Senate Report 107-286 - OMNIBUS NATIONAL HERITAGE AREA ACT OF 2002

[Senate Report 107-286]
[From the U.S. Government Publishing Office]

Calendar No. 605
107th Congress Report
SENATE
2d Session 107-286

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OMNIBUS NATIONAL HERITAGE AREA ACT OF 2002
_______

September 17, 2002.--and ordered to be printed

_______

Mr. Bingaman, from the Committee on Energy and Natural Resources,
submitted the following

R E P O R T

[To accompany H.R. 695]

The Committee on Energy and Natural Resources, to which was
referred the Act (H.R. 695) to establish the Oil Region
National Heritage Area, having considered the same, reports
favorably thereon with an amendment and recommends that the
Act, 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.

This Act may be cited as the ``Omnibus National Heritage Area Act
of 2002''.

SEC. 2. TABLE OF CONTENTS.

Sec. 1. Short title.
Sec. 2. Table of contents.

TITLE I--OIL REGION NATIONAL HERITAGE AREA

Sec. 101. Short title; definitions.
Sec. 102. Findings and purpose.
Sec. 103. Oil Region National Heritage Area.
Sec. 104. Memorandum of Understanding.
Sec. 105. Authorities and duties of management entity.
Sec. 106. Duties and authorities of the Secretary.
Sec. 107. Duties of other Federal entities.
Sec. 108. Use of Federal funds from other sources.
Sec. 109. Authorization of appropriations.
Sec. 110. Termination of authority.

TITLE II--ARABIA MOUNTAIN NATIONAL HERITAGE AREA

Sec. 201. Short title.
Sec. 202. Findings and purposes.
Sec. 203. Definitions.
Sec. 204. Arabia Mountain National Heritage Area.
Sec. 205. Authorities and duties of the management entity.
Sec. 206. Management plan.
Sec. 207. Technical and financial assistance.
Sec. 208. Effect on certain authority.
Sec. 209. Authorization of appropriations.
Sec. 210. Termination authority.

TITLE III--FREEDOM'S WAY NATIONAL HERITAGE AREA

Sec. 301. Short title.
Sec. 302. Findings and purposes.
Sec. 303. Definitions.
Sec. 304. Freedom's Way National Heritage Area.
Sec. 305. Management plan.
Sec. 306. Authorities and duties of the management entity.
Sec. 307. Technical and financial assistance; other Federal agencies.
Sec. 308. Land use regulation; applicability of Federal law.
Sec. 309. Authorization of appropriations.
Sec. 310. Termination of authority.

TITLE IV--GREAT BASIN NATIONAL HERITAGE AREA

Sec. 401. Short title.
Sec. 402. Findings and purposes.
Sec. 403. Definitions.
Sec. 404. Great Basin National Heritage Area.
Sec. 405. Memorandum of Understanding.
Sec. 406. Management Plan.
Sec. 407. Authority and duties of managaement entity.
Sec. 408. Duties and authorities of Federal agencies.
Sec. 409. Land use regulation; applicability of Federal law.
Sec. 410. Authorization of appropriations.
Sec. 411. Termination of authority.

TITLE V--NORTHERN RIO GRANDE NATIONAL HERITAGE AREA

Sec. 501. Short title.
Sec. 502. Congressional findings.
Sec. 503. Definitions.
Sec. 504. Northern Rio Grande National Heritage Area.
Sec. 505. Authorities and duties of the management entity.
Sec. 506. Duties of the Secretary.
Sec. 507. Savings provision.
Sec. 508. Sunset.
Sec. 509. Authorization of appropriations.

TITLE VI--NATIONAL MORMON PIONEER HERITAGE AREA

Sec. 601. Short title.
Sec. 602. Findings and purpose.
Sec. 603. Definitions.
Sec. 604. National Mormon Pioneer Heritage Area.
Sec. 605. Designation of alliance as management entity.
Sec. 606. Management of the heritage area.
Sec. 607. Duties and authorities of Federal agencies.
Sec. 608. No effect on land use authority and private property.
Sec. 609. Authorization of appropriations.

TITLE VII--JOHN H. CHAFEE BLACKSTONE RIVER VALLEY NATIONAL HERITAGE
CORRIDOR

Sec. 701. Authorization of appropriations.

TITLE I--OIL REGION NATIONAL HERITAGE AREA

SEC. 101. SHORT TITLE; DEFINITIONS.

(a) Short Title.--This title may be cited as the ``Oil Region
National Heritage Area''.
(b) Definitions.--For the purposes of this title, the following
definitions shall apply:
(1) Heritage area.--The term ``Heritage Area'' means the Oil
Region National Heritage Area established in section 103(a).
(2) Management entity.--The term ``management entity'' means
the Oil Heritage Region, Inc., or its successor entity.
(3) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.

SEC. 102. FINDINGS AND PURPOSE.

(a) Findings.--The Congress finds the following:
(1) The Oil Region of Northwestern Pennsylvania, with numerous
sites and districts listed on the National Register of Historic
Places, and designated by the Governor of Pennsylvania as one
of the State Heritage Park Areas, is a region with tremendous
physical and natural resources and possesses a story of State,
national, and international significance.
(2) The single event of Colonel Edwin Drake's drilling of the
worlds's first successful oil well in 1859 has affected the
industrial, social, and political structures of the modern
world.
(3) Six national historic districts are located within the
State Heritage Park boundary, in Emlenton, Franklin, Oil City,
and Titusville, as well as 17 separate National Register sites.
(4) The Allegheny River, which was designated as a component
of the national wild and scenic rivers system in 1992 by Public
Law 102-271, traverses the Oil Region and connects several of
its major sites, as do some of the river's tributaries such as
Oil Creek, French Creek, and Sandy Creek.
(5) The upspoiled rural character of the Oil Region provides
many natural and recreational resources, scenic vistas, and
excellent water quality for people throughout the United States
to enjoy.
(6) Remnants of the oil industry, visible on the landscape of
this day, provide a direct link to the past for visitors, as do
the historic valley settlements, riverbed settlements, plateau
developments, farmlands, and industrial landscapes.
(7) The Oil Region also represents a cross section of
American history associated with Native Americans, frontier
settlements, the French and Indian War, African Americans and
the Underground Railroad, and immigration of Swedish and Polish
individuals, among others.
(8) Involvement by the Federal Government shall serve to
enhance the efforts of the Commonwealth of Pennsylvania, local
subdivisions of the Commonwealth of Pennsylvania, volunteer
organizations, and private businesses, to promote the cultural,
national, and recreational resources of the region in order to
fulfill their full potential.
(b) Purpose.--The purpose of this title is to enhance a cooperative
management framework to assist the Commonwealth of Pennsylvania, its
units of local government, and area citizens in conserving, enhancing,
and interpreting the significant features of the lands, water, and
structures of the Oil Region, in a manner consistent with compatible
economic development for the benefit and inspiration of present and
future generations in the Commonwealth of Pennsylvania and the United
States.

SEC. 103. OIL REGION NATIONAL HERITAGE AREA.

(a) Establishment.--There is hereby established the Oil Region
National Heritage Area.
(b) Boundaries.--The boundaries of the Heritage Area shall include
all of those lands depicted on a map entitled ``Oil Region National
Heritage Area'', numbered OIRE/20,000 and dated October, 2000. The map
shall be on file in the appropriate offices of the National Park
Service. The Secretary shall publish in the Federal Register, as soon
as practical after the date of the enactment of this title, a detailed
description and map on the boundaries established under this
subsection.
(c) Management Entity.--The management entity for the Heritage Area
shall be Oil Heritage Region, Inc., the locally-based private,
nonprofit management corporation which shall oversee the development of
a management plan in accordance with section 105(b).

SEC. 104. MEMORANDUM OF UNDERSTANDING.

To carry out the purposes of this title, the Secretary shall enter
into a memorandum of understanding with the management entity. The
memorandum shall include information relating to the objectives and
management of the area, including a discussion of the goals and
objectives of the Heritage Area, including an explanation of the
proposed approach to conservation and interpretation and a general
outline of the protection measures committed to by the Secretary and
management entity.

SEC. 105. AUTHORITIES AND DUTIES OF MANAGEMENT ENTITY.

(a) Authorities.--The management entity may use funds made
available under this title for purposes of preparing, updating, and
implementing the management plan developed under subsection (b). Such
purposes may include--
(1) making grants to, and entering into cooperative
agreements with, States and their political subdivisions,
private organizations, or any other person;
(2) hiring and compensating staff; and
(3) undertaking initiatives that advance the purposes of the
Heritage Area.
(b) Management Plan.--The management entity shall develop a
management plan for the Heritage Area that--
(1) presents comprehensive strategies and recommendations for
conservation, funding, management, and development of the
Heritage Area;
(2) takes into consideration existing State, county, and
local plans and involves residents, public agencies, and
private organizations working in the Heritage Area;
(3) includes a description of actions that units of
government and private organizations have agreed to take to
protect the resources of the Heritage Area;
(4) specifies the existing and potential sources of funding
to protect, manage, and develop the Heritage Area;
(5) includes 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.
(6) recommends policies for resource management which
consider and detail application of appropriate land and water
management techniques, including, but not limited to, the
development of intergovernmental and interagency cooperative
agreements to protect the Heritage Area's historical, cultural,
recreational, and natural resources in a manner consistent with
supporting appropriate and compatible economic viability;
(7) describes a program for implementation of the management
plan by the management entity, including plans for restoration
and construction, and specific commitments for that
implementation that have been made by the management entity and
any other persons for the first 5 years of implementation;
(8) includes an analysis of ways in which local, State, and
Federal programs, including the role for the National Park
Service in the Heritage Area, may best be coordinated to
promote the purposes of this title;
(9) lists any revisions to the boundaries of the Heritage
Area proposed by the management entity and requested by the
affected local government; and
(10) includes an interpretation plan for the Heritage Area.
(c) Deadline; Termination of Funding.--
(1) Deadline.--The management entity shall submit the
management plan to the Secretary within 2 years after the funds
are made available for this title.
(2) Termination of funding.--If a management plan is not
submitted to the Secretary in accordance with this subsection,
the management entity shall not qualify for Federal assistance
under this title.
(d) Duties of Management Entity.--The management entity shall--
(1) give priority to implementing actions set forth in the
compact and management plan;
(2) assist units of government, regional planning
organizations, and nonprofit organizations in--
(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) the restoration of any historic building relating
to the themes of the Heritage Area;
(E) ensuring that clear, consistent, and
environmentally appropriate signs identifying access
points and sites of interest are put in place
throughout the Heritage Area; and
(F) carrying out other actions that the management
entity determines to be advisable to fulfill the
purposes of this title;
(3) encourage by appropriate means economic viability in the
Heritage Area consistent with the goals of the management plan;
(4) consider the interests of diverse governmental, business,
and nonprofit groups within the Heritage Area; and
(5) for any year in which Federal funds have been provided to
implement the management plan under subsection (b)--
(A) conduct public meetings at least annually
regarding the implementation of the management plan;
(B) submit an annual report to the Secretary setting
forth accomplishments, expenses and income, and each
person to which any grant was made by the management
entity in the year for which the report is made; and
(C) require, for all agreements entered into by the
management entity authorizing expenditure of Federal
funds by any other person, that the person making the
expenditure make available to the management entity for
audit all records pertaining to the expenditure of such
funds.
(e) Prohibition on the Acquisition of Real Property.--The
management entity may not use Federal funds received under this title
to acquire real property or an interest in real property.

SEC. 106. DUTIES AND AUTHORITIES OF THE SECRETARY.

(a) Technical and Financial Assistance.--
(1) In general.--
(A) Overall assistance.--The Secretary may, upon the
request of the management entity, and subject to the
availability of appropriations, provide technical and
financial assistance to the management entity to carry
out its duties under this title, including updating and
implementing a management plan that is submitted under
section 105(b) and approved by the Secretary and, prior
to such approval, providing assistance for initiatives.
(B) Other assistance.--If the Secretary has the
resources available to provide technical assistance to
the management entity to carry out its duties under
this title (including updating and implementing a
management plan that is submitted under section 105(b)
and approved by the Secretary and, prior to such
approval, providing assistance for initiatives, upon
the request of the management entity the Secretary
shall provide such assistance on a reimbursable basis.
This subparagraph does not preclude the Secretary from
providing nonreimbursable assistance under subparagraph
(A).
(2) Priority.--In assisting the management entity, the
Secretary shall give priority to actions that assist in the--
(A) implementation of the management plan;
(B) provision of educational assistance and advice
regarding land and water management techniques to
conserve the significant natural resources of the
region;
(C) development and application of techniques
promoting the preservation of cultural and historic
properties;
(D) preservation, restoration, and reuse of publicly
and privately owned historic buildings;
(E) design and fabrication of a wide range of
interpretive materials based on the management plan,
including guide brochures, visitor displays, audio-
visual and interactive exhibits, and educational
curriculum materials for public education; and
(F) implementation of initiatives prior to approval
of the management plan.
(3) Documentation of structures.--The Secretary, acting
through the Historic American Building Survey and the Historic
American Engineering Record, shall conduct studies necessary to
document the industrial, engineering, building, and
architectural history of the Heritage Area.
(b) Approval and Disapproval of Management Plans.--The Secretary,
in consultation with the Governor of Pennsylvania, shall approve or
disapprove a management plan submitted under this title not later than
90 days after receiving such plan. In approving the plan, the Secretary
shall take into consideration the following criteria:
(1) The extent to which the management plan adequately
preserves and protects the natural, cultural, and historical
resources of the Heritage Area.
(2) The level of public participation in the development of
the management plan.
(3) The extent to which the board of directors of the
management entity is representative of the local government and
a wide range of interested organizations and citizens.
(c) Action Following Disapproval.--If the Secretary disapproves a
management plan, the Secretary shall advise the management entity in
writing of the reasons for the disapproval 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 Changes.--The Secretary shall review and approve
amendments to the management plan under section 105(b) that make
substantial changes. Funds appropriated under this title may not be
expended to implement such changes until the Secretary approves the
amendments.

SEC. 107. DUTIES OF OTHER FEDERAL ENTITIES.

Any Federal entity conducting or supporting activities directly
affecting the Heritage Area shall--
(1) consult with the Secretary and the management entity with
respect to such activities;
(2) cooperate with the Secretary and the management entity in
carrying out their duties under this title and, to the maximum
extent practicable, coordinate such activities with the
carrying out of such duties; and
(3) to the maximum extent practicable, conduct or support
such activities in a manner that the management entity
determines shall not have an adverse effect on the Heritage
Area.

SEC. 108. USE OF FEDERAL FUNDS FROM OTHER SOURCES.

Nothing in this title shall preclude the management entity from
using Federal funds available under Acts other than this title for the
purposes for which those funds were authorized.

SEC. 109. AUTHORIZATION OF APPROPRIATIONS.

(a) In General.--There are authorized to be appropriated to carry
out this title $10,000,000, of which not more than $1,000,000 may be
authorized to be appropriated for any fiscal year.
(b) Cost-Sharing Requirement.--The Federal share of the total cost
of any activity assisted under this title shall be not more than 50
percent.

SEC. 110. TERMINATION OF AUTHORITY.

