[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6678 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 6678

To establish the Northern Plains National Heritage Area in the State of 
                             North Dakota.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 30, 2008

 Mr. Pomeroy introduced the following bill; which was referred to the 
                     Committee on Natural Resources

_______________________________________________________________________

                                 A BILL


 
To establish the Northern Plains National Heritage Area in the State of 
                             North Dakota.

    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 ``Northern Plains National Heritage 
Area Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Heritage area.--The term ``Heritage Area'' means the 
        Northern Plains National Heritage Area established by section 
        3(a).
            (2) Local coordinating entity.--The term ``local 
        coordinating entity'' means the Northern Plains Heritage 
        Foundation, the local coordinating entity for the Heritage Area 
        designated by section 4(a).
            (3) Management plan.--The term ``management plan'' means 
        the management plan for the Heritage Area required under 
        section 5.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (5) State.--The term ``State'' means the State of North 
        Dakota.

SEC. 3. ESTABLISHMENT.

    (a) In General.--There is established the Northern Plains National 
Heritage Area in the State of North Dakota.
    (b) Boundaries.--The Heritage Area shall consist of--
            (1) a core area of resources in Burleigh, McLean, Mercer, 
        Morton, and Oliver Counties in the State; and
            (2) any sites, buildings, and districts within the core 
        area recommended by the management plan for inclusion in the 
        Heritage Area.
    (c) Map.--A map of the Heritage Area shall be--
            (1) included in the management plan; and
            (2) on file and available for public inspection in the 
        appropriate offices of the local coordinating entity and the 
        National Park Service.

SEC. 4. LOCAL COORDINATING ENTITY.

    (a) In General.--The local coordinating entity for the Heritage 
Area shall be the Northern Plains Heritage Foundation, a nonprofit 
corporation established under the laws of the State.
    (b) Duties.--To further the purposes of the Heritage Area, the 
Northern Plains Heritage Foundation, as the local coordinating entity, 
shall--
            (1) prepare a management plan for the Heritage Area, and 
        submit the management plan to the Secretary, in accordance with 
        this Act;
            (2) submit an annual report to the Secretary for each 
        fiscal year for which the local coordinating entity receives 
        Federal funds under this Act, specifying--
                    (A) the specific performance goals and 
                accomplishments of the local coordinating entity;
                    (B) the expenses and income of the local 
                coordinating entity;
                    (C) the amounts and sources of matching funds;
                    (D) the amounts leveraged with Federal funds and 
                sources of the leveraged funds; and
                    (E) grants made to any other entities during the 
                fiscal year;
            (3) make available for audit for each fiscal year for which 
        the local coordinating entity receives Federal funds under this 
        Act, all information pertaining to the expenditure of the funds 
        and any matching funds; and
            (4) encourage economic viability and sustainability that is 
        consistent with the purposes of the Heritage Area.
    (c) Authorities.--For the purposes of preparing and implementing 
the approved management plan for the Heritage Area, the local 
coordinating entity may use Federal funds made available under this Act 
to--
            (1) make grants to political jurisdictions, nonprofit 
        organizations, and other parties within the Heritage Area;
            (2) enter into cooperative agreements with or provide 
        technical assistance to political jurisdictions, nonprofit 
        organizations, Federal agencies, and other interested parties;
            (3) hire and compensate staff, including individuals with 
        expertise in--
                    (A) natural, historical, cultural, educational, 
                scenic, and recreational resource conservation;
                    (B) economic and community development; and
                    (C) heritage planning;
            (4) obtain funds or services from any source, including 
        other Federal programs;
            (5) contract for goods or services; and
            (6) support activities of partners and any other activities 
        that further the purposes of the Heritage Area and are 
        consistent with the approved management plan.
    (d) Prohibition on Acquisition of Real Property.--The local 
coordinating entity may not use Federal funds authorized to be 
appropriated under this Act to acquire any interest in real property.
    (e) Other Sources.--Nothing in this Act precludes the local 
coordinating entity from using Federal funds from other sources for 
authorized purposes.

SEC. 5. MANAGEMENT PLAN.

