[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1544 Introduced in Senate (IS)]








109th CONGRESS
  1st Session
                                S. 1544

To establish the Northern Plains National Heritage Area in the State of 
                 North Dakota, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 28, 2005

  Mr. Dorgan introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
To establish the Northern Plains National Heritage Area in the State of 
                 North Dakota, 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 ``Northern Plains National Heritage 
Area Act''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds that--
            (1) the scenic breaks of North Dakota's Missouri valley 
        overlook a rich agricultural tradition stretching back 1,000 
        years;
            (2) along the length of the remaining free-flowing Missouri 
        River in the State of North Dakota, from Huff National Landmark 
        to the south to the Knife River Indian Villages National 
        Historic Site to the north, the area encompasses the ancient 
        homeland of the Mandan and Hidatsa tribes;
            (3) while farming methods have changed, the agricultural 
        traditions and the scenic, cultural, and historic values of the 
        area remain;
            (4) the same attributes of geography and climate that 
        attracted the Mandan and Hidatsa to the area later appealed to 
        homesteading farmers and ranchers and the energy industry, all 
        of whom benefitted from the natural resources of the land;
            (5) in addition to agriculture, Mandan-Hidatsa culture 
        depended on fishing and wildlife;
            (6) the Missouri Valley remains a haven for geese, 
        walleyes, turkeys, and white-tails;
            (7) endangered species like the piping plover and the least 
        tern, rarities for birdwatchers' lifetime lists, depend on the 
        free-flowing sandbars of the Missouri River;
            (8) pallid sturgeon swim below the surface of the Missouri 
        River, while once-endangered species like the bald eagle, a 
        symbol of significance to Native Americans and other people in 
        the United States, have made a recovery along the Missouri 
        River;
            (9) in addition to being the home of the rich and ancient 
        cultures of Indian tribes, the Missouri Valley was part of the 
        expedition commanded by Meriwether Lewis and William Clark, 
        commonly known as ``The Corps of Discovery'', which was one of 
        the most remarkable and productive scientific and military 
        exploring expeditions in the history of the United States;
            (10) President Thomas Jefferson gave Lewis and Clark the 
        mission to ``. . . explore the Missouri River and such 
        principal stream of it, as, by its course and communication 
        with the waters of the Pacific ocean, whether the Columbia, 
        Oregon, Colorado or any other river may offer the most direct 
        and practicable water communication across this continent for 
        the purposes of commerce ...'';
            (11) the Lewis and Clark expedition, in response to the 
        directive of President Jefferson, greatly advanced our 
        geographical knowledge of the continent and prepared the way 
        for the extension of the American fur trade with Indian tribes 
        throughout the area;
            (12) while Lewis and Clark and their companions began the 
        historic journey to explore the uncharted wilderness west of 
        the Mississippi River on May 14, 1804, the expedition spent the 
        first winter at Fort Mandan, North Dakota;
            (13) the Lewis and Clark expedition significantly enhanced 
        amicable relations between the United States and the autonomous 
        Indian tribes;
            (14) the friendship and respect fostered between the Indian 
        tribes and the Lewis and Clark expedition represents the best 
        of diplomacy and relationships between divergent nations and 
        cultures;
            (15) with the commemoration of the 200th anniversary of the 
        Lewis and Clark expedition, the preservation of properties 
        nationally significant in the history of westward expansion is 
        an important goal for the future education of the people of the 
        United States;
            (16) the cultural heritage of the Missouri River area in 
        the State of North Dakota includes the social history and 
        living cultural traditions of several generations;
            (17) the Department of the Interior is responsible for 
        protecting and interpreting the cultural and historic resources 
        of the United States;
            (18) there are enough significant examples of cultural and 
        historic resources within the State of North Dakota to merit 
        the involvement of the Federal Government in developing 
        programs and projects in cooperation with the Northern Plains 
