[House Report 106-740]
[From the U.S. Government Publishing Office]
106th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 106-740
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YUMA CROSSING NATIONAL HERITAGE AREA ACT OF 2000
_______
July 17, 2000.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Young of Alaska, from the Committee on Resources, submitted the
following
R E P O R T
[To accompany H.R. 2833]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 2833) to establish the Yuma Crossing National Heritage
Area, having considered the same, report favorably thereon with
an amendment and recommend that the bill 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; DEFINITIONS.
(a) Short Title.--This Act may be cited as the ``Yuma Crossing
National Heritage Area Act of 2000''.
(b) Definitions.--In this Act:
(1) Heritage area.--The term ``Heritage Area'' means the Yuma
Crossing National Heritage Area established in section 3.
(2) Management entity.--The term ``management entity'' shall
mean the Yuma Crossing National Heritage Area Board of
Directors referred to section 3(c).
(3) Management plan.--The term ``management plan'' shall mean
the management plan for the Yuma Crossing National Heritage
Area.
(4) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds the following:
(1) Certain events that led to the establishment of the Yuma
Crossing as a natural crossing place on the Colorado River and
to its development as an important landmark in America's
westward expansion during the mid-19th century are of national
historic and cultural significance in terms of their
contribution to the development of the new United States of
America.
(2) It is in the national interest to promote, preserve, and
protect physical remnants of a community with almost 500 years
of recorded history which has outstanding cultural, historic,
and architectural value for the education and benefit of
present and future generations.
(3) The designation of the Yuma Crossing as a national
heritage area would preserve Yuma's history and provide related
educational opportunities, provide recreational opportunities,
preserve natural resources, and improve the city and county of
Yuma's ability to serve visitors and enhance the local economy
through the completion of the major projects identified within
the Yuma Crossing National Heritage Area.
(4) The Department of the Interior is responsible for
protecting the Nation's cultural and historic resources. There
are significant examples of these resources within the Yuma
region to merit the involvement of the Federal Government in
developing programs and projects, in cooperation with the Yuma
Crossing National Heritage Area and other local and
governmental bodies, to adequately conserve, protect, and
interpret this heritage for future generations while providing
opportunities for education, revitalization, and economic
development.
(5) The city of Yuma, the Arizona State Parks Board, agencies
of the Federal Government, corporate entities, and citizens
have completed a study and master plan for the Yuma Crossing to
determine the extent of its historic resources, preserve and
interpret these historic resources, and assess the
opportunities available to enhance the cultural experience for
region's visitors and residents.
(6) The Yuma Crossing National Heritage Area Board of
Directors would be an appropriate management entity for a
heritage area established in the region.
(b) Purpose.--The objectives of the Yuma Crossing National Heritage
Area are as follows:
(1) To recognize the role of the Yuma Crossing in the
development of the United States, with particular emphasis on
the roll of the crossing as an important landmark in the
westward expansion during the mid-19th century.
(2) To promote, interpret, and develop the physical and
recreational resources of the communities surrounding the Yuma
Crossing, which has almost 500 years of recorded history and
outstanding cultural, historic, and architectural assets, for
the education and benefit of present and future generations.
(3) To foster a close working relationship with all levels of
government, the private sector, and the local communities in
the Yuma community and empower the community to conserve its
heritage while continuing to pursue economic opportunities.
(4) To provide recreational opportunities for visitors to the
Yuma Crossing and preserve natural resources within the
Heritage Area.
(5) To improve the Yuma region's ability to serve visitors
and enhance the local economy through the completion of the
major projects identified within the Heritage Area.
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.
(c) Management Entity.--The management entity for the Heritage Area
shall be the Yuma Crossing National Heritage Area Board of Directors
which shall include representatives from a broad cross-section of the
individuals, agencies, organizations, and governments that were
involved in the planning and development of the Heritage Area before
the date of the enactment of this Act.