    (a) In General.--Not later than 3 years after the date of enactment 
of this Act, the local coordinating entity shall submit to the 
Secretary for approval a proposed management plan for the Heritage 
Area.
    (b) Requirements.--The management plan for the Heritage Area 
shall--
            (1) describe comprehensive policies, goals, strategies, and 
        recommendations for telling the story of the heritage of the 
        area covered by the Heritage Area and encouraging long-term 
        resource protection, enhancement, interpretation, funding, 
        management, and development of the Heritage Area;
            (2) include a description of actions and commitments that 
        Federal, State, tribal, and local governments, private 
        organizations, and citizens will take to protect, enhance, 
        interpret, fund, manage, and develop the natural, historical, 
        cultural, educational, scenic, and recreational resources of 
        the Heritage Area;
            (3) specify existing and potential sources of funding or 
        economic development strategies to protect, enhance, interpret, 
        fund, manage, and develop the Heritage Area;
            (4) include an inventory of the natural, historical, 
        cultural, educational, scenic, and recreational resources of 
        the Heritage Area relating to the national importance and 
        themes of the Heritage Area that should be protected, enhanced, 
        interpreted, managed, funded, and developed;
            (5) recommend policies and strategies for resource 
        management, including the development of intergovernmental and 
        interagency agreements to protect, enhance, interpret, fund, 
        manage, and develop the natural, historical, cultural, 
        educational, scenic, and recreational resources of the Heritage 
        Area;
            (6) describe a program for implementation for the 
        management plan, including--
                    (A) performance goals;
                    (B) plans for resource protection, enhancement, 
                interpretation, funding, management, and development; 
                and
                    (C) specific commitments for implementation that 
                have been made by the local coordinating entity or any 
                Federal, State, tribal, or local government agency, 
                organization, business, or individual;
            (7) include an analysis of, and recommendations for, means 
        by which Federal, State, tribal, and local programs may best be 
        coordinated (including the role of the National Park Service 
        and other Federal agencies associated with the Heritage Area) 
        to further the purposes of this Act; and
            (8) include a business plan that--
                    (A) describes the role, operation, financing, and 
                functions of the local coordinating entity and of each 
                of the major activities described in the management 
                plan; and
                    (B) provides adequate assurances that the local 
                coordinating entity has the partnerships and financial 
                and other resources necessary to implement the 
                management plan for the Heritage Area.
    (c) Deadline.--
            (1) In general.--Not later than 3 years after the date on 
        which funds are first made available to develop the management 
        plan after designation of the Heritage Area, the local 
        coordinating entity shall submit the management plan to the 
        Secretary for approval.
            (2) Termination of funding.--If the management plan is not 
        submitted to the Secretary in accordance with paragraph (1), 
        the local coordinating entity shall not qualify for any 
        additional financial assistance under this Act until such time 
        as the management plan is submitted to and approved by the 
        Secretary.
    (d) Approval of Management Plan.--
            (1) Review.--Not later than 180 days after receiving the 
        plan, the Secretary shall review and approve or disapprove the 
        management plan for the Heritage Area on the basis of the 
        criteria established under paragraph (2).
            (2) Criteria for approval.--In determining whether to 
        approve a management plan for the Heritage Area, the Secretary 
        shall consider whether--
                    (A) the local coordinating entity represents the 
                diverse interests of the Heritage Area, including 
                Federal, State, tribal, and local governments, natural, 
                and historic resource protection organizations, 
                educational institutions, businesses, recreational 
                organizations, community residents, and private 
                property owners;
                    (B) the local coordinating entity--
                            (i) has afforded adequate opportunity for 
                        public and Federal, State, tribal, and local 
                        governmental involvement (including through 
                        workshops and hearings) in the preparation of 
                        the management plan; and
                            (ii) provides for at least semiannual 
                        public meetings to ensure adequate 
                        implementation of the management plan;
                    (C) the resource protection, enhancement, 
                interpretation, funding, management, and development 
                strategies described in the management plan, if 
                implemented, would adequately protect, enhance, 
                interpret, fund, manage, and develop the natural, 
                historic, cultural, educational, scenic, and 
                recreational resources of the Heritage Area;
                    (D) the management plan would not adversely affect 
                any activities authorized on Federal land under public 
                land laws or land use plans;
                    (E) the local coordinating entity has demonstrated 
                the financial capability, in partnership with others, 
                to carry out the plan;
                    (F) the Secretary has received adequate assurances 
                from the appropriate State, tribal, and local officials 
                whose support is needed to ensure the effective 
                implementation of the State, tribal, and local elements 
                of the management plan; and
                    (G) the management plan demonstrates partnerships 
                among the local coordinating entity, Federal, State, 
                tribal, and local governments, regional planning 
                organizations, nonprofit organizations, or private 
                sector parties for implementation of the management 
                plan.
            (3) Disapproval.--
                    (A) In general.--If the Secretary disapproves the 
                management plan, the Secretary--
                            (i) shall advise the local coordinating 
                        entity in writing of the reasons for the 
                        disapproval; and
                            (ii) may make recommendations to the local 
                        coordinating entity for revisions to the 
                        management plan.
                    (B) Deadline.--Not later than 180 days after 
                receiving a revised management plan, the Secretary 
                shall approve or disapprove the revised management 
                plan.
            (4) Amendments.--
                    (A) In general.--An amendment to the management 
                plan that substantially alters the purposes of the 
                Heritage Area shall be reviewed by the Secretary and 
                approved or disapproved in the same manner as the 
                original management plan.
                    (B) Implementation.--The local coordinating entity 
                shall not use Federal funds authorized to be 
                appropriated by this Act to implement an amendment to 
                the management plan until the Secretary approves the 
                amendment.
            (5) Authorities.--The Secretary may--
                    (A) provide technical assistance under this Act for 
                the development and implementation of the management 
                plan; and
                    (B) enter into cooperative agreements with 
                interested parties to carry out this Act.

SEC. 6. RELATIONSHIP TO OTHER FEDERAL AGENCIES.

    (a) In General.--Nothing in this Act affects the authority of a 
Federal agency to provide technical or financial assistance under any 
other law.
    (b) Technical and Financial Assistance.--
            (1) In general.--On the request of the local coordinating 
        entity, the Secretary may provide financial assistance and, on 
        a reimbursable or nonreimbursable basis, technical assistance 
        to the local coordinating entity to develop and implement the 
        management plan.
            (2) Cooperative agreements.--The Secretary may enter into 
        cooperative agreements with the local coordinating entity and 
        other public or private entities to provide technical or 
        financial assistance under paragraph (1).
            (3) Priority.--In assisting the Heritage Area, the 
        Secretary shall give priority to actions that assist in--
                    (A) conserving the significant natural, historic, 
                cultural, and scenic resources of the Heritage Area; 
                and
                    (B) providing educational, interpretive, and 
                recreational opportunities consistent with the purposes 
                of the Heritage Area.
    (c) Consultation and Coordination.--To the maximum extent 
practicable, the head of any Federal agency planning to conduct 
activities that may have an impact on the Heritage Area is encouraged 
to consult and coordinate the activities with the Secretary and the 
local coordinating entity.
    (d) Other Federal Agencies.--Nothing in this Act--
            (1) modifies or alters any laws (including regulations) 
        authorizing a Federal agency to manage Federal land under the 
        jurisdiction of the Federal agency;
            (2) limits the discretion of a Federal land manager to 
        implement an approved land use plan within the boundaries of 
        the Heritage Area; or
            (3) modifies, alters, or amends any authorized use of 
        Federal land under the jurisdiction of a Federal agency.

SEC. 7. PRIVATE PROPERTY AND REGULATORY PROTECTIONS.

    Nothing in this Act--
            (1) abridges the rights of any owner of public or private 
        property, including the right to refrain from participating in 
        any plan, project, program, or activity conducted within the 
        Heritage Area;
            (2) requires any property owner to--
                    (A) permit public access (including access by 
                Federal, State, or local agencies) to the property of 
                the property owner; or
                    (B) modify public access to, or use of, the 
                property of the property owner under any other Federal, 
                State, or local law;
            (3) alters any duly adopted land use regulation, approved 
        land use plan, or other regulatory authority of any Federal, 
        State, tribal, or local agency;
            (4) conveys any land use or other regulatory authority to 
        the local coordinating entity;
            (5) authorizes or implies the reservation or appropriation 
        of water or water rights;
            (6) diminishes the authority of the State to manage fish 
        and wildlife, including the regulation of fishing and hunting 
        within the Heritage Area; or
            (7) creates any liability, or affects any liability under 
        any other law, of any private property owner with respect to 
        any person injured on the private property.

SEC. 8. EVALUATION; REPORT.

    (a) In General.--Not later than 3 years before the date on which 
authority for Federal funding terminates for the Heritage Area under 
section 10, the Secretary shall--
            (1) conduct an evaluation of the accomplishments of the 
        Heritage Area; and
            (2) prepare a report in accordance with subsection (c).
    (b) Evaluation.--An evaluation conducted under subsection (a)(1) 
shall--
            (1) assess the progress of the local coordinating entity 
        with respect to--
                    (A) accomplishing the purposes of this Act for the 
                Heritage Area; and
                    (B) achieving the goals and objectives of the 
                approved management plan for the Heritage Area;
            (2) analyze the Federal, State, local, and private 
        investments in the Heritage Area to determine the leverage and 
        impact of the investments; and
            (3) review the management structure, partnership 
        relationships, and funding of the Heritage Area for purposes of 
        identifying the critical components for sustainability of the 
        Heritage Area.
    (c) Report.--
            (1) In general.--Based on the evaluation conducted under 
        subsection (a)(1), the Secretary shall prepare a report that 
        includes recommendations for the future role of the National 
        Park Service, if any, with respect to the Heritage Area.
            (2) Required analysis.--If the report prepared under 
        paragraph (1) recommends that Federal funding for the Heritage 
        Area be reauthorized, the report shall include an analysis of--
                    (A) ways in which Federal funding for the Heritage 
                Area may be reduced or eliminated; and
                    (B) the appropriate time period necessary to 
                achieve the recommended reduction or elimination.
            (3) Submission to congress.--On completion of the report, 
        the Secretary shall submit the report to--
                    (A) the Committee on Energy and Natural Resources 
                of the Senate; and
                    (B) the Committee on Natural Resources of the House 
                of Representatives.

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 made 
available for any fiscal year.
    (b) Cost-Sharing Requirement.--
            (1) In general.--The Federal share of the total cost of any 
        activity under this Act shall be not more than 50 percent.
            (2) Form.--The non-Federal contribution may be in the form 
        of in-kind contributions of goods or services fairly valued.

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.
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