[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 175 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                 S. 175

To establish the Bleeding Kansas and the Enduring Struggle for Freedom 
            National Heritage Area, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES



 Mr. Brownback (for himself and Mr. Roberts) introduced the following 
bill; which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL


 
To establish the Bleeding Kansas and the Enduring Struggle for Freedom 
            National Heritage Area, 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 ``Bleeding Kansas National Heritage 
Area Act''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds the following:
            (1) The Bleeding Kansas National Heritage Area is a 
        cohesive assemblage of natural, historic, cultural, and 
        recreational resources that--
                    (A) together represent distinctive aspects of 
                American heritage worthy of recognition, conservation, 
                interpretation, and continuing use;
                    (B) are best managed through partnerships between 
                private and public entities; and
                    (C) will build upon the Kansas rural development 
                policy and the new homestead act to recognize inherent 
                strengths of small towns and rural communities--close-
                knit communities, strong local business networks, and a 
                tradition of entrepreneurial creativity.
            (2) The Bleeding Kansas National Heritage Area reflects 
        traditions, customs, beliefs, folk life, or some combination 
        thereof, that are a valuable part of the heritage of the United 
        States.
            (3) The Bleeding Kansas National Heritage Area provides 
        outstanding opportunities to conserve natural, cultural, or 
        historic features, or some combination thereof.
            (4) The Bleeding Kansas National Heritage Area provides 
        outstanding recreational and interpretive opportunities.
            (5) The Bleeding Kansas National Heritage Area has an 
        identifiable theme, and resources important to the theme retain 
        integrity capable of supporting interpretation.
            (6) Residents, nonprofit organizations, other private 
        entities, and units of local government throughout the Bleeding 
        Kansas National Heritage Area demonstrate support for 
        designation of the Bleeding Kansas National Heritage Area as a 
        national heritage area and for management of the Bleeding 
        Kansas National Heritage Area as appropriate for such 
        designation.
            (7) Capturing these interconnected stories through 
        partnerships with National Park Service sites, Kansas State 
        Historical Society sites, local organizations, and citizens 
        will augment the story opportunities within the prospective 
        boundary for the educational and recreational benefit of this 
        and future generations of Americans.
            (8) Communities throughout this region know the value of 
        their Bleeding Kansas legacy, but require expansion of the 
        existing cooperative framework to achieve key preservation, 
        education, and other significant goals by working more closely 
        together.
            (9) The State of Kansas officially recognized the national 
        significance of the Bleeding Kansas story when it designated 
        the heritage area development as a significant strategic goal 
        within the statewide economic development plan.
            (10) Territorial Kansas Heritage Alliance is a nonprofit 
        corporation created for the purposes of preserving, 
        interpreting, developing, promoting and, making available to 
        the public the story and resources related to the story of 
        Bleeding Kansas and the Enduring Struggle for Freedom.
            (11) Territorial Kansas Heritage Alliance has completed a 
        study that--
                    (A) describes in detail the role, operation, 
                financing, and functions of Territorial Kansas Heritage 
                Alliance, the management entity; and
                    (B) provides adequate assurances that Territorial 
                Kansas Heritage Alliance, the management entity, is 
                likely to have the financial resources necessary to 
                implement the management plan for the Heritage Area, 
                including resources to meet matching requirement for 
                grants.
            (12) There are at least 7 National Historic Landmarks, 32 
        National Register properties, 3 Kansas Register properties, and 
        7 properties listed on the National Underground Railroad 
        Network to Freedom that contribute to the Heritage Area as well 
        as other significant properties that have not been designated 
        at this time.
            (13) There is an interest in interpreting all sides of the 
        Bleeding Kansas story that requires further work with several 
        counties in Missouri interested in joining the area.
            (14) In 2004, the State of Kansas commemorated the 
        Sesquicentennial of the signing of the Kansas-Nebraska Act, 
        opening the territory to settlement.
    (b) Purposes.--The purposes of this Act are as follows:
            (1) To designate a region in eastern Kansas and western 
        Missouri containing nationally important natural, historic, and 
        cultural resources and recreational and educational 
        opportunities that are geographically assembled and 
        thematically related as areas that provide unique frameworks 
        for understanding the great and diverse character of the United 
        States and the development of communities and their 
        surroundings as the Bleeding Kansas National Heritage Area.
            (2) To strengthen, complement, and support the Fort Scott, 
        Brown v. Board of Education, Nicodemus and Tallgrass Prairie 
        sites through the interpretation and conservation of the 
        associated living landscapes outside of the boundaries of these 
        units of the National Park System.
            (3) To describe the extent of Federal responsibilities and 
        duties in regard to the Heritage Area.
            (4) To further collaboration and partnerships among 
        Federal, State, and local governments, nonprofit organizations, 
        and the private sector, or combinations thereof, to conserve 
        and manage the resources and opportunities in the Heritage Area 
        through grants, technical assistance, training and other means.
            (5) To authorize Federal financial and technical assistance 
        to management entity to assist in the conservation and 
        interpretation of the Heritage Area.
            (6) To empower communities and organizations in Kansas to 
        preserve the special historic identity of Bleeding Kansas and 
        with it the identity of the Nation.
            (7) To provide for the management, preservation, 
        protection, and interpretation of the natural, historical, and 
        cultural resources within the region for the educational and 
        inspirational benefit of current and future generations.
            (8) To provide greater community capacity through inter-
        local cooperation.
            (9) To provide a vehicle, particularly in the four counties 
        with high out-migration of population, to recognize that self-
        reliance and resilience will be the keys to their economic 
        future.
            (10) To build upon the Kansas rural development policy, the 
        Kansas agritourism initiative and the new homestead act to 
        recognize inherent strengths of small towns and rural 
        communities--close-knit communities, strong local business 
        networks, and a tradition of entrepreneurial creativity.
            (11) To educate and cultivate among its citizens, 
        particularly its youth, the stories and cultural resources of 
        the region's legacy that--
                    (A) reflect the popular phrase ``Bleeding Kansas'' 
                describing the conflict over slavery that became 
                nationally prominent in Kansas just before and during 
                the American Civil War;
                    (B) reflect the commitment of American settlers who 
                first fought and killed to uphold their different and 
                irreconcilable principles of freedom and equality 
                during the years of the Kansas Conflict;
                    (C) reflect the struggle for freedom, experienced 
                during the ``Bleeding Kansas'' era, that continues to 
                be a vital and pressing issue associated with the real 
                problem of democratic nation building; and
                    (D) recreate the physical environment revealing its 
                impact on agriculture, transportation, trade and 
                business, and social and cultural patterns in urban and 
                rural settings.
            (12) To interpret the effect of the era's democratic ethos 
        on the development of America's distinctive political culture.

