[Senate Report 109-242]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 404
109th Congress                                                   Report
                                 SENATE
 2d Session                                                     109-242

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       YUMA CROSSING NATIONAL HERITAGE AREA BOUNDARY MODIFICATION

                                _______
                                

                 April 20, 2006.--Ordered to be printed

   Filed under authority of the order of the Senate of April 7, 2006

                                _______
                                

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

                              R E P O R T

                        [To accompany H.R. 326]

    The Committee on Energy and Natural Resources, to which was 
referred the Act (H.R. 326) to amend the Yuma Crossing National 
Heritage Area Act of 2000 to adjust the boundary of the Yuma 
Crossing National Heritage Area, and for other purposes, having 
considered the same, reports favorably thereon without 
amendment and recommends that the Act do pass.

                         Purpose of the Measure

    The purpose of H.R. 326 is to amend the Yuma Crossing 
National Heritage Area Act of 2000 to adjust the boundaries of 
the heritage area to comprise the riverfront and downtown areas 
of Yuma.

                          Background and Need

    Yuma Crossing, located adjacent to the city of Yuma, 
Arizona, near the confluence of the Gila and Colorado Rivers, 
is the only natural ford of the Colorado River in southern 
Arizona. Because of the ford, the Crossing has been a 
``crossroads'' for at least 1,500 years. American Indians used 
the ford to cross the Colorado. Spanish explorers documented 
the crossing in the middle of the 16th century. When gold was 
discovered in California in 1849, Yuma became the point of 
entry for miners traveling a southern route to California. The 
Southern Pacific Railway reached Yuma in the 1870s, connecting 
the southwest to California. Finally, in the twentieth century, 
Yuma became a stop on the southern transcontinental highway. 
For these reasons, Yuma Crossing and associated sites were 
declared a National Historic Landmark in 1966.
    The Yuma Crossing National Heritage Area was established in 
2000 (Public Law 106-319) to recognize the Crossing's historic 
significance and to promote the preservation and economic 
viability of the area. Based upon an early concept study, the 
authorizing legislation established a boundary for the heritage 
area encompassing approximately 22 square miles. Once the 
heritage area was authorized, the Area's Board of Directors 
began to work with local communities on a management plan. 
During the development of the plan, it became clear that a 
smaller area would be more appropriate and enjoy more public 
support. The management plan, completed in July, 2002 and 
approved by the Secretary of the Interior in December, 2003, 
recommended a revised boundary.
    H.R. 326 would amend section 3(b) of the Yuma Crossing 
National Heritage Area Act of 2000, Public Law 106-319, to 
adjust the boundary of the National Heritage Area to reflect 
the boundaries outlined and approved in the management plan for 
the heritage area.

                          Legislative History

    H.R. 326 was introduced by Representative Grijalva on 
January 25, 2005. It was passed by the House by voice vote on 
November 15, 2005. It was referred to the Committee on Energy 
and Natural Resources on November 16, 2005.
    An identical bill, S. 505 was introduced by Senators Kyl 
and McCain on March 3, 2005. The Subcommittee on National Parks 
held a hearing on S. 505 on November 15, 2005. At the business 
meeting on March 8, 2006, the Committee on Energy and Natural 
Resources ordered H.R. 326 favorably reported, without 
amendment, by a unanimous voice vote.

                        Committee Recommendation

    The Committee on Energy and Natural Resources, in open 
business session on March 8, 2006, by unanimous voice vote of a 
quorum present, recommends that the Senate pass H.R. 326, as 
described herein.

                      Section-by-Section Analysis

    Section 1 amends section 3(b) of the Yuma Crossing National 
Heritage Area Act of 2000 (16 U.S.C. 461 note; Public Law 106-
319) to redefine the boundary of the Heritage Area.

                   Cost and Budgetary Considerations

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office.

H.R. 326--A bill to amend the Yuma Crossing National Heritage Area Act 
        of 2000 to adjust the boundary of the Yuma Crossing National 
        Heritage Area, and for other purposes

    H.R. 326 would modify the boundary of the Yuma Crossing 
National Heritage Area in Arizona to exclude certain private 
lands. CBO estimates that implementing this legislation would 
have no impact on the federal budget because the federal 
government is not expected to acquire or manage the affected 
properties.
    H.R. 326 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments.
    On November 3, 2005, CBO transmitted a cost estimate for 
H.R. 326, as ordered reported by the House Committee on 
Resources on October 19, 2005. The two versions of the 
legislation are identical as are the cost estimates.
    The CBO staff contact for this estimate is Matthew 
Pickford. This estimate was 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. 326. 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. 326, as ordered reported.