The authority of the Secretary to provide assistance under this
title terminates on the date that is 15 years after the date of
enactment of this title.

TITLE II--ARABIA MOUNTAIN NATIONAL HERITAGE AREA

SEC. 201. SHORT TITLE.

This title may be cited as the ``Arabia Mountain National Heritage
Area Act of 2002''.

SEC. 202. FINDINGS AND PURPOSES.

(a) Findings.--Congress finds that--
(1) the Arabia Mountain area contains a variety of natural,
cultural, historical, scenic, and recreational resources that
together represent distinctive aspects of the heritage of the
United States that are worthy of recognition, conservation,
interpretation, and continuing use;
(2) the best methods for managing the resources of the Arabia
Mountain area would be through partnerships between public and
private entities that combine diverse resources and active
communities;
(3) Davidson-Arabia Mountain Nature Preserve, a 535-acre park
in DeKalb County, Georgia--
(A) protects granite outcrop ecosystems, wetland, and
pine and oak forests; and
(B) includes federally-protected plant species;
(4) Panola Mountain, a national natural landmark, located in
the 860-acre Panola Mountain State Conservation Park, is a rare
example of a pristine granite outcrop;
(5) The archaeological site at Miners Creek Preserve along
the South River contains documented evidence of early human
activity;
(6) the city of Lithonia, Georgia, and related sites of
Arabia Mountain and Stone Mountain possess sites that display
the history of granite mining as an industry and culture in
Georgia, and the impact of that industry on the United States;
(7) the community of Klondike is eligible for designation as
a National Historic District; and
(8) the city of Lithonia has two structures listed on the
National Register of Historic Places.
(b) Purposes.--The purposes of this title are--
(1) to recognize, preserve, promote, interpret, and make
available for the benefit of the public the natural, cultural,
historical, scenic, and recreational resources in the area that
includes Arabia Mountain, Panola Mountain, Miners Creek, and
other significant site and communities; and
(2) to assist the State of Georgia and the counties of
DeKalb, Rockdale, and Henry in the State in developing and
implementing an integrated cultural, historical, and land
resource management program to protect, enhance, and interpret
the significant resources within the heritage area.

SEC. 203. DEFINITIONS.

In this title:
(1) Heritage area.--The term ``heritage area'' means the
Arabia Mountain National Heritage Area established by section
204.
(2) Management entity.--The term ``management entity'' means
the Arabia Mountain Heritage Area Alliance or its successor.
(3) Management plan.--The term ``management plan'' means the
management plan for the heritage area developed under section
206.
(4) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(5) State.--The term ``State'' means the State of Georgia.

SEC. 204. ARABIA MOUNTAIN NATIONAL HERITAGE AREA.

(a) Establishment.--There is established the Arabia Mountain
National Heritage Area in the State.
(b) Boundaries.--The heritage area shall consist of certain parcels
of land in the counties of DeKalb, Rockdale, and Henry in the State, as
generally depicted on the map entitled ``The Preferred Concept''
contained in the document entitled ``Arabia Mountain National Heritage
Area Feasibility Study'', dated February 28, 2001.
(c) Availability of Map.--The map shall be on file and available
for public inspection in the appropriate offices of the National Park
Service.
(d) Management Entity.--The Arabia Mountain Heritage Area Alliance
shall be the management entity for the heritage area.

SEC. 205. AUTHORITIES AND DUTIES OF THE MANAGEMENT ENTITY.

(a) Authorities.--For purposes of developing and implementing the
management plan, the management entity may--
(1) make grants to, and enter into cooperative agreements
with, the State, political subdivisions of the State, and
private organizations;
(2) hire and compensate staff; and
(3) enter into contracts for goods and services.
(b) Duties.--
(1) Management plan.--
(A) In general.--The management entity shall develop
and submit to the Secretary the management plan.
(B) Considerations.--In developing and implementing
the management plan, the management entity shall
consider the interests of diverse governmental,
business, and nonprofit groups within the heritage
area.
(2) Priorities.--The management entity shall give priority to
implementing actions described in the management plan,
including--
(A) assisting units of government and nonprofit
organizations in preserving resources within the
heritage area; and
(B) encouraging local governments to adopt land use
policies consistent with the management of the heritage
area and the goals of the management plan.
(3) Public meetings.--The management entity shall conduct
public meetings at least quarterly on the implementation of the
management plan.
(4) Annual report.--For any year in which Federal funds have
been made available under this title, the management entity
shall submit to the Secretary an annual report that describes--
(A) the accomplishments of the management entity; and
(B) the expenses and income of the management entity.
(5) Audit.--The management entity shall--
(A) make available to the Secretary for audit all
records relating to the expenditure of Federal funds
and any matching funds; and
(B) require, with respect to all agreements
authorizing expenditure of Federal funds by other
organizations, that the receiving organizations make
available to the Secretary for audit all records
concerning the expenditure of those funds.
(c) Use of Federal Funds.--
(1) In general.--The management entity shall not use Federal
funds made available under this title to acquire real property
or an interest in real property.
(2) Other sources.--Nothing in this title precludes the
management entity from using Federal funds made available under
other Federal laws for any purpose for which the funds are
authorized to be used.

SEC. 206. MANAGEMENT PLAN.

(a) In General.--The management entity shall develop a management
plan for the heritage area that incorporates an integrated and
cooperative approach to protect, interpret, and enhance the natural,
cultural, historical, scenic, and recreational resources of the
heritage area.
(b) Basis.--The management plan shall be based on the preferred
concept in the document entitled ``Arabia Mountain National Heritage
Area Feasibility Study,'' dated February 28, 2001.
(c) Consideration of Other Plans and Actions.--The management plan
shall--
(1) take into consideration State and local plans; and
(2) involve residents, public agencies, and private
organizations in the heritage area.
(d) Requirements.--The management plan shall include--
(1) an inventory of the resources in the heritage area,
including--
(A) a list of property in the heritage area that--
(i) relates to the purposes of the heritage
area; and
(ii) should be preserved, restored, managed,
or maintained because of the significance of
the property; and
(B) an assessment of cultural landscapes within the
heritage area;
(2) provisions for the protection, interpretation, and
enjoyment of the resources of the heritage area consistent with
the purposes of this title;
(3) an interpretation plan for the heritage area;
(4) a program for implementation of the management plan that
includes--
(A) actions to be carried out by units of government,
private organizations, and public-private partnerships
to protect the resources of the heritage area; and
(B) the identification of existing and potential
sources of funding for implementing the plan; and
(5) a description and evaluation of the management entity,
including the membership and organizational structure of the
management entity.
(e) Submission to Secretary for Approval.--
(1) In general.--Not later than 3 years after the date of
enactment of this title, the management entity shall submit the
management plan to the Secretary for approval.
(2) Effect of failure to submit.--If a management plan is
not submitted to the Secretary by the date specified in
paragraph (1), the Secretary shall not provide any additional
funding under this title until such date as a management plan
for the heritage area is submitted to the Secretary.
(f) Approval and Disapproval of Management Plan.--
(1) In general.--Not later than 90 days after receiving the
management plan submitted under subsection (e), the Secretary,
in consultation with the State, shall approve or disapprove the
management plan.
(2) Action following disapproval.--
(A) Revision.--If the Secretary disapproves a
management plan submitted under paragraph (1), the
Secretary shall--
(i) advise the management entity in writing
of the reasons for the disapproval;
(ii) make recommendations for revisions to
the management plan; and
(iii) allow the management entity to submit
to the Secretary revisions to the management
plan.
(B) Deadline for approval of revision.--Not later
than 90 days after the date on which a revision is
submitted under subparagraph (A)(iii), the Secretary
shall approve or disapprove the revision.
(g) Revision of Management Plan.--
(1) In general.--After approval by the Secretary of a
management plan, the management entity shall periodically--
(A) review the management plan; and
(B) submit to the Secretary, for review and approval
by the Secretary, the recommendations of the management
entity for any revisions to the management plan that
the management entity considers to be appropriate.
(2) Expenditure of funds.--No funds made available under this
title shall be used to implement any revision proposed by the
management entity under paragraph (1)(B) until the Secretary
approves the revision.

SEC. 207. TECHNICAL AND FINANCIAL ASSISTANCE.

(a) In General.--At the request of the management entity, the
Secretary may provide technical and financial assistance to the
heritage area to develop and implement the management plan.
(b) Priority.--In providing assistance under subsection (a), the
Secretary shall give priority to actions that facilitate--
(1) the conservation of the significant natural, cultural,
historical, scenic, and recreational resources that support the
purposes of the heritage area; and
(2) the provision of education, interpretive, and
recreational opportunities that are consistent with the
resources and associated values of the heritage area.

SEC. 208 EFFECT ON CERTAIN AUTHORITY.

(a) Occupational, Safety, Conservation, and Environmental
Regulation.--Nothing in this title--
(1) imposes an occupational, safety, conservation, or
environmental regulation on the heritage area that is more
stringent than the regulations that would be applicable to the
land described in section 204(b) but for the establishment of
the heritage area by section 204; or
(2) authorizes a Federal agency to promulgate an
occupational, safety, conservation, or environmental regulation
for the heritage area that is more stringent than the
regulations applicable to the land described in section 204(b)
as of the date of enactment of this title, solely as a result
of the establishment of the heritage area by section 204.
(b) Land Use Regulation.--Nothing in this title--
(1) modifies, enlarges, or diminishes any authority of the
Federal Government or a State or local government to regulate
any use of land as provided for by law (including regulations)
in existence on the date of enactment of this title; or
(2) grants powers of zoning or land use to the management
entity.

SEC. 209. AUTHORIZATION OF APPROPRIATIONS.

SEC. 210. TERMINATION OF AUTHORITY.

The authority of the Secretary to provide assistance under this
title terminates on the date that is 15 years after the date of
enactment of this title.

TITLE III--FREEDOM'S WAY NATIONAL HERITAGE AREA

SEC. 301. SHORT TITLE.

This title may be cited as the ``Freedom's Way National Heritage
Area Act''.

SEC. 302. FINDINGS AND PURPOSES.

(a) Findings.--Congress finds that--
(1) the cultural and natural legacies of an area encompassing
36 communities in Massachusetts and 6 communities in New
Hampshire have made important and distinctive contributions to
the national character of America;
(2) recognizing and protecting those legacies will help
sustain the quality of life in the future;
(3) significant legacies of the area include--
(A) the early settlement of the United States and the
early evolution of democratic forms of government;
(B) the development of intellectual traditions of the
philosophies of freedom, democracy, and conservation;
(C) the evolution of social ideas and religious
freedom;
(D) the role of immigrants and industry in
contributing to ethnic diversity;
(E) Native American and African American resources;
and
(F) the role of innovation and invention in cottage
industries;
(4) the communities in the area know the value of the
legacies but need a cooperative framework and technical
assistance to achieve important goals by working together;
(5) there is a Federal interest in supporting the development
of a regional framework to assist the States, local
governments, local organizations, and other persons in the
region with conserving, protecting, and bringing recognition to
the heritage of the area for the educational and recreation
benefit of future generations of Americans;
(6) significant examples of the area's resources include--
(A) Walden Pond State Reservation in Concord,
Massachusetts;
(B) Minute Man National Historical Park in the State
of Massachusetts;
(C) Shaker Villages in Shirley and Harvard in the
State of Massachusetts;
(D) Wachusett Mountain State Reservation, Fitchburg
Art Museum, and Barrett House in New Ipswich, New
Hampshire; and
(E) Beaver Brook Farms and Lost City of Monson in
Hollis, New Hampshire;
(7) the study entitled ``Freedom's Way Heritage Area
Feasibility Study'', prepared by the Freedom's Way Heritage
Association, Inc., and the Massachusetts Department of
Environmental Management, demonstrates that there are
sufficient nationally distinctive historical resources
necessary to establish the Freedom's Way National Heritage
Area; and
(8) the Freedom's Way Heritage Association, Inc., should
oversee the development of the Freedom's Way National Heritage
Area.
(b) Purposes.--The purposes of this Act are--
(1) to foster a close working relationship between the
Secretary and all levels of government, the private sector, and
local communities in the States of Massachusetts and New
Hampshire;
(2) to assist the entities referred to in paragraph (1) in
preserving the special historic identity of the Heritage Area;
and
(3) to manage, preserve, protect, and interpret the cultural,
historical, and natural resources of the Heritage Area for the
educational and inspirational benefit of future generations.

SEC. 303. DEFINITIONS.

In this Act:
(1) Heritage area.--The term ``Heritage Area'' means the
Freedom's Way National Heritage Area established by section
304(a).
(2) Management entity.--The term ``management entity'' means
the management entity for the Heritage Area designated by
section 304(d).
(3) Management plan.--The term ``management plan'' means the
management plan for the Heritage Area developed under section
305.
(4) Map.--The term ``Map'' means the map entitled ``Freedom's
Way National Heritage Area'', numbered FRWA P-75/80,000 and
dated July 2002.
(5) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.

SEC. 304. FREEDOM'S WAY NATIONAL HERITAGE AREA.

(a) Establishment.--There is established the Freedom's Way National
Heritage Area in the States of Massachusetts and New Hampshire.
(b) Boundaries.--
(1) In general.--The Heritage Area shall consist of the land
within the boundaries of the Heritage Area, as depicted on the
Map.
(2) Revision.--The boundaries of the Heritage Area may be
revised if the revision is--
(A) proposed in the management plan;
(B) approved by the Secretary in accordance with
section 305(c); and
(C) placed on file in accordance with subsection (c).
(c) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall publish in the
Federal Register a legal description of the Heritage Area.
(2) Availability.--The Map shall be on file and available for
public inspection in the appropriate offices of the National
Park Service.
(d) Management Entity.--The Freedom's Way Heritage Association,
Inc., shall serve as the management entity for the Heritage Area.

