[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 827 Reported in Senate (RS)]






                                                       Calendar No. 785
110th CONGRESS
  2d Session
                                 S. 827

                          [Report No. 110-353]

To establish the Freedom's Way National Heritage Area in the States of 
        Massachusetts and New Hampshire, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 8, 2007

  Mr. Kerry (for himself, Mr. Kennedy, and Mr. Sununu) 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 Freedom's Way National Heritage Area in the States of 
        Massachusetts and New Hampshire, 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 ``Freedom's Way National 
Heritage Area Act''.</DELETED>

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

<DELETED>    (a) Findings.--Congress finds as follows:</DELETED>
        <DELETED>    (1) The cultural and natural legacies of an area 
        encompassing 37 communities in Massachusetts and 8 communities 
        in New Hampshire have made important and distinctive 
        contributions to the national character of America.</DELETED>
        <DELETED>    (2) Recognizing and protecting those legacies will 
        help sustain the quality of life in the future.</DELETED>
        <DELETED>    (3) Significant legacies of the area include--
        </DELETED>
                <DELETED>    (A) the early settlement of the United 
                States and the early evolution of democratic forms of 
                government;</DELETED>
                <DELETED>    (B) the development of intellectual 
                traditions of the philosophies of freedom, democracy, 
                and conservation;</DELETED>
                <DELETED>    (C) the evolution of social ideas and 
                religious freedom;</DELETED>
                <DELETED>    (D) the role of immigrants and industry in 
                contributing to ethnic diversity;</DELETED>
                <DELETED>    (E) Native American and African American 
                resources; and</DELETED>
                <DELETED>    (F) the role of innovation and invention 
                in cottage industries.</DELETED>
        <DELETED>    (4) The communities in the area know the value of 
        the legacies but need a cooperative framework and technical 
        assistance to achieve important goals by working 
        together.</DELETED>
        <DELETED>    (5) There is a Federal interest in supporting the 
        development of a regional framework to assist the States, local 
        governments, local organizations, and other persons in the 
        region with conserving, protecting, and bringing recognition to 
        the heritage of the area for the educational and recreational 
        benefit of future generations of Americans.</DELETED>
        <DELETED>    (6) Significant examples of the area's resources 
        include--</DELETED>
                <DELETED>    (A) Walden Pond State Reservation in 
                Concord, Massachusetts;</DELETED>
                <DELETED>    (B) Minute Man National Historical Park in 
                the State of Massachusetts;</DELETED>
                <DELETED>    (C) Shaker Villages in Shirley and Harvard 
                in the State of Massachusetts;</DELETED>
                <DELETED>    (D) Wachusett Mountain State Reservation, 
                Fitchburg Art Museum, and Barrett House in New Ipswich, 
                New Hampshire; and</DELETED>
                <DELETED>    (E) Beaver Brook Farms and Lost City of 
                Monson in Hollis, New Hampshire.</DELETED>
        <DELETED>    (7) The study entitled ``Freedom's Way Heritage 
        Area Feasibility Study'', prepared by the Freedom's Way 
        Heritage Association, Inc., and the Massachusetts Department of 
        Environmental Management, demonstrates that there are 
        sufficient nationally distinctive historical resources 
        necessary to establish the Freedom's Way National Heritage 
        Area.</DELETED>
        <DELETED>    (8) The Freedom's Way Heritage Association, Inc., 
        should oversee the development of the Freedom's Way National 
        Heritage Area.</DELETED>
<DELETED>    (b) Purposes.--The purposes of this Act are--</DELETED>
        <DELETED>    (1) to foster a close working relationship between 
        the Secretary and all levels of government, the private sector, 
        and local communities in the States of Massachusetts and New 
        Hampshire;</DELETED>
        <DELETED>    (2) to assist the entities referred to in 
        paragraph (1) in preserving the special historic identity of 
        the Heritage Area; and</DELETED>
        <DELETED>    (3) to manage, preserve, protect, and interpret 
        the cultural, historical, and natural resources of the Heritage 
        Area for the educational and inspirational benefit of future 
        generations.</DELETED>

