[DOCID: f:sr381.110]
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Calendar No. 813
110th Congress Report
SENATE
2d Session 110-381
======================================================================
CELEBRATING AMERICA'S HERITAGE 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 H.R. 1483]
The Committee on Energy and Natural Resources, to which was
referred the Act (H.R. 1483) to amend the Omnibus Parks and
Public Lands Management Act of 1996 to extend the authorization
for certain national heritage areas, and for other purposes,
having considered the same, reports favorably thereon with an
amendment and recommends that the Act, 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 ``Celebrating America's Heritage Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Definition of Secretary.
TITLE I--DESIGNATIONS
Subtitle A--Muscle Shoals National Heritage Area
Sec. 1101. Purposes.
Sec. 1102. Definitions.
Sec. 1103. Establishment.
Sec. 1104. Duties and authorities of local coordinating entity.
Sec. 1105. Management plan.
Sec. 1106. Duties and authorities of the secretary.
Sec. 1107. Relationship to other Federal agencies.
Sec. 1108. Property owners and regulatory protections.
Sec. 1109. Authorization of appropriations.
Sec. 1110. Termination of financial assistance.
Subtitle B--Santa Cruz Valley National Heritage Area
Sec. 1201. Purposes.
Sec. 1202. Definitions.
Sec. 1203. Establishment.
Sec. 1204. Duties and authorities of local coordinating entity.
Sec. 1205. Management plan.
Sec. 1206. Duties and authorities of the secretary.
Sec. 1207. Relationship to other Federal agencies.
Sec. 1208. Property owners and regulatory protections.
Sec. 1209. Authorization of appropriations.
Sec. 1210. Termination of financial assistance.
TITLE II--STUDY
Sec. 2001. Northern Neck National Heritage Area Study.
TITLE III--TECHNICAL AMENDMENTS
Sec. 3001. Erie Canalway National Heritage Corridor technical
corrections.
Sec. 3002. John H. Chafee Blackstone River Valley National Heritage
Corridor.
SEC. 3. DEFINITION OF SECRETARY.
In this Act, the term ``Secretary'' means the Secretary of the
Interior.
TITLE I--DESIGNATIONS
Subtitle A--Muscle Shoals National Heritage Area
SEC. 1101. PURPOSES.
The purposes of this subtitle are--
(1) to preserve, support, conserve, and interpret the legacy
of the region represented by the Heritage Area as described in
the feasibility study prepared by the National Park Service;
(2) to promote heritage, cultural, and recreational tourism,
and to develop educational and cultural programs for visitors
and the general public;
(3) to recognize and interpret important events and
geographic locations representing key developments in the
growth of the United States, including the Native American,
Colonial American, European American, and African American
heritage;
(4) to recognize and interpret the manner by which the
distinctive geography of the region has shaped the development
of the settlement, defense, transportation, commerce, and
culture of the region;
(5) to provide a cooperative management framework to foster a
close working relationship with all levels of government, the
private sector, and the local communities in the region to
identify, preserve, interpret, and develop the historical,
cultural, scenic, and natural resources of the region for the
educational and inspirational benefit of current and future
generations; and
(6) to provide appropriate linkages between units of the
National Park System and communities, governments, and
organizations within the Heritage Area.
SEC. 1102. DEFINITIONS.
In this subtitle:
(1) Heritage area.--The term ``Heritage Area'' means the
Muscle Shoals National Heritage Area established by section
1103(a).
(2) Local coordinating entity.--The term ``local coordinating
entity'' means the Muscle Shoals Regional Center, the local
coordinating entity for the Heritage Area designated by section
1103(d).
(3) Management plan.--The term ``management plan'' means the
plan for the Heritage Area required under section 1104(a)(1).
(4) Map.--The term ``map'' means the map entitled ``Muscle
Shoals National Heritage Area'', numbered T08/80,000, and dated
October 2007.
(5) State.--The term ``State'' means the State of Alabama.
SEC. 1103. ESTABLISHMENT.
(a) In General.--There is established the Muscle Shoals National
Heritage Area in the State.
(b) Boundaries.--The Heritage Area shall be comprised of the
following areas, as depicted on the map:
(1) The Counties of Colbert, Franklin, Lauderdale, Lawrence,
Limestone, and Morgan, Alabama.
(2) The Wilson Dam.
(3) The Handy Home.
(4) The birthplace of Helen Keller.
(c) Availability 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 Muscle Shoals Regional Center
shall be the local coordinating entity for the Heritage Area.
SEC. 1104. 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 1105, a management plan for the Heritage Area;
(2) submit an annual report to the Secretary for each fiscal
year for which the local coordinating entity receives Federal
funds under this subtitle 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;
(3) make available for audit for each fiscal year for which
the local coordinating entity receives Federal funds under this
subtitle, all information pertaining to the expenditure of the
funds and any matching funds;
(4) encourage, by appropriate means, economic development
that is consistent with the purposes of the Heritage Area; and
(5) serve as a catalyst for the implementation of projects
and programs among diverse partners in 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 subtitle to--
(1) make grants to the State, political subdivisions of the
State, nonprofit organizations, and other persons;
(2) enter into cooperative agreements with, or provide
technical assistance to, the State, political subdivisions of
the State, 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; and
(C) heritage planning;
(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
subtitle to acquire any interest in real property.
SEC. 1105. 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 telling the story of the heritage of the
area covered by the Heritage Area and encouraging long-term
resource protection, enhancement, interpretation, funding,
management, and development of the Heritage Area;
(2) include a description of actions and commitments that
Federal, State, tribal, and local governments, private
organizations, and citizens plan to take to protect, enhance,
interpret, fund, manage, and develop the natural, historic,
cultural, educational, scenic, and recreational resources of
the Heritage Area;
(3) specify existing and potential sources of funding or
economic development strategies to protect, enhance, interpret,
fund, manage, and develop the Heritage Area;
(4) include an inventory of the natural, historic, cultural,
educational, scenic, and recreational resources of the Heritage
Area relating to the stories and themes of the Heritage Area
that should be protected, enhanced, interpreted, managed,
funded, or developed;
(5) recommend policies and strategies for resource
management, including the development of intergovernmental and
interagency agreements to protect, enhance, interpret, fund,
manage, and develop the natural, historic, cultural,
educational, scenic, and recreational resources of the Heritage
Area;
(6) describe a program for implementation of the management
plan, including--
(A) performance goals;
(B) plans for resource protection, enhancement,
interpretation, funding, management, and development;
and
(C) specific commitments for implementation that have
been made by the local coordinating entity or any
Federal, State, tribal, or local government agency,
organization, business, or individual;
(7) 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 subtitle; and
(8) 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 by the date that is 3 years after the date on which
funds are first made available to develop the management plan, 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) Consultation required.--The Secretary shall consult with
the Governor of the State in which the Heritage Area is located
before approving the management plan.
