[Congressional Record Volume 146, Number 134 (Tuesday, October 24, 2000)]
[House]
[Pages H10574-H10577]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
{time} 1315
CALIFORNIA TRAIL INTERPRETIVE ACT
Mr. HANSEN. Mr. Speaker, I move to suspend the rules and pass the
Senate bill (S. 2749) to establish the California Trail Interpretive
Center in Elko, Nevada, to facilitate the interpretation of the history
of development and use of trails in the settling of the western portion
of the United States, as amended.
The Clerk read as follows:
S. 2749
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
TITLE I--CALIFORNIA TRAIL INTERPRETIVE CENTER
SEC. 101. SHORT TITLE.
This title may be cited as the ``California Trail
Interpretive Act''.
SEC. 102. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) the nineteenth-century westward movement in the United
States over the California National Historic Trail, which
occurred from 1840 until the completion of the
transcontinental railroad in 1869, was an important cultural
and historical event in--
(A) the development of the western land of the United
States; and
(B) the prevention of colonization of the west coast by
Russia and the British Empire;
(2) the movement over the California Trail was completed by
over 300,000 settlers, many of whom left records or stories
of their journeys; and
(3) additional recognition and interpretation of the
movement over the California Trail is appropriate in light
of--
(A) the national scope of nineteenth-century westward
movement in the United States; and
(B) the strong interest expressed by people of the United
States in understanding their history and heritage.
(b) Purposes.--The purposes of this title are--
[[Page H10575]]
(1) to recognize the California Trail, including the
Hastings Cutoff and the trail of the ill-fated Donner-Reed
Party, for its national, historical, and cultural
significance; and
(2) to provide the public with an interpretive facility
devoted to the vital role of trails in the West in the
development of the United States.
SEC. 103. DEFINITIONS.
In this title:
(1) California trail.--The term ``California Trail'' means
the California National Historic Trail, established under
section 5(a)(18) of the National Trails System Act (16 U.S.C.
1244(a)(18)).
(2) Center.--The term ``Center'' means the California Trail
Interpretive Center established under section 104(a).
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the Bureau of
Land Management.
(4) State.--The term ``State'' means the State of Nevada.
SEC. 104. CALIFORNIA TRAIL INTERPRETIVE CENTER.
(a) Establishment.--
(1) In general.--In furtherance of the purposes of section
7(c) of the National Trails System Act (16 U.S.C. 1246(c)),
the Secretary may establish an interpretation center to be
known as the ``California Trail Interpretive Center'', near
the city of Elko, Nevada.
(2) Purpose.--The Center shall be established for the
purpose of interpreting the history of development and use of
the California Trail in the settling of the West.
(b) Master Plan Study.--To carry out subsection (a), the
Secretary shall--
(1) consider the findings of the master plan study for the
California Trail Interpretive Center in Elko, Nevada, as
authorized by page 15 of Senate Report 106-99; and
(2) initiate a plan for the development of the Center that
includes--
(A) a detailed description of the design of the Center;
(B) a description of the site on which the Center is to be
located;
(C) a description of the method and estimated cost of
acquisition of the site on which the Center is to be located;
(D) the estimated cost of construction of the Center;
(E) the cost of operation and maintenance of the Center;
and
(F) a description of the manner and extent to which non-
Federal entities shall participate in the acquisition and
construction of the Center.
(c) Implementation.--To carry out subsection (a), the
Secretary may--
(1) acquire land and interests in land for the construction
of the Center by--
(A) donation;
(B) purchase with donated or appropriated funds; or
(C) exchange;
(2) provide for local review of and input concerning the
development and operation of the Center by the Advisory Board
for the National Historic California Emigrant Trails
Interpretive Center of the city of Elko, Nevada;
(3) periodically prepare a budget and funding request that
allows a Federal agency to carry out the maintenance and
operation of the Center;
(4) enter into a cooperative agreement with--
(A) the State, to provide assistance in--
(i) removal of snow from roads;
(ii) rescue, firefighting, and law enforcement services;
and
(iii) coordination of activities of nearby law enforcement
and firefighting departments or agencies; and
(B) a Federal, State, or local agency to develop or operate
facilities and services to carry out this title; and
(5) notwithstanding any other provision of law, accept
donations of funds, property, or services from an individual,
foundation, corporation, or public entity to provide a
service or facility that is consistent with this title, as
determined by the Secretary, including 1-time contributions
for the Center (to be payable during construction funding
periods for the Center after the date of enactment of this
Act) from--
(A) the State, in the amount of $3,000,000;
(B) Elko County, Nevada, in the amount of $1,000,000; and
(C) the city of Elko, Nevada, in the amount of $2,000,000.
SEC. 105. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this
title $12,000,000.
