[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 955 Introduced in Senate (IS)]
110th CONGRESS
1st Session
S. 955
To establish the Abraham Lincoln National Heritage Area, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 21, 2007
Mr. Durbin (for himself and Mr. Obama) introduced the following bill;
which was read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
A BILL
To establish the Abraham Lincoln National Heritage Area, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as ``Abraham Lincoln National Heritage Area
Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the Abraham Lincoln National Heritage Area is a
cohesive assemblage of natural, historic, cultural, and
recreational resources that--
(A) together represent distinctive aspects of the
heritage of the United States worthy of recognition,
conservation, interpretation, and continuing use; and
(B) are best managed through partnerships between
private and public entities;
(2) the Heritage Area reflects traditions, customs,
beliefs, folklife, or a combination of those attributes that
are a valuable part of the heritage of the United States;
(3) the Heritage Area provides outstanding opportunities to
conserve natural features, historic feature, cultural features,
or a combination of those features;
(4) the Heritage Area provides outstanding recreational and
interpretive opportunities;
(5) the Heritage Area has an identifiable theme, and
resources important to the theme, that retain integrity capable
of supporting interpretation;
(6) residents, nonprofit organizations, other private
entities, and units of local government throughout the Heritage
Area demonstrate support for--
(A) designation of the Heritage Area as a national
heritage area; and
(B) management of the Heritage Area in a manner
appropriate for the designation;
(7) there is a compelling need to educate and cultivate
among the citizens of the United States, particularly youth, an
understanding appreciation for, and a renewed commitment to
integrity, courage, self-initiative, and principled leadership
in public and private life;
(8) few individuals in the history of the United States
have as broadly exemplified such qualities, and so profoundly
influenced the history and character of the United States, as
Abraham Lincoln;
(9) the story and example of the life of Abraham Lincoln,
including his inspiring rise from humble origins to the highest
office in the land and his decisive leadership through the most
harrowing and dangerous time in the history of the United
States, continues to bring hope and inspiration to millions in
the United States and around the world;
(10) the great issues during the lifetime of Abraham
Lincoln, including national unity, equality and race relations,
the capacity for democratic government, and the ideals to
address those and related issues, continue to this day to
define the challenges facing the United States;
(11) the ideals espoused by Lincoln, and the sentiments
expressed by Lincoln with respect to keeping the United States
together, are as relevant today as the ideals and sentiment
were in Lincoln's troubled time;
(12) Illinois is known throughout the world as the land of
Abraham Lincoln;
(13) unquestionably, the physical, social, and cultural
landscape of Illinois helped mold the character of Lincoln;
(14) ``Here I have lived a quarter of a century, and have
passed from a young to an old man,'' Lincoln remarked on
leaving Illinois. ``To this place and the kindness of these
people I owe everything'';
(15) Lincoln, in turn, left his own traces across the
Illinois landscape;
(16) the traces remain today in the form of stories,
folklore, artifacts, buildings, streetscapes, and landscapes;
(17) though scattered geographically and in varying states
of development and interpretation, together the traces of
Lincoln bring an immediacy and tangible quality to the powerful
Lincoln legacy;
(18) individually and collectively, the traces of Lincoln
in Illinois constitute an important national cultural and
historic resource;
(19) in particular, the stories and cultural resources of
the Lincoln legacy of the region--
(A) reflect the values and attitudes, obstacles and
ingenuity, failures and accomplishments, human
frailties, and strength of character of the men and
women who made up the diverse people of Lincoln's
generation, including upland Southerners and
Northeastern Yankees, Anglo-settlers and American
Indians, ``free'' blacks, abolitionists, and critics of
abolitionists;
(B) reflect the material culture and relative
levels of technical sophistication in the United States
in the lifetime of Lincoln;
