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H.R. 1785 (113th): Mountains to Sound Greenway National Heritage Area Act


The text of the bill below is as of Dec 22, 2014 (Reported by House Committee). The bill was not enacted into law.


IB

Union Calendar No. 523

113th CONGRESS

2d Session

H. R. 1785

[Report No. 113–692]

IN THE HOUSE OF REPRESENTATIVES

April 26, 2013

(for himself and Mr. Smith of Washington) introduced the following bill; which was referred to the Committee on Natural Resources

December 22, 2014

Additional sponsors: Mr. McDermott and Ms. DelBene

December 22, 2014

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed

Strike out all after the enacting clause and insert the part printed in italic

For text of introduced bill, see copy of bill as introduced on April 26, 2013


A BILL

To establish the Mountains to Sound Greenway National Heritage Area in the State of Washington, and for other purposes.


1.

Short title

This Act may be cited as the Mountains to Sound Greenway National Heritage Area Act .

2.

Definitions

In this Act:

(1)

Heritage area

The term Heritage Area means the Mountains to Sound Greenway National Heritage Area established in this Act.

(2)

Local coordinating entity

The term local coordinating entity means the entity selected by the Secretary under section 3(d).

(3)

Map

The term map means the map titled Mountains to Sound Greenway National Heritage Area Proposed Boundary, numbered 584/125,484 and dated January 31, 2011.

(4)

Secretary

The term Secretary means the Secretary of the Interior.

(5)

State

The term State means the State of Washington.

3.

Designation of the mountains to sound greenway national heritage area

(a)

Establishment

There is hereby established the Mountains to Sound Greenway National Heritage Area in the State, to consist of land in King and Kittitas counties in the State, as generally depicted on the map, unless the county commission of King or Kittitas county elects at any time to be excluded from the Heritage Area, in which case that county shall not be part of the Heritage Area.

(b)

Map

The map shall be on file and available to the public in the appropriate offices of the National Park Service, United States Forest Service, and the local coordinating entity.

(c)

Local coordinating entity

The Secretary shall select a local coordinating entity for the Heritage Area.

4.

Management plan

(a)

In general

Not later than 3 years after the date of the enactment of this Act and subject to subsection (b)(4), the local coordinating entity shall submit to the Secretary for approval a proposed management plan for the Heritage Area.

(b)

Requirements

The management plan shall—

(1)

incorporate an integrated and cooperative approach for the protection, enhancement, management, and interpretation of the natural, cultural, historic, scenic, and recreational resources of the Heritage Area;

(2)

take into consideration State government plans;

(3)

include—

(A)

an inventory of the resources of the Heritage Area;

(B)

an inventory of any other property in the Heritage Area that is related to the themes of the Heritage Area, and should be preserved, restored, managed or maintained because of the significance of the property;

(C)

comprehensive policies, strategies and recommendations for conservation, funding, management, and development of the Heritage Area;

(D)

a description of actions that governments, private organizations, and individuals have agreed to take to protect the natural, historical and cultural resources of the Heritage Area;

(E)

a program of implementation for the management plan by the local coordinating entity that includes a description of—

(i)

actions to facilitate ongoing collaboration among partners to promote plans for resource protection, restoration, and construction; and

(ii)

specific commitments for implementation that have been made by the local coordinating entity or any government, organization or individual for the first five years of operation;

(F)

analysis and recommendations for means by which Federal, State, and local programs, including the role of the National Park Service in the Heritage Area, may best be coordinated to carry out this Act;

(G)

an interpretative plan for the Heritage Area; and

(4)

be submitted to the county commissions of King and Kittitas counties in the State for approval by the commissions before the management plan is submitted to the Secretary, unless the county has elected not to be part of the Heritage Area.

(c)

Approval or disapproval of management plan

(1)

Review

Not later than 180 days after receiving the management plan for the Heritage Area, the Secretary shall review and, in consultation with the Secretary of Agriculture and State, approve or disapprove the management plan on the basis of the criteria established under paragraph (2).

(2)

Criteria for approval

In determining whether to approve a management plan for a Heritage Area, the Secretary shall consider whether—

(A)

the local coordinating entity represents the diverse interests of the Heritage Area, including governments, natural and historic resource protection organizations, educational institutions, businesses, recreational organizations, and private property owners;

(B)

the local coordinating entity has afforded adequate opportunity, including public hearings, for the public and Federal, State, tribal, and local governmental involvement in the preparation of the management plan; and

(C)

the resource protection and interpretation strategies contained in the management plan, if implemented, would adequately protect the natural, historical, and cultural resources of the Heritage Area.

(d)

Disapproval

(1)

In general

If the Secretary disapproves the management plan, the Secretary shall—

(A)

advise the local coordinating entity in writing of the reasons for the disapproval; and

(B)

make recommendations to the local coordinating entity for revisions to the management plan.

(2)

Deadline

Not later than 180 days after receiving a revised management plan, the Secretary shall approve or disapprove the revised management plan.

(e)

Amendments

(1)

In general

An amendment to the management plan that substantially changes the management plan shall be reviewed by the Secretary and approved or disapproved in the same manner as the original management plan.

(2)

County review and approval

No amendment may be submitted to the Secretary under paragraph (1) until and unless the amendment is first reviewed and approved by the county commissions for King and Kittitas counties in the State (unless that county has elected not to be part of the Heritage Area).

(3)

Implementation

The local coordinating entity shall not implement an amendment to the management plan until the Secretary approves the amendment.

(f)

Authorities

The Secretary may provide technical assistance to the State, political subdivisions of the State, nonprofit organizations, and other interested parties.

5.