        Heritage Foundation, the State, and other local and 
        governmental entities to adequately conserve, protect, and 
        interpret the heritage of the area for the educational and 
        recreational benefit of present and future generations, while 
        providing opportunities for education and revitalization;
            (19) a western expansion, native cultures heritage area 
        centered in western North Dakota is a suitable and feasible 
        management option to--
                    (A) increase collaboration;
                    (B) promote heritage tourism; and
                    (C) build on the established partnerships among 
                historic preservation organizations in the State of 
                North Dakota;
            (20) a congressionally established heritage area and the 
        support of the National Park Service and other Federal agencies 
        is critical to the preservation of the historic resources in 
        western North Dakota;
            (21) the Northern Plains Heritage Foundation would be an 
        appropriate management entity to oversee the development of the 
        Northern Plains National Heritage Area;
            (22) the State, local governments, and private sector 
        interests--
                    (A) have embraced the heritage area concept; and
                    (B) desire to enter into a partnership with the 
                Federal Government to preserve, protect, and develop 
                the Heritage Area for public benefit; and
            (23) the Heritage Area would complement and enhance the 
        Lewis and Clark-related resources within the National Park 
        Service, especially the Knife River Indian Villages National 
        Historical Site.
    (b) Purpose.--The purpose of this Act is to establish the Heritage 
Area--
            (1) to encourage and facilitate collaboration among the 
        facilities, sites, organizations, governmental entities, and 
        educational institutions within the Heritage Area to--
                    (A) promote heritage tourism; and
                    (B) develop educational and cultural programs for 
                the public;
            (2) to preserve and interpret for the educational and 
        inspirational benefit of present and future generations the 
        unique and significant contributions to the heritage of the 
        United States of certain historic and cultural land, 
        structures, facilities, and sites within the Heritage Area;
            (3) to encourage within the Heritage Area a broad range of 
        economic opportunities enhancing the quality of life for 
        present and future generations;
            (4) to provide a management framework to assist the State, 
        political subdivisions of the State, other areas, and private 
        organizations in--
                    (A) preparing and implementing an integrated 
                management plan to conserve the Heritage Area; and
                    (B) developing policies and programs that will 
                preserve, enhance, and interpret the cultural, 
                historical, natural, recreation, and scenic resources 
                of the Heritage Area; and
            (5) to authorize the Secretary to provide financial and 
        technical assistance to the State, political subdivisions of 
        the State, and private organizations in preparing and 
        implementing the management plan.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Board.--The term ``Board'' means the Board of Directors 
        of the Northern Plains Heritage Foundation.
            (2) Financial assistance.--The term ``financial 
        assistance'' means amounts appropriated by Congress and made 
        available to the management entity for the purpose of preparing 
        and implementing the management plan.
            (3) Heritage area.--The term ``Heritage Area'' means the 
        Northern Plains National Heritage Area established by section 
        4(a).
            (4) Management entity.--The term ``management entity'' 
        means the management entity for the Heritage Area designated by 
        section 4(d).
            (5) Management plan.--The term ``management plan'' means 
        the management plan for the Heritage Area developed under 
        section 6.
            (6) Partner.--The term ``partner'' means a Federal, State, 
        or local governmental entity, organization, private industry, 
        educational institution, or individual involved in promoting 
        the conservation and preservation of the cultural and natural 
        resources of the Heritage Area.
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (8) State.--The term ``State'' means the State of North 
        Dakota.
            (9) Technical assistance.--The term ``technical 
        assistance'' means any guidance, advice, help, or aid, other 
        than financial assistance, provided by the Secretary.