SEC. 3. DEFINITIONS.

    For the purposes of this Act:
            (1) Management entity.--The term ``management entity'' 
        means Territorial Kansas Heritage Alliance, recognized by the 
        Secretary, in consultation with the chief executive officer of 
        the State of Kansas, that agrees to perform the duties of a 
        local coordinating entity under this Act.
            (2) Heritage area.--The term ``Heritage Area'' means the 
        Bleeding Kansas and the Enduring Struggle for Freedom National 
        Heritage Area in eastern Kansas and western Missouri.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (4) Unit of local government.--The term ``unit of local 
        government'' means the government of a State, a political 
        subdivision of a State, or an Indian tribe.

SEC. 4. BLEEDING KANSAS AND THE ENDURING STRUGGLE FOR FREEDOM NATIONAL 
              HERITAGE AREA.

    (a) Establishment.--There is established in the State of Kansas the 
Bleeding Kansas and the Enduring Struggle for Freedom National Heritage 
Area.
    (b) Boundaries.--The Heritage Area shall include the following:
            (1) An area located in eastern Kansas and western Missouri, 
        consisting currently of Allen, Anderson, Bourbon, Cherokee, 
        Clay, Coffey, Crawford, Douglas, Franklin, Geary, Johnson, 
        Labette, Leavenworth, Linn, Miami, Neosho, Pottawatomie, Riley, 
        Shawnee, Wabaunsee, Wilson, Woodson, Wyandotte Counties in 
        Kansas and tentatively including additional counties in Kansas 
        and western Missouri to be included in the development of the 
        management plan.
            (2) Contributing sites, buildings, and districts within the 
        area will be recommended by the management plan.
    (c) Map.--Final boundary will be defined during the management plan 
development. A map of the Heritage Area shall be included in the 
management plan. The map shall be on file in the appropriate offices of 
the National Park Service, Department of the Interior.
    (d) Management Entity.--The management entity for the Heritage Area 
shall be Territorial Kansas Heritage Alliance, a nonprofit organization 
established in the State of Kansas, recognized by the Secretary, in 
consultation with the chief executive officer of the State of Kansas, 
that agrees to perform the duties of a local coordinating entity under 
this Act.

