[DOCID: f:sr353.110]
From the Senate Reports Online via GPO Access
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Calendar No. 785
110th Congress Report
SENATE
2d Session 110-353
======================================================================
FREEDOM'S WAY NATIONAL HERITAGE AREA ACT
_______
June 16, 2008.--Ordered to be printed
_______
Mr. Bingaman, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 827]
The Committee on Energy and Natural Resources; to which was
referred the bill (S. 827) to establish the Freedom's Way
National Heritage Area in the States of Massachusetts and New
Hampshire, and for other purposes, having considered the same,
reports favorably thereon with an amendment and recommends that
the bill, as amended, do pass.
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Freedom's Way National Heritage Area
Act'' .
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to foster a close working relationship between the
Secretary and all levels of government, the private sector, and
local communities in the States of Massachusetts and New
Hampshire;
(2) to assist the entities described in paragraph (1) to
preserve the special historic identity of the Heritage Area;
and
(3) to manage, preserve, protect, and interpret the cultural,
historic, and natural resources of the Heritage Area for the
educational and inspirational benefit of future generations.
SEC. 3. DEFINITIONS.
In this Act:
(1) Heritage area.--The term ``Heritage Area'' means the
Freedom's Way National Heritage Area established by section
4(a).
(2) Local coordinating entity.--The term ``local coordinating
entity'' means the local coordinating entity for the Heritage
Area designated by section 4(d).
(3) Management plan.--The term ``management plan'' means the
management plan for the Heritage Area required under section
5(a)(1).
(4) Map.--The term ``map'' means the map entitled ``Freedom's
Way National Heritage Area'', numbered T04/80,000, and dated
July 2007.
(5) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
SEC. 4. ESTABLISHMENT.
(a) In General.--There is established the Freedom's Way National
Heritage Area in the States of Massachusetts and New Hampshire.
(b) Boundaries.--
(1) In general.--The boundaries of the Heritage Area shall be
as generally depicted on the map.
(2) Revision.--The boundaries of the Heritage Area may be
revised if the revision is--
(A) proposed in the management plan;
(B) approved by the Secretary in accordance with
section 6(d); and
(C) placed on file in accordance with subsection (c).
(c) Availability of Map.--The map shall be on file and available
for public inspection in the appropriate offices of the National Park
Service and the local coordinating entity.
(d) Local Coordinating Entity.--The Freedom's Way Heritage
Association, Inc., shall be the local coordinating entity for the
Heritage Area.
SEC. 5. DUTIES AND AUTHORITIES OF LOCAL COORDINATING ENTITY.
(a) Duties of the Local Coordinating Entity.--To further the
purposes of the Heritage Area, the local coordinating entity shall--
(1) prepare, and submit to the Secretary, in accordance with
section 6, a management plan for the Heritage Area;
(2) assist units of local government, regional planning
organizations, and nonprofit organizations in implementing the
approved management plan by--
(A) carrying out programs and projects that recognize
and protect important resource values within the
Heritage Area;
(B) establishing and maintaining interpretive
exhibits and programs within the Heritage Area;
(C) developing recreational and educational
opportunities in the Heritage Area;
(D) increasing public awareness of, and appreciation
for, natural, historic, and cultural resources of the
Heritage Area;
(E) protecting and restoring historic buildings in
the Heritage Area that are consistent with the themes
of the Heritage Area; and
(F) ensuring that signs identifying points of public
access and sites of interest are posted throughout the
Heritage Area;
(3) consider the interests of diverse units of government,
businesses, organizations, and individuals in the Heritage Area
in the preparation and implementation of the management plan;
(4) conduct meetings open to the public at least quarterly
regarding the development and implementation of the management
plan;
(5) submit an annual report to the Secretary for each fiscal
year for which the local coordinating entity receives Federal
funds under this Act specifying--
(A) the accomplishments of the local coordinating
entity;
(B) the expenses and income of the local coordinating
entity;
(C) the amounts and sources of matching funds;
(D) the amounts leveraged with Federal funds and
sources of the leveraged funds; and
(E) grants made to any other entities during the
fiscal year;
(6) make available for audit for each fiscal year for which
the local coordinating entity receives Federal funds under this
Act, all information pertaining to the expenditure of the funds
and any matching funds;
(7) require in all agreements authorizing expenditures of
Federal funds by other organizations, that the receiving
organizations make available for audit all records and other
information pertaining to the expenditure of the funds; and
(8) encourage, by appropriate means, economic development
that is consistent with the purposes of the Heritage Area.
