[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5446 Introduced in House (IH)]







106th CONGRESS
  2d Session
                                H. R. 5446

     To establish the Freedom's Way National Heritage Area in the 
 Commonwealth of Massachusetts and in the State of New Hampshire, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 11, 2000

  Mr. Olver (for himself, Mr. Meehan, Mr. Tierney, Mr. McGovern, Mr. 
Bass, and Mr. Markey) introduced the following bill; which was referred 
                     to the Committee on Resources

_______________________________________________________________________

                                 A BILL


 
     To establish the Freedom's Way National Heritage Area in the 
 Commonwealth of Massachusetts and in the State of New Hampshire, 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. SHORT TITLE.

    This Act may be cited as the ``Freedom's Way National Heritage Area 
Act''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) the cultural and natural legacies of the region 
        encompassing 34 communities in Massachusetts and 6 communities 
        in New Hampshire have made important and distinctive 
        contributions to the national character of America;
            (2) these legacies were the foundation of communities in 
        this region, and by according appropriate recognition and 
        protection these legacies can help sustain the quality of life 
        in the future;
            (3) particularly significant legacies are--
                    (A) the early settlement of the United States and 
                the early evolution of democratic forms of government;
                    (B) the development of intellectual traditions of 
                the philosophies of freedom, democracy, and 
                conservation;
                    (C) the evolution of social ideas and religious 
                freedom;
                    (D) the role of immigrants and industry in 
                contributing to ethnic diversity;
                    (E) Native American and African American resources; 
                and
                    (F) the role of innovation and invention in the 
                cottage industries;
            (4) the communities in this region know the value of their 
        legacy, but need a cooperative framework and technical 
        assistance to achieve important goals by working together;
            (5) the National Park Service is responsible for advocating 
        the protection and interpretation of the Nation's cultural and 
        historic resources;
            (6) within this distinctive area of New Hampshire and 
        Massachusetts there is a Federal interest to support the 
        development of a regional framework to assist the Commonwealth 
        of Massachusetts and the State of New Hampshire, other local 
        organizations and governments, and private citizens to 
        conserve, protect, and bring recognition to this heritage for 
        the educational and recreation benefit of this and future 
        generations of Americans;
            (7) significant examples of such resources include--
                    (A) Walden Pond State Reservation;
                    (B) Minute Man National Historical Park;
                    (C) Shaker Villages in Shirley and Harvard;
                    (D) Wachusett Mountain State Reservation, Fitchburg 
                Art Museum, and Barrett House in New Ipswich; and
                    (E) Beaver Brook Farms and Lost City of Monson in 
                Hollis;
            (8) the Freedom's Way Heritage Association, Inc., would be 
        an appropriate entity to oversee the development of the 
        Freedom's Way National Heritage Area; and
            (9) the study entitled ``Freedom's Way Heritage Area 
        Feasibility Study'', prepared by the Freedom's Way Heritage 
        Association, Inc., and the Massachusetts Department of 
        Environmental Management, demonstrates the sufficient 
        assemblage of nationally distinctive historical resources 
        necessary to establish the Freedom's Way National Heritage 
        Area.
    (b) Purposes.--The purposes of this Act are--
            (1) to foster a close working relationship with all levels 
        of government, the private sector, and the local communities in 
        Massachusetts and New Hampshire;
            (2) to empower communities and organizations in these 2 
        States to preserve the special historic identity of the region 
        and with it the identity of the Nation; and
            (3) to provide for the management, preservation, 
        protection, and interpretation of the natural, historical, and 
        cultural resources of the region for the educational and 
        inspirational benefit of future generations.

SEC. 3. DEFINITIONS.

    For the purposes of this Act:
            (1) Association.--The term ``Association'' means the 
        Freedom's Way Heritage Association, Inc.
            (2) Heritage area.--The term ``Heritage Area'' means the 
        Freedom's Way National Heritage Area established by section 4.
            (3) Plan.--The term ``Plan'' means the Cultural Heritage 
        and Management Plan required by section 6.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 4. FREEDOM'S WAY NATIONAL HERITAGE AREA.

    (a) Establishment.--There is established in the Commonwealth of 
Massachusetts and in the State of New Hampshire the Freedom's Way 
National Heritage Area.
    (b) Boundaries.--Except as otherwise provided in section 6, the 
boundaries of the Heritage Area shall include all of those lands 
depicted on a map entitled ``Freedom's Way National Heritage Area'', 
numbered ____ and dated ____. The map shall be on file in the 
appropriate offices of the National Park Service. The Secretary 
shall publish in the Federal Register, as soon as practical after the 
date of the enactment of this Act, a detailed description and map of 
the boundaries established under this subsection. Boundaries may be 
revised if proposed in the Plan, approved by the Secretary as provided 
in section 8(b), and placed on file in accordance with this subsection.

SEC. 5. ADMINISTRATION AND MANAGEMENT.

