[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2749 Engrossed Amendment House (EAH)]
In the House of Representatives, U. S.,
October 24, 2000.
Resolved, That the bill from the Senate (S. 2749) entitled ``An Act to
establish the California Trail Interpretive Center in Elko, Nevada, to
facilitate the interpretation of the history of development and use of trails in
the settling of the western portion of the United States'', do pass with the
following
AMENDMENTS:
Strike out all after the enacting clause and insert:
TITLE I--CALIFORNIA TRAIL INTERPRETIVE CENTER
SEC. 101. SHORT TITLE.
This title may be cited as the ``California Trail Interpretive
Act''.
SEC. 102. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) the nineteenth-century westward movement in the United
States over the California National Historic Trail, which
occurred from 1840 until the completion of the transcontinental
railroad in 1869, was an important cultural and historical
event in--
(A) the development of the western land of the
United States; and
(B) the prevention of colonization of the west
coast by Russia and the British Empire;
(2) the movement over the California Trail was completed by
over 300,000 settlers, many of whom left records or stories of
their journeys; and
(3) additional recognition and interpretation of the
movement over the California Trail is appropriate in light of--
(A) the national scope of nineteenth-century
westward movement in the United States; and
(B) the strong interest expressed by people of the
United States in understanding their history and
heritage.
(b) Purposes.--The purposes of this title are--
(1) to recognize the California Trail, including the
Hastings Cutoff and the trail of the ill-fated Donner-Reed
Party, for its national, historical, and cultural significance;
and
(2) to provide the public with an interpretive facility
devoted to the vital role of trails in the West in the
development of the United States.
SEC. 103. DEFINITIONS.
In this title:
(1) California trail.--The term ``California Trail'' means
the California National Historic Trail, established under
section 5(a)(18) of the National Trails System Act (16 U.S.C.
1244(a)(18)).
(2) Center.--The term ``Center'' means the California Trail
Interpretive Center established under section 104(a).
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the Bureau of
Land Management.
(4) State.--The term ``State'' means the State of Nevada.
SEC. 104. CALIFORNIA TRAIL INTERPRETIVE CENTER.
(a) Establishment.--
(1) In general.--In furtherance of the purposes of section
7(c) of the National Trails System Act (16 U.S.C. 1246(c)), the
Secretary may establish an interpretation center to be known as
the ``California Trail Interpretive Center'', near the city of
Elko, Nevada.
(2) Purpose.--The Center shall be established for the
purpose of interpreting the history of development and use of
the California Trail in the settling of the West.
(b) Master Plan Study.--To carry out subsection (a), the Secretary
shall--
(1) consider the findings of the master plan study for the
California Trail Interpretive Center in Elko, Nevada, as
authorized by page 15 of Senate Report 106-99; and
(2) initiate a plan for the development of the Center that
includes--
(A) a detailed description of the design of the
Center;
(B) a description of the site on which the Center
is to be located;
(C) a description of the method and estimated cost
of acquisition of the site on which the Center is to be
located;
(D) the estimated cost of construction of the
Center;
(E) the cost of operation and maintenance of the
Center; and
(F) a description of the manner and extent to which
non-Federal entities shall participate in the
acquisition and construction of the Center.
(c) Implementation.--To carry out subsection (a), the Secretary
may--
(1) acquire land and interests in land for the construction
of the Center by--
(A) donation;
(B) purchase with donated or appropriated funds; or
(C) exchange;
(2) provide for local review of and input concerning the
development and operation of the Center by the Advisory Board
for the National Historic California Emigrant Trails
Interpretive Center of the city of Elko, Nevada;
(3) periodically prepare a budget and funding request that
allows a Federal agency to carry out the maintenance and
operation of the Center;
(4) enter into a cooperative agreement with--
(A) the State, to provide assistance in--
(i) removal of snow from roads;
(ii) rescue, firefighting, and law
enforcement services; and
(iii) coordination of activities of nearby
law enforcement and firefighting departments or
agencies; and
(B) a Federal, State, or local agency to develop or
operate facilities and services to carry out this
title; and
(5) notwithstanding any other provision of law, accept
donations of funds, property, or services from an individual,
foundation, corporation, or public entity to provide a service
or facility that is consistent with this title, as determined
by the Secretary, including 1-time contributions for the Center
(to be payable during construction funding periods for the
Center after the date of enactment of this Act) from--
(A) the State, in the amount of $3,000,000;
(B) Elko County, Nevada, in the amount of
$1,000,000; and
(C) the city of Elko, Nevada, in the amount of
$2,000,000.
SEC. 105. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this title
$12,000,000.
