H.R. 1785 — Introduced in House

I 113th CONGRESS 1st Session H. R. 1785 IN THE HOUSE OF REPRESENTATIVES April 26, 2013 Mr. Reichert (for himself and Mr. Smith of Washington) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To establish the Mountains to Sound Greenway National Heritage Area in the State of Washington, and for other purposes. 1. Short title This Act may be cited as the Mountains to Sound Greenway National Heritage Area Act. 2. Purposes The purposes of this Act include— (1) to recognize the national importance of the natural and cultural legacies of the area, as demonstrated in the study entitled Mountains to Sound Greenway National Heritage Area Feasibility Study dated April 2012; (2) to recognize the heritage of natural resource conservation in the Pacific Northwest and in the Mountains to Sound Greenway; (3) to preserve, support, conserve, and interpret the legacy of natural resource conservation and community stewardship, passed from generation to generation within the Heritage Area; (4) to promote heritage, cultural, and recreational tourism and to develop educational and cultural programs for visitors and the general public; (5) to recognize and interpret important events and geographic locations representing key developments in the creation of America, particularly the settlement of the American West and the stories of diverse ethnic groups, including Indians and others; (6) to enhance a cooperative management framework to assist Federal, State, local, and tribal governments, the private sector, and citizens residing in the Heritage Area in conserving, supporting, managing, enhancing, and interpreting the significant historic, cultural, natural, and recreational sites in the Heritage Area; (7) to recognize and interpret the relationship between land and people, representing broad American ideals demonstrated through the integrity of existing resources within the Heritage Area; and (8) to support working relationships between public land managers and the community by creating relevant linkages between the National Park Service, the United States Forest Service, other relevant Federal agencies, tribes, State and local governments and agencies, and community stakeholders within and surrounding the Heritage Area, in order to protect, enhance, and interpret cultural and natural resources within the Heritage Area. 3. Findings Congress finds that— (1) there exists a unique and significant heritage of natural resource conservation in the Pacific Northwest and in the Mountains to Sound Greenway; (2) the Greenway landscape represents a balance between built and natural environments, exemplified by— (A) hundreds of thousands of acres of forests and fields in close proximity to a major metropolitan area managed by Federal, State, local, and tribal governments; (B) dynamic and engaging cultural opportunities, including hundreds of museums, environmental education centers, interpretive trails, festivals, and community centers; and (C) an outstanding array of accessible natural lands, highlighted by the Alpine Lakes Wilderness Area, the forests of the Teanaway River Basin, and the towering Douglas firs of the Issaquah Alps; (3) the Mountains to Sound Greenway— (A) represents an historic movement encouraging the interface of a major urban center with rural communities and a diverse outdoors experience; (B) has existed for over 20 years, long before other communities began to focus on the interrelationship between urban centers and outdoor opportunities that strengthen economies; (C) is the result of citizen leadership, including a Mountains to Sound March in 1990 to focus attention on the value of the greenway and the need to protect this valuable resource; (D) operates through cooperation, bringing together disparate groups to resolve differences for the betterment of the Greenway; and (E) has become the model of cooperative action that is followed by other communities working to advance local conservation priorities, expand recreational opportunities that power local economies, and connect local ideas and solutions to our historic, cultural, and natural heritage; (4) since its creation, the Mountains to Sound Greenway Coalition has been responsible for— (A) the conservation of over 225,000 acres; (B) the opportunity for millions of local residents as well as visitors from across the country to enjoy a wide variety of recreational activities in the area; (C) thousands of volunteers and nearly 500,000 volunteer hours engaged in activities such as tree plantings, trail conservation and youth programs; (D) a strong education program for the next generation, teaching more than 3,000 children each year why forests matter; and (E) the encouragement of balanced development, business growth, and healthy economies through the region; (5) the Mountains to Sound Greenway community has many great American stories to share, including those of— (A) Indian tribes and nations from time immemorial; (B) settlement, travel, and transport in the American West, from footpaths used for trading to today’s Mountains to Sound Greenway I–90 National Scenic Byway; (C) working farms and forests of the Snoqualmie and Yakima River Valleys and the Cascade Foothills; and (D) globally competitive businesses established and growing in the cities of the Greenway; and (6) the Mountains to Sound Greenway Trust conserves and enhances community-based conservation and stewardship inside and outside of the Greenway landscape, illustrated by the fact that— (A) the Greenway Trust is led by a 60-person board that includes local and State officials, agency staff, and business and nonprofit representatives; (B) thousands of volunteers have donated hundreds of thousands of hours to the Greenway supporting stewardship projects on public lands; and (C) over the span of 20 years, partners have collaborated to conserve more than 225,000 acres of land in the Greenway for natural systems, recreation, timber, and agriculture. 