[House Report 106-740]
[From the U.S. Government Publishing Office]



106th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     106-740

======================================================================



 
            YUMA CROSSING NATIONAL HERITAGE AREA ACT OF 2000

                                _______
                                

 July 17, 2000.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Young of Alaska, from the Committee on Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 2833]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 2833) to establish the Yuma Crossing National Heritage 
Area, having considered the same, report favorably thereon with 
an amendment and recommend that the bill as amended do pass.
  The amendment is as follows:
  Strike out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. SHORT TITLE; DEFINITIONS.

  (a) Short Title.--This Act may be cited as the ``Yuma Crossing 
National Heritage Area Act of 2000''.
  (b) Definitions.--In this Act:
          (1) Heritage area.--The term ``Heritage Area'' means the Yuma 
        Crossing National Heritage Area established in section 3.
          (2) Management entity.--The term ``management entity'' shall 
        mean the Yuma Crossing National Heritage Area Board of 
        Directors referred to section 3(c).
          (3) Management plan.--The term ``management plan'' shall mean 
        the management plan for the Yuma Crossing National Heritage 
        Area.
          (4) Secretary.--The term ``Secretary'' means the Secretary of 
        the Interior.

SEC. 2. FINDINGS AND PURPOSE.

  (a) Findings.--The Congress finds the following:
          (1) Certain events that led to the establishment of the Yuma 
        Crossing as a natural crossing place on the Colorado River and 
        to its development as an important landmark in America's 
        westward expansion during the mid-19th century are of national 
        historic and cultural significance in terms of their 
        contribution to the development of the new United States of 
        America.
          (2) It is in the national interest to promote, preserve, and 
        protect physical remnants of a community with almost 500 years 
        of recorded history which has outstanding cultural, historic, 
        and architectural value for the education and benefit of 
        present and future generations.
          (3) The designation of the Yuma Crossing as a national 
        heritage area would preserve Yuma's history and provide related 
        educational opportunities, provide recreational opportunities, 
        preserve natural resources, and improve the city and county of 
        Yuma's ability to serve visitors and enhance the local economy 
        through the completion of the major projects identified within 
        the Yuma Crossing National Heritage Area.
          (4) The Department of the Interior is responsible for 
        protecting the Nation's cultural and historic resources. There 
        are significant examples of these resources within the Yuma 
        region to merit the involvement of the Federal Government in 
        developing programs and projects, in cooperation with the Yuma 
        Crossing National Heritage Area and other local and 
        governmental bodies, to adequately conserve, protect, and 
        interpret this heritage for future generations while providing 
        opportunities for education, revitalization, and economic 
        development.
          (5) The city of Yuma, the Arizona State Parks Board, agencies 
        of the Federal Government, corporate entities, and citizens 
        have completed a study and master plan for the Yuma Crossing to 
        determine the extent of its historic resources, preserve and 
        interpret these historic resources, and assess the 
        opportunities available to enhance the cultural experience for 
        region's visitors and residents.
          (6) The Yuma Crossing National Heritage Area Board of 
        Directors would be an appropriate management entity for a 
        heritage area established in the region.
  (b) Purpose.--The objectives of the Yuma Crossing National Heritage 
Area are as follows:
          (1) To recognize the role of the Yuma Crossing in the 
        development of the United States, with particular emphasis on 
        the roll of the crossing as an important landmark in the 
        westward expansion during the mid-19th century.
          (2) To promote, interpret, and develop the physical and 
        recreational resources of the communities surrounding the Yuma 
        Crossing, which has almost 500 years of recorded history and 
        outstanding cultural, historic, and architectural assets, for 
        the education and benefit of present and future generations.
          (3) To foster a close working relationship with all levels of 
        government, the private sector, and the local communities in 
        the Yuma community and empower the community to conserve its 
        heritage while continuing to pursue economic opportunities.
          (4) To provide recreational opportunities for visitors to the 
        Yuma Crossing and preserve natural resources within the 
        Heritage Area.
          (5) To improve the Yuma region's ability to serve visitors 
        and enhance the local economy through the completion of the 
        major projects identified within the Heritage Area.

SEC. 3. YUMA CROSSING NATIONAL HERITAGE AREA.

