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






                                                       Calendar No. 800
110th CONGRESS
  2d Session
                                S. 2512

                          [Report No. 110-368]

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 (for himself 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 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,

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

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

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

<DELETED>    Congress finds that--</DELETED>
        <DELETED>    (1) the historic, cultural, and natural heritage 
        legacies of the Mississippi Delta are--</DELETED>
                <DELETED>    (A) nationally significant; and</DELETED>
                <DELETED>    (B) in need of greater 
                recognition;</DELETED>
        <DELETED>    (2) in the alluvial floodplain that comprises the 
        Mississippi Delta there are a variety of diverse heritage 
        resources that demonstrate--</DELETED>
                <DELETED>    (A) the labors and social activities of 
                the earliest citizens of the United States, which are 
                revealed in--</DELETED>
                        <DELETED>    (i) numerous residential and 
                        ceremonial mound sites; and</DELETED>
                        <DELETED>    (ii) sites significant to the 
                        Quapaw, Tunica, Choctaw, and Chickasaw people 
                        and other Native Americans;</DELETED>
                <DELETED>    (B) the clearing and settlement of 1 of 
                the last wilderness frontiers in the 48 contiguous 
                States;</DELETED>
                <DELETED>    (C) the immigration of people of African, 
                Asian, and European descent to the United 
                States;</DELETED>
                <DELETED>    (D) the labors and social activities of 
                enslaved Africans who provided the bulk of the early 
                labor force for the development of--</DELETED>
                        <DELETED>    (i) large-scale plantation 
                        agriculture based on cotton, which is 1 of the 
                        most important commodities ever produced in the 
                        United States; and</DELETED>
                        <DELETED>    (ii) the birth and subsequent 
                        perfection of the art form that is known as the 
                        ``Mississippi Delta Blues'';</DELETED>
                <DELETED>    (E) the role of the Mississippi River as--
                </DELETED>
                        <DELETED>    (i) the architect and sometimes 
                        unmerciful tyrant of land; and</DELETED>
                        <DELETED>    (ii) an important transportation 
                        artery throughout the history of the United 
                        States;</DELETED>
                <DELETED>    (F) the story of the Great Flood of 1927, 
                which was a defining event in the history of the United 
                States;</DELETED>
                <DELETED>    (G) the struggles and triumphs of the 
                Civil Rights Movement; and</DELETED>
                <DELETED>    (H) the emergence of many local leaders 
                from the Civil Rights Movement;</DELETED>
        <DELETED>    (3) the Mississippi Delta is the ancestral home of 
        hundreds of thousands of people of the United States who--
        </DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (B) struggled for equal rights and equal 
                opportunities; and</DELETED>
                <DELETED>    (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;</DELETED>
        <DELETED>    (4) the scenic and natural beauty of the alluvial 
        floodplain known as the ``Yazoo-Mississippi Delta''--</DELETED>
                <DELETED>    (A) is distinctive and integral to the 
                heritage stories of the region; and</DELETED>
                <DELETED>    (B) provides critical habitat for 
                migrating birds passing through the Mississippi 
                Flyway;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (7) the small towns, inns, shops, restaurants, 
        artist's workshops, blues clubs, churches, landscape, and 
        vernacular architecture make the Mississippi Delta 
        unique;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>

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

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

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

<DELETED>    (a) Establishment.--There is established in the State the 
Mississippi Delta National Heritage Area.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (c) Map.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 5. DESIGNATION OF PARTNERSHIP AS COORDINATING 
              ENTITY.</DELETED>

