S. 2602 — Introduced in Senate

II 113th CONGRESS 2d Session S. 2602 IN THE SENATE OF THE UNITED STATES July 15, 2014 Ms. Cantwell (for herself and Mrs. Murray) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To establish the Mountains to Sound Greenway National Heritage Area in the State of Washington. 1. Short title This Act may be cited as the Mountains to Sound Greenway National Heritage Area Act. 2. Findings Congress finds that— (1) the Mountains to Sound Greenway— (A) is a nationally important historical transportation corridor in which native travel routes, pioneer wagon roads, transcontinental railroads, original State highways, and modern interstates are layered into a historical and cultural mosaic that were important in opening the Northwest region of the United States to commerce, transport, settlement, and recreation; (B) remains a crucial transcontinental link within the United States; (C) has a unique and nationally important heritage of outdoor recreation and natural resource conservation; and (D) is a large, iconic, populated area of the United States, exemplified by— (i) hundreds of thousands of acres of forests and fields that are— (I) managed by the Federal Government and State, local, and tribal governments; and (II) in close proximity to a major metropolitan area; (ii) an outstanding array of accessible natural land, which is highlighted by— (I) the Alpine Lakes Wilderness Area; (II) the forests of the Teanaway River basin; and (III) the towering Douglas firs of the Issaquah Alps; (iii) dynamic and engaging cultural opportunities, including hundreds of museums, environmental education centers, interpretive trails, festivals, and community centers; (iv) vibrant cities, extensive outdoor recreation, and globally competitive businesses established and thriving in the area; and (v) strong local citizen involvement and collaboration; and (2) the community of Mountains to Sound Greenway has many great stories to share, including stories of— (A) Indian tribes from time immemorial; (B) travel and transport in the West, including footpaths used for trading, transcontinental railroads, and the present-day Mountains to Sound Greenway I–90 National Scenic Byway; (C) settlement and commerce in the Northwest, including the coal mining communities of Roslyn and Newcastle, the railroad communities of Cle Elum and South Cle Elum, the timber communities of Snoqualmie and North Bend, and the agricultural communities of Ellensburg and Carnation; (D) extensive rural working farms and forests of the Snoqualmie and Yakima River valleys and the Cascade foothills; and (E) a strong interrelationship between built and natural environments that strengthens economies and communities. 3. Purposes The purposes of this Act are— (1) to recognize the national importance of the natural, historical, and cultural legacies of the Heritage Area, as demonstrated in— (A) the study entitled Mountains to Sound Greenway National Heritage Area Feasibility Study and dated April 2012; and (B) the document entitled National Heritage Area Feasibility Study Addendum and dated March 2014; (2) to recognize the nationally important role of the Heritage Area as a historical transportation corridor that continues to link the Puget Sound region to the rest of the United States; (3) to recognize the national heritage of the timber and outdoor recreation industries that have developed from the transportation corridor; (4) to recognize the heritage of natural resource conservation in the Pacific Northwest and in the Mountains to Sound Greenway; (5) to conserve, enhance, and interpret the legacy of natural resource conservation and community stewardship, which has been passed from generation to generation within the Heritage Area; (6) to promote heritage, cultural, and recreational tourism; (7) to develop educational and cultural programs for visitors and the general public; (8) to recognize and interpret important events and geographic locations representing key developments in the establishment of the United States, particularly the settlement of the West and the stories of diverse ethnic groups, including members of Indian tribes and others; (9) to enhance a cooperative management framework to assist the Federal Government, State, local, and tribal governments, the private sector, and citizens residing in the Heritage Area in conserving, supporting, managing, enhancing, and interpreting the significant historical, cultural, natural, and recreational sites in the Heritage Area; (10) to recognize and interpret the relationship between land and people, which are broad ideals of the United States demonstrated through the integrity of existing resources within the Heritage Area; and (11) to support working relationships between public land managers and the community by creating relevant linkages between the National Park Service, the Forest Service, other relevant Federal agencies, Indian tribes, State and local governments and agencies, and community stakeholders within and surrounding the Heritage Area, in order to conserve, enhance, and interpret cultural and natural resources within the Heritage Area. 4. Definitions In this Act: (1) Heritage area The term Heritage Area means the Mountains to Sound Greenway National Heritage Area established by section 5(a). (2) Local coordinating entity The term local coordinating entity means the local coordinating entity for the Heritage Area designated by section 5(d). (3) Management plan The term management plan means the management plan for the Heritage Area required under section 6. (4) Map The term map means the map entitled 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 each of the tribal government of the Snoqualmie, Yakama, Tulalip, Muckleshoot, and Colville Indian tribes. 