  (a) Establishment.--There is hereby established the Yuma Crossing 
National Heritage Area.
  (b) Boundaries.--The Heritage Area shall be comprised of those 
portions of the Yuma region totaling approximately 21 square miles, 
encompassing over 150 identified historic, geologic, and cultural 
resources, and bounded--
          (1) on the west, by the Colorado River (including the 
        crossing point of the Army of the West);
          (2) on the east, by Avenue 7E;
          (3) on the north, by the Colorado River; and
          (4) on the south, by the 12th Street alignment.
  (c) Management Entity.--The management entity for the Heritage Area 
shall be the Yuma Crossing National Heritage Area Board of Directors 
which shall include representatives from a broad cross-section of the 
individuals, agencies, organizations, and governments that were 
involved in the planning and development of the Heritage Area before 
the date of the enactment of this Act.

SEC. 4. COMPACT.

  (a) In General.--To carry out the purposes of this Act, the Secretary 
of the Interior shall enter into a compact with the management entity.
  (b) Components of Compact.--The compact shall include information 
relating to the objectives and management of the Heritage Area, 
including each of the following:
          (1) A discussion of the goals and objects of the Heritage 
        Area.
          (2) An explanation of the proposed approach to conservation 
        and interpretation of the Heritage Area.
          (3) A general outline of the protection measures to which the 
        management entity commits.

SEC. 5. AUTHORITIES AND DUTIES OF MANAGEMENT ENTITY.

  (a) Authorities of the Management Entity.--The management entity may, 
for purposes of preparing and implementing the management plan, use 
funds made available through this Act for the following:
          (1) To make grants to, and enter into cooperative agreements 
        with, States and their political subdivisions, private 
        organizations, or any person.
          (2) To hire and compensate staff.
          (3) To enter into contracts for goods and services.
  (b) Management Plan.--
          (1) In general.--Taking into consideration existing State, 
        county, and local plans, the management entity shall develop a 
        management plan for the Heritage Area.
          (2) Contents.--The management plan required by this 
        subsection shall include--
                  (A) comprehensive recommendations for conservation, 
                funding, management, and development of the Heritage 
                Area;
                  (B) actions to be undertaken by units of government 
                and private organizations to protect the resources of 
                the Heritage Area;
                  (C) a list of specific existing and potential sources 
                of funding to protect, manage, and develop the Heritage 
                Area;
                  (D) an inventory of the resources contained in the 
                Heritage Area, including a list of any property in the 
                Heritage Area that is related to the themes of the 
                Heritage Area and that should be preserved, restored, 
                managed, developed, or maintained because of its 
                natural, cultural, historic, recreational, or scenic 
                significance;
                  (E) a recommendation of policies for resource 
                management which considers and details application of 
                appropriate land and water management techniques, 
                including the development of intergovernmental 
                cooperative agreements to protect the historical, 
                cultural, recreational, and natural resources of the 
                Heritage Area in a manner consistent with supporting 
                appropriate and compatible economic viability;
                  (F) a program for implementation of the management 
                plan by the management entity, including plans for 
                restoration and construction, and specific commitments 
                of the identified partners for the first 5 years of 
                operation;
                  (G) an analysis of ways in which local, State, and 
                Federal programs may best be coordinated to promote the 
                purposes of this Act; and
                  (H) an interpretation plan for the Heritage Area.
          (3) Submission to secretary.--The management entity shall 
        submit the management plan to the Secretary for approval not 
        later than 3 years after the date of enactment of this Act. If 
        a management plan is not submitted to the Secretary as required 
        within the specified time, the Heritage Area shall no longer 
        qualify for Federal funding.
  (c) Duties of Management Entity.--In addition to its duties under 
subsection (b), the management entity shall--
          (1) give priority to implementing actions set forth in the 
        compact and management plan, including steps to assist units of 
        government, regional planning organizations, and nonprofit 
        organizations in preserving the Heritage Area;
          (2) assist units of government, regional planning 
        organizations, and nonprofit organizations with--
                  (A) establishing and maintaining interpretive 
                exhibits in the Heritage Area;
                  (B) developing recreational resources in the Heritage 
                Area;
                  (C) increasing public awareness of and appreciation 
                for the natural, historical, and architectural 
                resources and sites in the Heritage Area;
                  (D) restoring any historic building relating to the 
                themes of the Heritage Area; and
                  (E) ensuring that clear, consistent, and 
                environmentally appropriate signs identifying access 
                points and sites of interest are put in place 
                throughout the Heritage Area;
          (3) encourage, by appropriate means, economic viability in 
        the Heritage Area consistent with the goals of the management 
        plan;
          (4) encourage local governments to adopt land use policies 
        consistent with the management of the Heritage Area and the 
        goals of the management plan;
          (5) consider the interests of diverse governmental, business, 
        and nonprofit groups within the Heritage Area;
          (6) conduct public meetings at least quarterly regarding the 
        implementation of the management plan; and
          (7) for any year in which Federal funds have been received 
        under this Act, make available for audit all records pertaining 
        to the expenditure of such funds and any matching funds, and 
        require, for all agreements authorizing expenditure of Federal 
        funds by other organizations, that the receiving organizations 
        make available for audit all records pertaining to the 
        expenditure of such funds.
  (d) Prohibition on the Acquisition of Real Property.--The management 
entity may not use Federal funds received under this Act to acquire 
real property or an interest in real property. Nothing in this Act 
shall preclude any management entity from using Federal funds from 
other sources for their permitted purposes.
  (e) Spending for Non-Federally Owned Property.--The management entity 
may spend Federal funds directly on non-federally owned property to 
further the purposes of this Act, especially in assisting units of 
government in appropriate treatment of districts, sites, buildings, 
structures, and objects listed or eligible for listing on the National 
Register of Historic Places.

