Library / Laws / 113th / s / S. 2602 / Reported in Senate
II
Calendar No. 640
113th CONGRESS
2d Session
S. 2602
[Report No. 113–300]
IN THE SENATE OF THE UNITED STATES
July 15, 2014Ms. Cantwell (for herself and Mrs. Murray) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources
December 10, 2014Reported by Ms. Landrieu, with an amendmentStrike out all after the enacting clause and insert the part printed in italic
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.
1.
Short title
This Act may be cited as the National Heritage Area Authorization Act of 2014.
2.
Definition of Secretary
In this Act, the term Secretary means the Secretary of the Interior.
3.
National heritage area designations
The following areas are designated as national heritage areas, to be administered in accordance
with this Act:
(1)
Appalachian Forest National Heritage Area, West Virginia and Maryland
(A)
In general
There is established the Appalachian Forest National Heritage Area in the States of West Virginia
and Maryland,
as depicted on the map entitled Appalachian Forest National Heritage Area, numbered T07/80,000 and dated October 2007, including—
(i) Barbour, Braxton, Grant, Greenbrier, Hampshire, Hardy, Mineral, Morgan, Nicholas, Pendleton,
Pocahontas, Preston, Randolph, Tucker, Upshur, and Webster counties in
West Virginia; and
(ii) Allegany and Garrett Counties in Maryland.
(B)
Local coordinating entity
The Appalachian Forest Heritage Area, Inc., shall be the local coordinating entity for the national
heritage area established under subparagraph (A).
(2)
Maritime Washington National Heritage Area, Washington
(A)
In general
There is established the Maritime Washington National Heritage Area in the State of Washington, to
include land in Whatcom, Skagit, Snohomish, San Juan,
Island, King, Pierce, Thurston, Mason, Kitsap, Jefferson, Clallam, Grays
Harbor counties in the State, as generally depicted on the map entitled Maritime Washington National Heritage Area Proposed Boundary, numbered 584/125484 and dated August, 2014.
(B)
Local coordinating entity
The Pacific Northwest Maritime Heritage Advisory Council, operating under the Washington Trust for
Historic Preservation, shall be the local coordinating entity for the
national heritage area established under subparagraph (A).
(3)
Mountains to Sound Greenway National Heritage Area, Washington
(A)
In general
There is established the Mountains to Sound Greenway National Heritage Area in the State of
Washington, to consist of land in King and Kittitas counties
in the State, as generally depicted on the map entitled Mountains to Sound Greenway National Heritage Area Proposed Boundary, numbered 584/125,484 and dated January 31, 2011.
(B)
Local coordinating entity
The Mountains to Sound Greenway Trust shall be the local coordinating entity for the national
heritage area established under subparagraph (A).
(4)
Susquehanna Gateway National Heritage Area, Pennsylvania
(A)
In general
There is established the Susquehanna Gateway National Heritage Area in the State of Pennsylvania,
to include Lancaster and York counties in the State.
(B)
Local coordinating entity
The Susquehanna Heritage Corporation, a nonprofit organization established under the laws of the
State, shall be the local coordinating entity for the national heritage
area established under subparagraph (A).
(5)
Sacramento-San Joaquin Delta National Heritage Area, California
(A)
In general
There is established the Sacramento-San Joaquin Delta National Heritage Area in the State of
California, to consist of land in Contra Costa, Sacramento,
San Joaquin, Solano, and Yolo counties in the State, as generally depicted
on the map entitled Sacramento-San Joaquin Delta National Heritage Area Proposed Boundary, numbered T27/105,030 and dated October 2012.
(B)
Local coordinating entity
The Delta Protection Commission shall be the local coordinating entity for the national heritage
area established under subparagraph (A).
(6)
Alabama Black Belt National Heritage Area, Alabama
(A)
In general
There is established the Alabama Black Belt National Heritage Area in the State of Alabama, to
include Bibb, Bullock, Butler, Choctaw, Clarke,
Conecuh, Dallas, Greene, Hale, Lowndes, Macon, Marengo, Monroe,
Montgomery, Perry, Pickens, Sumter, Washington and Wilcox counties in the
State.
