[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1027 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 1027
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
March 14, 2001
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 Area
shall 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.
<all>