[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2098 Reported in Senate (RS)]






                                                       Calendar No. 660
110th CONGRESS
  2d Session
                                S. 2098

                          [Report No. 110-308]

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 26, 2007

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

                             April 10, 2008

  Reported by Mr. Bingaman, with an amendment and an amendment to the 
                                 title
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
 To establish the Northern Plains 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Northern Plains Heritage 
Area Act''.</DELETED>

<DELETED>SEC. 2. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Heritage area.--The term ``Heritage Area'' 
        means the Northern Plains Heritage Area established by section 
        3(a).</DELETED>
        <DELETED>    (2) Management entity.--The term ``management 
        entity'' means the management entity for the Heritage Area 
        designated by section 3(d).</DELETED>
        <DELETED>    (3) Management plan.--The term ``management plan'' 
        means the management plan for the Heritage Area required under 
        section 5.</DELETED>
        <DELETED>    (4) Map.--The term ``map'' means the map entitled 
        ``Proposed Northern Plains National Heritage Area''.</DELETED>
        <DELETED>    (5) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior.</DELETED>
        <DELETED>    (6) State.--The term ``State'' means the State of 
        North Dakota.</DELETED>

<DELETED>SEC. 3. ESTABLISHMENT.</DELETED>

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

<DELETED>SEC. 4. ADMINISTRATION.</DELETED>

<DELETED>    (a) In General.--For purposes of carrying out the 
management plan, the Secretary, acting through the management entity, 
may use amounts made available under this Act to--</DELETED>
        <DELETED>    (1) make grants to the State or a political 
        subdivision of the State, nonprofit organizations, and other 
        persons;</DELETED>
        <DELETED>    (2) enter into cooperative agreements with, or 
        provide technical assistance to, the State or a political 
        subdivision of the State, nonprofit organizations, and other 
        interested parties;</DELETED>
        <DELETED>    (3) hire and compensate staff, including 
        individuals with expertise in natural, cultural, and historical 
        resources protection and heritage programming;</DELETED>
        <DELETED>    (4) obtain money or services from any source, 
        including under any other Federal law or program;</DELETED>
        <DELETED>    (5) contract for goods or services; and</DELETED>
        <DELETED>    (6) carry out any other activity that--</DELETED>
                <DELETED>    (A) furthers the purposes of the Heritage 
                Area; and</DELETED>
                <DELETED>    (B) is consistent with the approved 
                management plan.</DELETED>
<DELETED>    (b) Duties.--The management entity shall--</DELETED>
        <DELETED>    (1) in accordance with section 5, prepare and 
        submit a management plan for the Heritage Area to the 
        Secretary;</DELETED>
        <DELETED>    (2) give priority to implementing actions covered 
        by the management plan, including assisting units of local 
        government, regional planning organizations, and nonprofit 
        organizations in carrying out the approved management plan by--
        </DELETED>
                <DELETED>    (A) carrying out programs and projects 
                that recognize, protect, and enhance important resource 
                values in the Heritage Area;</DELETED>
                <DELETED>    (B) establishing and maintaining 
                interpretive exhibits and programs in the Heritage 
                Area;</DELETED>
                <DELETED>    (C) developing recreational and 
                educational opportunities in the Heritage 
                Area;</DELETED>
                <DELETED>    (D) increasing public awareness of, and 
                appreciation for, natural, historical, scenic, and 
                cultural resources of the Heritage Area;</DELETED>
                <DELETED>    (E) protecting and restoring historic 
                sites and buildings in the Heritage Area that are 
                consistent with the themes of the Heritage 
                Area;</DELETED>
                <DELETED>    (F) ensuring that clear, consistent, and 
                appropriate signs identifying points of public access 
                and sites of interest are posted throughout the 
                Heritage Area; and</DELETED>
                <DELETED>    (G) promoting a wide range of partnerships 
                among governments, organizations, and individuals to 
                further the Heritage Area;</DELETED>
        <DELETED>    (3) consider the interests of diverse units of 
        government, businesses, organizations, nonprofit groups, and 
        individuals in the Heritage Area in the preparation and 
        implementation of the management plan;</DELETED>
        <DELETED>    (4) conduct meetings open to the public at least 
        semiannually regarding the development and implementation of 
        the management plan;</DELETED>
        <DELETED>    (5) for any year for which Federal funds have been 
        received under this Act--</DELETED>
                <DELETED>    (A) submit an annual report to the 
                Secretary that describes the activities, expenses, and 
                income of the management entity, including any grants 
                to any other entities;</DELETED>
                <DELETED>    (B) make available to the Secretary for 
                audit all records relating to the expenditure of the 
                Federal funds and any matching funds; and</DELETED>
                <DELETED>    (C) require, with respect to all 
                agreements authorizing the expenditure of Federal funds 
                by other organizations, that the organizations 
                receiving the Federal funds make available to the 
                Secretary for audit all records concerning the 
                expenditure of the funds; and</DELETED>
        <DELETED>    (6) encourage by appropriate means economic 
        viability that is consistent with the Heritage Area.</DELETED>
<DELETED>    (c) Prohibition on the Acquisition of Real Property.--The 
management entity shall not use Federal funds made available under this 
Act to acquire real property or any interest in real 
property.</DELETED>
<DELETED>    (d) Cost-Sharing Requirement.--The Federal share of the 
cost of any activity carried out using any Federal funds made available 
under this Act shall be 50 percent.</DELETED>
<DELETED>    (e) Other Sources.--Nothing in this Act precludes the 
management entity from using Federal funds form other sources for 
authorized purposes.</DELETED>