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

    (a) Authorities.--The management entity may, for purposes of 
preparing and implementing the management plan, use funds made 
available under this Act to--
            (1) prepare a management plan for the Heritage Area;
            (2) prepare reports, studies, interpretive exhibits and 
        programs, historic preservation projects, and other activities 
        recommended in the management plan for the Heritage Area;
            (3) pay for operational expenses of the management entity 
        incurred within the first 10 fiscal years beginning after the 
        date of the enactment of this Act designating the Heritage 
        Area;
            (4) make grants or loans to entities defined in the 
        management plan;
            (5) enter into cooperative agreements with the State of 
        Kansas, its political subdivisions, nonprofit organizations, 
        and other organizations;
            (6) hire and compensate staff;
            (7) obtain money from any source under any program or law 
        to be used for a regrant program requiring the recipient of 
        such money to make a contribution in order to receive it;
            (8) contract for goods and services; and
            (9) offer a competitive grants program to contributing 
        partners requiring a dollar-for-dollar match of Federal funds.
    (b) Duties of the Management Entity.--In addition to developing the 
management plan, the management entity shall--
            (1) give priority to the implementation of actions, goals, 
        strategies, and standards set forth in the management plan, 
        including assisting units of government and other persons in--
                    (A) encouraging economic viability in the Heritage 
                Area in accordance with the goals of the management 
                plan;
                    (B) establishing interpretive exhibits in the 
                Heritage Area;
                    (C) increasing public awareness of and appreciation 
                for the cultural, historical, and natural resources of 
                the Heritage Area;
                    (D) supporting the restoration of historic 
                buildings that are--
                            (i) located in the Heritage Area; and
                            (ii) related to the themes of the Heritage 
                        Area;
                    (E) the conservation of contributing landscapes and 
                natural resources; and
                    (F) the installation throughout the Heritage Area 
                of signs identifying public access points and sites of 
                interest;
            (2) prepare and implement the management plan while 
        considering the interests of diverse units of government, 
        businesses, private property owners, and nonprofit groups 
        within the Heritage Area;
            (3) conduct public meetings in conjunction with training 
        and skill building workshops regarding the development and 
        implementation of the management plan; and
            (4) for any fiscal year for which Federal funds are 
        received under this Act--
                    (A) submit to the Secretary a report that 
                describes, for the year--
                            (i) accomplishments of the management 
                        entity;
                            (ii) expenses and income of the management 
                        entity;
                            (iii) each entity to which a grant was 
                        made; and
                            (iv) an accounting of matching funds 
                        obtained to meet grant guidelines;
                    (B) conduct an annual audit with a neutral auditing 
                firm and make available for audit by Congress, the 
                Secretary, and appropriate units of government, all 
                records pertaining to the expenditure of the funds and 
                any matching funds; and
                    (C) require, for all agreements authorizing 
                expenditure of Federal funds by any entity, that the 
                receiving entity make available for audit all records 
                pertaining to the expenditure of their funds.
    (c) Prohibition of Acquisition of Real Property.--The management 
entity shall not use Federal funds received under this Act to acquire 
real property or an interest in real property.
    (d) 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) Requirements.--The management entity shall:
            (1) Management plan.--Not later than 3 years after the date 
        funds are made available for this purpose, prepare and submit a 
        management plan reviewed by participating units of local 
        government within the boundaries of the proposed Heritage Area.
            (2) Collaboration.--Collaborate with and consider the 
        interests of diverse units of government, businesses, tourism 
        officials, private property owners, and nonprofit groups within 
        the geographic area of the Heritage Area in developing and 
        implementing such a management plan.