SEC. 4. COMPACT.
(a) In General.--To carry out the purposes of this Act, the Secretary
of the Interior shall enter into a compact with the management entity.
(b) Components of Compact.--The compact shall include information
relating to the objectives and management of the Heritage Area,
including each of the following:
(1) A discussion of the goals and objects of the Heritage
Area.
(2) An explanation of the proposed approach to conservation
and interpretation of the Heritage Area.
(3) A general outline of the protection measures to which the
management entity commits.
SEC. 5. AUTHORITIES AND DUTIES OF MANAGEMENT ENTITY.
(a) Authorities of the Management Entity.--The management entity may,
for purposes of preparing and implementing the management plan, use
funds made available through this Act for the following:
(1) To make grants to, and enter into cooperative agreements
with, States and their political subdivisions, private
organizations, or any person.
(2) To hire and compensate staff.
(3) To enter into contracts for goods and services.
(b) Management Plan.--
(1) In general.--Taking into consideration existing State,
county, and local plans, the management entity shall develop a
management plan for the Heritage Area.
(2) Contents.--The management plan required by this
subsection shall include--
(A) comprehensive recommendations for conservation,
funding, management, and development of the Heritage
Area;
(B) actions to be undertaken by units of government
and private organizations to protect the resources of
the Heritage Area;
(C) a list of specific existing and potential sources
of funding to protect, manage, and develop the Heritage
Area;
(D) 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;
(E) a recommendation of policies for resource
management which considers and details application of
appropriate land and water management techniques,
including the development of intergovernmental
cooperative agreements to protect the historical,
cultural, recreational, and natural resources of the
Heritage Area in a manner consistent with supporting
appropriate and compatible economic viability;
(F) a program for implementation of the management
plan by the management entity, including plans for
restoration and construction, and specific commitments
of the identified partners for the first 5 years of
operation;
(G) an analysis of ways in which local, State, and
Federal programs may best be coordinated to promote the
purposes of this Act; and
(H) an interpretation plan for the Heritage Area.
(3) Submission to secretary.--The management entity shall
submit the management plan to the Secretary for approval not
later than 3 years after the date of enactment of this Act. If
a management plan is not submitted to the Secretary as required
within the specified time, the Heritage Area shall no longer
qualify for Federal funding.
(c) Duties of Management Entity.--In addition to its duties under
subsection (b), the management entity shall--
(1) give priority to implementing actions set forth in the
compact and management plan, including steps to assist units of
government, regional planning organizations, and nonprofit
organizations in preserving the Heritage Area;
(2) assist units of government, regional planning
organizations, and nonprofit organizations with--
(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) restoring any historic building relating to the
themes of the Heritage Area; and
(E) ensuring that clear, consistent, and
environmentally appropriate signs identifying access
points and sites of interest are put in place
throughout the Heritage Area;
(3) encourage, by appropriate means, economic viability in
the Heritage Area consistent with the goals of the management
plan;
(4) encourage local governments to adopt land use policies
consistent with the management of the Heritage Area and the
goals of the management plan;
(5) consider the interests of diverse governmental, business,
and nonprofit groups within the Heritage Area;
(6) conduct public meetings at least quarterly regarding the
implementation of the management plan; and
(7) for any year in which Federal funds have been received
under this Act, make available for audit all records pertaining
to the expenditure of such funds and any matching funds, and
require, for all agreements authorizing expenditure of Federal
funds by other organizations, that the receiving organizations
make available for audit all records pertaining to the
expenditure of such funds.
(d) Prohibition on the Acquisition of Real Property.--The management
entity may not use Federal funds received under this Act to acquire
real property or an interest in real property. Nothing in this Act
shall preclude any management entity from using Federal funds from
other sources for their permitted purposes.
(e) Spending for Non-Federally Owned Property.--The management entity
may spend Federal funds directly on non-federally owned property to
further the purposes of this Act, especially in assisting units of
government in appropriate treatment of districts, sites, buildings,
structures, and objects listed or eligible for listing on the National
Register of Historic Places.