(B)
Local coordinating entity
The Center for the Study of the Black Belt at the University of West Alabama shall be the local
coordinating entity for the national heritage area established under
subparagraph (A).
4.
Administration
(a)
Authorities
For purposes of carrying out the management plan for each of the national heritage areas designated
by section 3, the Secretary, acting through the local coordinating entity,
may use amounts made available under section 9—
(1) to make grants to the State or a political subdivision of the State, nonprofit organizations, and
other persons;
(2) to enter into cooperative agreements with, or provide technical assistance to, the State or a
political subdivision of the State, nonprofit organizations, and other
interested parties;
(3) to hire and compensate staff, which shall include individuals with expertise in natural, cultural,
and
historical resources protection, and heritage programming;
(4) to obtain money or services from any source including any money or services that are provided under
any other Federal
law or program;
(5) to contract for goods or services; and
(6) to undertake to be a catalyst for any other activity that furthers the national heritage area and
is consistent
with the approved management plan.
(b)
Duties
The local coordinating entity for each of the national heritage areas designated by section 3
shall—
(1) in accordance with section 5, prepare and submit a management plan for the national heritage area
to the
Secretary;
(2) assist units of local government, regional planning organizations, and nonprofit organizations in
carrying out the approved management plan by—
(A) carrying out programs and projects that recognize, protect, and enhance important resource values
in the national heritage area;
(B) establishing and maintaining interpretive exhibits and programs in the national heritage area;
(C) developing recreational and educational opportunities in the national heritage area;
(D) increasing public awareness of, and appreciation for, natural, historical, scenic, and cultural
resources of the national heritage area;
(E) protecting and restoring historic sites and buildings in the national heritage area that are
consistent with
national heritage area themes;
(F) ensuring that clear, consistent, and appropriate signs identifying points of public access and
sites of interest are posted throughout the national heritage area; and
(G) promoting a wide range of partnerships among governments, organizations, and individuals to further
the national heritage area;
(3) consider the interests of diverse units of government, businesses, organizations, and individuals
in the national heritage area in the preparation and implementation of the
management plan;
(4) conduct meetings open to the public at least semiannually regarding the development and
implementation of the management plan;
(5) for any year that Federal funds have been received under this section—
(A) submit to the Secretary an annual report that describes the activities, expenses, and income of the
local coordinating entity (including grants to any other entities during
the year that the report is made);
(B) make available to the Secretary for audit all records relating to the expenditure of the funds and
any matching funds; and
(C) require, with respect to all agreements authorizing expenditure of Federal funds by other
organizations, that the organizations receiving the funds make available
to the Secretary for audit all records concerning the expenditure of the
funds; and
(6) encourage by appropriate means economic viability that is consistent with the national heritage
area.
(c)
Prohibition on the acquisition of real property
The local coordinating entity shall not use Federal funds made available under section 9 to
acquire real property or any interest in real property.
5.
Management plan
(a)
In general
Not later than 3 years after the date of enactment of this Act, the local coordinating entity for
each of the national heritage areas designated by section 3 shall submit
to the
Secretary for approval a proposed management plan for the national
heritage area.