(C) recreate the physical environment during the
lifetime of Lincoln, revealing the impact of the
environment on agriculture, transportation, trade,
business, and social and cultural patterns in urban and
rural settings; and
(D) interpret the effect of the democratic ethos of
the era on the development of the legal and political
institutions and distinctive political culture of the
United States;
(20) 3 previous studies entitled ``Abraham Lincoln Research
and Interpretive Center Suitability/Feasibility Study'' by the
National Park Service (1991), ``Looking for Lincoln Illinois
Heritage Tourism Project'' commissioned by the State of
Illinois Department of Commerce and Community Affairs in
cooperation with the Illinois Historic Preservation Agency
(1998), and the ``Feasibility Study for the Proposed Abraham
Lincoln National Heritage Area'', revised in 2003, help
document a sufficient assemblage of nationally distinctive
historic resources to demonstrate the feasibility of, and need
to establish, the Heritage Area;
(21) the National Park Service--
(A) operates and maintains the Lincoln Home
National Historic Site in Springfield, Illinois; and
(B) is responsible for--
(i) advocating the protection and
interpretation of the cultural and historic
resources of the United States; and
(ii) encouraging the development of
interpretive context for those resources
through appropriate planning and preservation;
(22) the Heritage Area can strengthen, complement, and
support the Lincoln Home National Historic Site through the
interpretation and conservation of the associated living
landscapes outside of the boundaries of the historic site;
(23) there is a Federal interest in supporting the
development of a regional framework and context to partner with
and assist the National Park Service, the State of Illinois,
local organizations, units of local government, and private
citizens to conserve, protect, and bring recognition to the
resources of the Heritage Area for the educational and
recreational benefit of the present generation and future
generations;
(24) communities throughout the region--
(A) know the value of their Lincoln legacy; but
(B) need to expand upon an existing cooperative
framework and technical assistance to achieve important
goals by working together;
(25) the Department of Commerce and Economic Opportunity
and Bureau of Tourism of the State of Illinois--
(A) officially designated ``Looking for Lincoln''
as a State Heritage Tourism Area; and
(B) has identified the story of Lincoln as a key
destination driver for the State;
(26) the Looking for Lincoln Heritage Coalition, the
management entity for the Heritage Area--
(A) is a nonprofit corporation created for the
purposes of preserving, interpreting, developing,
promoting, and making available to the public the story
and resources relating to--
(i) the story of the adult life of Abraham
Lincoln in Illinois; and
(ii) the contributions of Abraham Lincoln
to society; and
(B) would be an appropriate entity to oversee the
development of the Heritage Area; and
(27) the Looking for Lincoln Heritage Coalition has
completed a business plan that--
(A) describes in detail the role, operation,
financing, and functions of the Looking For Lincoln
Heritage Coalition as the management entity for the
Heritage Area; and
(B) provides adequate assurances that the Looking
For Lincoln Heritage Coalition is likely to have the
financial resources necessary to implement the
management plan for the Heritage Area, including
resources to meet matching requirement for grants.
SEC. 3. DEFINITIONS.
In this Act:
(1) Coalition.--The term ``Coalition'' means the Looking
for Lincoln Heritage Coalition, an entity recognized by the
Secretary, in consultation with the chief executive officer of
the State, that has agreed to perform the duties of the
management entity under this Act.
(2) Heritage area.--The term ``Heritage Area'' means the
Abraham Lincoln National Heritage Area established by section
4(a).
(3) Management entity.--The term ``management entity''
means the management entity for the Heritage Area designated by
section 5(a).
(4) Management plan.--The term ``management plan'' means
the plan developed by the management entity under section 6(a).
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) State.--The term ``State'' means the State of Illinois.
(7) Unit of local government.--The term ``unit of local
government'' means the government of the State, a political
subdivision of the State, or an Indian tribe.
SEC. 4. ESTABLISHMENT OF ABRAHAM LINCOLN NATIONAL HERITAGE AREA.
(a) In General.--There is established in the State the Abraham
Lincoln National Heritage Area.