5. Designation of the Mountains to Sound Greenway National Heritage Area (a) Establishment There is established in the State 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 located in King and Kittitas counties in the State, as generally depicted on the map, including— (1) the land within the Yakima River Basin upstream of Manastash Creek in Kittitas county, including the Manastash and Teanaway drainages and the cities of Ellensburg, Roslyn, Cle Elum and South Cle Elum; and (2) the land in the Snoqualmie River, Cedar River, and Lake Washington watersheds and the Puget Sound nearshore watersheds in the cities of Seattle, Shoreline, and 22 additional cities in King County. (c) Map The map shall be on file and available for public inspection in the appropriate offices of the National Park Service, the Forest Service, and the local coordinating entity. (d) Local coordinating entity (1) In general The Mountains to Sound Greenway Trust, a nonprofit corporation recognized by the Federal Government as being organized for charitable purposes in the State, is designated as the local coordinating entity for the Heritage Area— (A) to facilitate, in partnership with Federal, State, and local partners, the development of the management plan for the Heritage Area; and (B) to act as a catalyst for the implementation of projects and programs among diverse partners in the Heritage Area. (2) Duties To further the purposes of the Heritage Area, the local coordinating entity shall— (A) prepare and submit a management plan for the Heritage Area to the Secretary, in accordance with section 6; (B) facilitate and expedite the implementation of projects and programs among diverse partners in the Heritage Area; (C) encourage economic viability and sustainability that is consistent with the purposes of the Heritage Area; (D) every 5 years after the date on which the Secretary has approved the management plan, submit to the Secretary a report that describes— (i) the specific performance goals and accomplishments of the local coordinating entity; (ii) the expenses and income of the local coordinating entity; and (iii) significant grants or contracts made by the local coordinating entity to any other entities during the 5-year period; (E) make available for audit by the Secretary for each fiscal year for which the local coordinating entity receives Federal funds under this Act— (i) information pertaining to the expenditure of the Federal funds received under this Act; and (ii) any funds matched to Federal funds received under this Act; and (F) consult with the Forest Service, National Park Service, the Governor of the State, and the Washington State Commissioner of Public Lands. (3) Authorities To further the purposes of the Heritage Area, the local coordinating entity may— (A) make grants to political jurisdictions, nonprofit organizations, and other parties within the Heritage Area; (B) enter into cooperative agreements with, or provide technical assistance to, political jurisdictions, nonprofit organizations, Federal agencies, and other interested parties; (C) hire and compensate staff, including individuals with expertise in— (i) natural, historical, cultural, educational, scenic, and recreational resource conservation; (ii) economic and community development; and (iii) heritage and interpretive planning; (D) obtain funds or services from any source, including Federal programs; (E) contract for goods or services; and (F) support activities that— (i) further the purposes of the Heritage Area; and (ii) are consistent with the approved management plan. (4) Prohibition on acquisition of real property The local coordinating entity may not acquire land or interests in land through condemnation. 6. Management plan (a) In general Not later than 3 years after the date of 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 conservation, enhancement, management, and interpretation of the natural, cultural, historical, scenic, and recreational resources of the Heritage Area; (2) take into consideration plans of the Federal Government and State, tribal, and local governments; (3) include— (A) an inventory of the natural, historical, cultural, educational, scenic, and recreational resources of the Heritage Area that 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 the conservation, funding, management, and development of the Heritage Area; (C) a history of— (i) the Mountains to Sound Greenway; and (ii) the Mountains to Sound Greenway Trust, including the role of the Trust in encouraging stewardship of the Heritage Area by Federal, State, tribal, and local institutions and private organizations; (D) a description of actions Federal, State, tribal, local, and private partners have agreed to take to conserve, 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 and economic development strategies for carrying out the management