(b)
Requirements
The management plan shall—
(1) incorporate an integrated and cooperative approach for the protection, enhancement, and
interpretation of the natural, cultural, historic, scenic, and
recreational resources of the national heritage area;
(2) take into consideration State and local plans;
(3) include—
(A) an inventory of—
(i) the resources located in the national heritage area; and
(ii) any other property in the national heritage area that—
(I) is related to the themes of the national heritage area; and
(II) should be preserved, restored, managed, or maintained because of the significance of the property;
(B) comprehensive policies, strategies and recommendations for conservation, funding, management, and
development of the national heritage area;
(C) a description of actions that governments, private organizations, and individuals have agreed to
take to protect the natural, historical and cultural resources of the
national heritage area;
(D) a program of implementation for the management plan by the local coordinating entity that includes
a description of—
(i) actions to facilitate ongoing collaboration among partners to promote plans for resource
protection, restoration, and construction; and
(ii) specific commitments for implementation that have been made by the local coordinating entity or any
government, organization, or individual for the first 5 years of
operation;
(E) the identification of sources of funding for carrying out the management plan;
(F) analysis and recommendations for means by which Federal, State, and local programs, including the
role of the National Park Service in the national heritage area, may best
be
coordinated to carry out this section; and
(G) an interpretive plan for the national heritage area; and
(4) recommend policies and strategies for resource management that consider and detail the application
of appropriate land and water management techniques, including the
development of intergovernmental and interagency cooperative agreements to
protect the natural, historical, cultural, educational, scenic, and
recreational resources of the national heritage area.
(c)
Deadline
If a proposed management plan is not submitted to the Secretary by the date that is 3 years after
the date of enactment of 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 or disapproval of management plan
(1)
In general
Not later than 180 days after the date of receipt of the management plan under subsection (a), the
Secretary, in consultation with the State, shall approve or disapprove the
management plan.
(2)
Criteria for approval
In determining whether to approve the management plan, the Secretary shall consider whether—
(A) the local coordinating entity is representative of the diverse interests of the national heritage
area,
including governments, natural and historic resource protection
organizations, educational institutions, businesses, and recreational
organizations;
(B) the local coordinating entity has afforded adequate opportunity, including public hearings, for
public and governmental involvement in the preparation of the management
plan; and
(C) the resource protection and interpretation strategies contained in the management plan, if
implemented, would adequately protect the natural, historical, and
cultural resources of the national heritage area.
(3)
Action following disapproval
If the Secretary disapproves the management plan under paragraph (1), the Secretary shall—
(A) advise the local coordinating entity in writing of the reasons for the disapproval;
(B) make recommendations for revisions to the management plan; and
(C) not later than 180 days after the receipt of any proposed revision of the management plan from the
local coordinating entity, approve or disapprove the proposed revision.
(4)
Amendments
(A)
In general
The Secretary shall approve or disapprove each amendment to the management plan that the Secretary
determines make a substantial change to the management plan.
(B)
Use of funds
The local coordinating entity shall not use Federal funds authorized by this section to carry out
any amendments to the management plan until the Secretary has approved the
amendments.
6.
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
The head of any Federal agency planning to conduct activities that may have an impact on a national
heritage area designated by section 3 is encouraged to consult and
coordinate the
activities with the Secretary and 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 a national heritage area designated by section 3; or
(3) modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal
agency.
7.
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 a national heritage area designated by section 3;
(2) requires any property owner—
(A) to permit public access (including access by Federal, State, 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, or
local law;
(3) alters any duly adopted land use regulation, approved land use plan, or other regulatory authority
of any Federal, State, tribal, or local agency,
(4) conveys any land use or other regulatory authority to the local coordinating entity;
(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 a national heritage area designated by section
3; or
(7) creates any liability, or affects any liability under any other law, of any private property owner
with respect to any person injured on the private property.
8.
Evaluation and report
(a)
In general
For each of the national heritage areas designated by section 3, not later than 3 years before the
date on which authority for Federal funding terminates for each national
heritage area, the Secretary shall—
(1) conduct an evaluation of the accomplishments of the national heritage area; and
(2) prepare a report in accordance with subsection (c).
(b)
Evaluation
An evaluation conducted under subsection (a)(1) shall—
(1) assess the progress of the local management entity with respect to—
(A) accomplishing the purposes of the authorizing legislation for the national heritage area; and
(B) achieving the goals and objectives of the approved management plan for the national heritage area;
(2) analyze the investments of Federal, State, tribal, and local government and private entities in
each national heritage area to determine the impact of the investments;
and
(3) review the management structure, partnership relationships, and funding of the national heritage
area for purposes of identifying the critical components for
sustainability of the national heritage area.
