[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 204 Reported in Senate (RS)]






                                                        Calendar No. 12
109th CONGRESS
  1st Session
                                 S. 204

                           [Report No. 109-5]

  To establish the Atchafalaya National Heritage Area in the State of 
                               Louisiana.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 31, 2005

  Ms. Landrieu (for herself and Mr. Vitter) introduced the following 
bill; which was read twice and referred to the Committee on Energy and 
                           Natural Resources

                           February 16, 2005

              Reported by Mr. Domenici, without amendment

_______________________________________________________________________

                                 A BILL


 
  To establish the Atchafalaya National Heritage Area in the State of 
                               Louisiana.

    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 ``Atchafalaya National Heritage Area 
Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Heritage area.--The term ``Heritage Area'' means the 
        Atchafalaya National Heritage Area established by section 3(a).
            (2) Local coordinating entity.--The term ``local 
        coordinating entity'' means the local coordinating entity for 
        the Heritage Area designated by section 3(c).
            (3) Management plan.--The term ``management plan'' means 
        the management plan for the Heritage Area developed under 
        section 5.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (5) State.--The term ``State'' means the State of 
        Louisiana.

SEC. 3. ATCHAFALAYA NATIONAL HERITAGE AREA.

    (a) Establishment.--There is established in the State the 
Atchafalaya National Heritage Area.
    (b) Boundaries.--The Heritage Area shall consist of the whole of 
the following parishes in the State: St. Mary, Iberia, St. Martin, St. 
Landry, Avoyelles, Pointe Coupee, Iberville, Assumption, Terrebonne, 
Lafayette, West Baton Rouge, Concordia, and East Baton Rouge.
    (c) Local Coordinating Entity.--
            (1) In general.--The Atchafalaya Trace Commission shall be 
        the local coordinating entity for the Heritage Area.
            (2) Composition.--The local coordinating entity shall be 
        composed of 13 members appointed by the governing authority of 
        each parish within the Heritage Area.

SEC. 4. AUTHORITIES AND DUTIES OF THE LOCAL COORDINATING ENTITY.

    (a) Authorities.--For the purposes of developing and implementing 
the management plan and otherwise carrying out this Act, the local 
coordinating entity may--
            (1) make grants to, and enter into cooperative agreements 
        with, the State, units of local government, and private 
        organizations;
            (2) hire and compensate staff; and
            (3) enter into contracts for goods and services.
    (b) Duties.--The local coordinating entity shall--
            (1) submit to the Secretary for approval a management plan;
            (2) implement the management plan, including providing 
        assistance to units of government and others in--
                    (A) carrying out programs that recognize important 
                resource values within the Heritage Area;
                    (B) encouraging sustainable economic development 
                within the Heritage Area;
                    (C) establishing and maintaining interpretive sites 
                within the Heritage Area; and
                    (D) increasing public awareness of, and 
                appreciation for the natural, historic, and cultural 
                resources of, the Heritage Area;
            (3) adopt bylaws governing the conduct of the local 
        coordinating entity; and
            (4) for any year for which Federal funds are received under 
        this Act, submit to the Secretary a report that describes, for 
        the year--
                    (A) the accomplishments of the local coordinating 
                entity; and
                    (B) the expenses and income of the local 
                coordinating entity.
    (c) Acquisition of Real Property.--The local coordinating entity 
shall not use Federal funds received under this Act to acquire real 
property or an interest in real property.
    (d) Public Meetings.--The local coordinating entity shall conduct 
public meetings at least quarterly.

SEC. 5. MANAGEMENT PLAN.

