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






                                                       Calendar No. 796
110th CONGRESS
  2d Session
                                S. 2254

                          [Report No. 110-364]

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

                             June 16, 2008

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

_______________________________________________________________________

                                 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,

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

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

<DELETED>SEC. 2. FINDINGS.</DELETED>

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

<DELETED>SEC. 3. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Heritage area.--The term ``Heritage Area'' 
        means the Mississippi Hills National Heritage Area established 
        by section 4(a).</DELETED>
        <DELETED>    (3) Management plan.--The term ``management plan'' 
        means the management plan for the Heritage Area developed under 
        section 7.</DELETED>
        <DELETED>    (4) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior.</DELETED>
        <DELETED>    (5) State.--The term ``State'' means the State of 
        Mississippi.</DELETED>

<DELETED>SEC. 4. MISSISSIPPI HILLS NATIONAL HERITAGE AREA.</DELETED>

<DELETED>    (a) Establishment.--There is established in the State the 
Mississippi Hills National Heritage Area.</DELETED>
<DELETED>    (b) Boundaries.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Boundary description.--The Heritage Area shall 
        have the following boundary description:</DELETED>
                <DELETED>    (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 </DELETED>\<DELETED>1/2</DELETED>\ 
                <DELETED>mile due north of Highway Interchange 
                208);</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (C) from the southwest terminus, the 
                boundary shall--</DELETED>
                        <DELETED>    (i) extend east along Mississippi 
                        Highway 12 until it intersects U.S. Highway 
                        51;</DELETED>
                        <DELETED>    (ii) follow Highway 51 south until 
                        it is intersected again by Highway 
                        12;</DELETED>
                        <DELETED>    (iii) extend along Highway 12 into 
                        downtown Kosciusko where it intersects 
                        Mississippi Highway 35;</DELETED>
                        <DELETED>    (iv) follow Highway 35 south until 
                        it is intersected by Mississippi Highway 14; 
                        and</DELETED>
                        <DELETED>    (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;</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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.</DELETED>

<DELETED>SEC. 5. DESIGNATION OF ALLIANCE AS MANAGEMENT 
              ENTITY.</DELETED>

<DELETED>    (a) In General.--The Alliance shall be the coordinating 
entity for the Heritage Area.</DELETED>
<DELETED>    (b) Federal Funding.--</DELETED>
        <DELETED>    (1) Authorization to receive funds.--The Alliance 
        may receive amounts made available to carry out this 
        Act.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) to make grants and loans to the State, 
        political subdivisions of the State, nonprofit organizations, 
        and other persons;</DELETED>
        <DELETED>    (2) to enter into cooperative agreements with, or 
        provide technical assistance to, the State, political 
        subdivisions of the State, nonprofit organizations, and other 
        organizations;</DELETED>
        <DELETED>    (3) to hire and compensate staff;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (5) to contract for goods and services.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 6. AUTHORITIES AND DUTIES OF ALLIANCE.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Duties.--In carrying out this Act, the Alliance 
shall--</DELETED>
        <DELETED>    (1) implement the management plan;</DELETED>
        <DELETED>    (2) assist local and tribal governments and non-
        profit organizations to--</DELETED>
                <DELETED>    (A) establish and maintain interpretive 
                exhibits in the Heritage Area;</DELETED>
                <DELETED>    (B) develop recreational resources in the 
                Heritage Area;</DELETED>
                <DELETED>    (C) increase public awareness of, and 
                appreciation for, the cultural, historical, 
                archaeological, natural, and recreational resources of 
                the Heritage Area;</DELETED>
                <DELETED>    (D) restore historic resources that relate 
                to the Heritage Area; and</DELETED>
                <DELETED>    (E) carry out any other activity that the 
                Alliance determines to be appropriate to carry out this 
                Act, consistent with the management plan;</DELETED>
        <DELETED>    (3) on at least an annual basis, conduct public 
        meetings relating to the implementation of the management 
        plan;</DELETED>
        <DELETED>    (4) for any fiscal year for which Federal funds 
        are made available under section 10--</DELETED>
                <DELETED>    (A) submit to the Secretary a report that 
                describes, for the fiscal year, actions of the Alliance 
                in carrying out this Act;</DELETED>
                <DELETED>    (B) make available to the Secretary for 
                audit all records relating to the expenditure of funds 
                and any matching funds; and</DELETED>
                <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 7. MANAGEMENT OF HERITAGE AREA.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Contents.--The management plan shall--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (2) identify sources of funding for the Heritage 
        Area;</DELETED>
        <DELETED>    (3) include--</DELETED>
                <DELETED>    (A) an inventory of the cultural, 
                historical, archaeological, natural, and recreational 
                resources of the Heritage Area; and</DELETED>
                <DELETED>    (B) an analysis of how Federal, State, 
                tribal, and local programs may best be coordinated to 
                promote and carry out this Act;</DELETED>
        <DELETED>    (4) provide recommendations for educational and 
        interpretive programs to inform the public about the resources 
        of the Heritage Area; and</DELETED>
        <DELETED>    (5) involve residents of affected communities and 
        tribal and local governments.</DELETED>
<DELETED>    (c) Approval or Disapproval of Management Plan.--
</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Disapproval and revisions.--If the Secretary 
        disapproves the management plan, the Secretary shall--
        </DELETED>
                <DELETED>    (A) advise the Alliance in writing of the 
                reasons for disapproval;</DELETED>
                <DELETED>    (B) make recommendations for revision of 
                the management plan; and</DELETED>
                <DELETED>    (C) allow the Alliance to submit to the 
                Secretary revisions to the management plan.</DELETED>
<DELETED>    (d) Revision.--After approval by the Secretary of the 
management plan, the Alliance shall periodically--</DELETED>
        <DELETED>    (1) review the management plan; and</DELETED>
        <DELETED>    (2) submit to the Secretary, for review and 
        approval by the Secretary, any recommendations for revisions to 
        the management plan.</DELETED>

