[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2937 Reported in Senate (RS)]






                                                       Calendar No. 668
107th CONGRESS
  2d Session
                                S. 2937

  To establish the Blue Ridge National Heritage Area in the State of 
                North Carolina, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 13, 2002

  Mr. Edwards introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

                            October 8, 2002

              Reported by Mr. Bingaman, with an amendment
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 A BILL


 
  To establish the Blue Ridge National Heritage Area in the State of 
                North Carolina, 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 ``Blue Ridge National Heritage Area 
Act of 2002''.

 SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) the Blue Ridge Mountains and the extensive cultural and 
        natural resources of the Blue Ridge Mountains have played a 
        significant role in the history of the United States and the 
        State of North Carolina;
            (2) archaeological evidence indicates that the Blue Ridge 
        Mountains have been inhabited by humans since the last retreat 
        of the glaciers, with the Native Americans living in the area 
        at the time of European discovery being primarily of Cherokee 
        descent;
            (3) the Blue Ridge Mountains of western North Carolina, 
        including the Great Smoky Mountains, played a unique and 
        significant role in the establishment and development of the 
        culture of the United States through several distinct legacies, 
        including--
                    (A) the craft heritage that--
                            (i) was first influenced by the Cherokee 
                        Indians;
                            (ii) was the origin of--
                                    (I) the traditional craft movement 
                                starting in 1900; and
                                    (II) the contemporary craft 
                                movement starting in the 1940's; and
                            (iii) is carried out by over 4,000 
                        craftspeople in the Blue Ridge Mountains of 
                        western North Carolina, the third largest 
                        concentration of such people in the United 
                        States;
                    (B) a musical heritage comprised of distinctive 
                instrumental and vocal traditions that--
                            (i) includes stringband music, bluegrass, 
                        ballad singing, blues, and sacred music;
                            (ii) has received national recognition; and
                            (iii) has made the region 1 of the richest 
                        repositories of traditional music and folklife 
                        in the United States;
                    (C) the Cherokee heritage--
                            (i) dating back thousands of years; and
                            (ii) offering--
                                    (I) nationally significant cultural 
                                traditions practiced by the Eastern 
                                Band of Cherokee Indians;
                                    (II) authentic tradition bearers;
                                    (III) historic sites; and
                                    (IV) historically important 
                                collections of Cherokee artifacts; and
                    (D) the agricultural heritage established by the 
                Cherokee Indians, including medicinal and ceremonial 
                food crops, combined with the historic European 
                patterns of raising livestock, culminating in the 
                largest number of specialty crop farms in North 
                Carolina;
            (4) the artifacts and structures associated with those 
        legacies are unusually well-preserved;
            (5) the Blue Ridge Mountains are recognized as having 1 of 
        the richest collections of historical resources in North 
        America;
            (6) the history and cultural heritage of the Blue Ridge 
        Mountains are shared with the States of Virginia, Tennessee, 
        and Georgia;
            (7) there are significant cultural, economic, and 
        educational benefits in celebrating and promoting this mutual 
        heritage;
            (8) according to the 2002 reports entitled ``The Blue Ridge 
        Heritage and Cultural Partnership'' and ``Western North 
        Carolina National Heritage Area Feasibility Study and Plan'', 
        the Blue Ridge Mountains contain numerous resources that are of 
        outstanding importance to the history of the United States; and
            (9) it is in the interest of the United States to preserve 
        and interpret the cultural and historical resources of the Blue 
        Ridge Mountains for the education and benefit of present and 
        future generations.
    (b) Purpose.--The purpose of this Act is to foster a close working 
relationship with, and to assist, all levels of government, the private 
sector, and local communities in the State in managing, preserving, 
protecting, and interpreting the cultural, historical, and natural 
resources of the Heritage Area while continuing to develop economic 
opportunities.

 SEC. 3. DEFINITIONS.

    In this Act:
            (1) Heritage area.--The term ``Heritage Area'' means the 
        Blue Ridge National Heritage Area established by section 4(a).
            (2) Management entity.--The term ``management entity'' 
        means the management entity for the Heritage Area designated by 
        section 4(c).
            (3) Management plan.--The term ``management plan'' means 
        the management plan for the Heritage Area approved under 
        section 5.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (5) State.--The term ``State'' means the State of North 
        Carolina.

 SEC. 4. BLUE RIDGE NATIONAL HERITAGE AREA.

