Short title

This Act may be cited as the

Upper Housatonic Valley National Heritage Area Act

Findings and purposes

(a)Findings.—Congress finds the following: (1)The upper Housatonic Valley, encompassing 29 towns in the hilly terrain of western Massachusetts and northwestern Connecticut, is a singular geographical and cultural region that has made significant national contributions through its literary, artistic, musical, and architectural achievements, its iron, paper, and electrical equipment industries, and its scenic beautification and environmental conservation efforts. (2)The upper Housatonic Valley has 139 properties and historic districts listed on the National Register of Historic Places, including— (A)five National Historic Landmarks— (i)Edith Wharton’s home, The Mount, Lenox, Massachusetts; (ii)Herman Melville’s home, Arrowhead, Pittsfield, Massachusetts; (iii)W.E.B. DuBois’ Boyhood Homesite, Great Barrington, Massachusetts; (iv)Mission House, Stockbridge, Massachusetts; and (v)Crane and Company Old Stone Mill Rag Room, Dalton, Massachusetts; and (B)four National Natural Landmarks— (i)Bartholomew’s Cobble, Sheffield, Massachusetts, and Salisbury, Connecticut; (ii)Beckley Bog, Norfolk, Connecticut; (iii)Bingham Bog, Salisbury, Connecticut; and (iv)Cathedral Pines, Cornwall, Connecticut. (3)Writers, artists, musicians, and vacationers have visited the region for more than 150 years to enjoy its scenic wonders, making it one of the country’s leading cultural resorts. (4)The upper Housatonic Valley has made significant national cultural contributions through such writers as Herman Melville, Nathaniel Hawthorne, Edith Wharton, and W.E.B. DuBois, artists Daniel Chester French and Norman Rockwell, and the performing arts centers of Tanglewood, Music Mountain, Norfolk (Connecticut) Chamber Music Festival, Jacob’s Pillow, and Shakespeare & Company. (5)The upper Housatonic Valley is noted for its pioneering achievements in the iron, paper, and electrical generation industries and has cultural resources to interpret those industries. (6)The region became a national leader in scenic beautification and environmental conservation efforts following the era of industrialization and deforestation and maintains a fabric of significant conservation areas including the meandering Housatonic River. (7)Important historical events related to the American Revolution, Shays’ Rebellion, and early civil rights took place in the upper Housatonic Valley. (8)The region had an American Indian presence going back 10,000 years and Mohicans had a formative role in contact with Europeans during the seventeenth and eighteenth centuries. (9)The Upper Housatonic Valley National Heritage Area has been proposed in order to heighten appreciation of the region, preserve its natural and historical resources, and improve the quality of life and economy of the area. (b)Purposes.—The purposes of this Act are as follows: (1)To establish the Upper Housatonic Valley National Heritage Area in the State of Connecticut and the Commonwealth of Massachusetts. (2)To implement the national heritage area alternative as described in the document entitled Upper Housatonic Valley National Heritage Area Feasibility Study, 2003. (3)To provide a management framework to foster a close working relationship with all levels of government, the private sector, and the local communities in the upper Housatonic Valley region to conserve the region’s heritage while continuing to pursue compatible economic opportunities. (4)To assist communities, organizations, and citizens in the State of Connecticut and the Commonwealth of Massachusetts in identifying, preserving, interpreting, and developing the historical, cultural, scenic, and natural resources of the region for the educational and inspirational benefit of current and future generations.

Definitions

In this Act: (1)

Heritage area

The term Heritage Area means the Upper Housatonic Valley National Heritage Area, established in section 4. (2)

Management entity

The term Management Entity means the management entity for the Heritage Area designated by section 4(d). (3)

Management plan

The term Management Plan means the management plan for the Heritage Area specified in section 6. (4)

Map

The term map means the map entitled Boundary Map Upper Housatonic Valley National Heritage Area, numbered P17/80,000, and dated February 2003. (5)

Secretary

The term Secretary means the Secretary of the Interior. (6)

State

The term State means the State of Connecticut and the Commonwealth of Massachusetts.