<DELETED>SEC. 8. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 9. EFFECT OF ACT.</DELETED>

<DELETED>    (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).</DELETED>
<DELETED>    (b) Local Authority and Private Property Not Affected.--
Nothing in this Act affects or authorizes the Alliance to interfere 
with--</DELETED>
        <DELETED>    (1) the right of any person with respect to 
        private property; or</DELETED>
        <DELETED>    (2) any local zoning ordinance or land use plan of 
        the State or a political subdivision of the State.</DELETED>
<DELETED>    (c) No Effect on Indian Tribes.--Nothing in this Act--
</DELETED>
        <DELETED>    (1) restricts an Indian tribe from protecting 
        cultural or religious sites on tribal land; or</DELETED>
        <DELETED>    (2) diminishes the trust responsibilities or 
        government-to-government obligations of the United States to 
        any Indian tribe recognized by the Federal 
        Government.</DELETED>
<DELETED>    (d) Management of Fish and Wildlife.--Nothing in this 
Act--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (2) authorizes the Alliance to assume any 
        management authorities over such lands.</DELETED>

<DELETED>SEC. 10. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Mississippi Hills National Heritage 
Area Act of 2008''.

SEC. 2. DEFINITIONS.

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

SEC. 3. MISSISSIPPI HILLS NATIONAL HERITAGE AREA.

    (a) Establishment.--There is established the Mississippi Hills 
National Heritage Area in the State.
    (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.
    (c) Local Coordinating Entity.--
            (1) In general.--The local coordinating entity for the 
        Heritage Area shall be the Mississippi Hills Heritage Area 
        Alliance, a nonprofit organization registered by the State, 
        with the cooperation and support of the University of 
        Mississippi.
            (2) Board of directors.--
                    (A) In general.--The local coordinating entity 
                shall be governed by a Board of Directors comprised of 
                not more than 30 members.
                    (B) Composition.--Members of the Board of Directors 
                shall consist of--
                            (i) not more than 1 representative from 
                        each of the counties described in subsection 
                        (b)(1); and
                            (ii) any ex-officio members that may be 
                        appointed by the Board of Directors, as the 
                        Board of Directors determines to be necessary.

