[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 413 Reported in House (RH)]







                                                 Union Calendar No. 298
109th CONGRESS
  2d Session
                                H. R. 413

                          [Report No. 109-534]

To establish the Bleeding Kansas and the Enduring Struggle for Freedom 
            National Heritage Area, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 26, 2005

 Mr. Ryun of Kansas (for himself, Mr. Tiahrt, Mr. Moran of Kansas, and 
Mr. Moore of Kansas) introduced the following bill; which was referred 
                     to the Committee on Resources

                             June 28, 2006

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
[For text of introduced bill, see copy of bill as introduced on January 
                               26, 2005]

_______________________________________________________________________

                                 A BILL


 
To establish the Bleeding Kansas and the Enduring Struggle for Freedom 
            National Heritage Area, and for other purposes.

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

SEC. 1. SHORT TITLE.

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

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds the following:
            (1) The Bleeding Kansas National Heritage Area is a 
        cohesive assemblage of natural, historic, cultural, and 
        recreational resources that--
                    (A) together represent distinctive aspects of 
                American heritage worthy of recognition, conservation, 
                interpretation, and continuing use;
                    (B) are best managed through partnerships between 
                private and public entities; and
                    (C) will build upon the Kansas rural development 
                policy and the new homestead act to recognize inherent 
                strengths of small towns and rural communities--close-
                knit communities, strong local business networks, and a 
                tradition of entrepreneurial creativity.
            (2) The Bleeding Kansas National Heritage Area reflects 
        traditions, customs, beliefs, folk life, or some combination 
        thereof, that are a valuable part of the heritage of the United 
        States.
            (3) The Bleeding Kansas National Heritage Area provides 
        outstanding opportunities to conserve natural, cultural, or 
        historic features, or some combination thereof.
            (4) The Bleeding Kansas National Heritage Area provides 
        outstanding recreational and interpretive opportunities.
            (5) The Bleeding Kansas National Heritage Area has an 
        identifiable theme, and resources important to the theme retain 
        integrity capable of supporting interpretation.
            (6) Residents, nonprofit organizations, other private 
        entities, and units of local government throughout the Bleeding 
        Kansas National Heritage Area demonstrate support for 
        designation of the Bleeding Kansas National Heritage Area as a 
        national heritage area and for management of the Bleeding 
        Kansas National Heritage Area as appropriate for such 
        designation.
            (7) Capturing these interconnected stories through 
        partnerships with National Park Service sites, Kansas State 
        Historical Society sites, local organizations, and citizens 
        will augment the story opportunities within the prospective 
        boundary for the educational and recreational benefit of this 
        and future generations of Americans.
            (8) Communities throughout this region know the value of 
        their Bleeding Kansas legacy, but require expansion of the 
        existing cooperative framework to achieve key preservation, 
        education, and other significant goals by working more closely 
        together.
            (9) The State of Kansas officially recognized the national 
        significance of the Bleeding Kansas story when it designated 
        the heritage area development as a significant strategic goal 
        within the statewide economic development plan.
            (10) Territorial Kansas Heritage Alliance is a nonprofit 
        corporation created for the purposes of preserving, 
        interpreting, developing, promoting and, making available to 
        the public the story and resources related to the story of 
        Bleeding Kansas and the Enduring Struggle for Freedom.
            (11) Territorial Kansas Heritage Alliance has completed a 
        study that--
                    (A) describes in detail the role, operation, 
                financing, and functions of Territorial Kansas Heritage 
                Alliance, the local coordinating entity; and
                    (B) provides adequate assurances that Territorial 
                Kansas Heritage Alliance, the local coordinating 
                entity, is likely to have the financial resources 
                necessary to implement the management plan for the 
                Heritage Area, including resources to meet matching 
                requirement for grants.
            (12) There are at least 7 National Historic Landmarks, 32 
        National Register properties, 3 Kansas Register properties, and 
        7 properties listed on the National Underground Railroad 
        Network to Freedom that contribute to the Heritage Area as well 
        as other significant properties that have not been designated 