(3) 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
Federal, State, tribal, and local governments, natural
and historic resource protection organizations,
educational institutions, businesses, community
residents, recreational organizations, and private
property owners;
(B) the local coordinating entity--
(i) has afforded adequate opportunity for
public and Federal, State, tribal, and local
governmental involvement (including through
workshops and public meetings) in the
preparation of the management plan; and
(ii) provides for at least semiannual public
meetings to ensure adequate implementation of
the management plan;
(C) the resource protection, enhancement,
interpretation, funding, management, and development
strategies described in the management plan, if
implemented, would adequately protect, enhance,
interpret, fund, manage, and develop the natural,
historic, cultural, scenic, and recreational resources
of the Heritage Area;
(D) the management plan would not adversely affect
any activities authorized on Federal 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;
(F) the local coordinating entity has demonstrated
the financial capability, in partnership with others,
to carry out the management plan; and
(G) the management plan demonstrates partnerships
among the local coordinating entity, Federal, State,
tribal, and local governments, regional planning
organizations, nonprofit organizations, and private
sector parties for implementation of the management
plan.
(4) 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.
(5) 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 by this subtitle
to implement an amendment to the management plan until
the Secretary approves the amendment.
(6) Authorities.--The Secretary may--
(A) provide technical assistance under the authority
of this subtitle for the development and implementation
of the management plan; and
(B) enter into cooperative agreements with interested
parties to carry out this subtitle.
SEC. 1106. 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).
(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 1110, 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, tribal, 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 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. 1107. RELATIONSHIP TO OTHER FEDERAL AGENCIES.
(a) In General.--Nothing in this subtitle 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 to the maximum extent practicable.
(c) Other Federal Agencies.--Nothing in this subtitle--
(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. 1108. PROPERTY OWNERS AND REGULATORY PROTECTIONS.
Nothing in this subtitle--
(1) abridges the rights of any owner of public or private
property, including the right to refrain from participating in
any plan, project, program, or activity conducted within the
Heritage Area;
(2) requires any property owner to--
(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 State to manage fish and
wildlife, including the regulation of fishing and hunting
within the Heritage Area; or
(7) creates any liability, or affects any liability under any
other law, of any private property owner with respect to any
person injured on the private property.
SEC. 1109. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to carry out
this subtitle $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 subtitle 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.
(d) Use of Federal Funds From Other Sources.--Nothing in this
subtitle precludes the local coordinating entity from using Federal
funds available under provisions of law other than this subtitle for
the purposes for which those funds were authorized.
SEC. 1110. TERMINATION OF FINANCIAL ASSISTANCE.
The authority of the Secretary to provide financial assistance under
this subtitle terminates on the date that is 15 years after the date of
enactment of this Act.
Subtitle B--Santa Cruz Valley National Heritage Area
SEC. 1201. PURPOSES.
The purposes of this subtitle are--
(1) to establish the Santa Cruz Valley National Heritage Area
in the State of Arizona;
(2) to implement the recommendations of--
(A) the ``Alternative Concepts for Commemorating
Spanish Colonization'' study completed by the National
Park Service in 1991; and
(B) the ``Feasibility Study for the Santa Cruz Valley
National Heritage Area'' prepared by the Center for
Desert Archaeology in July 2005;
(3) to provide a management framework--
(A) to foster a close working relationship with all
levels of government, the private sector, and the local
communities in the region; and
(B) to conserve the heritage of the region while
continuing to pursue compatible economic opportunities;
(4) to assist communities, organizations, and citizens in the
State in identifying, preserving, interpreting, and developing
the historic, cultural, scenic, and natural resources of the
region for the educational and inspirational benefit of current
and future generations; and
(5) to provide appropriate linkages between units of the
National Park System and communities, governments, and
organizations in the Heritage Area.
SEC. 1202. DEFINITIONS.
In this subtitle:
(1) Heritage area.--The term ``Heritage Area'' means the
Santa Cruz Valley National Heritage Area established by section
1203(a).
(2) Local coordinating entity.--The term ``local coordinating
entity'' means the local coordinating entity for the Heritage
Area designated by section 1203(d).
(3) Management plan.--The term ``management plan'' means the
plan for the Heritage Area required under section 1204(a)(1).
(4) Map.--The term ``map'' means the map entitled ``Santa
Cruz Valley National Heritage Area, Pima and Santa Cruz
Counties, Arizona'', numbered T09/80,000, and dated November
13, 2007.
(5) State.--The term ``State'' means the State of Arizona.
SEC. 1203. ESTABLISHMENT.
(a) In General.--There is established the Santa Cruz Valley National
Heritage Area in the State.
(b) Boundaries.--The Heritage Area shall consist of portions of Santa
Cruz and Pima Counties, Arizona, as depicted on the map.
(c) Availability of Map.--The map shall be on file and available for
public inspection in the appropriate offices of--
(1) the National Park Service; and
(2) the local coordinating entity.
(d) Local Coordinating Entity.--The Santa Cruz Valley Heritage
Alliance, Inc., shall be the local coordinating entity for the Heritage
Area.
SEC. 1204. DUTIES AND AUTHORITIES OF LOCAL COORDINATING ENTITY.
(a) Duties.--To further the purposes of the Heritage Area, the local
coordinating entity shall--
(1) prepare a management plan for the Heritage Area, and
submit the management plan to the Secretary, in accordance with
this subtitle;
(2) submit an annual report to the Secretary for each fiscal
year for which the local coordinating entity receives Federal
funds under this subtitle, specifying--
(A) the specific performance goals and
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;
(3) make available for audit for each fiscal year for which
the local coordinating entity receives Federal funds under this
subtitle, all information pertaining to the expenditure of the
funds and any matching funds; and
(4) encourage, by appropriate means, economic viability and
sustainability that is consistent with the purposes of the
Heritage Area.
(b) Authorities.--For the purposes of preparing and implementing the
approved management plan for the Heritage Area, the local coordinating
entity may use Federal funds made available under this subtitle to--
(1) make grants to the State, political subdivisions of the
State, nonprofit organizations, and other persons;
(2) enter into cooperative agreements with or provide
technical assistance to political subdivisions of the State,
nonprofit organizations, Federal agencies, and other interested
parties;
(3) hire and compensate staff, including individuals with
expertise in--
(A) natural, historical, cultural, educational,
scenic, and recreational resource conservation;
(B) economic and community development; and
(C) heritage planning;
(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
subtitle to acquire any interest in real property.