SEC. 4. DUTIES AND AUTHORITIES OF LOCAL COORDINATING ENTITY.

    (a) Duties of the Local Coordinating Entity.--To further the 
purposes of the Heritage Area, the local coordinating entity shall--
            (1) prepare, and submit to the Secretary, in accordance 
        with section 5, a management plan for the Heritage Area;
            (2) assist units of local government, regional planning 
        organizations, and nonprofit organizations in implementing the 
        approved management plan by--
                    (A) establishing and maintaining interpretive 
                exhibits and programs within the Heritage Area;
                    (B) developing recreational opportunities in the 
                Heritage Area;
                    (C) increasing public awareness of, and 
                appreciation for, natural, historical, cultural, 
                archaeological, and recreational resources of the 
                Heritage Area;
                    (D) restoring historic sites and buildings in the 
                Heritage Area that are consistent with the themes of 
                the Heritage Area; and
                    (E) carrying out any other activity that the local 
                coordinating entity determines to be consistent with 
                this Act;
            (3) conduct meetings open to the public at least annually 
        regarding the development and implementation of the management 
        plan;
            (4) 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 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;
            (5) 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;
            (6) require in all agreements authorizing expenditures of 
        Federal funds by other organizations, that the receiving 
        organizations make available for audit all records and other 
        information pertaining to the expenditure of the funds; and
            (7) ensure that each county included in the Heritage Area 
        is appropriately represented on any oversight advisory 
        committee established under this Act to coordinate the Heritage 
        Area.
    (b) Authorities.--The local coordinating entity may, subject to the 
prior approval of the Secretary, for the purposes of preparing and 
implementing the management plan, use Federal funds made available 
under this Act to--
            (1) make grants and loans to the State, political 
        subdivisions of the State, nonprofit organizations, and other 
        persons;
            (2) enter into cooperative agreements with, or provide 
        technical assistance to, the State, political subdivisions of 
        the State, nonprofit organizations, and other organizations;
            (3) hire and compensate staff;
            (4) obtain funds or services from any source, including 
        funds and services provided under any other Federal law or 
        program; and
            (5) contract for goods or services.
    (c) Prohibition on Acquisition of Real Property.--The local 
coordinating entity may not use Federal funds received under this Act 
to acquire any interest in real property.

SEC. 5. MANAGEMENT PLAN.

    (a) In General.--Not later than 3 years after the date on which 
funds are made available to develop the management plan, 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) provide recommendations for the preservation, 
        conservation, enhancement, funding, management, interpretation, 
        development, and promotion of the cultural, historical, 
        archaelogical, natural, and recreational resources of the 
        Heritage Area;
            (2) specify existing and potential sources of funding or 
        economic development strategies to protect, enhance, interpret, 
        fund, manage, and develop the Heritage Area;
            (3) include--
                    (A) an inventory of the natural, historical, 
                cultural, archaeological, 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 provide information to the public on 
        the resources of the Heritage Area; and
            (5) involve residents of affected communities and tribal 
        and local governments.
    (c) Termination of Funding.--If the management plan is not 
submitted to the Secretary in accordance with this subsection, the 
local coordinating entity shall not qualify for additional financial 
assistance under this Act until the management plan is submitted to, 
and approved by, the Secretary.
    (d) Approval of Management Plan.--
            (1) Review.--Not later than 180 days after the date on 
        which the Secretary receives the management plan, the Secretary 
        shall approve or disapprove the management plan.
            (2) Consultation required.--The Secretary shall consult 
        with the Governor of the State and any tribal government in 
        which the Heritage Area is located before approving the 
        management plan.
            (3) Criteria for approval.--In determining whether to 
        approve the management plan, the Secretary shall consider 
        whether--
                    (A) the local coordinating entity represents the 
                diverse interests of the Heritage Area, including 
                governments, natural and historical resource protection 
                organizations, educational institutions, businesses, 
                community residents, and recreational organizations;
                    (B) the local coordinating entity has afforded 
                adequate opportunity for public and governmental 
                involvement (including through workshops and public 
                meetings) in the preparation of the management plan;
                    (C) the resource protection and interpretation 
                strategies described in the management plan, if 
                implemented, would adequately protect the natural, 
                historical, cultural, archaeological, and recreational 
                resources of the Heritage Area;
                    (D) the management plan would not adversely affect 
                any activities authorized on Federal or tribal land 
                under applicable laws or land use plans;
                    (E) 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 aspects 
                of the management plan; and
                    (F) the local coordinating entity has demonstrated 
                the financial capability, in partnership with others, 
                to carry out the management plan.
            (4) Action following 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.
            (5) Review; amendments.--
                    (A) In general.--After approval by the Secretary of 
                the management plan, the Alliance shall periodically--
                            (i) review the management plan; and
                            (ii) submit to the Secretary, for review 
                        and approval by the Secretary, any 
                        recommendations for revisions to the management 
                        plan.
                    (B) 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.
                    (C) 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.