<DELETED>    (a) In General.--The Mississippi Delta National Heritage 
Area Partnership shall be the coordinating entity for the Heritage 
Area.</DELETED>
<DELETED>    (b) Board of Directors.--</DELETED>
        <DELETED>    (1) Composition.--</DELETED>
                <DELETED>    (A) In general.--The coordinating entity 
                shall be governed by a Board of Directors composed of 
                15 members, of whom--</DELETED>
                        <DELETED>    (i) 1 member shall be appointed by 
                        Delta State University;</DELETED>
                        <DELETED>    (ii) 1 member shall be appointed 
                        by Mississippi Valley State 
                        University;</DELETED>
                        <DELETED>    (iii) 1 member shall be appointed 
                        by Alcorn State University;</DELETED>
                        <DELETED>    (iv) 1 member shall be appointed 
                        by the Delta Foundation;</DELETED>
                        <DELETED>    (v) 1 member shall be appointed by 
                        the Smith Robertson Museum;</DELETED>
                        <DELETED>    (vi) 1 member shall be appointed 
                        from the Office of the Governor of the 
                        State;</DELETED>
                        <DELETED>    (vii) 1 member shall be appointed 
                        by Delta Council;</DELETED>
                        <DELETED>    (viii) 1 member shall be appointed 
                        from the Mississippi Arts Commission;</DELETED>
                        <DELETED>    (ix) 1 member shall be appointed 
                        from the Mississippi Department of Archives and 
                        History.</DELETED>
                        <DELETED>    (x) 1 member shall be appointed 
                        from the Mississippi Humanities Council; 
                        and</DELETED>
                        <DELETED>    (xi) up to 5 additional members 
                        shall be appointed for staggered 1- and 2-year 
                        terms by County boards in the Heritage 
                        Area.</DELETED>
                <DELETED>    (B) Residency requirements.--At least 7 
                members of the Board shall reside in the Heritage 
                Area.</DELETED>
        <DELETED>    (2) Officers.--</DELETED>
                <DELETED>    (A) In general.--At the initial meeting of 
                the Board, the members of the Board shall appoint a 
                Chairperson, Vice Chairperson, and Secretary/
                Treasurer.</DELETED>
                <DELETED>    (B) Duties.--</DELETED>
                        <DELETED>    (i) Chairperson.--The duties of 
                        the Chairperson shall include--</DELETED>
                                <DELETED>    (I) presiding over 
                                meetings of the Board;</DELETED>
                                <DELETED>    (II) executing documents 
                                of the Board; and</DELETED>
                                <DELETED>    (III) coordinating 
                                activities of the Heritage Area with 
                                Federal, State, local, and 
                                nongovernmental officials.</DELETED>
                        <DELETED>    (ii) Vice chairperson.--The Vice 
                        Chairperson shall act as Chairperson in the 
                        absence or disability of the 
                        Chairperson.</DELETED>
        <DELETED>    (3) Management authority.--</DELETED>
                <DELETED>    (A) In general.--The Board shall--
                </DELETED>
                        <DELETED>    (i) exercise all corporate powers 
                        of the coordinating entity;</DELETED>
                        <DELETED>    (ii) manage the activities and 
                        affairs of the coordinating entity; 
                        and</DELETED>
                        <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (4) Bylaws.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 6. AUTHORITIES AND DUTIES OF COORDINATING 
              ENTITY.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Duties.--In carrying out this Act, the coordinating 
entity shall--</DELETED>
        <DELETED>    (1) implement the management plan;</DELETED>
        <DELETED>    (2) assist local and tribal governments and 
        nonprofit organizations in--</DELETED>
                <DELETED>    (A) establishing and maintaining 
                interpretive exhibits in the Heritage Area;</DELETED>
                <DELETED>    (B) developing recreational resources in 
                the Heritage Area;</DELETED>
                <DELETED>    (C) increasing public awareness of, and 
                appreciation for, the Heritage Area;</DELETED>
                <DELETED>    (D) restoring historic structures that 
                relate to the Heritage Area; and</DELETED>
                <DELETED>    (E) carrying out any other activity that 
                the coordinating entity determines to be appropriate to 
                carry out this Act, consistent with the management 
                plan;</DELETED>
        <DELETED>    (3) conduct public meetings at least annually 
        regarding the implementation of the management plan; 
        and</DELETED>
        <DELETED>    (4) for any fiscal year for which Federal funds 
        are made available for the Heritage Area--</DELETED>
                <DELETED>    (A) submit to the Secretary a report that 
                describes, for the fiscal year, the actions of the 
                coordinating entity in carrying out this Act;</DELETED>
                <DELETED>    (B) make available to the Secretary for 
                audit all records relating to the expenditure of funds 
                by any matching funds; and</DELETED>
                <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 7. MANAGEMENT PLAN.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Requirements.--The management plan shall--</DELETED>
        <DELETED>    (1) provide recommendations for the conservation, 
        funding, management, interpretation, and development 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, archeological, natural, and recreational 
                resources of the Heritage Area; and</DELETED>
                <DELETED>    (B) an analysis of ways in which Federal, 
                State, tribal, and local programs may best be 
                coordinated to promote the purposes of 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) 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.</DELETED>

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

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

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

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

SECTION 1. SHORT TITLE.

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

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Board.--The term ``Board'' means the Board of Directors 
        of the local coordinating entity.
            (2) Heritage area.--The term ``Heritage Area'' means the 
        Mississippi Delta National Heritage Area established by section 
        3(a).
            (3) Local coordinating entity.--The term ``local 
        coordinating entity'' means the local coordinating entity for 
        the Heritage Area designated by section 3(d)(1).
            (4) Management plan.--The term ``management plan'' means 
        the management plan for the Heritage Area developed under 
        section 5.
            (5) Map.--The term ``map'' means the map entitled 
        ``Mississippi Delta National Heritage Area'', numbered T13/
        80,000, and dated April 2008.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (7) State.--The term ``State'' means the State of 
        Mississippi.

SEC. 3. ESTABLISHMENT.

