[Senate Report 107-29]
[From the U.S. Government Publishing Office]
Calendar No. 64
107th Congress Report
SENATE
1st Session 107-29
======================================================================
KENAI MOUNTAINS-TURNAGAIN ARM NATIONAL
HERITAGE AREA ACT OF 2001
_______
June 5, 2001.--Ordered to be printed
_______
Mr. Murkowski, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 509]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 509) to establish the Kenai Mountains-
Turnagain Arm National Heritage Area in the State of Alaska,
and for other purposes, having considered the same, reports
favorably thereon with an amendment and an amendment to the
title and recommends that the bill, as amended, do pass.
The amendments are as follows:
1. Strike out all after the enacting clause and insert in
lieu thereof the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Kenai Mountains-Turnagain Arm
National Heritage Corridor Act of 2001''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) The Kenai Mountains-Turnagain Arm transportation corridor
is a major gateway to Alaska and includes a range of
transportation routes used first by indigenous people who were
followed by pioneers who settled the nation's last frontier;
(2) the natural history and scenic splendor of the region are
equally outstanding; vistas of nature's power include evidence
of earthquake subsidence, recent avalanches, retreating
glaciers and tidal action along Turnagain Arm, which has the
world's second greatest tidal range;
(3) the cultural landscape formed by indigenous people and
then by settlement, transportation and modern resource
development in this rugged and often treacherous natural
setting stands as powerful testimony to the human fortitude,
perseverance, and resourcefulness that is America's proudest
heritage from the people who settled the frontier;
(4) there is a national interest in recognizing, preserving,
promoting, and interpreting these resources;
(5) the Kenai Mountains-Turnagain Arm region is
geographically and culturally cohesive because it is defined by
a corridor of historic routes--trail, water, railroad, and
roadways through a distinct landscape of mountains, lakes, and
fjords;
(6) national significance of separate elements of the region
include, but are not limited to, the Iditarod National Historic
Trail, the Seward Highway National Scenic Byway, and the Alaska
Railroad National Scenic Railroad;
(7) national Heritage Corridor designation provides for the
interpretation of these routes, as well as the national
historic districts and numerous historic routes in the region
as part of the whole picture of human history in the wider
transportation corridor including early Native trade routes,
connections by waterway, mining trail, and other routes;
(8) national Heritage Corridor designation also provides
communities within the region with the motivation and means for
``grass roots'' regional coordination and partnerships with
each other and with borough, State, and Federal agencies; and
(9) national Heritage Corridor designation is supported by
the Kenai peninsula Historical Association, the Seward
Historical Commission, the Seward City Council, the Hope and
Sunrise Historical Society, the Hope Chamber of Commerce, the
Alaska Association for Historic Preservation, the Cooper
Landing Community Club, the Alaska Wilderness Recreation and
Tourism Association, Anchorage Historic Properties, the
Anchorage Convention and Visitors Bureau, the Cook Inlet
Historical Society, the Moose Pass Sportsman's Club, the Alaska
Historical Commission, the Girdwood Board of Supervisors, the
Kenai River Special Management Area Advisory Board, the Bird/
Indian Community Council, the Kenai Peninsula Borough Trails
Commission, the Alaska Division of Parks and Recreation, the
Kenai Peninsula Borough, the Kenai Peninsula Tourism Marketing
Council, and the Anchorage Municipal Assembly.
(b) Purposes.--The purposes of this Act are--
(1) to recognize, preserve, and interpret the historic and
modern resource development and cultural landscapes of the
Kenai Mountains-Turnagain Arm historic transportation corridor,
and to promote and facilitate the public enjoyment of these
resources; and
(2) to foster, through financial and technical assistance,
the development of cooperative planning and partnerships among
the communities and borough, State, and Federal Government
entities.
SEC. 3. DEFINITIONS.