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

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Heritage area.--The term ``Heritage Area'' 
        means the Freedom's Way National Heritage Area established by 
        section 4(a).</DELETED>
        <DELETED>    (2) Management entity.--The term ``management 
        entity'' means the management entity for the Heritage Area 
        designated by section 4(d).</DELETED>
        <DELETED>    (3) Management plan.--The term ``management plan'' 
        means the management plan for the Heritage Area developed under 
        section 5.</DELETED>
        <DELETED>    (4) Map.--The term ``Map'' means the map entitled 
        ``</DELETED>_____________<DELETED>'', numbered 
        </DELETED>______________ <DELETED>and dated 
        </DELETED>_________<DELETED>.</DELETED>
        <DELETED>    (5) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior.</DELETED>

<DELETED>SEC. 4. FREEDOM'S WAY NATIONAL HERITAGE AREA.</DELETED>

<DELETED>    (a) Establishment.--There is established the Freedom's Way 
National Heritage Area in the States of Massachusetts and New 
Hampshire.</DELETED>
<DELETED>    (b) Boundaries.--</DELETED>
        <DELETED>    (1) In general.--The Heritage Area shall consist 
        of the land within the boundaries of the Heritage Area, as 
        depicted on the Map.</DELETED>
        <DELETED>    (2) Revision.--The boundaries of the Heritage Area 
        may be revised if the revision is--</DELETED>
                <DELETED>    (A) proposed in the management 
                plan;</DELETED>
                <DELETED>    (B) approved by the Secretary in 
                accordance with section 5(c); and</DELETED>
                <DELETED>    (C) placed on file in accordance with 
                subsection (c).</DELETED>
<DELETED>    (c) Map and Legal Description.--</DELETED>
        <DELETED>    (1) In general.--As soon as practicable after the 
        date of the enactment of this Act, the Secretary shall publish 
        in the Federal Register a legal description of the Heritage 
        Area.</DELETED>
        <DELETED>    (2) Availability.--The Map shall be on file and 
        available for public inspection in the appropriate offices of 
        the National Park Service.</DELETED>
<DELETED>    (d) Management Entity.--The Freedom's Way Heritage 
Association, Inc. shall serve as the management entity for the Heritage 
Area.</DELETED>

<DELETED>SEC. 5. MANAGEMENT PLAN.</DELETED>

<DELETED>    (a) In General.--Not later than 3 years after the date of 
the enactment of this Act, the management entity shall develop and 
submit to the Secretary for approval a management plan for the Heritage 
Area that presents comprehensive recommendations and strategies for the 
conservation, funding, management, and development of the Heritage 
Area.</DELETED>
<DELETED>    (b) Requirements.--The management plan shall--</DELETED>
        <DELETED>    (1) take into consideration and coordinate 
        Federal, State, and local plans to present a unified historic 
        preservation and interpretation plan;</DELETED>
        <DELETED>    (2) involve residents, public agencies, and 
        private organizations in the Heritage Area;</DELETED>
        <DELETED>    (3) describe actions that units of government and 
        private organizations recommend for the protection of the 
        resources of the Heritage Area;</DELETED>
        <DELETED>    (4) identify existing and potential sources of 
        Federal and non-Federal funding for the conservation, 
        management, and development of the Heritage Area; and</DELETED>
        <DELETED>    (5) include--</DELETED>
                <DELETED>    (A) an inventory of the cultural, 
                historic, natural, or recreational resources contained 
                in the Heritage Area, including a list of property 
                that--</DELETED>
                        <DELETED>    (i) is related to the themes of 
                        the Heritage Area; and</DELETED>
                        <DELETED>    (ii) should be conserved, 
                        restored, managed, developed, or 
                        maintained;</DELETED>
                <DELETED>    (B) a recommendation of policies for 
                resource management and protection that--</DELETED>
                        <DELETED>    (i) apply appropriate land and 
                        water management techniques;</DELETED>
                        <DELETED>    (ii) develop intergovernmental 
                        cooperative agreements to manage and protect 
                        the cultural, historic, and natural resources 
                        and recreation opportunities of the Heritage 
                        Area; and</DELETED>
                        <DELETED>    (iii) support economic 
                        revitalization efforts;</DELETED>
                <DELETED>    (C) a program of strategies and actions to 
                implement the management plan that--</DELETED>
                        <DELETED>    (i) identifies the roles of 
                        agencies and organizations that are involved in 
                        the implementation of the management plan and 
                        the role of the management entity; 
                        and</DELETED>
                        <DELETED>    (ii) includes--</DELETED>
                                <DELETED>    (I) restoration and 
                                construction plans or goals;</DELETED>
                                <DELETED>    (II) a program of public 
                                involvement;</DELETED>
                                <DELETED>    (III) annual work plans; 
                                and</DELETED>
                                <DELETED>    (IV) annual 
                                reports;</DELETED>
                <DELETED>    (D) an analysis of ways in which Federal, 
                State, and local programs may best be coordinated to 
                promote the purposes of this Act;</DELETED>
                <DELETED>    (E) an interpretive and educational plan 
                for the Heritage Area;</DELETED>
                <DELETED>    (F) any revisions proposed by the 
                management entity to the boundaries of the Heritage 
                Area and requested by the affected local government; 
                and</DELETED>
                <DELETED>    (G) a process to provide public access to 
                the management entity for the purpose of attempting to 
                resolve informally any disputes arising from the 
                management plan.</DELETED>
<DELETED>    (c) Failure To Submit.--If the management entity fails to 
submit the management plan to the Secretary in accordance with 
subsection (a), the Heritage Area shall no longer qualify for Federal 
funding.</DELETED>
<DELETED>    (d) Approval or Disapproval of Management Plan.--
</DELETED>
        <DELETED>    (1) In general.--Not later than 90 days after 
        receipt of the management plan under subsection (a), the 
        Secretary shall approve or disapprove the management 
        plan.</DELETED>
        <DELETED>    (2) Criteria.--In determining whether to approve 
        the management plan, the Secretary shall consider whether--
        </DELETED>
                <DELETED>    (A) the management entity afforded 
                adequate opportunity, including public hearings, for 
                public and governmental involvement in the preparation 
                of the management plan;</DELETED>
                <DELETED>    (B) the resource protection and 
                interpretation strategies contained in the management 
                plan would adequately protect the cultural and historic 
                resources of the Heritage Area; and</DELETED>
                <DELETED>    (C) the Secretary has received adequate 
                assurances from the appropriate State and local 
                officials whose support is needed to ensure the 
                effective implementation of the State and local aspects 
                of the management plan.</DELETED>
        <DELETED>    (3) Action following disapproval.--If the 
        Secretary disapproves the management plan under paragraph (1), 
        the Secretary shall--</DELETED>
                <DELETED>    (A) advise the management entity in 
                writing of the reasons for the disapproval;</DELETED>
                <DELETED>    (B) make recommendations for revisions to 
                the management plan; and</DELETED>
                <DELETED>    (C) not later than 60 days after the 
                receipt of any proposed revision of the management plan 
                from the management entity, approve or disapprove the 
                proposed revision.</DELETED>
<DELETED>    (e) Amendments.--</DELETED>
        <DELETED>    (1) In general.--In accordance with subsection 
        (b), the Secretary shall approve or disapprove each amendment 
        to the management plan that the Secretary determines may make a 
        substantial change to the management plan.</DELETED>
        <DELETED>    (2) Use of funds.--Funds made available under this 
        Act shall not be expended by the management entity to implement 
        an amendment described in paragraph (1) until the Secretary 
        approves the amendment.</DELETED>

<DELETED>SEC. 6. AUTHORITIES, DUTIES, AND PROHIBITIONS OF THE 
              MANAGEMENT ENTITY.</DELETED>

<DELETED>    (a) Authorities.--The Management Entity may, for purposes 
of preparing and implementing the management plan, use funds made 
available under this Act to--</DELETED>
        <DELETED>    (1) make grants to, and enter into cooperative 
        agreements with, the States of Massachusetts and New Hampshire 
        (including a political subdivision), a nonprofit organization, 
        or any person;</DELETED>
        <DELETED>    (2) hire and compensate staff;</DELETED>
        <DELETED>    (3) obtain funds from any source (including a 
        program that has a cost-sharing requirement); and</DELETED>
        <DELETED>    (4) contract for goods and services.</DELETED>
<DELETED>    (b) Duties of the Management Entity.--In addition to 
developing the management plan, the management entity shall--</DELETED>
        <DELETED>    (1) give priority to the implementation of 
        actions, goals, and strategies set forth in the management 
        plan, including assisting units of government and other persons 
        in--</DELETED>
                <DELETED>    (A) carrying out the programs that 
                recognize and protect important resource values in the 
                Heritage Area;</DELETED>
                <DELETED>    (B) encouraging economic viability in the 
                Heritage Area in accordance with the goals of the 
                management plan;</DELETED>
                <DELETED>    (C) establishing and maintaining 
                interpretive exhibits in the Heritage Area;</DELETED>
                <DELETED>    (D) developing recreational and 
                educational opportunities in the Heritage 
                Area;</DELETED>
                <DELETED>    (E) increasing public awareness of and 
                appreciation for the cultural, historical, and natural 
                resources of the Heritage Area;</DELETED>
                <DELETED>    (F) restoring historic buildings that 
                are--</DELETED>
                        <DELETED>    (i) located in the Heritage Area; 
                        and</DELETED>
                        <DELETED>    (ii) relate to the themes of the 
                        Heritage Area; and</DELETED>
                <DELETED>    (G) installing throughout the Heritage 
                Area clear, consistent, and appropriate signs 
                identifying public access points and sites of 
                interest;</DELETED>
        <DELETED>    (2) prepare and implement the management plan 
        while considering the interests of diverse units of government, 
        businesses, private property owners, and nonprofit groups 
        within the Heritage Area;</DELETED>
        <DELETED>    (3) conduct public meetings at least quarterly 
        regarding the development and implementation of the management 
        plan;</DELETED>
        <DELETED>    (4) for any fiscal year for which Federal funds 
        are received under this Act--</DELETED>
                <DELETED>    (A) submit to the Secretary a report that 
                describes, for the year--</DELETED>
                        <DELETED>    (i) the accomplishments of the 
                        management entity;</DELETED>
                        <DELETED>    (ii) the expenses and income of 
                        the management entity; and</DELETED>
                        <DELETED>    (iii) each entity to which a grant 
                        was made;</DELETED>
                <DELETED>    (B) make available for audit by Congress, 
                the Secretary, and appropriate units of government, all 
                records pertaining to the expenditure of the funds and 
                any matching funds; and</DELETED>
                <DELETED>    (C) require, for all agreements 
                authorizing expenditure of Federal funds by any entity, 
                that the receiving entity make available for audit all 
                records pertaining to the expenditure of the 
                funds.</DELETED>
<DELETED>    (c) Prohibition on the Acquisition of Real Property.--The 
management entity shall not use Federal funds made available under this 
Act to acquire real property or any interest in real 
property.</DELETED>

<DELETED>SEC. 7. TECHNICAL AND FINANCIAL ASSISTANCE; OTHER FEDERAL 
              AGENCIES.</DELETED>

<DELETED>    (a) Technical and Financial Assistance.--</DELETED>
        <DELETED>    (1) In general.--On the request of the management 
        entity, the Secretary may provide technical and financial 
        assistance for the development and implementation of the 
        management plan.</DELETED>
        <DELETED>    (2) Priority for assistance.--In providing 
        assistance under paragraph (1), the Secretary shall give 
        priority to actions that assist in--</DELETED>
                <DELETED>    (A) conserving the significant cultural, 
                historic, and natural resources of the Heritage Area; 
                and</DELETED>
                <DELETED>    (B) providing educational, interpretive, 
                and recreational opportunities consistent with the 
                purposes of the Heritage Area.</DELETED>
        <DELETED>    (3) Spending for non-federal property.--The 
        management entity may expend Federal funds made available under 
        this Act on nonfederally owned property that is--</DELETED>
                <DELETED>    (A) identified in the management plan; 
                or</DELETED>
                <DELETED>    (B) listed or eligible for listing on the 
                National Register of Historic Places.</DELETED>
        <DELETED>    (4) Other assistance.--The Secretary may enter 
        into cooperative agreements with public and private 
        organizations to carry out this subsection.</DELETED>
<DELETED>    (b) Other Federal Agencies.--Any Federal entity conducting 
or supporting an activity that directly affects the Heritage Area 
shall--</DELETED>
        <DELETED>    (1) consider the potential effect of the activity 
        on the purposes of the Heritage Area and the management 
        plan;</DELETED>
        <DELETED>    (2) consult with the management entity regarding 
        the activity; and</DELETED>
        <DELETED>    (3) to the maximum extent practicable, conduct or 
        support the activity to avoid adverse effects on the Heritage 
        Area.</DELETED>