4. Definitions In this Act: (1) Heritage area The term Heritage Area means the Mountains to Sound Greenway National Heritage Area established in this Act. (2) Local coordinating entity The term local coordinating entity means the Mountains to Sound Greenway Trust, a nonprofit corporation recognized by the Federal Government as being organized for charitable purposes in the State of Washington. (3) Management plan The term management plan means the plan to be prepared by the local coordinating entity, along with a group comprised of public agency staff and community members, that will specify actions, policies, strategies, performance goals, and recommendations to meet the goals of the Heritage Area, in accordance with this Act. (4) Map The term map means the map titled Mountains to Sound Greenway National Heritage Area, numbered 1, and dated January 31, 2011. (5) Secretary The term Secretary means the Secretary of the Interior. (6) State The term State means the State of Washington. (7) Tribal The term tribal means the five federally recognized tribes with usual and accustomed places in the Heritage Area, including the Snoqualmie, Yakama, Tulalip, Muckleshoot, and Colville Nation. 5. Designation of the mountains to sound greenway national heritage area (a) Establishment There is hereby established the Mountains to Sound Greenway National Heritage Area. (b) Boundaries The Heritage Area shall consist of the approximately 1,550,000 acres of land and interests in land generally depicted on the map and located in King and Kittitas Counties, including— (1) in Kittitas County, all lands within the Yakima River Basin upstream of Manastash Creek, including the Manastash and Teanaway drainages and the cities of Ellensburg, Roslyn, Cle Elum and South Cle Elum; and (2) in King County, all lands in the Snoqualmie River, Cedar River, and Lake Washington watersheds and the Puget Sound nearshore watersheds within and including the cities of Seattle and Shoreline, and 22 additional cities in King County. (c) Map The map shall be on file and available to the public in the appropriate offices of the National Park Service, United States Forest Service, and the local coordinating entity. (d) Local coordinating entity The Mountains to Sound Greenway Trust is hereby designated by Congress as the local coordinating entity to— (1) facilitate, in partnership with Federal, State, and local partners, the creation of the management plan for the Heritage Area; and (2) act as a catalyst for the implementation of projects and programs among diverse partners in the Heritage Area. 6. Management plan (a) In general Not later than 3 years after the date of the enactment of this Act, the local coordinating entity shall submit to the Secretary for approval a proposed management plan for the Heritage Area. (b) Requirements The management plan shall— (1) incorporate an integrated and cooperative approach for the protection, enhancement, management, and interpretation of the natural, cultural, historic, scenic, and recreational resources of the Heritage Area; (2) take into consideration, Federal, State, tribal and local government plans; (3) include— (A) an inventory of the natural, historical, cultural, educational, scenic, and recreational resources of the Heritage Area which relate to the national importance and themes of the Heritage Area that should be conserved and enhanced; (B) a description of strategies and recommendations for conservation, funding, management, and development of the Heritage Area; (C) a history of the Mountains to Sound Greenway; and of the Mountains to Sound Greenway Trust and its role in encouraging stewardship of the Heritage Area by local, State, Federal, tribal institutions and private organizations; (D) a description of actions Federal, State, tribal, local, and private partners have agreed to take to protect, enhance, interpret, fund, manage, and develop the natural, historical, cultural, educational, scenic, and recreational resources of the Heritage Area; (E) a program of implementation for the management plan by the local coordinating entity including— (i) performance goals; and (ii) commitments for implementation made by partners; (F) the identification of sources of funding, economic development strategies, or both, for carrying out the management plan; (G) analysis and recommendations for means by which local, State, and Federal programs may best be coordinated to carry out this Act; (H) an interpretive plan for the Heritage Area; (I) recommended policies and strategies for resource management, including the development