(b) Authorities.--The local coordinating entity may, subject to the
prior approval of the Secretary, for the purposes of preparing and
implementing the management plan, use Federal funds made available
under this Act to--
(1) make grants to the States of Massachusetts and New
Hampshire, political subdivisions of the States, nonprofit
organizations, and other persons;
(2) enter into cooperative agreements with, or provide
technical assistance to, the States of Massachusetts and New
Hampshire, political subdivisions of the States, nonprofit
organizations, Federal agencies, and other interested parties;
(3) hire and compensate staff;
(4) obtain funds or services from any source, including funds
and services provided under any other Federal law or program;
(5) contract for goods or services; and
(6) support activities of partners and any other 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 use Federal funds received under this Act
to acquire any interest in real property.
(d) Use of Funds for Non-Federal Property.--The local coordinating
entity may use Federal funds made available under this Act to assist
non-Federal property that is--
(1) described in the management plan; or
(2) listed, or eligible for listing, on the National Register
of Historic Places.
SEC. 6. MANAGEMENT PLAN.
(a) In General.--Not later than 3 years after the date on which
funds are made available to develop the management plan, the local
coordinating entity shall submit to the Secretary for approval a
proposed management plan for the Heritage Area.
(b) Requirements.--The management plan for the Heritage Area
shall--
(1) describe comprehensive policies, goals, strategies, and
recommendations for the conservation, funding, management, and
development of the Heritage Area;
(2) take into consideration existing State, county, and local
plans in the development and implementation of the management
plan;
(3) provide a framework for coordination of the plans
considered under paragraph (2) to present a unified historic
preservation and interpretation plan;
(4) contain the contributions of residents, public agencies,
and private organizations within the Heritage Area;
(5) include a description of actions and commitments that
governments, private organizations, and citizens plan to take
to protect, enhance, and interpret the natural, historic,
scenic, and cultural resources of the Heritage Area;
(6) specify existing and potential sources of funding or
economic development strategies to conserve, manage, and
develop the Heritage Area;
(7) include an inventory of the natural, historic, and
recreational resources of the Heritage Area, including a list
of properties that--
(A) are related to the themes of the Heritage Area;
and
(B) should be conserved, restored, managed,
developed, or maintained;
(8) recommend policies and strategies for resource management
that--
(A) apply appropriate land and water management
techniques;
(B) include the development of intergovernmental and
interagency agreements to protect the natural,
historic, and cultural resources of the Heritage Area;
and
(C) support economic revitalization efforts;
(9) describe a program for implementation of the management
plan, including--
(A) restoration and construction plans or goals;
(B) a program of public involvement;
(C) annual work plans; and
(D) annual reports;
(10) include an analysis of, and recommendations for, ways in
which Federal, State, tribal, and local programs may best be
coordinated (including the role of the National Park Service
and other Federal agencies associated with the Heritage Area)
to further the purposes of this Act;
(11) include an interpretive plan for the Heritage Area; and
(12) include a business plan that--
(A) describes the role, operation, financing, and
functions of the local coordinating entity and of each
of the major activities described in the management
plan; and
(B) provides adequate assurances that the local
coordinating entity has the partnerships and financial
and other resources necessary to implement the
management plan for the Heritage Area.
