[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 973 Introduced in Senate (IS)]






109th CONGRESS
  1st Session
                                  S. 973

To establish the Abraham Lincoln National Heritage Area, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 28, 2005

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

_______________________________________________________________________

                                 A BILL


 
To establish the Abraham Lincoln 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 ``Abraham Lincoln National Heritage Area 
Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The Heritage Area is a cohesive assemblage of natural, 
        historic, cultural, or recreational resources that--
                    (A) together represent distinctive aspects of 
                American heritage worthy of recognition, conservation, 
                interpretation, and continuing use; and
                    (B) are best managed through partnerships between 
                private and public entities.
            (2) The Heritage Area reflects traditions, customs, 
        beliefs, or folklife, or some combination thereof, that are a 
        valuable part of the heritage of the United States.
            (3) The Heritage Area provides outstanding opportunities to 
        conserve natural, cultural, or historic features, or a 
        combination thereof.
            (4) The Heritage Area provides outstanding recreational and 
        interpretive opportunities.
            (5) The 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 government throughout the Heritage Area 
        demonstrate support for designation of the Heritage Area as a 
        national heritage area and for management of the Heritage Area 
        as appropriate for such designation.
            (7) As our Nation enters the 21st Century, there is a 
        compelling need to educate and cultivate among our citizens, 
        particularly youth, an understanding appreciation for, and a 
        renewed commitment to integrity, courage, self-initiative, and 
        principled leadership in public and private life.
            (8) Few individuals in our Nation's history have as broadly 
        exemplified such qualities as Abraham Lincoln, and few have so 
        profoundly influenced United States history and the Character 
        of our Nation as has our 16th president.
            (9) The story and example of Lincoln's life-his inspiring 
        rise from humble origins to the highest office in the land, and 
        his decisive leadership through the most harrowing and 
        dangerous time in our Nation's history, continues to bring hope 
        and inspiration to millions in our country and around the 
        world.
            (10) The great issues of Lincoln's time, national unity, 
        equality and race relations, the capacity for democratic 
        government and ideals to address these and related issues, 
        continue to this day to define the challenges facing our 
        Nation. The ideals Lincoln espoused and the sentiments he 
        expressed in keeping our Nation together are as relevant today 
        as they were in his troubled time.
            (11) Illinois is known throughout the world as the land of 
        Abraham Lincoln. Unquestionably, the physical, social, and 
        cultural landscape of Illinois helped mold Lincoln's character. 
        ``Here I have lived a quarter of a century, and have passed 
        from a young to an old man,'' Lincoln remarked on leaving. ``To 
        this place and the kindness of these people I owe everything''.
            (12) Lincoln, in turn, left his own traces across the 
        Illinois landscape. They remain today in the form of stories, 
        folklore, artifacts, buildings, streetscapes, and landscapes. 
        Though scattered geographically and in varying states of 
        development and interpretation, together they bring an 
        immediacy and tangible quality to the powerful Lincoln legacy. 
        Individually and collectively, they constitute an important 
        national cultural and historic resource.
            (13) In particular the stories and cultural resources of 
        the region's Lincoln legacy--
                    (A) reflect the values and attitudes, the obstacles 
                and ingenuity, the failures and accomplishments, the 
                human frailties and strength of character of the men 
                and women who made up the diverse people of Lincoln's 
                generation of Americans, including upland Southerners 
                and Northeastern Yankees, Anglo-settlers and American 
                Indians, ``free'' blacks, abolitionists, and their 
                critics;
                    (B) reflect the material culture and relative 
                levels of technical sophistication in the United States 
                in Lincoln's time;
                    (C) recreate the physical environment, revealing 
                its impact on agriculture, transportation, trade, 
                business, and social and cultural patterns in urban and 
                rural settings; and
                    (D) interpret the effect of the era's democratic 
                ethos on the development of our Nation's legal and 
                political institutions and distinctive political 
                culture.
            (14) Three previous studies--``Abraham Lincoln Research and 
        Interpretive Center Suitability/Feasibility Study'' by the 
        National Park Service (1991), ``Looking for Lincoln Illinois 
        Heritage Tourism Project'' commissioned by the State of 
        Illinois Department of Commerce and Community Affairs in 
        cooperation with the Illinois Historic Preservation Agency 
        (1998), and the ``Feasibility Study for the Proposed Abraham 
        Lincoln National Heritage Area'' revised in 2003, help document 
        a sufficient assemblage of nationally distinctive historical 
        resources to demonstrate the feasibility and need to establish 
        the Heritage Area.
            (15) The National Park Service operates and maintains the 
        Lincoln Home National Historic Site in Springfield, Illinois, 
        and is responsible for advocating the protection and 
        interpretation of the Nation's cultural and historic resources 
        and encouraging the development of interpretive context for 
        these resources through appropriate planning and preservation.
            (16) The Heritage Area can strengthen, complement, and 
        support the Lincoln Home National Historic Site through the 
        interpretation and conservation of the associated living 
        landscapes outside of the boundaries of this historic site.
            (17) There is a Federal interest in supporting the 
        development of a regional framework and context to partner with 
        and assist the National Park Service, the State of Illinois, 
        local organizations and governments, and private citizens to 
        conserve, protect, and bring recognition to the resources of 
        the Heritage Area for the educational and recreational benefit 
        of this and future generations.
            (18) Communities throughout this region know the value of 
        their Lincoln legacy, but need to expand upon an existing 
        cooperative framework and technical assistance to achieve 
        important goals by working together.
            (19) The State of Illinois, Department of Commerce and 
        Economic Opportunity, and Bureau of Tourism officially 
        designated ``Looking for Lincoln'' as a State Heritage Tourism 
        Area and has identified the story of Lincoln as a key 
        destination driver for the State.
            (20) Looking for Lincoln Heritage Coalition, the management 
        entity for the Heritage Area, is a non-profit 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 Abraham Lincoln's 
        adult life in Illinois and contributions to society and would 
        be an appropriate entity to oversee the development of the 
        Heritage Area.
            (21) Looking for Lincoln Heritage Coalition has completed a 
        business plan that--
                    (A) describes in detail the role, operation, 
                financing, and functions of Looking For Lincoln 
                Heritage Coalition, as the management entity; and
                    (B) provides adequate assurances that Looking For 
                Lincoln Heritage Coalition 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.