of intergovernmental and interagency agreements to protect, enhance, interpret, fund, manage, and otherwise provide for the enjoyment and understanding of the natural, historical, cultural, educational, scenic, and recreational resources of the Heritage Area; (J) a definition of the roles of the National Park Service, the United States Forest Service and other Federal agencies in the coordination of the Heritage Area and in otherwise furthering the purposes of this Act; and (K) in consultation with the National Park Service and the United States Forest Service, a plan to share with other communities and interested parties the expertise of the coordinating entity in— (i) reconnecting Americans, especially children, to our outdoors; (ii) promoting community-based recreation and conservation; and (iii) advancing volunteer opportunities in conservation and outdoor recreation. (c) Approval of management plan (1) Review Not later than 180 days after receiving the management plan for the Heritage Area, the Secretary shall review and, in consultation with the Secretary of Agriculture, approve or disapprove the management plan on the basis of the criteria established under paragraph (2). (2) Criteria for approval In determining whether to approve a management plan for a Heritage Area, the Secretary shall consider whether— (A) the local coordinating entity represents the diverse interests of the Heritage Area, including Federal, State, tribal, and local governments, natural and historic resource protection organizations, educational institutions, businesses, recreational organizations, community members, and private property owners; (B) the local coordinating entity— (i) has afforded adequate opportunity for the public and Federal, State, tribal, and local governmental involvement in the preparation of the management plan; and (ii) provides for at least annual public meetings to ensure adequate implementation of the management plan. (C) the resource protection, enhancement, interpretation, funding, and management strategies described in the management plan, if implemented, would adequately protect, enhance, interpret, fund, manage, and otherwise provide for the enjoyment and understanding of the natural, historic, cultural, educational, scenic, and recreational resources of the Heritage Area; (D) the management plan would not adversely affect any activities on Federal land authorized under public land laws or land use plans; (E) the local coordinating entity has demonstrated the financial capability, in partnership with others, to carry out the management plan; (F) the Secretary has received adequate assurances from the appropriate State, tribal, and local officials whose support is needed to ensure the effective implementation of the State, tribal, and local elements of the management plan; (G) the management plan demonstrates partnerships among the local coordinating entity, Federal, State, tribal, and local governments, regional planning organizations, nonprofit organizations, and private sector parties for implementation of the management plan; and (H) the management plan is consistent with all provisions in this Act. (d) Disapproval (1) In general If the Secretary disapproves the management plan, the Secretary shall— (A) advise the local coordinating entity in writing of the reasons for the disapproval; and (B) make recommendations to the local coordinating entity for revisions to the management plan. (2) Deadline Not later than 180 days after receiving a revised management plan, the Secretary shall approve or disapprove the revised management plan. (e) Amendments (1) In general An amendment to the management plan that substantially alters the purposes of the Heritage Area shall be reviewed by the Secretary and approved or disapproved in the same manner as the original management plan. (2) Implementation The local coordinating entity shall not use Federal funds authorized by this Act to implement an amendment to the management plan until the Secretary approves the amendment. (f) Authorities The Secretaries of the Interior and Agriculture may— (1) provide technical assistance under the authority of this Act for the implementation of the management plan; and (2) enter into cooperative agreements with the local coordinating entity, State and local agencies, and other interested parties to carry out this Act, including cooperation and cost sharing as appropriate to provide more cost-effective and coordinated public land management. 