I
110th CONGRESS
2d Session
H. R. 6678
IN THE HOUSE OF REPRESENTATIVES
July 30, 2008
Mr. Pomeroy introduced the following bill; which was referred to the Committee on Natural Resources
A BILL
To establish the Northern Plains National Heritage Area in the State of North Dakota.
Short title
This Act may be cited as the
Northern Plains National Heritage Area
Act
.
Definitions
In this Act:
Heritage Area
The term Heritage Area means the Northern Plains National Heritage Area established by section 3(a).
Local coordinating entity
The term local coordinating entity means the Northern Plains Heritage Foundation, the local coordinating entity for the Heritage Area designated by section 4(a).
Management plan
The term management plan means the management plan for the Heritage Area required under section 5.
Secretary
The term Secretary means the Secretary of the Interior.
State
The term State means the State of North Dakota.
Establishment
In general
There is established the Northern Plains National Heritage Area in the State of North Dakota.
Boundaries
The Heritage Area shall consist of—
a core area of resources in Burleigh, McLean, Mercer, Morton, and Oliver Counties in the State; and
any sites, buildings, and districts within the core area recommended by the management plan for inclusion in the Heritage Area.
Map
A map of the Heritage Area shall be—
included in the management plan; and
on file and available for public inspection in the appropriate offices of the local coordinating entity and the National Park Service.
Local coordinating entity
In general
The local coordinating entity for the Heritage Area shall be the Northern Plains Heritage Foundation, a nonprofit corporation established under the laws of the State.
Duties
To further the purposes of the Heritage Area, the Northern Plains Heritage Foundation, as the local coordinating entity, shall—
prepare a management plan for the Heritage Area, and submit the management plan to the Secretary, in accordance with this Act;
submit an annual report to the Secretary for each fiscal year for which the local coordinating entity receives Federal funds under this Act, specifying—
the specific performance goals and accomplishments of the local coordinating entity;
the expenses and income of the local coordinating entity;
the amounts and sources of matching funds;
the amounts leveraged with Federal funds and sources of the leveraged funds; and
grants made to any other entities during the fiscal year;
make available for audit for each fiscal year for which the local coordinating entity receives Federal funds under this Act, all information pertaining to the expenditure of the funds and any matching funds; and
encourage economic viability and sustainability that is consistent with the purposes of the Heritage Area.
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 Act to—
make grants to political jurisdictions, nonprofit organizations, and other parties within the Heritage Area;
enter into cooperative agreements with or provide technical assistance to political jurisdictions, nonprofit organizations, Federal agencies, and other interested parties;
hire and compensate staff, including individuals with expertise in—
natural, historical, cultural, educational, scenic, and recreational resource conservation;
economic and community development; and
heritage planning;
obtain funds or services from any source, including other Federal programs;
contract for goods or services; and
support activities of partners and any other activities that further the purposes of the Heritage Area and are consistent with the approved management plan.
Prohibition on acquisition of real property
The local coordinating entity may not use Federal funds authorized to be appropriated under this Act to acquire any interest in real property.
Other sources
Nothing in this Act precludes the local coordinating entity from using Federal funds from other sources for authorized purposes.
Management plan
In general
Not later than 3 years after the date of enactment of this Act, the local coordinating entity shall submit to the Secretary for approval a proposed management plan for the Heritage Area.
Requirements
The management plan for the Heritage Area shall—
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;
include a description of actions and commitments that Federal, State, tribal, and local governments, private organizations, and citizens will take to protect, enhance, interpret, fund, manage, and develop the natural, historical, cultural, educational, scenic, and recreational resources of the Heritage Area;
specify existing and potential sources of funding or economic development strategies to protect, enhance, interpret, fund, manage, and develop the Heritage Area;
include an inventory of the natural, historical, cultural, educational, scenic, and recreational resources of the Heritage Area relating to the national importance and themes of the Heritage Area that should be protected, enhanced, interpreted, managed, funded, and developed;
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, historical, cultural, educational, scenic, and recreational resources of the Heritage Area;
describe a program for implementation for the management plan, including—
performance goals;
plans for resource protection, enhancement, interpretation, funding, management, and development; and
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;
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 Act; and
include a business plan that—
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
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.
Deadline
In general
Not later than 3 years after the date on which funds are first made available to develop the management plan after designation of the Heritage Area, the local coordinating entity shall submit the management plan to the Secretary for approval.
Termination of funding
If the management plan is not submitted to the Secretary in accordance with paragraph (1), the local coordinating entity shall not qualify for any additional financial assistance under this Act until such time as the management plan is submitted to and approved by the Secretary.