In this Act:
(1) Heritage corridor.--The term ``Heritage Corridor'' means
the Kenai Mountains-Turnagain Arm National Heritage Corridor
established by section 4(a) of this Act.
(2) Management entity.--The term ``management entity'' means
the 11 member Board of Directors of the Kenai Mountains-
Turnagain Arm National Heritage Corridor Communities
Association, a non-profit corporation, established in
accordance with the laws of the State of Alaska.
(3) Management plan.--The term ``management plan'' means the
management plan for the Heritage Corridor.
(4) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
SEC. 4. KENAI MOUNTAINS.TURNAGAIN ARM NATIONAL HERITAGE CORRIDOR.
(A) Establishment.--There is established the Kenai Mountains-
Turnagain Arm National Heritage Corridor.
(b) Boundaries.--The Heritage Corridor shall comprise the lands in
the Kenai Mountains and upper Turnagain Arm region generally depicted
on the map entitled ``Kenai Peninsula/Turnagain Arm National Heritage
Corridor'', numbered ``Map #KMTA--1, and dated ``August 1999''. The map
shall be on file and available for public inspection in the offices of
the Alaska Regional Office of the National Park Service and in the
offices of the Alaska State Heritage Preservation Officer.
SEC. 5. MANAGEMENT ENTITY.
(a) To carry out the purposes of this Act, the Secretary shall
enter into a cooperative agreement with the management entity. The
cooperative agreement shall be prepared with public participation and
shall include information relating to the objectives and management of
the Heritage Corridor, including the following:
(1) A discussion of the goals and objectives of the Heritage
Corridor;
(2) An explanation of the proposed approach to conservation
and interpretation of the Heritage Corridor;
(3) A general outline of the protection measures, to which
the management entity commits.
(b) Nothing in this Act authorizes the management entity to assume
any management authorities or responsibilities on Federal lands.
(c) Representatives of other organizations shall be invited and
encouraged to participate with the management entity and in the
development and implementation of the management plan, including but
not limited to: The State Division of Parks and Outdoor Recreation; the
State Division of Mining, Land and Water; the Forest Service; the State
Historic Preservation Office, the Kenai Peninsula Borough; the
Municipality of Anchorage; the Alaska Railroad; the Alaska Department
of Transportation; and the National Park Service.
SEC. 6. AUTHORITIES AND DUTIES OF MANAGEMENT ENTITY.
(a) Management Plan.--
(1) In general.--Not later than 3 years after the Secretary
enters into a cooperative agreement with the management entity,
the management entity shall develop a management plan for the
Heritage Corridor, taking into consideration existing Federal,
State, borough, and local plans.
(2) Contents.--The management plan shall include, but not be
limited to--
(A) comprehensive recommendations for conservation,
funding, management, and development of the Heritage
Corridor;
(B) a description of agreements on actions to be
carried out by public and private organizations to
protect the resources of the Heritage Corridor;
(C) a list of specific and potential sources of
funding to protect, manage, and develop the Heritage
Corridor;
(D) an inventory of the known cultural and historic
resources contained in the Heritage Corridor; and
(E) a description of the role and participation of
other Federal, State, and local agencies that have
jurisdiction on lands within the Heritage Corridor;
(b) Priorities.--The management entity shall give priority to the
implementation of actions, goals, and policies set forth in the
cooperative agreement with the Secretary and the management plan,
including assisting communities within the region in--
(1) carrying out programs which recognize important resource
values in the Heritage Corridor;
(2) encouraging economic viability in the affected
communities;
(3) establishing and maintaining interpretive exhibits in the
Heritage Corridor;
(4) improving and interpreting heritage trails;
(5) increasing public awareness and appreciation for the
natural, historical, and cultural resources and modern resource
development of the Heritage Corridor;
(6) restoring historic buildings and structures that are
located within the boundaries of the Heritage Corridor; and
(7) ensuring that clear, consistent, and appropriate signs
identifying public access points and sites of interest are
placed throughout the Heritage corridor.
