1.This Act may be cited as the
Freedom’s Way National Heritage Area
Act
.
2.
(a)Congress
finds as follows:
(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.
(2)Recognizing and
protecting those legacies will help sustain the quality of life in the
future.
(3)Significant
legacies of the area include—
(A)the early
settlement of the United States and the early evolution of democratic forms of
government;
(B)the development of
intellectual traditions of the philosophies of freedom, democracy, and
conservation;
(C)the evolution of
social ideas and religious freedom;
(D)the role of
immigrants and industry in contributing to ethnic diversity;
(E)Native American
and African American resources; and
(F)the role of
innovation and invention in cottage industries.
(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.
(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.
(6)Significant
examples of the area’s resources include—
(A)Walden Pond State
Reservation in Concord, Massachusetts;
(B)Minute Man
National Historical Park in the State of Massachusetts;
(C)Shaker Villages in
Shirley and Harvard in the State of Massachusetts;
(D)Wachusett Mountain
State Reservation, Fitchburg Art Museum, and Barrett House in New Ipswich, New
Hampshire; and
(E)Beaver Brook Farms
and Lost City of Monson in Hollis, New Hampshire.
(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.
(8)The Freedom’s Way
Heritage Association, Inc., should oversee the development of the Freedom’s Way
National Heritage Area.
(b)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 referred to in paragraph (1) in preserving the special historic
identity of the Heritage Area; and
(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.
3.In this Act:
(1)The term Heritage Area means the Freedom’s Way
National Heritage Area established by section 4(a).
(2)The term management entity means the
management entity for the Heritage Area designated by section 4(d).
(3)The term management plan means the management
plan for the Heritage Area developed under section 5.
(4)The
term Map means the map entitled _____________
,
numbered ______________ and dated _________.
(5)The
term Secretary means the Secretary of the Interior.
4.Freedom’s way
national Heritage Area
(a)There
is established the Freedom’s Way National Heritage Area in the States of
Massachusetts and New Hampshire.
(b)
(1)The Heritage Area shall consist of the land within the
boundaries of the Heritage Area, as depicted on the Map.
(2)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 5(c); and
(C)placed on file in
accordance with subsection (c).
(c)Map and legal
description
(1)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.
(2)The
Map shall be on file and available for public inspection in the appropriate
offices of the National Park Service.
(d)The Freedom’s Way Heritage Association, Inc. shall serve
as the management entity for the Heritage Area.
5.
(a)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.
(b)The
management plan shall—
(1)take into
consideration and coordinate Federal, State, and local plans to present a
unified historic preservation and interpretation plan;
(2)involve residents,
public agencies, and private organizations in the Heritage Area;
(3)describe actions
that units of government and private organizations recommend for the protection
of the resources of the Heritage Area;
(4)identify existing
and potential sources of Federal and non-Federal funding for the conservation,
management, and development of the Heritage Area; and
(5)include—
(A)an inventory of
the cultural, historic, natural, or recreational resources contained in the
Heritage Area, including a list of property that—
(i)is related to the
themes of the Heritage Area; and
(ii)should be
conserved, restored, managed, developed, or maintained;
(B)a recommendation
of policies for resource management and protection that—
(i)apply appropriate
land and water management techniques;
(ii)develop
intergovernmental cooperative agreements to manage and protect the cultural,
historic, and natural resources and recreation opportunities of the Heritage
Area; and
(iii)support economic
revitalization efforts;
(C)a program of
strategies and actions to implement the management plan that—
(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
(ii)includes—
(I)restoration and
construction plans or goals;
(II)a program of
public involvement;
(III)annual work
plans; and
(IV)annual
reports;
(D)an analysis of
ways in which Federal, State, and local programs may best be coordinated to
promote the purposes of this Act;
(E)an interpretive
and educational plan for the Heritage Area;
(F)any revisions
proposed by the management entity to the boundaries of the Heritage Area and
requested by the affected local government; and
(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.
(c)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.
(d)Approval or
disapproval of management plan
(1)Not later than 90 days after receipt of the management
plan under subsection (a), the Secretary shall approve or disapprove the
management plan.
(2)In
determining whether to approve the management plan, the Secretary shall
consider whether—
(A)the management
entity afforded adequate opportunity, including public hearings, for public and
governmental involvement in the preparation of the management plan;
(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
(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.
(3)Action following
disapprovalIf the Secretary disapproves the management plan
under paragraph (1), the Secretary shall—
(A)advise the
management entity in writing of the reasons for the disapproval;
(B)make
recommendations for revisions to the management plan; and
(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.
(e)
(1)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.
(2)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.
6.Authorities,
duties, and prohibitions of the Management Entity
(a)The
Management Entity may, for purposes of preparing and implementing the
management plan, use funds made available under this Act to—
(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;
(2)hire and
compensate staff;
(3)obtain funds from
any source (including a program that has a cost-sharing requirement);
and
(4)contract for goods
and services.