(b) Boundaries.--The Heritage Area shall include--
(1) a core area located in central Illinois, consisting of
Adams, Brown, Calhoun, Cass, Champaign, Christian, Clark,
Coles, Cumberland, Dewitt, Douglas, Edgar, Fayette, Fulton,
Greene, Hancock, Henderson, Jersey, Knox, LaSalle, Logan,
Macon, Macoupin, Madison, Mason, McDonough, McLean, Menard,
Montgomery, Morgan, Moultrie, Peoria, Piatt, Pike, Sangamon,
Schuyler, Scott, Shelby, Tazwell, Vermillion, Warren, and
Woodford counties;
(2) any sites, buildings, and districts within the core
area that are recommended for inclusion in the management plan;
and
(3) each of the following sites:
(A) Lincoln Home National Historic Site.
(B) Lincoln Tomb State Historic Site.
(C) Lincoln's New Salem State Historic Site.
(D) Abraham Lincoln Presidential Library & Museum.
(E) Thomas and Sara Bush Lincoln Log Cabin and
Living History Farm State Historic Site.
(F) Mt. Pulaski, Postville State Historic Sites and
Metamora Courthouse.
(G) Lincoln-Herndon Law Offices State Historic
Site.
(H) David Davis Mansion State Historic Site.
(I) Vandalia Statehouse State Historic Site.
(J) Lincoln Douglas Debate Museum.
(K) Macon County Log Court House.
(L) Richard J. Oglesby Mansion.
(M) Lincoln Trail Homestead State Memorial.
(N) Governor John Wood Mansion.
(O) Beardstown Courthouse.
(P) Old Main at Knox College.
(Q) Carl Sandburg Home State Historic Site.
(R) Bryant Cottage State Historic Site.
(S) Dr. William Fithian Home.
(T) Vermillion County Museum.
(c) Map.--A map of the Heritage Area shall be--
(1) included in the management plan; and
(2) on file in the appropriate offices of the National Park
Service.
SEC. 5. DESIGNATION OF COALITION AS MANAGEMENT ENTITY.
(a) Management Entity.--The Coalition shall be the management
entity for the Heritage Area.
(b) Authorities of Management Entity.--The management entity may,
for purposes of preparing and implementing the management plan, use
Federal funds made available under this Act--
(1) to prepare reports, studies, interpretive exhibits and
programs, historic preservation projects, and other activities
recommended in the management plan for the Heritage Area;
(2) to pay for operational expenses of the management
entity incurred during the first 10 fiscal years beginning
after the date of enactment of this Act;
(3) to make grants or loans to the State, units of local
government, nonprofit organizations, and other persons;
(4) to enter into cooperative agreements with the State,
units of local government, nonprofit organizations, and other
organizations;
(5) to hire and compensate staff;
(6) to obtain funds from any source under any program or
law requiring the recipient of funds to make a contribution in
order to receive the funds; and
(7) to contract for goods and services.
(c) Duties of Management Entity.--For any fiscal year for which
Federal funds are received under this Act, the management entity
shall--
(1) submit to the Secretary a report that describes--
(A) the accomplishments of the management entity;
(B) the expenses and income of the management
entity; and
(C) the entities to which the management entity
made any grants;
(2) make available for audit by Congress, the Secretary,
and appropriate units of local government, all records relating
to the expenditure of the Federal funds and any matching funds;
and
(3) require, with respect to all agreements authorizing the
expenditure of Federal funds by any entity, that the receiving
entity make available for audit all records relating to the
expenditure of the Federal funds.
(d) Prohibition on Acquisition of Real Property.--
(1) In general.--The management entity shall not use
Federal funds received under this Act to acquire real property
or any interest in real property.
(2) Other sources.--Nothing in this Act precludes the
management entity from using Federal funds from other sources
for authorized purposes, including the acquisition of real
property or any interest in real property.
SEC. 6. MANAGEMENT PLAN.
(a) In General.--Not later than 3 years after the date on which
funds are first made available to carry out this Act, the management
entity shall prepare and submit for review to the Secretary a
management plan for the Heritage Area.
(b) Requirements for Preparation and Implementation.--The
management entity shall--
(1) collaborate with and consider the interests of diverse
units of local government, businesses, tourism officials,
private property owners, and nonprofit groups within the
Heritage Area in preparing and implementing the management
plan;
(2) ensure regular public involvement regarding the
implementation of the management plan for the Heritage Area;
and
(3) submit the proposed management plan to participating
units of local governments within the Heritage Area for review.
(c) Contents.--The management plan for the Heritage Area shall--
(1) present a comprehensive program for the conservation,
interpretation, funding, management, and development of the
Heritage Area (including the natural, historic, and cultural
resources and the recreational and educational opportunities of
the Heritage Area) in a manner consistent with--
(A) existing Federal, State, and local land use
laws; and
(B) the compatible economic viability of the
Heritage Area;
(2) involve residents, public agencies, and private
organizations in the Heritage Area;
(3) specify and coordinate, as of the date of the
management plan, existing and potential sources of technical
and financial assistance under this Act and other Federal laws
for the protection, management, and development of the Heritage
Area; and
(4) include--
(A) actions to be undertaken by units of local
government and private organizations to protect,
conserve, and interpret the resources of the Heritage
Area;
(B) an inventory of resources in the Heritage Area
that includes a list of property in the Heritage Area
that--
(i) is related to the themes of the
Heritage Area; and
(ii) merits preservation, restoration,
management, development, or maintenance because
of the natural, historic, cultural, or
recreational significance of the property;
(C) a recommendation of policies for resource
management that consider the application of appropriate
land and water management techniques, including
policies for the development of intergovernmental
cooperative agreements, private sector agreements, or
any combination of agreements, to protect the natural,
historic, cultural, and recreational resources of the
Heritage Area in a manner that is consistent with the
support of appropriate and compatible economic
viability;
(D) a program for implementation of the management
plan by the management entity, in cooperation with
partners of the management entity and units of local
government;
(E) evidence that relevant State, county, and local
plans applicable to the Heritage Area have been taken
into consideration;
(F) an analysis of means by which Federal, State,
and local programs may best be coordinated to promote
the purposes of this Act; and
(G) a business plan for the Heritage Area that--
(i) describes in detail--
(I) the role, operation, financing,
and functions of the management entity;
and
(II) each activity included in the
recommendations in the management plan;
and
(ii) provides, to the satisfaction of the
Secretary, adequate assurances that the
management entity is likely to have the
financial resources necessary to implement the
management plan, including the resources
necessary to meet matching requirement for
grants awarded under this Act.
(d) Consideration of Interests of Local Groups.--In preparing and
implementing the management plan, the management entity shall consider
the interests of diverse units of local government, businesses, private
property owners, and nonprofit groups in the Heritage Area.
(e) Public Meetings.--
(1) In general.--The management entity shall conduct public
meetings at least quarterly regarding the development and
implementation of the management plan.
(2) Public notice.--The management entity shall--
(A) place a notice of each public meeting in a
newspaper of general circulation in the Heritage Area;
and
(B) make the minutes of each public meeting
available to the public.
(f) Disqualification From Funding.--If a proposed management plan
is not submitted to the Secretary by the date that is 3 years after the
date on which funds are first made available to carry out this Act, the
management entity may not receive additional funding under this Act
until the date on which the Secretary receives the proposed management
plan.
(g) Approval and Disapproval of Management Plan.--
(1) In general.--Not later than 90 days after the date on
which the management entity submits the management plan to the
Secretary, the Secretary, in consultation with the Governor of
the State or a designee of the Governor, shall approve or
disapprove the proposed management plan.
(2) Disapproval and revisions.--
(A) In general.--If the Secretary disapproves a
proposed management plan, the Secretary shall--
(i) advise the management entity, in
writing, of the reasons for the disapproval;
and
(ii) make recommendations for revision of
the proposed management plan.
(B) Approval or disapproval.--The Secretary shall
approve or disapprove a revised management plan not
later than 90 days after the date on which the revised
management plan is submitted.
(3) Approval of amendments.--
(A) In general.--The Secretary shall review and
approve or disapprove substantial amendments to the
management plan.
(B) Funding.--Funds appropriated under this Act may
not be expended to implement any changes made by an
amendment to the management plan until the Secretary
approves the amendment.
