,,ii #aacth ,,congress #ast ,session ,s4 #afda ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,november #d1 #bjac,mr4 ,rockefeller 7for himself1 ,mr4 ,manchin1 ,mr4 ,cardin1 and ,ms4 ,mikulski7 introduced the following bill2 which was read twice and referred to the ,committee on ,energy and ,natural ,resources ,a ,,bill ,to establish the ,appalachian ,forest ,national ,heritage ,area1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,west ,virginia ,national ,heritage ,area ,act of #bjac4 7b7 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,,title ,i--,appalachian ,forest ,national ,heritage ,area,sec4 #aja4 ,findings2 purposes4,sec4 #ajb4 ,definitions4,sec4 #ajc4 ,appalachian ,forest ,national ,heritage ,area4,sec4 #ajd4 ,management plan4,sec4 #aje4 ,authorities1 duties1 and prohibition of the local coordinating entity4,sec4 #ajf4 ,authorities and duties of the ,secretary4,sec4 #ajg4 ,relationship to other ,federal agencies4,sec4 #ajh4 ,property owners and regulatory protections4,sec4 #aji4 ,evaluation4,sec4 #aaj4 ,funding4,sec4 #aaa4 ,termination of authority4,,title ,,ii--,heritage area extensions,sec4 #bja4 ,extension of the ,national ,coal ,heritage ,area4,sec4 #bjb4 ,extension of the ,wheeling ,national ,heritage ,area4 ,i ,appalachian ,forest ,national ,heritage ,area #aja4 ,findings2 purposes 7a7 ,findings ,congress finds that-- 7#a7 the ,heritage ,area-- 7,a7 is comprised of #ah counties that are located in ,west ,virginia and western ,maryland2 and 7,b7 taken as a whole-- 7i7 possesses exceptional cultural1 natural1 and historical resources that form a cohesive and nationally distinctive landscape2 7ii7 demonstrates landscapes that arose from patterns of human activity that were shaped by the geography of the forested central ,appalachian ,mountains2 and 7iii7 reflects both modern and historical uses by citizens who continue to affect1 and be affected by1 the landscape of the forest2 7#b7 there is a national interest in protecting1 conserving1 restoring1 promoting1 and interpreting the benefits of the ,heritage ,area for-- 7,a7 the residents of the ,heritage ,area2 and 7,b7 visitors to the ,heritage ,area2 7#c7 nationally significant historical and cultural resources located in the ,heritage ,area form a unique aspect of the heritage of the ,united ,states2 7#d7 with respect to the economic development of the ,united ,states-- 7,a7 the timber harvesting activities in the region helped fuel late #aith century and early #bjth century industrial growth throughout the ,united ,states2 and 7,b7 prominent industrialists of the region were also active in the national economy2 7#e7 workers who participated in the timber boom of the region brought a blending of cultures of ,european and ,african-,american immigrants2 7#f7 the growth of each community located in the region was impacted by the forested central ,appalachian ,mountains2 7#g7 the rich culture of central ,appalachia-- 7,a7 includes folklife1 music1 dance1 crafts1 and other culturally rich traditions2 and 7,b7 is inextricably tied to the forest land of the region2 7#h7 significant historical and cultural sites and resources located in the ,heritage ,area include-- 7,a7 historic sites from the logging era 7including the intact logging company town that is located at the ,cass ,scenic ,railroad ,state ,park72 7,b7 historic sites that evidence conservation efforts 7including structures constructed by the ,civilian ,conservation ,corps72 7,c7 #e national historic landmarks2 and 7,d7 segments of #d ,national ,scenic ,byways and #a ,all-,american ,road2 7#i7 nationally significant natural and physical resources in the ,heritage ,area include spectacular natural1 scenic1 and recreational resources1 featuring the core of the central hardwood forest of the ,united ,states1 which-- 7,a7 as a result of sound forest management and protection of public land1 grew from the original cutting of the forest2 and 7,b7 includes-- 7i7 the remnants of old growth forests2 7ii7 protected wilderness areas2 7iii7 #ad national natural landmarks2 7iv7 ,federal and ,state forest lands that were created to foster the regrowth of the forests of the ,united ,states1 including the ,monongahela ,national ,forest1 and #i ,state forests2 7v7 experimental forests that demonstrate the evolution of forestry management2 7vi7 forests managed by public and private entities2 and 7vii7 a dynamic forest