[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2254 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                S. 2254

To establish the Mississippi Hills National Heritage Area in the State 
                of Mississippi, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 29, 2007

  Mr. Cochran introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
To establish the Mississippi Hills National Heritage Area in the State 
                of Mississippi, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Mississippi Hills National Heritage 
Area Act of 2007''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the area in northern Mississippi, and located in the 
        southern foothills of the Appalachian range, has a unique 
        identity that is shaped by--
                    (A) a diverse geological and geographical 
                environment, including substantial portions of--
                            (i) the Red Clay Hills;
                            (ii) the Flatwoods;
                            (iii) the Pontotoc Ridge;
                            (iv) the Black Prairie; and
                            (v) the Northeastern Hills; and
                    (B) diverse peoples who--
                            (i) have settled in the area; and
                            (ii) have been strongly influenced by the 
                        intersection of the distinctive cultures of 
                        Appalachia and the Mississippi Delta;
            (2) the area is rich with landmarks of diverse cultural and 
        historical significance, including--
                    (A) Native American settlements, particularly those 
                of the Chickasaw and Choctaw tribes;
                    (B) the Natchez Trace Parkway;
                    (C) sites of important battles and other 
                significant actions of the Civil War, including--
                            (i) the Battle of Corinth;
                            (ii) the Battle of Brices Crossroads;
                            (iii) the Battle of Tupelo;
                            (iv) Van Dorns' Raid; and
                            (v) Grierson's Raids;
                    (D) the Contraband Camp in Corinth;
                    (E) the Mississippi University for Women, the first 
                public college for women in the United States;
                    (F) Rust College, founded before 1867, which stands 
                as 1 of the 5 remaining historically black colleges in 
                the United States;
                    (G) birthplaces of literary and musical icons, 
                including--
                            (i) Elvis Aaron Presley, popularly known as 
                        the ``King of Rock and Roll'', born in Tupelo;
                            (ii) Nobel-Laureate William Faulkner, born 
                        in New Albany;
                            (iii) Tammy Wynette, popularly known as the 
                        ``The First Lady of Country Music'', born in 
                        Tremont;
                            (iv) Tennessee Williams, 1 of the leading 
                        playwrights of the United States, born in 
                        Columbus;
                            (v) Chester A. Burnett, otherwise known as 
                        the legendary bluesman ``Howlin' Wolf'', born 
                        in White Station;
                            (vi) opera diva Ruby Elzy, born in 
                        Pontotoc; and
                            (vii) Mississippi Hills blues musicians 
                        David ``Junior'' Kimbrough and R.L. Burnside, 
                        born in Marshall and Lafayette counties, 
                        respectively;
                    (H) birthplaces of Civil Rights pioneers, 
                including--
                            (i) Ida B. Wells-Barnett, a formidable 
                        figure in the anti-lynching movement, born in 
                        Holly Springs; and
                            (ii) James Meredith, who became the first 
                        African-American to enroll at the University of 
                        Mississippi, born in Kosciusko; and
                    (I) birthplaces or residences of other cultural 
                icons and historical figures, including--
                            (i) barnstorming legend Roscoe Turner, born 
                        in Corinth;
                            (ii) railroad engineer Casey Jones, who 
                        lived in Water Valley;
                            (iii) Civil War cavalryman Nathan Bedford 
                        Forrest, who lived in Salem;
                            (iv) Hiram Revels, the first African-
                        American to serve in the Senate, who lived in 
                        Holly Springs;
                            (v) L.Q.C. Lamar, a Senator, Secretary of 
                        the Interior, and Associate Justice of the 
                        Supreme Court of the United States, who lived 
                        in Oxford;
                            (vi) author Eudora Welty, who attended the 
                        Mississippi University for Women in Columbus; 
                        and
                            (vii) Confederate General Stephen D. Lee, 
                        who lived in Columbus;
            (3) the area includes spectacular natural, scenic, and 
        recreational resources, including--
                    (A) the Strawberry Plains State Audubon Center;
                    (B) the Wolf River;
                    (C) the Tennessee-Tombigbee Waterway;
                    (D) the Holly Springs National Forest;
                    (E) the Tombigbee National Forest;
                    (F) the Noxubee National Wildlife Refuge;
                    (G) the Tishomingo State Park; and
                    (H) the Sardis, Enid, and Grenada Lakes;
            (4) there is broad support from local governments and other 
        interested individuals for the establishment of the Mississippi 
        Hills National Heritage Area to coordinate and assist in the 
        preservation and interpretation of those resources;
            (5) the Mississippi Hills Heritage Area Concept Plan, 
        coordinated by the Mississippi Hills Heritage Area Alliance 
        is--
                    (A) a collaborative effort between the Federal 
                Government and State and local governments in the area; 
                and
                    (B) a natural foundation on which to establish the 
                Mississippi Hills Heritage Area; and
            (6) the establishment of the Mississippi Hills Heritage 
        Area would assist local communities and residents in preserving 
        the unique cultural, historical, archaeological, natural, and 
        recreational resources of the area.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Alliance.--The term ``Alliance'' means the Mississippi 
        Hills Heritage Area Alliance, a non-profit organization 
        registered by the State, with the cooperation and support of 
        the University of Mississippi.
            (2) Heritage area.--The term ``Heritage Area'' means the 
        Mississippi Hills National Heritage Area established by section 
        4(a).
            (3) Management plan.--The term ``management plan'' means 
        the management plan for the Heritage Area developed under 
        section 7.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (5) State.--The term ``State'' means the State of 
        Mississippi.