(d) Other Sources.--Nothing in this subtitle precludes the local
coordinating entity from using Federal funds from other sources for
authorized purposes.
SEC. 1205. 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 telling the story of the heritage of the
region and encouraging long-term resource protection,
enhancement, interpretation, funding, management, and
development of the Heritage Area;
(2) include a description of actions and commitments that
Federal, State, tribal, and local governments, private
organizations, and citizens plan to take to protect, enhance,
interpret, fund, manage, and develop the natural, historic,
cultural, scenic, and recreational resources of the Heritage
Area;
(3) specify existing and potential sources of funding or
economic development strategies to protect, enhance, interpret,
fund, manage, and develop the Heritage Area;
(4) include an inventory of the natural, historic, cultural,
educational, scenic, and recreational resources of the Heritage
Area relating to the stories and themes of the region that
should be protected, enhanced, interpreted, managed, funded,
and developed;
(5) recommend policies and strategies for resource management
including, the development of intergovernmental and interagency
agreements to protect, enhance, interpret, fund, manage, and
develop the natural, historic, cultural, educational, scenic,
and recreational resources of the Heritage Area;
(6) describe a program for implementation of the management
plan, including--
(A) performance goals;
(B) plans for resource protection, enhancement,
interpretation, funding, management, and development;
and
(C) specific commitments for implementation that have
been made by the local coordinating entity or any
Federal, State, tribal, or local government,
organization, business, or individual;
(7) include an analysis of, and recommendations for, means by
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 subtitle; and
(8) 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 subtitle 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) Consultation required.--The Secretary shall consult with
the Governor of the State and any tribal government in which
the Heritage Area is located before approving the management
plan.
(3) 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--
(i) has afforded adequate opportunity for
public and Federal, State, tribal, and local
governmental involvement (including through
workshops and public meetings) in the
preparation of the management plan; and
(ii) provides for at least semiannual public
meetings to ensure adequate implementation of
the management plan;
(C) the resource protection, enhancement,
interpretation, funding, management, and development
strategies described in the management plan, if
implemented, would adequately protect, enhance,
interpret, fund, manage, and develop the natural,
historic, cultural, scenic, and recreational resources
of the Heritage Area;
(D) the management plan would not adversely affect
any activities authorized on Federal or tribal land
under applicable public land 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;
(F) the local coordinating entity has demonstrated
the financial capability, in partnership with others,
to carry out the management plan; and
(G) the management plan demonstrates partnerships
among the local coordinating entity, Federal, State,
tribal, and local governments, regional planning
organizations, nonprofit organizations, or private
sector parties for implementation of the management
plan.
(4) 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.
(5) 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 subtitle to implement an amendment
to the management plan until the Secretary approves the
amendment.
SEC. 1206. 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).
(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 1210, 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
subtitle 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 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. 1207. RELATIONSHIP TO OTHER FEDERAL AGENCIES.
(a) In General.--Nothing in this subtitle 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 subtitle--
(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. 1208. PROPERTY OWNERS AND REGULATORY PROTECTIONS.
Nothing in this subtitle--
(1) abridges the rights of any owner of public or private
property, including the right to refrain from participating in
any plan, project, program, or activity conducted within the
Heritage Area;
(2) requires any property owner to--
(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 State to manage fish and
wildlife, including the regulation of fishing and hunting
within the Heritage Area; or
(7) creates any liability, or affects any liability under any
other law, of any private property owner with respect to any
person injured on the private property.
SEC. 1209. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to carry out
this subtitle $10,000,000, of which not more than $1,000,000 may be
made available for 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 subtitle 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. 1210. TERMINATION OF FINANCIAL ASSISTANCE.
The authority of the Secretary to provide financial assistance under
this subtitle terminates on the date that is 15 years after the date of
enactment of this Act.
TITLE II--STUDY
SEC. 2001. NORTHERN NECK NATIONAL HERITAGE AREA STUDY.
(a) Definitions.--In this section:
(1) Proposed heritage area.--The term ``proposed Heritage
Area'' means the proposed Northern Neck National Heritage Area.
(2) State.--The term ``State'' means the State of Virginia.
(3) Study area.--The term ``study area'' means the area that
is comprised of--
(A) the area of land located between the Potomac and
Rappahannock rivers of the eastern coastal region of
the State;
(B) Westmoreland, Northumberland, Richmond, King
George, and Lancaster Counties of the State; and
(C) any other area that--
(i) has heritage aspects that are similar to
the heritage aspects of the areas described in
subparagraph (A) or (B); and
(ii) is located adjacent to, or in the
vicinity of, those areas.
(b) Study.--
(1) In general.--In accordance with paragraphs (2) and (3),
the Secretary, in consultation with appropriate State historic
preservation officers, State historical societies, and other
appropriate organizations, shall conduct a study to determine
the suitability and feasibility of designating the study area
as the Northern Neck National Heritage Area.
(2) Requirements.--The study shall include analysis,
documentation, and determinations on whether the study area--
(A) has an assemblage of natural, historical,
cultural, educational, scenic, or recreational
resources that together are nationally important to the
heritage of the United States;
(B) represents distinctive aspects of the heritage of
the United States worthy of recognition, conservation,
interpretation, and continuing use;
(C) is best managed as such an assemblage through
partnerships among public and private entities at the
local or regional level;
(D) reflects traditions, customs, beliefs, and
folklife that are a valuable part of the heritage of
the United States;
(E) provides outstanding opportunities to conserve
natural, historical, cultural, or scenic features;
(F) provides outstanding recreational or educational
opportunities;
(G) contains resources and has traditional uses that
have national importance;
(H) includes residents, business interests, nonprofit
organizations, and appropriate Federal agencies and
State and local governments that are involved in the
planning of, and have demonstrated significant support
for, the designation and management of the proposed
Heritage Area;
(I) has a proposed local coordinating entity that is
responsible for preparing and implementing the
management plan developed for the proposed Heritage
Area;
(J) with respect to the designation of the study
area, has the support of the proposed local
coordinating entity and appropriate Federal agencies
and State and local governments, each of which has
documented the commitment of the entity to work in
partnership with each other entity to protect, enhance,
interpret, fund, manage, and develop the resources
located in the study area;
(K) through the proposed local coordinating entity,
has developed a conceptual financial plan that outlines
the roles of all participants (including the Federal
Government) in the management of the proposed Heritage
Area;
(L) has a proposal that is consistent with continued
economic activity within the area; and
(M) has a conceptual boundary map that is supported
by the public and appropriate Federal agencies.