<DELETED>SEC. 5. MANAGEMENT PLAN.</DELETED>

<DELETED>    (a) In General.--Not later than 3 years after the date of 
enactment of this Act, the management entity shall submit to the 
Secretary for approval a proposed management plan for the Heritage 
Area.</DELETED>
<DELETED>    (b) Requirements.--The management plan shall--</DELETED>
        <DELETED>    (1) incorporate an integrated and cooperative 
        approach for the protection, enhancement, and interpretation of 
        the natural, cultural, historic, scenic, and recreational 
        resources of the Heritage Area;</DELETED>
        <DELETED>    (2) take into consideration State and local 
        plans;</DELETED>
        <DELETED>    (3) include--</DELETED>
                <DELETED>    (A) an inventory of--</DELETED>
                        <DELETED>    (i) the resources located in the 
                        core area described in section 3(b)(1); 
                        and</DELETED>
                        <DELETED>    (ii) any other property in the 
                        core area that--</DELETED>
                                <DELETED>    (I) is related to the 
                                themes of the Heritage Area; 
                                and</DELETED>
                                <DELETED>    (II) should be preserved, 
                                restored, managed, or maintained 
                                because of the significance of the 
                                property;</DELETED>
                <DELETED>    (B) comprehensive policies, strategies and 
                recommendations for the conservation, funding, 
                management, and development of the Heritage 
                Area;</DELETED>
                <DELETED>    (C) a description of actions that 
                governments, private organizations, and individuals 
                have agreed to take to protect the natural, historical 
                and cultural resources of the Heritage Area;</DELETED>
                <DELETED>    (D) a program of implementation for the 
                management plan by the management entity that includes 
                a description of--</DELETED>
                        <DELETED>    (i) actions to facilitate ongoing 
                        collaboration among partners to promote plans 
                        for resource protection, restoration, and 
                        construction; and</DELETED>
                        <DELETED>    (ii) specific commitments for 
                        implementation that have been made by the 
                        management entity or any government, 
                        organization, or individual for the first 5 
                        years of operation of the Heritage 
                        Area;</DELETED>
                <DELETED>    (E) the identification of sources of 
                funding for carrying out the management plan;</DELETED>
                <DELETED>    (F) analysis and recommendations for means 
                by which Federal, State, and local programs may best be 
                coordinated to carry out this Act, including 
                recommendations for the role of the National Park 
                Service in the Heritage Area; and</DELETED>
                <DELETED>    (G) an interpretive plan for the Heritage 
                Area; and</DELETED>
        <DELETED>    (4) recommend policies and strategies for resource 
        management that consider and describe the application of 
        appropriate land and water management techniques, including the 
        development of intergovernmental and interagency cooperative 
        agreements to protect the natural, historical, cultural, 
        educational, scenic, and recreational resources of the Heritage 
        Area.</DELETED>
<DELETED>    (c) Deadline.--If a proposed management plan is not 
submitted to the Secretary by the date that is 3 years after the date 
of enactment of this Act, the management entity shall be ineligible to 
receive additional funding under this Act until the date on which the 
Secretary approves a management plan.</DELETED>
<DELETED>    (d) Approval or Disapproval of Management Plan.--
</DELETED>
        <DELETED>    (1) In general.--Not later than 180 days after the 
        date of receipt of the management plan under subsection (a), 
        the Secretary, in consultation with the State, shall approve or 
        disapprove the management plan.</DELETED>
        <DELETED>    (2) Criteria for approval.--In determining whether 
        to approve the management plan, the Secretary shall consider 
        whether--</DELETED>
                <DELETED>    (A) the management entity is 
                representative of the diverse interests of the Heritage 
                Area, including governments, natural and historic 
                resource protection organizations, educational 
                institutions, businesses, and recreational 
                organizations;</DELETED>
                <DELETED>    (B) the management entity has afforded 
                adequate opportunity, including public hearings, for 
                public and governmental involvement in the preparation 
                of the management plan; and</DELETED>
                <DELETED>    (C) the resource protection and 
                interpretation strategies contained in the management 
                plan, if implemented, would adequately protect the 
                natural, historical, and cultural resources of the 
                Heritage Area.</DELETED>
        <DELETED>    (3) Action following disapproval.--If the 
        Secretary disapproves the management plan under paragraph (1), 
        the Secretary shall--</DELETED>
                <DELETED>    (A) advise the management entity in 
                writing of the reasons for the disapproval;</DELETED>
                <DELETED>    (B) make recommendations for revisions to 
                the management plan; and</DELETED>
                <DELETED>    (C) not later than 180 days after the 
                receipt of any proposed revision of the management plan 
                from the management entity, approve or disapprove the 
                proposed revision.</DELETED>
        <DELETED>    (4) Amendments.--</DELETED>
                <DELETED>    (A) In general.--The Secretary shall 
                approve or disapprove each amendment to the management 
                plan that the Secretary determines would make a 
                substantial change to the management plan.</DELETED>
                <DELETED>    (B) Use of funds.--The management entity 
                shall not use Federal funds authorized by this Act to 
                carry out any amendments to the management plan until 
                the Secretary has approved the amendments.</DELETED>