(c) Public Meetings.--The management entity shall conduct 2 or more
public meetings each year regarding the initiation and implementation
of the management plan for the Heritage Corridor. The management entity
shall place a notice of each such meeting in a newspaper of general
circulation in the Heritage Corridor and shall make the minutes of the
meeting available to the public.
SEC. 7. DUTIES OF THE SECRETARY.
In accordance with the terms and conditions of the cooperative
agreement and upon the request of the management entity, and subject to
the availability of funds, the Secretary may provide administrative,
technical, financial, design, development, and operations assistance to
carry out the purposes of this Act.
SEC. 8. SAVINGS PROVISIONS.
(a) Regulatory Authority.--Nothing in this Act shall be construed
to grant powers of zoning or management of land use to the management
entity of the Heritage Corridor.
(b) Effect on Authority of Governments.--Nothing in this Act shall
be construed to modify, enlarge, or diminish any authority of the
Federal, State, or local governments to manage or regulate any use of
land as provided for by law or regulation.
(c) Effect on Business.--Nothing in this Act shall be construed to
obstruct or limit business activity on private development or resource
development activities.
SEC. 9. PROHIBITION ON THE ACQUISITION OR REAL PROPERTY.
The management entity may not use funds appropriated to carry out
the purposes of this Act to acquire real property or interest in real
property.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
(a) First Year.--For the first year $350,000 is authorized to be
appropriated to carry out the purposes of this Act, and is made
available upon the Secretary and the management entity entering into a
cooperative agreement as authorized in section 3.
(b) In General.--There is authorized to be appropriated not more
than $1,000,000 to carry out the purposes of this Act for any fiscal
year after the first year. Not more than $10,000,000, in the aggregate,
may be appropriated for the Heritage Corridor.
(c) Matching Funds.--Federal funding provided under this Act shall
be matched at least 25 percent by other funds or in-kind services.
(d) Sunset Provision.--The Secretary may not make any grant or
provide any assistance under this Act beyond 15 years from the date
that the Secretary and management entity complete a cooperative
agreement.
2. Amend the title so as to read: ``To establish the Kenai
Mountains-Turnagain Arm National Heritage Corridor in the State
of Alaska, and for other purposes.''.
purpose of the measure
The purpose of S. 509 is to establish the Kenai Mountains-
Turnagain Arm National Heritage Corridor in the State of
Alaska, and designate the Board of Directors of the Kenai
Mountains-Turnagain Arm National Heritage Corridor Communities
Association as the management entity to carry out the purposes
of the Act.
background and need
The Kenai Mountains-Turnagain Arm corridor in Alaska
highlights the experience of the western frontier, and contains
heritage resources that tell the story of transportation,
settlement, the gold rush, and resource development in a
difficult and remote landscape. Small communities, still very
much as they were in the past, are dwarfed by the sweeping
landscape. Turnagain Arm, once a critical transportation link,
has the world's second greatest tidal range, and a traveler
through the alpine valleys and mountain passes of the area can
see evidence of retreating glaciers, earthquake subsidence, and
avalanches. Wildlife is abundant.
Through this rugged terrain, transportation routes were
developed into south central and interior Alaska. Alaska
Natives, Russians, gold rush ``stampeders,'' and other arrived
seeking access to the resource-rich land. Historic trails and
evidence of mining history are often embedded and nearly hidden
in the landscape. The Iditarod Trail to Nome, used to haul mail
in and gold out, started at Seward. Only in the last half of
the 20th Century was the highway from Seward to Anchorage
opened. Before then, the small communities of the corridor were
linked to the rest of Alaska by wagon trail, rail, and by boat
access across Turnagain Arm and the Kenai River.
