[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5930 Introduced in House (IH)]








109th CONGRESS
  2d Session
                                H. R. 5930

 To establish the Muscle Shoals National Heritage Area in the State of 
                    Alabama, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 27, 2006

  Mr. Cramer introduced the following bill; which was referred to the 
                         Committee on Resources

_______________________________________________________________________

                                 A BILL


 
 To establish the Muscle Shoals National Heritage Area in the State of 
                    Alabama, 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 ``Muscle Shoals National Heritage Area 
Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The Muscle Shoals area in Northwest Alabama is a region 
        rich in natural and cultural history.
            (2) The Muscle Shoals area is defined by its distinctive 
        geography, especially the Wilson Dam, a National Historic 
        Landmark.
            (3) The Muscle Shoals National Heritage Area feasibility 
        study includes the counties of Colbert, Franklin, Lauderdale, 
        Lawrence, Limestone, and Morgan, in Northwest Alabama.
            (4) Muscle Shoals is the birthplace of the Tennessee Valley 
        Authority, notable for power generation and the creation of 
        recreational lakes.
            (5) The Tennessee River at Muscle Shoals is important in 
        having shaped western expansion and cultural development of the 
        United States.
            (6) The Muscle Shoals area drew the remarkable military and 
        entrepreneurial service of the General Wheeler family.
            (7) The Muscle Shoals area was the birthplace of Helen 
        Keller, a celebrated symbol of inspiration for persons 
        overcoming disabilities.
            (8) The Muscle Shoals area was the home of William 
        Christopher ``W.C.'' Handy, the first musician to identify, 
        arrange, publish, and popularize the ``blues'' musical genre.
            (9) The world-renowned ``Muscle Shoals sound'' left an 
        indelible impression on the development of music in the United 
        States.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Heritage area.--The term ``Heritage Area'' means the 
        Muscle Shoals National Heritage Area, established in section 4.
            (2) Local coordinating entity.--The term ``local 
        coordinating entity'' means the local coordinating 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 
        5.
            (4) Map.--The term ``map'' means the map titled ``Boundary 
        Map Muscle Shoals National Heritage Area-Alternative ____'', 
        numbered ___, and dated_____.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (6) State.--The term ``State'' means the State of Alabama.

SEC. 4. MUSCLE SHOALS NATIONAL HERITAGE AREA.

    (a) Establishment.--There is established the Muscle Shoals National 
Heritage Area.
    (b) Boundaries.--The National Heritage Area shall be comprised of--
            (1) the counties of Colbert, Franklin, Lauderdale, 
        Lawrence, Limestone, and Morgan;
            (2) the Wilson Dam;
            (3) the Handy Home; and
            (4) the Helen Keller birthplace.
    (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) Local Coordinating Entity.--The Muscle Shoals Regional Center 
shall be the local coordinating entity for the Heritage Area.

SEC. 5. LOCAL COORDINATING ENTITY.

    (a) In General.--The local coordinating entity shall be governed by 
a board of directors composed of at least 6 members, one resident from 
each of Colbert, Lauderdale, Franklin, Lawrence, Morgan, and Limestone 
counties, Alabama, the counties included in the Muscle Shoals National 
Heritage.
    (b) Duties.--To further the purposes of the Heritage Area, the 
local coordinating 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 clear, consistent, and 
                appropriate 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 local coordinating entity receives Federal 
        funds under this Act specifying--
                    (A) the specific performance goals and 
                accomplishments of the local coordinating entity;
                    (B) the expenses and income of the local 
                coordinating entity;
                    (C) the amounts and sources of matching funds;
                    (D) the amounts leveraged with Federal funds and 
                sources of the leveraging; and
                    (E) grants made to any other entities during the 
                fiscal year;
            (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 viability that 
        is consistent with the purposes of the Heritage Area.
    (c) Authorities.--The local coordinating 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 Alabama, its political 
        subdivisions, nonprofit organizations, and other persons;
            (2) enter into cooperative agreements with or provide 
        technical assistance to the State of Alabama, its political 
        jurisdictions, nonprofit organizations, Federal agencies, and 
        other interested parties;
            (3) hire and compensate staff, which shall include 
        individuals with expertise in natural, cultural, and historical 
        resources protection, economic and community development, and 
        heritage planning;
            (4) obtain funds 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) support activities of partners and any other activities 
        that further the purposes of the Heritage Area and that are 
        consistent with the approved management plan.
    (d) Prohibitions on the Acquisition of Real Property.--The local 
coordinating 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.