(c)
Report
Based on the evaluation conducted under subsection (a)(1), the Secretary shall submit to
the
Committee on Energy and Natural Resources of the Senate and the Committee
on Natural Resources of the House of Representatives a report that
includes recommendations for the future role of the National Park Service
with respect to the national heritage area.
9.
Authorization of appropriations
(a)
In general
There is authorized to be appropriated for each national heritage area designated by section 3 to
carry out the purposes of this Act $10,000,000, of which not more than
$1,000,000 may be made
available in any fiscal year.
(b)
Availability
Amounts made available under subsection (a) shall remain available until expended.
(c)
Cost-sharing requirement
(1)
In general
The Federal share of the total cost of any activity under this Act shall be not more than 50
percent.
(2)
Form
The non-Federal contribution of the total cost of any activity under this Act may be in the form of
in-kind contributions of goods or services
fairly valued.
(d)
Termination of authority
The authority of the Secretary to provide assistance under this Act (other than sections 10 and 11)
terminates on the date
that is 15 years after the date of enactment of this Act.
10.
Extension of national heritage area authorities
(a) Section 12 of Public Law 100–692 (16 U.S.C. 461 note; 102 Stat. 4558; 112 Stat. 3258; 123 Stat.
1292; 127 Stat. 420; 128 Stat. 314) is amended—
(1) in subsection (c)(1), by striking 2015 and inserting 2030; and
(2) in subsection (d), by striking 2015 and inserting 2030 .
(b) Division II of Public Law 104–333 (16 U.S.C. 461 note) is amended by striking 2015 each place it appears in the following sections and inserting 2030:
(1) Section 107 (110
Stat. 4244; 127 Stat. 420; 128 Stat. 314).
(2) Section 408 (110 Stat. 4256; 127 Stat. 420; 128 Stat. 314).
(3) Section 507 (110 Stat. 4260; 127 Stat. 420; 128 Stat. 314).
(4) Section 707 (110 Stat. 4267; 127 Stat. 420; 128 Stat. 314).
(5) Section 809 (110 Stat. 4275; 122 Stat. 826; 127 Stat. 420; 128 Stat. 314).
(6) Section 910 (110 Stat. 4281; 127 Stat. 420; 128 Stat. 314).
(c) Section 109 of Public Law 105–355 (16 U.S.C. 461 note; 112 Stat. 3252) is amended by striking September 30, 2014 and inserting September 30, 2030.
(d) Public Law 106–278 (16 U.S.C. 461 note) is amended—
(1) in section 108 (114 Stat. 818; 127 Stat. 420; 128 Stat. 314), by striking 2015 and inserting 2030; and
(2) in section 209 (114 Stat. 824), by striking the date that is 15 years after the date of enactment of this title and inserting September 30, 2030.
(e) Section 157(i) of Public Law 106–291 (16 U.S.C. 461 note; 114 Stat.
967) is amended by striking 2015 and inserting 2030.
(f) Section 7 of Public Law 106–319 (16 U.S.C. 461 note; 114 Stat. 1284) is amended by striking 2015 and inserting 2030.
(g) Section 804(j) of title VIII of division B of H.R. 5666 (Appendix D) as enacted into law by section
1(a)(4) of Public Law 106–554 (16 U.S.C. 461 note; 114 Stat. 2763,
2763A-295; 123 Stat. 1294) is amended by striking the day occurring 15 years after the date of enactment of this title and inserting September 30, 2030.
11.
