[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5348 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 5348

To establish the Atchafalaya National Heritage Area, Louisiana, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 8, 2004

   Mr. Tauzin (for himself, Mr. Vitter, Mr. Alexander, Mr. John, Mr. 
 Baker, Mr. McCrery, and Mr. Jefferson) introduced the following bill; 
            which was referred to the Committee on Resources

_______________________________________________________________________

                                 A BILL


 
To establish the Atchafalaya National Heritage Area, Louisiana, 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 ``Atchafalaya National Heritage Area 
Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The Atchafalaya Basin area of Louisiana, designated by 
        the Louisiana Legislature as the ``Atchafalaya Trace State 
        Heritage Area'' and consisting of the area described in section 
        5(b), is an area in which natural, scenic, cultural, and 
        historic resources form a cohesive and nationally distinctive 
        landscape arising from patterns of human activity shaped by 
        geography.
            (2) The significance of the area is enhanced by the 
        continued use of the area by people whose traditions have 
        helped shape the landscape.
            (3) There is a national interest in conserving, restoring, 
        promoting, and interpreting the benefits of the area for the 
        residents of, and visitors to, the area.
            (4) The area represents an assemblage of rich and varied 
        resources forming a unique aspect of the heritage of the United 
        States.
            (5) The area reflects a complex mixture of people and their 
        origins, traditions, customs, beliefs, and folkways of interest 
        to the public.
            (6) The land and water of the area offer outstanding 
        recreational opportunities, educational experiences, and 
        potential for interpretation and scientific research.
            (7) Local governments of the area support the establishment 
        of a national heritage area.

SEC. 3. PURPOSES.

    The purposes of this Act are--
            (1) to conserve, restore, promote, and interpret the 
        significant resource values and functions of the Atchafalaya 
        Basin area and advance sustainable economic development of the 
        area;
            (2) to foster a close working relationship with all levels 
        of government, the private sector, and the local communities in 
        the area so as to enable those communities to conserve their 
        heritage while continuing to pursue economic opportunities; and
            (3) to establish, in partnership with the State, local 
        communities, preservation organizations, private corporations, 
        and landowners in the Heritage Area, the Atchafalaya Trace 
        State Heritage Area, as eligible parishes designated by the 
        Louisiana Legislature, as the Atchafalaya National Heritage 
        Area.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Heritage area.--The term ``Heritage Area'' means the 
        Atchafalaya National Heritage Area established by section 5(a).
            (2) Local coordinating entity.--The term ``local 
        coordinating entity'' means the local coordinating entity for 
        the Heritage Area designated by section 5(c).
            (3) Management plan.--The term ``management plan'' means 
        the management plan for the Heritage Area developed under 
        section 7.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (5) State.--The term ``State'' means the State of 
        Louisiana.

SEC. 5. ATCHAFALAYA NATIONAL HERITAGE AREA.

    (a) Establishment.--There is established in the State the 
Atchafalaya National Heritage Area.
    (b) Boundaries.--The Heritage Area shall consist of parishes that 
are consistent with the tradition, purposes, goals, and culture of the 
Heritage Area as determined by the Secretary in consultation with the 
State. The Secretary shall give priority consideration to those 
parishes in Atchafalaya State Heritage Area.
    (c) Local Coordinating Entity.--
            (1) In general.--The Atchafalaya Trace Commission shall be 
        the local coordinating entity for the Heritage Area.
            (2) Composition.--The local coordinating entity shall be 
        composed of 1 member appointed by the governing authority of 
        each parish within the Heritage Area.

SEC. 6. AUTHORITIES AND DUTIES OF THE LOCAL COORDINATING ENTITY.

    (a) Authorities.--For the purposes of developing and implementing 
the management plan approved by the Secretary, the local coordinating 
entity may--
            (1) make grants to, and enter into cooperative agreements 
        with, the State, units of local government, and private 
        organizations;
            (2) hire and compensate staff; and
            (3) enter into contracts for goods and services.
    (b) Duties.--The local coordinating entity shall--
            (1) submit to the Secretary for approval a management plan;
            (2) implement the management plan, including providing 
        assistance to units of government and others in--
                    (A) carrying out programs that recognize important 
                resource values within the Heritage Area;
                    (B) encouraging sustainable economic development 
                within the Heritage Area;
                    (C) establishing and maintaining interpretive sites 
                within the Heritage Area; and
                    (D) increasing public awareness and appreciation 
                for the natural, historic, and cultural resources of 
                the Heritage Area;
            (3) adopt bylaws governing the conduct of the local 
        coordinating entity; and
            (4) for any year for which Federal funds are received under 
        this Act, submit to the Secretary a report that describes, for 
        the year--
                    (A) the accomplishments of the local coordinating 
                entity; and
                    (B) the expenses and income of the local 
                coordinating entity.
    (c) Acquisition of Real Property.--No Federal funds authorized 
under this Act may be used to acquire real property or any interest in 
real property.
    (d) Public Meetings.--The local coordinating entity shall conduct 
public meetings at least quarterly.

SEC. 7. MANAGEMENT PLAN.

