[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 323 Reported in Senate (RS)]






                                                       Calendar No. 613
108th CONGRESS
  2d Session
                                 S. 323

                          [Report No. 108-294]

    To establish the Atchafalaya National Heritage Area, Louisiana.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 5, 2003

  Ms. Landrieu (for herself and Mr. Breaux) introduced the following 
bill; which was read twice and referred to the Committee on Energy and 
                           National Resources

                              July 7, 2004

              Reported by Mr. Domenici, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
    To establish the Atchafalaya National Heritage Area, Louisiana.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Atchafalaya National 
Heritage Area Act''.</DELETED>

<DELETED>SEC. 2. FINDINGS.</DELETED>

<DELETED>    Congress finds that--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (2) the significance of the area is enhanced by 
        the continued use of the area by people whose traditions have 
        helped shape the landscape;</DELETED>
        <DELETED>    (3) there is a national interest in protecting, 
        conserving, restoring, promoting, and interpreting the benefits 
        of the area for the residents of, and visitors to, the 
        area;</DELETED>
        <DELETED>    (4) the area represents an assemblage of rich and 
        varied resources forming a unique aspect of the heritage of the 
        United States;</DELETED>
        <DELETED>    (5) the area reflects a complex mixture of people 
        and their origins, traditions, customs, beliefs, and folkways 
        of interest to the public;</DELETED>
        <DELETED>    (6) the land and water of the area offer 
        outstanding recreational opportunities, educational 
        experiences, and potential for interpretation and scientific 
        research; and</DELETED>
        <DELETED>    (7) local governments of the area support the 
        establishment of a national heritage area.</DELETED>

<DELETED>SEC. 3. PURPOSES.</DELETED>

<DELETED>    The purposes of this Act are--</DELETED>
        <DELETED>    (1) to protect, preserve, conserve, restore, 
        promote, and interpret the significant resource values and 
        functions of the Atchafalaya Basin area and advance sustainable 
        economic development of the area;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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 designated by the 
        Louisiana Legislature, as the Atchafalaya National Heritage 
        Area.</DELETED>

<DELETED>SEC. 4. DEFINITIONS.</DELETED>

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

<DELETED>SEC. 5. ATCHAFALAYA NATIONAL HERITAGE AREA.</DELETED>

<DELETED>    (a) Establishment.--There is established in the State the 
Atchafalaya National Heritage Area.</DELETED>
<DELETED>    (b) Boundaries.--The Heritage Area shall consist of the 
whole of the following parishes in the State: St. Mary, Iberia, St. 
Martin, St. Landry, Avoyelles, Pointe Coupee, Iberville, Assumption, 
Terrebonne, Lafayette, West Baton Rouge, Concordia, and East Baton 
Rouge.</DELETED>
<DELETED>    (c) Local Coordinating Entity.--</DELETED>
        <DELETED>    (1) In general.--The Atchafalaya Trace Commission 
        shall be the local coordinating entity for the Heritage 
        Area.</DELETED>
        <DELETED>    (2) Composition.--The local coordinating entity 
        shall be composed of 13 members appointed by the governing 
        authority of each parish within the Heritage Area.</DELETED>

<DELETED>SEC. 6. AUTHORITIES AND DUTIES OF THE LOCAL COORDINATING 
              ENTITY.</DELETED>

<DELETED>    (a) Authorities.--For the purposes of developing and 
implementing the management plan and otherwise carrying out this Act, 
the local coordinating entity may--</DELETED>
        <DELETED>    (1) make grants to, and enter into cooperative 
        agreements with, the State, units of local government, and 
        private organizations;</DELETED>
        <DELETED>    (2) hire and compensate staff; and</DELETED>
        <DELETED>    (3) enter into contracts for goods and 
        services.</DELETED>
<DELETED>    (b) Duties.--The local coordinating entity shall--
</DELETED>
        <DELETED>    (1) submit to the Secretary for approval a 
        management plan;</DELETED>
        <DELETED>    (2) implement the management plan, including 
        providing assistance to units of government and others in--
        </DELETED>
                <DELETED>    (A) carrying out programs that recognize 
                important resource values within the Heritage 
                Area;</DELETED>
                <DELETED>    (B) encouraging sustainable economic 
                development within the Heritage Area;</DELETED>
                <DELETED>    (C) establishing and maintaining 
                interpretive sites within the Heritage Area; 
                and</DELETED>
                <DELETED>    (D) increasing public awareness of, and 
                appreciation for the natural, historic, and cultural 
                resources of, the Heritage Area;</DELETED>
        <DELETED>    (3) adopt bylaws governing the conduct of the 
        local coordinating entity; and</DELETED>
        <DELETED>    (4) for any year for which Federal funds are 
        received under this Act, submit to the Secretary a report that 
        describes, for the year--</DELETED>
                <DELETED>    (A) the accomplishments of the local 
                coordinating entity; and</DELETED>
                <DELETED>    (B) the expenses and income of the local 
                coordinating entity.</DELETED>
<DELETED>    (c) Acquisition of Real Property.--The local coordinating 
entity shall not use Federal funds received under this Act to acquire 
real property or an interest in real property.</DELETED>
<DELETED>    (d) Public Meetings.--The local coordinating entity shall 
conduct public meetings at least quarterly.</DELETED>