SEC. 305. 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 Area that
presents comprehensive recommendations and strategies for the
conservation, funding, management, and development of the Heritage
Area.
(b) Requirements.--The management plan shall--
(1) take into consideration and coordinate Federal, State,
and local plans to present a unified historic preservation and
interpretation plan;
(2) involve residents, public agencies, and private
organizations in the Heritage Area;
(3) describe actions that units of government and private
organizations recommend for the protection of the resources of
the Heritage Area;
(4) identify existing and potential sources of Federal and
non-Federal funding for the conservation, management, and
development of the Heritage Area; and
(5) include--
(A) an inventory of the cultural, historic, natural,
or recreational resources contained in the Heritage
Area, including a list of property that--
(i) is related to the themes of the Heritage
Area; and
(ii) should be conserved, restored, managed,
developed, or maintained;
(B) a recommendation of policies for resource
management and protection that--
(i) apply appropriate land and water
management techniques;
(ii) develop intergovernmental cooperative
agreements to manage and protect the cultural,
historic, and natural resources and recreation
opportunities of the Heritage Area; and
(iii) support economic revitalization
efforts;
(C) a program of strategies and actions to implement
the management plan that--
(i) identifies the roles of agencies and
organizations that are involved in the
implementation of the management plan and the
role of the management entity;
(ii) includes--
(I) restoration and construction
plans or goals;
(II) a program of public involvement;
(III) annual work plans; and
(IV) annual reports;
(D) an analysis of ways in which Federal, State, and
local programs may best be coordinated to promote the
purposes of this title;
(E) an interpretive and educational plan for the
Heritage Area;
(F) any revisions proposed by the management entity
to the boundaries of the Heritage Area and requested by
the affected local government; and
(G) a process to provide public access to the
management entity for the purpose of attempting to
resolve informally any disputes arising from the
management plan.
(c) Failure To Submit.--If the management entity fails to submit
the management plan to the Secretary in accordance with subsection (a),
the Heritage Area shall no longer qualify for Federal funding.
(d) Approval or Disapproval of Management Plan.--
(1) In general.--Not later than 90 days after receipt of the
management plan under subsection (a), the Secretary shall
approve or disapprove the management plan.
(2) Criteria.--In determining whether to approve the
management plan, the Secretary shall consider whether--
(A) the management entity afforded adequate
opportunity, including public hearings, for public and
governmental involvement in the preparation of the
management plan;
(B) the resource protection and interpretation
strategies contained in the management plan would
adequately protect the cultural and historic resources
of the Heritage Area; and
(C) the Secretary has received adequate assurance
from the appropriate State and local officials whose
support is needed to ensure the effective
implementation of the State and local aspects of the
management plan.
(3) Action following disapproval.--If the Secretary
disapproves the 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 60 days after the receipt of any
proposed revision of the management plan from the
management entity, approval or disapprove the proposed
revision.
(e) Amendments.--
(1) In general.--In accordance with subsection (b), the
Secretary shall approve or disapprove 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 title
shall not be expended by the management entity to implement an
amendment described in paragraph (1) until the Secretary
approves the amendment.

SEC. 306. AUTHORITIES AND DUTIES OF THE MANAGEMENT ENTITY.

(a) Authorities.--The Management Entity may, for purposes of
preparing and implementing the management plan, use funds made
available under this title to--
(1) make grants to, and enter into cooperative agreements
with, the States of Massachusetts and New Hampshire (including
a political subdivision thereof), a nonprofit organization, or
any person;
(2) hire and compensate staff;
(3) obtain funds from any source (including a program that
has a cost-sharing requirement); and
(4) contract for goods and services.
(b) Duties of the Management Entity.--In addition to developing the
management plan, the management entity shall--
(1) give priority to the implementation of actions, goals,
and strategies set forth in the management plan, including
assisting units of government and other persons in--
(A) carrying out the programs that recognize and
protect important resource values in the Heritage Area;
(B) encouraging economic viability in the Heritage
Area in accordance with the goals of the management
plan;
(C) establishing and maintaining interpretive
exhibits in the Heritage Area;
(D) developing recreational and educational
opportunities in the Heritage Area;
(E) increasing public awareness of and appreciation
for the cultural, historical, and natural resources of
the Heritage Area;
(F) restoring historic buildings that are located in
the Heritage Area and relate to the themes of the
Heritage Area; and
(G) installing throughout the Heritage Area clear,
consistent, and appropriate signs identifying public
access points and sites of interest;
(2) prepare and implement the management plan while
considering the interests of diverse units of government,
business, private property owners, and nonprofit groups within
the Heritage Area;
(3) conduct public meetings at least quarterly regarding the
development and implementation of the management plan;
(4) for any fiscal year for which Federal funds are received
under this title--
(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 a grant was made;
(B) make available for audit by Congress, the
Secretary, and appropriate units of government, all
records pertaining to the expenditure of the funds and
any matching funds; and
(C) require, for all agreements authorizing
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.--
(1) Federal funds.--The management entity shall not use
Federal funds made available under this title to acquire real
property or any interest in real property.
(2) Other funds.--Notwithstanding paragraph (1), the
management entity may acquire real property or an interest in
real property using non-Federal funds.

SEC. 307. TECHNICAL AND FINANCIAL ASSISTANCE; OTHER FEDERAL AGENCIES.

(a) Technical and Financial Assistance.--
(1) In general.--On the request of the management entity, the
Secretary may provide technical and financial assistance for
the development and implementation of the management plan.
(2) Priority for assistance.--In providing assistance under
paragraph (1), the Secretary shall give priority to actions
that assist in--
(A) conserving the significant cultural, historic,
and natural resources of the Heritage area; and
(B) providing educational, interpretive, and
recreational opportunities consistent with the purposes
of the Heritage Area.
(3) Spending on non-federal property.--The management entity
may expend Federal funds made available under this title on
nonfederally owned property that is--
(A) identified in the management plan; or
(B) listed or eligible for listing on the National
Register of Historic Places.
(4) Other assistance.--The Secretary may enter into
cooperative agreements with public and private organizations to
carry out this subsection.
(b) Other Federal Agencies.--Any Federal entity conducting or
supporting an activity that directly affects the Heritage Area shall--
(1) consider the potential effect of the activity on the
purposes of the Heritage Area and the management plan;
(2) consult with the management entity regarding the
activity; and
(3) to the maximum extent practicable, conduct or support the
activity to avoid adverse effects on the Heritage Area.

SEC. 308. LAND USE REGULATION; APPLICABILITY OF FEDERAL LAW.

(a) Land Use Regulation.--
(1) In general.--The management entity shall provide
assistance and encouragement to State and local governments,
private organizations, and persons to protect and promote the
resources and values of the Heritage Area.
(2) Effect.--Nothing in this title--
(A) affects the authority of the State or local
governments to regulate under law any use of land; or
(B) grants any power of zoning or land use to the
management entity.
(b) Private Property.--
(1) In general.--The management entity shall be an advocate
for land management practices consistent with the purposes of
the Heritage Area.
(2) Effect.--Nothing in this title--
(A) abridges the rights of any person with regard to
private property;
(B) affects the authority of the State or local
government regarding private property; or
(C) imposes any additional burden on any property
owner.

SEC. 309. AUTHORIZATION OF APPROPRIATIONS.

(a) In General.--There is authorized to be appropriated to carry
out this title $10,000,000, of which not more than $1,000,000 may be
authorized to be appropriated for any fiscal year.
(b) Cost-Sharing Requirement.--The Federal share of the total cost
of any activity assisted under this title shall be not more than 50
percent.

SEC. 310. TERMINATION OF AUTHORITY.

The authority of the Secretary to provide assistance under this
title terminates on the date that is 15 years after the date of
enactment of this Act.

TITLE IV--GREAT BASIN NATIONAL HERITAGE AREA

SEC. 401. SHORT TITLE.

This title may be cited as the ``Great Basin National Heritage Area
Act of 2002''.

SEC. 402. 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 in the Great Basin Heritage Area (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 in the Great Basin Heritage Area include
the social history and living cultural traditions of a rich
diversity of nationalities;
(4) the pioneer, Mormon and other religious settlements,
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 within the Heritage Area;
(6) the pioneer heritage of the Heritage Area 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 Area 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 Area 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 Area is among
the best in the United States, and the clear air permits
outstanding viewing of the night skies;
(10) the Heritage Area 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 Area 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 Area 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 Area Partnership shall serve as
the management entity for a Heritage Area established in the
Great Basin.
(b) Purposes.--The purposes of this title 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, 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
title, without managing or regulating land use.

SEC. 403. DEFINITIONS.

In this title:
(1) Great basin.--The term ``Great Basin'' means the North
American Great Basin.
(2) Heritage area.--The term ``Heritage Area'' means the
Great Basin National Heritage Area established by section
404(a).
(3) Management entity.--The term ``management entity'' means
the Great Basin Heritage Area Partnership established by
section (404(c).
(4) Management plan.--The term ``management plan'' means the
plan developed by the management entity under section 406(a).
(5) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.

SEC. 404. GREAT BASIN NATIONAL HERITAGE AREA.

(a) Establishment.--There is established the Great Basin National
Heritage Area.
(b) Composition.--The Heritage Area shall include historical,
cultural, natural, scenic, and recreational resources within White Pine
County, Nevada, Millard County, Utah, and the Duckwater Shoshone
Reservation in Nye County, Nevada. The boundaries of the Heritage Area
shall be specified in detail in the management plan developed in
section 406.
(c) Management Entity.--
(1) In general.--The Great Basin Heritage Area Partnership
shall serve as the management entity for the Heritage Area.
(2) Board of directors.--The Great Basin Heritage Area
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 Area.

SEC. 405. MEMORANDUM OF UNDERSTANDING.

(a) In General.--In carrying out this title, the Secretary, in
consultation with the Governors of the States of Nevada and Utah, and
each tribe participating in the Heritage Area, 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
Area, including--
(1) a description of the resources within the Heritage Area;
(2) a discussion of the goals and objectives of the Heritage
Area, 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 Area.
(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 title
shall not be expended to implement a change made by a proposed
amendment described in paragraph (1) until the Secretary
approves the amendment.

SEC. 406. MANAGEMENT PLAN.

(a) In general.--Not later than 3 years after the date of enactment
of this title, the management entity shall develop and submit to the
Secretary for approval a management plan for the Heritage Area that
presents clear and comprehensive recommendations for the conservation,
funding, management, and development of the Heritage Area.
(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 Area, taking into
consideration State, tribal, county, and local land use plans
in existence on the date of enactment of this title;
(2) identify sources of funding; and
(3) include--
(A) an inventory of the archaeological, historical,
cultural, natural, scenic, and recreational resources
contained in the Heritage Area, including a list of
public and tribal property that--
(i) is related to the themes of the Heritage
Area; and
(ii) should be preserved, restored, managed,
developed, or maintained because of the
archaeological, historical, cultural, natural,
scenic, and recreational significance of the
property;
(B) 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 405(b)(4) for
the first 5 years of operation; and
(C) an interpretation plan for the Heritage Area; 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 Area shall no longer qualify for Federal funding.
(d) Aproval 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 within the Heritage
Area;
(B) is consistent with and complements continued
economic activity in the Heritage Area;
(C) has a high potential for effective partnership
mechanisms;
(D) infringes 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 subsection (d)(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 section 406(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 title
shall not be expended to implement an amendment described in
paragraph (1) until the Secretary approves the amendment.

SEC. 407. 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 title to--
(1) make grants to, and enter into cooperative agreements
with, a State (including a political subdivision), a 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 in the Heritage Area;
(ii) developing recreational resources in the
Heritage Area;
(iii) increasing public awareness of and
appreciation for the archaeological,
historical, cultural, natural, scenic, and
recreational resources and sites in the
Heritage Area; 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 Area;
(B) encourage economic viability and diversity in the
Heritage Area 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 throughout the
Heritage Area;
(2) consider the interests of diverse governmental, business,
and nonprofit groups within the Heritage Area;
(3) conduct public meetings within the Heritage Area 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 title--
(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
title 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 Area.

SEC. 408. 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 Area; and
(B) providing education, interpretive, and
recreational opportunities, consistent with those
resources.
(b) Application of Federal Law.--The establishment of the Heritage
Area shall have no effect on the application of any Federal law to any
property within the Heritage Area.

SEC. 409. LAND USE REGULATION; APPLICABILITY OF FEDERAL LAW.

(a) Land Use Regulation.--Nothing in this title--
(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 title--
(1) imposes on the Heritage Area, as a result of the
designation of the Heritage Area, any regulation that is not
applicable to the area within the Heritage area as of the date
of enactment of this title; or
(2) authorizes any agency to promulgate a regulation that
applies to the Heritage Area solely as a result of the
designation under this title.

SEC. 410. AUTHORIZATION OF APPROPRIATIONS.

SEC. 411. TERMINATION OF AUTHORITY.

The authority of the Secretary to provide assistance under this
title terminates on the date that is 15 years after the date of
enactment of this title.

TITLE V--NORTHERN RIO GRANDE NATIONAL HERITAGE AREA

SEC. 501. SHORT TITLE.

This title may be cited as the ``Northern Rio Grande National
Heritage Area Act''.

SEC. 502. CONGRESSIONAL FINDINGS.

The Congress finds that--
(1) northern New Mexico encompasses a mosaic of cultures and
history, including eight Pueblos and the descendants of Spanish
ancestors who settled in the area in 1598;
(2) the combination of cultures, languages, folk arts,
customs, and architecture make northern new Mexico unique;
(3) the area includes spectacular natural, scenic, and
recreational resources;
(4) there is broad support from local governments and
interested individuals to establish a National Heritage Area to
coordinate and assist in the preservation and interpretation of
these resources;
(5) in 1991, the National Park Service study Alternative
Concepts for Commemorating Spanish Colonization identified
several alternatives consistent with the establishment of a
National Heritage Area, including conducting a comprehensive
archaeological and historical research program, coordinating a
comprehensive interpretation program, and interpreting a
cultural heritage scene; and
(6) establishment of a National Heritage Area in northern New
Mexico would assist local communities and residents in
preserving these unique cultural, historical and natural
resources.

SEC. 503. DEFINITIONS.

As used in this title--
(1) the term ``heritage area'' means the Northern Rio Grande
Heritage Area; and
(2) the term ``Secretary'' means the Secretary of the
Interior.

SEC. 504. NORTHERN RIO GRANDE NATIONAL HERITAGE AREA.

(a) Establishment.--There is hereby established the Northern Rio
Grande National Heritage Area in the State of New Mexico.
(b) Boundaries.--The heritage area shall include the counties of
Santa Fe, Rio Arriba, and Taos.
(c) Management Entity.--(1) The Northern Rio Grande National
Heritage Area, Inc., a non-profit corporation chartered in the State of
New Mexico, shall serve as the management entity for the heritage area.
(2) The Board of Directors for the management entity shall include
representatives of the State of New Mexico, the counties of Santa Fe,
Rio Arriba and Taos, tribes and pueblos within the heritage area, the
cities of Santa Fe, Espanola and Taos, and members of the general
public. The total number of Board members and the number of Directors
representing State, local and tribal governments and interested
communities shall be established to ensure that all parties have
appropriate representation on the Board.

SEC. 506. AUTHORITY AND DUTIES OF THE MANAGEMENT ENTITY.