        at this time.
            (13) There is an interest in interpreting all sides of the 
        Bleeding Kansas story that requires further work with several 
        counties in Missouri interested in joining the area.
            (14) In 2004, the State of Kansas commemorated the 
        Sesquicentennial of the signing of the Kansas-Nebraska Act, 
        opening the territory to settlement.
    (b) Purposes.--The purposes of this Act are as follows:
            (1) To designate a region in eastern Kansas and western 
        Missouri containing nationally important natural, historic, and 
        cultural resources and recreational and educational 
        opportunities that are geographically assembled and 
        thematically related as areas that provide unique frameworks 
        for understanding the great and diverse character of the United 
        States and the development of communities and their 
        surroundings as the Bleeding Kansas National Heritage Area.
            (2) To strengthen, complement, and support the Fort Scott, 
        Brown v. Board of Education, Nicodemus and Tallgrass Prairie 
        sites through the interpretation and conservation of the 
        associated living landscapes outside of the boundaries of these 
        units of the National Park System.
            (3) To describe the extent of Federal responsibilities and 
        duties in regard to the Heritage Area.
            (4) To further collaboration and partnerships among 
        Federal, State, and local governments, nonprofit organizations, 
        and the private sector, or combinations thereof, to conserve 
        and manage the resources and opportunities in the Heritage Area 
        through grants, technical assistance, training and other means.
            (5) To authorize Federal financial and technical assistance 
        to the local coordinating entity to assist in the conservation 
        and interpretation of the Heritage Area.
            (6) To empower communities and organizations in Kansas to 
        preserve the special historic identity of Bleeding Kansas and 
        with it the identity of the Nation.
            (7) To provide for the management, preservation, 
        protection, and interpretation of the natural, historical, and 
        cultural resources within the region for the educational and 
        inspirational benefit of current and future generations.
            (8) To provide greater community capacity through inter-
        local cooperation.
            (9) To provide a vehicle, particularly in the four counties 
        with high out-migration of population, to recognize that self-
        reliance and resilience will be the keys to their economic 
        future.
            (10) To build upon the Kansas rural development policy, the 
        Kansas agritourism initiative and the new homestead act to 
        recognize inherent strengths of small towns and rural 
        communities--close-knit communities, strong local business 
        networks, and a tradition of entrepreneurial creativity.
            (11) To educate and cultivate among its citizens, 
        particularly its youth, the stories and cultural resources of 
        the region's legacy that--
                    (A) reflect the popular phrase ``Bleeding Kansas'' 
                describing the conflict over slavery that became 
                nationally prominent in Kansas just before and during 
                the American Civil War;
                    (B) reflect the commitment of American settlers who 
                first fought and killed to uphold their different and 
                irreconcilable principles of freedom and equality 
                during the years of the Kansas Conflict;
                    (C) reflect the struggle for freedom, experienced 
                during the ``Bleeding Kansas'' era, that continues to 
                be a vital and pressing issue associated with the real 
                problem of democratic nation building; and
                    (D) recreate the physical environment revealing its 
                impact on agriculture, transportation, trade and 
                business, and social and cultural patterns in urban and 
                rural settings.
            (12) To interpret the effect of the era's democratic ethos 
        on the development of America's distinctive political culture.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Heritage area.--The term ``Heritage Area'' means the 
        Bleeding Kansas and the Enduring Struggle for Freedom National 
        Heritage Area in eastern Kansas and western Missouri.
            (2) Local coordinating entity.--The term ``local 
        coordinating entity'' means Territorial Kansas Heritage 
        Alliance, recognized by the Secretary, in consultation with the 
        Governors of the States, that agrees to perform the duties of a 
        local coordinating entity under this Act.
            (3) Management plan.--The term ``management plan'' means 
        the management plan for the Heritage Area developed under 
        section 4(e).
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (5) State.--The term ``State'' means each of the States of 
        Kansas and Missouri.
            (6) Unit of local government.--The term ``unit of local 
        government'' means the government of a State, a political 
        subdivision of a State, or an Indian tribe.

SEC. 4. BLEEDING KANSAS AND THE ENDURING STRUGGLE FOR FREEDOM NATIONAL 
              HERITAGE AREA.