(b)Duties of the
Management EntityIn addition to developing the management plan,
the management entity shall—
(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—
(A)carrying out the
programs that recognize and protect important resource values in the Heritage
Area;
(B)encouraging
economic viability in the Heritage Area in accordance with the goals of the
management plan;
(C)establishing and
maintaining interpretive exhibits in the Heritage Area;
(D)developing
recreational and educational opportunities in the Heritage Area;
(E)increasing public
awareness of and appreciation for the cultural, historical, and natural
resources of the Heritage Area;
(F)restoring historic
buildings that are—
(i)located in the
Heritage Area; and
(ii)relate to the
themes of the Heritage Area; and
(G)installing
throughout the Heritage Area clear, consistent, and appropriate signs
identifying public access points and sites of interest;
(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;
(3)conduct public
meetings at least quarterly regarding the development and implementation of the
management plan;
(4)for any fiscal
year for which Federal funds are received under this Act—
(A)submit to the
Secretary a report that describes, for the year—
(i)the
accomplishments of the management entity;
(ii)the expenses and
income of the management entity; and
(iii)each entity to
which a grant was made;
(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
(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.
(c)Prohibition on
the acquisition of real propertyThe management entity shall not
use Federal funds made available under this Act to acquire real property or any
interest in real property.
7.Technical and
financial assistance; other Federal agencies
(a)Technical and
financial assistance
(1)On the request of the management entity, the Secretary
may provide technical and financial assistance for the development and
implementation of the management plan.
(2)In providing assistance under paragraph (1), the
Secretary shall give priority to actions that assist in—
(A)conserving the
significant cultural, historic, and natural resources of the Heritage Area;
and
(B)providing
educational, interpretive, and recreational opportunities consistent with the
purposes of the Heritage Area.
(3)Spending for
non-federal propertyThe management entity may expend Federal
funds made available under this Act on nonfederally owned property that
is—
(A)identified in the
management plan; or
(B)listed or eligible
for listing on the National Register of Historic Places.
(4)The Secretary may enter into cooperative agreements
with public and private organizations to carry out this subsection.
(b)Any Federal entity conducting or supporting an activity
that directly affects the Heritage Area shall—
(1)consider the
potential effect of the activity on the purposes of the Heritage Area and the
management plan;
(2)consult with the
management entity regarding the activity; and
(3)to the maximum
extent practicable, conduct or support the activity to avoid adverse effects on
the Heritage Area.
8.Land use
regulation; applicability of Federal law
(a)
(1)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.
(2)Nothing
in this Act—
(A)affects the
authority of the State or local governments to regulate under law any use of
land; or
(B)grants any power
of zoning or land use to the management entity.
(b)
(1)The management entity shall be an advocate for land
management practices consistent with the purposes of the Heritage Area.
(2)Nothing
in this Act—
(A)abridges the
rights of any person with regard to private property;
(B)affects the
authority of the State or local government regarding private property;
or
(C)imposes any
additional burden on any property owner.
9.Authorization of
appropriations
(a)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.
(b)The Federal share of the total cost of any activity
assisted under this Act shall be not more than 50 percent.
10.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.
1.This Act may be cited as the
Freedom’s Way National Heritage Area
Act
.
2.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.
3.In this Act:
(1)The term Heritage Area means the Freedom’s Way
National Heritage Area established by section 4(a).
(2)Local coordinating
entityThe term local coordinating entity means the
local coordinating entity for the Heritage Area designated by section
4(d).
(3)The term management plan means the management
plan for the Heritage Area required under section 5(a)(1).
(4)The
term map means the map entitled Freedom’s Way National
Heritage Area
, numbered T04/80,000, and dated July 2007.
(5)The
term Secretary
means the Secretary of the Interior.
4.
(a)There is established the Freedom’s Way National Heritage
Area in the States of Massachusetts and New Hampshire.
(b)
(1)The boundaries of the Heritage Area shall be as generally
depicted on the map.
(2)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)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
entityThe Freedom's Way Heritage Association, Inc., shall be the
local coordinating entity for the Heritage Area.
5.Duties and authorities
of local coordinating entity
(a)Duties of the local
coordinating entityTo 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)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 propertyThe 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 propertyThe 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.
6.
(a)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)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)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)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)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)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)Not
later than 180 days after receiving a revised management plan, the Secretary
shall approve or disapprove the revised management plan.
(4)
(A)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)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.
7.Duties and authorities
of the secretary
(a)Technical and financial
assistance
(1)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)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)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)
(1)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)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)
(A)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)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)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.
8.Relationship to other
Federal agencies
(a)Nothing in this Act affects the authority of a Federal
agency to provide technical or financial assistance under any other law.
(b)Consultation and
coordinationTo 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)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.
9.Property owners and
regulatory protectionsNothing
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.
10.Authorization of
appropriations
(a)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)Funds
made available under subsection (a) shall remain available until
expended.
(c)
(1)The Federal share of the total cost of any activity under
this Act shall be not more than 50 percent.
(2)The
non-Federal contribution may be in the form of in-kind contributions of goods
or services fairly valued.
11.Termination of
financial assistanceThe
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.
June 16, 2008
Reported with an amendment