(a) Management Plan.--(1) Not later than 3 years after the date of
enactment of this title, the management entity shall develop and
forward to the Secretary a management plan for the heritage area.
(2) The management entity shall develop and implement the
management plan in cooperation with affected communities, tribal and
local governments and shall provide for public involvement in the
development and implementation of the management plan.
(3) The management plan shall, at a minimum--
(A) provide recommendations for the conservation, funding,
management, and development of the resources of the heritage
area;
(B) identify sources of funding;
(C) include an inventory of the cultural, historical,
archaeological, natural, and recreational resources of the
heritage area;
(D) provide recommendations for educational and interpretive
programs to inform the public about the resources of the
heritage area; and
(E) include an analysis of ways in which local, State,
Federal, and tribal programs may best be coordinated to promote
the purposes of this title.
(4) If the management entity fails to submit a management plan to
the Secretary as provided in paragraph (1), the heritage area shall no
longer be eligible to receive Federal funding under this title until
such time as a plan is submitted to the Secretary.
(5) The Secretary shall approve or disapprove the management plan
within 90 days after the date of submission. If the Secretary
disapproves the management plan, the Secretary shall advise the
management entity in writing of the reasons therefor and shall make
recommendations for revisions to the plan.
(6) The management shall periodically review the management plan
and submit to the Secretary any recommendations for proposed revisions
to the management plan. Any major revisions to the management plan must
be approved by the Secretary.
(b) Authority.--The management entity may make grants and provide
technical assistance to tribal and local governments, and other public
and private entities to carry out the management plan.
(c) Duties.--The management entity shall--
(1) give priority in implementing actions set forth in the
management plan;
(2) coordinate with tribal and local governments to better
enable them to adopt land use policies consistent with the
goals of the management plan; and
(3) encourage by appropriate means economic viability in the
heritage area consisent with the goals of the management plan;
and
(4) assist local and tribal governments and non-profit
organizations in--
(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 cultural, historical, archaeological and
natural resources and sits in the heritage area;
(D) the restoration of historic structures related to
the heritage area; and
(E) carrying out other actions that the management
entity determines appropriate to fulfill the purposes
of this title, consistent with the management plan.
(d) Prohibition on Acquiring Real Property.--The management entity
may not use Federal funds received under this title to acquire real
property or an interest in real property.
(e) Public Meetings.--The management entity shall hold public
meetings at least annually regarding the implementation of the
management plan.
(f) Annual Reports and Audits.--(1) For any year in which the
management entity receives Federal funds under this title, the
management entity shall submit an annual report to the Secretary
setting forth accomplishments, expenses and income, and each entity to
which any grant was made by the management entity.
(2) The management entity shall make available to the Secretary for
audit all records relating to the expenditure of Federal funds and any
matching funds. The management entity shall also require, for all
agreements authorizing expenditure of Federal funds by other
organizations, that the receiving organization make available to the
Secretary for audit all records concerning the expenditure of those
funds.

SEC. 506. DUTIES OF THE SECRETARY.

(a) Technical and Financial Assistance.--The Secretary may, upon
request of the management entity, provide technical and financial
assistance to develop and implement the management plan.
(b) Priority.--In providing assistance under subsection (a), the
Secretary shall give priority to actions that facilitate--
(1) the conservation of the significant natural, cultural,
historical, archaeological, scenic, and recreational resources
of the heritage area; and
(2) the provision of educational, interpretive, and
recreational opportunities consistent with the resources and
associated values of the heritage area.

SEC. 507. SAVINGS PROVISIONS.

(a) No Effect on Private Property.--Nothing in this title shall be
construed--
(1) to modify, enlarge, or diminish any authority of Federal,
State, or local governments to regulate any use of privately
owned lands; or
(2) to grant the management entity any authority to regulate
the use of privately owned lands.
(b) Tribal Lands.--Nothing in this title shall restrict or limit a
tribe from protecting cultural or religious sites on tribal lands.
(c) Authority of Governments.--Nothing in this title shall--
(1) modify, enlarge, or diminish any authority of Federal,
State, tribal, or local governments to manage or regulate any
use of land as provided for by law or regulation; or
(2) authorize the management entity to assume any management
authorities over such lands.
(d) Trust Responsibilities.--Nothing in this title shall diminish
the Federal government's trust responsibilities or government-to-
government obligations to any Federally recognized Indian tribe.

SEC. 508. SUNSET.

The authority of the Secretary to provide assistance under this
title terminates on the date that is 15 years after the date of
enactment of this title.

SEC. 509. AUTHORIZATION OF APPROPRIATIONS.

TITLE VI--NATIONAL MORMON PIONEER HERITAGE AREA

SEC. 601. SHORT TITLE.

This title may be cited as the ``National Mormon Pioneer Heritage
Area Act.''.

SEC. 602. FINDINGS AND PURPOSE.

(a) Findings.--Congress finds that--
(1) the historical, cultural, and natural heritage legacies
of Mormon colonization and settlement are nationally
significant;
(2) in the area starting along the Highway 89 corridor at the
Arizona border, passing through Kane, Garfield, Piute, Sevier,
Wayne, and Sanpete Counties in the State of Utah, and
terminating in Fairview, Utah, there are a variety of heritage
resources that demonstrate--
(A) the colonization of the western United States;
and
(B) the expansion of the United States as a major
world power;
(3) the great relocation to the western United States was
facilitated by--
(A) the 1,400 mile trek from Illinois to the Great
Salt Lake by the Mormon pioneers; and
(B) the subsequent colonization effort in Nevada,
Utah, the southeast corner of Idaho, the southwest
corner of Wyoming, large areas of southeastern Oregon,
much of southern California, and areas along the
eastern border of California;
(4) the 250-mile Highway 89 corridor from Kanab to Fairview,
Utah, contains some of the best features of the Mormon
colonization experience in the United States;
(5) the landscape, architecture, traditions, beliefs, folk
life, products, and events along Highway 89 convey the heritage
of the pioneer settlement;
(6) the Boulder Loop, Capitol Reef National Park, Zion
National Park, Bryce
Canyon National Park, and the Highway 89 area convey the compelling
story of how early settlers--
(A) interacted with Native Americans; and
(B) established towns and cities in a harsh, yet
spectacular, natural environment;
(7) the colonization and settlement of the Mormon settlers
opened up vast amounts of natural resources, including coal,
uranium, silver, gold, and copper;
(8) the Mormon colonization played a significant role in the
history and progress of the development and settlement of the
western United States; and
(9) the artisans, crafters, innkeepers, outfitters, historic
landscape, customs, national parks, and architecture in the
Heritage Area make the Heritage Area unique.
(b) Purpose.--The purpose of this title is to establish the
Heritage Area to--
(1) foster a close working relationship with all levels of
government, the private sector, residents, business interests,
and local communities in the State;
(2) empower communities in the State to conserve, preserve,
and enhance the heritage of the communities while strengthening
future economic opportunities;
(3) conserve, interpret, and develop the historical,
cultural, natural, and recreational resources within the
Heritage Area; and
(4) expand, foster, and develop heritage businesses and
products relating to the cultural heritage of the Heritage
Area.

SEC. 603. DEFINITIONS.

In this title:
(1) Alliance.--The term ``Alliance'' means the Utah Heritage
Highway 89 Alliance.
(2) Board.--The term ``Board'' means the Board of Directors
of the Alliance.
(3) Heritage area.--The term ``Heritage Area'' means the
National Mormon Pioneer Heritage Area established by section
604(a).
(4) Management plan.--The term ``management plan'' means the
plan developed by the Board under section 606(a).
(5) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(6) State.--The term ``State'' means the State of Utah.

SEC. 604. NATIONAL MORMON PIONEER HERITAGE AREA.

(a) Establishment.--There is established the National Mormon
Pioneer Heritage Area.
(b) Boundaries.--
(1) In general.--The boundaries of the Heritage Area shall
include areas in the State that are--
(A) related to the corridors--
(i) from the Arizona border northward through
Kanab, Utah, and to the intersection of Highway
89 and Highway 12, including Highway 12 and
Highway 24 as those highways loop off Highway
89 and rejoin Highway 89 at Sigurd;
(ii) from Highway 89 at the intersection of
Highway 12 through Panguitch, Junction,
Marysvale, and Sevier County to Sigurd;
(iii) continuing northward along Highway 89
through Axtell and Sterling, Sanpete County, to
Fairview, Sanpete County, at the junction with
Utah Highway 31; and
(iv) continuing northward along Highway 89
through Fairview and Thistle Junction, to the
junction with Highway 6; and
(B) located in the following communities: Kanab, Mt.
Carmel, Orderville, Glendale, Alton, Cannonville,
Tropic, Henrieville, Escalante, Boulder, Teasdale,
Fruita, Hanksville, Torrey, Bicknell, Loa, Hatch,
Panquitch, Circleville, Antimony, Junction, Marysvale,
Koosharem, Sevier, Joseph, Monroe, Elsinore, Richfield,
Glenwood, Sigurd, Aurora, Salina, Mayfield, Sterling,
Gunnison, Fayette, Manti, Ephraim, Spring City, Mt.
Pleasant, Moroni, Fountain Green, and Fairview.
(2) Map.--The Secretary shall prepare a map of the Heritage
Area, which shall be on file and available for public
inspection in the office of the Director of the National Park
Service.
(3) Notice to local governments.--The Alliance shall provide
to the government of each city, town, and county that has
jurisdiction over property proposed to be included in the
Heritage Area written notice of the proposed inclusion.
(c) Administration.--The Heritage Area shall be administered in
accordance with this title.

SEC. 605. DESIGNATION OF ALLIANCE AS MANAGEMENT ENTITY.

(a) In General.--The Alliance shall be the management entity for
the Heritage Area.
(b) Federal Funding.--
(1) Authorization to receive funds.--The Alliance may receive
amounts made available to carry out this title.
(2) Disqualification.--If a management plan is not
submitted to the Secretary as required under section
606 within the time period specified in that section,
the Alliance may not receive Federal funding under this
title until a management plan is submitted to the
Secretary.
(c) Use of Federal Funds.--The Alliance may, for the purposes of
developing and implementing the management plan, use Federal funds made
available under this title--
(1) to make grants and loans to the State, political
subdivisions of the State, nonprofit organizations, and other
persons;
(2) to enter into cooperative agreements with or provide
technical assistance to the State, political subdivisions of
the State, nonprofit organizations, and other organizations;
(3) to hire and compensate staff;
(4) to obtain funds from any source under any program or law
requiring the recipient of funds to make a contribution in
order to receive the funds; and
(5) to contract for goods and services.
(d) Prohibition of Acquisition of Real Property.--The Alliance may
not use Federal funds received under this title to acquire real
property or any interest in real property.

SEC. 606. MANAGEMENT OF THE HERITAGE AREA.

(a) Heritage Area Management Plan.--
(1) Development and submission for review.--Not later than 3
years after the date of enactment of this title, the Board,
with public participation, shall develop and submit for review
to the Secretary a management plan for the Heritage Area.
(2) Contents.--The management plan shall--
(A) present comprehensive recommendations for the
conservation, funding, management, and development of
the Heritage Area;
(B) take into consideration Federal, State, county,
and local plans in effect on the date of enactment of
this title;
(C) involve residents, public agencies, and private
organizations in the Heritage Area;
(D) include a description of actions that units of
government and private organizations are recommended to
take to protect the resources of the Heritage Area;
(E) specify existing and potential sources of Federal
and non-Federal funding for the conservation,
management, and development of the Heritage Area; and
(F) include--
(i) an inventory of resources in the Heritage
Area that--
(I) includes a list of property in
the Heritage Area that should be
conserved, restored, managed,
developed, or maintained because of the
historical, cultural, or natural
significance of the property as the
property relates to the themes of the
Heritage Area; and
(II) does not include any property
that is privately owned unless the
owner of the property consents in
writing to the inclusion;
(ii) a recommendation of policies for
resource management that consider the
application of appropriate land and water
management techniques, including policies for
the development of intergovernmental
cooperative agreements to manage the
historical, cultural, and natural resources and
recreational opportunities of the Heritage Area
in a manner that is consistent with the support
of appropriate and compatible economic
viability;
(iii) a program for implementation of the
management plan, including plans for
restoration and construction;
(iv) a description of any commitments that
have been made by persons interested in
management of the Heritage Area;
(v) an analysis of means by which Federal,
State, and local programs may best be
coordinated to promote the purposes of this
title; and
(vi) an interpretive plan for the Heritage
Area.
(3) Approval or disapproval of the management plan.--
(A) In general.--Not later than 180 days after
submission of the management play by the Board, the
Secretary shall approve or disapprove the management
plan.
(B) Disapproval and revisions.--
(i) In general.--If the Secretary disapproves
the management plan, the Secretary shall--
(I) advise the Board, in writing, of
the reasons for the disapproval; and
(II) make recommendations for
revision of the management plan.
(ii) Approval or disapproval.--The Secretary
shall approve or disapprove proposed revisions
to the management plan not later than 60 days
after receipt of the revisions from the Board.
(b) Priorities.--The Alliance shall give priority to the
implementation of actions, goals, and policies set forth in the
management plan, including--
(1) assisting units of government, regional planning
organizations, and nonprofit organizations in--
(A) conserving the historical, cultural, and natural
resources of the Heritage Area;
(B) establishing maintaining interpretive exhibits in
the Heritage Area;
(C) developing recreational opportunities in the
Heritage Area;
(D) increasing public awareness of and appreciation
for the historical, cultural, and natural resources of
the Heritage Area;
(E) restoring historic buildings that are--
(i) located within the boundaries of the
Heritage Area; and
(ii) related to the theme of the Heritage
Area; and
(F) ensuring that clear, consistent, and
environmentally appropriate signs identifying access
points and sites of interest are put in place
throughout the Heritage Area; and
(2) consistent with the goals of the management plan,
encouraging economic viability in the affected communities by
appropriate means, including encouraging and soliciting the
development of heritage products.
(c) Consideration of Interests of Local Groups.--In developing and
implementing the management plan, the Board shall consider the
interests of diverse units of government, businesses, private property
owners, and nonprofit organizations in the Heritage Area.
(d) Public Meetings.--The Board shall conduct public meetings at
least annually regarding the implementation of the management plan.
(e) Annual Reports.--For any fiscal year in which the Alliance
receives Federal funds under this title or in which a loan made by the
Alliance with federal funds under section 605(c)(1) is outstanding, the
Alliance shall submit to the Secretary an annual report that
describes--
(1) the accomplishments of the Alliance;
(2) the expenses and income of the Alliance; and
(3) the entities to which the Alliance made any loans or
grants during the year for which the report is made.
(f) Cooperation with Audits.--For any fiscal year in which the
Alliance receives Federal funds under this title or in which a loan
made by the Alliance with federal funds under section 605(c)(1) is
outstanding, the Alliance shall--
(1) make available for audit by Congress, the Secretary, and
appropriate units of government all records and other
information relating to the expenditure of the Federal funds
and any matching funds; and
(2) require, with respect to all agreements authorizing
expenditure of the Federal funds by other organizations, that
the receiving organizations make available for audit all
records and other information relating to the expenditure of
the Federal funds.
(g) Delegation.--
(1) In general.--The Alliance may delegate the
responsibilities and actions under this section for each area
identified in section 604(b)(1).
(2) Review.--All delegated responsibilities and actions are
subject to review and approval by the Alliance.

SEC. 607 DUTIES AND AUTHORITIES OF FEDERAL AGENCIES.

(a) Technical Assistance and Grants.--
(1) In general.--The Secretary may provide technical
assistance and, subject to the availability of appropriations,
grants to.--
(A) units of government, nonprofit organizations, and
other persons, at the request of the Alliance; and
(B) the Alliance, for use in developing and
implementing the management plan.
(2) Prohibition of certain requirements.--The Secretary may
not, as a condition of the award of technical assistance or
grants under this section, require any recipient of the
technical assistance or a grant to enact or modify any land use
restrictions.
(3) Determinations regarding assistance.--The Secretary shall
determine whether a unit of government, nonprofit organization,
or other person shall be awarded technical assistance or grants
and the amount of technical assistance--
(A) based on the extent to which the assistance--
(i) fulfills the objectives of the management
plan; and
(ii) achieves the purposes of this title; and
(B) after giving special consideration to projects
that provide a greater leverage of Federal funds.
(b) Provision of Information.--In cooperation with other Federal
agencies, the Secretary shall provide the public with information
concerning the location and character of the Heritage Area.
(c) Other Assistance.--The Secretary may enter into cooperative
agreements with public and private organizations for the purposes of
implementing this section.
(d) Duties of Other Federal Agencies.--A Federal entity conducting
any activity directly affecting the Heritage Area shall--
(1) consider the potential effect of the activity on the
management plan; and
(2) consult with the Alliance with respect to the activity to
minimize the adverse effects of the activity on the Heritage
Area.

