[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2512 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                S. 2512

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 18, 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 Delta 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 Delta National Heritage 
Area Act of 2007''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the historic, cultural, and natural heritage legacies 
        of the Mississippi Delta are--
                    (A) nationally significant; and
                    (B) in need of greater recognition;
            (2) in the alluvial floodplain that comprises the 
        Mississippi Delta there are a variety of diverse heritage 
        resources that demonstrate--
                    (A) the labors and social activities of the 
                earliest citizens of the United States, which are 
                revealed in--
                            (i) numerous residential and ceremonial 
                        mound sites; and
                            (ii) sites significant to the Quapaw, 
                        Tunica, Choctaw, and Chickasaw people and other 
                        Native Americans;
                    (B) the clearing and settlement of 1 of the last 
                wilderness frontiers in the 48 contiguous States;
                    (C) the immigration of people of African, Asian, 
                and European descent to the United States;
                    (D) the labors and social activities of enslaved 
                Africans who provided the bulk of the early labor force 
                for the development of--
                            (i) large-scale plantation agriculture 
                        based on cotton, which is 1 of the most 
                        important commodities ever produced in the 
                        United States; and
                            (ii) the birth and subsequent perfection of 
                        the art form that is known as the ``Mississippi 
                        Delta Blues'';
                    (E) the role of the Mississippi River as--
                            (i) the architect and sometimes unmerciful 
                        tyrant of land; and
                            (ii) an important transportation artery 
                        throughout the history of the United States;
                    (F) the story of the Great Flood of 1927, which was 
                a defining event in the history of the United States;
                    (G) the struggles and triumphs of the Civil Rights 
                Movement; and
                    (H) the emergence of many local leaders from the 
                Civil Rights Movement;
            (3) the Mississippi Delta is the ancestral home of hundreds 
        of thousands of people of the United States who--
                    (A) migrated north, east, and west during the Great 
                Migration seeking employment and freedom and populating 
                the cities of the United States in the process;
                    (B) struggled for equal rights and equal 
                opportunities; and
                    (C) carried their culture, including their family 
                life, faith, food, lifestyle, and music to the rest of 
                the United States, which transformed the United States 
                in the process;
            (4) the scenic and natural beauty of the alluvial 
        floodplain known as the ``Yazoo-Mississippi Delta''--
                    (A) is distinctive and integral to the heritage 
                stories of the region; and
                    (B) provides critical habitat for migrating birds 
                passing through the Mississippi Flyway;
            (5) the agricultural heritage of the Delta, especially with 
        regards to the cultivation of cotton, soybeans, rice, and 
        catfish has contributed significantly to the story and economy 
        of the United States;
            (6) many of the greatest leaders of the United States in 
        literature, music, civil rights, politics, culinary arts, 
        poetry, society, and religion have come from the Mississippi 
        Delta;
            (7) the small towns, inns, shops, restaurants, artist's 
        workshops, blues clubs, churches, landscape, and vernacular 
        architecture make the Mississippi Delta unique;
            (8) the Mississippi Delta is known internationally as the 
        birthplace of the musical form known as the ``Blues'', which 
        provided the basis for much of modern popular music; and
            (9) there is broad support from local governments and other 
        interested individuals for the establishment of the Mississippi 
        Delta National Heritage Area to coordinate and assist in the 
        preservation and interpretation of the resources of the region.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Board.--The term ``Board'' means the Board of Directors 
        of the coordinating entity established under section 3(b).
            (2) Heritage area.--The term ``Heritage Area'' means the 
        Mississippi Delta National Heritage Area established by section 
        4(a).
            (3) Coordinating entity.--The term ``coordinating entity'' 
        means the coordinating entity for the Heritage Area designated 
        by section 5(a).
            (4) Management plan.--The term ``management plan'' means 
        the management plan for the Heritage Area developed under 
        section 7.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (6) State.--The term ``State'' means the State of 
        Mississippi.

SEC. 4. MISSISSIPPI DELTA NATIONAL HERITAGE AREA.

    (a) Establishment.--There is established in the State the 
Mississippi Delta National Heritage Area.
    (b) Boundaries.--The Heritage Area shall include all counties in 
the State that contain land located in the alluvial floodplain of the 
Mississippi Delta, including Bolivar, Carroll, Coahoma, Desoto, Holmes, 
Humphreys, Issaquena, Leflore, Panola, Quitman, Sharkey, Sunflower, 
Tallahatchie, Tate, Tunica, Warren, Washington, and Yazoo Counties in 
the State.
    (c) Map.--
            (1) In general.--As soon as practicable after the date of 
        enactment of this Act, the Secretary shall prepare a map of the 
        Heritage Area.
            (2) Availability.--The map prepared under paragraph (1) 
        shall be on file and available for public inspection in the 
        office of the Director of the National Park Service.

SEC. 5. DESIGNATION OF PARTNERSHIP AS COORDINATING ENTITY.