    (a) Administration.--The Heritage Area shall be administered in 
accordance with the provisions of this Act.
    (b) Management Entity.--The management entity of the Heritage 
Areashall be the Freedom's Way Heritage Association, Inc.

SEC. 6. MANAGEMENT PLAN.

    (a) Plan Requirements.--The Association shall prepare and submit 
for review and approval by the Secretary, a Cultural Heritage and 
Management Plan for the Heritage Area that presents comprehensive 
recommendations and strategies for the conservation, funding, 
management, and development of the Heritage Area. The Plan shall--
            (1) take into consideration current Federal, State, county, 
        and local plans and involve residents, public agencies, and 
        private organizations in the Heritage Area, but shall 
        coordinate those plans and present a unified historic 
        preservation and interpretation plan;
            (2) include a description of actions that units of 
        government and private organizations are recommended to take to 
        protect the resources of the Heritage Area; and
            (3) identify existing and potential sources of Federal and 
        non-Federal funding for the conservation, management, and 
        development of the Heritage Area, and include--
                    (A) an inventory which includes any property in the 
                Heritage Area that should be conserved, restored, 
                managed, developed, or maintained because of the 
                natural, cultural, recreational or historic 
                significance to the themes of the Heritage Area;
                    (B) a recommendation of policies for resource 
                management and protection that consider and detail the 
                application of appropriate land and water management 
                techniques, including the development of 
                intergovernmental cooperative agreements to manage and 
                protect the historical, cultural, and natural resources 
                and recreation opportunities of the Heritage Area in a 
                manner consistent with supporting compatible economic 
                revitalization efforts;
                    (C) a program of strategies and actions to 
                implement the Plan, including identification of the 
                roles of agencies and organizations which are party to 
                the implementation of the Plan, identification of 
                specific restoration and construction plans or goals, 
                and identification of a program of public involvement, 
                annual work plans and reports, and the role of the 
                Association;
                    (D) an analysis of ways in which Federal, State, 
                and local programs may best be coordinated to promote 
                the purposes of this Act;
                    (E) an interpretive and educational plan for the 
                Heritage Area;
                    (F) any revisions proposed by the Association to 
                the boundaries of the Heritage Area and requested by 
                the affected local government; and
                    (G) a process to provide public access to the 
                Association for the purpose of attempting to informally 
                resolve any disputes arising from the Plan.
    (b) Approval of Plan.--The Secretary shall approve or disapprove 
the Plan in accordance with section 8(b).

SEC. 7. AUTHORITIES, PROHIBITIONS, AND DUTIES OF THE ASSOCIATION.

    (a) Authorities.--The Association may, for purposes of preparing 
and implementing the Plan, use Federal funds made available through 
this Act--
            (1) to make grants to the Commonwealth of Massachusetts, 
        its political subdivisions, or both, the State of New 
        Hampshire, its political subdivisions, or both, nonprofit 
        organizations, and other persons;
            (2) to enter into cooperative agreements with or provide 
        technical assistance to the Commonwealth of Massachusetts, its 
        political subdivisions, or both, the State of New Hampshire, 
        its political subdivisions, or both, nonprofit organizations, 
        and other organizations;
            (3) to hire and compensate staff;
            (4) to obtain money from any source and to participate in 
        any program or law requiring the recipient of such money to 
        make a contribution in order to receive such money; and
            (5) to contract for goods and services.
    (b) Prohibition of Acquisition of Real Property.--The Association 
may not use Federal funds received under this Act to acquire real 
property or any interest in real property. Nothing in this Act shall 
preclude the Association from acquiring real property or any interest 
in real property using other funds intended for that purpose.
    (c) Duties of the Association.--The Association shall carry out the 
following duties:
            (1) Prepare and submit to the Secretary for approval a plan 
        as described in section 6 not later than 3 years after the date 
        of the enactment of this Act. If the Plan is not submitted to 
        the Secretary as required under this paragraph within the 
        specified time, the Heritage Area shall no longer qualify for 
        Federal funding until the Plan is submitted and approved by the 
        Secretary.
            (2) Give priority to the implementation of actions, goals, 
        and strategies set forth in the Plan, including assisting units 
        of government and others in--
                    (A) carrying out the programs that recognize and 
                protect important resource values within the Heritage 
                Area;
                    (B) encouraging, by appropriate means, economic 
                viability in the Heritage Area consistent with the 
                goals of the Plan;
                    (C) establishing and maintaining interpretive 
                exhibits in the Heritage Area;
                    (D) developing recreational and educational 
                opportunities in the Heritage Area;
                    (E) increasing public awareness of and appreciation 
                for the natural, historical, and cultural resources of 
                the Heritage Area;
                    (F) restoring historic buildings that are located 
                within the boundaries of the Heritage Area relating to 
                the themes of the Heritage Area; and
                    (G) ensuring that clear, consistent, and 
                appropriate signs identifying public access points and 
                sites of interest are posted throughout the Heritage 
                Area.
            (3) Prepare and implement the Plan while considering the 
        interests of diverse units of government, businesses, private 
        property owners, and nonprofit groups within the Heritage Area.
            (4) Conduct Association meetings open to the public at 
        least quarterly regarding the development and implementation of 
        the Plan.
            (5) Submit an annual report to the Secretary for any fiscal 
        year in which the Association receives Federal funds under this 
        Act, setting forth its accomplishments, its expenses and 
        income, including the entities to which it made grants during 
        the year for which the report is made.
            (6) Make available for audit for any fiscal year in which 
        it receives Federal funds under this Act, by the Congress, the 
        Secretary, and appropriate units of government, all records and 
        other information pertaining to the expenditure of such funds 
        and any matching funds; and require, for all agreements 
        authorizing expenditure of Federal funds by other 
        organizations, that the receiving organizations make available 
        for such audit all records and other information pertaining to 
        the expenditure of such funds.