SEC. 6. 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 
        or economic development strategies to protect, manage, and 
        develop the Heritage Area;
            (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) recommend policies and strategies for resource 
        management that consider and detail the application of 
        appropriate land and water management techniques including, but 
        not limited to, the development of intergovernmental and 
        interagency cooperative agreements to protect the Heritage 
        Area's natural, historical, cultural, educational, scenic, and 
        recreational resources;
            (7) describe a program of implementation for the management 
        plan, including performance goals, plans for resource 
        protection, restoration, interpretation, enhancement, 
        management, and development, and specific commitments for 
        implementation that have been made by the local coordinating 
        entity or any government, organization, or individual;
            (8) include an analysis and recommendations for ways in 
        which local, State, and Federal programs, including the role of 
        the National Park Service in the Heritage Area, may best be 
        coordinated to further the purposes of this Act;
            (9) include an interpretive plan for the Heritage Area; and
            (10) include a business plan that--
                    (A) describes the role, operation, financing, and 
                functions of the local coordinating entity and of each 
                of the major activities contained in the management 
                plan; and
                    (B) provides adequate assurances that the local 
                coordinating entity has the partnerships and financial 
                and other resources necessary to implement the 
                management plan for the Heritage Area.
    (b) Deadline and Termination of Funding.--
            (1) Deadline.--The local coordinating 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 local coordinating entity shall not qualify for Federal 
        funding under this Act until such time as the management plan 
        is submitted to and approved by the Secretary.

SEC. 7. DUTIES AND AUTHORITIES OF THE SECRETARY.

    (a) Technical and Financial Assistance.--
            (1) In general.--The Secretary may, upon the request of the 
        local coordinating entity, provide technical and financial 
        assistance on a reimbursable or non-reimbursable basis (as 
        determined by the Secretary) to the Heritage Area to develop 
        and implement the approved management plan. The Secretary is 
        authorized to enter into cooperative agreements with the local 
        coordinating entity and other public or private entities for 
        this purpose.
            (2) Priority actions.--In assisting the Heritage Area, the 
        Secretary shall give priority to actions that in general assist 
        in--
                    (A) conserving the significant natural, historical, 
                cultural, and scenic resources of the Heritage Area; 
                and
                    (B) 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 180 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 local coordinating 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 local coordinating entity has afforded 
                adequate opportunity for public and governmental 
                involvement, including public hearings, 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;
                    (D) the Secretary has received adequate assurances 
                from the appropriate State and local officials whose 
                support is needed to ensure the effective 
                implementation of the State and local aspects of the 
                management plan; and
                    (E) the local coordinating entity has demonstrated 
                the financial capability, in partnership with others, 
                to carry out the plan.
            (3) Action following disapproval.--If the Secretary 
        disapproves the management plan, the Secretary shall advise the 
        local coordinating 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 180 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 local coordinating entity shall not use Federal funds 
        authorized by this Act to implement any amendments until the 
        Secretary has approved the amendments.

SEC. 8. RELATIONSHIP TO OTHER FEDERAL AGENCIES.

    (a) In General.--This Act shall not affect the authority of any 
Federal official to provide technical or financial assistance under any 
other law.
    (b) Consultation and Coordination.--The head of any Federal agency 
planning to conduct activities that may have an impact on the Heritage 
Area is encouraged to consult and coordinate the activities with the 
Secretary and the local coordinating entity to the extent practicable.
    (c) Other Federal Agencies.--Nothing in this Act--
            (1) modifies, alters, or amends any law or regulation 
        authorizing a Federal agency to manage Federal land under the 
        jurisdiction of the Federal agency;
            (2) limits the discretion of a Federal land manager to 
        implement an approved land use plan within the boundaries of 
        the Heritage Area; or
            (3) modifies, alters, or amends any authorized use of 
        Federal land under the jurisdiction of a Federal agency.

SEC. 9. PROPERTY OWNERS AND REGULATORY PROTECTIONS.

    Nothing in this Act shall be construed to--
            (1) abridge the rights of any property owner, whether 
        public or private, including the right to refrain from 
        participating in any plan, project, program, or activity 
        conducted within the Heritage Area;
            (2) require any property owner to permit public access 
        (including Federal, Tribal, State, or local government access) 
        to such property or to modify provisions of Federal, Tribal, 
        State, or local law with regard to public access or use of 
        private lands;
            (3) alters any duly adopted land use regulations or 
        approved land use plan or any other regulatory authority of any 
        Federal, State, or local agency, or Tribal government or to 
        convey any land-use or other regulatory authority to any local 
        coordinating entity;
            (4) authorizes or imply the reservation or appropriation of 
        water or water rights;
            (5) diminish the authority of the State to manage fish and 
        wildlife including the regulation of fishing and hunting within 
        the Heritage Area; or
            (6) creates any liability, or affects any liability under 
        any other law, of any private property owner with respect to 
        any persons injured on such private property.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated for the 
purposes of this Act $10,000,000, of which not more than $1,000,000 
shall be made available for any fiscal year.
    (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.
    (c) Administrative Costs.--The local coordinating entity may not 
expend more than 15 percent of funds made available under this Act for 
administrative costs.

SEC. 11. 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. 12. SUNSET.

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