Upper housatonic valley national heritage area

(a)

Establishment

There is established the Upper Housatonic Valley National Heritage Area. (b)

Boundaries

The Heritage Area shall be comprised of— (1)part of the Housatonic River’s watershed, which extends 60 miles from Lanesboro, Massachusetts to Kent, Connecticut; (2)the towns of Canaan, Colebrook, Cornwall, Kent, Norfolk, North Canaan, Salisbury, Sharon, and Warren in Connecticut; and (3)the towns of Alford, Becket, Dalton, Egremont, Great Barrington, Hancock, Hinsdale, Lanesboro, Lee, Lenox, Monterey, Mount Washington, New Marlboro, Pittsfield, Richmond, Sheffield, Stockbridge, Tyringham, Washington, and West Stockbridge in Massachusetts. (c)

Availability of Map

The map shall be on file and available for public inspection in the appropriate offices of the National Park Service, Department of the Interior. (d)

Management Entity

The Upper Housatonic Valley National Heritage Area, Inc. shall be the management entity for the Heritage Area.

Authorities, prohibitions, and duties of the management entity

(a)

Duties of the Management Entity

To further the purposes of the Heritage Area, the management entity shall— (1)prepare and submit a management plan for the Heritage Area to the Secretary in accordance with section 6; (2)assist units of local government, regional planning organizations, and nonprofit organizations in implementing the approved management plan by— (A)carrying out programs and projects that recognize, protect and enhance important resource values within the Heritage Area; (B)establishing and maintaining interpretive exhibits and programs within the Heritage Area; (C)developing recreational and educational opportunities in the Heritage Area; (D)increasing public awareness of and appreciation for natural, historical, scenic, and cultural resources of the Heritage Area; (E)protecting and restoring historic sites and buildings in the Heritage Area that are consistent with heritage area themes; (F)ensuring that signs identifying points of public access and sites of interest are posted throughout the Heritage Area; and (G)promoting a wide range of partnerships among governments, organizations and individuals to further the purposes of the Heritage Area; (3)consider the interests of diverse units of government, businesses, organizations and individuals in the Heritage Area in the preparation and implementation of the management plan; (4)conduct meetings open to the public at least semi-annually regarding the development and implementation of the management plan; (5)submit an annual report to the Secretary for any fiscal year in which the management entity receives Federal funds under this Act, setting forth its accomplishments, expenses, and income, including grants to any other entities during the year for which the report is made; (6)make available for audit for any fiscal year in which it receives Federal funds under this Act, all information pertaining to the expenditure of such funds and any matching funds, and require in all agreements authorizing expenditures of Federal funds by other organizations, that the receiving organizations make available for such audit all records and other information pertaining to the expenditure of such funds; and (7)encourage by appropriate means economic development that is consistent with the purposes of the Heritage Area. (b)

Authorities

The management entity may, for the purposes of preparing and implementing the management plan for the Heritage Area, use Federal funds made available through this Act to— (1)make grants to the State of Connecticut and the Commonwealth of Massachusetts, their political subdivisions, nonprofit organizations and other persons; (2)enter into cooperative agreements with or provide technical assistance to the State of Connecticut and the Commonwealth of Massachusetts, their subdivisions, nonprofit organizations, and other interested parties; (3)hire and compensate staff, which shall include individuals with expertise in natural, cultural, and historical resources protection, and heritage programming; (4)obtain money or services from any source including any that are provided under any other Federal law or program; (5)contract for goods or services; and (6)undertake to be a catalyst for any other activity that furthers the purposes of the Heritage Area and is consistent with the approved management plan. (c)

Prohibitions on the Acquisition of Real Property

The management entity may not use Federal funds received under this Act to acquire real property, but may use any other source of funding, including other Federal funding outside this authority, intended for the acquisition of real property.