TITLE II--CONVEYANCE OF NATIONAL FOREST SYSTEM LANDS FOR EDUCATIONAL
PURPOSES
SEC. 201. SHORT TITLE.
This title may be cited as the ``Education Land Grant
Act''.
SEC. 202. CONVEYANCE OF NATIONAL FOREST SYSTEM LANDS FOR
EDUCATIONAL PURPOSES.
(a) Authority To Convey.--Upon written application, the
Secretary of Agriculture may convey National Forest System
lands to a public school district for use for educational
purposes if the Secretary determines that--
(1) the public school district seeking the conveyance will
use the conveyed land for a public or publicly funded
elementary or secondary school, to provide grounds or
facilities related to such a school, or for both purposes;
(2) the conveyance will serve the public interest;
(3) the land to be conveyed is not otherwise needed for the
purposes of the National Forest System;
(4) the total acreage to be conveyed does not exceed the
amount reasonably necessary for the proposed use;
(5) the land is to be used for an established or proposed
project that is described in detail in the application to the
Secretary, and the conveyance would serve public objectives
(either locally or at large) that outweigh the objectives and
values which would be served by maintaining such land in
Federal ownership;
(6) the applicant is financially and otherwise capable of
implementing the proposed project;
(7) the land to be conveyed has been identified for
disposal in an applicable land and resource management plan
under the Forest and Rangeland Renewable Resources Planning
Act of 1974 (16 U.S.C. 1600 et seq.); and
(8) an opportunity for public participation in a disposal
under this section has been provided, including at least one
public hearing or meeting, to provide for public comments.
(b) Acreage Limitation.--A conveyance under this section
may not exceed 80 acres. However, this limitation shall not
be construed to preclude an entity from submitting a
subsequent application under this section for an additional
land conveyance if the entity can demonstrate to the
Secretary a need for additional land.
(c) Costs and Mineral Rights.--(1) A conveyance under this
section shall be for a nominal cost. The conveyance may not
include the transfer of mineral or water rights.
(2) If necessary, the exact acreage and legal description
of the real property conveyed under this title shall be
determined by a survey satisfactory to the Secretary and the
applicant. The cost of the survey shall be borne by the
applicant.
(d) Review of Applications.--When the Secretary receives an
application under this section, the Secretary shall--
(1) before the end of the 14-day period beginning on the
date of the receipt of the application, provide notice of
that receipt to the applicant; and
(2) before the end of the 120-day period beginning on that
date--
(A) make a final determination whether or not to convey
land pursuant to the application, and notify the applicant of
that determination; or
(B) submit written notice to the applicant containing the
reasons why a final determination has not been made.
(e) Reversionary Interest.--If, at any time after lands are
conveyed pursuant to this section, the entity to whom the
lands were conveyed attempts to transfer title to or control
over the lands to another or the lands are devoted to a use
other than the use for which the lands were conveyed, title
to the lands shall revert to the United States.
TITLE III--GOLDEN SPIKE/CROSSROADS OF THE WEST NATIONAL HERITAGE AREA
STUDY AREA AND THE CROSSROADS OF THE WEST HISTORIC DISTRICT
SEC. 301. AUTHORIZATION OF STUDY.
(a) Definitions.--For the purposes of this section:
(1) Golden Spike Rail Study.--The term ``Golden Spike Rail
Study'' means the Golden Spike Rail Feasibility Study,
Reconnaissance Survey, Ogden, Utah to Golden Spike National
Historic Site'', National Park Service, 1993.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) Study Area.--The term ``Study Area'' means the Golden
Spike/Crossroads of the West National Heritage Area Study
Area, the boundaries of which are described in subsection
(d).
(b) In General.--The Secretary shall conduct a study of the
Study Area which includes analysis and documentation
necessary to determine whether the Study Area--
(1) has an assemblage of natural, historic, and cultural
resources that together represent distinctive aspects of
American heritage worthy of recognition, conservation,
interpretation, and continuing use, and are best managed
through partnerships among public and private entities;
(2) reflects traditions, customs, beliefs, and folk-life
that are a valuable part of the national story;
(3) provides outstanding opportunities to conserve natural,
historic, cultural, or scenic features;
(4) provides outstanding recreational and educational
opportunities;
(5) contains resources important to the identified theme or
themes of the Study Area that retain a degree of integrity
capable of supporting interpretation;
(6) includes residents, business interests, nonprofit
organizations, and local and State governments who have
demonstrated support for the concept of a National Heritage
Area; and
(7) has a potential management entity to work in
partnership with residents, business interests, nonprofit
organizations, and local and State governments to develop a
National Heritage Area consistent with continued local and
State economic activity.