SEC. 4. NORTHERN PLAINS NATIONAL HERITAGE AREA.

    (a) Establishment.--There is established in the State the Northern 
Plains National Heritage Area.
    (b) Boundaries.--The Heritage Area shall consist of--
            (1) a core area consisting of resources in Burleigh, 
        Morton, Oliver, Mercer, and McLean Counties in North Dakota; 
        and
            (2) any sites, buildings, and districts within the core 
        area recommended for inclusion in the Heritage Area by the 
        management plan.
    (c) Map.--A map of the Heritage Area shall be--
            (1) included in the management plan; and
            (2) on file in the appropriate offices of the National Park 
        Service.
    (d) Management Entity.--The management entity for the Heritage Area 
shall be the Northern Plains Heritage Foundation, a nonprofit 
corporation established under the laws of the State.

SEC. 5. AUTHORITIES AND DUTIES OF THE MANAGEMENT ENTITY.

    (a) Authorities.--For purposes of implementing the management plan, 
the management entity may use amounts made available under this Act 
to--
            (1) make grants to, and enter into cooperative agreements 
        with, the State, political subdivisions of the State, private 
        organizations, or any person;
            (2) hire and compensate staff; and
            (3) contract for goods and services.
    (b) Duties.--The management entity shall--
            (1) in accordance with section 6, develop and submit to the 
        Secretary for approval the proposed management plan;
            (2) give priority to implementing actions covered by the 
        management plan, including assisting units of government and 
        nonprofit organizations in preserving resources within the 
        Heritage Area;
            (3) in developing and implementing the management plan, 
        consider the interests of diverse governmental, business, and 
        nonprofit groups within the Heritage Area;
            (4) maintain a collaboration among the partners to--
                    (A) promote heritage tourism; and
                    (B) assist partners in developing educational and 
                cultural programs for the public;
            (5) encourage economic viability in the Heritage Area that 
        is consistent with the goals of the management plan;
            (6) assist units of government and nonprofit organizations 
        in--
                    (A) establishing and maintaining interpretive 
                exhibits in the Heritage Area;
                    (B) developing recreational resources in the 
                Heritage Area;
                    (C) increasing public awareness of and appreciation 
                for the historical, natural, and architectural 
                resources and sites in the Heritage Area; and
                    (D) restoring historic buildings that relate to the 
                purposes of the Heritage Area;
            (7) conduct public meetings at least quarterly regarding 
        the implementation of the management plan;
            (8) submit to the Secretary substantial amendments to the 
        management plan for approval; and
            (9) for any year in which Federal funds have been received 
        under this Act--
                    (A) submit an annual report to the Secretary that 
                describes the accomplishments, expenses, and income of 
                the management entity;
                    (B) make available to the Secretary for audit all 
                records relating to the expenditure of the funds and 
                any matching funds; and
                    (C) require, with respect to all agreements 
                authorizing expenditure of Federal funds by other 
                organizations, that the organizations receiving the 
                funds make available to the Secretary for audit all 
                records concerning the expenditure of the funds.
    (c) Use of Federal Funds.--
            (1) In general.--The management entity shall not use 
        Federal funds made available to the management entity under 
        this Act to acquire real property or an interest in real 
        property.
            (2) Other sources.--Nothing in this Act precludes the 
        management entity from using Federal funds from other sources 
        for authorized purposes.

SEC. 6. MANAGEMENT PLAN.

    (a) In General.--Not later than 3 years after the date of enactment 
of this Act, the management entity shall submit to the Secretary for 
approval a proposed management plan for the Heritage Area.
    (b) Requirements.--The management plan shall--
            (1) incorporate an integrated and cooperative approach for 
        the protection, enhancement, and interpretation of the natural, 
        cultural, historic, scenic, and recreational resources of the 
        Heritage Area;
            (2) take into consideration State and local plans;
            (3) involve residents, public agencies, and private 
        organizations in the Heritage Area; and
            (4) include--
                    (A) an inventory of--
                            (i) the resources located the in core area 
                        described in section 4(b)(1); and
                            (ii) any other property in the core area 
                        that--
                                    (I) is related to the themes of the 
                                Heritage Area; and
                                    (II) should be preserved, restored, 
                                managed, or maintained because of the 
                                significance of the property;
                    (B) an assessment of cultural landscapes within the 
                Heritage Area;
                    (C) provisions for the protection, interpretation, 
                and enjoyment of the resources of the Heritage Area 
                consistent with the purposes of this Act;
                    (D) an interpretation plan for the Heritage Area;
                    (E) a program for the implementation of the 
                management plan by the management entity that includes 
                a description of--
                            (i) actions to facilitate ongoing 
                        collaboration among the partners to--
                                    (I) promote heritage tourism; and
                                    (II) develop educational and 
                                cultural programs for the public;
                            (ii) actions to assist partners with 
                        planning for restoration and construction; and
                            (iii) specific commitments of the partners 
                        for the first 5 years of operation;
                    (F) the identification of sources of funding for 
                implementing the management plan; and
                    (G) a description and evaluation of the management 
                entity, including the membership and organizational 
                structure of the management entity.
    (c) Deadline.--If a proposed management plan is not submitted to 
the Secretary by the date that is 3 years after the date of the 
enactment of this Act, the management entity shall be ineligible to 
receive additional funding under this Act until the date on which the 
Secretary receives the proposed management plan.
    (d) Approval or Disapproval of Management Plan.--
            (1) In general.--Not later than 90 days after the date of 
        receipt of the management plan under subsection (a), the 
        Secretary, in consultation with the State, shall approve or 
        disapprove the management plan.
            (2) Action following disapproval.--If the Secretary 
        disapproves the management plan under paragraph (1), the 
        Secretary shall--
                    (A) advise the management entity in writing of the 
                reasons for the disapproval;
                    (B) make recommendations for revisions to the 
                management plan; and
                    (C) not later than 90 days after the receipt of any 
                proposed revision of the management plan from the 
                management entity, approve or disapprove the proposed 
                revision.
    (e) Amendments.--
            (1) In general.--The Secretary shall approve or disapprove 
        each amendment to the management plan that the Secretary 
        determines may make a substantial change to the management 
        plan.
            (2) Use of funds.--Funds made available under this Act 
        shall not be expended by the management entity to implement an 
        amendment described in paragraph (1) until the Secretary 
        approves the amendment.