                        Executive Communications

    The views of the Administration on H.R. 326 were included 
in testimony received by the House Resources Committee at a 
hearing on the bill on September 29, 2005. This testimony 
follows:

Statement of Sue Masica, Associate Director, Park Planning, Facilities, 
      and Lands, National Park Service, Department of the Interior

    Mr. Chairman, thank you for the opportunity to present the 
views of the Department of the Interior on H.R. 326, a bill to 
amend the Yuma Crossing National Heritage Area Act of 2000 to 
adjust the boundary of the Yuma Crossing National Heritage 
Area.
    The Department supports the proposed boundary change which 
is based on the findings of the 2002 management plan for the 
National Heritage Area (NHA). We recommend that the bill be 
amended to include an official map reference similar to the 
maps used for other National Heritage Areas.
    H.R. 326 would amend section 3(b) of the Yuma Crossing 
National Heritage Area Act of 2000, Public Law 106-319, to 
adjust the boundary of the National Heritage Area to reflect 
the boundaries outlined and approved in the management plan for 
the heritage area. On September 29, 2005, at a House 
Subcommittee on National Parks hearing, the Department 
testified in support of an identical boundary adjustment for 
this heritage area that was included in H.R. 326, a similar 
bill.
    Yuma Crossing National Heritage Area was authorized by P.L. 
106-319, signed on October 19, 2000. The Department supported 
the legislation to establish the NHA at hearings in both the 
House and Senate during the 106th Congress. Since 
establishment, the National Park Service (NPS) has worked with 
the Yuma Crossing NHA staff and the community to develop the 
management plan required in the legislation. That plan was 
completed in July 2002 and approved by the Secretary in 
December 2003.
    Yuma has been a home to Native Americans for nearly 1,500 
years, prior to becoming a city at the junction of the Colorado 
and Gila Rivers. The Spanish ``discovered'' the area seventy 
years before the Pilgrims landed at Plymouth Rock. As Americans 
moved west, Yuma became one of the stopping points for those 
following gold and fortune as well as a key military post. Yuma 
also prospered as a port city, then a railroad town, and 
finally as a link on the first southern transcontinental 
highway. By the 20th century Yuma continued to rely on water, 
this time with major government dam and diversion projects on 
the Colorado River that brought the ability of year-round 
agricultural production.
    The authorizing legislation established a boundary for the 
heritage area of approximately 22 square miles based upon early 
studies that showed great potential for natural, cultural and 
recreational resources within that area. Once the NHA was 
authorized, work began on the management plan. The plan refined 
and further developed the concepts outlined in the feasibility 
study, dividing the NHA into seven districts that feature 
natural, cultural and recreational resources consistent with 
the authorizing legislation, incorporating opportunities for 
economic development, and acknowledging the importance of 
maintaining residential areas.
    At the same time, Yuma Crossing NHA was also aware of the 
need to ensure that the goals of the management plan could be 
achieved financially and were acceptable to the entire 
community. Taking these elements into consideration, the NHA 
board developed the management plan which included a proposal 
for a new boundary. The management plan received extensive 
public involvement and the NHA board used NPS planning models 
in addition to National Environmental Policy Act and National 
Historic Preservation Act Section 106 guidelines to develop and 
analyze their options.
    Three alternatives were developed for public involvement 
and review. H.R. 326 includes the preferred alternative for the 
new boundary which would continue to meet the intent and goals 
for which the heritage area was established. We recommend that 
the bill be amended to remove the written description of the 
boundary adjustment currently in H.R. 326 and to replace it 
with a map reference that shows the new boundary. NPS produced 
a map similar to boundary maps for other heritage areas that 
was used when H.R. 326 was amended. We would be happy to 
provide the subcommittee with this map. The written description 
of the boundary adjustment found in the bill, as well as a 
reference to the map included on page 40 of the ``Yuma Crossing 
National Heritage Area Management Plan'', could be included in 
the report language for the bill.
    We commend the NHA board, members, and partners, as well as 
the citizens in and around Yuma, Arizona, for their time and 
commitment to this project. We look forward to continuing to 
work with them to achieve the goals of the Yuma Crossing 
National Heritage Area.
    That concludes my prepared remarks. I would be pleased to 
answer any questions you or other members of the subcommittee 
may have.

                        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. 326, as ordered reported, as 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 106-319

                             106th Congress

      AN ACT To establish the Yuma Crossing National Heritage Area

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

           *       *       *       *       *       *       *


SEC. 3. YUMA CROSSING NATIONAL HERITAGE AREA.

    (a) Establishment.--There is hereby established the Yuma 
Crossing National Heritage Area.
    [(b) Boundaries.--The Heritage Area shall be comprised of 
those portions of the Yuma region totaling approximately 21 
square miles, encompassing over 150 identified historic, 
geologic, and cultural resources, and bounded--
          (1) on the west, by the Colorado River (including the 
        crossing point of the Army of the West);
          (2) on the east, by Avenue 7E;
          (3) on the north, by the Colorado River; and
          (4) on the south, by the 12th Street alignment.]
    (b) Boundaries.--The Heritage Area shall comprise the lands 
generally depicted on the map entitled `Yuma Crossing National 
Heritage Area Boundary Adjustment', numbered 903-80071, and 
dated October 16, 2005.

                                  
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