(c) Termination of Funding.--If the management plan is not
submitted to the Secretary in accordance with this section, the local
coordinating entity shall not qualify for additional financial
assistance under this Act until the management plan is submitted to,
and approved by, the Secretary.
(d) Approval of Management Plan.--
(1) Review.--Not later than 180 days after the date on which
the Secretary receives the management plan, the Secretary 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 represents the
diverse interests of the Heritage Area, including
governments, natural and historic resource protection
organizations, educational institutions, businesses,
community residents, and recreational organizations;
(B) the local coordinating entity has afforded
adequate opportunity for public and governmental
involvement (including through workshops and public
meetings) in the preparation of the management plan;
(C) the resource protection and interpretation
strategies described in the management plan, if
implemented, would adequately protect the natural,
historic, and cultural resources of the Heritage Area;
(D) the management plan would not adversely affect
any activities authorized on Federal or tribal land
under applicable laws or land use plans;
(E) 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 aspects
of the management plan; and
(F) the local coordinating entity has demonstrated
the financial capability, in partnership with others,
to carry out the management plan.
(3) Action following disapproval.--
(A) In general.--If the Secretary disapproves the
management plan, the Secretary--
(i) shall advise the local coordinating
entity in writing of the reasons for the
disapproval; and
(ii) may make recommendations to the local
coordinating entity for revisions to the
management plan.
(B) Deadline.--Not later than 180 days after
receiving a revised management plan, the Secretary
shall approve or disapprove the revised management
plan.
(4) Amendments.--
(A) 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.
(B) Implementation.--The local coordinating entity
shall not use Federal funds authorized to be
appropriated by this Act to implement an amendment to
the management plan until the Secretary approves the
amendment.
SEC. 7. DUTIES AND AUTHORITIES OF THE SECRETARY.
(a) Technical and Financial Assistance.--
(1) In general.--On the request of the local coordinating
entity, the Secretary may provide technical and financial
assistance, on a reimbursable or nonreimbursable basis (as
determined by the Secretary), to the local coordinating entity
to develop and implement the management plan.
(2) Cooperative agreements.--The Secretary may enter into
cooperative agreements with the local coordinating entity and
other public or private entities to provide technical or
financial assistance under paragraph (1).
(3) Priority.--In assisting the Heritage Area, the Secretary
shall give priority to actions that assist in--
(A) conserving the significant natural, historic, and
cultural resources of the Heritage Area; and
(B) providing educational, interpretive, and
recreational opportunities consistent with the purposes
of the Heritage Area.
(b) Evaluation Report.--
(1) In General.--Not later than 3 years before the date on
which authority for Federal funding terminates for the Heritage
Area under section 11, the Secretary shall--
(A) conduct an evaluation of the accomplishments of
the Heritage Area; and
(B) prepare a report with recommendations for the
future role of the National Park Service, if any, with
respect to the Heritage Area, in accordance with
paragraph (3).
(2) Evaluation.--An evaluation conducted under paragraph
(1)(A) shall--
(A) assess the progress of the local coordinating
entity with respect to--
(i) accomplishing the purposes of this Act
for the Heritage Area; and
(ii) achieving the goals and objectives of
the approved management plan for the Heritage
Area;
(B) analyze the Federal, State, local, and private
investments in the Heritage Area to determine the
leverage and impact of the investments; and
(C) 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.
(3) Report.--
(A) In general.--Based on the evaluation conducted
under paragraph (1) (A), the Secretary shall prepare a
report that includes recommendations for the future
role of the National Park Service, if any, with respect
to the Heritage Area.
(B) Required analysis.--If the report prepared under
this paragraph recommends if that Federal funding for
the Heritage Area be reauthorized, the report shall
include an analysis of--
(i) ways in which Federal funding for the
Heritage Area may be reduced or eliminated; and
(ii) the appropriate time period necessary to
achieve the recommended reduction or
elimination.
