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106th CONGRESS
2d Session
S. 3272
To establish the Great Basin National Heritage Area, Nevada and Utah.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 5 (legislative day, September 22), 2000
Mr. Reid introduced the following bill; which was read twice and
referred to the Committee on Energy and Natural Resources
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A BILL
To establish the Great Basin National Heritage Area, Nevada and Utah.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Great Basin National Heritage Area
Act of 2000''.
SEC. 2. 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 (including the towns of
Delta, Utah, and Baker, Ely, Eureka, and Austin, Nevada) 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 include the social
history and living cultural traditions of a rich diversity of
nationalities;
(4) the pioneer, Mormon settlement, ranching, timber, and
mining activities of the region played 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 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 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 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 national parks);
(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 future generations; and
(B) provide opportunities in the Great Basin for
education; and
(13) the Great Basin Heritage Area Partnership should serve
as the management entity for a Heritage Area established in the
Great Basin.
(b) Purposes.--The purposes of this Act are--
(1) to foster a close working relationship with all levels
of government, the private sector, and the local communities
along the United States Highway 50 corridor from Austin,
Nevada, to Delta, Utah;
(2) to enable communities referred to in paragraph (1) to
conserve their heritage while continuing to pursue 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 does not
exclude multiple uses permitted as of the date of enactment of
this Act.
SEC. 3. DEFINITIONS.
In this Act:
(1) Great basin.--The term ``Great Basin'' means the North
American Great Basin, comprised of the towns, and areas along
the United States Highway 50 corridor between the towns, of
Delta, Utah, and Baker, Ely, Eureka and Austin, Nevada.
(2) Heritage area.--The term ``Heritage Area'' means the
Great Basin National Heritage Area established by section 4(a).
(3) Management entity.--The term ``management entity''
means the management entity for the Heritage Area designated by
section 4(c).
(4) Management plan.--The term ``management plan'' means
the plan developed by the management entity under section 6(a).
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the National
Park Service.
SEC. 4. GREAT BASIN NATIONAL HERITAGE AREA.
(a) Establishment.--There is established the Great Basin National
Heritage Area.
(b) Composition.--The Heritage Area shall be a corridor in Lander
County, Eureka County, and White Pine County, Nevada, and Millard
County, Utah, delineated under section 5(b)(1).
(c) Management Entity.--As a condition for the receipt of Federal
funds under this Act, the Great Basin Heritage Area Partnership shall
serve as the management entity for the Heritage Area.
SEC. 5. MEMORANDUM OF UNDERSTANDING.
(a) In General.--In carrying out this Act, the Secretary, in
consultation with the Governors of the States of Nevada and Utah, 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 delineation of the boundaries of the Heritage Area
(including the boundaries of the counties referred to in
section 4(b));
(2) a discussion of the goals and objectives of the
Heritage Area, including--
(A) an explanation of the proposed approach to
conservation and interpretation; and
(B) a general outline of the anticipated protection
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 public 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 Act
shall not be expended to implement a change made by a proposed
amendment described in paragraph (1) until the Secretary
approves the amendment.
SEC. 6. MANAGEMENT PLAN.
(a) In General.--Not later than 3 years after the date of enactment
of this Act, the management entity may 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 residents, public
agencies, and private organizations in the protection of
resources of the Heritage Area, taking into consideration
State, county, and local land use plans in existence on the
date of enactment of this Act;
(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
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 and construction;
and
(ii) specific commitments by the identified
partners referred to in section 5(b)(4) for the
first 5 years of operation; and
(C) an interpretation plan for the Heritage Area.
(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) Approval 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) may cause improper infringement 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 6(d)(1), the Secretary, in conjunction with the management
entity, 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 Act
shall not be expended to implement an amendment described in
paragraph (1) until the Secretary approves the amendment.
SEC. 7. 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 Act to--
(1) make loans and grants to, and enter into cooperative
agreements with, a State (including a political subdivision), 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) preserving the Heritage Area;
(ii) establishing and maintaining
interpretive exhibits in the Heritage Area;
(iii) developing recreational resources in
the Heritage Area;
(iv) increasing public awareness of and
appreciation for the archaeological,
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