(3) Additional consultation requirement.--In conducting the
study under paragraph (1), the Secretary shall--
(A) consult with the managers of any Federal land
located within the study area; and
(B) before making any determination with respect to
the designation of the study area, secure the
concurrence of each manager with respect to each
finding of the study.
(c) Determination.--
(1) In general.--The Secretary, in consultation with the
Governor of the State, shall review, comment on, and determine
if the study area meets each requirement described in
subsection (b)(2) for designation as a national heritage area.
(2) Report.--
(A) In general.--Not later than 3 fiscal years after
the date on which funds are first made available to
carry out the study, the Secretary shall submit a
report describing the findings, conclusions, and
recommendations of the study to--
(i) the Committee on Energy and Natural
Resources of the Senate; and
(ii) the Committee on Natural Resources of
the House of Representatives.
(B) Requirements.--
(i) In general.--The report shall contain--
(I) any comments that the Secretary
has received from the Governor of the
State relating to the designation of
the study area as a national heritage
area; and
(II) a finding as to whether the
study area meets each requirement
described in subsection (b)(2) for
designation as a national heritage
area.
(ii) Disapproval.--If the Secretary
determines that the study area does not meet
any requirement described in subsection (b)(2)
for designation as a national heritage area,
the Secretary shall include in the report a
description of each reason for the
determination.
TITLE III--TECHNICAL AMENDMENTS
SEC. 3001. ERIE CANALWAY NATIONAL HERITAGE CORRIDOR TECHNICAL
CORRECTIONS.
The Erie Canalway National Heritage Corridor Act (16 U.S.C. 461 note;
Public Law 106-554) is amended--
(1) in section 804--
(A) in subsection (b)--
(i) in the matter preceding paragraph (1), by
striking ``27'' and inserting ``at least 21
members, but not more than 27'';
(ii) in paragraph (2), by striking
``Environment'' and inserting
``Environmental''; and
(iii) in paragraph (3)--
(I) in the matter preceding
subparagraph (A), by striking ``19'';
(II) by striking subparagraph (A);
(III) by redesignating subparagraphs
(B) and (C) as subparagraphs (A) and
(B), respectively;
(IV) in subparagraph (B) (as
redesignated by subclause (III)), by
striking the second sentence; and
(V) by inserting after subparagraph
(B) (as redesignated by subclause
(III)) the following:
``(C) The remaining members shall be--
``(i) appointed by the Secretary, based on
recommendations from each member of the House
of Representatives, the district of which
encompasses the Corridor; and
``(ii) persons that are residents of, or
employed within, the applicable congressional
districts.'';
(B) in subsection (f), by striking ``Fourteen members
of the Commission'' and inserting ``A majority of the
serving Commissioners'';
(C) in subsection (g), by striking ``14 of its
members'' and inserting ``a majority of the serving
Commissioners'';
(D) in subsection (h), by striking paragraph (4) and
inserting the following:
``(4)(A) to appoint any staff that may be necessary to carry
out the duties of the Commission, subject to the provisions of
title 5, United States Code, relating to appointments in the
competitive service; and
``(B) to fix the compensation of the staff, in accordance
with the provisions of chapter 51 and subchapter III of chapter
53 of title 5, United States Code, relating to the
classification of positions and General Schedule pay rates;'';
and
(E) in subsection (j), by striking ``10 years'' and
inserting ``15 years'';
(2) in section 807--
(A) in subsection (e), by striking ``with regard to
the preparation and approval of the Canalway Plan'';
and
(B) by adding at the end the following:
``(f) Operational Assistance.--Subject to the availability of
appropriations, the Superintendent of Saratoga National Historical Park
may, on request, provide to public and private organizations in the
Corridor (including the Commission) any operational assistance that is
appropriate to assist with the implementation of the Canalway Plan.'';
and
(3) in section 810(a)(1), in the first sentence, by striking
``any fiscal year'' and inserting ``any fiscal year, to remain
available until expended''.
SEC. 3002. JOHN H. CHAFEE BLACKSTONE RIVER VALLEY NATIONAL HERITAGE
CORRIDOR.
Section 3(b)(2) of Public Law 99-647 (16 U.S.C. 461 note; 100 Stat.
3626, 120 Stat. 1857) is amended--
(1) by striking ``shall be the the'' and inserting ``shall be
the''; and
(2) by striking ``Directors from Massachusetts and Rhode
Island;'' and inserting ``Directors from Massachusetts and
Rhode Island, ex officio, or their delegates;''.
Purpose
The purposes of H.R. 1483, as ordered reported, are to
establish the Muscle Shoals National Heritage Area in the State
of Alabama, and the Santa Cruz Valley National Heritage Area in
the State of Arizona; to authorize a study of a potential
Northern Neck National Heritage Area in the Commonwealth of
Virginia; and to make technical and clarifying amendments to
the Erie Canalway National Heritage Corridor in the State of
New York and the John H. Chafee Blackstone River Valley
National Heritage Corridor in the State of Rhode Island and the
Commonwealth of Massachusetts.
Background and Need
As ordered reported, H.R. 1483 includes authorizations for
two new national heritage areas, the Muscle Shoals National
Heritage Area in Alabama and the Santa Cruz Valley National
Heritage Corridor in Arizona. The bill also authorizes a study
of the Northern Neck region in northern Virginia to determine
whether the area is appropriate for national heritage area
designation, and makes technical and clarifying changes to two
national heritage corridors.
The Muscle Shoals National Heritage Area would include six
counties in northwestern Alabama. The area is named after the
Muscle Shoals of the Tennessee River, noted for its historic
navigation hazards due to treacherous shoals. The completion of
the Wilson Dam in 1925 created a lake over the shoals, and the
facilities were transferred to the Tennessee Valley Authority
upon its establishment in 1933. As a result, Muscle Shoals is
generally considered the birthplace of the TVA. The proposed
heritage area also includes several antebellum homes and other
examples of early American architecture, and includes many
historically significant towns and cities.
The Santa Cruz Valley National Heritage Area encompasses
over 3,300 square miles of the upper and middle Santa Cruz
River watershed and the upper Sonoran Desert. The heritage area
includes the city of Tucson and two National Park System units,
Saguaro National Park and Tumacacori National Historical Park.