(C) Submission to congress.--On completion of a
report under this paragraph, the Secretary shall submit
the report to--
(i) the Committee on Energy and Natural
Resources of the Senate; and
(ii) the Committee on Natural Resources of
the House of Representatives.
SEC. 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, the head of 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 Secretary and the
local coordinating entity.
(c) Other Federal Agencies.--Nothing in this Act--
(1) modifies, alters, or amends any laws (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.
SEC. 9. PROPERTY OWNERS AND REGULATORY PROTECTIONS.
Nothing in this Act--
(1) abridges the rights of any owner of public or private
property, including the right to refrain from participating in
any plan, project, problem, or activity conducted within the
Heritage Area;
(2) requires any property owner to--
(A) permit public access (including Federal, tribal,
State, or local government access) to the property; or
(B) modify any provisions of Federal, tribal, State,
or local law with regard to public access or use of
private land;
(3) alters any duly adopted land use regulations, approved
land use plan, or any other regulatory authority of any
Federal, State, or local agency, or tribal government;
(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 States of Massachusetts
and New Hampshire 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 with respect to any
person injured on the private property.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to carry
out this Act $10,000,000, of which not more than $1,000,000 may be made
available for any fiscal year.
(b) Availability.--Funds 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 may be in the form of
in-kind contributions of goods or services fairly valued.
SEC. 11. TERMINATION OF FINANCIAL ASSISTANCE.
The authority of the Secretary to provide financial assistance
under this Act terminates on the date that is 15 years after the date
of enactment of this Act.
PURPOSE
The purpose of S. 827 is to establish the Freedom's Way
National Heritage Area in the Commonwealth of Massachusetts and
the State of New Hampshire.
BACKGROUND AND NEED
The Freedom's Way National Heritage Area, located northwest
of Boston, includes 37 communities in Massachusetts and 8 in
New Hampshire that encompass a series of common themes related
to the development of American freedom, democracy,
conservation, social justice, and ethnic diversity. The
heritage area includes significant historical, cultural, and
natural sites such as the Minute Man National Historical Park,
the Oxbow and Great Meadows National Wildlife Refuge, the homes
of Henry David Thoreau, Ralph Waldo Emerson, Nathanial
Hawthorne, and Louisa May Alcott. The area also includes
several national historic landmarks and districts. Both the New
Hampshire and Massachusetts state legislatures have designated
the Freedom's Way as a state heritage area.
LEGISLATIVE HISTORY
S. 827 was introduced by Senator Kerry on March 8, 2007.
Similar legislation, H.R. 1297, was introduced in the House by
Representatives by Congressman Olver. The text of H.R. 1297 was
included in H.R. 1483, a bill to authorize the establishment of
several national heritage areas, which passed the House of
Representatives by a vote of 291-122 on October 24, 2007. The
Subcommittee on National Parks held a hearing on S. 827 and
H.R. 1483 on April 23, 2008.
At its business meeting on May 7, 2008, the Committee on
Energy and Natural Resources ordered S. 827 favorably reported,
with an amendment in the nature of a substitute.
COMMITTEE RECOMMENDATION
The Committee on Energy and Natural Resources, in open
business session on May 7, 2008, by a voice vote of a quorum
present, recommends that the Senate pass S. 827, if amended as
described herein.
COMMITTEE AMENDMENT
During its consideration of S. 827, the Committee adopted
an amendment in the nature of a substitute. The amendment
removes the findings section and makes other conforming
amendments so that the authorization for the heritage area is
consistent with other heritage area bills reported by the
Committee. The amendment is explained in detail in the section-
by-section analysis, below.
SECTION-BY-SECTION ANALYSIS
Section 1 provides the short title, the ``Freedom's Way
National Heritage Area Act''.
Section 2 lists the purposes of the Act.
Section 3 defines key terms used in the Act.