SEC. 7. TECHNICAL AND FINANCIAL ASSISTANCE; OTHER FEDERAL AGENCIES.

    (a) Technical and Financial Assistance.--
            (1) In general.--On request of the management entity, the 
        Secretary may provide technical assistance, on a reimbursable 
        or nonreimbursable basis, and financial assistance, to the 
        Heritage Area 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, 
                natural, and scenic resources of the Heritage Area; and
                    (B) providing educational, interpretive, and 
                recreational opportunities consistent with the purposes 
                of the Heritage Area.
            (3) Cooperative agreements.--The Secretary may enter into 
        cooperative agreements with the management entity and other 
        public or private entities to provide assistance under 
        paragraph (1).
    (b) Other Federal Agencies.--Any Federal agency conducting or 
supporting an activity that directly affects the Heritage Area shall--
            (1) consult with the Secretary and the management entity 
        regarding the activity;
            (2)(A) cooperate with the Secretary and the management 
        entity in carrying out the duties of the Federal agency under 
        this Act; and
            (B) to the maximum extent practicable, coordinate the 
        activity with the carrying out of those duties; and
            (3) to the maximum extent practicable, conduct the activity 
        in a manner that the management entity determines will not have 
        an adverse effect on the Heritage Area.

SEC. 8. 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--
            (1) the management entity notifies the owner of the private 
        property in writing; and
            (2) the owner of the private property provides to the 
        management entity written consent for the preservation, 
        conservation, or promotion.
    (b) Landowner Withdrawal.--Private property included within the 
boundary of the Heritage Area shall immediately be withdrawn from the 
Heritage Area if the owner of the property submits a written request to 
the management entity.

SEC. 9. PRIVATE PROPERTY PROTECTION.

    (a) Access to Private Property.--Nothing in this Act--
            (1) requires any private property owner to allow public 
        access (including Federal, State, or local government access) 
        to the private property; or
            (2) modifies 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 impose 
any liability on, or to have any effect on any liability under any 
other law of, any private property owner with respect to any persons 
injured on the private property.
    (c) Recognition of Authority To Control Land Use.--Nothing in this 
Act modifies the authority of the Federal Government or State or local 
governments to regulate land use.
    (d) Participation of Private Property Owners in Heritage Area.--
Nothing in this Act requires 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.--
            (1) In general.--The boundaries designated for the Heritage 
        Area represent the area within which Federal funds made 
        available to carry out this Act may be expended.
            (2) Regulatory authority.--The establishment of the 
        Heritage Area and the boundaries of the Heritage Area do not 
        provide any regulatory authority that would not otherwise exist 
        to govern land use within the Heritage Area or the viewshed of 
        the Heritage Area by the Secretary, the National Park Service, 
        or the management entity.

SEC. 10. 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 may be 
appropriated for any fiscal year.
    (b) Cost-Sharing Requirement.--The Federal share of the cost of any 
activity carried out using any assistance made available under this Act 
shall be not more than 50 percent.

SEC. 11. 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 on which funds 
are first made available to carry out this Act.
                                 <all>