(c) Consultation.--In conducting the study, the Secretary
shall--
(1) consult with the State Historic Preservation Officer,
State Historical Society, and other appropriate
organizations; and
(2) use previously completed materials, including the
Golden Spike Rail Study.
[[Page H10576]]
(d) Boundaries of Study Area.--The Study Area shall be
comprised of sites relating to completion of the first
transcontinental railroad in the State of Utah, concentrating
on those areas identified on the map included in the Golden
Spike Rail Study.
(e) Report.--Not later than 3 fiscal years after funds are
first made available to carry out this section, the Secretary
shall submit to the Committee on Resources of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate a report on the findings and
conclusions of the study and recommendations based upon those
findings and conclusions.
(f) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary such sums as may be
necessary to carry out the provisions of this section.
SEC. 302. CROSSROADS OF THE WEST HISTORIC DISTRICT.
(a) Purposes.--The purposes of this section are--
(1) to preserve and interpret, for the educational and
inspirational benefit of the public, the contribution to our
national heritage of certain historic and cultural lands and
edifices of the Crossroads of the West Historic District; and
(2) to enhance cultural and compatible economic
redevelopment within the District.
(b) Definitions.--For the purposes of this section:
(1) District.--The term ``District'' means the Crossroads
of the West Historic District established by subsection (c).
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) Historic infrastructure.--The term ``historic
infrastructure'' means the District's historic buildings and
any other structure that the Secretary determines to be
eligible for listing on the National Register of Historic
Places.
(c) Crossroads of the West Historic District.--
(1) Establishment.--There is established the Crossroads of
the West Historic District in the city of Ogden, Utah.
(2) Boundaries.--The boundaries of the District shall be
the boundaries depicted on the map entitled ``Crossroads of
the West Historic District'', numbered OGGO-20,000, and dated
March 22, 2000. The map shall be on file and available for
public inspection in the appropriate offices of the
Department of the Interior.
(d) Development Plan.--The Secretary may make grants and
enter into cooperative agreements with the State of Utah,
local governments, and nonprofit entities under which the
Secretary agrees to pay not more than 50 percent of the costs
of--
(1) preparation of a plan for the development of historic,
architectural, natural, cultural, and interpretive resources
within the District;
(2) implementation of projects approved by the Secretary
under the development plan described in paragraph (1); and
(3) an analysis assessing measures that could be taken to
encourage economic development and revitalization within the
District in a manner consistent with the District's historic
character.
(e) Restoration, Preservation, and Interpretation of
Properties.--
(1) Cooperative agreements.--The Secretary may enter into
cooperative agreements with the State of Utah, local
governments, and nonprofit entities owning property within
the District under which the Secretary may--
(A) pay not more than 50 percent of the cost of restoring,
repairing, rehabilitating, and improving historic
infrastructure within the District;
(B) provide technical assistance with respect to the
preservation and interpretation of properties within the
District; and
(C) mark and provide interpretation of properties within
the District.
(2) Non-federal contributions.--When determining the cost
of restoring, repairing, rehabilitating, and improving
historic infrastructure within the District for the purposes
of paragraph (1)(A), the Secretary may consider any donation
of property, services, or goods from a non-Federal source as
a contribution of funds from a non-Federal source.
(3) Provisions.--A cooperative agreement under paragraph
(1) shall provide that--
(A) the Secretary shall have the right of access at
reasonable times to public portions of the property for
interpretive and other purposes;
(B) no change or alteration may be made in the property
except with the agreement of the property owner, the
Secretary, and any Federal agency that may have regulatory
jurisdiction over the property; and
(C) any construction grant made under this section shall be
subject to an agreement that provides--
(I) that conversion, use, or disposal of the project so
assisted for purposes contrary to the purposes of this
section shall result in a right of the United States to
compensation from the beneficiary of the grant; and
(II) for a schedule for such compensation based on the
level of Federal investment and the anticipated useful life
of the project.
(4) Applications.--
(A) In general.--A property owner that desires to enter
into a cooperative agreement under paragraph (1) shall submit
to the Secretary an application describing how the project
proposed to be funded will further the purposes of the
management plan developed for the District.
(B) Consideration.--In making such funds available under
this subsection, the Secretary shall give consideration to
projects that provide a greater leverage of Federal funds.
(f) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary to carry out this section
not more than $1,000,000 for any fiscal year and not more
than $5,000,000 total.
Amend the title so as to read: ``A bill to establish the
California Trail Interpretive Center in Elko, Nevada, to
facilitate the interpretation of the history of development
and use of trails in the settling of the western portion of
the United States, and for other purposes.''.
The SPEAKER pro tempore (Mr. Pease). Pursuant to the rule, the
gentleman from Utah (Mr. Hansen) and the gentlewoman from the Virgin
Islands (Mrs. Christensen) each will control 20 minutes.