    (a) In General.--The local coordinating entity shall develop a 
management plan for the Heritage Area that incorporates an integrated 
and cooperative approach to conserve, interpret, and enhance the 
natural, scenic, cultural, historic, and recreational resources of the 
Heritage Area consistent with local, State and Federal land use laws 
and compatible with the economic viability of the Heritage Area.
    (b) Consideration of Other Plans and Actions.--In developing the 
management plan, the local coordinating entity shall--
            (1) take into consideration Federal, State, and local plans 
        land use, laws, and plans; and
            (2) invite the participation of residents, public agencies, 
        and private organizations in the Heritage Area.
    (c) Contents.--The management plan shall include--
            (1) an inventory of the resources in the Heritage Area, 
        including--
                    (A) a list of property in the Heritage Area that--
                            (i) relates to the purposes of the Heritage 
                        Area; and
                            (ii) should be preserved, restored, 
                        managed, or maintained because of the 
                        significance of the property; and
                    (B) an assessment of cultural landscapes within the 
                Heritage Area;
            (2) provisions for the conservation, interpretation, and 
        enjoyment of the resources of the Heritage Area identified in 
        the management plan and found by the Secretary to be consistent 
        with this Act and consistent with economic viability of the 
        Heritage Area;
            (3) an interpretation plan for the Heritage Area; and
            (4) a program for implementation of the management plan 
        that includes--
                    (A) actions that may be carried out by units of 
                government, private organizations, and public-private 
                partnerships to protect the resources of the Heritage 
                Area; and
                    (B) the identification of existing and potential 
                sources of funding for implementing the plan.
    (d) Submission to Secretary for Approval.--
            (1) In general.--Not later than 3 years after the date of 
        the enactment of this Act, the local coordinating entity shall 
        submit the management plan to the Secretary for approval.
            (2) Effect of failure to submit.--If a management plan is 
        not submitted to the Secretary by the date specified in 
        paragraph (1), the Secretary shall not provide any additional 
        funding under this Act until a management plan for the Heritage 
        Area is submitted to the Secretary.
    (e) Approval.--
            (1) In general.--Not later than 90 days after receiving the 
        management plan submitted under subsection (d)(1), the 
        Secretary, in consultation with the State, shall approve or 
        disapprove the management plan.
            (2) Action following disapproval.--
                    (A) In general.--If the Secretary disapproves a 
                management plan under paragraph (1), the Secretary 
                shall--
                            (i) advise the local coordinating entity in 
                        writing of the reasons for the disapproval;
                            (ii) make recommendations for revisions to 
                        the management plan; and
                            (iii) allow the local coordinating entity 
                        to submit to the Secretary revisions to the 
                        management plan.
                    (B) Deadline for approval of revision.--Not later 
                than 90 days after the date on which a revision is 
                submitted under subparagraph (A)(iii), the Secretary 
                shall approve or disapprove the revision.
    (f) Revision.--
            (1) In general.--After approval by the Secretary of a 
        management plan, the local coordinating entity shall 
        periodically--
                    (A) review the management plan; and
                    (B) submit to the Secretary, for review and 
                approval by the Secretary, the recommendations of the 
                local coordinating entity for any revisions to the 
                management plan that the local coordinating entity 
                considers to be appropriate.
            (2) Expenditure of funds.--Funds made available under this 
        Act shall be used only to implement the approved management 
        plan.

SEC. 8. REQUIREMENTS FOR INCLUSION OF PRIVATE PROPERTY.

    (a) Notification and Consent of Property Owners Required.--No 
privately owned property shall be preserved, conserved, or promoted by 
the management plan for the Heritage Area until the owner of that 
private property has been notified in writing by the management entity 
and has given written consent to the management entity for such 
preservation, conservation, or promotion.
    (b) Landowner Withdraw.--Any owner of private property included 
within the boundary of the Heritage Area shall have that private 
property immediately removed from the boundary by submitting a written 
request to the management entity.

SEC. 9. PRIVATE PROPERTY PROTECTION.

    (a) Access to Private Property.--Nothing in this Act shall be 
construed to--
            (1) require any private property owner to allow public 
        access (including Federal, State, or local government access) 
        to such private property; or
            (2) modify any provision of Federal, State, or local law 
        with regard to public access to or use of private property.
    (b) Liability.--Designation of the Heritage Area shall not be 
considered to create any liability, or to have any effect on any 
liability under any other law, of any private property owner with 
respect to any persons injured on that private property.
    (c) Participation of Private Property Owners in Heritage Area.--
Nothing in this Act shall be construed to require the owner of any 
private property located within the boundaries of the Heritage Area to 
participate in or be associated with the Heritage Area.

SEC. 10. EFFECT OF ACT.

    Nothing in this Act--
            (1) grants any Federal agency regulatory authority over any 
        interest in the Heritage Area, unless cooperatively agreed to 
        by all involved parties;
            (2) modifies, enlarges, or diminishes any authority of the 
        Federal, or State, or local government to regulate any use of 
        land as provided for by law (including regulations) in 
        existence on the date of the enactment of this Act;
            (3) grants any power of zoning or land use to the local 
        coordinating entity;
            (4) imposes any environmental, occupational, safety, or 
        other rule, standard, or permitting process that is different 
        from those in effect on the date of enactment of this Act that 
        would be applicable had the Heritage Area not been established;
            (5) imposes any change in Federal environmental quality 
        standards;
            (6) abridges, restricts, or alters any applicable rule, 
        standard, or review procedure for permitting of facilities 
        within or adjacent to the Heritage Area; or
            (7) affects the continuing use and operation, where located 
        on the date of enactment of this Act, of any public or private 
        facility, including any public utility or common carrier.

SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

    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.
                                 <all>