SEC. 608 NO EFFECT ON LAND USE AUTHORITY AND PRIVATE PROPERTY.

(a) No Effect on Land Use Authority.--Nothing in this title
modifies, enlarges, or diminished any authority of Federal, State, or
local government to regulate any use of land under any other law
(including regulations).
(b) No Zoning or Land Use Powers.--Nothing in this title grants
powers of zoning or land use control to the Alliance.
(c) Local Authority and Private Property Not Affected.--Nothing
this title affects or authorizes the Alliance to interfere with--
(1) the right of any person with respect to private property;
or
(2) any local zoning ordinance or land use plan of the State
or a political subdivision of the State.

SEC. 609. AUTHORIZATION OF APPROPRIATIONS.

(a) In General.--There is authorized to be appropriated to carry
out this title $10,000,000, of which not more than $1,000,000 may be
made available for any fiscal year.
(b) Federal Share.--The Federal share of the cost of any activity
carried out using funds made available under this title shall not
exceed 50 percent.

SEC 610. TERMINATION OF AUTHORITY

The authority of the Secretary to provide assistance under this
title terminates on the date that is 15 years after the date of
enactment of this title.

TITLE VII--JOHN H. CHAFEE BLACKSTONE RIVER VALLEY NATIONAL HERITAGE
CORRIDOR

SEC. 701. AUTHORIZATION OF APPROPRIATIONS.

Section 10 of Public Law 99-647 (16 U.S.C. 461 note) is amended by
striking subsection (b) and inserting the following:
``(b) Development Funds.--There is authorized to be appropriated to
carry out section 8(c) for the period of fiscal years 2003 through 2007
and not more than $5,000,000, to remain available until expended.''.

Purpose

The purpose of H.R. 695, as ordered reported, is to
designate six national heritage areas, including the Oil Region
Heritage Area in Pennsylvania; Arabia Mountain National
Heritage Area in Georgia; Freedom's Way National Heritage Area
in Massachusetts and New Hampshire; Great Basin National
Heritage Area in Utah and Nevada; Northern Rio Grande National
Heritage Area in New Mexico; and the National Mormon Pioneer
Heritage Area in Utah. H.R. 695 also authorizes additional
appropriations for the John H. Chafee Blackstone River Valley
National Heritage Corridor in Massachusetts and Rhode Island.

Background and Need

In recent years, there has been considerable interest
across the Nation in the designation of national heritage
areas, reflecting a need for Federal assistance to private,
local and State efforts to preserve important areas
commemorating our national heritage. As ordered reported, H.R.
695 would designate six new national heritage area and
authorize additional appropriations for an existing national
heritage corridor.
As passed by the House of Representatives, and as ordered
reported by the Committee on Energy and Natural Resources, H.R.
695 would authorize the established of the Oil Region National
Heritage Area in a part of northerwestern Pennsylvania that is
significant in the history of worldwide oil exploration. The
first successful oil well was drilled in this region in 1859
and fill-size replica of Edwin Drake's oil well can be seen
today in Titusville. Other resources within the Oil Region that
will be commemorated and preserved by the National Heritage
Area include six national historic districts, 17 separate
National Register sites, and the Allegheny River, a designated
component of the national Wild and Scenic River System.
In addition, as ordered reported by the Committee on Energy
and Natural Resources, title II of H.R. 695 would designate an
area southeast of Atlanta as the Arabia Mountain National
Heritage Area. There is a long and important history of local
quarries in the numerous granite outcrops in this region. The
heritage area would focus on these quarries and their history,
as well as on nearby natural resources, including the Davidson-
Arabia Nature Preserve, Panola Mountain State Conservation
Park, and local trails and greenways. According to the Arbia
Mountain National Heritage Area feasibility study, ``the
National Heritage Area would be a greenway system encompassing
key natural sites and linking resources, from north to south
and along the South River. The story and thematic focus will
focus on the outstanding natural environment and unique granite
monadnocks, explaining, the early settlement of the area, the
development and decline of the quarry industry, and the
recovery of the landscape.''
Title III of H.R. 695 would establish Freedom's Way
National Heritage Area in 36 Massachusetts communities and six
New Hampshire communities. This heritage areas would
commemorate three major characteristics of this region. First,
the heritage area would memorialize and protect the varied
geological features of the land, native settlements and
archaeological sites. A second component of the heritage area
would center on the settlers themselves and the rise of town
centers, the surrounding farms and the birth of Northern
capitalism. Third, the area would commemorate the beginnings of
democracy in this area of the country, which can be traced back
to the seventeenth century in some of the communities in this
region.
Title IV of H.R. 695 would designate the Great Basin
National Heritage Area in Nevada and Utah. The geography of the
Great Basin contains long natural vistas, isolated high desert
valleys and mountain ranges, mining districts, historic
railroads, archaeological sites and tribal communities.
Following thousands of years of Native American habitation,
this area was settled by Mormon and other religious pioneers,
followed by Greek, Chinese, Basque, Serb, Croat, Italian, and
Hispanic immigrants. The Great Basin also was one of the areas
used for internment camps for Japanese-American citizens during
World War II, one of which, Topaz, was located within the
proposed heritage area. Pony Express routes and stations and
the Overland Stage are also located within this heritage area.
Finally, it is also home to many biologically diverse
ecological communities, including bristlecone pines, the oldest
living trees in the world.
Title V of H.R. 695 would establish the Northern Rio Grande
National Heritage Area in northern New Mexico along the Rio
Grande River. This area includes the cities of Taos and Santa
Fe and the community of San Juan Pueblo. The rich history of
this region predates Spanish settlement in 1598--the Taos
Pueblo has been continuously inhabited for over one thousand
years. The Nation's oldest church and first Spanish Mission can
be found in Santa Fe and the San Juan Pueblo, respectively. The
heritage area would commemorate the important intertwined
history of the pueblos and Spanish settlement in this region.
Title VI of the bill designates the National Mormon Pioneer
Heritage Area in six counties within southern Utah. This
heritage area commemorates Mormon colonization dating back to
the mid 1800's, which played a significant role in the history
of the development and settlement of the Western United States.
The heritage area will tell the story of Mormon ranching,
farming, mining, and interaction with Native Americans--a
record of the struggles of settling an unknown region as well
as federal public land policies in the West.
Title VII of H.R. 695 would authorize an additional $5
million for the John H. Chafee Blackstone River Valley National
Heritage Corridor, which was established in 1986. The
Blackstone River, gracefully winding through 24 communities in
the States of Massachusetts and Rhode Island, served as the
birthplace of the American Industrial Revolution. Slater Mill,
founded in the 1790's by Samuel Slater, was the first to adapt
English machine technology for cotton-yard manufacturing, using
the power of water wheels. The success of Slater Mill brought
factory-based mass production to this country, which had
profound economic and social consequences for the nation. The
increase in the authorization of appropriations for the
existing National Heritage Corridor will help commemorate this
part of American History.

Legislative History

H.R. 695, establishing the Oil Region National Heritage
Area, was introduced by Representative Peterson on January 3,
2001. The House of Representatives passed H.R. 695 by voice
vote on September 10, 2001. Companion legislation, S. 1441, was
introduced by Senators Santorum and Specter on September 20,
2001. S. 1526, establishing the Arabia Mountain National
Heritage Area, was introduced by Senator Cleland on October 10,
2001. A similar measure, S. 679 was also introduced by Senator
Cleland on April 3, 2001 and referred to the Committee.
Companion measures were also introduced--H.R. 1621, introduced
by Representative McKinney on April 26, 2001 was the companion
to S. 679, and H.R. 3237, the companion to S. 1526 was
introduced by Representatives McKinney, Linder Lews (Georgia)
and Bonior on November 6, 2001. S. 1939, establishing the Great
Basin National Heritage Area, was introduced by Senators Reid,
Bennett, Hatch and Ensign on February 13, 2002. A companion
measure, H.R. 4934, was introduced by Representative Gibbons on
June 13, 2002. S. 2033, authorizing appropriations for the John
H. Chafee Blackstone River Valley National Heritage Corridor,
was introduced by Senators Chafee, Reed, Kerry and Kennedy on
March 19, 2002. A companion measure, H.R. 4004, was introduced
by Representatives Kennedy of Rhode Island, Langevin, McGovern,
and Neal of Massachusetts on March 19, 2002. The Subcommittee
on National Parks held a hearing on all of these bills on April
18, 2002.
S. 1925, establishing the Freedom's Way National Heritage
Area, was introduced by Senator Kerry on February 8, 2002. The
bill is cosponsored by Senator Kennedy and Senator Gregg. A
companion measure, H.R. 1027, was introduced by Representatives
Olver, Meehan, Tierney, McGovern, Bass, and Markey on March 14,
2001. S. 2196, establishing the Mormon Pioneer National
Heritage Area, was introduced by Senator Bennett on April 18,
2002. S. 2576, establishing the Northern Rio Grande National
Heritage Area, was introduced by Senator Bingaman on June 4,
2002. A companion measure, H.R. 5239, was introduced on July
25, 2002 by Representative Udall. The Subcommittee on National
Parks held a hearing on these bills on June 20, 2002.
The Committee on Energy and Natural Resources ordered H.R.
695 favorably reported, as amended, on July 31, 2002.

Committee Recommendation

The Committee on Energy and Natural Resources, in open
business session on July 31, 2002, by a voice vote of a quorum
present, recommends that the Senate pass H.R. 695, if amended
as described herein.

Committee Amendment

During the consideration of H.R. 695 the Committee adopted
an amendment in the nature of a substitute which consolidates
seven heritage bills into a single omnibus heritage area bill.
The seven heritage areas included within H.R. 695 are: the Oil
Region National Heritage Area, which was included in H.R. 695
as passed by the House of Representatives; the Arabia Mountain
National Heritage Area (S. 1526); the Freedom's Way National
Heritage Area (S. 1925); the Great Basin National Heritage Area
(S. 1939); the Northern Rio Grande National Heritage Area (S.
2576); the National Mormon Pioneer Heritage Area (S. 2196); and
the John H. Chafee Blackstone River Valley National Heritage
Corridor (S. 2033).
The substitute amendment also made several clarifying and
conforming changes to the bill to make the authorizations for
all of the heritage areas more consistent. In addition, the
authorization for additional appropriations at the John H.
Chafee Blackstone River Valley National Heritage Corridor was
reduced from $10 million to $5 million over the fiscal year
2003 through fiscal year 2007 period.
The amendment is described in detail in the section-by-
section analysis, below.

Section-by-Section Analysis

Section 1 entitles the bill the ``Omnibus National Heritage
Area Act of 2002.''
Section 2 lists the table of contents.

TITLE I--OIL REGION NATIONAL HERITAGE AREA

Section 101 defines key terms.
Section 102 sets forth the findings and purpose.
Section 103 establishes the Oil Region National Heritage
Area as depicted on the referenced map. A nonprofit management
corporation, Oil Heritage Region, Inc., shall be designated the
management entity and shall oversee the development of a
management plan for the heritage area.
Section 104 directs the Secretary of the Interior to enter
into a memorandum of understanding with the management entity.
The memorandum of understanding shall include the goals and
objectives for management of the area and the proposed approach
to the conservation, interpretation and protection of the
resources of the Heritage Area.
Section 105 (a) provides the management entity with the
ability to use funds for preparing, updating and implementing
the management plan. The funds may be used for making grants,
entering into cooperative agreements, hiring and compensating
staff and undertaking initiatives that advance the Heritage
Area.
Subsection (b) requires the management entity to prepare a
management plan for the heritage area and sets forth the
elements of the plan.
Subsection (c) requires the management entity to submit the
management plan within two years after funds are made available
for the title. If the management plan is not submitted within
the required time frame, the management entity will no longer
qualify for Federal assistance.
Subsection (d) establishes the duties of the management
entity.
Subsection (e) states that Federal funds may not be used by
the management entity to acquire real property or an interest
in real property.
Section 106 sets forth the duties and authorities of the
Secretary. Subsection (a) authorizes technical and financial
assistance to the management entity on a reimbursable or a non-
reimbursable basis.
Subsection (b) requires the Secretary, in consultation with
the Governor of Pennsylvania, to approve or disapprove the
management plan within ninety days of receipt of the plan and
sets forth the criteria for review.
Subsection (c) provides the management entity with the
opportunity to make recommended changes to the management plan,
if it is disapproved, in order to receive approval.
Subsection (d) provides that the Secretary will review and
approve all significant changes to the original management
plan. Funds may not be used to implement changes until such
time as the changes are approved by the Secretary.
Section 107 sets forth the duties of other Federal
entities.
Section 108 states that nothing in this title shall
preclude the management entity from using Federal funds
available under Acts.
Section 109 authorizes to be appropriated $10,000,000 to
carry out this title with no more than $1,000,000 authorized to
be appropriated in any given fiscal year. The Federal share may
not exceed 50 percent of the total cost of any activity.
Section 110 terminates the authority of the Secretary to
assist the management entity 15 years after the date of
enactment.

TITLE II--ARABIA MOUNTAIN NATIONAL HERITAGE AREA

Section 201 entitles this title the ``Arabia Mountain
National Heritage Area Act of 2002.''
Section 202 sets forth findings and purposes.
Section 203 defines key terms.
Section 204 establishes the Arabia Mountain National
Heritage Area. The Arabia Mountain Heritage Area Alliance is
designated as the management entity for the heritage area.
Section 205 establishes the authorities and duties of
management entity.
Section 206 sets forth requirements for development and
approval of the management plan and is self-explanatory
Section 207 states that the Secretary of the Interior may
provide technical and financial assistance upon request by the
management entity for the development and implementation of the
management plan. Priority will be given to actions that
facilitate conservation of significant resources and for
opportunities consistent with the resources and values of the
heritage area.
Section 208 states that the title does not impose
additional occupational, safety, conservation or environmental
regulations on the heritage area. In addition, land use
authority is not affected by the title and the management
entity will not have zoning or land use power.
Section 209 authorizes $10,000,000 to be appropriated to
carry out this title, with no more than $1,000,000 authorized
to be appropriated in any given fiscal year. The Federal share
may not exceed 50 percent of the total cost to any given
activity.
Section 210 terminates the authority of the Secretary to
assist the management entity 15 years after the date of
enactment.

