[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1898 Introduced in Senate (IS)]








109th CONGRESS
  1st Session
                                S. 1898

To establish the Freedom's Way National Heritage Area in the States of 
        Massachusetts and New Hampshire, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 20, 2005

    Mr. Kerry (for himself, Mr. Kennedy, Mr. Gregg, and Mr. Sununu) 
introduced the following bill; which was read twice and referred to the 
               Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
To establish the Freedom's Way National Heritage Area in the States of 
        Massachusetts and New Hampshire, 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 ``Freedom's Way National Heritage Area 
Act''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) the cultural and natural legacies of an area 
        encompassing 36 communities in Massachusetts and 6 communities 
        in New Hampshire have made important and distinctive 
        contributions to the national character of America;
            (2) recognizing and protecting those legacies will help 
        sustain the quality of life in the future;
            (3) significant legacies of the area include--
                    (A) the early settlement of the United States and 
                the early evolution of democratic forms of government;
                    (B) the development of intellectual traditions of 
                the philosophies of freedom, democracy, and 
                conservation;
                    (C) the evolution of social ideas and religious 
                freedom;
                    (D) the role of immigrants and industry in 
                contributing to ethnic diversity;
                    (E) Native American and African American resources; 
                and
                    (F) the role of innovation and invention in cottage 
                industries;
            (4) the communities in the area know the value of the 
        legacies but need a cooperative framework and technical 
        assistance to achieve important goals by working together;
            (5) there is a Federal interest in supporting the 
        development of a regional framework to assist the States, local 
        governments, local organizations, and other persons in the 
        region with conserving, protecting, and bringing recognition to 
        the heritage of the area for the educational and recreation 
        benefit of future generations of Americans;
            (6) significant examples of the area's resources include--
                    (A) Walden Pond State Reservation in Concord, 
                Massachusetts;
                    (B) Minute Man National Historical Park in the 
                State of Massachusetts;
                    (C) Shaker Villages in Shirley and Harvard in the 
                State of Massachusetts;
                    (D) Wachusett Mountain State Reservation, Fitchburg 
                Art Museum, and Barrett House in New Ipswich, New 
                Hampshire; and
                    (E) Beaver Brook Farms and Lost City of Monson in 
                Hollis, New Hampshire;
            (7) the study entitled ``Freedom's Way Heritage Area 
        Feasibility Study'', prepared by the Freedom's Way Heritage 
        Association, Inc., and the Massachusetts Department of 
        Environmental Management, demonstrates that there are 
        sufficient nationally distinctive historical resources 
        necessary to establish the Freedom's Way National Heritage 
        Area; and
            (8) the Freedom's Way Heritage Association, Inc., should 
        oversee the development of the Freedom's Way National Heritage 
        Area.
    (b) Purposes.--The purposes of this Act are--
            (1) to foster a close working relationship between the 
        Secretary and all levels of government, the private sector, and 
        local communities in the States of Massachusetts and New 
        Hampshire;
            (2) to assist the entities referred to in paragraph (1) in 
        preserving the special historic identity of the Heritage Area; 
        and
            (3) to manage, preserve, protect, and interpret the 
        cultural, historical, and natural resources of the Heritage 
        Area for the educational and inspirational benefit of future 
        generations.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Heritage area.--The term ``Heritage Area'' means the 
        Freedom's Way National Heritage Area established by section 
        4(a).
            (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 developed under 
        section 5.
            (4) Map.--The term ``Map'' means the map entitled 
        ``Freedom's Way National Heritage Area'', numbered FRWAP-75/
        80,000, and dated July 2002.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 4. FREEDOM'S WAY NATIONAL HERITAGE AREA.

    (a) Establishment.--There is established the Freedom's Way National 
Heritage Area in the States of Massachusetts and New Hampshire.
    (b) Boundaries.--
            (1) In general.--The Heritage Area shall consist of the 
        land within the boundaries of the Heritage Area, as depicted on 
        the Map.
            (2) Revision.--The boundaries of the Heritage Area may be 
        revised if the revision is--
                    (A) proposed in the management plan;
                    (B) approved by the Secretary in accordance with 
                section 5(c); and
                    (C) placed on file in accordance with subsection 
                (c).
    (c) Map and Legal Description.--
            (1) In general.--As soon as practicable after the date of 
        enactment of this Act, the Secretary shall publish in the 
        Federal Register a map and legal description of the Heritage 
        Area.
            (2) Availability.--The Map shall be on file and available 
        for public inspection in the appropriate offices of the 
        National Park Service.
    (d) Management Entity.--The Freedom's Way Heritage Association, 
Inc., shall serve as the management entity for the Heritage Area.

SEC. 5. MANAGEMENT PLAN.