S. 509 creates the Kenai Mountains-Turnagain Arm National
Heritage Corridor. The designation has the support of statewide
tourism and historical preservation groups, and the city of
Seward. Virtually every small community within the corridor has
passed a resolution or submitted a letter in support of the
designation. The Board of Directors of the Kenai Mountains-
Turnagain Arm National Heritage Corridor Communities
Association would serve as the management entity, and would be
comprised by citizens of the local communities and
representatives of organizations such as Native associations,
the Iditarod Trail Committee, historical societies, visitor
associations, and private or business entities. S. 509
authorizes the appropriation of $10 million and Secretary of
the Interior's assistance for a period of 15 years.
legislative history
S. 509 was introduced by Senator Mukowski on March 9, 2000.
The bill is similar to legislation introduced by the 106th
Congress, S. 2511. Although the Committee did not hold a
hearing on S. 509, on May 25, 2000 the Subcommittee on National
Parks, Historic Preservation, and Recreation held a hearing on
S. 2511 and on June 7, 2000, the Committee on Energy and
Natural Resources ordered S. 2511, as amended, favorably
reported. The Senate passed S. 2511 as amended, on September
22, 2000. No further action on S. 2511 was taken by the House
of Representatives during the 106th Congress.
committee recommendation
On May 16, 2001, the Committee on Energy and Natural
Resources ordered S. 509 favorably reported, with an amendment
in the nature of a substitute.
committee amendment
At a Committee business meeting, an amendment in the nature
of a substitute was offered. The amendment makes several
technical and clarifying changes to S. 509.
section-by-section analysis
Section 1 designates the bill's short title.
Section 2(a) contains congressional findings.
Subsection (b) describes the purposes of the Act, which are
to: (1) recognize, preserve, and interpret the historic and
modern resource development and cultural landscapes of the
Kenai Mountains-Turnagain Arm historic transportation corridor,
and to promote and facilitate the public enjoyment of these
resources; and (2) foster, through financial and technical
assistance, the development of cooperative planning and
partnerships among the communities and borough, State, and
Federal Government entities.
Section 3 defines the term ``management entity'' as the
management entity established by section 5, and provides
definitions for several other key terms used in the Act.
Section 4 established the Kenai Mountains-Turnagain Arm
National Heritage Corridor, and provides a map reference that
depicts its boundaries.
Section 5 directs the Secretary to enter into a cooperative
agreement with the management entity. This section also
prescribes the contents of the cooperative agreement and
directs that the cooperative agreement is to be prepared with
public participation. The management entity is not authorized
to assume any management authority on Federal lands.
Representative of other organizations, including but not
limited to those specified, must also be invited and encouraged
to participate with the management entity in the development
and implementation of the management plan.
Section 6(a) requires the management entity to develop a
management plan for the Heritage Corridor within 3 years of
entering into a cooperative agreement with the Secretary of the
Interior, and prescribes the contents of the plan.
Subsection (b) establishes activities to which the
management entity must give priority in assisting communities
in the region, including: (1) carrying out programs which
recognize the important resource values in the heritage area;
(2) encouraging economic viability in the affected communities;
(3) establishing and maintaining interpretive exhibits; (4)
improving and interpreting heritage trails; (5) increasing
public awareness and appreciation of resources within the
heritage corridor; (6) restoring historical building and
structures; and (7) ensuring that clear, consistent, and
appropriate signs identifying public access points and sites of
interest are placed throughout the heritage corridor.
Subsection (c) requires the management entity to conduct at
least two public meetings each year regarding initiation and
implementation of the management plan.
Section 7 allows the Secretary to provide administrative,
technical, financial, design, development, and operations
assistance, pursuant to the cooperative agreement.
Section 8 clarifies that nothing in this Act grants powers
of zoning or land use to the management entity, changes the
authority of any unit of government to manage or regulate land
use, or limits business activity on private development or
resource development activities.
Section 9 prohibits the management entity from acquiring
real property or any interest in real property.