Section 4(a) establishes the Freedom's Way National
Heritage Area in the Commonwealth of Massachusetts and the
State of New Hampshire.
Subsection (b) describes the boundaries of the heritage
area as depicted on the map.
Subsection (c) states that a map of the heritage area shall
be included in the management plan and available on file in
appropriate offices of the National Park Service and the local
coordinating entity.
Subsection (d) designates the Freedom's Way Heritage
Association, Inc., as the local coordinating entity for the
heritage area.
Section 5(a) details the duties of the local coordinating
entity.
Subsection (b) lists the authorities of the local
coordinating entity. The subsection authorizes the local
coordinating entity to use Federal funds to prepare activities
recommended in the management plan for the heritage area, pay
for operational expenses, make grants and enter into
cooperative agreements, hire staff, obtain funds or services
from any source, and contract for goods or services.
Subsection (c) prohibits the local coordinating entity from
using Federal funds made available under this Act to acquire
real property or an interest in real property.
Subsection (d) states that the local coordinating entity
may use Federal funds made available under this Act to assist
non-Federal property described in the management plan or listed
(or eligible for listing) on the National Register of Historic
Places.
Section 6(a) requires the local coordinating entity to
prepare and submit for review a management plan to the
Secretary no later than three years after the date on which the
funds are made available to carry out this Act.
Subsection (b) lists the requirements for the contents of
the management plan.
Subsection (c) states that if the management plan is not
submitted within the three-year period, Federal funding is
suspended until the plan is submitted to the Secretary.
Subsection (d) requires the Secretary to approve or
disapprove the management plan within six months after
receiving the plan and lists the criteria the Secretary is to
consider in determining whether to approve or disapprove the
plan.
Section 7(a) authorizes the Secretary of the Interior to
provide technical and financial assistance to the local
coordinating entity to develop and implement the management
plan.
Subsection (b) requires the Secretary to conduct an
evaluation of the accomplishments of the national heritage area
not later than three years before the date Federal funding
authority terminates. The evaluation shall assess the progress
of the management entity with respect to accomplishing the
purposes of this Act for the heritage area and whether the
management entity achieved the goals and objectives of the
approved management plan for the heritage area. The evaluation
is also required to analyze governmental investments in the
heritage area to determine the leverage and impact of the
investments. The Secretary is directed to prepare a report,
based on the evaluation, that includes recommendations for the
future role of the National Park Service, if any, for the
heritage area. If the report recommends that Federal funding
for the area be reauthorized, it is required to include an
analysis of ways Federal funding may be reduced or eliminated.
The report is to be submitted to the House and Senate
authorizing committees.
Section 8(a) clarifies that nothing is this Act affects the
authority of a Federal agency to provide technical or financial
assistance under any other law.
Subsection (b) encourages the head of a Federal agency
planning to conduct activities that may have an impact on the
heritage area to consult and coordinate the activities with the
Secretary and the management entity to the maximum extent
practicable.
Subsection (c) clarifies that nothing in this Act modifies
authorities of Federal agencies to manage Federal land, limits
the discretion of a Federal agency to implement an approved
land use plan, or modifies or alters any authorized use of
Federal land.
Section 9 contains several savings provisions to clarify
that the designation of the national heritage area will not
affect private property rights, affect governmental land use
regulation, reserve or appropriate water rights, diminish the
authority of the State to manage fish and wildlife, or create
any liability for property owners within the heritage area.
Section 10(a) authorizes total appropriations of $10
million, with not more than $1 million authorized to be
appropriated for any fiscal year.
Subsection (b) requires Federal funding to be matched on a
50:50 basis with funds from non-Federal sources.
Section 11 provides that the authority of the Secretary to
provide assistance under this Act terminates 15 years after the
date of enactment.