7. Evaluation; reporting (a) In general Not later than 15 years after the enactment of this Act, the Secretary, in consultation with the Secretary of Agriculture, shall— (1) conduct an evaluation of the accomplishments of the Heritage Area; and (2) prepare and submit a report pursuant to subsection (c). (b) Evaluation An evaluation conducted under this subsection shall— (1) assess the progress of the local coordinating entity with respect to— (A) accomplishing the purposes of the authorizing legislation for the Heritage Area; and (B) achieving the goals and objectives of the approved management plan for the Heritage Area; (2) analyze the Federal, State, tribal, local, and private investments in the Heritage Area to determine the impact of the investments; and (3) review the management structure, partnership relationships, and funding of the Heritage Area for purposes of identifying the critical components for sustainability of the Heritage Area. (c) Report Based on the evaluation conducted under subsection (b), the Secretary shall submit a report to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. The report shall include recommendations for the future role of the National Park Service with respect to the Heritage Area. The Secretary may also include recommendations by the Secretary of Agriculture for the future role of the Forest Service with respect to the Heritage Area. 8. Local coordinating entity (a) Duties To further the purposes of the Heritage Area, the local coordinating entity shall— (1) prepare and submit a management plan for the Heritage Area to the Secretary in accordance with section 6; (2) facilitate and expedite the implementation of projects and programs among diverse partners in the Heritage Area; (3) encourage economic viability and sustainability that is consistent with the purposes of the Heritage Area; (4) submit a report to the Secretary every five years after the Secretary has approved the management plan, specifying— (A) the specific performance goals and accomplishments of the local coordinating entity; (B) the expenses and income of the local coordinating entity; and (C) significant grants or contracts made by the local coordinating entity to any other entities during the five-year period; and (5) consult with the United States Forest Service, National Park Service, the Governor of the State of Washington, and the Washington State Commissioner of Public Lands. (b) Authorities To further the purposes of the Heritage Area, the local coordinating entity may— (1) make grants to political jurisdictions, nonprofit organizations, and other parties within the National Heritage Area; (2) enter into cooperative agreements with or provide technical assistance to political jurisdictions, nonprofit organizations, Federal agencies, and other interested parties; (3) hire and compensate staff, including individuals with expertise in— (A) natural, historical, cultural, educational, scenic, and recreational resource conservation; (B) economic and community development; and (C) heritage and interpretive planning; (4) obtain funds or services from any source, including Federal programs; (5) contract for goods or services; and (6) support activities that further the purposes of the Heritage Area and are consistent with the approved management plan. (c) Prohibition on acquisition of real property The local coordinating entity may not acquire land or interests in land through condemnation. 9. Relationship to other Federal agencies (a) In general Nothing in this Act affects the authority of a Federal agency to provide technical or financial assistance under any other law. (b) Consultation and coordination Any Federal agency planning to conduct activities that may have an impact on the Heritage Area is encouraged to consult and coordinate the activities with the local coordinating entity to the maximum extent practicable. (c) Other Federal agencies Nothing in this Act— (1) modifies, alters, or amends any law or regulation authorizing a Federal agency to manage Federal land under the jurisdiction of the Federal agency; (2) limits the discretion of a Federal land manager to implement an approved land use plan within the boundaries of the Heritage Area; or (3) modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal agency. 10. Private property and regulatory protections Nothing in this Act— (1) abridges the rights of any property owner (whether public or private), including the right to refrain from participating in any plan, project, program, or activity conducted within the Heritage Area; (2) requires any property owner to permit public access (including access by Federal, State, tribal, or local agencies) to the property of the property owner, or to modify public access or use of property of the property owner under any other Federal, State, tribal, or local law; (3) alters any duly adopted land use regulation, approved land use plan, or other regulatory authority (such as the authority to make safety improvements or increase the capacity of existing roads or to construct new roads or associated developments) of any Federal, State, tribal, local unit of government or local agency, or conveys any land unit of government or agency use or other regulatory authority to any local coordinating entity, including but not necessarily limited to development and management of energy, water or water-related infrastructure; (4) alters, modifies, diminishes, or extinguishes the treaty rights of any Indian tribe within the Heritage Area; (5) authorizes or implies the reservation or appropriation of water or water rights; (6) diminishes the authority of the State to manage fish and wildlife, including the regulation of fishing and hunting within the Heritage Area; or (7) creates any liability, or affects any liability under any other law, of any private property owner. 11. Use of Federal funds from other sources Nothing in this Act shall preclude the local coordinating entity from using Federal funds available under other laws for the purposes for which those funds were authorized.