Evaluation; reporting

(a)

In general

Not later than 10 years after the enactment of this Act, the Secretary, in consultation with the Secretary of Agriculture, shall—

(1)

conduct an evaluation of the accomplishments of the Heritage Area; and

(2)

prepare and submit a report pursuant to subsection (c).

(b)

Evaluation

An evaluation conducted under this subsection shall—

(1)

assess the progress of the local coordinating entity with respect to—

(A)

accomplishing the purposes of the authorizing legislation for the Heritage Area; and

(B)

achieving the goals and objectives of the approved management plan for the Heritage Area;

(2)

analyze the Federal, State, tribal, local, and private investments in the Heritage Area to determine the impact of the investments; and

(3)

review the management structure, partnership relationships, and funding of the Heritage Area for purposes of identifying the critical components for sustainability of the Heritage Area.

(c)

Report

Based on the evaluation conducted under subsection (b), the Secretary shall submit a report to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. The report shall include recommendations for the future role of the National Park Service with respect to the Heritage Area.

6.

Local coordinating entity

(a)

Duties

To further the purposes of the Heritage Area, the local coordinating entity shall—

(1)

prepare and submit a management plan for the Heritage Area to the Secretary in accordance with section 4;

(2)

submit a report to the Secretary every five years after the Secretary has approved the management plan, specifying—

(A)

the expenses and income of the local coordinating entity; and

(B)

significant grants or contracts made by the local coordinating entity to any other entities during the five-year period.

(b)

Authorities

To further the purposes of the Heritage Area, the local coordinating entity may—

(1)

make grants to the State, or a political subdivision of the State, nonprofit organizations, and other parties within the National Heritage Area;

(2)

enter into cooperative agreements with or provide technical assistance to political jurisdictions, nonprofit organizations, Federal agencies, and other interested parties;

(3)

hire and compensate staff, which shall include individuals with expertise in natural, cultural, and historical resources protection, heritage programming, and economic and community development;

(4)

obtain funds or services that are provided under any Federal law or program not specifically applicable to national heritage areas;

(5)

contract for goods or services;

(6)

support activities that further the Heritage Area and are consistent with the approved management plan;

(7)

assist units of local government, regional planning organizations, and nonprofit organizations in carrying out the approved management plan by—

(A)

carrying out programs and projects that recognize, protect, and enhance important resource values in the Heritage Area;

(B)

establishing and maintaining interpretative exhibits and programs in the Heritage Area;

(C)

developing recreational and educational opportunities in the Heritage Area;

(D)

increasing public awareness of, and appreciation for, natural, historical, scenic, and cultural resources of the Heritage Area;

(E)

protecting and restoring historic sites and buildings in the Heritage Area that are consistent with the Heritage Area themes;

(F)

ensuring that clear, consistent, and appropriate signs identifying points of public access and sites of interest are posted throughout the Heritage Area; and

(G)

promoting a wide range of partnerships among governments, organizations, and individuals to further the Heritage Area;

(8)

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;

(9)

conduct meetings open to the public at least semiannually regarding the development and implementation of the management plan;

(10)

for any year that Federal funds have been received by the local coordinating entity—

(A)

submit to the Secretary an annual report that describes the activities, expenses, and income of the local coordinating entity (including grants to any other entities during the year that the report is made);

(B)

make available to the Secretary for audit all records relating to the expenditure of the funds and any matching funds; and

(C)

require, with respect to all agreements authorizing expenditure of Federal funds by other organizations, that the organizations receiving the funds make available to the Secretary for audit all records concerning the expenditure of the funds; and

(11)

encourage by appropriate means economic vitality that is consistent with the Heritage Area.

(c)

Prohibition on acquisition of real property

The local coordinating entity may not acquire real property or interests in real property with Federal funds or through condemnation.

7.

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

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 Act—

(1)

modifies, alters, or amends any law or regulation authorizing a Federal agency to manage Federal land under the jurisdiction of the Federal agency;

(2)

limits the discretion of a Federal land manager to implement an approved land use plan within the boundaries of the Heritage Area; or

(3)

modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal agency.

8.

Private property and regulatory protections

Nothing in this Act—

(1)

abridges the rights of any property owner (whether public or private), including the right to refrain from participating in any plan, project, program, or activity conducted within the Heritage Area;

(2)

requires any property owner to permit public access (including access by Federal, State, tribal, or local agencies) to the property of the property owner, or to modify public access or use of property of the property owner under any other Federal, State, tribal, or local law;

(3)

alters any duly adopted land use regulation, approved land use plan, or other regulatory authority (such as the authority to make safety improvements or increase the capacity of existing roads or to construct new roads or associated developments) of any Federal, State, tribal, local unit of government or local agency, or conveys any land use or other regulatory authority to any local coordinating entity, including but not necessarily limited to development and management of energy, water or water-related infrastructure;

(4)

alters, modifies, diminishes, or extinguishes the treaty rights of any Indian tribe within the Heritage Area;

(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;

(7)

creates any liability, or affects any liability under any other law, of any private property owner;

(8)

affects current or future grazing permits, leases or allotments on Federal lands; or

(9)

affects the construction, operation, maintenance, improvement or expansion of current or future water projects, including water storage, hydroelectric facilities, or delivery systems.

9.

Clarification

Nothing in this Act authorizes the Secretary

(1)

to allocate or distribute Federal funds to the local coordinating entity; or

(2)

to expend Federal funds for any purpose under this Act except for those purposes specifically enumerated to the Secretary under section 3, subsections (c), (d), (e) and (f) of section 4, and section 5.

10.

Termination of authority

The authority of the Secretary to provide assistance under this Act terminates on the date that is 15 years after the date of enactment of this Act.

December 22, 2014

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed