110 HR 6678 IH: Northern Plains National Heritage Area
U.S. House of Representatives
2008-07-30
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
1.This Act may be cited as the
Northern Plains National Heritage Area
Act
.
2.In this Act:
(1)The term Heritage Area means the Northern
Plains National Heritage Area established by section 3(a).
(2)Local
coordinating entityThe term local coordinating
entity means the Northern Plains Heritage Foundation, the local
coordinating entity for the Heritage Area designated by section 4(a).
(3)The term management plan means the management
plan for the Heritage Area required under section 5.
(4)The
term Secretary means the Secretary of the Interior.
(5)The
term State means the State of North Dakota.
3.
(a)There is established the Northern Plains National
Heritage Area in the State of North Dakota.
(b)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)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.
4.Local
coordinating entity
(a)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)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)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 propertyThe local coordinating entity may
not use Federal funds authorized to be appropriated under this Act to acquire
any interest in real property.
(e)Nothing in this Act precludes the local coordinating
entity from using Federal funds from other sources for authorized
purposes.
5.
(a)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)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)
(1)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)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)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)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)
(A)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)Not
later than 180 days after receiving a revised management plan, the Secretary
shall approve or disapprove the revised management plan.
(4)
(A)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)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)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.
6.Relationship to
other Federal agencies
(a)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)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)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)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
coordinationTo 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)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.
7.Private property
and regulatory protectionsNothing 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.
8.
(a)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)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)
(1)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)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)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.
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 made available for any fiscal year.
(b)
(1)The Federal share of the total cost of any activity under
this Act shall be not more than 50 percent.
(2)The
non-Federal contribution may be in the form of in-kind contributions of goods
or services fairly valued.
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.