TITLE II--CONVEYANCE OF NATIONAL FOREST SYSTEM LANDS FOR EDUCATIONAL
PURPOSES
SEC. 201. SHORT TITLE.
This title may be cited as the ``Education Land Grant Act''.
SEC. 202. CONVEYANCE OF NATIONAL FOREST SYSTEM LANDS FOR EDUCATIONAL
PURPOSES.
(a) Authority To Convey.--Upon written application, the Secretary
of Agriculture may convey National Forest System lands to a public
school district for use for educational purposes if the Secretary
determines that--
(1) the public school district seeking the conveyance will
use the conveyed land for a public or publicly funded
elementary or secondary school, to provide grounds or
facilities related to such a school, or for both purposes;
(2) the conveyance will serve the public interest;
(3) the land to be conveyed is not otherwise needed for the
purposes of the National Forest System;
(4) the total acreage to be conveyed does not exceed the
amount reasonably necessary for the proposed use;
(5) the land is to be used for an established or proposed
project that is described in detail in the application to the
Secretary, and the conveyance would serve public objectives
(either locally or at large) that outweigh the objectives and
values which would be served by maintaining such land in
Federal ownership;
(6) the applicant is financially and otherwise capable of
implementing the proposed project;
(7) the land to be conveyed has been identified for
disposal in an applicable land and resource management plan
under the Forest and Rangeland Renewable Resources Planning Act
of 1974 (16 U.S.C. 1600 et seq.); and
(8) an opportunity for public participation in a disposal
under this section has been provided, including at least one
public hearing or meeting, to provide for public comments.
(b) Acreage Limitation.--A conveyance under this section may not
exceed 80 acres. However, this limitation shall not be construed to
preclude an entity from submitting a subsequent application under this
section for an additional land conveyance if the entity can demonstrate
to the Secretary a need for additional land.
(c) Costs and Mineral Rights.--(1) A conveyance under this section
shall be for a nominal cost. The conveyance may not include the
transfer of mineral or water rights.
(2) If necessary, the exact acreage and legal description of the
real property conveyed under this title shall be determined by a survey
satisfactory to the Secretary and the applicant. The cost of the survey
shall be borne by the applicant.
(d) Review of Applications.--When the Secretary receives an
application under this section, the Secretary shall--
(1) before the end of the 14-day period beginning on the
date of the receipt of the application, provide notice of that
receipt to the applicant; and
(2) before the end of the 120-day period beginning on that
date--
(A) make a final determination whether or not to
convey land pursuant to the application, and notify the
applicant of that determination; or
(B) submit written notice to the applicant
containing the reasons why a final determination has
not been made.
(e) Reversionary Interest.--If, at any time after lands are
conveyed pursuant to this section, the entity to whom the lands were
conveyed attempts to transfer title to or control over the lands to
another or the lands are devoted to a use other than the use for which
the lands were conveyed, title to the lands shall revert to the United
States.
TITLE III--GOLDEN SPIKE/CROSSROADS OF THE WEST NATIONAL HERITAGE AREA
STUDY AREA AND THE CROSSROADS OF THE WEST HISTORIC DISTRICT
SEC. 301. AUTHORIZATION OF STUDY.
(a) Definitions.--For the purposes of this section:
(1) Golden Spike Rail Study.--The term ``Golden Spike Rail
Study'' means the Golden Spike Rail Feasibility Study,
Reconnaissance Survey, Ogden, Utah to Golden Spike National
Historic Site'', National Park Service, 1993.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) Study Area.--The term ``Study Area'' means the Golden
Spike/Crossroads of the West National Heritage Area Study Area,
the boundaries of which are described in subsection (d).
(b) In General.--The Secretary shall conduct a study of the Study
Area which includes analysis and documentation necessary to determine
whether the Study Area--
(1) has an assemblage of natural, historic, and cultural
resources that together represent distinctive aspects of
American heritage worthy of recognition, conservation,
interpretation, and continuing use, and are best managed
through partnerships among public and private entities;
(2) reflects traditions, customs, beliefs, and folk-life
that are a valuable part of the national story;
(3) provides outstanding opportunities to conserve natural,
historic, cultural, or scenic features;
(4) provides outstanding recreational and educational
opportunities;
(5) contains resources important to the identified theme or
themes of the Study Area that retain a degree of integrity
capable of supporting interpretation;
(6) includes residents, business interests, nonprofit
organizations, and local and State governments who have
demonstrated support for the concept of a National Heritage
Area; and
(7) has a potential management entity to work in
partnership with residents, business interests, nonprofit
organizations, and local and State governments to develop a
National Heritage Area consistent with continued local and
State economic activity.