SEC. 6. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES.

  (a) Technical and Financial Assistance.--The Secretary may, upon 
request of the management entity, provide technical and financial 
assistance to the management entity to develop and implement the 
management plan. In assisting the management entity, the Secretary 
shall give priority to actions that in general assist in--
          (1) conserving the significant natural, historic, and 
        cultural resources which support the themes of the Heritage 
        Area; and
          (2) providing educational, interpretive, and recreational 
        opportunities consistent with resources and associated values 
        of the Heritage Area.
  (b) Approval and Disapproval of Management Plan.--The Secretary, in 
consultation with the Yuma Crossing National Heritage Area Board of 
Directors, shall approve or disapprove the management plan submitted 
under this Act not later than 90 days after receiving such management 
plan.
  (c) Action Following Disapproval.--If the Secretary disapproves a 
submitted compact or management plan, the Secretary shall advise the 
management entity in writing of the reasons therefore and shall make 
recommendations for revisions in the management plan. The Secretary 
shall approve or disapprove a proposed revision within 90 days after 
the date it is submitted.
  (d) Approving Amendments.--The Secretary shall review substantial 
amendments to the management plan for the Heritage Area. Funds 
appropriated pursuant to this Act may not be expended to implement the 
changes made by such amendments until the Secretary approves the 
amendments.
  (e) Documentation.--Subject to the availability of funds, the 
Historic American Building Survey/Historic American Engineering Record 
shall conduct those studies necessary to document the cultural, 
historic, architectural, and natural resources of the Heritage Area.

SEC. 7. SUNSET.

  The Secretary may not make any grant or provide any assistance under 
this Act after September 30, 2015.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

  (a) In General.--There is authorized to be appropriated under this 
Act not more than $1,000,000 for any fiscal year. Not more than a total 
of $10,000,000 may be appropriated for the Heritage Area under this 
Act.
  (b) 50 Percent Match.--Federal funding provided under this Act, after 
the designation of the Heritage Area, may not exceed 50 percent of the 
total cost of any assistance or grant provided or authorized under this 
Act.

                          PURPOSE OF THE BILL

    The purpose of H.R. 2833 is to establish the Yuma Crossing 
National Heritage Area.

                  BACKGROUND AND NEED FOR LEGISLATION

    H.R. 2833 would authorize the Secretary of the Interior to 
establish the Yuma Crossing National Heritage Area, in Yuma, 
Arizona. The Yuma Crossing was the natural crossing place of 
the Colorado River. This geographic feature eventually led to 
Yuma to become the epicenter of America's westward expansion 
during the mid-19th century. This bill would serve to protect 
the historic elements located in the Yuma community, and would 
further educational, recreational, and economic opportunities 
of the region.
    The Secretary of the Interior will manage the proposed 
National Heritage Area, in conjunction with the management 
entity known as Yuma Crossing National Heritage Board of 
Directors. H.R. 2833 authorizes appropriations of up to $1 
million annually, with an overall cap of $10 million. Funding 
from the federal government may not exceed 50 percent of the 
total cost of any assistance or grants, and the Secretary is to 
discontinue grants and all assistance after September, 2015.