SEC. 6. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES.
(a) Technical and Financial Assistance.--The Secretary may, upon
request of the management entity, provide technical and financial
assistance to the management entity to develop and implement the
management plan. In assisting the management entity, the Secretary
shall give priority to actions that in general assist in--
(1) conserving the significant natural, historic, and
cultural resources which support the themes of the Heritage
Area; and
(2) providing educational, interpretive, and recreational
opportunities consistent with resources and associated values
of the Heritage Area.
(b) Approval and Disapproval of Management Plan.--The Secretary, in
consultation with the Yuma Crossing National Heritage Area Board of
Directors, shall approve or disapprove the management plan submitted
under this Act not later than 90 days after receiving such management
plan.
(c) Action Following Disapproval.--If the Secretary disapproves a
submitted compact or management plan, the Secretary shall advise the
management entity in writing of the reasons therefore 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 Amendments.--The Secretary shall review substantial
amendments to the management plan for the Heritage Area. Funds
appropriated pursuant to this Act may not be expended to implement the
changes made by such amendments until the Secretary approves the
amendments.
(e) Documentation.--Subject to the availability of funds, the
Historic American Building Survey/Historic American Engineering Record
shall conduct those studies necessary to document the cultural,
historic, architectural, and natural resources of the Heritage Area.
SEC. 7. SUNSET.
The Secretary may not make any grant or provide any assistance under
this Act after September 30, 2015.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated under this
Act not more than $1,000,000 for any fiscal year. Not more than a total
of $10,000,000 may be appropriated for the Heritage Area under this
Act.
(b) 50 Percent Match.--Federal funding provided under this Act, after
the designation of the Heritage Area, may not exceed 50 percent of the
total cost of any assistance or grant provided or authorized under this
Act.
PURPOSE OF THE BILL
The purpose of H.R. 2833 is to establish the Yuma Crossing
National Heritage Area.
BACKGROUND AND NEED FOR LEGISLATION
H.R. 2833 would authorize the Secretary of the Interior to
establish the Yuma Crossing National Heritage Area, in Yuma,
Arizona. The Yuma Crossing was the natural crossing place of
the Colorado River. This geographic feature eventually led to
Yuma to become the epicenter of America's westward expansion
during the mid-19th century. This bill would serve to protect
the historic elements located in the Yuma community, and would
further educational, recreational, and economic opportunities
of the region.
The Secretary of the Interior will manage the proposed
National Heritage Area, in conjunction with the management
entity known as Yuma Crossing National Heritage Board of
Directors. H.R. 2833 authorizes appropriations of up to $1
million annually, with an overall cap of $10 million. Funding
from the federal government may not exceed 50 percent of the
total cost of any assistance or grants, and the Secretary is to
discontinue grants and all assistance after September, 2015.
COMMITTEE ACTION
H.R. 2833 was introduced on September 9, 1999, by
Congressman Ed Pastor (R-AZ). The bill was referred to the
Committee on Resources, and within the Committee to the
Subcommittee on National Parks and Public Lands. On April 4,
2000 the Subcommittee held a hearing on the bill. On May 18,
2000, the Subcommittee met to consider the bill. A technical
amendment was offered by Congressman Jim Hansen (R-UT) at the
Administration's request. The amendment was adopted by voice
vote, and the bill, as amended, was then ordered favorably
reported to the Full Committee by voice vote. On June 7, 2000,
the Resources Committee met to consider the bill. No further
amendments were offered, and the bill, as amended, was ordered
favorably reported to the House of Representatives by voice
vote.
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Resources' oversight findings and recommendations
are reflected in the body of this report.
CONSTITUTIONAL AUTHORITY STATEMENT
Article I, section 8 of the Constitution of the United
States grants Congress the authority to enact this bill.