industry comprised of mills that demonstrate the ongoing importance of the forest land and forest products to the region2 7#aj7 local public and private partnerships that are based on the visions of the community and region are working together to promote the stewardship1 enhancement1 and interpretation of the resources of the ,heritage ,area2 7#aa7 to promote the goals described in paragraph 7#aj71 local residents1 organizations1 and governments support the establishment of a national heritage area2 and 7#ab7 involvement by the ,federal ,government would enhance the efforts to promote the cultural1 natural1 historical1 and recreational resources of the region that have been made by-- 7,a7 the ,states of ,west ,virginia and ,maryland2 7,b7 political subdivisions of the ,states of ,west ,virginia and ,maryland2 7,c7 volunteer organizations2 and 7,d7 private businesses4 7b7 ,purposes ,the purposes of this title are-- 7#a7 to provide a cooperative management framework to the ,states of ,west ,virginia and ,maryland1 the political subdivisions of those ,states1 and the citizens of those ,states to conserve1 enhance1 and interpret the significant features of the forest1 land1 water1 and structures of the ,heritage ,area2 and 7#b7 to foster a close working relationship with all levels of government1 the private sector1 and the local communities of the region to enable those communities-- 7,a7 to conserve the heritage of those communities2 and 7,b7 to continue to pursue economic opportunities for those communities4 #ajb4 ,definitions ,in this title3 7#a7 ,heritage area ,the term ,heritage ,area means the ,appalachian ,forest ,national ,heritage ,area established by section #ajc7;a74 7#b7 ,local coordinating entity ,the term local coordinating entity means the management entity for the ,heritage ,area designated by section #ajc7;d77#a74 7#c7 ,management plan ,the term management plan means the management plan for the ,heritage ,area developed under section #ajd7;a74 7#d7 ,map ,the term map means the map entitled ,appalachian ,forest ,national ,heritage ,area1 numbered ,t#jg_/hj1jjj1 and dated ,october #bjjg4 7#e7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#f7 ,state ,the term ,state means each of the ,states of-- 7,a7 ,maryland2 and 7,b7 ,west ,virginia4 #ajc4 ,appalachian ,forest ,national ,heritage ,area 7a7 ,establishment ,there is established the ,appalachian ,forest ,national ,heritage ,area4 7b7 ,boundaries ,the ,heritage ,area shall include-- 7#a7 the ,barbour1 ,braxton1 ,grant1 ,greenbrier1 ,hampshire1 ,hardy1 ,mineral1 ,morgan1 ,nicholas1 ,pendleton1 ,pocahontas1 ,preston1 ,randolph1 ,tucker1 ,upshur1 and ,webster ,counties of the ,state of ,west ,virginia2 and 7#b7 the ,allegany and ,garrett ,counties of the ,state of ,maryland4 7c7 ,availability of map ,a map of the ,heritage ,area shall be on file and available for public inspection in the appropriate offices of-- 7#a7 the ,national ,park ,service2 and 7#b7 the local coordinating entity4 7d7 ,local coordinating entity ,the ,appalachian ,forest ,heritage ,area1 ,inc41 shall-- 7#a7 serve as the local coordinating entity for the ,heritage ,area2 and 7#b7 oversee the development of a management plan under section #ajd7;a74 #ajd4 ,management plan 7a7 ,in general ,not later than #c years after the date on which funds are first made available to carry out this title1 the local coordinating entity shall develop and submit to the ,secretary for approval a management plan for the ,heritage ,area4 7b7 ,requirements ,the management plan shall-- 7#a7 present comprehensive policies1 goals1 strategies1 and recommendations for-- 7,a7 presenting to the citizens of the ,united ,states the heritage of the region2 and 7,b7 encouraging the long-term resource protection1 enhancement1 interpretation1 funding1 management1 and development of the ,heritage ,area2 7#b7 take into consideration and coordinate ,federal1 ,state1 and local plans to present a unified historic preservation and interpretation plan2 7#c7 involve residents1 public agencies1 and private organizations of the ,heritage ,area2 7#d7 describe actions that units of government1 private organizations1 and citizens recommend for the protection1 enhancement1 interpretation1 funding1 management1 and development of the resources of the ,heritage ,area2 7#e7 identify-- 7,a7 existing and potential sources of ,federal and non-,federal funding