    (a) Establishment.--There is established in the States the Bleeding 
Kansas and the Enduring Struggle for Freedom National Heritage Area.
    (b) Boundaries.--The Heritage Area may include the following:
            (1) An area located in eastern Kansas and western Missouri, 
        consisting of--
                    (A) Allen, Anderson, Atchison, Bourbon, Chantauqua, 
                Cherokee, Clay, Coffey, Crawford, Douglas, Franklin, 
                Geary, Jackson, Johnson, Labette, Leavenworth, Linn, 
                Miami, Neosho, Pottawatomie, Riley, Shawnee, Wabaunsee, 
                Wilson, Woodson, Wyandotte Counties in Kansas; and
                    (B) Buchanan, Platte, Clay, Ray, Lafayette, 
                Jackson, Cass, Johnson, Bates, Vernon, Barton, and 
                Jasper Counties in Missouri.
            (2) Contributing sites, buildings, and districts within the 
        area that are recommended by the management plan.
    (c) Map.--The final boundary of the Heritage Area within the 
counties identified in subsection (b)(1) shall be specified in the 
management plan. A map of the Heritage Area shall be included in the 
management plan. The map shall be on file in the appropriate offices of 
the National Park Service, Department of the Interior.
    (d) Local Coordinating Entity.--
            (1) In general.--The local coordinating entity for the 
        Heritage Area shall be Territorial Kansas Heritage Alliance, a 
        nonprofit organization established in the State of Kansas, 
        recognized by the Secretary, in consultation with the Governors 
        of the States, that agrees to perform the duties of the local 
        coordinating entity under this Act.
            (2) Authorities.--For purposes of developing and 
        implementing the management plan, the local coordinating entity 
        may--
                    (A) make grants to, and enter into cooperative 
                agreements with, the States, political subdivisions of 
                the States, and private organizations;
                    (B) hire and compensate staff; and
                    (C) enter into contracts for goods and services.
    (e) Management Plan.--
            (1) In general.--Not later than 3 years after the date on 
        which funds are made available to carry out this Act, the local 
        coordinating entity shall develop and submit to the Secretary a 
        management plan reviewed by participating units of local 
        government within the boundaries of the proposed Heritage Area.
            (2) Contents.--The management plan shall--
                    (A) present a comprehensive program for the 
                conservation, interpretation, funding, management, and 
                development of the Heritage Area, in a manner 
                consistent with the existing local, State, and Federal 
                land use laws and compatible economic viability of the 
                Heritage Area;
                    (B) establish criteria or standards to measure what 
                is selected for conservation, interpretation, funding, 
                management, and development;
                    (C) involve residents, public agencies, and private 
                organizations working in the Heritage Area;
                    (D) specify and coordinate, as of the date of the 
                management plan, existing and potential sources of 
                technical and financial assistance under this and other 
                Federal laws to protect, manage, and develop the 
                Heritage Area; and
                    (E) include--
                            (i) actions to be undertaken by units of 
                        government and private organizations to 
                        protect, conserve, and interpret the resources 
                        of the Heritage Area;
                            (ii) an inventory of the resources 
                        contained in the Heritage Area, including a 
                        list of any property in the Heritage Area that 
                        is related to the themes of the Heritage Area 
                        and that meets the establishing criteria (such 
                        as, but not exclusive to, visitor readiness) to 
                        merit preservation, restoration, management, 
                        development, or maintenance because of its 
                        natural, cultural, historical, or recreational 
                        significance;
                            (iii) policies for resource management 
                        including the development of intergovernmental 
                        cooperative agreements, private sector 
                        agreements, or any combination thereof, to 
                        protect the historical, cultural, recreational, 
                        and natural resources of the Heritage Area in a 
                        manner consistent with supporting appropriate 
                        and compatible economic viability;
                            (iv) a program for implementation of the 
                        management plan by the designated local 
                        coordinating entity, in cooperation with its 
                        partners and units of local government;
                            (v) evidence that relevant State, county, 
                        and local plans applicable to the Heritage Area 
                        have been taken into consideration;
                            (vi) an analysis of ways in which local, 
                        State, and Federal programs may best be 
                        coordinated to promote the purposes of this 
                        Act; and
                            (vii) a business plan that--
                                    (I) describes in detail the role, 
                                operation, financing, and functions of 
                                the local coordinating entity for each 
                                activity included in the 
                                recommendations contained in the 
                                management plan; and
                                    (II) provides, to the satisfaction 
                                of the Secretary, adequate assurances 
                                that the local coordinating entity is 
                                likely to have the financial resources 
                                necessary to implement the management 
                                plan for the Heritage Area, including 
                                resources to meet matching requirement 
                                for grants awarded under this Act.
            (3) Considerations.--In developing and implementing the 
        management plan, the local coordinating entity shall consider 
        the interests of diverse governmental, business, and nonprofit 
        groups within the Heritage Area.
            (4) Disqualification from funding.--If a proposed 
        management plan is not submitted to the Secretary within 3 
        years after the date on which funds are made available to carry 
        out this Act, the local coordinating entity shall be ineligible 
        to receive additional funding under this Act until the date on 
        which the Secretary receives the proposed management plan.
            (5) Approval and disapproval of management plan.--The 
        Secretary shall approve or disapprove the proposed management 
        plan submitted under this Act not later than 90 days after 
        receiving such proposed management plan.
            (6) Action following disapproval.--If the Secretary 
        disapproves a proposed management plan, the Secretary shall 
        advise the local coordinating entity in writing of the reasons 
        for the disapproval and shall make recommendations for 
        revisions to the proposed management plan. The Secretary shall 
        approve or disapprove a proposed revision within 90 days after 
        the date it is submitted.
            (7) Approval of amendments.--The Secretary shall review and 
        approve substantial amendments to the management plan. Funds 
        appropriated under this Act may not be expended to implement 
        any changes made by such amendment until the Secretary approves 
        the amendment.
            (8) Implementation.--
                    (A) Priorities.--The local coordinating entity 
                shall give priority to implementing actions described 
                in the management plan, including--
                            (i) assisting units of government and 
                        nonprofit organizations in preserving resources 
                        within the Heritage Area; and
                            (ii) encouraging local governments to adopt 
                        land use policies consistent with the 
                        management of the Heritage Area and the goals 
                        of the management plan.
                    (B) Public meetings.--The local coordinating entity 
                shall conduct public meetings at least quarterly on the 
                implementation of the management plan.
    (f) Public Notice.--The local coordinating entity shall place a 
notice of each of its public meetings in a newspaper of general 
circulation in the Heritage Area and shall make the minutes of the 
meeting available to the public.
    (g) Annual Report.--For any year in which Federal funds have been 
made available under this Act, the local coordinating entity shall 
submit to the Secretary an annual report that describes--
            (1) the accomplishments of the local coordinating entity; 
        and
            (2) the expenses and income of the local coordinating 
        entity.
    (h) Audit.--The local coordinating entity shall--
            (1) make available to the Secretary for audit all records 
        relating to the expenditure of Federal funds and any matching 
        funds; and
            (2) require, with respect to all agreements authorizing 
        expenditure of Federal funds by other organizations, that the 
        receiving organizations make available to the Secretary for 
        audit all records concerning the expenditure of the Federal 
        funds and any matching funds.
    (I) Use of Federal Funds.--
            (1) In general.--The local coordinating entity shall not 
        use Federal funds made available under this Act to acquire real 
        property or an interest in real property.
            (2) Other sources.--Nothing in this Act precludes the local 
        coordinating entity from using Federal funds made available 
        under other Federal laws for any purpose for which the funds 
        are authorized to be used.