<DELETED>SEC. 8. LAND USE REGULATION; APPLICABILITY OF FEDERAL 
              LAW.</DELETED>

<DELETED>    (a) Land Use Regulation.--</DELETED>
        <DELETED>    (1) In general.--The management entity shall 
        provide assistance and encouragement to State and local 
        governments, private organizations, and persons to protect and 
        promote the resources and values of the Heritage 
        Area.</DELETED>
        <DELETED>    (2) Effect.--Nothing in this Act--</DELETED>
                <DELETED>    (A) affects the authority of the State or 
                local governments to regulate under law any use of 
                land; or</DELETED>
                <DELETED>    (B) grants any power of zoning or land use 
                to the management entity.</DELETED>
<DELETED>    (b) Private Property.--</DELETED>
        <DELETED>    (1) In general.--The management entity shall be an 
        advocate for land management practices consistent with the 
        purposes of the Heritage Area.</DELETED>
        <DELETED>    (2) Effect.--Nothing in this Act--</DELETED>
                <DELETED>    (A) abridges the rights of any person with 
                regard to private property;</DELETED>
                <DELETED>    (B) affects the authority of the State or 
                local government regarding private property; 
                or</DELETED>
                <DELETED>    (C) imposes any additional burden on any 
                property owner.</DELETED>

<DELETED>SEC. 9. 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 authorized to be appropriated for any fiscal year.</DELETED>
<DELETED>    (b) Cost-Sharing Requirement.--The Federal share of the 
total cost of any activity assisted under this Act shall be not more 
than 50 percent.</DELETED>

<DELETED>SEC. 10. TERMINATION OF AUTHORITY.</DELETED>

<DELETED>    The authority of the Secretary to provide assistance under 
this Act terminates on the date that is 15 years after the date of the 
enactment of this Act.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Freedom's Way National Heritage Area 
Act''.

SEC. 2. PURPOSES.

    The purposes of this Act are--
            (1) to foster a close working relationship between the 
        Secretary and all levels of government, the private sector, and 
        local communities in the States of Massachusetts and New 
        Hampshire;
            (2) to assist the entities described in paragraph (1) to 
        preserve the special historic identity of the Heritage Area; 
        and
            (3) to manage, preserve, protect, and interpret the 
        cultural, historic, and natural resources of the Heritage Area 
        for the educational and inspirational benefit of future 
        generations.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Heritage area.--The term ``Heritage Area'' means the 
        Freedom's Way National Heritage Area established by section 
        4(a).
            (2) Local coordinating entity.--The term ``local 
        coordinating entity'' means the local coordinating entity for 
        the Heritage Area designated by section 4(d).
            (3) Management plan.--The term ``management plan'' means 
        the management plan for the Heritage Area required under 
        section 5(a)(1).
            (4) Map.--The term ``map'' means the map entitled 
        ``Freedom's Way National Heritage Area'', numbered T04/80,000, 
        and dated July 2007.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 4. ESTABLISHMENT.