plan; (G) an analysis of, and recommendations for, means by which Federal, State, and local 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 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 Forest Service, a plan to share with other communities and interested parties the expertise of the coordinating entity in— (i) reconnecting the people of the United States, with a special emphasis on children, to the outdoors; (ii) promoting community-based recreation and conservation; and (iii) advancing volunteer opportunities in conservation and outdoor recreation. (c) Deadline If the local coordinating entity does not submit a proposed management plan to the Secretary by the date that is 3 years after the date on which the local coordinating receives funding under this Act, the local coordinating entity shall be ineligible to receive additional funding under this Act until the date on which the Secretary receives and approves the management plan. (d) Approval of management plan (1) Review Not later than 180 days after the date of receipt of the management plan, 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 historical 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 the involvement of the Federal Government and State, tribal, and local governments 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 conservation, enhancement, interpretation, funding, and management strategies described in the management plan, if implemented, would adequately conserve, 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; (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, the support of which 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, the Federal Government, 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 this Act. (e) 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 under this subsection, the Secretary shall approve or disapprove the revised management plan. (f) 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. (g) Authorities The Secretary and the Secretary of Agriculture may— (1) provide technical assistance under 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 date of 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, in accordance with subsection (b); and (2) prepare and submit a report, in accordance with subsection (c). (b) Evaluation requirements An evaluation conducted under subsection (a)(1) shall— (1) assess the progress of the local coordinating entity with respect to— (A) accomplishing the purposes of this Act; 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 (a)(1), the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that— (1) shall include recommendations for the future role of the National Park Service with respect to the Heritage Area; and (2) may include recommendations by the Secretary of Agriculture for the future role of the Forest Service with respect to the Heritage Area. 8. 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 To the maximum extent practicable, 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. (c) Other Federal agencies Nothing in this Act— (1) modifies, alters, or amends any law (including regulations) 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. 9. Private property and regulatory protections Nothing in this Act— (1) abridges the rights of any property owner (whether public or private), including the right of a property owner to refrain from participating in any plan, project, program, or activity conducted within the Heritage Area; (2) requires any property owner— (A) to permit public access (including access by Federal, State, tribal, or local agencies) to the property of the property owner; or (B) 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, or local unit of government or local agency; (4) conveys any land unit of government or agency use or other regulatory authority to any local coordinating entity, including development and management of energy, water, or water-related infrastructure; (5) alters, modifies, diminishes, or extinguishes the treaty rights of any Indian tribe within the Heritage Area; (6) authorizes or implies the reservation or appropriation of water or water rights; (7) diminishes the authority of the State to manage fish and wildlife, including the regulation of fishing and hunting within the Heritage Area; or (8) creates any liability, or affects any liability under any other law, of any private property owner. 10. Authorization of appropriations (a) Authorization of appropriations Subject to section 6(c) and subsection (b), there is authorized to be appropriated to carry out this Act $1,000,000 for each fiscal year, to remain available until expended. (b) Limitations on total amounts appropriated A total of not more than $15,000,000 may be appropriated to carry out this Act. (c) Cost-Sharing requirement (1) In general The Federal share of the total cost of the activities carried out under this Act shall be not more than 50 percent. (2) Non-Federal share The non-Federal share of the cost of activities carried out under this Act may be in the form of in-kind contributions of goods or services fairly valued. (d) Use of Federal funds from other sources Nothing in this Act precludes the local coordinating entity from using Federal funds available under other laws for the purposes for which the funds were authorized.