SEC. 5. TECHNICAL AND FINANCIAL ASSISTANCE; OTHER FEDERAL AGENCIES.

    (a) Technical and Financial Assistance.--
            (1) In general.--On the request of the local coordinating 
        entity, the Secretary may provide technical and financial 
        assistance for the development and implementation of the 
        management plan.
            (2) Priority for assistance.--In providing assistance under 
        paragraph (1), the Secretary shall give priority to actions 
        that assist in--
                    (A) conserving the significant cultural, historic, 
                and natural resources of the Heritage Area; and
                    (B) providing educational, interpretive, and 
                recreational opportunities consistent with the purposes 
                of the Heritage Area.
            (3) Spending for non-federal property.--The local 
        coordinating entity may expend Federal funds made available 
        under this Act on non-Federal property that--
                    (A) meets the criteria in the approved management 
                plan; or
                    (B) is listed or eligible for listing on the 
                National Register of Historic Places.
            (4) Other assistance.--The Secretary may enter into 
        cooperative agreements with public and private organizations to 
        carry out this subsection.
    (b) Other Federal Agencies.--Any Federal entity conducting or 
supporting an activity that directly affects the Heritage Area shall--
            (1) consider the potential effect of the activity on the 
        purposes of the Heritage Area and the management plan;
            (2) consult with the local coordinating entity regarding 
        the activity; and
            (3) to the maximum extent practicable, conduct or support 
        the activity to avoid adverse effects on the Heritage Area.
    (c) Other Assistance Not Affected.--This Act does not affect the 
authority of any Federal official to provide technical or financial 
assistance under any other law.
    (d) Notification of Other Federal Activities.--The head of each 
Federal agency shall provide to the Secretary and the local 
coordinating entity, to the extent practicable, advance notice of all 
activities that may have an impact on the Heritage Area.

SEC. 6. PRIVATE PROPERTY PROTECTION.

    (a) Access to Private Property.--Nothing in this Act shall be 
construed to require any private property owner to permit public access 
(including Federal, State, or local government access) to such private 
property. Nothing in this Act shall be construed to modify any 
provision of Federal, State, or local law with regard to public access 
to or use of private lands.
    (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 such private property.
    (c) Recognition of Authority to Control Land Use.--Nothing in this 
Act shall be construed to modify any authority of Federal, State, or 
local governments to regulate land use.
    (d) Participation of Private Property Owners in Heritage Areas.--
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.
    (e) Land Use Regulation.--
            (1) In general.--The local coordinating entity shall 
        provide assistance and encouragement to State and local 
        governments, private organizations, and persons to protect and 
        promote the resources and values of the Heritage Area.
            (2) Effect.--Nothing in this Act--
                    (A) affects the authority of the State or local 
                governments to regulate under law any use of land; or
                    (B) grants any power of zoning or land use to the 
                local coordinating entity.
    (f) Private Property.--
            (1) In general.--The local coordinating entity shall be an 
        advocate for land management practices consistent with the 
        purposes of the Heritage Area.
            (2) Effect.--Nothing in this Act--
                    (A) abridges the rights of any person with regard 
                to private property;
                    (B) affects the authority of the State or local 
                government regarding private property; or
                    (C) imposes any additional burden on any property 
                owner.
    (g) Requirements for Inclusion of Private Property.--
            (1) 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 for such 
        preservation, conservation, or promotion to the management 
        entity.
            (2) Landowner withdrawal.--Any owner of private property 
        included within the boundary of the Heritage Area shall have 
        their property immediately removed from the boundary by 
        submitting a written request to the management entity

SEC. 7. SAVINGS PROVISIONS.

    (a) Rules, Regulations, Standards, and Permit Processes.--Nothing 
in this Act shall be construed to impose any environmental, 
occupational, safety, or other rule, regulation, standard, or permit 
process in the Heritage Area that is different from those that would be 
applicable if the Heritage Area had not been established.
    (b) Water and Water Rights.--Nothing in this Act shall be construed 
to authorize or imply the reservation or appropriation of water or 
water rights.
    (c) No Diminishment of State Authority.--Nothing in this Act shall 
be construed to diminish the authority of the State to manage fish and 
wildlife, including the regulation of fishing and hunting within the 
Heritage Area.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated to carry 
out this Act $10,000,000, to remain available until expended, of which 
not more than $1,000,000 may be authorized to be appropriated 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 under this Act 
terminates on the date that is 15 years after the date of enactment of 
this Act.
                                                 Union Calendar No. 298

109th CONGRESS

  2d Session

                               H. R. 413

                          [Report No. 109-534]

_______________________________________________________________________

                                 A BILL

To establish the Bleeding Kansas and the Enduring Struggle for Freedom 
            National Heritage Area, and for other purposes.

_______________________________________________________________________

                             June 28, 2006

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed