[Congressional Record Volume 154, Number 84 (Wednesday, May 21, 2008)]
[Senate]
[Pages S4623-S4625]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Ms. MURKOWSKI:
  S. 3045. A bill to establish the Kenai Mountains-Turnagain Arm 
National Forest Heritage Area in the State of Alaska, and for other 
purposes; to the Committee on Energy and Natural Resources.
  Ms. MURKOWSKI. Mr. President, the Kenai Mountains-Turnagain Arm 
National Forest Heritage Area would be the first Heritage Area in 
Alaska, and one of a few Heritage Areas in the West. Our proposal 
encompasses the wide mountainous corridor that was the major gateway to 
pioneer settlement of the State, extending from Seward through the 
Kenai Mountains to the upper Turnagain Arm. Here mountain trails 
developed by indigenous First Alaskans became prospectors' trails and, 
eventually, the roads and railroad used by the pioneers who settled the 
last frontier of the United States. Transportation, resource 
development and settlement in this rugged, often-treacherous landscape 
provide a powerful reminder of the fortitude and resourcefulness of the 
pioneers of America's Last Frontier.
  Historic communities that were developed around mining and early 
transportation routes have preserved much of their original character. 
A visit to the Hope Townsite is a visit to a living community that 
still resembles the gold rush town that it was before the rush to the 
Klondike. The City of Whittier provides a glimpse of our Nation's 
intense effort to develop an ice-free port to supply troops who were 
defending our boundaries in Alaska during World War II. As in the early 
days, all the signs of human activity in the corridor are dwarfed by 
the sweeping landscapes of the region, by the magnificence of the 
mountains, glaciers and tidal fjords and the dominance and power of 
nature. Turnagain Arm, once a critical transportation link, has one of 
the world's greatest tidal ranges.
  This Heritage Area proposal, truly a grass roots product, began in 
1997 when the Kenai Peninsula Historical Association asked a group of 
local community leaders to reach out and tell people about Heritage 
Areas. They were successful in garnering support from communities 
throughout the corridor. These local folks have extensive knowledge of 
the resources; they are personally acquainted with the area; they 
understand the ruggedness and the beauty of the land, and certainly 
appreciate the potential economic value this designation would bring to 
the area.

  In 2000 these community leaders organized the Kenai Mountains-
Turnagain Arm National Heritage Area Corridor Communities Association 
as a non-profit organization with a board of directors made up of 
corridor community representatives. Later a congressionally designated 
grant made it possible for the new non-profit to serve as a local 
coordinating entity and prove its ability to plan and accomplish 
projects consistent with Heritage Area purposes. Through their 
management of the grant, historic structures were preserved, a small 
museum has opened, parks and pavilions with historic interpretation 
have been constructed, oral histories have been collected from old-
timers and recorded, and an excellent book on corridor history has been 
published.
  Since the corridor is within the western part of the Chugach National 
Forest, the Association has asked to put this Heritage Area under the 
Secretary of Agriculture. The bill provides for coordination with the 
Secretaries of Interior and includes the same components, structure and 
national recognition as Heritage Areas under the Secretary of Interior. 
Similar components assure that the Heritage Area will not impact 
private property rights or public land management. A Memorandum of 
Understanding between the Secretaries of Agriculture and Interior would 
establish coordination at the Secretarial level. Passage of this bill 
will be an excellent way to commemorate the recent centennial of the 
Chugach National Forest.
  I am proud to lend my support to this grassroots effort by 
introducing legislation today to designate the Kenai Mountains-
Turnagain Arm in Alaska as our most northern and western National 
Heritage Area, the first National Heritage Area in Alaska and the first 
National Forest Heritage Area to be assisted by the U.S. Forest 
Service.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3045

       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

[[Page S4624]]

       (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

[[Page S4625]]

     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.
                                 ______