TITLE III--FREEDOM'S WAY NATIONAL HERITAGE AREA

Section 301 entitles this title as the ``Freedom's Way
National Heritage Area Act.''
Section 302 sets forth congressional findings and purposes.
Section 303 defines key terms.
Section 304 establishes the Freedom's Way National Heritage
Area with boundaries as depicted on the referenced map. The
Freedom's Way Heritage Association, Inc. will serve as the
management entity.
Section 305 sets forth requirements for development,
approval, and amendment of the management plan and are self-
explatory.
Section 306 establishes the authorities and duties of the
management entity.
Section 307 states that the Secretary of the Interior may
provide technical and financial assistance upon request by the
management entity, for the development and implementation of
the management plan. Priority will be given to actions that
facilitate conservation of significant resources and for
opportunities consistent with the resources of the heritage
area.
Section 308 states that the management entity shall work
with all governments and organizations involved in the heritage
area to protect the resources of the heritage area. This title
does not affect State or local government authority in land use
regulation, nor does it provide the management entity with the
zoning or land use authority. Private property rights are not
affected, and nothing in the title imposes any additional
burden on any property owner.
Section 309 authorizes to be appropriated $10,000,000 to
carry out this title, with no more than $1,000,000 authorized
to be appropriated in any given fiscal year. The Federal share
may not exceed 50 percent of the total cost of any given
activity.
Section 310 terminates the authority of the Secretary to
assist the management entity 15 years after the date of
enactment.

TITLE IV--GREAT BASIN NATIONAL HERITAGE AREA

Section 401 entitles this title the ``Great Basin National
Heritage Area Act of 2002.''
Section 402 sets forth congressional findings and purposes.
Section 403 defines key terms.
Section 404 establishes the Great Basin National Heritage
Area, consisting of the historical, cultural, natural, scenic
and recreational resources found in White Pine County, Nevada,
Millard County, Utah and the Duckwater Shoshone Reservation in
Nye County, Nevada. The Great Basin Heritage Area Partnership
is designated as the management entity and governed by a board
of directors consisting of members from the counties involved
and each Native American Tribe participating in the Heritage
Area.
Section 405 directs the Secretary of the Interior, in
consultation with the Governors of the States of Nevada and
Utah and each participating tribe, and following opportunities
for local participation, to enter into a memorandum of
understanding with the management entity. The memorandum of
understanding will provide the objectives for the management of
the heritage area.
Section 406 provides for the development, approval, and
amendment of the management plan and is self-explantory.
Section 407 sets forth the authority and duties of
management entity and is self-explanatory.
Section 408 authorizes the Secretary of the Interior to
provide technical and financial assistance upon request by the
management entity, for the development and implementation of
the management plan. Priority will be given to actions that
facilitate conservation of significant resources and for
opportunities consistent with the resources of the heritage
area. The establishment of the Heritage Area shall have no
effect on the application of any Federal law to any property
within the heritage area.
Section 409 describes land use regulations and the
applicability of Federal law and is self-explanatory.
Section 410 authorizes to be appropriated $10,000,000 to
carry out this title, with no more than $1,000,000 authorized
to be appropriated in any given fiscal year. The Federal share
may not exceed 50 percent of the total cost of any given
activity.
Section 411 terminates the authority of the Secretary to
assist the management entity 15 years after the date of
enactment.

TITLE V--NOTHERN RIO GRANDE NATIONAL HERITAGE AREA

Section 501 entitles this title the ``Northern Rio Grande
National Heritage Area Act.''
Section 502 sets forth congressional findings.
Section 503 defines key terms.
Section 504 establishes the Northern Rio Grande National
Heritage Area encompassing the counties of Santa Fe, Rio
Arriba, and Taos. The Northern Rio Grande National Heritage
Area, Inc. shall be designated as the management entity and a
Board of Directors for the management entity shall be
established, including representatives of designated parties.
Section 505 sets forth the authorities and duties of
management entity.
Section 506 states that the Secretary of the Interior may
provide technical and financial assistance upon request by the
management entity for the development and implementation of the
management plan. Priority will be given to actions that
facilitate conservation of significant resources and for
opportunities consistent with the resources of the heritage
area.
Section 507 states that this section does not affect in any
way any authority of any government to regulate the use of
private lands within the heritage area or grant the management
entity authority to regulate privately owned lands or affect
the Federal Government's trust responsibilities and the
government-to-government obligations to any federally
recognized Indian tribes.
Section 508 terminates the authority to assist the
management entity 15 years after the date of enactment.
Section 509 authorizes to be appropriated $10,000,000 to
carry out this title, with no more than $1,000,000 authorized
to be appropriated in any given fiscal year. The Federal share
may not exceed 50 percent of the total costs of any given
activity.

TITLE VI--NATIONAL MORMON PIONEER HERITAGE AREA

Section 601 entitles the title the ``National Mormon
Pioneer Heritage Area Act.''
Section 602 sets forth congressional findings and purposes.
Section 603 defines key terms.
Section 604 establishes the National Mormon Pioneer
Heritage Area and designates the boundaries of the heritage
area. The Secretary of the Interior shall prepare and maintain
on file a map of the area and require that all governments with
jurisdiction over property within the heritage area be notified
of potential inclusion in the heritage area.
Section 605 designates the Utah Heritage Highway 89
Alliance as the management entity and authorizes it to receive
funds on behalf of the heritage area. This section also
prohibits the management entity from continuing to receive
Federal funds if the management plan is not submitted within
three years, and authorizes the use of the Federal funds on
behalf of the management entity. The section prohibits the
Alliance from using federal funds to purchase real property or
any interest in real property.
Section 606 provides for the development, approval and
amendment of the management plan for the Heritage Area and is
self-explanatory.
Section 607 sets forth the duties and authorities of
Federal agencies and is self-explanatory.
Section 608 states that the establishment of the heritage
area will have no effect on the authority of any government to
regulate land use; no zoning or land use control will be given
to the management entity; and the Alliance is not authorized to
interfere with local zoning or land use authorities or private
property rights.
Section 609 authorizes to be appropriated $10,000,000 to
carry out this title, with no more than $1,000,000 authorized
to be appropriated in any given fiscal year. The Federal share
may not exceed 50 percent of the total cost of any given
activity.
Section 610 terminates the authority of the secretary to
assist the management entity 15 years after the date of
enactment.

TITLE VII--JOHN H. CHAFEE BLACKSTONE RIVER VALLEY NATIONAL HERITAGE
CORRIDOR

Section 701 amends section 10 of Public Law 99-647 (16
U.S.C. 461 note) by striking subsection (b) and inserting new
text authorizing no more than $5,000,000 to carry out section
8(c), for the period of fiscal years 2003 through 2007.

Cost and Budgetary Considerations

The following estimate of the cost of this measure has been
provided by the Congressional Budget Office:

U.S. Congress,
Congressional Budget Office,
Washington, DC, September 9, 2002.
Hon. Jeff Bingaman,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 695, the Omnibus
National Heritage Area Act of 2002.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Deborah Reis.
Sincerely,
Barry B. Anderson
(For Dan L. Crippen, Director).
Enclosure.

H.R. 695--Omnibus National Heritage Area Act of 2002

Summary: H.R. 695 would establish six national heritage
areas (NHA), which are nonfederal lands and communities managed
privately in conjunction with the National Park System. The
bill would authorize the appropriation of $10 million for each
NHA over the next 15 years. Each of the six NHAs would be
managed by a specified nonprofit organization under a
cooperative agreement with the National Park Service (NPS),
which would provide financial and technical assistance to
develop and implement management plans. In addition, the bill
would authorize the appropriation of $5 million over the 2003-
2007 perid for development of the John H. Chafee Blackstone
River Valley National Heritage Area in Rhode Island, and NPS
affiliated area.
Assuming appropriation of the authorized amounts, CBO
estimates that implementing H.R. 695 would cost the federal
government about $7 million in 2003 and $35 million over the
2003-2007 period. (We estimate that the remaining $30 million
authorized would be appropriated and spent after 2007.) The
bill would not affect direct spending or receipts; therefore,
pay-as-you-go procedures would not apply.
H.R. 695 contains no intergovernmental or private-sector
mandates as defined under the Unfunded Mandates Reform Act
(UMRA) and would impose no costs on state, local, and tribal
governments.
Estimated cost to the Federal Government: H.R. 695 would
establish the following national heritage areas:
Oil Region NHA in Pennsylvania;
Arabia Mountain NHA in Georgia;
Freedom's Way NHA in Massachusetts and New
Hampshire;
Great Basin NHA in Nevada and Utah;
Northern Rio Grande NHA in New Mexico; and
National Mormon Pioneer NHA in Utah.
The estimated cost of creating and developing the six NHAs
and developing the John H. Chafee Blackstone River Valley
National Heritage Corridor is summarized in the following
table. The costs of this legislation fall within budget
function 300 (natural resources and environment).

----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
--------------------------------------------
2003 2004 2005 2006 2007
----------------------------------------------------------------------------------------------------------------
Estimated Authorization Level...................................... 7 7 7 7 7
Estimated Outlays.................................................. 7 7 7 7 7
----------------------------------------------------------------------------------------------------------------

Basis of estimate: For this estimate, CBO assumes that $1
million, the maximum annual funding authorized by the bill,
will be appropriated for each of the six proposed heritage
areas annually over the next 10 years. Such funds would be used
for preparing and implementing management plans to conserve and
develop each area's natural, cultural and historical resources.
We further assume that $1 million of the $5 million authorized
to be appropriated for the John H. Chafee Blackstone River
Valley National Heritage Corridor will be appropriated for each
year through 2007. Outlays are based on historic spending
patterns for other NHAs and similar areas affiliated with
National Park System.
Pay-as-you-go considerations: None.
Intergovernmental and private-sector impact: H.R. 695
contains no intergovernmental or private-sector mandates as
defined under UMRA and would impose no costs on state, local,
or tribal governments.
Previous CBO estimate: On July 3, 2001, CBO prepared a cost
estimate for H.R. 695 as ordered reported by the House
Committee on Resources on June 23, 2001. The House version of
the legislation would establish only the Oil Region National
Heritage Area, while the Senate version would establish five
others as well as Oil Region. The Senate version also would
authorize the appropriation of $5 million for the John H.
Chafee Blackstone River Valley National Heritage Corridor. The
CBO cost estimates reflect these differences.
Estimate prepared by: Federal Costs: Deborah Reis; Impact
on State, Local, and Tribal Governments: Marjorie Miller; and
Impact on the Private Sector: Lauren Marks.
Estimate approved by: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.

Regulatory Impact Evaluation

In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out H.R. 695. The bill is not a regulatory measure in
the sense of imposing Government-established standards or
significant economic responsibilities on private individuals
and businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of H.R. 695, as ordered reported.

Executive Communications

On July 30, 2002 the Committee on Energy and Natural
Resources requested legislative reports from the Department of
the Interior and the Office of Management and Budget setting
forth Executive agency recommendations on H.R. 695 some of
these reports had not been received at the time the report on
H.R. 695 was filed. When the reports become available, the
Chairman will request that they be printed in the Congressional
Record for the advice of the Senate. The legislative reports
received by the Committee for S. 1526 (Arabia Mountain National
Heritage Area), S. 1925 (Freedom's Way National Heritage Area),
S. 2033 (John H. Chafee Blackstone River Valley National
Heritage Corridor), S. 2196 (National Mormon Pioneer Heritage
Area), and S. 2576 (Northern Rio Grande National Heritage Area)
follow, as well as the testimony provided by the Park Service
at the Subcommittee hearing on H.R. 695 (Oil Region National
Heritage Area) and S. 1939 (Great Basin National Heritage Area)
are set forth below:

Department of the Interior,
Office of the Secretary,
Washington, DC, July 1, 2002.
Hon. Jeff Bingaman,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: This letter sets forth the Department's
views on S. 1925, a bill to establish the Freedom's Way
National Heritage Area in the Commonwealth of Massachusetts and
the State of New Hampshire.
While the Department recognizes the appropriateness of
designating the Freedom's Way National Heritage Area, we
recommend that the Committee defer action on S. 1925 during the
remainder of the 107th Congress. To meet the President's
initiative to eliminate the deferred maintenance backlog, we
need to continue to focus our resources on caring for existing
areas in the National Park System. While designation of the
heritage area will not result in additional acquisition or
capital costs, the authorization provides for up to $1 million
per year in grant assistance costs not to exceed $10 million
over the 15-year period after the date of the bill's enactment.
The proposed Freedom's Way National Heritage Area includes
36 Massachusetts and 6 New Hampshire communities northwest of
Boston. It includes the Minute Man National Historical Park,
the Oxbow and Great Meadows National Wildlife Refuges, the
Concord, Assabet and Sudbury Wild and Scenic Rivers, as well as
National Historic Landmarks and Districts, and many sites
listed on the National Register of Historic Places.
This is a region that substantively influenced our
democratic forms of governance and the development of
intellectual traditions that underpin the concepts of American
freedom, democracy, conservation, social justice, and ethnic
diversity. Historically prominent leaders in literature and
intellectual thought found the region to be a source of
inspiration including Henry David Thoreau, Ralph Waldo Emerson,
Nathaniel Hawthorne and Louisa May Alcott. It was also the
locale for expressions of religious freedom and social
experimentation with the settlements of the Shakers, Millerites
and Transcendentalists. Its natural and community resources are
exceptional examples of the rural beauty of the New England
landscape. The events that occurred here during the American
Revolution include the ride of Paul Revere and the engagements
at Lexington and Concord, which are known to virtually every
elementary school child in the nation.
The concept of a Freedom's Way National Heritage Area was
defined in a feasibility study undertaken by the proposed
management entity, the Freedom's Way Heritage Association, Inc.
Priorities outlined in this study speak to linkages through
education and preservation of the region's nationally
distinctive natural and cultural resources through
partnerships. The region has a strong partnership base among
its many cultural institutions, businesses, non-profit
organizations, local governments, and citizens. The governors
of both states have endorsed the designation.
In the opinion of the National Park Service there are four
critical steps that need to be taken and documented prior to
the Congress designating a heritage area. The stages are: a
completion of a suitability/feasibility study; the public
involvement in the suitability/feasibility study; gather a
demonstration of widespread public support among heritage area
residents for the proposed designation; and a commitment to the
proposal from the appropriate players which may include
governments, industry, and private, non-profit organizations,
in addition to the local citizenry.
The National Park Service reviewed the national heritage
area feasibility study undertaken by the proposed management
entity in July 1997. Since it did not fully address the interim
national heritage area criteria, representatives of our
Northeast Region conducted field reconnaissance visits in
November 2000. Based on the findings of the reconnaissance
team, the Freedom's Way Heritage Association submitted an
addendum in April 2001 to the 1997 Freedom's Way National
Heritage Area Feasibility Study entitled ``The Proposed
Freedom's Way National Heritage Area and Compliance with the
National Park Service Interim Criteria for National Heritage
Area Designation.'' The Service has evaluated that addendum, as
well as the original feasibility study, and finds that the
criteria have been fully addressed and met. We believe that the
management entity will have an opportunity during the
development of a heritage area management plan to refine the
many available themes for the heritage area so that a more
selective and cohesive vision of the region and its rich
assemblage of natural and cultural resources may be achieved.
We also note that Section 4(b)(1) of the bill does not
contain a map reference number and does not require that a copy
of the map be available at the appropriate offices of the
National Park Service. Should the committee decide to take
further action on this bill, we would be willing to work with
the committee on the appropriate language for this section of
the bill.
The Office of Management and Budget advises that there is
no objection to the presentation of this report from the
standpoint of the Administration's program.
Sincerely,
Craig Manson,
Assistant Secretary for Fish and Wildlife and Parks.
------