SEC. 4. MISSISSIPPI HILLS NATIONAL HERITAGE AREA.

    (a) Establishment.--There is established in the State the 
Mississippi Hills National Heritage Area.
    (b) Boundaries.--
            (1) Affected counties.--The Heritage Area shall consist of 
        all, or portions of, as specified by the boundary description 
        in paragraph (2), Alcorn, Attala, Benton, Calhoun, Carroll, 
        Chickasaw, Choctaw, Clay, DeSoto, Grenada, Holmes, Itawamba, 
        Lafayette, Lee, Lowndes, Marshall, Monroe, Montgomery, Noxubee, 
        Oktibbeha, Panola, Pontotoc, Prentiss, Tate, Tippah, 
        Tishomingo, Union, Webster, Winston, and Yalobusha Counties in 
        the State.
            (2) Boundary description.--The Heritage Area shall have the 
        following boundary description:
                    (A) traveling counterclockwise, the Heritage Area 
                shall be bounded to the west by U.S. Highway 51 from 
                the Tennessee State line until it intersects Interstate 
                55 (at Geeslin Corner approximately \1/2\ mile due 
                north of Highway Interchange 208);
                    (B) from this point, Interstate 55 shall be the 
                western boundary until it intersects with Mississippi 
                Highway 12 at Highway Interchange 156, the intersection 
                of which shall be the southwest terminus of the 
                Heritage Area;
                    (C) from the southwest terminus, the boundary 
                shall--
                            (i) extend east along Mississippi Highway 
                        12 until it intersects U.S. Highway 51;
                            (ii) follow Highway 51 south until it is 
                        intersected again by Highway 12;
                            (iii) extend along Highway 12 into downtown 
                        Kosciusko where it intersects Mississippi 
                        Highway 35;
                            (iv) follow Highway 35 south until it is 
                        intersected by Mississippi Highway 14; and
                            (v) extend along Highway 14 until it 
                        reaches the Alabama State line, the 
                        intersection of which shall be the southeast 
                        terminus of the Heritage Area;
                    (D) from the southeast terminus, the boundary of 
                the Heritage Area shall follow the Mississippi-Alabama 
                State line until it reaches the Mississippi-Tennessee 
                State line, the intersection of which shall be the 
                northeast terminus of the Heritage Area; and
                    (E) the boundary shall extend due west until it 
                reaches U.S. Highway 51, the intersection of which 
                shall be the northwest terminus of the Heritage Area.

SEC. 5. DESIGNATION OF ALLIANCE AS MANAGEMENT ENTITY.

    (a) In General.--The Alliance shall be the coordinating entity for 
the Heritage Area.
    (b) Federal Funding.--
            (1) Authorization to receive funds.--The Alliance may 
        receive amounts made available to carry out this Act.
            (2) Disqualification.--If a management plan is not 
        submitted to the Secretary as required under subsection (a) of 
        section 7 within the time period specified in that subsection, 
        the Alliance may not receive Federal funding under this Act 
        until a management plan is submitted to the Secretary.
    (c) Use of Federal Funds.--The Alliance may, for the purposes of 
developing and implementing the management plan, use Federal funds made 
available under this Act--
            (1) to make grants and loans to the State, political 
        subdivisions of the State, nonprofit organizations, and other 
        persons;
            (2) to enter into cooperative agreements with, or provide 
        technical assistance to, the State, political subdivisions of 
        the State, nonprofit organizations, and other organizations;
            (3) to hire and compensate staff;
            (4) to obtain funds from any source, under any program or 
        law, requiring the recipient of funds to make a contribution in 
        order to receive the funds; and
            (5) to contract for goods and services.
    (d) Prohibition of Acquisition of Real Property.--The Alliance may 
not use Federal funds received under this Act to acquire real property 
or any interest in real property.

SEC. 6. AUTHORITIES AND DUTIES OF ALLIANCE.

