[106th Congress Public Law 577] [From the U.S. Government Printing Office] <DOC> [DOCID: f:publ577.106] [[Page 3067]] CALIFORNIA TRAIL INTERPRETIVE CENTER [[Page 114 STAT. 3068]] Public Law 106-577 106th Congress An Act To establish the California Trail Interpretive Center in Elko, Nevada, to facilitate the interpretation of <<NOTE: Dec. 28, 2000 - [S. 2749]>> the history of development and use of trails in the settling of the western portion of the United States, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, TITLE I--CALIFORNIA <<NOTE: California Trail Interpretive Act. 16 USC 1244 note.>> 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: [[Page 114 STAT. 3069]] (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; [[Page 114 STAT. 3070]] (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 <<NOTE: Education Land Grant Act.>> NATIONAL FOREST SYSTEM LANDS FOR EDUCATIONAL PURPOSES SEC. 201. <<NOTE: 16 USC 479a note.>> SHORT TITLE. This title may be cited as the ``Education Land Grant Act''. SEC. 202. CONVEYANCE <<NOTE: 16 USC 479a.>> 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 [[Page 114 STAT. 3071]] 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 <<NOTE: Notification.>> 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 <<NOTE: Utah.>> 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). [[Page 114 STAT. 3072]] (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 <<NOTE: Deadline.>> 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. <<NOTE: 16 USC 461 note.>> 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: [[Page 114 STAT. 3073]] (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, [[Page 114 STAT. 3074]] 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. Approved December 28, 2000. LEGISLATIVE HISTORY--S. 2749: --------------------------------------------------------------------------- SENATE REPORTS: No. 106-441 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 146 (2000): Oct. 5, considered and passed Senate. Oct. 24, considered and passed House, amended. Dec. 15, Senate concurred in House amendments. <all>