for the protection1 enhancement1 interpretation1 funding1 management1 and development of the resources of the ,heritage ,area2 and 7,b7 economic development strategies for the protection1 enhancement1 interpretation1 funding1 management1 and development of the resources of the ,heritage ,area2 7#f7 include-- 7,a7 an inventory of the cultural1 natural1 historical1 educational1 scenic1 and recreational resources contained in the ,heritage ,area1 including a list of property that-- 7i7 is related to the themes of the ,heritage ,area2 and 7ii7 should be protected1 enhanced1 managed1 or developed2 7,b7 a recommendation of policies and strategies for resource management and protection1 including the development of intergovernmental cooperative agreements to manage and protect the cultural1 natural1 historical1 educational1 scenic1 and recreational resources of the ,heritage ,area2 7,c7 a program of strategies and actions to implement the management plan that includes-- 7i7 performance goals2 7ii7 resource protection plans2 7iii7 enhancement strategies2 7iv7 interpretation strategies2 and 7v7 specific commitments for implementation that have been made by the local coordinating entity or any government1 organization1 business1 or individual2 7,d7 an analysis of1 and recommendations for1 means by which ,federal1 ,state1 and local programs may best be coordinated to further the purposes of this title1 including an analysis of the role of the ,national ,park ,service and other ,federal agencies associated with the ,heritage ,area2 7,e7 a business plan that-- 7i7 describes the role1 operation1 financing1 and functions of-- 7,i7 the local coordinating entity2 and 7,,ii7 each of the major activities included in the management plan2 and 7ii7 provides adequate assurances that the local coordinating entity has the partnerships and financial and other resources necessary to implement the management plan2 and 7,f7 an interpretive plan for the ,heritage ,area2 and 7#g7 list any revisions to the boundaries of the ,heritage ,area proposed by the local coordinating entity and requested by the affected local government4 7c7 ,deadline2 termination of funding 7#a7 ,deadline ,not later than #c years after the date on which funds are made available under section #aaj7;a71 the local coordinating entity shall submit the management plan to the ,secretary for approval4 7#b7 ,termination of funding ,if the management plan is not submitted to the ,secretary in accordance with this section1 the ,secretary shall not provide to the local coordinating entity any additional financial assistance under this title until the management plan is submitted to and approved by the ,secretary under subsection 7d77#a74 7d7 ,approval of management plan 7#a7 ,review ,not later than #ahj days after the date of receipt of the management plan under subsection 7c77#a71 the ,secretary shall review and approve or disapprove the management plan4 7#b7 ,criteria ,in determining whether to approve the management plan1 the ,secretary shall consider whether-- 7,a7 the management plan meets all requirements identified in subsection 7b72 and 7,b7 the local coordinating entity has afforded adequate opportunity1 including public hearings1 for public and governmental involvement in the preparation of the management plan4 7e7 ,action following disapproval ,if the ,secretary disapproves the management plan under subsection 7d77#a71 the ,secretary shall-- 7#a7 advise the local coordinating entity in writing of the reasons for the disapproval2 7#b7 make recommendations for revisions to the management plan2 and 7#c7 not later than #ahj days after the date of receipt of a proposed revision to the management plan1 approve or disapprove the proposed revision4 7f7 ,amendments 7#a7 ,in general ,the ,secretary shall review and approve or disapprove each amendment to the management plan that the ,secretary determines may substantially alter the purposes of the ,heritage ,area4 7#b7 ,use of funds ,funds made available under this title shall not be expended by the local coordinating entity to implement an amendment described in paragraph 7#a7 until the ,secretary approves the amendment4 7g7 ,effect of inaction ,if the ,secretary does not approve or disapprove a management plan1 revision1 or change within #ahj days after it is submitted to the ,secretary1 then the management plan1 revision1 or change shall be deemed