<DELETED>SEC. 6. RELATIONSHIP TO OTHER FEDERAL AGENCIES.</DELETED>

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

<DELETED>SEC. 7. PRIVATE PROPERTY AND REGULATORY PROTECTIONS.</DELETED>

<DELETED>    Nothing in this Act--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (2) requires any property owner to--</DELETED>
                <DELETED>    (A) permit public access (including access 
                by Federal, State, or local agencies) to the property 
                of the property owner; or</DELETED>
                <DELETED>    (B) modify public access to, or use of, 
                the property of the property owner under any other 
                Federal, State, or local law;</DELETED>
        <DELETED>    (3) alters any land use regulation, approved land 
        use plan, or other regulatory authority of any Federal, State, 
        or local agency;</DELETED>
        <DELETED>    (4) conveys any land use or other regulatory 
        authority to the management entity;</DELETED>
        <DELETED>    (5) authorizes or implies the reservation or 
        appropriation of water or water rights;</DELETED>
        <DELETED>    (6) diminishes the authority of the State to 
        manage fish and wildlife, including the regulation of fishing 
        and hunting within the Heritage Area; or</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 8. EVALUATION; REPORT.</DELETED>

<DELETED>    (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--</DELETED>
        <DELETED>    (1) conduct an evaluation of the accomplishments 
        of the Heritage Area; and</DELETED>
        <DELETED>    (2) prepare a report in accordance with subsection 
        (c).</DELETED>
<DELETED>    (b) Evaluation.--An evaluation conducted under subsection 
(a)(1) shall--</DELETED>
        <DELETED>    (1) assess the progress of the management entity 
        with respect to--</DELETED>
                <DELETED>    (A) accomplishing the purposes of this Act 
                for the Heritage Area; and</DELETED>
                <DELETED>    (B) achieving the goals and objectives of 
                the approved management plan for the Heritage 
                Area;</DELETED>
        <DELETED>    (2) analyze the Federal, State, local, and private 
        investments in the Heritage Area to determine the leverage and 
        impact of the investments; and</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (c) Report.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) ways in which Federal funding for the 
                Heritage Area may be reduced or eliminated; 
                and</DELETED>
                <DELETED>    (B) the appropriate time period necessary 
                to achieve the recommended reduction or 
                elimination.</DELETED>
        <DELETED>    (3) Submission to congress.--On completion of the 
        report, the Secretary shall submit the report to--</DELETED>
                <DELETED>    (A) the Committee on Energy and Natural 
                Resources of the Senate; and</DELETED>
                <DELETED>    (B) the Committee on Natural Resources of 
                the House of Representatives.</DELETED>

<DELETED>SEC. 9. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    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.</DELETED>

<DELETED>SEC. 10. TERMINATION OF AUTHORITY.</DELETED>

<DELETED>    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.</DELETED>

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.
            Amend the title so as to read: ``A bill to establish the 
        Northern Plains National Heritage Area in the State of North 
        Dakota.''.
                                                       Calendar No. 660

110th CONGRESS

  2d Session

                                S. 2098

                          [Report No. 110-308]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                             April 10, 2008

        Reported with an amendment and an amendment to the title