Management plan

(a)

In General

The management plan for the Heritage Area shall— (1)include comprehensive policies, strategies and recommendations for conservation, funding, management and development of the Heritage Area; (2)take into consideration existing State, county, and local plans in the development of the management plan and its implementation; (3)include a description of actions that governments, private organizations, and individuals have agreed to take to protect the natural, historical and cultural resources of the Heritage Area; (4)specify the existing and potential sources of funding to protect, manage, and develop the Heritage Area in the first 5 years of implementation; (5)include an inventory of the natural, historical, cultural, educational, scenic, and recreational resources of the Heritage Area related to the themes of the Heritage Area that should be preserved, restored, managed, developed, or maintained; (6)describe a program of implementation for the management plan including plans for resource protection, restoration, construction, and specific commitments for implementation that have been made by the management entity or any government, organization, or individual for the first 5 years of implementation; and (7)include an interpretive plan for the Heritage Area. (b)

Deadline and Termination of Funding

(1)

Deadline

The management entity shall submit the management plan to the Secretary for approval within 3 years after funds are made available for this Act. (2)

Termination of funding

If the management plan is not submitted to the Secretary in accordance with this subsection, the management entity shall not qualify for Federal funding under this Act until such time as the management plan is submitted to the Secretary.

Duties and authorities of the secretary

(a)

Technical and Financial Assistance

The Secretary may, upon the request of the management entity, provide technical assistance on a reimbursable or non-reimbursable basis and financial assistance to the Heritage Area to develop and implement the approved management plan. The Secretary is authorized to enter into cooperative agreements with the management entity and other public or private entities for this purpose. In assisting the Heritage Area, the Secretary shall give priority to actions that in general assist in— (1)conserving the significant natural, historical, cultural, and scenic resources of the Heritage Area; and (2)providing educational, interpretive, and recreational opportunities consistent with the purposes of the Heritage Area. (b)

Approval and Disapproval of Management Plan

(1)

In general

The Secretary shall approve or disapprove the management plan not later than 90 days after receiving the management plan. (2)

Criteria for approval

In determining the approval of the management plan, the Secretary shall consider whether— (A)the management entity is representative of the diverse interests of the Heritage Area, including governments, natural and historic resource protection organizations, educational institutions, businesses, and recreational organizations; (B)the management entity has afforded adequate opportunity, including public hearings, for public and governmental involvement in the preparation of the management plan; (C)the resource protection and interpretation strategies contained in the management plan, if implemented, would adequately protect the natural, historical, and cultural resources of the Heritage Area; and (D)the management plan is supported by the appropriate State and local officials whose cooperation is needed to ensure the effective implementation of the State and local aspects of the management plan. (3)

Action following disapproval

If the Secretary disapproves the management plan, the Secretary shall advise the management entity in writing of the reasons therefore and shall make recommendations for revisions to the management plan. The Secretary shall approve or disapprove a proposed revision within 60 days after the date it is submitted. (4)

Approval of amendments

Substantial amendments to the management plan shall be reviewed by the Secretary and approved in the same manner as provided for the original management plan. The management entity shall not use Federal funds authorized by this Act to implement any amendments until the Secretary has approved the amendments.

Duties of other federal agencies

Any Federal agency conducting or supporting activities directly affecting the Heritage Area shall— (1)consult with the Secretary and the management entity with respect to such activities; (2)cooperate with the Secretary and the management entity in carrying out their duties under this Act and, to the maximum extent practicable, coordinate such activities with the carrying out of such duties; and (3)to the maximum extent practicable, conduct or support such activities in a manner which the management entity determines will not have an adverse effect on the Heritage Area.

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 for such preservation, conservation, or promotion to the management entity. (b)

Landowner Withdraw

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.

10.

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 such private property. (c)

Recognition of Authority to Control Land Use

Nothing in this Act shall be construed to modify the authority of Federal, State, or local governments to regulate land use. (d)

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. (e)

Effect of Establishment

The boundaries designated for the Heritage Area represent the area within which Federal funds appropriated for the purpose of this Act may be expended. The establishment of the Heritage Area and its boundaries shall not be construed to provide any nonexisting regulatory authority on land use within the Heritage Area or its viewshed by the Secretary, the National Park Service, or the management entity.

11.

Authorization of appropriations

(a)

In General

There is authorized to be appropriated for the purposes of this Act not more than $1,000,000 for any fiscal year. Not more than a total of $10,000,000 may be appropriated for the Heritage Area under this Act. (b)

Matching Funds

Federal funding provided under this Act may not exceed 50 percent of the total cost of any assistance or grant provided or authorized under this Act.

12.

Sunset

The authority of the Secretary to provide assistance under this Act shall terminate on the day occurring 15 years after the date of the enactment of this Act.