SEC. 8. DUTIES AND AUTHORITIES OF THE SECRETARY.

    (a) Technical and Financial Assistance.--
            (1) In general.--The Secretary may, upon the request of the 
        Association, provide technical and financial assistance to the 
        Heritage Area to develop and implement the approved Plan. In 
        assisting the Heritage Area, the Secretary shall give priority 
        to actions that in general assist in--
                    (A) conserving the significant natural, historic, 
                and cultural resources of the Heritage area; and
                    (B) providing educational, interpretive, and 
                recreational opportunities consistent with the purposes 
                of the Heritage Area.
            (2) Spending for nonfederally owned property.--Federal 
        funds made available by the Secretary to the Association may be 
        spent directly on nonfederally owned property identified in the 
        Plan, or listed or eligible for listing on the National 
        Register of Historic Places.
            (3) Other assistance.--The Secretary may enter into 
        cooperative agreements with public and private organizations 
        for the purposes of implementing this subsection.
    (b) Approval and Disapproval of Plan.--
            (1) In general.--The Secretary shall approve or disapprove 
        the Plan not later than 90 days after receiving the Plan.
            (2) Criteria for approval.--In determining whether to 
        approve the Plan, the Secretary shall consider whether--
                    (A) the Association has afforded adequate 
                opportunity, including public hearings, for public and 
                governmental involvement in the preparation of the 
                Plan;
                    (B) the resource protection and interpretation 
                strategies contained in the Plan, if implemented, would 
                adequately protect the historic and cultural resources 
                of the Heritage Area; and
                    (C) the Secretary has received adequate assurances 
                from the appropriate state and local officials whose 
                support is needed to ensure the effective 
                implementation of the State and local aspects of the 
                Plan.
            (3) Action following disapproval.--If the Secretary 
        disapproves the Plan, the Secretary shall advise the 
        Association in writing of the reasons therefor and shall make 
        recommendations for revisions to the Plan. The Secretary shall 
        approve or disapprove a proposed revision within 60 days after 
        the date it is submitted.
    (c) Approval of Amendments.--Substantial amendments to the Plan 
shall be reviewed by the Secretary and approved in the same manner as 
provided for the original Plan. The Association shall not use Federal 
funds authorized by this Act to implement any amendments until the 
amendments are approved by the Secretary.

SEC. 9. DUTIES OF OTHER FEDERAL AGENCIES.

    Any Federal entity conducting or supporting activities directly 
affecting the Heritage Area shall consider the potential effect of the 
activity on the purposes and the Plan, and shall consult with the 
Association with respect to the activity, and to the extent practicable 
conduct or support such activities to avoid adverse effects on the 
purposes of the Heritage Area.

SEC. 10. RELATIONSHIP TO LAND USE REGULATION AND PRIVATE PROPERTY.

    (a) Land Use Regulation.--The Association shall provide assistance 
and encouragement to State and local governments and to private 
organizations and individuals to protect and promote the resources and 
values of the Heritage Area. Nothing in this Act is intended to 
abrogate in any way the authority of State or local governments. 
Nothing in this Act may be construed to provide any authority to the 
Association to regulate any use of land under this or any other law, 
nor to grant any zoning or land use authority to the Association.
    (b) Private Property.--The Association shall be an advocate for 
land management practices consistent with the purposes of the Heritage 
Area. This Act provides no authority to the Association to abridge the 
rights of any person with regard to private property. Nothing in this 
Act is intended to abrogate in any way any State or local authority 
regarding private property. Nothing in this Act shall impose any 
additional burden on any property owner by the listing of his property 
pursuant to section 6(a)(3)(A).

SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated for the 
purposes of this Act not more than $1,000,000 for any fiscal year. Not 
more than a total of $10,000,000 may be appropriated for the Heritage 
Area under this Act.
    (b) Matching Funds.--Federal funding provided under this Act may 
not exceed 50 percent of the total cost of any assistance or grant 
provided or authorized under this Act.

SEC. 12. SUNSET.

    The authority of the Secretary to provide assistance under this Act 
shall terminate on the day occurring 15 years after the date of the 
enactment of this Act.
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