            (3) Public involvement.--Ensure regular public involvement, 
        including public meetings at least annually, regarding the 
        implementation of the management plan.
    (b) Contents of Management Plan.--The management plan prepared for 
the Heritage Area shall--
            (1) present a comprehensive program for the conservation, 
        interpretation, funding, management, and development of the 
        Heritage Area, in a manner consistent with the existing local, 
        State, and Federal land use laws and compatible economic 
        viability of the Heritage Area;
            (2) establish criteria or standards to measure what is 
        selected for conservation, interpretation, funding, management, 
        and development;
            (3) involve residents, public agencies, and private 
        organizations working in the Heritage Area;
            (4) specify and coordinate, as of the date of the 
        management plan, existing and potential sources of technical 
        and financial assistance under this and other Federal laws to 
        protect, manage, and develop the Heritage Area; and
            (5) include--
                    (A) actions to be undertaken by units of government 
                and private organizations to protect, conserve, and 
                interpret the resources of the Heritage Area;
                    (B) an inventory of the resources contained in the 
                Heritage Area, including a list of any property in the 
                Heritage Area that is related to the themes of the 
                Heritage Area and that meets the establishing criteria 
                (such as, but not exclusive to, visitor readiness) to 
                merit preservation, restoration, management, 
                development, or maintenance because of its natural, 
                cultural, historical, or recreational significance;
                    (C) policies for resource management including the 
                development of intergovernmental cooperative 
                agreements, private sector agreements, or any 
                combination thereof, to protect the historical, 
                cultural, recreational, and natural resources of the 
                Heritage Area in a manner consistent with supporting 
                appropriate and compatible economic viability;
                    (D) a program for implementation of the management 
                plan by the designated management entity, in 
                cooperation with its partners and units of local 
                government;
                    (E) evidence that relevant State, county, and local 
                plans applicable to the Heritage Area have been taken 
                into consideration;
                    (F) an analysis of ways in which local, State, and 
                Federal programs may best be coordinated to promote the 
                purposes of this Act; and
                    (G) a business plan that--
                            (i) describes in detail the role, 
                        operation, financing, and functions of the 
                        management entity for each activity included in 
                        the recommendations contained in the management 
                        plan; and
                            (ii) provides, to the satisfaction of the 
                        Secretary, adequate assurances that the 
                        management entity is likely to have the 
                        financial resources necessary to implement the 
                        management plan for the Heritage Area, 
                        including resources to meet matching 
                        requirement for grants awarded under this Act.
    (c) Public Notice.--The management entity shall place a notice of 
each of its public meetings in a newspaper of general circulation in 
the Heritage Area and shall make the minutes of the meeting available 
to the public.
    (d) Disqualification From Funding.--If a proposed management plan 
is not submitted to the Secretary within 4 years of the date of the 
enactment of this Act, the management entity shall be ineligible to 
receive additional funding under this title until the date on which the 
Secretary receives the proposed management plan.
    (e) Approval and Disapproval of Management Plan.--The Secretary 
shall approve or disapprove the proposed management plan submitted 
under this title not later than 90 days after receiving such proposed 
management plan.
    (f) Action Following Disapproval.--If the Secretary disapproves a 
proposed management plan, the Secretary shall advise the management 
entity in writing of the reasons for the disapproval and shall make 
recommendations for revisions to the proposed management plan. The 
Secretary shall approve or disapprove a proposed revision within 90 
days after the date it is submitted.
    (g) Approval of Amendments.--The Secretary shall review and approve 
substantial amendments to the management plan. Funds appropriated under 
this title may not be expended to implement any changes made by such 
amendment until the Secretary approves the amendment.

