[Congressional Record Volume 146, Number 115 (Monday, September 25, 2000)]
[Senate]
[Pages S9206-S9208]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    KENAI MOUNTAINS-TURNAGAIN ARM NATIONAL HERITAGE AREA ACT OF 2000

  On September 22, 2000, the Senate amended and passed S. 2511, as 
follows:

                                S. 2511

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

[[Page S9207]]

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Kenai Mountains-Turnagain 
     Arm National Heritage 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) 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 
     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.
       (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 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.
       (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.
       (d) Representation of ex officio members in the nonprofit 
     corporation shall be established under the bylaws 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 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 Area; and
       (7) ensuring that clear, consistent, and appropriate signs 
     identifying public access points and sites of interest are 
     placed throughout the Heritage Area.
       (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, 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 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 
     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

[[Page S9208]]

     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.

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