1.This Act may be cited as the
Northern Plains National Heritage Area
Act
.
2.
(a)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)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.
3.In this Act:
(1)The term Board means the Board
of Directors of the Northern Plains Heritage Foundation.
(2)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)The term Heritage
Area means the Northern Plains National Heritage Area established by
section 4(a).
(4)The term
management entity means the management entity for the Heritage
Area designated by section 4(d).
(5)The term
management plan means the management plan for the Heritage Area
developed under section 6.
(6)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)The term Secretary means the
Secretary of the Interior.
(8)The term State
means the
State of North Dakota.
(9)The term
technical assistance means any guidance, advice, help, or aid,
other than financial assistance, provided by the Secretary.
4.Northern plains
national heritage area
(a)There is established in the State the
Northern Plains National Heritage Area.
(b)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)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)The management entity
for the Heritage Area shall be the Northern Plains Heritage Foundation, a
nonprofit corporation established under the laws of the State.
5.Authorities and duties
of the management entity
(a)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)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)
(1)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)Nothing in this Act
precludes the management entity from using Federal funds from other sources for
authorized purposes.
6.
(a)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)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)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)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 disapprovalIf 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)
(1)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)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.
7.Technical and
financial assistance; other Federal agencies
(a)Technical and
financial assistance
(1)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)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)The Secretary may
enter into cooperative agreements with the management entity and other public
or private entities to provide assistance under paragraph (1).
(b)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.
8.Requirements for
inclusion of private property
(a)Notification
and consent of property owners requiredNo 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)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.
9.Private property
protection
(a)Access to
private propertyNothing 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)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 useNothing 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 areaNothing 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)
(1)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)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.
10.Authorization of
appropriations
(a)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)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.
11.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.