Section 10 authorizes the appropriation of $10 million,
with a limit of $350,000 for the first fiscal year, and $1
million per fiscal year thereafter, conditioned upon the
management entity completing a cooperative agreement, and
subject to at least a 25 percent match of other funds or in-
kind services. The Secretary's authority to provide any
assistance under this Act terminates 15 years after the date
that the Secretary and the management entity complete a
cooperative agreement.
cost and budgetary considerations
The following estimate of costs of this measure has been
provided by the Congressional Budget Office.
S. 509--Kenai Mountains-Turnagain Arm National Heritage Corridor Act of
2001
S. 509 would establish the Kenai Mountains-Turnagain Arm
National Heritage Corridor in Alaska. The heritage corridor
would be managed by the Board of Directors of the Kenai
Mountains-Turnagain Arm National Heritage Corridor Communities
Association, a nonprofit corporation. The bill would direct the
Secretary of the Interior to enter into a cooperative agreement
with the association under which the government would provide
technical, financial and other assistance. The association
would develop a management plan for the heritage corridor
designed to help local communities establish and maintain
interpretive exhibits and signs, improve trails, and restore
historic buildings. For these purposes, including projects
implementing the management plan, the bill would authorize the
appropriation of $350,000 for the first year after enactment
and $1 million annually thereafter, up to a total of $10
million.
Assuming appropriation of the authorized amounts, CBO
estimates that implementing S. 509 would cost $10 million over
the next 10 to 15 years. The bill would not affect direct
spending or receipts; therefore, pay-as-you-go procedures would
not apply.
S. 509 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act. The
state of Alaska and local governments within the state might
choose to participate in the planning for and management of the
national heritage corridor, 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. S. 509
would impose no costs on other state, local, or tribal
governments.
The CBO staff contacts are Deborah Reis (for federal costs)
and Marjorie Miller (for the state and local impact). This
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. 509. 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. 509, as ordered reported.
executive communications
A legislative report was not requested on S. 509. The
testimony on S. 2511, an identical bill, provided by a
representative of the National Park Service at the Park,
Historic Resources, Recreation Subcommittee hearing during the
105th Congress follows:
Statement of Katherine H. Stevenson, Associate Director, Cultural
Resources Stewardship and Partnerships, National Park Service,
Department of the Interior
Thank you for the opportunity to present the position of
the Department of Interior on S. 2511, a bill to establish the
Kenai Mountains-Turnagain Arm National Heritage Corridor Area
in the State of Alaska.
The Administration believes that the designation of the
Kenai Mountains-Turnagain Arm area of Alaska as a National
Heritage Area (NHA) would recognize the nationally distinctive
history of the region and, therefore, supports the purposes of
S. 2511, as currently drafted, but would support the bill if
amended to:
Exclude National Forest lands from the proposed
National Heritage Area. Typically, National Heritage Areas
consist of non-federal lands, where federal lands are included
in NHAs, they do not constitute the overwhelming majority of
acreage in the NHA. NHAs are intended primarily to help
communities take the initiative themselves to protect and
interpret cultural and historic resources on non-federal lands.
The appropriate vehicle for managing National Forest lands is
the forest land management plan, which relies on public
participation and incorporates the interests of the general
community.
Vest the responsibility for providing technical
assistance to the management entity and approval of the
management plan for the NHA with the Secretary of Agriculture.
To the extent that the management entity may wish to draw upon
the expertise of the National Park Service, we recommend that
the bill be amended to authorize National Park Service, in
consultation with the Secretary of Agriculture, to provide such
assistance.
Provide explicitly that, where the management
entity's plan conflicts with the management plan for the
National Forest lands, the latter document controls. To the
extent that a non-federal management entity wishes to invest in
projects on federal lands, the conditions for their
participation should be consistent with the terms and
conditions set forth in section 323 of the FY 1999 Interior and
Related Agencies Appropriations Act.