    (a) Establishment.--There is established the Blue Ridge National 
Heritage Area in the State.
    (b) Boundaries.--The Heritage Area shall consist of the counties of 
Alleghany, Ashe, Avery, Buncombe, Burke, Caldwell, Cherokee, Clay, 
Graham, Haywood, Henderson, Jackson, McDowell, Macon, Madison, 
Mitchell, Polk, Rutherford, Surry, Swain, Transylvania, Watauga, 
Wilkes, Yadkin, and Yancey in the State.
    (c) Management Entity.--
            (1) In general.--As a condition of the receipt of funds 
        made available under section 9(a), the Blue Ridge National 
        Heritage Area Partnership shall be the management entity for 
        the Heritage Area.
            (2) Board of directors.--
                    (A) Composition.--The management entity shall be 
                governed by a board of directors composed of 13 
                members, of whom--
                            (i) 2 members shall be appointed by 
                        AdvantageWest;
                            (ii) 2 members shall be appointed by 
                        HandMade In America, Inc.;
                            (iii) 2 members shall be appointed by the 
                        North Carolina Arts Council of the North 
                        Carolina Department of Cultural Resources;
                            (iv) 1 member shall be appointed by the 
                        Eastern Band of the Cherokee Indians;
                            (v) 1 member shall be appointed by the 
                        North Carolina Office of Historic Preservation; 
                        and
                            (vi) 5 members--
                                    (I) shall--
                                            (aa) reside in 
                                        geographically diverse regions 
                                        of the Heritage Area;
                                            (bb) be a representative of 
                                        local governments or the 
                                        private sector; and
                                            (cc) have knowledge of 
                                        tourism, economic and community 
                                        development, regional planning, 
                                        historic preservation, cultural 
                                        or natural resources 
                                        development, regional planning, 
                                        conservation, recreational 
                                        services, education, or museum 
                                        services; and
                                    (II) of whom--
                                            (aa) 3 members shall be 
                                        appointed by each Member of the 
                                        House of Representatives whose 
                                        district is included in the 
                                        Heritage Area; and
                                            (bb) 2 members shall be 
                                        appointed by each Senator of 
                                        the State.
                    (B) Expertise.--Of the members appointed under 
                subparagraph (A)--
                            (i) at least 1 member appointed under 
                        subparagraph (A)(i) shall have knowledge of and 
                        experience with tourism in the Heritage Area;
                            (ii) at least 1 member appointed under 
                        subparagraph (A)(ii) shall have knowledge of 
                        and experience with the craft culture in the 
                        Heritage Area;
                            (iii) at least 1 member appointed under 
                        subparagraph (A)(iii) shall have knowledge of 
                        and experience with the music culture in the 
                        Heritage Area;
                            (iv) at least 1 member appointed under 
                        subparagraph (A)(iv) shall have knowledge of 
                        and experience with the culture of the Cherokee 
                        Indians; and
                            (v) at least 1 member appointed under 
                        subparagraph (A)(v) shall have knowledge of and 
                        experience with historic preservation in the 
                        Heritage Area.

 SEC. 5. MANAGEMENT PLAN.

    (a) In General.--Not later than 3 years after the date of enactment 
of this Act, the management entity shall submit to the Secretary for 
approval a management plan for the Heritage Area.
    (b) Consideration of Other Plans and Actions.--In developing the 
management plan, the management entity shall--
            (1) for the purpose of presenting a unified preservation 
        and interpretation plan, take into consideration Federal, 
        State, and local plans; and
            (2) provide for the participation of residents, public 
        agencies, and private organizations in the Heritage Area.
    (c) Contents.--The management plan shall--
            (1) present comprehensive recommendations and strategies 
        for the conservation, funding, management, and development of 
        the Heritage Area;
            (2) identify existing and potential sources of Federal and 
        non-Federal funding for the conservation, management, and 
        development of the Heritage Area; and
            (3) include--
                    (A) an inventory of the cultural, historical, 
                natural, and recreational resources of the Heritage 
                Area, including a list of property that--
                            (i) relates to the purposes of the Heritage 
                        Area; and
                            (ii) should be conserved, restored, 
                        managed, developed, or maintained because of 
                        the significance of the property;
                    (B) a program of strategies and actions for the 
                implementation of the management plan that identifies 
                the roles of agencies and organizations that are 
                involved in the implementation of the management plan;
                    (C) an interpretive and educational plan for the 
                Heritage Area;
                    (D) a recommendation of policies for resource 
                management and protection that develop 
                intergovernmental cooperative agreements to manage and 
                protect the cultural, historical, natural, and 
                recreational resources of the Heritage Area; and
                    (E) an analysis of ways in which Federal, State, 
                and local programs may best be coordinated to promote 
                the purposes of this Act.
    (d) Effect of Failure To Submit.--If a management plan is not 
submitted to the Secretary by the date described in subsection (a), the 
Secretary shall not provide any additional funding under this Act until 
a management plan is submitted to the Secretary.
    (e) Approval or Disapproval of Management Plan.--
            (1) In general.--Not later than 90 days after receiving the 
        management plan submitted under subsection (a), the Secretary 
        shall approve or disapprove the management plan.
            (2) Criteria.--In determining whether to approve the 
        management plan, the Secretary shall consider whether the 
        management plan--
                    (A) has strong local support from landowners, 
                business interests, nonprofit organizations, and 
                governments in the Heritage Area; and
                    (B) has a high potential for effective partnership 
                mechanisms.
            (3) Action following disapproval.--If the Secretary 
        disapproves a management plan under subsection (e)(1), the 
        Secretary shall--
                    (A) advise the management entity in writing of the 
                reasons for the disapproval;
                    (B) make recommendations for revisions to the 
                management plan; and
                    (C) allow the management entity to submit to the 
                Secretary revisions to the management plan.
            (4) Deadline for approval of revision.--Not later than 60 
        days after the date on which a revision is submitted under 
        paragraph (3)(C), the Secretary shall approve or disapprove the 
        proposed revision.
    (f) Amendment of Approved Management Plan.--
            (1) In general.--After approval by the Secretary of a 
        management plan, the management entity shall periodically--
                    (A) review the management plan; and
                    (B) submit to the Secretary, for review and 
                approval, the recommendation of the management entity 
                for any amendments to the management plan.
            (2) Use of funds.--No funds made available under section 
        9(a) shall be used to implement any amendment proposed by the 
        management entity under paragraph (1)(B) until the Secretary 
        approves the amendment.

