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                                                         Calendar No. 9
109th Congress                                                   Report
                                 SENATE
 1st Session                                                      109-2

======================================================================
 
               MORMON PIONEER NATIONAL HERITAGE AREA ACT

                                _______
                                

               February 16, 2005.--Ordered to be printed

                                _______
                                

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

                              R E P O R T

                         [To accompany S. 163]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 163) to establish the Mormon Pioneer 
National Heritage Area in the State of Utah, and for other 
purposes, having considered the same, reports favorably thereon 
with amendments and an amendment to the title and recommends 
that the bill, as amended, do pass.
    The amendments are as follows:
    1. On page 1, lines 4 and 5, strike ``National Mormon 
Pioneer'' and insert ``Mormon Pioneer National''.
    2. One page 4, line 22, strike ``National Mormon Pioneer'' 
and insert ``Mormon Pioneer National''.
    3. One page 5, line 8, strike ``NATIONAL MORMON PIONEER'' 
and insert ``MORMON PIONEER NATIONAL''.
    3. One page 5, lines 9 and 10, strike ``National Mormon 
Pioneer'' and insert ``Mormon Pioneer National''.
    5. On page 5, line 13, strike ``that are''.
    6. On page 5, line 14, insert ``that are'' before 
``related''.
    7. On page 6, line 10, strike ``located in'' and insert 
``including''.
    8. Amend the title so as to read: ``A bill to establish the 
Mormon Pioneer National Heritage Area in the State of Utah, and 
for other purposes.''.

                         PURPOSE OF THE MEASURE

    The purpose of S. 163 is to establish the Mormon Pioneer 
National Heritage Area in the State of Utah.

                          BACKGROUND AND NEED

    S. 163 would establish the Mormon Pioneer National Heritage 
Area in central Utah along Highway 89. Central Utah contains a 
wealth of nationally important historical, cultural, and 
natural legacies of Mormon settlement. The settlement of the 
Mormon settlers opened up vast amounts of natural resources for 
economic need. Mormon settlement played a significant role in 
the history and progress of the development and settlement of 
the Western United States. Establishment of the Mormon Pioneer 
National Heritage Area will assist in the preservation and 
interpretation of the area's unique and nationally significant 
resources.

                          LEGISLATIVE HISTORY

    S. 163 was introduced by Senator Bennett on January 26, 
2005. At a business meeting on February 9, 2005, the Committee 
on Energy and Natural Resources ordered S. 163 favorably 
reported. During the 108th Congress, Senator Bennet introduced 
identical legislation, S. 916, on April 11, 2003. The text of 
S. 916 was identical to S. Amendment 4085 to S. 1521, which 
passed the Senate on December 7, 2004. The House of 
Representatives did not consider the bill prior to the sine die 
adjournment of the 108th Congress.

                        COMMITTEE RECOMMENDATION

    The Senate Committee on Energy and Natural Resources, in an 
open business session on February 9, 2005, by a unanimous voice 
vote of a quorum present, recommends that the Senate pass S. 
163, if amended as described herein.

                          COMMITTEE AMENDMENTS

    During its consideration of S. 163, the Committee adopted 
several clarifying amendments and an amendment to the title. 
The amendments clarify that the name of the heritage area is 
the Mormon Pioneer National Heritage Area.

                      SECTION-BY-SECTION ANALYSIS

    Section 1 entitles the bill ``Mormon Pioneer National 
Heritage Area Act.''
    Section 2 sets forth congressional findings.
    Section 3 defines key terms in the Act.
    Section 4 establishes the Mormon Pioneer National Heritage 
Area and describes the corridors within the State of Utah to be 
included in the boundary.
    Section 5 defines the Utah Heritage Highway 89 Alliance as 
the management entity and sets out its authorities and 
limitations.
    Section 6 requires the management entity to prepare a 
management plan for the Heritage Area and sets forth the 
elements of the plan.
    Section 7 states that the Secretary of the Interior may 
provide technical and financial assistance upon request by the 
management entity for 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 8 states that the Act does not grant any Federal 
agency regulatory authority and will have no effect on the 
authority of any local, State or Federal Government to regulate 
land use or environmental quality designations as provided for 
by law.
    Section 9 authorizes to be appropriated $10 million to 
carry out this Act, with no more than $1 million 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.
    Section 10 terminates the authority to assist the 
management entity 15 years after the date of enactment.

                   COST AND BUDGETARY CONSIDERATIONS

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

                                                 February 14, 2005.
Hon. Pete V. Domenici,
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 S. 163, the Mormon 
Pioneer National Heritage Area Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Lisa Cash 
Driskill.
            Sincerely,
                                               Douglas Holtz-Eakin.
    Enclosure.

S. 163--Mormon Pioneer National Heritage Area Act

    S. 163 would establish the Mormon Pioneer National Heritage 
Area in Utah and would designate the Utah Heritage Highway 89 
Alliance as the managing entity for the area. The nonprofit 
corporation would be responsible for developing and 
implementing a management plan for the protection, development, 
and management of cultural and other area resources. Finally, 
the legislation would authorize the appropriation of $10 
million, not to exceed $1 million annually, for technical and 
financial assistance to the Alliance over the next 15 years.
    Assuming appropriation of the authorized amounts, CBO 
estimates that implementing S. 163 would cost $10 million over 
the next 10 to 15 years. Such amounts would be used to cover a 
portion of the costs of planning, establishing, operating, and 
interpreting the heritage area. Enacting this legislation would 
have no effect on revenues or direct spending.
    S. 163 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.
    The CBO staff contact for this estimate is Lisa Cash 
Driskill. The 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 S. 163.
    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 S. 163.

                        EXECUTIVE COMMUNICATIONS

    On February 9, 2005, the Committee on Energy and Natural 
Resources requested legislative reports from the Department of 
the Interior setting forth executive views of S. 163. These 
views had not been received at the time this report 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.

                        CHANGES IN EXISTING LAW

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee notes that no 
changes in existing law are made by the bill S. 163 as ordered 
reported.