1.This Act may be cited as the
Freedom’s Way National Heritage Area
Act
.
2.
(a)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)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.
3.In this Act:
(1)The term Heritage Area means the Freedom’s Way
National Heritage Area established by section 4(a).
(2)The term management entity means the
management entity for the Heritage Area designated by section 4(d).
(3)The term management plan means the management
plan for the Heritage Area developed under section 5.
(4)The
term Map means the map entitled Freedom’s Way National
Heritage Area
, numbered FRWAP–75/80,000, and dated July 2002.
(5)The
term Secretary means the Secretary of the Interior.
4.Freedom’s Way
National Heritage Area
(a)There
is established the Freedom’s Way National Heritage Area in the States of
Massachusetts and New Hampshire.
(b)
(1)The Heritage Area shall consist of the land within the
boundaries of the Heritage Area, as depicted on the Map.
(2)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)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)The
Map shall be on file and available for public inspection in the appropriate
offices of the National Park Service.
(d)The Freedom’s Way Heritage Association, Inc., shall serve
as the management entity for the Heritage Area.
5.
(a)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)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)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)Not later than 90 days after receipt of the management
plan under subsection (a), the Secretary shall approve or disapprove the
management plan.
(2)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 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 60
days after the receipt of any proposed revision of the management plan from the
management entity, approve or disapprove the proposed revision.
(e)
(1)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)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.
6.Authorities,
duties, and prohibitions of the Management Entity
(a)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 EntityIn 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 propertyThe management entity shall not
use Federal funds made available under this Act to acquire real property or any
interest in real property.
7.Technical and
financial assistance; other Federal agencies
(a)Technical and
financial assistance
(1)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)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 propertyThe 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)The Secretary may enter into cooperative agreements
with public and private organizations to carry out this subsection.
(b)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.
8.Land use
regulation; applicability of Federal law
(a)
(1)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)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)
(1)The management entity shall be an advocate for land
management practices consistent with the purposes of the Heritage Area.
(2)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.
9.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 authorized to be
appropriated for any fiscal year.
(b)The Federal share of the total cost of any activity
assisted under this Act shall be not more than 50 percent.
10.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.