                            COMMITTEE ACTION

    H.R. 2833 was introduced on September 9, 1999, by 
Congressman Ed Pastor (R-AZ). The bill was referred to the 
Committee on Resources, and within the Committee to the 
Subcommittee on National Parks and Public Lands. On April 4, 
2000 the Subcommittee held a hearing on the bill. On May 18, 
2000, the Subcommittee met to consider the bill. A technical 
amendment was offered by Congressman Jim Hansen (R-UT) at the 
Administration's request. The amendment was adopted by voice 
vote, and the bill, as amended, was then ordered favorably 
reported to the Full Committee by voice vote. On June 7, 2000, 
the Resources Committee met to consider the bill. No further 
amendments were offered, and the bill, as amended, was ordered 
favorably reported to the House of Representatives by voice 
vote.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Resources' oversight findings and recommendations 
are reflected in the body of this report.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact this bill.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. Government Reform Oversight Findings. Under clause 
3(c)(4) of rule XIII of the Rules of the House of 
Representatives, the Committee has received no report of 
oversight findings and recommendations from the Committee on 
Government Reform on this bill.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office.

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, June 20, 2000.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 2833, the Yuma 
Crossing National Heritage Area Act of 2000.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts for federal 
costs are Deborah Reis and Ali Aslam, who can be reached at 
226-2860. The contact for the private-sector impact is Natalie 
Tawil, who can be reached at 226-2940.
            Sincerely,
                                        Steven M. Lieberman
                                    (For Dan L. Crippen, Director).
    Enclosure.

H.R. 2833--Yuma Crossing National Heritage Area Act of 2000

    H.R. 2833 would establish the Yuma Crossing National 
Heritage Area in the county and city of Yuma, Arizona. The bill 
would direct the Secretary of the Interior to enter into an 
agreement with the Yuma Crossing National Heritage Area Board 
of Directors, the designated management entity for the area, to 
conserve and interpret area resources. The board would develop 
a management plan that identifies activities and sources of 
funding to protect and manage the heritage area. In addition, 
the board would make grants to state and local agencies and 
other entities to implement the plan. For these purposes, the 
bill would authorize the appropriation of $10 million, not to 
exceed $1 million annually.
    Assuming appropriation of the authorized amounts, CBO 
estimates that implementing H.R. 2833 would cost $10 million 
over the next 10 to 15 years. Such amount would be used to 
cover a portion of the costs of establishing, operating, and 
interpreting the heritage area. The bill would not affect 
direct spending or receipts; therefore, pay-as-you-go 
procedures would not apply.
    H.R. 2833 contains no intergovernmental mandates as defined 
in the Unfunded Mandates Reform Act (UMRA). The state of 
Arizona and local governments within the state might choose to 
participate in the planning for and management of the national 
heritage area and would incur some costs as a result. Such 
costs would be voluntary. Participating governments would be 
eligible to receive grants to cover a portion of the costs 
associated with those activities. H.R. 2833 would impose no 
costs on other state, local, or tribal governments.
    The bill would impose private-sector mandates, but CBO 
estimates that the total direct costs of those mandates would 
fall well below the annual threshold established in UMRA ($109 
million in 2000, adjusted annually for inflation) during the 
first five years that the mandates are in effect.
    H.R. 2833 would impose new private-sector mandates on the 
Yuma Crossing National Heritage Area Board of Directors, which 
the bill would designate as the management entity for the 
heritage area. The bill would require the board to develop, and 
submit to the Secretary of the Interior for approval, a 
management plan for the heritage area. H.R. 2833 also would 
require the board to conduct public meetings regarding the plan 
and to assist local governments and other organizations in 
activities related to the purposes of the heritage area. Based 
on information provided by the Yuma Crossing National Heritage 
Area Task Force, CBO estimates that the total direct costs of 
mandates in the bill would fall well below the annual threshold 
established in UMRA in each of the first five years that the 
mandates are in effect. The bill would authorize appropriations 
to cover up to 50 percent of the costs of developing and 
implementing the management plan and would direct the Secretary 
to provide technical assistance to the management entity upon 
request.
    On June 20, 2000, CBO transmitted a cost estimate for S. 
1998, the Yuma Crossing National Heritage Area Act of 1999, as 
ordered reported by the Senate Committee on Energy and National 
Resources on June 7, 2000. These bills are very similar and our 
cost estimates are the same.
    The CBO staff contacts are Deborah Reis and Ali Aslam (for 
federal costs), Susan Sieg Tompkins (for the state and local 
impact), and Natalie Tawil (for the private-sector impact). 
This estimate was approved by Peter H. Fontaine, Deputy 
Assistant Director for Budget Analysis.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

               PREEMPTION OF STATE, LOCAL, OR TRIBAL LAW

    This bill is not intended to preempt State, local, or 
tribal law.

                        CHANGES IN EXISTING LAW

    If enacted, this bill would make no changes in existing 
law.

                                
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