[Senate Report 109-242]
[From the U.S. Government Publishing Office]
Calendar No. 404
109th Congress Report
SENATE
2d Session 109-242
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YUMA CROSSING NATIONAL HERITAGE AREA BOUNDARY MODIFICATION
_______
April 20, 2006.--Ordered to be printed
Filed under authority of the order of the Senate of April 7, 2006
_______
Mr. Domenici, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany H.R. 326]
The Committee on Energy and Natural Resources, to which was
referred the Act (H.R. 326) to amend the Yuma Crossing National
Heritage Area Act of 2000 to adjust the boundary of the Yuma
Crossing National Heritage Area, and for other purposes, having
considered the same, reports favorably thereon without
amendment and recommends that the Act do pass.
Purpose of the Measure
The purpose of H.R. 326 is to amend the Yuma Crossing
National Heritage Area Act of 2000 to adjust the boundaries of
the heritage area to comprise the riverfront and downtown areas
of Yuma.
Background and Need
Yuma Crossing, located adjacent to the city of Yuma,
Arizona, near the confluence of the Gila and Colorado Rivers,
is the only natural ford of the Colorado River in southern
Arizona. Because of the ford, the Crossing has been a
``crossroads'' for at least 1,500 years. American Indians used
the ford to cross the Colorado. Spanish explorers documented
the crossing in the middle of the 16th century. When gold was
discovered in California in 1849, Yuma became the point of
entry for miners traveling a southern route to California. The
Southern Pacific Railway reached Yuma in the 1870s, connecting
the southwest to California. Finally, in the twentieth century,
Yuma became a stop on the southern transcontinental highway.
For these reasons, Yuma Crossing and associated sites were
declared a National Historic Landmark in 1966.
The Yuma Crossing National Heritage Area was established in
2000 (Public Law 106-319) to recognize the Crossing's historic
significance and to promote the preservation and economic
viability of the area. Based upon an early concept study, the
authorizing legislation established a boundary for the heritage
area encompassing approximately 22 square miles. Once the
heritage area was authorized, the Area's Board of Directors
began to work with local communities on a management plan.
During the development of the plan, it became clear that a
smaller area would be more appropriate and enjoy more public
support. The management plan, completed in July, 2002 and
approved by the Secretary of the Interior in December, 2003,
recommended a revised boundary.
H.R. 326 would amend section 3(b) of the Yuma Crossing
National Heritage Area Act of 2000, Public Law 106-319, to
adjust the boundary of the National Heritage Area to reflect
the boundaries outlined and approved in the management plan for
the heritage area.
Legislative History
H.R. 326 was introduced by Representative Grijalva on
January 25, 2005. It was passed by the House by voice vote on
November 15, 2005. It was referred to the Committee on Energy
and Natural Resources on November 16, 2005.
An identical bill, S. 505 was introduced by Senators Kyl
and McCain on March 3, 2005. The Subcommittee on National Parks
held a hearing on S. 505 on November 15, 2005. At the business
meeting on March 8, 2006, the Committee on Energy and Natural
Resources ordered H.R. 326 favorably reported, without
amendment, by a unanimous voice vote.
Committee Recommendation
The Committee on Energy and Natural Resources, in open
business session on March 8, 2006, by unanimous voice vote of a
quorum present, recommends that the Senate pass H.R. 326, as
described herein.
Section-by-Section Analysis
Section 1 amends section 3(b) of the Yuma Crossing National
Heritage Area Act of 2000 (16 U.S.C. 461 note; Public Law 106-
319) to redefine the boundary of the Heritage Area.
Cost and Budgetary Considerations
The following estimate of costs of this measure has been
provided by the Congressional Budget Office.
H.R. 326--A bill to amend the Yuma Crossing National Heritage Area Act
of 2000 to adjust the boundary of the Yuma Crossing National
Heritage Area, and for other purposes
H.R. 326 would modify the boundary of the Yuma Crossing
National Heritage Area in Arizona to exclude certain private
lands. CBO estimates that implementing this legislation would
have no impact on the federal budget because the federal
government is not expected to acquire or manage the affected
properties.
H.R. 326 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.
On November 3, 2005, CBO transmitted a cost estimate for
H.R. 326, as ordered reported by the House Committee on
Resources on October 19, 2005. The two versions of the
legislation are identical as are the cost estimates.
The CBO staff contact for this estimate is Matthew
Pickford. 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 H.R. 326. 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 H.R. 326, as ordered reported.
