[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
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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.
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