COST AND BUDGETARY CONSIDERATIONS
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
S. 827--Freedom's Way National Heritage Area Act of 2008
S. 827 would establish Freedom's Way National Heritage Area
(NHA) in New Hampshire and Massachusetts and designate the
Freedom's Way Heritage Association, Inc., a local nonprofit
organization, as the management entity for the NHA. The bill
would authorize the appropriation of $10 million, not to exceed
$1 million annually, for financial assistance to the
association and other eligible entities over the next 15 years.
Assuming appropriation of the authorized amounts, CBO
estimates that implementing S. 827 would cost $5 million over
the 2009-2013 period and an additional $5 million after 2013.
Enacting the legislation would have no effect on direct
spending or revenues.
S. 827 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
On October 10, 2007, CBO transmitted a cost estimate for
H.R. 1483, the Celebrating America's Heritage Act, as ordered
reported by the House Committee on Natural Resources on
September 26, 2007. H.R. 1483 would establish six national
heritage areas, including the Freedom's Way NHA. The estimated
cost of S. 827 is the same as the estimated cost of the similar
provision in H.R. 1483.
The CBO staff contact for this estimate is Deborah Reis.
This estimate was approved by Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
REGULATORY IMPACT EVALUATION
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 827. The bill is not a regulatory measure in
the sense of imposing Government-established standards or
significant economic responsibilities on private individuals
and businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of S. 827, as ordered reported.
CONGRESSIONALLY DIRECTED SPENDING
In accordance with paragraph 4 (b) of rule XLIV of the
Standing Rules of the Senate, the Committee provides the
following identification of congressionally directed spending
items contained in the bill, as reported:
------------------------------------------------------------------------
Section Provision Member
------------------------------------------------------------------------
10(a)......................... Authorization of Kerry.
appropriations.
------------------------------------------------------------------------
EXECUTIVE COMMUNICATIONS
The testimony provided by the National Park Service at the
April 23, 2008, subcommittee hearing on S. 827 follows:
Statement of Daniel N. Wenk, Deputy Director, National Park Service,
Department of the Interior
Mr. Chairman and members of the subcommittee, thank you for
the opportunity to appear before you today to present the
Department's views on S. 827, a bill to establish the Freedom's
Way National Heritage Area in the Commonwealth of Massachusetts
and the State of New Hampshire.
While the Department recognizes the appropriateness of
designating the Freedom's Way National Heritage Area, we
recommend that the committee defer action on S. 827 and all
other proposed heritage area designations until program
legislation is enacted that establishes guidelines and a
process for the designation of national heritage areas. In
summer 2006, the Administration sent to Congress a legislative
proposal to establish such guidelines and a process for
designation. Bills were introduced in the 109th Congress (S.
243, H.R. 760 and H.R. 6287) that incorporated the majority of
the provisions of the Administration's proposal, and S. 243
passed the Senate. During the 110th Congress, a similar
heritage area program bill, S. 278, has been introduced, and we
look forward to continuing to work with Congress on this very
important issue.
With 37 national heritage areas designated across 27
states, and more heritage area legislative proposals in the
pipeline, the Administration believes it is critical at this
juncture for Congress to enact national heritage area program
legislation. This legislation would provide a much-needed
framework for evaluating proposed national heritage areas,
offering guidelines for successful planning and management,
clarifying the roles and responsibilities of all parties, and
standardizing timeframes and funding for designated areas.
Program legislation also would clarify the expectation that
heritage areas would work toward self-sufficiency by outlining
the necessary steps, including appropriate planning, to achieve
that shared goal.
The proposed Freedom's Way National Heritage Area includes
37 Massachusetts and 8 New Hampshire communities northwest of
Boston. It includes the Minute Man National Historical Park,
the Oxbow and Great Meadows National Wildlife Refuges, the
Concord, Assabet and Sudbury Wild and Scenic Rivers, as well as
National Historic Landmarks and Districts, and many sites
listed on the National Register of Historic Places.