    (a) In General.--The local coordinating entity shall develop a 
management plan for the Heritage Area that incorporates an integrated 
and cooperative approach to protect, interpret, and enhance the 
natural, scenic, cultural, historic, and recreational resources of the 
Heritage Area.
    (b) Consideration of Other Plans and Actions.--In developing the 
management plan, the local coordinating entity shall--
            (1) take into consideration State and local plans; and
            (2) invite the participation of residents, public agencies, 
        and private organizations in the Heritage Area.
    (c) Contents.--The management plan shall include--
            (1) an inventory of the resources in the Heritage Area, 
        including--
                    (A) a list of property in the Heritage Area that--
                            (i) relates to the purposes of the Heritage 
                        Area; and
                            (ii) should be preserved, restored, 
                        managed, or maintained because of the 
                        significance of the property; and
                    (B) an assessment of cultural landscapes within the 
                Heritage Area;
            (2) provisions for the protection, interpretation, and 
        enjoyment of the resources of the Heritage Area consistent with 
        this Act;
            (3) an interpretation plan for the Heritage Area; and
            (4) a program for implementation of the management plan 
        that includes--
                    (A) actions to be carried out by units of 
                government, private organizations, and public-private 
                partnerships to protect the resources of the Heritage 
                Area; and
                    (B) the identification of existing and potential 
                sources of funding for implementing the plan.
    (d) Submission to Secretary for Approval.--
            (1) In general.--Not later than 3 years after the date of 
        enactment of this Act, the local coordinating entity shall 
        submit the management plan to the Secretary for approval.
            (2) Effect of failure to submit.--If a management plan is 
        not submitted to the Secretary by the date specified in 
        paragraph (1), the Secretary shall not provide any additional 
        funding under this Act until a management plan for the Heritage 
        Area is submitted to the Secretary.
    (e) Approval.--
            (1) In general.--Not later than 90 days after receiving the 
        management plan submitted under subsection (d)(1), the 
        Secretary, in consultation with the State, shall approve or 
        disapprove the management plan.
            (2) Action following disapproval.--
                    (A) In general.--If the Secretary disapproves a 
                management plan under paragraph (1), the Secretary 
                shall--
                            (i) advise the local coordinating entity in 
                        writing of the reasons for the disapproval;
                            (ii) make recommendations for revisions to 
                        the management plan; and
                            (iii) allow the local coordinating entity 
                        to submit to the Secretary revisions to the 
                        management plan.
                    (B) Deadline for approval of revision.--Not later 
                than 90 days after the date on which a revision is 
                submitted under subparagraph (A)(iii), the Secretary 
                shall approve or disapprove the revision.
    (f) Revision.--
            (1) In general.--After approval by the Secretary of a 
        management plan, the local coordinating entity shall 
        periodically--
                    (A) review the management plan; and
                    (B) submit to the Secretary, for review and 
                approval by the Secretary, the recommendations of the 
                local coordinating entity for any revisions to the 
                management plan that the local coordinating entity 
                considers to be appropriate.
            (2) Expenditure of funds.--No funds made available under 
        this title shall be used to implement any revision proposed by 
        the local coordinating entity under paragraph (1)(B) until the 
        Secretary approves the revision.

SEC. 6. 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 the owner of that 
private property has been notified in writing by the management entity 
and has given written consent to the management entity for such 
preservation, conservation, or promotion.
    (b) Landowner Withdraw.--Any owner of private property included 
within the boundary of the Heritage Area shall have that private 
property immediately removed from the boundary by submitting a written 
request to the management entity.

SEC. 7. PRIVATE PROPERTY PROTECTION.

    (a) Access to Private Property.--Nothing in this Act shall be 
construed to--
            (1) require any private property owner to allow public 
        access (including Federal, State, or local government access) 
        to such private property; or
            (2) modify 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 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 that private property.
    (c) Participation of Private Property Owners in Heritage Area.--
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.

SEC. 8. EFFECT OF ACT.

    Nothing in this Act or in establishment of the Heritage Area--
            (1) grants any Federal agency regulatory authority over any 
        interest in the Heritage Area, unless cooperatively agreed on 
        by all involved parties;
            (2) modifies, enlarges, or diminishes any authority of the 
        Federal Government or a State or local government to regulate 
        any use of land as provided for by law (including regulations) 
        in existence on the date of enactment of this Act;
            (3) grants any power of zoning or land use to the local 
        coordinating entity;
            (4) imposes any environmental, occupational, safety, or 
        other rule, standard, or permitting process that is different 
        from those in effect on the date of enactment of this Act that 
        would be applicable had the Heritage Area not been established;
            (5)(A) imposes any change in Federal environmental quality 
        standards; or
            (B) authorizes designation of any portion of the Heritage 
        Area that is subject to part C of title I of the Clean Air Act 
        (42 U.S.C. 7470 et seq.) as class 1 for the purposes of that 
        part solely by reason of the establishment of the Heritage 
        Area;
            (6) authorizes any Federal or State agency to impose more 
        restrictive water use designations, or water quality standards 
        on uses of or discharges to, waters of the United States or 
        waters of the State within or adjacent to the Heritage Area 
        solely by reason of the establishment of the Heritage Area;
            (7) abridges, restricts, or alters any applicable rule, 
        standard, or review procedure for permitting of facilities 
        within or adjacent to the Heritage Area; or
            (8) affects the continuing use and operation, where located 
        on the date of enactment of this Act, of any public utility or 
        common carrier.

SEC. 9. REPORTS.

    For any year in which Federal funds have been made available under 
this Act, the local coordinating entity shall submit to the Secretary a 
report that describes--
            (1) the accomplishments of the local coordinating entity; 
        and
            (2) the expenses and income of the local coordinating 
        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 shall be 
made available 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. 11. TERMINATION OF AUTHORITY.

    The authority of the Secretary to provide assistance to the local 
coordinating entity under this Act terminates on the date that is 15 
years after the date of enactment of this Act.
                                                        Calendar No. 12

109th CONGRESS

  1st Session

                                 S. 204

                           [Report No. 109-5]

_______________________________________________________________________

                                 A BILL

  To establish the Atchafalaya National Heritage Area in the State of 
                               Louisiana.

_______________________________________________________________________

                           February 16, 2005

                       Reported without amendment