The Chair recognizes the gentleman from Utah (Mr. Hansen).
Mr. HANSEN. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, S. 2749 would provide for the establishment of an
interpretive center in Elko, Nevada. The center would be dedicated to
interpreting the history of the development and use of the California
Trail in the settling of the West.
This bill also contains a provision that would help small Western
communities that lack a suitable land base to afford school facilities
because they are hemmed in by nontaxable government lands. This bill
would enable these communities, under certain conditions, to purchase
parcels of land for school facilities from the Forest Service at a
nominal cost. This will allow many of the cash-strapped communities to
build more adequate education facilities for their children.
Another provision in this bill authorizes a study assessing the
feasibility of establishing the Golden Spike/Crossroads of the West
National Heritage Area. It would also establish a Historic District in
Ogden, Utah, to preserve and interpret historic features relating to
the convergence of the Intercontinental Railway. Preserving the
heritage of our Nation's railroads and their influential role in our
history is very important for the American people.
Mr. Speaker, I strongly urge my colleagues to support S. 2749, with
an amendment.
Mr. Speaker, I reserve the balance of my time.
Mrs. CHRISTENSEN. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, S. 2749 is a Senate-passed measure, introduced by
Senator Harry Reid, that authorizes the Secretary of the Interior,
acting through the Director of the Bureau of Land Management, to plan,
construct, and operate a visitor center along the California National
Historic Trail near the city of Elko, Nevada.
The administration supports S. 2749. In addition, there is
significant local interest and support for the interpretive center as
well. It is our understanding that non-Federal funds totaling $6
million have already been committed to the project.
Mr. Speaker, the majority has also added two extraneous bills to S.
2749. The first is language from H.R. 150 regarding making land
available for public schools. The second is the House-passed version of
H.R. 2932 dealing with the Golden Spike/Crossroads of the West.
Mr. Speaker, we support this bill, and we urge its passage.
Mr. Speaker, I yield back the balance of my time.
Mr. HANSEN. Mr. Speaker, I am happy to yield such time as he may
consume to the gentleman from Nevada (Mr. Gibbons), who also authored
companion legislation to this legislation.
Mr. GIBBONS. Mr. Speaker, I want to thank the gentleman from Utah
(Mr. Hansen), my friend and colleague, the distinguished chairman of
the Subcommittee on Parks and Public Land; and I want to thank the
gentleman from Alaska (Mr. Young), the chairman of the full committee,
as well as the gentleman from California (Mr. George Miller), the
ranking member, for allowing this bill to come to the floor today.
The 19th century westward emigration on the California National
Historic Trail, which occurred from 1840 until the completion of the
Transcontinental Railroad in 1869, was an important cultural and
historical era in the settlement of the West. This influx of settlers
contributed to the development of lands in the western
[[Page H10577]]
United States by Americans and immigrants and to the prevention of
colonization of the West Coast by Russia and the British Empire. More
than 300,000 settlers traveled the California Trail and many documented
their amazing experiences in detailed journals. In Nevada, Elko County
alone contains over 435 miles of National Historic Trails.
Mr. Speaker, recognition and interpretation of the pioneer experience
on the Trail is appropriate in light of Americans' strong interest in
understanding our national and cultural heritage.
This act authorizes the planning, construction, and operation of a
visitor center. The cooperative parties include the State of Nevada,
the Advisory Board for the National Historic California Emigrant Trails
Interpretive Center, Elko County and the City of Elko, and the Bureau
of Land Management, just to name a few.
This interpretive center will be located near the city of Elko in the
northeastern part of Nevada. The location is the junction of the
California Trail and the Hastings Cutoff.
Mr. Speaker, the ill-fated Reed-Donner party spent an additional 31
days meandering over the so-called Hastings Cutoff route; precious time
wasted that kept them from crossing the Sierra Nevada before the deadly
winter of 1846 struck, taking most of their lives.
This act will recognize the California Trail, including the Hastings
Cutoff, for its national historical and cultural significance through
the construction of an interpretive facility devoted to the vital role
of pioneer trails in the West in the development of the United States.
I would ask the House to support this bill and pass Senate bill 2749.
Mr. HANSEN. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Utah (Mr. Hansen) that the House suspend the rules and
pass the Senate bill, S. 2749, as amended.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have.
Mrs. CHRISTENSEN. Mr. Speaker, I object to the vote on the ground
that a quorum is not present and make the point of order that a quorum
is not present.
The SPEAKER pro tempore. Pursuant to clause 8, rule XX and the
Chair's prior announcement, further proceedings on this motion will be
postponed.
The point of no quorum is considered withdrawn.
____________________