    (a) Authorities.--To develop and implement the management plan and 
otherwise carry out this Act, the Alliance may make grants to and 
provide technical assistance to tribal and local governments and other 
public and private entities.
    (b) Duties.--In carrying out this Act, the Alliance shall--
            (1) implement the management plan;
            (2) assist local and tribal governments and non-profit 
        organizations to--
                    (A) establish and maintain interpretive exhibits in 
                the Heritage Area;
                    (B) develop recreational resources in the Heritage 
                Area;
                    (C) increase public awareness of, and appreciation 
                for, the cultural, historical, archaeological, natural, 
                and recreational resources of the Heritage Area;
                    (D) restore historic resources that relate to the 
                Heritage Area; and
                    (E) carry out any other activity that the Alliance 
                determines to be appropriate to carry out this Act, 
                consistent with the management plan;
            (3) on at least an annual basis, conduct public meetings 
        relating to the implementation of the management plan;
            (4) for any fiscal year for which Federal funds are made 
        available under section 10--
                    (A) submit to the Secretary a report that 
                describes, for the fiscal year, actions of the Alliance 
                in carrying out this Act;
                    (B) make available to the Secretary for audit all 
                records relating to the expenditure of funds and any 
                matching funds; and
                    (C) require, for each agreement authorizing the 
                expenditure of Federal funds by any entity, that the 
                receiving entity make available to the Secretary for 
                audit all records relating to the expenditure of the 
                funds; and
            (5) ensure that each county included in the Heritage Area 
        is appropriately represented on any oversight advisory 
        committee established pursuant to this Act to coordinate the 
        Heritage Area.

SEC. 7. MANAGEMENT OF HERITAGE AREA.

    (a) In General.--Not later than 3 years after the date of enactment 
of this Act, the Alliance shall develop and submit to the Secretary a 
management plan for the Heritage Area.
    (b) Contents.--The management plan shall--
            (1) provide recommendations for the preservation, 
        conservation, enhancement, funding, management, interpretation, 
        development, and promotion of the cultural, historical, 
        archaeological, natural, and recreational resources of the 
        Heritage Area;
            (2) identify sources of funding for the Heritage Area;
            (3) include--
                    (A) an inventory of the cultural, historical, 
                archaeological, natural, and recreational resources of 
                the Heritage Area; and
                    (B) an analysis of how Federal, State, tribal, and 
                local programs may best be coordinated to promote and 
                carry out this Act;
            (4) provide recommendations for educational and 
        interpretive programs to inform the public about the resources 
        of the Heritage Area; and
            (5) involve residents of affected communities and tribal 
        and local governments.
    (c) Approval or Disapproval of Management Plan.--
            (1) In general.--Not later than 90 days after the date of 
        receipt of the management plan, the Secretary shall approve or 
        disapprove the management plan.
            (2) Disapproval and revisions.--If the Secretary 
        disapproves the management plan, the Secretary shall--
                    (A) advise the Alliance in writing of the reasons 
                for disapproval;
                    (B) make recommendations for revision of the 
                management plan; and
                    (C) allow the Alliance to submit to the Secretary 
                revisions to the management plan.
    (d) Revision.--After approval by the Secretary of the management 
plan, the Alliance shall periodically--
            (1) review the management plan; and
            (2) submit to the Secretary, for review and approval by the 
        Secretary, any recommendations for revisions to the management 
        plan.

SEC. 8. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES.

    (a) In General.--Subject to the availability of appropriations, the 
Secretary may provide technical assistance and grants to the Alliance 
to pay the Federal share of the cost of developing and implementing the 
management plan.
    (b) Prohibition of Certain Requirements.--The Secretary may not, as 
a condition of the award of technical assistance or grants under this 
section, require any recipient of the technical assistance or a grant 
to enact or modify any land use restriction.

SEC. 9. EFFECT OF ACT.

    (a) No Effect on Land Use Authority.--Nothing in this Act modifies, 
enlarges, or diminishes the authority of any State, tribal, or local 
government to regulate any use of land under any other law (including 
regulations).
    (b) Local Authority and Private Property Not Affected.--Nothing in 
this Act affects or authorizes the Alliance to interfere with--
            (1) the right of any person with respect to private 
        property; or
            (2) any local zoning ordinance or land use plan of the 
        State or a political subdivision of the State.
    (c) No Effect on Indian Tribes.--Nothing in this Act--
            (1) restricts an Indian tribe from protecting cultural or 
        religious sites on tribal land; or
            (2) diminishes the trust responsibilities or government-to-
        government obligations of the United States to any Indian tribe 
        recognized by the Federal Government.
    (d) Management of Fish and Wildlife.--Nothing in this Act--
            (1) modifies, enlarges, or diminishes the authority of the 
        State to manage fish and wildlife in the Heritage Area, 
        including the regulation of fishing and hunting; and
            (2) authorizes the Alliance to assume any management 
        authorities over such lands.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated to carry 
out this Act $10,000,000, of which not more than $1,000,000 may be made 
available for any fiscal year.
    (b) Federal Share.--The Federal share of the cost of any activity 
carried out using funds made available under this Act shall not exceed 
50 percent.
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