The Juan Bautista de Anza National Historic Trail also crosses
through the area. The area is home to abundant wildlife,
including over 200 migratory bird species. The Santa Cruz
Valley has a rich cultural heritage, and still contains 18th
Century Spanish Missions. Spanish cultural traditions still
play a prominent role in the area's identity.
The study of the proposed Northern Neck National Heritage
Area includes a part of Virginia between the Potomac and
Rappahannock Rivers. The Northern Neck of Virginia was
described by George Washington as ``the Garden of Virginia.''
The Northern Neck region was the birthplace of our first
President, and of James Madison, the fourth President, and
James Monroe, the fifth. The region includes the George
Washington Birthplace National Monument.
Legislative History
H.R. 1483, sponsored by Representative Regula, passed the
House of Representatives by a vote of 291-122 on October 24,
2007. The Subcommittee on National Parks held a hearing on H.R.
1483 on April 23, 2008.
At its business meeting on May 7, 2008, the Committee on
Energy and Natural Resources ordered H.R. 3332 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 H.R. 1483, if amended
as described herein.
Committee Amendment
During the consideration of H.R. 1483, the Committee
adopted an amendment in the nature of a substitute. As passed
by the House of Representatives, H.R. 1483 authorized the
establishment of six new National Heritage Areas, the study of
one new area, and technical amendments and extensions of
authorizations for several other areas. Three of those areas,
the Journey Through Hallowed Ground National Heritage Area, the
Niagara Falls National Heritage Area, and the Abraham Lincoln
National Heritage Area, as well as the extension of
authorizations and several of the technical amendments, were
also included in S. 2739, which was signed into law on May 8,
2008 (Public Law 110-229). The substitute amendment removes
those provisions from H.R. 1483 that have now been signed into
law. With respect to the remaining areas included in the
amendment, the amendment removes the findings and makes other
conforming amendments so that the authorization for the
heritage areas is consistent with other heritage 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 ``Celebrating
America's Heritage Act''.
Section 2 contains the table of contents.
Section 3 defines the term ``Secretary'' to mean the
Secretary of the Interior.
Title I--National Heritage Area Designations
Subtitle A--Muscle Shoals National Heritage Area
Section 1101 describes the purposes of the subtitle.
Section 1102 defines key terms used in the subtitle.
Section 1103(a) establishes the Muscle Shoals National
Heritage Area (``heritage area'') in the State of Alabama.
Subsection (b) describes the boundaries of the heritage
area as depicted on the referenced map.
Subsection (c) states that a map of the heritage area shall
be on file and available for public inspection in the
appropriate offices of the National Park Service and the local
coordinating entity.
Subsection (d) designates the Muscle Shoals Regional Center
as the local coordinating entity for the heritage area.
Section 1104(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
any real property or interest therein.
Section 1105(a) requires the local coordinating entity to
prepare and submit for review a management plan to the
Secretary not 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 of the management plan within six months after the
receiving the plan and lists the criteria the Secretary is to
consider in determining whether to approve or disapprove the
plan.
Section 1106(a) authorizes the Secretary 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 1107(a) states nothing in 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 any 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 local coordinating entity to the maximum
extent possible.
Subsection (c) clarifies that nothing in this Act shall
modify any use or law authorizing a Federal agency to manage
Federal land under the jurisdiction of the Federal agency and
it limits the discretion of a Federal land manager to implement
an approved land use plan within the boundaries of the Heritage
area.
Section 1108 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 1109(a) authorizes the total appropriations of $10
million, with not more than $1 million authorized to be
appropriated for any fiscal year.
Subsection (b) states amounts made available under
subsection (a) shall remain available until expended.
Subsection (c) requires Federal funding to be matched on a
50:50 basis with funds from non-Federal sources.
Section 1110 provides that the authority of the Secretary
to provide financial assistance under the Act terminates 15
years after the date of enactment.
Subtitle B--Santa Cruz Valley National Heritage Area
Section 1201 describes the purposes of the subtitle.
Section 1202 defines key terms used in the subtitle.
Section 1203(a) establishes the Santa Cruz Valley National
Heritage Area (``heritage area'') in the State of Arizona.
Subsection (b) describes the boundaries of the heritage
area as depicted on the referenced map.
Subsection (c) states that a map of the heritage area shall
be on file and available for public inspection in appropriate
offices of the National Park Service and the local coordinating
entity.
Subsection (d) designates the Santa Cruz Valley Heritage
Alliance, Inc. as the local coordinating entity for the
heritage area.
Section 1204(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
any real property or interest therein.
Subsection (d) states that nothing in this subtitle
precludes the local coordinating entity from using Federal
funds from other sources for authorized purposes.
Section 1205(a) requires the local coordinating entity to
prepare and submit for review a management plan to the
Secretary not 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 of the management plan within six months after the
receiving the plan and lists the criteria the Secretary is to
consider in determining whether to approve or disapprove the
plan.
Section 1206(a) authorizes the Secretary 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 1207(a) states nothing in 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 any 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 local coordinating entity to the maximum
extent possible.
Subsection (c) clarifies that nothing in this Act shall
modify any use or law authorizing a Federal agency to manage
Federal land under the jurisdiction of the Federal agency and
it limits the discretion of a Federal land manager to implement
an approved land use plan within the boundaries of the Heritage
area.
Section 1208 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 1209(a) authorizes the total appropriations of $10
million, with not more than $1 million authorized to be
appropriated for any fiscal year.
Subsection (b) states amounts made available under
subsection (a) shall remain available until expended.
Subsection (c) requires Federal funding to be matched on a
50:50 basis with funds from non-Federal sources.
Section 1210 provides that the authority of the Secretary
to provide financial assistance under the Act terminates 15
years after the date of enactment.
Title II--Northern Neck National Heritage Area Study
Section 2001(a) defines key terms used in this title.
Subsection (b) directs the Secretary of the Interior, in
consultation with appropriate State, local, and private
organizations, to prepare a study of the Northern Neck region
in northern Virginia to determine its suitability for
designation as a National Heritage Area. The subsection also
provides specific requirements of the study, including
consultation with other federal land managers within the study
area.
Subsection (c) directs the Secretary, in consultation with
the Governor of Virginia, to review, comment on, and determine
if the study area meets each requirement for designation as a
National Heritage Area. Not later than 3 fiscal years after the
date on which funds are first made available to carry out the
study, the Secretary shall submit a report describing the
findings, conclusions, and recommendations of the study. If the
Secretary determines that the study area does not meet any
requirement for designation as a National Heritage Area, the
Secretary shall include in the report a description of each
reason for the determination.