SEC. 3. DEFINITIONS.

    For the purposes of this Act, the following definitions apply:
            (1) Management entity.--The term ``management entity'' 
        means, Looking for Lincoln Heritage Coalition, an entity 
        recognized by the Secretary, in consultation with the chief 
        executive officer of the State of Illinois, that agrees to 
        perform the duties of a local coordinating entity under this 
        Act.
            (2) Heritage area.--The term ``Heritage Area'' means the 
        Abraham Lincoln National Heritage Area established by section 
        4.
            (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. ABRAHAM LINCOLN NATIONAL HERITAGE AREA.

    (a) Establishment.--There is established in the State of Illinois 
the ``Abraham Lincoln National Heritage Area''.
    (b) Boundaries.--The Heritage Area shall include the following:
            (1) A core area located in Central Illinois, consisting of 
        Adams, Brown, Calhoun, Cass, Champaign, Christian, Clark, 
        Coles, Cumberland, Dewitt, Douglas, Edgar, Fayette, Fulton, 
        Greene, Hancock, Henderson, Jersey, Knox, LaSalle, Logan, 
        McLean, McDonough, Macon, Macoupin, Madison, Mason, Menard, 
        Montgomery, Morgan, Moultrie, Peoria, Piatt, Pike, Sangamon, 
        Schuyler, Scott, Shelby, Tazwell, Vermillion, Warren and 
        Woodford Counties.
            (2) The following sites:
                    (A) Lincoln Home National Historic Site.
                    (B) Lincoln Tomb State Historic Site.
                    (C) Lincoln's New Salem State Historic Site.
                    (D) Abraham Lincoln Presidential Library & Museum.
                    (E) Thomas and Sara Bush Lincoln Log Cabin and 
                Living History Farm State Historic Site.
                    (F) Mt. Pulaski, Postville State Historic Sites and 
                Metamora Courthouse.
                    (G) Lincoln-Herndon Law Offices State Historic 
                Site.
                    (H) David Davis Mansion State Historic Site.
                    (I) Vandalia Statehouse State Historic Site.
                    (J) Lincoln Douglas Debate Museum.
                    (K) Macon County Log Court House.
                    (L) Richard J. Oglesby Mansion.
                    (M) Lincoln Trail Homestead State Memorial.
                    (N) Governor John Wood Mansion.
                    (O) Beardstown Courthouse.
                    (P) Old Main at Knox College.
                    (Q) Carl Sandburg Home State Historic Site.
                    (R) Bryant Cottage State Historic Site.
                    (S) Dr. William Fithian Home.
                    (T) Vermillion County Museum.
            (3) Sites, buildings, and districts within the core area 
        recommended in the management plan.
    (c) Map.--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 Looking for Lincoln Heritage Coalition.

