[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 938 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 938

To establish the Upper Housatonic Valley National Heritage Area in the 
  State of Connecticut and the Commonwealth of Massachusetts, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 17, 2005

Mrs. Johnson of Connecticut (for herself and Mr. Olver) introduced the 
    following bill; which was referred to the Committee on Resources

_______________________________________________________________________

                                 A BILL


 
To establish the Upper Housatonic Valley National Heritage Area in the 
  State of Connecticut and the Commonwealth of Massachusetts, 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 ``Upper Housatonic Valley National 
Heritage Area Act''.

SEC. 2. 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.

SEC. 3. 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.

SEC. 4. 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.

SEC. 5. 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.

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 
        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.

SEC. 7. 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.

SEC. 8. 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.

SEC. 9. 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.

SEC. 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.

SEC. 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.

SEC. 12. SUNSET.

    The authority of the Secretary to provide assistance under this Act 
shall terminate on the day occurring 15 years after funds are first 
made available for this Act.
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