    (a) In General.--The Mississippi Delta National Heritage Area 
Partnership shall be the coordinating entity for the Heritage Area.
    (b) Board of Directors.--
            (1) Composition.--
                    (A) In general.--The coordinating entity shall be 
                governed by a Board of Directors composed of 15 
                members, of whom--
                            (i) 1 member shall be appointed by Delta 
                        State University;
                            (ii) 1 member shall be appointed by 
                        Mississippi Valley State University;
                            (iii) 1 member shall be appointed by Alcorn 
                        State University;
                            (iv) 1 member shall be appointed by the 
                        Delta Foundation;
                            (v) 1 member shall be appointed by the 
                        Smith Robertson Museum;
                            (vi) 1 member shall be appointed from the 
                        Office of the Governor of the State;
                            (vii) 1 member shall be appointed by Delta 
                        Council;
                            (viii) 1 member shall be appointed from the 
                        Mississippi Arts Commission;
                            (ix) 1 member shall be appointed from the 
                        Mississippi Department of Archives and History.
                            (x) 1 member shall be appointed from the 
                        Mississippi Humanities Council; and
                            (xi) up to 5 additional members shall be 
                        appointed for staggered 1- and 2-year terms by 
                        County boards in the Heritage Area.
                    (B) Residency requirements.--At least 7 members of 
                the Board shall reside in the Heritage Area.
            (2) Officers.--
                    (A) In general.--At the initial meeting of the 
                Board, the members of the Board shall appoint a 
                Chairperson, Vice Chairperson, and Secretary/Treasurer.
                    (B) Duties.--
                            (i) Chairperson.--The duties of the 
                        Chairperson shall include--
                                    (I) presiding over meetings of the 
                                Board;
                                    (II) executing documents of the 
                                Board; and
                                    (III) coordinating activities of 
                                the Heritage Area with Federal, State, 
                                local, and nongovernmental officials.
                            (ii) Vice chairperson.--The Vice 
                        Chairperson shall act as Chairperson in the 
                        absence or disability of the Chairperson.
            (3) Management authority.--
                    (A) In general.--The Board shall--
                            (i) exercise all corporate powers of the 
                        coordinating entity;
                            (ii) manage the activities and affairs of 
                        the coordinating entity; and
                            (iii) subject to any limitations in the 
                        articles and bylaws of the coordinating entity, 
                        this Act, and any other applicable Federal or 
                        State law, establish the policies of the 
                        coordinating entity.
                    (B) Staff.--The Board shall have the authority to 
                employ any services and staff that are determined to be 
                necessary by a majority vote of the Board.
            (4) Bylaws.--
                    (A) In general.--The Board may amend or repeal the 
                bylaws of the coordinating entity at any meeting of the 
                Board by a majority vote of the Board.
                    (B) Notice.--The Board shall provide notice of any 
                meeting of the Board at which an amendment to the 
                bylaws is to be considered that includes the text or a 
                summary of the proposed amendment.
            (5) Minutes.--Not later than 60 days after a meeting of the 
        Board, the Board shall distribute the minutes of the meeting 
        among all Board members and the county supervisors in each 
        county within the Heritage Area.

SEC. 6. AUTHORITIES AND DUTIES OF COORDINATING ENTITY.

    (a) Authorities.--For purposes of developing and implementing the 
management plan and otherwise carrying out this Act, the coordinating 
entity may make grants and provide technical assistance to tribal and 
local governments and other public and private entities.
    (b) Duties.--In carrying out this Act, the coordinating entity 
shall--
            (1) implement the management plan;
            (2) assist local and tribal governments and nonprofit 
        organizations in--
                    (A) establishing and maintaining interpretive 
                exhibits in the Heritage Area;
                    (B) developing recreational resources in the 
                Heritage Area;
                    (C) increasing public awareness of, and 
                appreciation for, the Heritage Area;
                    (D) restoring historic structures that relate to 
                the Heritage Area; and
                    (E) carrying out any other activity that the 
                coordinating entity determines to be appropriate to 
                carry out this Act, consistent with the management 
                plan;
            (3) conduct public meetings at least annually regarding the 
        implementation of the management plan; and
            (4) for any fiscal year for which Federal funds are made 
        available for the Heritage Area--
                    (A) submit to the Secretary a report that 
                describes, for the fiscal year, the actions of the 
                coordinating entity in carrying out this Act;
                    (B) make available to the Secretary for audit all 
                records relating to the expenditure of funds by any 
                matching funds; and
                    (C) require, for all agreements 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.
    (c) Prohibition of Acquisition of Real Property.--The coordinating 
entity shall not use any Federal funds made available under this Act to 
acquire real property or any interest in real property.

SEC. 7. MANAGEMENT PLAN.

    (a) In General.--Not later than 3 years after the date of enactment 
of this Act, the coordinating entity shall develop and submit to the 
Secretary a management plan for the Heritage Area.
    (b) Requirements.--The management plan shall--
            (1) provide recommendations for the conservation, funding, 
        management, interpretation, and development 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, 
                archeological, natural, and recreational resources of 
                the Heritage Area; and
                    (B) an analysis of ways in which Federal, State, 
                tribal, and local programs may best be coordinated to 
                promote the purposes of 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) Failure to Submit.--If a management plan is not submitted to 
the Secretary by the date specified in subsection (a), the Secretary 
shall not provide any additional funding under this Act until a 
management plan for the Heritage Area is submitted to the Secretary.

SEC. 8. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES.

    (a) In General.--On the request of the coordinating entity, the 
Secretary may provide technical and financial assistance to the 
coordinating entity for use in the development and implementation of 
the management plan.
    (b) Prohibition of Certain Requirements.--The Secretary may not, as 
a condition of the provision of technical or financial assistance under 
this section, require any recipient of the assistance to impose or 
modify any land use restriction or zoning ordinance.

SEC. 9. EFFECT.

    Nothing in this Act--
            (1) affects or authorizes the coordinating entity to 
        interfere with--
                    (A) the right of any person with respect to private 
                property; or
                    (B) any local zoning ordinance or land use plan;
            (2) restricts an Indian tribe from protecting cultural or 
        religious sites on tribal land;
            (3) 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);
            (4)(A) 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; or
            (B) authorizes the coordinating entity to assume any 
        authority to manage fish and wildlife in the Heritage Area; or
            (5) diminishes the trust responsibilities or government-to-
        government obligations of the United States of any federally 
        recognized Indian tribe.
                                 <all>