkowski of 
Alaska.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from Mississippi [Mr. Lott], for Mr. Murkowski, 
     proposes an amendment numbered 4182.

  The amendment is as follows:

       On page 5 of the bill as reported, strike lines 13 through 
     17 and insert in lieu thereof:
       ``(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.''.
       Beginning on page 6 of the bill as reported, strike line 15 
     through line 12 on page 7 and insert in lieu thereof the 
     following:
       ``(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:
       ``(1) A discussion of the goals and objectives of the 
     Heritage Area;
       ``(2) An explanation of the proposed approach to 
     conservation and interpretation of the Heritage Area;
       ``(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.''.

  Mr. LOTT. I ask unanimous consent the amendment be agreed to.
  The amendment (No. 4182) was agreed to.
  Mr. LOTT. Mr. President, I ask unanimous consent the bill be read a 
third time and passed, the motion to reconsider be laid upon the table, 
and any statements relating to the bill be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 2511), as amended, was read the third time and passed.
  (The bill will be printed in a future edition of the Record.)

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