    (a) In General.--Not later than 3 years after the date of enactment 
of this Act, the management entity shall develop and submit to the 
Secretary for approval a management plan for the Heritage Area that 
presents comprehensive recommendations and strategies for the 
conservation, funding, management, and development of the Heritage 
Area.
    (b) Requirements.--The management plan shall--
            (1) take into consideration and coordinate Federal, State, 
        and local plans to present a unified historic preservation and 
        interpretation plan;
            (2) involve residents, public agencies, and private 
        organizations in the Heritage Area;
            (3) describe actions that units of government and private 
        organizations recommend for the protection of the resources of 
        the Heritage Area;
            (4) identify existing and potential sources of Federal and 
        non-Federal funding for the conservation, management, and 
        development of the Heritage Area; and
            (5) include--
                    (A) an inventory of the cultural, historic, 
                natural, or recreational resources contained in the 
                Heritage Area, including a list of property that--
                            (i) is related to the themes of the 
                        Heritage Area; and
                            (ii) should be conserved, restored, 
                        managed, developed, or maintained;
                    (B) a recommendation of policies for resource 
                management and protection that--
                            (i) apply appropriate land and water 
                        management techniques;
                            (ii) develop intergovernmental cooperative 
                        agreements to manage and protect the cultural, 
                        historic, and natural resources and recreation 
                        opportunities of the Heritage Area; and
                            (iii) support economic revitalization 
                        efforts;
                    (C) a program of strategies and actions to 
                implement the management plan that--
                            (i) identifies the role of the management 
                        entity and the roles of agencies and 
                        organizations that are involved in the 
                        implementation of the management plan;
                            (ii) includes--
                                    (I) restoration and construction 
                                plans or goals;
                                    (II) a program of public 
                                involvement;
                                    (III) annual work plans; and
                                    (IV) annual reports;
                    (D) an analysis of ways in which Federal, State, 
                and local programs may best be coordinated to promote 
                the purposes of this Act;
                    (E) an interpretive and educational plan for the 
                Heritage Area;
                    (F) any revisions proposed by the management entity 
                to the boundaries of the Heritage Area and requested by 
                the affected local government; and
                    (G) a process to provide public access to the 
                management entity for the purpose of attempting to 
                resolve informally any disputes arising from the 
                management plan.
    (c) Failure to Submit.--If the management entity fails to submit 
the management plan to the Secretary in accordance with subsection (a), 
the Heritage Area shall no longer qualify for Federal funding.
    (d) Approval or Disapproval of Management Plan.--
            (1) In general.--Not later than 90 days after receipt of 
        the management plan under subsection (a), the Secretary shall 
        approve or disapprove the management plan.
            (2) Criteria.--In determining whether to approve the 
        management plan, the Secretary shall consider whether--
                    (A) the management entity afforded adequate 
                opportunity, including public hearings, for public and 
                governmental involvement in the preparation of the 
                management plan;
                    (B) the resource protection and interpretation 
                strategies contained in the management plan would 
                adequately protect the cultural and historic resources 
                of the Heritage Area; and
                    (C) the Secretary has received adequate assurances 
                from the appropriate State and local officials whose 
                support is needed to ensure the effective 
                implementation of the State and local aspects of the 
                management plan.
            (3) 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 60 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.--In accordance with subsection (b), 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. 6. 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) make grants to, and enter into cooperative agreements 
        with, the States of Massachusetts and New Hampshire (including 
        a political subdivision), a nonprofit organizations, or any 
        person;
            (2) hire and compensate staff;
            (3) obtain funds from any source (including a program that 
        has a cost-sharing requirement); and
            (4) contract for goods and services.
    (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, 
        and strategies set forth in the management plan, including 
        assisting units of government and other persons in--
                    (A) carrying out the programs that recognize and 
                protect important resource values in the Heritage Area;
                    (B) encouraging economic viability in the Heritage 
                Area in accordance with the goals of the management 
                plan;
                    (C) establishing and maintaining interpretive 
                exhibits in the Heritage Area;
                    (D) developing recreational and educational 
                opportunities in the Heritage Area;
                    (E) increasing public awareness of and appreciation 
                for the cultural, historical, and natural resources of 
                the Heritage Area;
                    (F) restoring historic buildings that are--
                            (i) located in the Heritage Area; and
                            (ii) relate to the themes of the Heritage 
                        Area; and
                    (G) installing throughout the Heritage Area clear, 
                consistent, and appropriate 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 at least quarterly regarding 
        the development and implementation of the management plan;
            (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) the accomplishments of the management 
                        entity;
                            (ii) the expenses and income of the 
                        management entity; and
                            (iii) each entity to which a grant was 
                        made;
                    (B) 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 the funds.
    (c) Prohibition on the Acquisition of Real Property.--The 
management entity shall not use Federal funds made available under this 
Act to acquire real property or any interest in real property.

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 on non-federal property.--The management 
        entity may expend Federal funds made available under this Act 
        on nonfederally owned property that is--
                    (A) identified in the management plan; or
                    (B) 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.

SEC. 8. LAND USE REGULATION; APPLICABILITY OF FEDERAL LAW.

    (a) 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.
    (b) 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. 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. 10. 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 of enactment of 
this Act.
                                 <all>