John H. Chafee Blackstone River Valley National Heritage Corridor amendments
Public Law 99–647 (16 U.S.C. 461 note; 100 Stat. 3625) is amended—
(1) in the first sentence of section 2 (110 Stat. 4202), by striking the map entitled Blackstone River Valley National Heritage Corridor Boundary Map, numbered BRV–80–80,011, and dated May 2, 1993 and inserting the map entitled John H. Chafee Blackstone River Valley National Heritage Corridor—Proposed Boundary, numbered 022/111530, and dated November 10, 2011;
(2) in section 7 (120 Stat. 1858, 125 Stat. 155)—
(A) in the section heading, by striking termination of commission and inserting termination of commission; designation of local coordinating entity;
(B) by striking The Commission and inserting the following:
(a)
In general
The Commission
; and
(C) by adding at the end the following:
(b)
Local coordinating entity
(1)
Designation
The Blackstone River Valley National Heritage Corridor, Inc., shall be the local coordinating
entity for the Corridor (referred to in this section as the local coordinating entity).
(2)
Implementation of management plan
The local coordinating entity shall assume the duties of the Commission for the implementation of
the Cultural Heritage and Land Management Plan developed and approved
under section 6.
(c)
Use of funds
For the purposes of carrying out the management plan, the local coordinating entity may use amounts
made available under this Act—
(1) to make grants to the States of Massachusetts and Rhode Island (referred to in this section as the
States), political subdivisions of the States, nonprofit organizations,
and other persons;
(2) to enter into cooperative agreements with or provide technical assistance to the States, political
subdivisions of the States, nonprofit organizations, Federal agencies, and
other interested parties;
(3) to hire and compensate staff, including individuals with expertise in—
(A) natural, historical, cultural, educational, scenic, and recreational resource conservation;
(B) economic and community development; or
(C) heritage planning;
(4) to obtain funds or services from any source, including funds and services provided under any other
Federal law or program;
(5) to contract for goods or services; and
(6) to support activities of partners and any other activities that further the purposes of the
Corridor and are consistent with the approved management plan.
;
(3) in section 8 (120 Stat. 1858)—
(A) in subsection (b)—
(i) by striking The Secretary and inserting the following:
(1)
In general
The Secretary
; and
(ii) by adding at the end the following:
(2)
Cooperative agreements
Notwithstanding chapter 63 of title 31, United States Code, the Secretary may enter into
cooperative agreements with the local coordinating entity designated by
paragraph (1) and other public or private entities for the purpose of—
(A) providing technical assistance; or
(B) implementing the plan under section 6(c).
; and
(B) by striking subsection (d) and inserting the following:
(d)
Transition memorandum of understanding
The Secretary shall enter into a memorandum of understanding with the local coordinating entity to
ensure—
(1) the appropriate transition of management of the Corridor from the Commission to the local
coordinating entity; and
(2) coordination regarding the implementation of the Cultural Heritage and Land Management Plan.
;
(4) in section 10 (104 Stat. 1018, 120 Stat. 1858)—
(A) in subsection (a), by striking in which the Commission is in existence and inserting until September 30, 2016; and
(B) by striking subsection (c); and
(5) by adding at the end the following:
11.
References to the Corridor, Inc
For purposes of sections 6, 8 (other than section 8(d)(1)), 9, and 10, a reference to the Commission shall be considered to be a reference to the local coordinating entity.
.
12.
Redesignation of the Last Green Valley National Heritage Corridor
(a)
In general
The Quinebaug and Shetucket Rivers Valley National Heritage Corridor Act of 1994 (16 U.S.C. 461
note; Public Law 103–449) is amended—
(1) in section 103—
(A) in the heading, by striking Quinebaug and Shetucket Rivers Valley National Heritage Corridor and inserting Last Green Valley National Heritage Corridor; and
(B) in subsection (a), by striking the Quinebaug and Shetucket Rivers Valley National Heritage Corridor and inserting The Last Green Valley National Heritage Corridor; and
(2) in section 108(2), by striking the Quinebaug and Shetucket Rivers Valley National Heritage Corridor under and inserting The Last Green Valley National Heritage Corridor established by.
(b)
References
Any reference in a law, map, regulation, document, paper, or other record of the United States to
the Quinebaug and Shetucket Rivers Valley National Heritage Corridor shall
be deemed to be a reference to the The Last Green Valley National Heritage Corridor.
December 10, 2014Reported with an amendment