 SEC. 6. AUTHORITIES AND DUTIES OF THE MANAGEMENT ENTITY.

    (a) Authorities.--For the purposes of developing and implementing 
the management plan, the management entity may use funds made available 
under section 9(a) to--
            (1) make <DELETED>loans and</DELETED> grants to, and enter 
        into cooperative agreements with, the State (including a 
        political subdivision), nonprofit organizations, or persons;
            (2) hire and compensate staff; and
            (3) enter into contracts for goods and services.
    (b) Duties.--In addition to developing the management plan, the 
management entity shall--
            (1) develop and implement the management plan while 
        considering the interests of diverse units of government, 
        businesses, private property owners, and nonprofit groups in 
        the Heritage Area;
            (2) conduct public meetings in the Heritage Area at least 
        semiannually on the development and implementation of the 
        management plan;
            (3) give priority to the implementation of actions, goals, 
        and strategies in the management plan, including providing 
        assistance to units of government, nonprofit organizations, and 
        persons in--
                    (A) carrying out the programs that protect 
                resources in the Heritage Area;
                    (B) encouraging economic viability in the Heritage 
                Area in accordance with the goals of the management 
                plan;
                    (C) establishing and maintaining interpretive 
                exhibits in the Heritage Area;
                    (D) developing recreational and educational 
                opportunities in the Heritage Area; and
                    (E) increasing public awareness of and appreciation 
                for the cultural, historical, and natural resources of 
                the Heritage Area; and
            (4) for any fiscal year for which Federal funds are 
        received under section 9(a)--
                    (A) submit to the Secretary a report that 
                describes, for the fiscal year--
                            (i) the accomplishments of the management 
                        entity;
                            (ii) the expenses and income of the 
                        management entity; and
                            (iii) each entity to which a grant was 
                        made;
                    (B) make available for audit by Congress, the 
                Secretary, and appropriate units of government, all 
                records relating to the expenditure of funds and any 
                matching funds; and
                    (C) require, for all agreements authorizing 
                expenditure of Federal funds by any entity, that the 
                receiving entity make available for audit all records 
                relating to the expenditure of funds.
    (c) Prohibition on the Acquisition of Real Property.--The 
management entity shall not use Federal funds received under section 
9(a) to acquire real property or an interest in real property.

 SEC. 7. TECHNICAL AND FINANCIAL ASSISTANCE.

    (a) In General.--The Secretary may provide to the management entity 
technical assistance and, subject to the availability of 
appropriations, financial assistance, for use in developing and 
implementing the management plan.
    (b) Priority for Assistance.--In providing assistance under 
subsection (a), the Secretary shall give priority to actions that 
facilitate--
            (1) the preservation of the significant cultural, 
        historical, natural, and recreational resources of the Heritage 
        Area; and
            (2) the provision of educational, interpretive, and 
        recreational opportunities that are consistent with the 
        resources of the Heritage Area.

 SEC. 8. LAND USE REGULATION.

    (a) In General.--Nothing in this Act--
            (1) grants any power of zoning or land use to the 
        management entity; or
            (2) modifies, enlarges, or diminishes any authority of the 
        Federal Government or any State or local government to regulate 
        any use of land under any law (including regulations).
    (b) Private Property.--Nothing in this Act--
            (1) abridges the rights of any person with respect to 
        private property;
            (2) affects the authority of the State or local government 
        with respect to private property; or
            (3) imposes any additional burden on any property owner.

 SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated to carry 
out this Act $10,000,000, of which not more than $1,000,000 shall be 
made available for any fiscal year.
    (b) Non-Federal Share.--The non-Federal share of the cost of any 
activities carried out using Federal funds made available under 
subsection (a) shall be not less than 50 percent.

 SEC. 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.




                                                       Calendar No. 668

107th CONGRESS

  2d Session

                                S. 2937

_______________________________________________________________________

                                 A BILL

  To establish the Blue Ridge National Heritage Area in the State of 
                North Carolina, and for other purposes.

_______________________________________________________________________

                            October 8, 2002

                       Reported with an amendment