Consistent with the bottom-up approach common to NHA
planning, the Administration believes that the affect local
communities, not the Federal Government, should determine the
membership of the management entity. Nonetheless, membership
should reflect all the interests of the community--including
environmental interests and, specifically, the interests of
Native Alaskans. The Administration therefore, recommends
deleting the provision regarding secretarial appointment of
management entity representatives and replacing it with
standard language requiring a locally-developed management
entity to enter into a compact with the Secretary. Management
entities are supposed to arise from broad-based community
interest and not be top-down designations. It is expected,
however, that any management entity would be representative of
all local groups, including Native Alaskans.
In addition, we recommend that section 7(b) be revised to
make the provision of assistance discretionary, rather than
mandatory, and to exclude assistance for administrative,
financial, or operations. Although we recognize the need to
provide assistance, and intend to do so to the extent possible,
there are certain functions that should remain the
responsibility of the management entity. Grants funds, rather
than agency appropriations, should be available to address
basic operational responsibilities.
Finally, we recommend maintaining the 50 percent matching
requirement, which is a common requirement in all other
Heritage Areas. Keeping Heritage Areas as locally driven
entities is a fundamental principle, but that would be
difficult to maintain if the Federal Government provided a
majority of funding.
Congress has already acknowledged the significance of parts
of this region by establishing the Iditarod National Historic
Trail and the Seward Highway National Scenic Byway. The
heritage area designation wraps these routes into the whole
picture of human history in the wider transportation corridor.
This heritage area features mountain passes leading into south
central and interior Alaska, including early native trade
routes, waterway connections across the treacherous Turnagain
Arm, the Alaska Railroad and numerous mining trails. Heritage
area designation under this bill will greatly enhance our
understanding of travel and resource development in the last
frontier.
A National Heritage Area is defined as a place where
natural, cultural, historic and recreational resources combine
to form a nationally distinctive landscape arising from
patterns of human activity. Heritage conservation efforts are
grounded in a community's pride in its history and traditions,
and its interest in seeing them retained. Preserving the
integrity of the cultural landscape and local stories means
that future generations in communities will be able to
understand and define who they are, where they come from, and
what ties them to their home. Heritage areas do not require
federal ownership of property, but do rely on cooperation and
technical assistance from the federal government.
As we have testified before the Congress, there are several
steps that should be completed prior to the designation of a
heritage area. The four main steps are that the proposal should
have a completed suitability/feasibility study; early and
frequent public involvement; a demonstration of wide public
support and feasibility to implement the project in
communities; and commitments from potential partners to support
the project.
We believe S. 2511, if amended as the administration
proposes, can meet a large portion of the intent and spirit of
these steps.
Although a technical suitability/feasibility study has not
been done of this area, many of the themes and the areas within
this corridor have been extensively studied. The Iditarod
National Historic Trail and the Seward Highway National Scenic
Byway are important parts of this Corridor, and both were the
subject of recent studies that found that the Iditarod Trail
and the Seward Highway were nationally significant. To satisfy
the technical requirement of a study in this case, we suggest
language be added to the bill that would require a suitability
and feasibility analysis to take place in the planning process
for this area.
In Alaska, the energy and support this proposal has
engendered bear witness to not only the fulfillment of the
steps outlined above, but to the inspirational quality of the
land and its history. More than 24 local and statewide
organizations have written to express their support. The small
communities within the proposed heritage area support the
proposal. Local governments--including the Kenai Peninsula
Borough and the Seward City Council--have supported the plan.
Statewide visitor organizations, such as the Alaska visitors
Association and the Alaska Wilderness Recreation and Tourism
Association have supported the heritage area proposal, as have
the Kenai Peninsula Historical Association and the State
Historical Commission.
By passage of this bill, Congress will respond to this
grassroots support and will give the small communities on the
Kenai Peninsula within the heritage area new motivation and
means to work together to present the story of their historic
region and to interpret and share this part of America's
heritage. The heritage area model is working well in many areas
in the East--in the Rivers of Steel Heritage Area in
Pittsburgh, in the Black Stone River Valley, and in the Hudson
Valley. The Kenai Mountains-Turnagain Arm National Heritage
Area will be the first in this area, but will follow the model
of success seen in other areas.