(c) Consultation.--In conducting the study, the Secretary shall--
(1) consult with the State Historic Preservation Officer,
State Historical Society, and other appropriate organizations;
and
(2) use previously completed materials, including the
Golden Spike Rail Study.
(d) Boundaries of Study Area.--The Study Area shall be comprised of
sites relating to completion of the first transcontinental railroad in
the State of Utah, concentrating on those areas identified on the map
included in the Golden Spike Rail Study.
(e) Report.--Not later than 3 fiscal years after funds are first
made available to carry out this section, the Secretary shall submit to
the Committee on Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate a report on the
findings and conclusions of the study and recommendations based upon
those findings and conclusions.
(f) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary such sums as may be necessary to carry
out the provisions of this section.
SEC. 302. CROSSROADS OF THE WEST HISTORIC DISTRICT.
(a) Purposes.--The purposes of this section are--
(1) to preserve and interpret, for the educational and
inspirational benefit of the public, the contribution to our
national heritage of certain historic and cultural lands and
edifices of the Crossroads of the West Historic District; and
(2) to enhance cultural and compatible economic
redevelopment within the District.
(b) Definitions.--For the purposes of this section:
(1) District.--The term ``District'' means the Crossroads
of the West Historic District established by subsection (c).
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) Historic infrastructure.--The term ``historic
infrastructure'' means the District's historic buildings and
any other structure that the Secretary determines to be
eligible for listing on the National Register of Historic
Places.
(c) Crossroads of the West Historic District.--
(1) Establishment.--There is established the Crossroads of
the West Historic District in the city of Ogden, Utah.
(2) Boundaries.--The boundaries of the District shall be
the boundaries depicted on the map entitled ``Crossroads of the
West Historic District'', numbered OGGO-20,000, and dated March
22, 2000. The map shall be on file and available for public
inspection in the appropriate offices of the Department of the
Interior.
(d) Development Plan.--The Secretary may make grants and enter into
cooperative agreements with the State of Utah, local governments, and
nonprofit entities under which the Secretary agrees to pay not more
than 50 percent of the costs of--
(1) preparation of a plan for the development of historic,
architectural, natural, cultural, and interpretive resources
within the District;
(2) implementation of projects approved by the Secretary
under the development plan described in paragraph (1); and
(3) an analysis assessing measures that could be taken to
encourage economic development and revitalization within the
District in a manner consistent with the District's historic
character.
(e) Restoration, Preservation, and Interpretation of Properties.--
(1) Cooperative agreements.--The Secretary may enter into
cooperative agreements with the State of Utah, local
governments, and nonprofit entities owning property within the
District under which the Secretary may--
(A) pay not more than 50 percent of the cost of
restoring, repairing, rehabilitating, and improving
historic infrastructure within the District;
(B) provide technical assistance with respect to
the preservation and interpretation of properties
within the District; and
(C) mark and provide interpretation of properties
within the District.
(2) Non-federal contributions.--When determining the cost
of restoring, repairing, rehabilitating, and improving historic
infrastructure within the District for the purposes of
paragraph (1)(A), the Secretary may consider any donation of
property, services, or goods from a non-Federal source as a
contribution of funds from a non-Federal source.
(3) Provisions.--A cooperative agreement under paragraph
(1) shall provide that--
(A) the Secretary shall have the right of access at
reasonable times to public portions of the property for
interpretive and other purposes;
(B) no change or alteration may be made in the
property except with the agreement of the property
owner, the Secretary, and any Federal agency that may
have regulatory jurisdiction over the property; and
(C) any construction grant made under this section
shall be subject to an agreement that provides--
(I) that conversion, use, or disposal of
the project so assisted for purposes contrary
to the purposes of this section shall result in
a right of the United States to compensation
from the beneficiary of the grant; and
(II) for a schedule for such compensation
based on the level of Federal investment and
the anticipated useful life of the project.
(4) Applications.--
(A) In general.--A property owner that desires to
enter into a cooperative agreement under paragraph (1)
shall submit to the Secretary an application describing
how the project proposed to be funded will further the
purposes of the management plan developed for the
District.
(B) Consideration.--In making such funds available
under this subsection, the Secretary shall give
consideration to projects that provide a greater
leverage of Federal funds.
(f) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out this section not more than
$1,000,000 for any fiscal year and not more than $5,000,000 total.
Amend the title so as to read ``An Act to establish the
California Trail Interpretive Center in Elko, Nevada, to
facilitate the interpretation of the history of development and
use of trails in the settling of the western portion of the
United States, and for other purposes.''.
Attest:
Clerk.
106th CONGRESS
2d Session
S. 2749
_______________________________________________________________________
AMENDMENTS