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

    (a) Technical and Financial Assistance.--
            (1) In general.--On the request of the management entity, 
        the Secretary may provide technical and financial assistance 
        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, 
                and natural resources of the Heritage Area; and
                    (B) providing educational, interpretive, and 
                recreational opportunities consistent with the purposes 
                of the Heritage Area.
            (3) Spending for non-federal property.--The management 
        entity may expend Federal funds made available under this Act 
        on non-Federal property that--
                    (A) meets the criteria in the approved management 
                plan; or
                    (B) is listed or eligible for listing on the 
                National Register of Historic Places.
            (4) Other assistance.--The Secretary may enter into 
        cooperative agreements with public and private organizations to 
        carry out this subsection.
    (b) Other Federal Agencies.--Any Federal entity conducting or 
supporting an activity that directly affects the Heritage Area shall--
            (1) consider the potential effect of the activity on the 
        purposes of the Heritage Area and the management plan;
            (2) consult with the management entity regarding the 
        activity; and
            (3) to the maximum extent practicable, conduct or support 
        the activity to avoid adverse effects on the Heritage Area.
    (c) Other Assistance Not Affected.--This Act does not affect the 
authority of any Federal official to provide technical or financial 
assistance under any other law.
    (d) Notification of Other Federal Activities.--The head of each 
Federal agency shall provide to the Secretary and the management 
entity, to the extent practicable, advance notice of all activities 
that may have an impact on the Heritage Area.

SEC. 8. PRIVATE PROPERTY PROTECTION.

    (a) Access to Private Property.--Nothing in this Act shall be 
construed to require any private property owner to permit public access 
(including Federal, State, or local government access) to such private 
property. Nothing in this Act shall be construed to modify any 
provision of Federal, State, or local law with regard to public access 
to or use of private lands.
    (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 any authority of Federal, State, or 
local governments to regulate land use.
    (d) Participation of Private Property Owners in Heritage Areas.--
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) Land Use Regulation.--
            (1) In general.--The management entity shall provide 
        assistance and encouragement to State and local governments, 
        private organizations, and persons to protect and promote the 
        resources and values of the Heritage Area.
            (2) Effect.--Nothing in this Act--
                    (A) affects the authority of the State or local 
                governments to regulate under law any use of land; or
                    (B) grants any power of zoning or land use to the 
                management entity.
    (f) Private Property.--
            (1) In general.--The management entity shall be an advocate 
        for land management practices consistent with the purposes of 
        the Heritage Area.
            (2) Effect.--Nothing in this Act--
                    (A) abridges the rights of any person with regard 
                to private property;
                    (B) affects the authority of the State or local 
                government regarding private property; or
                    (C) imposes any additional burden on any property 
                owner.

SEC. 9. REQUIREMENTS FOR INCLUSION OF PRIVATE PROPERTY.

    (a) Notification and Consent of Property Owners Required.--No 
privately owned property shall be governed 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 inclusion to the management entity.
    (b) Landowner Withdraw.--Any owner of private property included 
within the boundary of the Heritage Area, and not notified under 
subsection (a), shall have their property immediately removed from the 
boundary by submitting a written request to the management entity.

SEC. 10. SAVINGS PROVISIONS.

    (a) Rules, Regulations, Standards, and Permit Processes.--Nothing 
in this Act shall be construed to impose any environmental, 
occupational, safety, or other rule, regulation, standard, or permit 
process in the Heritage Area that is different from those that would be 
applicable if the Heritage Area had not been established.
    (b) Water and Water Rights.--Nothing in this Act shall be construed 
to authorize or imply the reservation or appropriation of water or 
water rights.
    (c) No Diminishment of State Authority.--Nothing in this Act shall 
be construed to diminish the authority of the State to manage fish and 
wildlife, including the regulation of fishing and hunting within the 
Heritage Area.
    (d) Existing National Heritage Areas.--Nothing in this Act shall 
affect any national heritage area so designated before the date of the 
enactment of this Act.

SEC. 11. 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 
authorized to be appropriated for any fiscal year.
    (b) Cost-Sharing Requirement.--The Federal share of the total cost 
of any activity assisted under this Act shall be not more than 50 
percent.

SEC. 12. TERMINATION OF AUTHORITY.

    The authority of the Secretary to provide assistance under this Act 
terminates on the date that is 10 years after the date of the enactment 
of this Act.
                                 <all>