<DELETED>SEC. 7. MANAGEMENT PLAN.</DELETED>

<DELETED>    (a) In General.--The local coordinating entity shall 
develop a management plan for the Heritage Area that incorporates an 
integrated and cooperative approach to protect, interpret, and enhance 
the natural, scenic, cultural, historic, and recreational resources of 
the Heritage Area.</DELETED>
<DELETED>    (b) Consideration of Other Plans and Actions.--In 
developing the management plan, the local coordinating entity shall--
</DELETED>
        <DELETED>    (1) take into consideration State and local plans; 
        and</DELETED>
        <DELETED>    (2) invite the participation of residents, public 
        agencies, and private organizations in the Heritage 
        Area.</DELETED>
<DELETED>    (c) Contents.--The management plan shall include--
</DELETED>
        <DELETED>    (1) an inventory of the resources in the Heritage 
        Area, including--</DELETED>
                <DELETED>    (A) a list of property in the Heritage 
                Area that--</DELETED>
                        <DELETED>    (i) relates to the purposes of the 
                        Heritage Area; and</DELETED>
                        <DELETED>    (ii) should be preserved, 
                        restored, managed, or maintained because of the 
                        significance of the property; and</DELETED>
                <DELETED>    (B) an assessment of cultural landscapes 
                within the Heritage Area;</DELETED>
        <DELETED>    (2) provisions for the protection, interpretation, 
        and enjoyment of the resources of the Heritage Area consistent 
        with this Act;</DELETED>
        <DELETED>    (3) an interpretation plan for the Heritage Area; 
        and</DELETED>
        <DELETED>    (4) a program for implementation of the management 
        plan that includes--</DELETED>
                <DELETED>    (A) actions to be carried out by units of 
                government, private organizations, and public-private 
                partnerships to protect the resources of the Heritage 
                Area; and</DELETED>
                <DELETED>    (B) the identification of existing and 
                potential sources of funding for implementing the 
                plan.</DELETED>
<DELETED>    (d) Submission to Secretary for Approval.--</DELETED>
        <DELETED>    (1) In general.--Not later than 3 years after the 
        date of enactment of this Act, the local coordinating entity 
        shall submit the management plan to the Secretary for 
        approval.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (e) Approval.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Action following disapproval.--</DELETED>
                <DELETED>    (A) In general.--If the Secretary 
                disapproves a management plan under paragraph (1), the 
                Secretary shall--</DELETED>
                        <DELETED>    (i) advise the local coordinating 
                        entity in writing of the reasons for the 
                        disapproval;</DELETED>
                        <DELETED>    (ii) make recommendations for 
                        revisions to the management plan; and</DELETED>
                        <DELETED>    (iii) allow the local coordinating 
                        entity to submit to the Secretary revisions to 
                        the management plan.</DELETED>
                <DELETED>    (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.</DELETED>
<DELETED>    (f) Revision.--</DELETED>
        <DELETED>    (1) In general.--After approval by the Secretary 
        of a management plan, the local coordinating entity shall 
        periodically--</DELETED>
                <DELETED>    (A) review the management plan; 
                and</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (2) Expenditure of funds.--No funds made available 
        under this Act shall be used to implement any revision proposed 
        by the local coordinating entity under paragraph (1)(B) until 
        the Secretary approves the revision.</DELETED>

<DELETED>SEC. 8. EFFECT OF ACT.</DELETED>

<DELETED>    Nothing in this Act or in establishment of the Heritage 
Area--</DELETED>
        <DELETED>    (1) grants any Federal agency regulatory authority 
        over any interest in the Heritage Area, unless cooperatively 
        agreed on by all involved parties;</DELETED>
        <DELETED>    (2) modifies, enlarges, or diminishes any 
        authority of the Federal Government or a State or local 
        government to regulate any use of land as provided for by law 
        (including regulations) in existence on the date of enactment 
        of this Act;</DELETED>
        <DELETED>    (3) grants any power of zoning or land use to the 
        local coordinating entity;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (5)(A) imposes any change in Federal environmental 
        quality standards; or</DELETED>
        <DELETED>    (B) authorizes designation of any portion of the 
        Heritage Area that is subject to part C of title I of the Clean 
        Air Act (42 U.S.C. 7470 et seq.) as class 1 for the purposes of 
        that part solely by reason of the establishment of the Heritage 
        Area;</DELETED>
        <DELETED>    (6) authorizes any Federal or State agency to 
        impose more restrictive water use designations, or water 
        quality standards on uses of or discharges to, waters of the 
        United States or waters of the State within or adjacent to the 
        Heritage Area solely by reason of the establishment of the 
        Heritage Area;</DELETED>
        <DELETED>    (7) abridges, restricts, or alters any applicable 
        rule, standard, or review procedure for permitting of 
        facilities within or adjacent to the Heritage Area; 
        or</DELETED>
        <DELETED>    (8) affects the continuing use and operation, 
        where located on the date of enactment of this Act, of any 
        public utility or common carrier.</DELETED>