Title III--Technical Amendments
Section 3001 makes technical, clarifying, and conforming
amendments to the Erie Canalway National Heritage Corridor Act
(16 U.S.C. 461 note; Public Law 106-554).
Section 3002 makes technical, clarifying, and conforming
amendments to the John H. Chafee Blackstone River Valley
National Heritage Corridor Act (16 U.S.C. 461 note; Public Law
99-647)
Cost and Budgetary Considerations
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
H.R. 1483--Celebrating America's Heritage Act
H.R. 1483 would establish the Muscle Shoals National
Heritage Area (NHA) in Alabama and the Santa Cruz National
Heritage Area in Arizona. The legislation would designate local
nonprofit organizations as management entities for the proposed
NHA's and would authorize the appropriation of $10 million, not
to exceed $1 million annually, for financial assistance to each
of the nonprofits and other eligible local entities over the
next 15 years.
CBO estimates that implementing H.R. 1483 would cost $10
million over the 2009-2013 period and an additional $10 million
after 2013. Enacting the legislation would have no effect on
direct spending or revenues.
H.R. 1483 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 as ordered reported by the House Committee on Natural
Resources on September 26, 2007. Although both versions would
create the Muscle Shoals and Santa Cruz NHAs, the estimated
cost of the House version is much higher than that of the
Senate version because the House version would also establish
several other NHAs and increase the ceiling on authorizations
of appropriations for nine existing NHAs.
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 H.R. 1483. The Act 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 H.R. 1483, as ordered reported.
Congressionally Directed Spending
H.R. 1483, as reported, does not contain any
congressionally directed spending items, limited tax benefits,
or limited tariff benefits as defined by rule XLIV of the
Standing Rules of the Senate.
Executive Communications
The testimony provided by the National Park Service at the
April 23, 2008 hearing on H.R. 1483 follows:
Statement of Daniel N. Wenk, Deputy Director, National Park Service,
Department of the Interior
Mr. Chairman, thank you for the opportunity to appear
before your committee to present the views of the Department of
the Interior on H.R. 1483, as passed by the House, to amend the
Omnibus Parks and Public Lands Management Act of 1996 to extend
the authorization for certain national heritage areas, and for
other purposes. The committee has asked us to only address
specific sections contained within Title II through VI in our
testimony. We should note, however, that the Department
testified on May 15, 2007, in opposition to the sections in
Title I that extend the authorization for federal funding for
nine established National Heritage Areas. The Department has
also cited concerns or recommended the committee defer action
on other provisions included in H.R. 1483.
H.R. 1483, the Celebrating America's Heritage Act as passed
by the House, has six titles related to National Heritage
Areas. The Department will present its position on each of the
specific sections within each of the five titles as requested
by the committee.
Title II, Subtitle C would establish the Muscle Shoals
National Heritage Area in the counties of Colbert, Franklin,
Lauderdale, Lawrence, Limestone, and Morgan in northwestern
Alabama, and would designate the Muscle Shoals Regional Center
as the local coordinating entity responsible for developing and
implementing the management plan for the heritage area. The
National Park Service is in the process of conducting a
feasibility study, authorized by Public Law 107-348, to
determine the suitability and feasibility of establishing this
region as a National Heritage Area. We expect to complete the
study later this year, at which time we will provide a
recommendation on the suitability and feasibility of
establishing the Muscle Shoals National Heritage Area. Until
the study is completed, it would be premature to state a
position on its designation as contained in this subtitle, so
we recommend that the committee defer action on this provision.
Title II, Subtitle D would establish the Freedom's Way
National Heritage Area that includes 37 Massachusetts and 8 New
Hampshire communities northwest of Boston. 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. Its natural
and community resources are exceptional examples of the rural
beauty of the New England landscape.
A feasibility study and addendum was completed by the
proposed management entity, the Freedom's Way Heritage
Association, Inc., and reviewed by the National Park Service.
The study found that the area met the criteria for designation
as a National Heritage Area. However, the Department recommends
that the committee defer action on this area 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. The
National Heritage Areas Partnership Act, S. 278, was introduced
during the 110th Congress and it incorporated the majority of
the provisions of the Administration's proposal. 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 work toward self-sufficiency by outlining the
necessary steps, including appropriate planning, to achieve
that shared goal.
Title II, Subtitle F would establish the Santa Cruz Valley
National Heritage Area in southern Arizona, managed by the
Santa Cruz Valley Heritage Alliance Inc. The proposed Santa
Cruz Valley National Heritage Area encompasses approximately
3,300 square miles of the upper and middle Santa Cruz River
watershed and the upper Sonoran Desert. It includes two units
of the National Park System, Tumacacori National Historical
Park which preserves a Spanish Colonial Mission, and Saguaro
National Park which protects a diverse and picturesque area of
the Sonoran Desert. The Juan Baptista de Anza National Historic
Trail also crosses the heritage area's boundary. Both the
Bureau of Land Management and the U.S. Forest Service manage
extensive land within the proposed national heritage area.
A feasibility study was completed by the Center for Desert
Archaeology and reviewed by the National Park Service. The
study found that the area met the criteria for designation as a
national heritage area. However, the Department recommends that
the committee defer action on this area 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.
Title III, Section 3001 would direct the Secretary of the
Interior, in consultation with appropriate State historic
preservation officers, State historical societies, and other
appropriate organizations, to conduct a study of the
suitability and feasibility of establishing the Northern Neck
National Heritage Area in the Commonwealth of Virginia to
evaluate if it meets the criteria for heritage area
designation. The Secretary would be required to submit a report
to Congress, no later than three years after funds are made
available, on the findings, conclusions, and recommendations of
the study. The Department supports enactment of this title,
however, we believe that any funding requested should be
directed first toward completing previously authorized studies.
Title IV, Section 4006 would amend the Erie Canalway
National Heritage Corridor Act (Title VIII of Appendix D of
Public Law 106-554) with several changes to improve the
operation of the federal commission. The Department supports
these amendments.
Title V, Section 5001 states that it is the sense of
Congress that the Federal Government should not fund a national
heritage area in perpetuity. As outlined in the
Administration's legislative proposal, and as included in S.
278 as reported by the Senate Energy and Natural Resources
Committee, it is our expectation that heritage areas should
work toward self-sufficiency with federal funding through the
National Park Service limited to a 15-year period. The
Department concurs with this provision.
Title VI, Section 6001 states that all designated and
future designated lands within any natural heritage area for
which funding is provided under this Act shall be exclusively
governed by relevant State and local laws regarding hunting,
fishing, and the possession or use of a weapon, trap, or net.