SEC. 6. DUTIES AND AUTHORITIES OF THE SECRETARY.

    (a) Technical and Financial Assistance.--
            (1) In general.--On the request of the local coordinating 
        entity, the Secretary may provide technical and financial 
        assistance, on a reimbursable or nonreimbursable basis (as 
        determined by the Secretary), 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, historical, 
                cultural, archaeological, and recreational resources of 
                the Heritage Area; and
                    (B) providing educational, interpretive, and 
                recreational opportunities consistent with the purposes 
                of the Heritage Area.
    (b) Evaluation; Report.--
            (1) 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--
                    (A) conduct an evaluation of the accomplishments of 
                the Heritage Area; and
                    (B) prepare a report with recommendations for the 
                future role of the National Park Service, if any, with 
                respect to the Heritage Area, in accordance with 
                paragraph (3).
            (2) Evaluation.--An evaluation conducted under paragraph 
        (1)(A) shall--
                    (A) assess the progress of the local coordinating 
                entity with respect to--
                            (i) accomplishing the purposes of this Act 
                        for the Heritage Area; and
                            (ii) achieving the goals and objectives of 
                        the approved management plan for the Heritage 
                        Area;
                    (B) analyze the Federal, State, local, and private 
                investments in the Heritage Area to determine the 
                leverage and impact of the investments; and
                    (C) 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.
            (3) Report.--
                    (A) In general.--Based on the evaluation conducted 
                under paragraph (1)(A), 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.
                    (B) Required analysis.--If the report prepared 
                under this paragraph recommends that Federal funding 
                for the Heritage Area be reauthorized, the report shall 
                include an analysis of--
                            (i) ways in which Federal funding for the 
                        Heritage Area may be reduced or eliminated; and
                            (ii) the appropriate time period necessary 
                        to achieve the recommended reduction or 
                        elimination.
                    (C) Submission to congress.--On completion of a 
                report under this paragraph, the Secretary shall submit 
                the report to--
                            (i) the Committee on Energy and Natural 
                        Resources of the Senate; and
                            (ii) the Committee on Natural Resources of 
                        the House of Representatives.

SEC. 7. 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) 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.
    (c) Other Federal Agencies.--Nothing in this Act--
            (1) modifies, alters, or amends 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. 8. EFFECT.

    (a) Property Owners 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 Federal, 
                tribal, State, or local government access) to the 
                property; or
                    (B) modify any provisions of Federal, tribal, 
                State, or local law with regard to public access or use 
                of private land;
            (3) alters any duly adopted land use regulations, approved 
        land use plan, or any other regulatory authority of any 
        Federal, State, or local agency, or tribal government;
            (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.
    (b) 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.

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) Availability.--Amounts made available under subsection (a) 
shall remain available until expended.
    (c) 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--
                    (A) shall be from non-Federal sources; and
                    (B) may be in the form of in-kind contributions of 
                goods or services fairly valued.

SEC. 10. TERMINATION OF FINANCIAL ASSISTANCE.

    The authority of the Secretary to provide financial assistance 
under this Act terminates on the date that is 15 years after the date 
of enactment of this Act.
                                                       Calendar No. 796

110th CONGRESS

  2d Session

                                S. 2254

                          [Report No. 110-364]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                             June 16, 2008

                       Reported with an amendment