    (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, as depicted on the map.
    (c) Availability of Map.--The map shall be on file and available 
for public inspection in the office of the Director of the National 
Park Service.
    (d) Local Coordinating Entity.--
            (1) Designation.--The Mississippi Delta National Heritage 
        Area Partnership shall be the local coordinating entity for the 
        Heritage Area.
            (2) Board of directors.--
                    (A) Composition.--
                            (i) In general.--The local 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.
                            (ii) Residency requirements.--At least 7 
                        members of the Board shall reside in the 
                        Heritage Area.
                    (B) Officers.--
                            (i) In general.--At the initial meeting of 
                        the Board, the members of the Board shall 
                        appoint a Chairperson, Vice Chairperson, and 
                        Secretary/Treasurer.
                            (ii) Duties.--
                                    (I) Chairperson.--The duties of the 
                                Chairperson shall include--
                                            (aa) presiding over 
                                        meetings of the Board;
                                            (bb) executing documents of 
                                        the Board; and
                                            (cc) 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.
                    (C) Management authority.--
                            (i) In general.--The Board shall--
                                    (I) exercise all corporate powers 
                                of the local coordinating entity;
                                    (II) manage the activities and 
                                affairs of the local coordinating 
                                entity; and
                                    (III) subject to any limitations in 
                                the articles and bylaws of the local 
                                coordinating entity, this Act, and any 
                                other applicable Federal or State law, 
                                establish the policies of the local 
                                coordinating entity.
                            (ii) 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.
                    (D) Bylaws.--
                            (i) In general.--The Board may amend or 
                        repeal the bylaws of the local coordinating 
                        entity at any meeting of the Board by a 
                        majority vote of the Board.
                            (ii) 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.
                    (E) 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. 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) carrying out programs and projects that 
                recognize, protect, and enhance important resource 
                values within the Heritage Area;
                    (B) establishing and maintaining interpretive 
                exhibits and programs within the Heritage Area;
                    (C) developing recreational and educational 
                opportunities in the Heritage Area;
                    (D) increasing public awareness of, and 
                appreciation for, natural, historic, 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 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 purposes of the Heritage Area;
            (3) consider the interests of diverse units of government, 
        businesses, organizations, 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) 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;
            (6) 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;
            (7) 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
            (8) encourage, by appropriate means, economic development 
        that is consistent with the purposes of 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 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, Federal agencies, and other 
        interested parties;
            (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;
            (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.
    (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) describe comprehensive policies, goals, strategies, and 
        recommendations for telling the story of the heritage of the 
        region and encouraging long-term resource protection, 
        enhancement, interpretation, funding, management, and 
        development of the Heritage Area;
            (2) take into consideration existing State, county, and 
        local plans in the development and implementation of the 
        management plan;
            (3) include a description of actions and commitments that 
        governments, private organizations, and citizens plan to take 
        to protect, enhance, and interpret the cultural, historical, 
        archaeological, natural, and recreational resources of the 
        Heritage Area;
            (4) specify existing and potential sources of funding or 
        economic development strategies to protect, enhance, interpret, 
        fund, manage, and develop the Heritage Area;
            (5) include an inventory of the cultural, historical, 
        archaeological, natural, and recreational resources of the 
        Heritage Area relating to the stories and themes of the region 
        that should be protected, enhanced, managed, or developed;
            (6) recommend policies and strategies for resource 
        management including, the development of intergovernmental and 
        interagency agreements to protect the natural, historic, 
        cultural, educational, scenic, and recreational resources of 
        the Heritage Area;
            (7) describe a program for implementation of the management 
        plan, including--
                    (A) performance goals;
                    (B) plans for resource protection, enhancement, and 
                interpretation; and
                    (C) specific commitments for implementation that 
                have been made by the local coordinating entity or any 
                government, organization, business, or individual;
            (8) include an analysis of, and recommendations for, ways 
        in 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;
            (9) include an interpretive plan for the Heritage Area; and
            (10) 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) 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 historic 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 cultural, 
                historical, archaeological, natural, 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) 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.

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 cultural, 
                historical, archaeological, natural, and recreational 
                resources of the Heritage Area; and
                    (B) providing educational, interpretive, and 
                recreational opportunities consistent with the purposes 
                of the Heritage Area.
            (4) Prohibition of certain requirements.--The Secretary may 
        not, as a condition of the provision of technical or financial 
        assistance under this subsection, require any recipient of the 
        assistance to impose or modify any land use restriction or 
        zoning ordinance.
    (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. 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;
            (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) restricts an Indian tribe from protecting cultural or 
        religious sites on tribal land; or
            (9) diminishes the trust responsibilities of government-to-
        government obligations of the United States of any federally 
        recognized Indian tribe.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated to carry 
out this Act $10,000,000, of which not more than $1,000,000 may be made 
available for any fiscal year.
    (b) Cost-Sharing Requirement.--
            (1) In general.--The Federal share of the total cost of any 
        activity under this Act shall be not more than 50 percent.
            (2) Form.--The non-Federal contribution--
                    (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. 800

110th CONGRESS

  2d Session

                                S. 2512

                          [Report No. 110-368]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                             June 16, 2008

                       Reported with an amendment