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, which 
        shall be complete not later than 3 years after funds are first 
        made available for this Act;
            (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;
            (4) make grants or loans to the State of Illinois and its 
        political subdivisions, nonprofit organizations, and other 
        persons;
            (5) enter into cooperative agreements with the State of 
        Illinois, its political subdivisions, nonprofit organizations, 
        and other organizations;
            (6) hire and compensate staff;
            (7) obtain money from any source under any program or law 
        requiring the recipient of such money to make a contribution in 
        order to receive such money; and
            (8) contract for goods and services.
    (b) Duties.--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 heritage-based recreational and 
                educational opportunities for residents and visitors 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 both--
                            (i) located in the Heritage Area; and
                            (ii) related 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; 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 that fiscal 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 of Acquisition of Real Property.--
            (1) In general.--The management entity shall not use 
        Federal funds received under this Act to acquire real property 
        or any interest in real property.
            (2) Other sources.--Nothing in this Act precludes the 
        management entity from using Federal funds from other sources 
        for authorized purposes including acquisition of real property 
        or any interest in real property.

SEC. 6. MANAGEMENT PLAN.

    (a) Requirements.--In preparing the management plan, the management 
entity shall perform the following duties:
            (1) Management plan.--Prepare and submit to the Secretary a 
        management plan reviewed by participating units of government 
        within the boundaries of the 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 the Heritage Area in developing and implementing the 
        management plan.
            (3) Public involvement.--Ensure regular public involvement, 
        including public meetings at least annually, regarding the 
        implementation of the management plan for the Heritage Area.
            (4) Records for audits.--Make available to the Secretary 
        for audit, for any year in which Federal funds have been 
        received under this Act, all records pertaining to the 
        expenditure of such funds and any matching funds, and require, 
        for all agreements authorizing expenditure of Federal funds by 
        other organizations, that the receiving organizations make 
        available to the Secretary for audit all records pertaining to 
        the expenditure of such funds.
    (b) Management Plan.--The management plan for the Heritage Area 
shall--
            (1) present a comprehensive program for the conservation, 
        interpretation, funding, management, and development of the 
        Heritage Area and of the historical, cultural, and natural 
        resources and the recreational and educational opportunities 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) be prepared and implemented in a manner that involves 
        residents, public agencies, and private organizations working 
        in the Heritage Area;
            (3) 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
            (4) 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 is found to merit preservation, 
                restoration, management, development, or maintenance 
                because of its natural, cultural, historical, or 
                recreational significance;
                    (C) policies for resource management with 
                appropriate land and water management techniques, 
                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 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 
                        local coordinating entity and of 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, 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 3 years the funds are first 
made available for 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.
    (e) Approval and Disapproval of Management Plan.--The Secretary , 
in consultation with the Governor of the State of Illinois or his 
appointed agency representative, shall approve or disapprove the 
proposed management plan submitted under this Act not later than 90 
days after receiving the 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 make 
recommendations for revisions to the proposed management plan. The 
Secretary shall approve or disapprove a revised proposed management 
plan not later than 90 days after it is submitted.
    (g) Approval of Amendments.--The Secretary shall review and approve 
or disapprove substantial amendments to the management plan. Funds 
appropriated under this Act may not be expended to implement any 
changes made by an amendment to the management plan 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-Federally 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.
    (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 
for the Heritage Area, to the extent practicable, advance notice of all 
activities which may have an impact on the Heritage Area.

SEC. 8. PRIVATE PROPERTY PROTECTION.

    (a) In General.--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 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 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.
    (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 shall grant 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. 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 National Heritage Area that is different from those that 
would be applicable if the national 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 containing the 
National Heritage Area to manage fish and wildlife, including the 
regulation of fishing and hunting within the national 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. 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 is 
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. 11. 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 the enactment 
of this Act.
                                 <all>