to have been approved by the ,secretary4 #aje4 ,authorities1 duties1 and prohibition of the local coordinating entity 7a7 ,authorities ,to prepare and carry out the management plan1 the local coordinating entity may use funds made available under this title to-- 7#a7 make grants to-- 7,a7 political jurisdictions2 7,b7 nonprofit organizations2 and 7,c7 other parties located in the ,heritage ,area2 7#b7 enter into cooperative agreements with1 or provide technical assistance to-- 7,a7 political jurisdictions2 7,b7 nonprofit organizations2 7,c7 ,federal agencies2 and 7,d7 other interested parties2 7#c7 hire and compensate staff who have demonstrated expertise in the fields of-- 7,a7 cultural1 natural1 and historical resources conservation2 7,b7 economic and community development2 or 7,c7 heritage planning2 7#d7 obtain funds from any source 7including a program that has a cost-sharing requirement72 7#e7 contract for goods or services2 and 7#f7 support activities of partners1 and any other activities1 that-- 7,a7 further the purposes of the ,heritage ,area2 and 7,b7 are consistent with the management plan approved under section #ajd7;d77#a74 7b7 ,duties ,in addition to developing the management plan1 the local coordinating entity shall-- 7#a7 for any fiscal year for which ,federal funds have been received by the local coordinating entity under this title-- 7,a7 submit an annual report to the ,secretary that describes-- 7i7 the specific performance goals and accomplishments of the local coordinating entity2 7ii7 the expenses and income of the local coordinating entity2 7iii7 the amounts and sources of matching funds2 7iv7 the amounts leveraged with ,federal funds and the sources of the leveraging2 and 7v7 any grants made to any other entities during the fiscal year2 and 7,b7 make available for audit by ,congress1 the ,secretary1 and appropriate units of government1 all records pertaining to the expenditure of the funds and any matching funds2 and 7#b7 encourage1 by appropriate means and consistent with the purposes of the ,heritage ,area1 the economic viability of the ,heritage ,area4 7c7 ,prohibition on the acquisition of real property ,the local coordinating entity shall not use ,federal funds made available under this title to acquire real property or any interest in real property4 #ajf4 ,authorities and duties of the ,secretary 7a7 ,technical and financial assistance ,on request of the local coordinating entity1 the ,secretary may provide technical and financial assistance1 on a reimbursable or nonreimbursable basis1 to the local coordinating entity for-- 7#a7 the development and implementation of the management plan2 and 7#b7 other initiatives of the local coordinating entity4 7b7 ,cooperative agreements 7#a7 ,in general ,to carry out this title1 the ,secretary may enter into cooperative agreements with the local coordinating entity and other public and private entities to provide assistance under subsection 7a74 7#b7 ,requirements ,the cooperative agreement under paragraph 7#a7 shall1 at a minimum-- 7,a7 establish the goals and objectives of the ,heritage ,area2 and 7,b7 include-- 7i7 a proposal relating to the conservation and interpretation of the ,heritage ,area2 and 7ii7 a general outline describing each measure agreed to by the ,secretary and the local coordinating entity4 #ajg4 ,relationship to other ,federal agencies 7a7 ,in general ,this title shall not affect the authority of any ,federal official to provide technical or financial assistance under any other law4 7b7 ,consultation and coordination ,the head of any ,federal agency planning to conduct an activity that may have an impact on the ,heritage ,area shall1 to the maximum extent practicable-- 7#a7 consult with the ,secretary and the local coordinating entity regarding the activity2 and 7#b7 coordinate the activity with the ,secretary and the local coordinating entity4 7c7 ,effect on other ,federal agencies ,nothing in this title-- 7#a7 modifies1 alters1 or amends any law 7including a regulation7 authorizing a ,federal agency to manage ,federal land under the jurisdiction of the ,federal agency2 7#b7 limits the discretion of a ,federal land manager to implement an approved land use plan within the boundaries of the ,heritage ,area2 or 7#c7 modifies1 alters1 or amends any authorized use of ,federal land under the jurisdiction of a ,federal agency4 #ajh4 ,property owners