Relevant State and local laws already apply to lands within a
national heritage area and the majority of recently designated
heritage areas include a provision in the authorizing
legislation that state that nothing in a heritage area's
designation diminishes the authority of the State to manage
fish and wildlife including the regulation of fishing and
hunting within the heritage area. However, the Department is
concerned that there are federal lands within national heritage
areas, including units of the National Park System, that do not
allow hunting, fishing, trapping, or other wildlife harvesting
activities. Under Departmental regulations, the National Park
Service is already required to consult with State agencies on
certain fish and wildlife management actions within national
park units. We would recommend that the section be amended to
exempt federal lands within national heritage areas from this
requirement and we recommend that the reference be changed to
``national'' heritage areas to reflect the correct name of
these areas.
Finally, we would like to work with the committee on
amending this bill to include an additional title that would
make a technical amendment to the John H. Chafee Blackstone
River Valley National Heritage Corridor Act (Public Law 99-647)
to allow ex officio or delegates of commission members to
attend commission meetings on behalf of the State officials who
sit on the commission. This is a standard provision in most
recently established federal commissions, but was not included
in the Act establishing the John H. Chafee Blackstone River
Valley National Heritage Corridor, and this oversight has
hampered the work of the commission.
Mr. Chairman, that concludes my testimony and I am prepared
to answer any questions that you or other members of the
committee might have at this time.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the Act H.R. 1483 as ordered reported, are shown as follows
(existing law proposed to be omitted is enclosed in black
brackets, new matter is printed in italic, existing law in
which no change is proposed is shown in roman):
A.
Public Law 106-554 (Approved Dec. 21, 2000)
AN ACT Making consolidated appropriations for the fiscal year ending
September 30, 2001, and for other purposes
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
Section 1. (a) The provisions of the following bills of the
106th Congress are hereby enacted into law:
(1) H.R. 5656, as introduced on December 14, 2000.
(2) H.R. 5657, as introduced on December 14, 2000.
(3) H.R. 5658, as introduced on December 14, 2000.
(4) H.R. 5666, as introduced on December 15, 2000,
except that the text of H.R. 5666, as so enacted, shall
not include section 123 (relating to the enactment of
H.R. 4904).
(5) H.R. 5660, as introduced on December 14, 2000.
(6) H.R. 5661, as introduced on December 14, 2000.
(7) H.R. 5662, as introduced on December 14, 2000.
(8) H.R. 5663, as introduced on December 14, 2000.
(9) H.R. 5667, as introduced on December 15, 2000.
* * * * * * *
Appendix D--H.R. 5666
* * * * * * *
Division B
* * * * * * *
[114 STAT. 2763A-295]
TITLE VIII--ERIE CANALWAY NATIONAL HERITAGE CORRIDOR
SEC. 801. SHORT TITLE; DEFINITIONS.
(a) Short Title.--This title may be cited as the ``Erie
Canalway National Heritage Corridor Act''.
* * * * * * *
SEC. 804. ERIE CANALWAY NATIONAL HERITAGE CORRIDOR COMMISSION.
(a) Establishment.--There is established the Erie Canalway
National Heritage Corridor Commission. The purpose of the
Commission shall be--
(1) to work with Federal, State, and local
authorities to develop and implement the Canalway Plan;
and
(2) to foster the integration of canal-related
historical, cultural, recreational, scenic, economic
and community development initiatives within the
Corridor.
(b) Membership.--The Commission shall be composed of [27]
at least 21 members, but not more than 27 members as follows:
(1) The Secretary of the Interior, ex-officio or the
Secretary's designee.
(2) 7 members, appointed by the Secretary after
consideration of recommendations submitted by the
Governor and other appropriate officials, with
knowledge and experience of the following agencies or
those agencies' successors: The New York State
Secretary of State, the New York State Department of
[Environment] Environmental Conservation, the New York
State Office of Parks, Recreation and Historic
Preservation, the New York State Department of
Agriculture and Markets, the New York State Department
of Transportation, and the New York State Canal
Corporation, and the Empire State Development
Corporation.
(3) The remaining [19] members who reside within the
Corridor and are geographically dispersed throughout
the Corridor shall be from local governments and the
private sector with knowledge of tourism, economic and
community development, regional planning, historic
preservation, cultural or natural resource management,
conservation, recreation, and education or museum
services. These members will be appointed by the
Secretary as follows--
[(A) 11 members based on a recommendation
from each member of the United States House of
Representatives whose district shall encompass
the Corridor. Each shall be a resident of the
district from which they shall be recommended.]
[(B)] (A) 2 members based on a recommendation
from each United States Senator from New York
State.
[(C)] (B) 6 members who shall be residents of
any county constituting the Corridor. [One such
member shall have knowledge and experience of
the Canal Recreationway Commission.]
(C) The remaining members shall be--
(i) appointed by the Secretary, based
on recommendations from each member of
the House of Representatives, the
district of which encompasses the
Corridor; and (ii) persons that are
residents of, or employed within, the
applicable congressional districts.
(c) Appointments and Vacancies.--Members of the Commission
other than ex-officio members shall be appointed for terms of 3
years. Of the original appointments, 6 shall be for a term of 1
year, 6 shall be for a term of 2 years and 7 shall be for a
term of 3 years. Any member of the Commission appointed for a
definite term may serve after expiration of the term until the
successor of the member is appointed. Any member appointed to
fill a vacancy shall serve for the remainder of the term for
which the predecessor was appointed. Any vacancy on the
Commission shall be filled in the same manner in which the
original appointment was made.
(d) Compensation.--Members of the Commission shall receive
no compensation for their service on the Commission. Members of
the Commission, other than employees of the State and Canal
Corporation, while away from their homes or regular places of
business to perform services for the Commission, shall be
allowed travel expenses, including per diem in lieu of
subsistence, in the same manner as persons employed
intermittently in Government service are allowed under section
5703 of title 5, United States Code.
(e) Election of Officers.--The Commission shall elect the
chairperson and the vice chairperson on an annual basis. The
vice chairperson shall serve as the chairperson in the absence
of the chairperson.
(f) Quorum and Voting.--[14 members of the Commission] A
majority of the serving Commissioners shall constitute a quorum
but a lesser number may hold hearings. Any member of the
Commission may vote by means of a signed proxy exercised by
another member of the Commission, however, any member voting by
proxy shall not be considered present for purposes of
establishing a quorum. For the transaction of any business or
the exercise of any power of the Commission, the Commission
shall have the power to act by a majority vote of the members
present at any meeting at which a quorum is in attendance.
