[Congressional Record Volume 151, Number 8 (Tuesday, February 1, 2005)]
[Senate]
[Pages S753-S755]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. REID (for himself, Mr. Ensign, and Mr. Bennett):
  S. 249. A bill to establish the Great Basin National Heritage Route 
in the States of Nevada and Utah; to the Committee on Energy and 
Natural Resources.
  Mr. REID. Mr. President, I rise today for myself, Senator Ensign and 
Senator Bennett to introduce this bill, which will establish a National 
Heritage Route in eastern Nevada and western Utah.
  National Heritage areas, corridors, and routes are designated regions 
in which residents and businesses, as well as local and tribal 
governments join together in partnership to conserve and celebrate 
cultural heritage and special landscapes. The Great Basin National 
Heritage Route includes historic mining camps and ghost towns, Mormon 
and other pioneer settlements, as well as Native American communities. 
The Route passes through classic Great Basin country along the trails 
of the Pony Express and the Overland Stage. Cultural resources within 
the route include highly valued Native American archaeological sites 
dating back to the Fremont Culture.
  The creation of this Heritage Route will bring much deserved 
attention to the Great Basin's natural wonders. Passing through Millard 
County, UT, and parts of the Duckwater Reservation and White Pine 
County in Nevada, the Route contains items of great biological and 
geological interest. In Nevada, it encompasses forests of bristlecone 
pine, the oldest living things on the earth. In Utah, the Route 
includes native Bonneville cutthroat trout as well as other distinctive 
species and ecological communities.
  Designation of the corridor as a Heritage Route will also ensure 
long-term protection of key educational and recreational opportunities 
without compromising traditional local use of the land. The Great Basin 
National Heritage Route will provide a framework for celebrating 
Nevada's and Utah's rich historic, archaeological, cultural, and 
natural resources for both visitors and residents.
  The bill will establish a board of directors consisting of local 
officials from both counties and tribes to manage the designated route. 
The board will develop a management plan within 3 years of the bill's 
passage, and the Secretary of the Interior will enter into a memorandum 
of understanding with the Board of Directors for the management of the 
resources of the heritage route. Our legislation authorizes up to $10 
million to carry out the Act but limits Federal funding to no more than 
50 percent of the project's cost. The bill allows the Secretary to 
provide assistance for 15 years after the bill is enacted.
  Our bill benefits not just the people of Nevada and Utah, but 
citizens of every State in our Union. It highlights an area of 
outstanding cultural and natural value and brings people together to 
celebrate common values and a common history of which we all can be 
proud.
  I was pleased that my distinguished colleagues recognized the value 
of this legislation during the 108th Congress and supported its passage 
by the Energy and Natural Resources Committee and by the Senate as a 
whole. I look forward to working with my friends to move this bill in a 
timely manner during the current session.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 249

       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 ``Great Basin National 
     Heritage Route Act''.

     SEC. 2. FINDINGS AND PURPOSES.

       (a) Findings.--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) Purposes.--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,

[[Page S754]]

     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.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Great basin.--The term ``Great Basin'' means the North 
     American Great Basin.
       (2) Heritage route.--The term ``Heritage Route'' means the 
     Great Basin National Heritage Route established by section 
     4(a).
       (3) Management entity.--The term ``management entity'' 
     means the Great Basin Heritage Route Partnership established 
     by section 4(c).
       (4) Management plan.--The term ``management plan'' means 
     the plan developed by the management entity under section 
     6(a).
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior, acting through the Director of the National 
     Park Service.

     SEC. 4. GREAT BASIN NATIONAL HERITAGE ROUTE.

       (a) Establishment.--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) Boundaries.--The management entity shall determine the 
     specific boundaries of the Heritage Route.
       (c) Management Entity.--
       (1) In general.--The Great Basin Heritage Route Partnership 
     shall serve as the management entity for the Heritage Route.
       (2) Board of directors.--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.

     SEC. 5. MEMORANDUM OF UNDERSTANDING.

       (a) In General.--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) Inclusions.--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) Additional Requirements.--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) Amendments.--
       (1) In general.--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) Use of funds.--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.

     SEC. 6. MANAGEMENT PLAN.

       (a) In General.--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) Considerations.--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) Failure to Submit.--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) In general.--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) Criteria.--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 disapproval.--If 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) Implementation.--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) Amendments.--
       (1) In general.--The Secretary shall review each amendment 
     to the management plan that the Secretary determines may make 
     a substantial change to the management plan.
       (2) Use of funds.--Funds made available under this Act 
     shall not be expended to implement an amendment described in 
     paragraph (1) until the Secretary approves the amendment.

     SEC. 7. AUTHORITY AND DUTIES OF MANAGEMENT ENTITY.

       (a) Authorities.--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) Duties.--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;

[[Page S755]]

       (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 Property.--The 
     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 Use.--The 
     management entity shall not regulate land use within the 
     Heritage Route.

     SEC. 8. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES.

       (a) Technical and Financial Assistance.--
       (1) In general.--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) Priority for assistance.--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 Law.--The establishment of the 
     Heritage Route shall have no effect on the application of any 
     Federal law to any property within the Heritage Route.

     SEC. 9. LAND USE REGULATION; APPLICABILITY OF FEDERAL LAW.

       (a) Land Use Regulation.--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 Law.--Nothing 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.

     SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--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) Cost Sharing.--
       (1) Federal share.--The Federal share of the cost of any 
     activity assisted under this Act shall not exceed 50 percent.
       (2) Form of non-federal share.--The 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.

     SEC. 11. 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.
                                 ______