II Calendar No. 660 110th CONGRESS 2d Session S. 2098 [Report No. 110–308] 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.
1.
Short title
This Act may be cited as the Northern Plains Heritage Area Act.
2.
Definitions
In this Act: (1)
Heritage area
The term Heritage Area means the Northern Plains Heritage Area established by section 3(a). (2)
Management entity
The term management entity means the management entity for the Heritage Area designated by section 3(d). (3)
Management plan
The term management plan means the management plan for the Heritage Area required under section 5. (4)
Map
The term map means the map entitled Proposed Northern Plains National Heritage Area. (5)
Secretary
The term Secretary means the Secretary of the Interior. (6)
State
The term State means the State of North Dakota.
3.
Establishment
(a)
In general
There is established in the State the Northern Plains National Heritage Area. (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 National Park Service. (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.
4.
Administration
(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— (1)make grants to the State or a political subdivision of the State, nonprofit organizations, and other persons; (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; (3)hire and compensate staff, including individuals with expertise in natural, cultural, and historical resources protection and heritage programming; (4)obtain money or services from any source, including under any other Federal law or program; (5)contract for goods or services; and (6)carry out any other activity that— (A)furthers the purposes of the Heritage Area; and (B)is consistent with the approved management plan. (b)
Duties
The management entity shall— (1)in accordance with section 5, prepare and submit a management plan for the Heritage Area to the Secretary; (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— (A)carrying out programs and projects that recognize, protect, and enhance important resource values in the Heritage Area; (B)establishing and maintaining interpretive exhibits and programs in the Heritage Area; (C)developing recreational and educational opportunities in the Heritage Area; (D)increasing public awareness of, and appreciation for, natural, historical, scenic, and cultural resources of the Heritage Area; (E)protecting and restoring historic sites and buildings in the Heritage Area that are consistent with the themes of the Heritage Area; (F)ensuring that clear, consistent, and appropriate signs identifying points of public access and sites of interest are posted throughout the Heritage Area; and (G)promoting a wide range of partnerships among governments, organizations, and individuals to further the Heritage Area; (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; (4)conduct meetings open to the public at least semiannually regarding the development and implementation of the management plan; (5)for any year for which Federal funds have been received under this Act— (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; (B)make available to the Secretary for audit all records relating to the expenditure of the Federal funds and any matching funds; and (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 (6)encourage by appropriate means economic viability that is consistent with the Heritage Area. (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. (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. (e)
Other sources
Nothing in this Act precludes the management entity from using Federal funds form other sources for authorized purposes.
5.
Management plan
(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. (b)
Requirements
The management plan shall— (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; (2)take into consideration State and local plans; (3)include— (A)an inventory of— (i)the resources located in the core area described in section 3(b)(1); and (ii)any other property in the core area that— (I)is related to the themes of the Heritage Area; and (II)should be preserved, restored, managed, or maintained because of the significance of the property; (B)comprehensive policies, strategies and recommendations for the conservation, funding, management, and development of the Heritage Area; (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; (D)a program of implementation for the management plan by the management entity that includes a description of— (i)actions to facilitate ongoing collaboration among partners to promote plans for resource protection, restoration, and construction; and (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; (E)the identification of sources of funding for carrying out the management plan; (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 (G)an interpretive plan for the Heritage Area; and (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. (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. (d)
Approval or disapproval of management plan
(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. (2)
Criteria for approval
In determining whether to approve the management plan, the Secretary shall consider whether— (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; (B)the management entity has afforded adequate opportunity, including public hearings, for public and governmental involvement in the preparation of the management plan; and (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. (3)
Action following disapproval
If the Secretary disapproves the management plan under paragraph (1), the Secretary shall— (A)advise the management entity in writing of the reasons for the disapproval; (B)make recommendations for revisions to the management plan; and (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. (4)
Amendments
(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. (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.
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 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. (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). (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 management 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.
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 land use regulation, approved land use plan, or other regulatory authority of any Federal, State, or local agency; (4)conveys any land use or other regulatory authority to the management 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.
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 management 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.
9.
Authorization of appropriations
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.
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.
1.
Short title
This Act may be cited as the Northern Plains National Heritage Area Act.
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.
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.
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.
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.
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.
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.
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.
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.
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.. April 10, 2008 Reported with an amendment and an amendment to the title