[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2749 Enrolled Bill (ENR)]
S.2749
One Hundred Sixth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the twenty-fourth day of January, two thousand
An Act
To establish the California Trail Interpretive Center in Elko, Nevada,
to facilitate the interpretation of 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,

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This title may be cited as the ``California Trail Interpretive
Act''.

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TITLE I

-CALIFORNIA TRAIL INTERPRETIVE CENTER

(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.

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In this title:
(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.

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(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;
(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.

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There is authorized to be appropriated to carry out this title
$12,000,000.
PURPOSES

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This title may be cited as the ``Education Land Grant Act''.

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TITLE II

-CONVEYANCE OF NATIONAL FOREST SYSTEM LANDS FOR EDUCATIONAL

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 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 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.
STUDY AREA AND THE CROSSROADS OF THE WEST HISTORIC DISTRICT

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(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).
(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 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.

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TITLE III

-GOLDEN SPIKE/CROSSROADS OF THE WEST NATIONAL HERITAGE AREA

(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:
(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, 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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

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California Trail Interpretive Act — S. 2749

Other Sections

TITLE I

TITLE II

TITLE III

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