    (a) In General.--There is established the Freedom's Way National 
Heritage Area in the States of Massachusetts and New Hampshire.
    (b) Boundaries.--
            (1) In general.--The boundaries of the Heritage Area shall 
        be as generally depicted on the map.
            (2) Revision.--The boundaries of the Heritage Area may be 
        revised if the revision is--
                    (A) proposed in the management plan;
                    (B) approved by the Secretary in accordance with 
                section 6(d); and
                    (C) placed on file in accordance with subsection 
                (c).
    (c) Availability of Map.--The map shall be on file and available 
for public inspection in the appropriate offices of the National Park 
Service and the local coordinating entity.
    (d) Local Coordinating Entity.--The Freedom's Way Heritage 
Association, Inc., shall be the local coordinating entity for the 
Heritage Area.

SEC. 5. 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 6, 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 and protect 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, and cultural 
                resources of the Heritage Area;
                    (E) protecting and restoring historic buildings in 
                the Heritage Area that are consistent with the themes 
                of the Heritage Area; and
                    (F) ensuring that signs identifying points of 
                public access and sites of interest are posted 
                throughout 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 quarterly 
        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 States of Massachusetts and New 
        Hampshire, political subdivisions of the States, nonprofit 
        organizations, and other persons;
            (2) enter into cooperative agreements with, or provide 
        technical assistance to, the States of Massachusetts and New 
        Hampshire, political subdivisions of the States, 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.
    (d) Use of Funds for Non-Federal Property.--The local coordinating 
entity may use Federal funds made available under this Act to assist 
non-Federal property that is--
            (1) described in the management plan; or
            (2) listed, or eligible for listing, on the National 
        Register of Historic Places.

SEC. 6. 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 the conservation, 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) provide a framework for coordination of the plans 
        considered under paragraph (2) to present a unified historic 
        preservation and interpretation plan;
            (4) contain the contributions of residents, public 
        agencies, and private organizations within the Heritage Area;
            (5) include a description of actions and commitments that 
        governments, private organizations, and citizens plan to take 
        to protect, enhance, and interpret the natural, historic, 
        scenic, and cultural resources of the Heritage Area;
            (6) specify existing and potential sources of funding or 
        economic development strategies to conserve, manage, and 
        develop the Heritage Area;
            (7) include an inventory of the natural, historic, and 
        recreational resources of the Heritage Area, including a list 
        of properties that--
                    (A) are related to the themes of the Heritage Area; 
                and
                    (B) should be conserved, restored, managed, 
                developed, or maintained;
            (8) recommend policies and strategies for resource 
        management that--
                    (A) apply appropriate land and water management 
                techniques;
                    (B) include the development of intergovernmental 
                and interagency agreements to protect the natural, 
                historic, and cultural resources of the Heritage Area; 
                and
                    (C) support economic revitalization efforts;
            (9) describe a program for implementation of the management 
        plan, including--
                    (A) restoration and construction plans or goals;
                    (B) a program of public involvement;
                    (C) annual work plans; and
                    (D) annual reports;
            (10) 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;
            (11) include an interpretive plan for the Heritage Area; 
        and
            (12) 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 section, 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) 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 natural, 
                historic, and cultural 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.
            (3) 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.
            (4) Amendments.--
                    (A) In general.--An amendment to the management 
                plan that substantially alters the purposes of the 
                Heritage Area shall be reviewed by the Secretary and 
                approved or disapproved in the same manner as the 
                original management plan.
                    (B) Implementation.--The local coordinating entity 
                shall not use Federal funds authorized to be 
                appropriated by this Act to implement an amendment to 
                the management plan until the Secretary approves the 
                amendment.

SEC. 7. 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, historic, 
                and cultural 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 11, 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. 8. 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. 9. 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 States of Massachusetts 
        and New Hampshire 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.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated to carry 
out this Act $10,000,000, of which not more than $1,000,000 may be made 
available for any fiscal year.
    (b) Availability.--Funds 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 may be in the form 
        of in-kind contributions of goods or services fairly valued.

SEC. 11. 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. 785

110th CONGRESS

  2d Session

                                 S. 827

                          [Report No. 110-353]

_______________________________________________________________________

                                 A BILL

To establish the Freedom's Way National Heritage Area in the States of 
        Massachusetts and New Hampshire, and for other purposes.

_______________________________________________________________________

                             June 16, 2008

                       Reported with an amendment