In summary, the goals of this bill are compatible with the
mission of National Heritage Areas elsewhere, there is the
requisite local support and commitment of success, and the
historic, cultural and natural resources of the area are of
national significance. We urge the Committee to adopt the
amendments proposed by the Administration and pass the bill at
the earliest opportunity.
This concludes my testimony. I would be happy to answer any
of your questions.
------
Statement of Sandra Key, Associate Deputy Chief, Programs and
Legislation, U.S.D.A. Forest Service
Chairman Thomas and members of the subcommittee: Thank you
for the opportunity to testify here today on S. 2511 which
would establish the Kenai Mountains-Turnagain Arm National
Heritage Area in the State of Alaska. The Administration
believes that the designation of the Kenai Mountains-Turnagain
Arm area of Alaska as a National Heritage Area (NHA) would
recognize the nationally distinctive history of the region and,
therefore, supports the purpose of S. 2511. The Administration,
however, must oppose S. 2511, as currently drafted, but would
support the bill if amended to:
Exclude National Forest lands from the proposed
NHA. Typically, NHAs consist of non-federal lands; where
federal lands are included in an NHA, they do not constitute
the overwhelming majority of acreage in the NHA. NHAs are
intended primarily to help communities take the initiative
themselves to protect and interpret cultural and historic
resources on non-federal lands. The appropriate vehicle for
managing National Forest lands is the forest land management
plan, which relies on public participation and incorporate the
interests of the general community.
Vest the responsibility for providing technical
assistance to the management entity and approval of the
management plan for the NHA with the Secretary of Agriculture.
To the extent that the management entity may wish to draw upon
the expertise of the National Park Service, we recommend that
the bill be amended to authorize National Park Service, in
consultation with the Secretary of Agriculture, to provide such
assistance.
Provide explicitly that, where the management
entity's plan conflicts with the management plan for the
National Forest lands, the latter document controls. To the
extent that a non-federal management entity wishes to invest in
projects on federal lands, the conditions for their
participation should be consistent with the terms and
conditions set forth in section 323 of the FY 1999 Interior and
Related Agencies Appropriations Act.
Consistent with the bottom-up approach common to NHA
planning the Administration believes that the affected local
communities, not the Federal Government, should determine the
membership of the management entity. Nonetheless, membership
should reflect all the interests of the community--including
environmental interests and, specifically, the interests of
Native Alaskans. The Administration, therefore, recommends
deleting the provisions regarding secretarial appointment of
management entity representatives and replacing it with
standard language requiring a locally-developed management
entity to enter into a compact with the Secretary. Management
entities are supposed to arise from broad-based community
interest and not be top-down designations. It is
expected,however, that any management entity would be representative of
all local groups, including Native Alaskans.
In addition, we recommend that section 7(b) be revised to
make the provision of assistance discretionary, rather than
mandatory, and to exclude assistance for administrative,
financial, or operations. Although we recognize the need to
provide assistance, and intend to do so to the extent possible,
there are certain functions that should remain the
responsibility of the management entity. Grants funds, rather
than agency appropriations, should be available to address
basic operational responsibilities.
Finally, we recommend maintaining the 50 percent matching
requirement, which is a common requirement in all other
Heritage Areas. Keeping Heritage Areas as locally driven
entities is a fundamental principle, but that would be
difficult to maintain if the Federal Government provided a
majority of funding.
The Administration enthusiastically supports the concepts
and goals of this bill:
to interpret history and culture of the
corridor,
to facilitate public enjoyment of these
resources,
to foster cooperative planning and
partnerships among communities, state and federal
governments.
We embrace the idea of a heritage area and believe that the
rich history, spectacular natural resource values and community
support merit recognition in a designation of a heritage area.