Executive Communications
The views of the Administration on H.R. 326 were included
in testimony received by the House Resources Committee at a
hearing on the bill on September 29, 2005. This testimony
follows:
Statement of Sue Masica, Associate Director, Park Planning, Facilities,
and Lands, National Park Service, Department of the Interior
Mr. Chairman, thank you for the opportunity to present the
views of the Department of the Interior on H.R. 326, a bill to
amend the Yuma Crossing National Heritage Area Act of 2000 to
adjust the boundary of the Yuma Crossing National Heritage
Area.
The Department supports the proposed boundary change which
is based on the findings of the 2002 management plan for the
National Heritage Area (NHA). We recommend that the bill be
amended to include an official map reference similar to the
maps used for other National Heritage Areas.
H.R. 326 would amend section 3(b) of the Yuma Crossing
National Heritage Area Act of 2000, Public Law 106-319, to
adjust the boundary of the National Heritage Area to reflect
the boundaries outlined and approved in the management plan for
the heritage area. On September 29, 2005, at a House
Subcommittee on National Parks hearing, the Department
testified in support of an identical boundary adjustment for
this heritage area that was included in H.R. 326, a similar
bill.
Yuma Crossing National Heritage Area was authorized by P.L.
106-319, signed on October 19, 2000. The Department supported
the legislation to establish the NHA at hearings in both the
House and Senate during the 106th Congress. Since
establishment, the National Park Service (NPS) has worked with
the Yuma Crossing NHA staff and the community to develop the
management plan required in the legislation. That plan was
completed in July 2002 and approved by the Secretary in
December 2003.
Yuma has been a home to Native Americans for nearly 1,500
years, prior to becoming a city at the junction of the Colorado
and Gila Rivers. The Spanish ``discovered'' the area seventy
years before the Pilgrims landed at Plymouth Rock. As Americans
moved west, Yuma became one of the stopping points for those
following gold and fortune as well as a key military post. Yuma
also prospered as a port city, then a railroad town, and
finally as a link on the first southern transcontinental
highway. By the 20th century Yuma continued to rely on water,
this time with major government dam and diversion projects on
the Colorado River that brought the ability of year-round
agricultural production.
The authorizing legislation established a boundary for the
heritage area of approximately 22 square miles based upon early
studies that showed great potential for natural, cultural and
recreational resources within that area. Once the NHA was
authorized, work began on the management plan. The plan refined
and further developed the concepts outlined in the feasibility
study, dividing the NHA into seven districts that feature
natural, cultural and recreational resources consistent with
the authorizing legislation, incorporating opportunities for
economic development, and acknowledging the importance of
maintaining residential areas.
At the same time, Yuma Crossing NHA was also aware of the
need to ensure that the goals of the management plan could be
achieved financially and were acceptable to the entire
community. Taking these elements into consideration, the NHA
board developed the management plan which included a proposal
for a new boundary. The management plan received extensive
public involvement and the NHA board used NPS planning models
in addition to National Environmental Policy Act and National
Historic Preservation Act Section 106 guidelines to develop and
analyze their options.
Three alternatives were developed for public involvement
and review. H.R. 326 includes the preferred alternative for the
new boundary which would continue to meet the intent and goals
for which the heritage area was established. We recommend that
the bill be amended to remove the written description of the
boundary adjustment currently in H.R. 326 and to replace it
with a map reference that shows the new boundary. NPS produced
a map similar to boundary maps for other heritage areas that
was used when H.R. 326 was amended. We would be happy to
provide the subcommittee with this map. The written description
of the boundary adjustment found in the bill, as well as a
reference to the map included on page 40 of the ``Yuma Crossing
National Heritage Area Management Plan'', could be included in
the report language for the bill.
We commend the NHA board, members, and partners, as well as
the citizens in and around Yuma, Arizona, for their time and
commitment to this project. We look forward to continuing to
work with them to achieve the goals of the Yuma Crossing
National Heritage Area.
That concludes my prepared remarks. I would be pleased to
answer any questions you or other members of the subcommittee
may have.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the Act H.R. 326, as ordered reported, as shown as follows
(existing law proposed to be omitted is enclosed in black
brackets, new matter is printed in italic, existing law in
which no change is proposed is shown in roman):
PUBLIC LAW 106-319
106th Congress
AN ACT To establish the Yuma Crossing National Heritage Area
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
* * * * * * *
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.]
(b) Boundaries.--The Heritage Area shall comprise the lands
generally depicted on the map entitled `Yuma Crossing National
Heritage Area Boundary Adjustment', numbered 903-80071, and
dated October 16, 2005.