(g) Meetings.--The Commission shall meet at least quarterly
at the call of the chairperson or [14 of its members] a
majority of the serving Commissioners. Notice of Commission
meetings and agendas for the meeting shall be published in
local newspapers throughout the Corridor. Meetings of the
Commission shall be subject to section 552b of title 5, United
States Code (relating to open meetings).
(h) Powers of the Commission.--To the extent that Federal
funds are appropriated, the Commission is authorized--
(1) to procure temporary and intermittent services
and administrative facilities at rates determined to be
reasonable by the Commission to carry out the
responsibilities of the Commission;
(2) to request and accept the services of personnel
detailed from the State of New York or any political
subdivision, and to reimburse the State or political
subdivision for such services;
(3) to request and accept the services of any Federal
agency personnel, and to reimburse the Federal agency
for such services;
[(4) to appoint and fix the compensation of staff to
carry out its duties;]
(4)(A) to appoint any staff that may be necessary to
carry out the duties of the Commission, subject to the
provisions of title 5, United States Code, relating to
appointments in the competitive service; and
(B) to fix the compensation of the staff, in
accordance with the provisions of chapter 51 and
subchapter III of chapter 53 of title 5, United States
Code, relating to the classification of positions and
General Schedule pay rates;
(5) to enter into cooperative agreements with the
State of New York, with any political subdivision of
the State, or any person for the purposes of carrying
out the duties of the Commission;
(6) to make grants to assist in the preparation and
implementation of the Canalway Plan;
(7) to seek, accept, and dispose of gifts, bequests,
grants, or donations of money, personal property, or
services, received from any source. For purposes of
section 170(c) of the Internal Revenue Code of 1986,
any gift to the Commission shall be deemed to be a gift
to the United States;
(8) to assist others in developing educational,
informational, and interpretive programs and
facilities, and other such activities that may promote
the implementation of the Canalway Plan;
(9) to hold hearings, sit and act at such times and
places, take such testimony, and receive such evidence,
as the Commission may consider appropriate; the
Commission may not issue subpoenas or exercise any
subpoena authority;
(10) to use the United States mails in the same
manner as other departments or agencies of the United
States;
(11) to request and receive from the Administrator of
General Services, on a reimbursable basis, such
administrative support services as the Commission may
request; and
(12) to establish such advisory groups as the
Commission deems necessary.
(i) Acquisition of Property.--Except as provided for
leasing administrative facilities under subsection 804(h)(1),
the Commission may not acquire any real property or interest in
real property.
(j) Termination.--The Commission shall terminate on the day
occurring [10 years] 15 years after the date of the enactment
of this title.
* * * * * * *
SEC. 807. DUTIES OF THE SECRETARY.
(a) In General.--The Secretary is authorized to assist the
Commission in the preparation of the Canalway Plan.
(b) Technical Assistance.--Pursuant to an approved Canalway
Plan, the Secretary is authorized to enter into cooperative
agreements with, provide technical assistance to and award
grants to the Commission to provide for the preservation and
interpretation of the natural, cultural, historical,
recreational, and scenic resources of the Corridor, if
requested by the Commission.
(c) Early Actions.--Prior to approval of the Canalway Plan,
with the approval of the Commission, the Secretary may provide
technical and planning assistance for early actions that are
important to the purposes of this title and that protect and
preserve resources.
(d) Canalway Plan Implementation.--Upon approval of the
Canalway Plan, the Secretary is authorized to implement those
activities that the Canalway Plan has identified that are the
responsibility of the Secretary or agent of the Secretary to
undertake in the implementation of the Canalway Plan.
(e) Detail.--Each fiscal year during the existence of the
Commission and upon the request of the Commission, the
Secretary shall detail to the Commission, on a nonreimbursable
basis, 2 employees of the Department of the Interior to enable
the Commission to carry out the Commission's duties [with
regard to the preparation and approval of the Canalway Plan.]
Such detail shall be without interruption or loss of civil
service status, benefits, or privileges.
(f) Operational Assistance.--Subject to the availability of
appropriations, the Superintendent of Saratoga National
Historical Park may, on request, provide to public and private
organizations in the Corridor (including the Commission) any
operational assistance that is appropriate to assist with the
implementation of the Canalway Plan.
* * * * * * *
SEC. 810. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--
(1) Corridor.--There is authorized to be appropriated
for the Corridor not more than $1,000,000 for [any
fiscal year] any fiscal year, to remain available until
expended. Not more than a total of $10,000,000 may be
appropriated for the Corridor under this title.
(2) Matching requirement.--Federal funding provided
under this paragraph may not exceed 50 percent of the
total cost of any activity carried out with such funds.
The non-Federal share of such support may be in the
form of cash, services, or in-kind contributions,
fairly valued.
(b) Other Funding.--In addition to the sums authorized in
subsection (a), there are authorized to be appropriated to the
Secretary of the Interior such sums as are necessary for the
Secretary for planning and technical assistance.
* * * * * * *
B.
Public Law 99-647 (Approved November 10, 1986)
AN ACT To establish the Blackstone River Valley National Heritage
Corridor in Massachusetts and Rhode Island
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
* * * * * * *
SEC. 3 . BLACKSTONE RIVER VALLEY NATIONAL HERITAGE CORRIDOR COMMISSION.
(a) Establishment.--There is hereby established a
commission to be known as the Blackstone River Valley National
Heritage Corridor Commission (hereafter known as the
``Commission'') whose purpose shall be to assist Federal, State
and local authorities in the development and implementation of
an integrated resource management plan for those lands and
waters as specified in section 2.
(b) Membership.--The Commission shall be composed of
nineteen members appointed by the Secretary as follows:
(1) the Director of the National Park Service, ex
officio, or a delegate;
(2) six individuals nominated by the Governors of
Rhode Island and Massachusetts and appointed by the
Secretary, who [shall be the the] shall be the
Department of Environmental Management Directors from
Rhode Island and Massachusetts, the State Historic
Preservation Officers from Massachusetts and Rhode
Island, and the Department of Economic Development
[Directors from Massachusetts and Rhode Island]
Directors from Massachusetts or Rhode Island, ex
officio, or their delegates;
(3) four representatives of local government from
Massachusetts and four from Rhode Island nominated by
the Governor of their State and appointed by the
Secretary, to represent the interests of local
government; and
(4) two individuals, nominated by the Governor of
Massachusetts and two individuals nominated by the
Governor of Rhode Island appointed by the Secretary, to
represent other interests each Governor deems
appropriate. A vacancy in the Commission shall be
filled in the manner in which the original appointment
was made.
* * * * * * *
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