Department of the Interior,
Office of the Secretary,
Washington, DC, July 16, 2002.
Hon. Jeff Bingaman,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: This letter sets forth the views of the
Department of the Interior on S. 2033, a bill to authorize
appropriations for the John H. Chafee Blackstone River Valley
National Heritage Corridor. S. 2033 provides for an
authorization of $10 million in development funds to the
Secretary for 4 years. The legislation would provide authority
to the Secretary to make matching grants through Fiscal Year
2006, and encourage the implementation of the remaining
portions of the Cultural Heritage and Land Management Plan, as
approved by the Secretary in 1998. The funds would be available
until expended.
The Department would support this legislation if amended to
authorize not more than $5 million, available for fiscal years
2003 through 2007, of which not more than $1 million may be
used any fiscal year. This amendment would bring the funding
language of the underlying Act in line with the appropriations
authorization language for other National Heritage Areas and
Corridors and, as noted below, would fulfill the commitment to
the 1988 management plan. Moreover the amendment would
forestall the expectation of additional funding for other
National Heritage Areas and Corridors. Additionally, we believe
that the $5 million increase is reasonable within the larger
context of the Department's commitment to the President's
Initiative to eliminate the deferred maintenance backlog.
The Blackstone River Valley National Heritage Corridor was
one of the first National Heritage Areas when Congress
established it in 1986. Public Law 99-647 established the
Blackstone Corridor to preserve and interpret, for the
educational and inspirational benefit of future generations,
the unique and significant contributions to our national
heritage of historic and cultural lands, waterways and
structures within the Blackstone River Valley in Massachusetts
and Rhode Island. A Federal Commission was established to
develop and implement an integrated resource management plan
for the Heritage Corridor. Under current law, the term of the
Heritage Corridor Commission expires in 2006, while the federal
designation of the area and its boundaries continues in
perpetuity.
In 1996, Congress, pursuant to Public Law 104-333, extended
the life of the National Heritage Corridor Commission until
November 12, 2006. Because the plan for the Heritage Corridor
had not been revised and approved, Congress only authorized
preliminary funding of $5 million in development funds for 3
years. The Secretary did not sign the management plan until
1998 and Congress again authorized $5 million in development
funds for an additional 2 years. To date the Heritage Corridor
has received $5.7 million dollars under these two
authorizations for development funds. S. 2033 in effect would
authorize development funds for the remaining 4 years of the
term of the Commission and for the remaining commitment to the
Cultural Heritage and Land Management Plan.
The John H. Chafee Blackstone River Valley National
Heritage Corridor has special value to the National Park
Service, as well as to the nation. With almost 15 years of
experience behind it, the John H. Chafee Blackstone River
Valley National Heritage Corridor has been the model of a
successful partnership between the federal government, state
and local government, and partner organizations. The unique
qualities of the Heritage Corridor is exemplified by the fact
that there are permanent park staff assigned to the area.
Matching grants from the Secretary permit the Heritage Corridor
Commission and the Secretary to provide seed funding to allow
important resources to be protected and interpreted.
Traditionally Congress would have addressed the nationally
significant resources of the Blackstone Valley by establishing
a unit of the National Park System. The area, with well over
10,000 historic structures and over 40 historic New England
villages is nationally significant as the birthplace of the
American Industrial Revolution. Rather than one town or one
factory, the Blackstone River Valley contained hundreds of
historic factories and farms making it the first area in the
nation to make widespread use of waterpower.
A multi-agency partnership with emphasis in the
interpretation of a cultural landscape rather than federal
ownership and regulation, was considered the more appropriate
protection strategy for such a large area where people continue
to live and work. The Blackstone Valley exemplifies a seamless
system of local, state and federal efforts where people are
working on a regional scale to maintain historical integrity by
developing integrated protection and economic development
strategies to enhance their quality of life and the quality of
resources. As one of the first National Heritage Areas
established, the Heritage Corridor has become a model of how
the National Park Service can work cooperatively with partners
to achieve resource protection and public support. By
comparison to the significant management expense of national
parks in the Northeast, the Heritage Corridor demonstrates what
can be achieved with modest investment, and a small but
enthusiastic team of NPS professionals on the ground. Land
ownership and operations of the area remain with the non-
federal partners and the NPS assists with interpretation and
planning.
The Heritage Corridor has been so successful in leveraging
hundreds of millions of dollars toward projects that enhance
the cultural and natural resources that Congress recognized the
late Senator Chafee and his dedication and hard work in
establishing the Heritage Corridor, by renaming it the John H.
Chafee Blackstone Valley National Heritage Corridor. Of all his
notable activities, as a U.S. Marine, as Secretary of the Navy,
as Governor of Rhode Island, and as United States Senator, his
wife, Mrs. Virginia Chafee, said most of all it would have been
his wish for this Heritage Corridor to carry his name.
The 1998 plan has four core commitments totaling $15
million: (1) shaping a visitor experience that engages people
in the understanding of the American Industrial Revolution; (2)
preserving and enhancing the communities of the Blackstone
Valley; (3) balancing conservation and growth that allows for
the preservation of cultural and natural resources while
encouraging economic growth; and (4) a commitment to improving
the health of the Blackstone River and its watershed. The
proposed $5 million increase in authorization to the Secretary
for development funds would fulfill the commitment to the 1998
management plan.
Having received a total of $10.7 million in construction
funds in the last ten years, which includes funds previously
authorized as development and demonstration funds, the
Commission is well on its way to achieving the commitments of
the management plan. Several examples of how the heritage
partnership formula has worked include the following:
Blackstone Valley Visitor Center/Slater Mill Historic Site:
A $5.4 million historic development, with Heritage Corridor
funding of approximately $800,000.
Museum of Work and Culture: an abandoned mill building
located in the center of the City of Woonsocket, total cost
$2.9 million, with Heritage Corridor funding of approximately
$500,000.
River Bend Farm Interpretive Center: A diary farm in
Worcester County, MA restored as an interpretive center and
outdoor recreation center, total cost of project $468,000, with
Heritage Corridor funding of approximately $143,000.
The Blackstone Riverway: A major restoration project
providing for recreation, riverfront development, and restored
water quality, total cost approximately $180 million, with
Heritage Corridor funding of approximately $1.2 million.
The Office of Management and Budget advises that there is
no objection to the presentation of this report from the
standpoint of the Administration's program.
Sincerely,
Craig Manson,
Assistant Secretary for Fish and Wildlife and Parks.
------

Department of the Interior,
Office of the Secretary,
Washington, DC, July 1, 2002.
Hon. Jeff Bingaman,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: This letter sets forth the views of the
Department of the Interior on S. 2196, a bill to authorize the
establishment of the National Mormon Pioneer Heritage Area in
the State of Utah.
While the Department recognizes the appropriateness of
designating the National Mormon Pioneer Heritage Area, we
recommend that the Committee defer action on S. 2196 during the
remainder of the 107th Congress. To meet the President's
initiative to eliminate the deferred maintenance backlog, we
need to continue to focus our resources on caring for existing
areas in the National Park System. While designation of the
heritage area will not result in additional acquisition or
capital costs, the authorization provides for up to $1 million
per year in grant assistance costs not to exceed $10 million
through the fiscal year 2020.
S. 2196 would establish the National Mormon Pioneer
Heritage Area along the Highway 89 corridor and other specified
highways passing through Utah's Kane, Garfield, Piute, Sevier,
Wayne and Sanpete Counties. The bill designates the Utah
Heritage Highway 89 Alliance as the management entity for the
heritage area. The Alliance is the heritage arm of the
Panoramaland Resource Conservation and Development Council,
which is registered with the IRS as a 501(c)3 non-profit
organization. The bill also authorizes the development of a
management plan for the heritage area. If the plan is not
submitted within three years, the heritage area becomes
ineligible for federal funding until a plan is submitted to the
Secretary. Additionally, S. 2196 outlines the duties of the
management entity and prohibits the use of federal funds to
acquire real property or interests in real property. The
Secretary would be authorized to provide technical and
financial assistance to develop and implement the management
plan.
The proposed National Mormon Pioneer Heritage Area would
help to tell the nationally significant story of the settlement
of a large portion of the western United States by members of
the Church of Jesus Christ of Latter Day Saints. The proposed
area contains the best remaining examples of a series of small
agricultural communities that were typical of this Mormon
colonization.
The settlement story builds on the story of Mormon
emigration, which is preserved by the Mormon Pioneer National
Historic Trail. The National Mormon Pioneer Heritage Area would
help complete this story by speaking to the hardships faced by
these pioneers in creating communities in this rugged landscape
and the unique pattern of settlement that at one time
encompassed a major portion of the western United States.
In addition to this primary theme, the proposed Mormon
Pioneer National Heritage Area has numerous additional themes
and assets. Native Americans occupied the area prior to Mormon
settlement and the story of the three-way conflict between the
Mormon settlers, Native Americans and the United States Army is
a fascinating chapter in United States history. There is also
extensive evidence of prehistoric inhabitants in the area.
The proposed heritage area is set in a dramatic and diverse
natural landscape, encompassing everything from the red
sandstone country to beautiful valleys to high alpine country.
Recreational opportunities are plentiful; the area provides
linkages to three National Parks, three National Monuments,
eight State Parks, three National Forests, and many miles of
Scenic Byways and Backways. The area is also unique because of
the collection of artisans, craftspeople, innkeepers,
outfitters, museums and tour operators that are already telling
the story of the area's heritage.
The National Park Service has defined a National Heritage
Area as a place where natural, cultural, historic and
recreational resources combine to form a nationally distinctive
landscape arising from patterns of human activity. Heritage
conservation efforts are grounded in a community's pride and
interest in its history and traditions. Preserving the
integrity of the cultural landscape and local stories means
that future generations will be able to understand and define
who they are, where they come from, and what ties them to their
home. Thus, through the designation of the National Mormon
Pioneer Heritage Area, communities of the region would be
better able to understand their rich and complex heritage as
well as share it with visitors to the region.
As we have previously testified, there are several steps
the National Park service believes should be taken prior to
Congress designating a national heritage area to help ensure
that the heritage area is successful. The steps are: a
completion of a suitability/feasibility study; the public
involvement in the suitability/feasibility study; gather a
demonstration of widespread public support among heritage area
residents for the proposed designation; and a commitment to the
proposal from the appropriate players which may include
governments, industry, and private, non-profit organizations,
in addition to the local citizenry.
We believe that studies that have been completed or are
underway meet the intent of these criterion. The proposed
establishment is based on many years of work conducted by
various local community organizations in Utah.
A Utah State University study, completed this year,
documented the extensive heritage, recreational and educational
resources within the area. It supports the designation of the
area as a heritage area. It would also serve as an excellent
foundation for the management plan for the heritage area, for
it identifies significant resources and provides preliminary
suggestions on how to improve and protect the resources of the
region. Numerous additional studies have been done to evaluate
the historical resources of the area, for the communities
included in the proposed heritage area contain six National
Historic Districts and over 4,000 buildings that are either on
or have the potential to be listed on the National Register of
Historic Places.
The Utah Heritage Highway 89 Alliance is governed by a
board that has members from each of the six counties involved
representing artists, craftspeople, heritage-related business
owners, innkeepers, restaurateurs, tour operators and
outfitters, county extension agents, local government
representatives, county economic development directors, and
organizations such as Chambers of Commerce and Main street.
This broad-based organization is representative of the strong
local political support for heritage preservation and the
creation of the proposed National Heritage Area. We understand
that the mayors of all the communities and each of the six
county commissions are supporting the proposed heritage area.
A number of Federal agencies, including prominently the
Bureau of Land Management (BLM), are major land managers within
the area covered by this legislation. For example, the BLM is
the predominant Federal land manager in the southern potion of
the proposed National Heritage Area which includes portions of
the Grand Staircase-Escalante National Monument, several
visitor contact stations, and important historic and scenic
sites. We believe that the legislation should allow for the
participation of all Federal partners, along with state, tribal
and local partners, in the proposed National Heritage Area.
Section 5(c)(1) of the bill gives the management entity the
authority to make loans to various entities. Section 6 makes
additional references to loans. No criteria or administrative
guidelines are provided, and possible liability is not
addressed. We believe there are more effective ways for
management entities to use limited federal funds than creating
loan programs, and we recommend that the provisions concerning
loans be removed from the bill.
We would also request that the boundaries be clarified to
assist the Secretary in preparing a map of the proposed
National Heritage Area as the bill provides. Additionally,
should the committee decide to take further action on this
bill, we would be willing to provide appropriate language to
address the role of all federal partners, revise the language
concerning loans and clarify the boundaries.
The Office of Management and Budget advises that there is
no objection to the presentation of this report from the
standpoint of the Administration's program.
Sincerely,
Craig Manson,
Assistant Secretary for Fish and Wildlife and Parks.
------