This is a region that substantively influenced our
democratic forms of governance and the development of
intellectual traditions that underpin the concepts of American
freedom, democracy, conservation, social justice, and ethnic
diversity. Historically prominent leaders in literature and
intellectual thought found the region to be a source of
inspiration including Henry David Thoreau, Ralph Waldo Emerson,
Nathaniel Hawthorne and Louisa May Alcott. It was also the
locale for expressions of religious freedom and social
experimentation with the settlements of the Shakers, Millerites
and Transcendentalists. Its natural and community resources are
exceptional examples of the rural beauty of the New England
landscape. The events that occurred here during the American
Revolution include the ride of Paul Revere and the engagements
at Lexington and Concord, which are known to virtually every
elementary school child in the nation.
The concept of a Freedom's Way National Heritage Area was
defined in a feasibility study undertaken by the proposed
management entity, the Freedom's Way Heritage Association, Inc.
Priorities outlined in this study speak to linkages through
education and preservation of the region's nationally
distinctive natural and cultural resources through
partnerships. The region has a strong partnership base among
its many cultural institutions, businesses, non-profit
organizations, local governments, and citizens. The governors
of both states have endorsed the designation of a national
heritage area.
The National Park Service reviewed the national heritage
area feasibility study undertaken by the proposed management
entity in July 1997. Since it did not fully address the interim
national heritage area criteria, representatives of our
Northeast Region conducted field reconnaissance visits in
November 2000. Based on the findings of the reconnaissance
team, the Freedom's Way Heritage Association, Inc. submitted an
addendum in April 2001 to the 1997 Freedom's Way National
Heritage Area Feasibility Study entitled ``The Proposed
Freedom's Way National Heritage Area and Compliance with the
National Park Service Interim Criteria for National Heritage
Area Designation.'' The National Park Service evaluated that
addendum, as well as the original feasibility study, and found
that the criteria were fully addressed and met.
Since 2001 when the study was amended, both Massachusetts
and New Hampshire have enacted legislation establishing state
heritage area commissions related to Freedom's Way. Although
these state laws are quite similar to each other, and appear to
be consistent with the general aims of S. 827, they raise a
number of issues. For example, each state is authorized to
establish a Freedom's Way Heritage Area Commission, and among
other duties ``prepare and implement a unified historic
preservation and interpretive plan for the area.'' If S. 827 is
enacted, the Freedom's Way Heritage Association, Inc., a
nonprofit organization, would be the management entity, and
would also be charged with developing a comprehensive
management plan for the area. It is unclear how the heritage
area would function with three separate management entities
charged with similar duties. The Massachusetts law states that
if a federal heritage area is designated by act of Congress,
the governor may terminate the commission when a federal
management entity is appointed, but the New Hampshire law
includes no such provision.
It is our understanding that if the heritage area is
federally designated, then both state commissions would not be
established and the responsibility to prepare the management
plan would be the duty of the Freedom's Way Heritage
Association, Inc. as the management entity.
Mr. Chairman, while the proposed Freedom's Way National
Heritage Area contains significant natural and cultural
resources and meets the established criteria for congressional
designation, we would again request that the committee defer
action until national heritage area program legislation is
enacted. However, if the committee chooses to move ahead with
this bill, the Department would like to work with them to make
some technical corrections to the bill. In addition, the
Department would recommend that the bill be amended to include
an additional requirement for an evaluation to be conducted by
the Secretary, three years prior to the cessation of federal
funding under this act. The evaluation would examine the
accomplishments of the heritage area in meeting the goals of
the management plan; analyze the leveraging and impact of
investments to the heritage area; identify the critical
components of the management structure and sustainability of
the heritage area; and recommend what future role, if any, the
National Park Service should have with respect to the heritage
area.
Mr. Chairman this completes my testimony. I would be happy
to answer any questions that you or any of the members of the
subcommittee may have.
CHANGES IN EXISTING LAW
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the Committee notes that no
changes in existing law are made by the bill S. 827, as ordered
reported.
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