Approval of management plan
Review
Not later than 180 days after receiving the plan, the Secretary shall review and approve or disapprove the management plan for the Heritage Area on the basis of the criteria established under paragraph (2).
Criteria for approval
In determining whether to approve a management plan for the Heritage Area, the Secretary shall consider whether—
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, recreational organizations, community residents, and private property owners;
the local coordinating entity—
has afforded adequate opportunity for public and Federal, State, tribal, and local governmental involvement (including through workshops and hearings) in the preparation of the management plan; and
provides for at least semiannual public meetings to ensure adequate implementation of the management plan;
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, educational, scenic, and recreational resources of the Heritage Area;
the management plan would not adversely affect any activities authorized on Federal land under public land laws or land use plans;
the local coordinating entity has demonstrated the financial capability, in partnership with others, to carry out the plan;
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 elements of the management plan; and
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.
Disapproval
In general
If the Secretary disapproves the management plan, the Secretary—
shall advise the local coordinating entity in writing of the reasons for the disapproval; and
may make recommendations to the local coordinating entity for revisions to the management plan.
Deadline
Not later than 180 days after receiving a revised management plan, the Secretary shall approve or disapprove the revised management plan.
Amendments
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.
Implementation
The local coordinating entity shall not use Federal funds authorized to be appropriated by this Act to implement an amendment to the management plan until the Secretary approves the amendment.
Authorities
The Secretary may—
provide technical assistance under this Act for the development and implementation of the management plan; and
enter into cooperative agreements with interested parties to carry out this Act.
Relationship to other Federal agencies
In general
Nothing in this Act affects the authority of a Federal agency to provide technical or financial assistance under any other law.
Technical and financial assistance
In general
On the request of the local coordinating entity, the Secretary may provide financial assistance and, on a reimbursable or nonreimbursable basis, technical assistance to the local coordinating entity to develop and implement the management plan.
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).
Priority
In assisting the Heritage Area, the Secretary shall give priority to actions that assist in—
conserving the significant natural, historic, cultural, and scenic resources of the Heritage Area; and
providing educational, interpretive, and recreational opportunities consistent with the purposes of the Heritage Area.
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.
Other Federal agencies
Nothing in this Act—
modifies or alters any laws (including regulations) authorizing a Federal agency to manage Federal land under the jurisdiction of the Federal agency;
limits the discretion of a Federal land manager to implement an approved land use plan within the boundaries of the Heritage Area; or
modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal agency.
Private property and regulatory protections
Nothing in this Act—
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;
requires any property owner to—
permit public access (including access by Federal, State, or local agencies) to the property of the property owner; or
modify public access to, or use of, the property of the property owner under any other Federal, State, or local law;
alters any duly adopted land use regulation, approved land use plan, or other regulatory authority of any Federal, State, tribal, or local agency;
conveys any land use or other regulatory authority to the local coordinating entity;
authorizes or implies the reservation or appropriation of water or water rights;
diminishes the authority of the State to manage fish and wildlife, including the regulation of fishing and hunting within the Heritage Area; or
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.
Evaluation; report
In general
Not later than 3 years before the date on which authority for Federal funding terminates for the Heritage Area under section 10, the Secretary shall—
conduct an evaluation of the accomplishments of the Heritage Area; and
prepare a report in accordance with subsection (c).
Evaluation
An evaluation conducted under subsection (a)(1) shall—
assess the progress of the local coordinating entity with respect to—
accomplishing the purposes of this Act for the Heritage Area; and
achieving the goals and objectives of the approved management plan for the Heritage Area;
analyze the Federal, State, local, and private investments in the Heritage Area to determine the leverage and impact of the investments; and
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.
Report
In general
Based on the evaluation conducted under subsection (a)(1), 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.
Required analysis
If the report prepared under paragraph (1) recommends that Federal funding for the Heritage Area be reauthorized, the report shall include an analysis of—
ways in which Federal funding for the Heritage Area may be reduced or eliminated; and
the appropriate time period necessary to achieve the recommended reduction or elimination.
Submission to Congress
On completion of the report, the Secretary shall submit the report to—
the Committee on Energy and Natural Resources of the Senate; and
the Committee on Natural Resources of the House of Representatives.
Authorization of appropriations
In general
There is authorized to be appropriated to carry out this Act $10,000,000, of which not more than $1,000,000 may be made available for any fiscal year.
Cost-sharing requirement
In general
The Federal share of the total cost of any activity under this Act shall be not more than 50 percent.
Form
The non-Federal contribution may be in the form of in-kind contributions of goods or services fairly valued.
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.