and regulatory protections ,nothing in this title shall be construed to-- 7#a7 abridge the rights of any property owner1 whether public or private1 including the right to refrain from participating in any plan1 project1 program1 or activity conducted within the ,heritage ,area2 7#b7 require any property owner to permit public access 7including ,federal1 ,tribal1 ,state1 or local government access7 to such property or to modify any provisions of ,federal1 ,tribal1 ,state1 or local law with regard to public access or use of private lands2 7#c7 alter any duly adopted land use regulation or any approved land use plan or any other regulatory authority of any ,federal1 ,state1 or local agency or ,tribal government1 or to convey any land use or other regulatory authority to any local coordinating entity2 7#d7 authorize or imply the reservation or appropriation of water or water rights2 7#e7 diminish the authority of the ,state to manage fish and wildlife including the regulation of fishing and hunting within the ,heritage ,area2 or 7#f7 create any liability1 or to have any effect on any liability under any other law1 of any private property owner with respect to any persons injured on such private property4 #aji4 ,evaluation 7a7 ,in general ,not later than #c years before the date on which authority for ,federal funding terminates for the ,heritage ,area1 the ,secretary shall conduct an evaluation of the accomplishments of the ,heritage ,area and prepare a report with recommendations for the ,national ,park ,service's future role1 if any1 with respect to the ,heritage ,area4 7b7 ,evaluation components ,an evaluation prepared under subsection 7a7 shall-- 7#a7 assess the progress of the local coordinating entity with respect to-- 7,a7 accomplishing the purposes of the authorizing legislation for the ,heritage ,area2 and 7,b7 achieving the goals and objectives of the approved management plan for the ,heritage ,area2 7#b7 analyze the ,federal1 ,state1 local1 and private investments in the ,heritage ,area to determine the leverage and impact of the investments2 and 7#c7 review the management structure1 partnership relationships1 and funding of the ,heritage ,area for purposes of identifying the critical components for sustainability of the ,heritage ,area4 7c7 ,recommendations ,based upon the evaluation under subsection 7a71 the ,secretary shall prepare a report with recommendations for the ,national ,park ,service's future role1 if any1 with respect to the ,heritage ,area4 7d7 ,submission to ,congress ,on completion of a report under subsection 7c71 the ,secretary shall submit the report to-- 7#a7 the ,committee on ,energy and ,natural ,resources of the ,senate2 and 7#b7 the ,committee on ,natural ,resources of the ,house of ,representatives4 #aaj4 ,funding 7a7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this title #aj1jjj1jjj1 of which not more than #a1jjj1jjj may be authorized to be appropriated for any fiscal year4 7b7 ,matching funds 7#a7 ,in general ,as a condition of receiving assistance under subsection 7a71 the local coordinating entity shall match any amounts provided to the local coordinating entity under this title4 7#b7 ,forms of payment ,to meet the matching requirement described in paragraph 7#a71 the local coordinating entity shall provide to the ,secretary payments that-- 7,a7 shall be derived from non-,federal sources2 and 7,b7 may be in-kind contributions of goods or services4 #aaa4 ,termination of authority 7a7 ,in general ,subject to subsection 7b71 the authority of the ,secretary to provide financial assistance under this title terminates on the date that is #ae years after the date of enactment of this ,act4 7b7 ,exception ,the termination of authority of the ,secretary under subsection 7a7 shall not effect the authority of the ,secretary to provide to the local coordinating entity technical assistance and administrative oversight4 ,,ii ,heritage area extensions #bja4 ,extension of the ,national ,coal ,heritage ,area ,section #ajg of ,division ,,ii of the ,national ,coal ,heritage ,area ,act of #aiif 7#af ,u4,s4,c4 #dfa note2 #aaj ,stat4 #dbdd7 is amended by striking #bjab and inserting #bjag4 #bjb4 ,extension of the ,wheeling ,national ,heritage ,area ,section #aeg7;i7 of the ,wheeling ,national ,heritage ,area ,act of #bjjj 7#af ,u4,s4,c4 #dfa note2 #aad ,stat4 #ifg7 is amended by striking #bjae and inserting #bjag4