COMPLIANCE WITH HOUSE RULE XIII
1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
3. Government Reform Oversight Findings. Under clause
3(c)(4) of rule XIII of the Rules of the House of
Representatives, the Committee has received no report of
oversight findings and recommendations from the Committee on
Government Reform on this bill.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office.
U.S. Congress,
Congressional Budget Office,
Washington, DC, June 20, 2000.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 2833, the Yuma
Crossing National Heritage Area Act of 2000.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contacts for federal
costs are Deborah Reis and Ali Aslam, who can be reached at
226-2860. The contact for the private-sector impact is Natalie
Tawil, who can be reached at 226-2940.
Sincerely,
Steven M. Lieberman
(For Dan L. Crippen, Director).
Enclosure.
H.R. 2833--Yuma Crossing National Heritage Area Act of 2000
H.R. 2833 would establish the Yuma Crossing National
Heritage Area in the county and city of Yuma, Arizona. The bill
would direct the Secretary of the Interior to enter into an
agreement with the Yuma Crossing National Heritage Area Board
of Directors, the designated management entity for the area, to
conserve and interpret area resources. The board would develop
a management plan that identifies activities and sources of
funding to protect and manage the heritage area. In addition,
the board would make grants to state and local agencies and
other entities to implement the plan. For these purposes, the
bill would authorize the appropriation of $10 million, not to
exceed $1 million annually.
Assuming appropriation of the authorized amounts, CBO
estimates that implementing H.R. 2833 would cost $10 million
over the next 10 to 15 years. Such amount would be used to
cover a portion of the costs of establishing, operating, and
interpreting the heritage area. The bill would not affect
direct spending or receipts; therefore, pay-as-you-go
procedures would not apply.
H.R. 2833 contains no intergovernmental mandates as defined
in the Unfunded Mandates Reform Act (UMRA). The state of
Arizona and local governments within the state might choose to
participate in the planning for and management of the national
heritage area and would incur some costs as a result. Such
costs would be voluntary. Participating governments would be
eligible to receive grants to cover a portion of the costs
associated with those activities. H.R. 2833 would impose no
costs on other state, local, or tribal governments.
The bill would impose private-sector mandates, but CBO
estimates that the total direct costs of those mandates would
fall well below the annual threshold established in UMRA ($109
million in 2000, adjusted annually for inflation) during the
first five years that the mandates are in effect.
H.R. 2833 would impose new private-sector mandates on the
Yuma Crossing National Heritage Area Board of Directors, which
the bill would designate as the management entity for the
heritage area. The bill would require the board to develop, and
submit to the Secretary of the Interior for approval, a
management plan for the heritage area. H.R. 2833 also would
require the board to conduct public meetings regarding the plan
and to assist local governments and other organizations in
activities related to the purposes of the heritage area. Based
on information provided by the Yuma Crossing National Heritage
Area Task Force, CBO estimates that the total direct costs of
mandates in the bill would fall well below the annual threshold
established in UMRA in each of the first five years that the
mandates are in effect. The bill would authorize appropriations
to cover up to 50 percent of the costs of developing and
implementing the management plan and would direct the Secretary
to provide technical assistance to the management entity upon
request.
On June 20, 2000, CBO transmitted a cost estimate for S.
1998, the Yuma Crossing National Heritage Area Act of 1999, as
ordered reported by the Senate Committee on Energy and National
Resources on June 7, 2000. These bills are very similar and our
cost estimates are the same.
The CBO staff contacts are Deborah Reis and Ali Aslam (for
federal costs), Susan Sieg Tompkins (for the state and local
impact), and Natalie Tawil (for the private-sector impact).
This estimate was approved by Peter H. Fontaine, Deputy
Assistant Director for Budget Analysis.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
PREEMPTION OF STATE, LOCAL, OR TRIBAL LAW
This bill is not intended to preempt State, local, or
tribal law.
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes in existing
law.