Department of the Interior,
Office of the Secretary,
Washington, DC, July 1, 2002.
Hon. Jeff Bingaman,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC
Dear Mr. Chairman: This letter sets forth the views of the
Department of the Interior on S. 2576, a bill to authorize the
establishment of the Northern Rio Grande National Heritage Area
in New Mexico.
The Department recognizes the appropriateness of
designating the Northern Rio Grande National Heritage Area, as
it has the characteristics necessary to be established as a
national heritage area and the potential to meet the
expectations of the National Park Service's National Heritage
Area Program. We recommend, however, that the committee defer
action on S. 2576 during the remainder of the 107th Congress.
The Department has reviewed our progress on the President's
Initiative to eliminate the deferred maintenance backlog, and
it is clear that we need to continue to focus our resources on
caring for existing areas in the National Park System. While
the designation of the heritage area will not result in
additional acquisition or capital costs, the authorization
provides for technical and grant assistance costs. Under this
Act, total appropriations of $10 million are authorized through
the fiscal year 2017, of which not more than $1,000,000 may be
appropriated for any fiscal year. The Federal share of the
costs for any activity funded under this Act shall not exceed
50 percent.
S. 2576 would establish the Northern Rio Grande National
Heritage Area in Santa Fe County, Rio Arriba County, and Taos
County in New Mexico. The bill designates the Northern Rio
Grande National Heritage Area, Inc. a non-profit corporation
chartered in the State of New Mexico, as the management entity
for the heritage area. The management entity would be made up
of representatives from Santa Fe County, Rio Arriba County, and
Taos County, New Mexico, and Native American Tribes
participating in the heritage area. The bill also authorizes
the development of a management plan for the heritage area. If
the plan is not submitted within three years, the heritage area
becomes ineligible for federal funding until a plan is
submitted to the Secretary. Additionally, S. 2576 outlines the
duties of the management entity and prohibits the use of
federal funds to acquire real property or interests in real
property. At the request of the management entity, the
Secretary would be authorized to provide technical and
financial assistance to develop and implement the management
plan.
The creation of the Northern Rio Grande National Heritage
Area would encompass the long history of the cultural mosaic
developed by Native American occupation, early Spanish
settlement, Mexican Period settlement, mining, ranching, and
other pioneer settlements, and the continuing influence of
people of Hispanic, Anglo-American, and Native American
descent. The area demonstrates the antiquity of native cultures
as well as the genealogical longevity of the descendants of
Spanish ancestors who settled in the area in 1598. The
combination of cultures, languages, folk-arts, customs, and
architecture make northern New Mexico unique within our
national culture and history.
The National Park Service has defined a National Heritage
Area as a place where natural, cultural, historic and
recreational resources combine to form a nationally distinctive
landscape arising from patterns of human activity. Heritage
conservation efforts are grounded in a community's pride and
interest in its history and traditions. Preserving the
integrity of the cultural landscape and local stories means
that future generations will be able to understand and define
who they are, where they come from, and what ties them to their
home. Thus, through the designation of the Northern Rio Grande
National Heritage Area, these peoples will be better able to
understand their rich and complex heritage as well as share it
with the many visitors to northern New Mexico.
On a natural scale, the heritage area would provide a new
partnership for management and protection of long natural
vistas, isolated high desert valleys, mountain ranges and among
the best air, water and night sky qualities found in the United
States. Few roadways interrupt the ridges and range topography.
A variety of flora and fauna are often present. Aside from its
spectacular natural and scenic vistas, the area includes
outstanding recreational resources.
As we have previously testified, there are several steps
the National Park Service believes should be taken prior to
Congress designating a national heritage area to help ensure
that the heritage area is successful.
The stages are: a completion of a suitability/feasibility
study; the public involvement in the suitability/feasibility
study; gather a demonstration of widespread public support
among heritage area residents for the proposed designation; and
a commitment to the proposal from the appropriate players which
may include governments, industry, and private, non-profit
organizations, in addition to the local citizenry.
We believe that studies that have been completed or are
underway meet the intent of these criterion. The proposed
establishment is based on many years of work conducted by
various local community organizations in New Mexico. One such
study by the National Park Service, Alternative Concepts for
Commemorating Spanish Colonization (1991), identified several
alternatives consistent with the establishment of a National
Heritage Area, including coordination with supporting
historical research programs, such as the NPS Intermountain
Spanish Colonial Research Center in Albuquerque, and NPS
archaeological research programs in Santa Fe. This report and
other related reports such as, The Camino Real de Tierra
Adentro Feasibility Study (1997), conducted in New Mexico have
included input from organizations, agencies, tribal
representatives, a cross-section of citizens in the region, and
potential partners who would be involved in the creation and
management of a National Heritage Area. This activity is
consistent with Secretary Norton's ``4-Cs'' effort,
demonstrating the benefits of consultation, communication and
coordination in the service of conservation.
A number of Federal agencies, including prominently the
Bureau of Land Management (BLM) and the Forest Service are
major land managers within the area covered by this
legislation. For example, the BLM manages over a half million
acres of Federal land within the proposed Heritage Area
including important cultural, prehistoric, and historic sites
as well as several Areas of Critical Environmental Concern
(ACECs). We believe that the legislation should allow for the
participation of all Federal partners, along with state, tribal
and local partners, in the Heritage Area.
The Office of Management and Budget advises that there is
no objection to the presentation of this report from the
standpoint of the Administration's program.
Sincerely,
Craig Manson,
Assistant Secretary for Fish and Wildlife and Parks.
------

Statement of Brenda Barrett, National Coordinator for Heritage Areas,
National Park Service, Department of the Interior

Mr. Chairman and members of the subcommittee, thank you for
the opportunity to appear before you today to present the
Department's views on S. 1441 and H.R. 695, bills which would
establish the Oil Region National Heritage Area.
While the Department recognizes the appropriateness of
designating the Oil Region National Heritage Area, we recommend
that the committee defer action on S. 1441 and H.R. 695 during
the remainder of the 107th Congress. To meet the President's
Initiative to eliminate the deferred maintenance backlog, we
need to continue to focus our resources on caring for existing
areas in the National Park System. While designation of the
heritage area will not result in additional acquisition or
capital costs, the authorization provides for up to $1 million
per year in grant assistance costs not to exceed $10 million
over the 15-year period after the date of the bill's enactment.
The Oil Heritage region comprises all of Venango County and
a portion of Crawford County in western Pennsylvania. It is
known, appropriately, as ``The Valley That Changed the World''
due to the first successful oil well drilled by Colonel Edwin
Drake with the assistance of William Smith, a Pennsylvania salt
well digger, in 1859. This event had an overriding impact on
the industrial revolution and continues to affect the daily
life of the nation and the world.
The region contains the world renowned Drake Well Museum in
Titusville, Oil Creek State Park and portions of the Allegheny
Wild and Scenic River, the latter designated by Congress in
1992, and administered by the U.S. Forest Service. It also
contains 6 National Historic Districts, 17 sites listed on the
National Register of Historic Places and an extensive
collection of Victorian styled architecture in Franklin, Oil
City, Emlenton and Titusville. Remnants of the oil boom era,
including McClintock Well #1, the oldest operating well in the
United States, can be found throughout the region. The stories
of early oil magnates and those who worked in the oil fields
provide exceptionally rich interpretive opportunities related
to the region's natural and cultural resources. This important
heritage contributes not only to our own national story, but
also to the advancement of industries and transportation
systems throughout the world.
Oil Heritage Region is currently designated a State
Heritage Park by the State of Pennsylvania and its management
entity, the Oil Heritage Region, Inc., is experienced in
natural and cultural resources preservation and heritage
related programming. The management entity enjoys the support
of local governments and organizations in the proposed national
heritage area. Its board of directors is already representative
of many interests in the region. The bill provides that the
Secretary will confirm its expanded representation in approving
the required management plan for the heritage area.
In the opinion of the National Park Service there are four
critical steps that need to be taken and documented prior to
the Congress designating a heritage area. These stages are:
1. Completion of a suitability/feasibility study;
2. Public involvement in the suitability/feasibility
study;
3. Demonstration of widespread public support among
heritage area residents for the proposed designation;
and
4. Commitment to the proposal from the appropriate
players which may include governments, industry, and
private, non-profit organizations, in addition to the
local citizenry.
The National Park Service has reviewed the existing
heritage and interpretive plans undertaken by Oil Region
Heritage, Inc. beginning in 1994 and, at the request of
Congressman John Peterson, conducted a week-long reconnaissance
visit to confirm the region's eligibility for designation in
early August 2000. A feasibility report entitled ``Field Report
on the Oil Region Heritage Park, Pennsylvania, as a National
Heritage Area'' was issued subsequent to the reconnaissance
visit on September 15, 2000. It concludes that the Oil Heritage
Region meets the above-listed feasibility criteria for
designation as a national heritage area.
That completes my testimony. I would be happy to answer any
questions that you or any of the members of the subcommittee
may have.
------

Statement of Brenda Barrett, National Coordinator for Heritage Areas,
National Park Service, U.S. Department of the Interior

Mr. Chairman, and members of the subcommittee, thank you
for the opportunity to appear before you to present the views
of the Department of the Interior on S. 1939, a bill to
authorize the establishment of the Great Basin National
Heritage Area in Nevada and Utah.
The Department recognizes the appropriateness of
designating the Great Basin National Heritage Area, as the area
has the characteristics necessary to be established as a
national heritage area and the potential to meet the
expectations of the National Park Service's national heritage
area program. However, we recommend that the committee defer
action on S. 1939 during the remainder of the 107th Congress.
The Department has reviewed our progress on the President's
Initiative to eliminate the deferred maintenance backlog, and
it is clear that we need to continue to focus our resources on
caring for existing areas in the National Park System. While
the designation of the heritage area will not result in
additional acquisition or capital costs, the authorization
provides for grant assistance costs not to exceed $10 million
through the year 2020. At such time as this legislation moves
forward, we support the amendments outlined in this testimony.
S. 1939 would establish the Great Basin National Heritage
Area in White Pine County, Nevada, Millard County, Utah and on
the Duckwater Shoshone Reservation, including the towns of
Delta, Utah, Ely, Nevada, and the surrounding communities.
The bill designates the Great Basin Heritage Area
Partnership as the management entity for the Heritage Area. The
management entity would be made up of representatives appointed
by the Board of County Commissioners of Millard County, Utah,
White Pine County Nevada, and Native American Tribes
participating in the heritage area. The bill also authorizes
the development of a management plan for the Heritage Area. If
the plan is not submitted within five years, the Heritage Area
becomes ineligible for federal funding. Additionally, S. 1939
outlines the duties of the management entity and prohibits the
use of federal funds to acquire real property or interests in
real property.
The management entity is authorized to spend federal funds
on non-federally owned property. At the request of the
management entity, the Secretary would be authorized to provide
technical and financial assistance to develop and implement the
management plan. S. 1939 authorizes $10,000,000 in
appropriations, through the year 2020, and limits federal
funding to 50 percent of the total cost of any assistance or
grant.
The creation of the Great Basin National Heritage Area
would encompass the long history of Western habitation and
development related to the pony express, mining, ranching,
railroading, Native Americans, and Mormon and other pioneer
settlements, as well as demonstrating the diversity of western
culture and how people of Greek, Chinese, Basque, Serb, Croat,
Italian, Hispanic, and Native American descent have influenced
it.
On a natural scale the heritage area would provide a new
partnership for management and protection of long natural
vistas, isolated high desert valleys, mountain ranges and among
the best air, water and night sky qualities found in the United
States. Few roadways interrupt the basin and range topography.
Large herds of mammals are often present. The area is
recognized by the state of Nevada as the ``Loneliest Highway in
America,'' capitalizing on western landscape values.
A natural partnership between Great basin National Park and
the Management Entity of the Heritage Area could be created;
one which incorporates the enabling legislation of the park,
allowing further interpretation of the 200,000 square miles of
the Great Basin through association with other organizations.
The National Park Service has defined a National Heritage
Area as a place where natural, cultural, historic and
recreational resources combine to form a nationally distinctive
landscape arising from patterns of human activity. Heritage
conservation efforts are grounded in a community's pride and
interest in its history and traditions. Preserving the
integrity of the cultural landscape and local stories means
that future generations will be able to understand and define
who they are, where they come from, and what ties them to their
home.
As we have previously testified, there are several steps
the National Park Service believes should be taken prior to
congress designating a national heritage area to help ensure
that the heritage area is successful. The steps are:
1. Completion of a suitability/feasibility study;
2. Public involvement in the suitability/feasibility
study;
3. Demonstration of widespread public support among
heritage area residents for the proposed designation;
and
4. Commitment to the proposal from the appropriate
players which may include governments, industry, and
private, non-profit organizations, in addition to the
local citizenry.
We believe that studies that have been completed or are
underway meet the intent of these criteria. The proposed
establishment is based on many years of work conducted by
various local community organizations in Utah and Nevada,
culminating in The Strategy for Development of the Great Basin
Heritage Route prepared by the Great Basin Heritage Route
Partnership, with input from a cross-section of citizens in the
region. This report and other related reports conducted in Utah
and Nevada have included organizations, agencies, tribal
representatives, and potential partners who would be involved
in the creation and management of a National Heritage Area.
This coalition is consistent with Secretary Norton's ``4-Cs''
effort, demonstrating the benefits of consultation,
communication and collaboration in the service of conservation.
Additional reports and studies that address a Great Basin
National Heritage Area include The Baker and Great Basin
National Park Business Plan: A Regional Integrated Tourism
Development Study, prepared in part by the Great Basin Business
and Tourism Council and the National Trust for Historic
Preservation. Additionally, a Cultural Resources Survey, funded
through the Utah State Division of History, is in the process
of being completed. Funds have also been set aside by the
Nevada Department of Economic Development to begin writing a
management plan for the area. Although not specifically related
to the Great Basin National Heritage Area when they were
prepared, the National Park Service completed two new area
studies, in 1980 and 1981, of the Great Basin area which
examined resources and identified sites with potential for
representing the Great Basin theme.
The completed studies as well as those in progress have
generated popular support for this proposal and have been
accomplished with little involvement from the National Park
Service. Taken together, the studies accomplish goals similar
to those undertaken in a National Park Service study.
At such time as S. 1939 moves forward, we recommend the
following amendments. These suggestions are either consistent
with amendments we have suggested in previous heritage area
bills or will conform S. 1939 to recent heritage area
legislation.
Section 7(a)(1) of the bill gives the management entity the
authority to make loans to various entities. No criteria or
administrative guidelines are provided, and possible liability
is not addressed. We believe these are more effective ways for
management entities to use limited federal funds than creating
loan programs.
Section 8(b) authorizes the Secretary to expand federal
funds on non-federally owned property to further the purposes
of the Act. Section 8(b)(2) directs the Historic American
Building Survey (HABS) and the Historic American Engineering
Record (HAER) to conduct studies necessary to document the
industrial, engineering, building, and architectural history of
the region. We feel that federal funds authorized in the bill
for the heritage area's management entity are for
implementation of their plan and to address these types of
issues. Money for any studies by HABS/HAER should come from the
heritage area's funding as part of its planning process. We
strongly urge that this section be removed from the bill.
We also suggest several amendments that would conform S.
1939 to similar, recently passed heritage area legislation.
These amendments include defining the boundaries, clarifying
the role of tribal representatives in the management entity,
standardizing the development of the management plan, as well
as the termination of authority and appropriations language.
Our proposed amendment are attached to this testimony.
Mr. Chairman, this concludes my prepared remarks. I would
be pleased to answer any questions you or other members of the
subcommittee may have.

Proposed Amendments--S. 1939

Page 6, line 25, before the period, insert ``in Nye County,
Nevada. The boundaries of the Heritage Area shall be specified
in detail in the management plan developed in Section 6.''.
Page 7, line 2, strike ``As a condition for the receipt of
Federal funds under this Act, the'' and insert ``The''.
Page 7, line 21, after ``Utah,'' insert ``and the tribal
governing body of each Native American Tribe participating in
the Heritage Area''.
Page 9, line 12, strike ``5'' and insert ``3''.
Page 9, line 13, strike ``may'' and insert ``shall''.
Page 13, line 16, strike ``loans and''.
Page 17, line 4, strike ``(b) Spending for Non-Federal
Property.'' and all that follows through line 18, and
redesignate subsections (c), (d), and (e), as subsections (b),
(c), and (d), respectively.
Page 17, line 25, strike ``Federal,''.
Page 19, line 3, strike ``September 20, 2020'' and insert
``September 30, 2012''.
Page 19, line 6, insert before the period ``, of which not
more than $1,000,000 is authorized to be appropriated for any 1
fiscal year''.

Changes in Existing Law

In compliance with paragraph 12 of rule XXVI of the
Standing rules of the Senate, changes in existing law made by
the Act H.R. 695, as ordered reported, are shown as follows
(existing law proposed to be omitted is enclosed in black
brackets, new matter is printed in italic, existing law in
which no change is proposed is shown in roman):

Public Law 99-647--Nov. 10, 1986

AN ACT To establish Blackstone River Valley National Heritage Corridor
in Massachusetts and Rhode Island

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. ESTABLISHMENT OF NATIONAL HERITAGE CORRIDOR.

* * * * * * *

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

(a) There is authorized to be appropriated annually to the
Commission $650,000 for the next five fiscal years to carry out
the purposes of this Act; except that the Federal contribution
to the Commission shall not exceed 50 percent of the annual
operating costs of the Commission.
[(b) Development Funds.--For fiscal years 1996, 1997, and
1998, there is authorized to be appropriated to carry out
section 8(c) not to exceed $5,000,000.]
(b) Development Funds.--There is authorized to be
appropriated to carry out section 8(c) for the period of fiscal
years 2003 through 2007 not more than $5,000,000, to remain
available until expended.