The bill, as written, could be interpreted as putting
federal land management decisions in the hands of a nonfederal
board of directors, a board that does not represent the full
spectrum of viewpoints on resource management.
S. 2511 also brings into question the legal status of the
lands involved in the Heritage Area. Under the bill, as
written, it is unclear whether this land continues to be
subject to the laws and regulations pertaining to the national
forests. If this substantial area is effectively removed from
the National Forest System, then rights established under a
number of laws, including the National Forest Organic Act, the
Alaska Statehood Act, ANCSA and ANILCA could be affected. If
there is a change in national forest status, then payments to
the State of Alaska and local government entities could be
affected. If the bill results in a change in national forest
status, then multiple use management and planning under the
National Forest Management Act (NFMA) may no longer apply.
Likewise, the public's use of the Chugach National Forest,
under existing laws could be questioned.
We concur with the eloquent description of the Kenai
Mountains-Turnagain Arm area's history, heritage and natural
resources in the testimony of the Department of the Interior.
Grassroots efforts
The Kenai Peninsula Historical Society has worked
tirelessly to bring the concept of a heritage corridor for this
area into reality. When the staff of the Chugach National
Forest became aware of the Kenai Peninsula Historical Society's
efforts to designate the western third of the National Forest
as National Heritage Corridor, we began to work with the group
to incorporate their goals into our forest plan revision.
Approximately 80% of the land within the proposed Corridor is
Chugach National Forest. The Administration supports the Kenai
Peninsula Historical Society's energy and enthusiasm as it
dovetails with Forest Service emphasis to support and assist
local communities on the Kenai. The Chugach National Forest
planning team is strongly considering incorporating a goal and
several objectives in the proposed plan that directly address
the Kenai Peninsula Historical Society's interests. We
encourage proponents to continue working with the planning
team.
Predominant land management/local community commitment
For a Heritage Area designation in the vicinity of the
Chugach National Forest, we believe that the Secretary of
Agriculture, would be the most effective and appropriate
Secretary to be vested with responsibility for providing
technical assistance to the management entity and approval of
the management plan. The proposed Heritage Corridor of about
1.3 million acres encompass about 1 million acres of the
Chugach National Forest. The Heritage Corridor is surrounded by
the remainder of the Chugach's over 5.3 million acres. The
Forest Service, as the predominant local land manager, has well
established community ties.
The Forest Service shares many of the goals and objectives
expressed by the proponents for the Heritage Corridor
designation. We often work in partnership with a variety of
organizations, such as our interpretative partnership with the
Kenaitze Indian Tribe at Footprints, and our collaboration with
the Alaska Department of Transportation and the Hope-Sunrise
Historical Society to relocate mining cabins and a Forest
Service guard station during reconstruction of the Seward
Highway.
Like the Park Service, the Forest Service has employees
with the skills and experience needed to support and guide a
Heritage Corridor effort. We also value heritage resources and
consider it part of our mission to preserve them and interpret
them to the public. Our Chugach Design Center is renowned for
its design work on interpretive displays, maps and
publications. Chugach National Forest employees at the ranger
districts in Seward and Girdwood and Supervisor's Office
employees in Anchorage work daily with local community groups
in project and forest planning efforts. They support those
communities' efforts with grants through the state and private
forestry programs for economic development. The Chugach
National Forest's commitment already exists.
In conclusion
The Department of Agriculture opposes S. 2511 as it is
written but would support the bill if amended to:
exlude National Forest lands from the Heritage
Area,
vest responsibility for providing technical
assistance and management plan approval with the
Secretary of Agriculture and allow the Park Service, in
consultation with the Secretary of Agriculture, to
provide technical assistance, and
explicitly provide that if the management
entity's plan conflicts with the Chugach National
Forest Plan, the Forest Plan controls.
I would be happy to answer any questions you may have.
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. 509, as ordered
reported.