<DELETED>SEC. 9. REPORTS.</DELETED>

<DELETED>    For any year in which Federal funds have been made 
available under this Act, the local coordinating entity shall submit to 
the Secretary a report that describes--</DELETED>
        <DELETED>    (1) the accomplishments of the local coordinating 
        entity; and</DELETED>
        <DELETED>    (2) the expenses and income of the local 
        coordinating entity.</DELETED>

<DELETED>SEC. 10. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    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.</DELETED>

<DELETED>SEC. 11. TERMINATION OF AUTHORITY.</DELETED>

<DELETED>    The Secretary shall not provide any assistance under this 
Act after September 30, 2017.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Atchafalaya National Heritage Area 
Act''.

SEC. 2. DEFINITIONS.

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

SEC. 3. 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 the whole of 
the following parishes in the State: St. Mary, Iberia, St. Martin, St. 
Landry, Avoyelles, Pointe Coupee, Iberville, Assumption, Terrebonne, 
Lafayette, West Baton Rouge, Concordia, and East Baton Rouge.
    (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 13 members appointed by the governing authority of 
        each parish within the Heritage Area.

SEC. 4. AUTHORITIES AND DUTIES OF THE LOCAL COORDINATING ENTITY.

    (a) Authorities.--For the purposes of developing and implementing 
the management plan and otherwise carrying out this Act, 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 of, 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.--The local coordinating entity 
shall not use Federal funds received under this Act to acquire real 
property or an interest in real property.
    (d) Public Meetings.--The local coordinating entity shall conduct 
public meetings at least quarterly.

SEC. 5. 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 protect, interpret, and enhance the 
natural, scenic, cultural, historic, and recreational resources 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 State and local 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 protection, interpretation, and 
        enjoyment of the resources of the Heritage Area consistent with 
        this Act;
            (3) an interpretation plan for the Heritage Area; and
            (4) a program for implementation of the management plan 
        that includes--
                    (A) actions to 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 
        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.--No funds made available under 
        this Act shall be used to implement any revision proposed by 
        the local coordinating entity under paragraph (1)(B) until the 
        Secretary approves the revision.

SEC. 6. EFFECT OF ACT.

    Nothing in this Act or in establishment of the Heritage Area--
            (1) grants any Federal agency regulatory authority over any 
        interest in the Heritage Area, unless cooperatively agreed on 
        by all involved parties;
            (2) modifies, enlarges, or diminishes any authority of the 
        Federal Government or a State or local government to regulate 
        any use of land as provided for by law (including regulations) 
        in existence on the date of 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)(A) imposes any change in Federal environmental quality 
        standards; or
            (B) authorizes designation of any portion of the Heritage 
        Area that is subject to part C of title I of the Clean Air Act 
        (42 U.S.C. 7470 et seq.) as class 1 for the purposes of that 
        part solely by reason of the establishment of the Heritage 
        Area;
            (6) authorizes any Federal or State agency to impose more 
        restrictive water use designations, or water quality standards 
        on uses of or discharges to, waters of the United States or 
        waters of the State within or adjacent to the Heritage Area 
        solely by reason of the establishment of the Heritage Area;
            (7) abridges, restricts, or alters any applicable rule, 
        standard, or review procedure for permitting of facilities 
        within or adjacent to the Heritage Area; or
            (8) affects the continuing use and operation, where located 
        on the date of enactment of this Act, of any public utility or 
        common carrier.

SEC. 7. REPORTS.

    For any year in which Federal funds have been made available under 
this Act, the local coordinating entity shall submit to the Secretary a 
report that describes--
            (1) the accomplishments of the local coordinating entity; 
        and
            (2) the expenses and income of the local coordinating 
        entity.

SEC. 8. 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) Cost-Sharing Requirement.--The Federal share of the total cost 
of any activity assisted under this Act shall be not more than 50 
percent.

SEC. 9. TERMINATION OF AUTHORITY.

    The authority of the Secretary to provide assistance to the local 
coordinating entity under this Act terminates on the date that is 15 
years after the date of enactment of this Act.




                                                       Calendar No. 613

108th CONGRESS

  2d Session

                                 S. 323

                          [Report No. 108-294]

_______________________________________________________________________

                                 A BILL

    To establish the Atchafalaya National Heritage Area, Louisiana.

_______________________________________________________________________

                              July 7, 2004

                       Reported with an amendment