(h) Priorities.--The management entity shall give priority to the
implementation of actions, goals, and strategies set forth in the
management plan, including assisting units of local government and
other persons in--
(1) carrying out programs that recognize and protect
important resource values in the Heritage Area;
(2) encouraging economic viability in the Heritage Area in
accordance with the goals of the management plan;
(3) establishing and maintaining interpretive exhibits in
the Heritage Area;
(4) developing heritage-based recreational and educational
opportunities for residents and visitors in the Heritage Area;
(5) increasing public awareness of and appreciation for the
natural, historic, and cultural resources of the Heritage Area;
(6) restoring historic buildings that are--
(A) located in the Heritage Area; and
(B) related to the themes of the Heritage Area; and
(7) installing throughout the Heritage Area clear,
consistent, and appropriate signs to identify public access
points and sites of interest.
SEC. 7. TECHNICAL AND FINANCIAL ASSISTANCE; OTHER FEDERAL AGENCIES.
(a) Technical and Financial Assistance.--
(1) In general.--On request of the management entity, the
Secretary may provide technical and financial assistance for
the development and implementation of the management plan.
(2) Priority for assistance.--In providing assistance under
paragraph (1), 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.
(3) Spending for non-federal property.--The management
entity may expend Federal funds made available under this Act
on non-Federal property that is--
(A) identified in the management plan; or
(B) listed, or eligible for listing, on the
National Register of Historic Places.
(4) Other assistance.--The Secretary may enter into
cooperative agreements with public and private organizations to
carry out this subsection.
(b) Other Federal Agencies.--Any Federal entity conducting or
supporting an activity that directly affects the Heritage Area shall--
(1) consider the potential effects of the activity on--
(A) the purposes of the Heritage Area; and
(B) the management plan;
(2) consult with the management entity with respect to the
activity; and
(3) to the maximum extent practicable, conduct or support
the activity to avoid adverse effects on the Heritage Area.
(c) Other Assistance Not Affected.--Nothing in this Act affects the
authority of any Federal official to provide technical or financial
assistance under any other law.
(d) Notification of Other Federal Activities.--The head of each
Federal agency shall provide to the Secretary and the management entity
for the Heritage Area, to the extent practicable, advance notice of all
activities that may have an impact on the Heritage Area.
SEC. 8. PRIVATE PROPERTY PROTECTION.
(a) In General.--Nothing in this Act--
(1) requires any private property owner to allow public
access (including access by the Federal Government, State
government, or units of local government) to the private
property; or
(2) modifies any provision of Federal, State, or local law
with respect to public access to, or use of, private property.
(b) Liability.--Designation of the Heritage Area shall not be
considered to create any liability, or have any effect on any liability
under any other law, of any private property owner with respect to any
persons injured on the private property.
(c) Recognition of Authority To Control Land Use.--Nothing in this
Act modifies any authority of the Federal Government, State government,
or units of local governments to regulate land use.
(d) Participation of Private Property Owners in Heritage Area.--
Nothing in this Act requires the owner of any private property located
within the boundaries of the Heritage Area to participate in, or be
associated with, the Heritage Area.
(e) Land Use Regulation.--
(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.
(2) Effect.--Nothing in this Act grants any power of zoning
or land use to the management entity.
(f) Private Property.--
(1) In general.--The management entity shall be an advocate
for land management practices that are consistent with the
purposes of the Heritage Area.
(2) Effect.--Nothing in this Act--
(A) abridges the rights of any person with respect
to private property;
(B) affects the authority of the State or unit of
local government relating to private property; or
(C) imposes any additional burden on any property
owner.
SEC. 9. EFFECT.
(a) Rules, Regulations, Standards, and Permit Processes.--Nothing
in this Act imposes any environmental, occupational, safety, or other
rule, regulation, standard, or permit process in the Heritage Area that
is different from the rule, regulation, standard, or process that would
be applicable if the Heritage Area had not been established.
(b) Water and Water Rights.--Nothing in this Act authorizes or
implies the reservation or appropriation of water or water rights.
(c) No Diminishment of State Authority.--Nothing in this Act
diminishes the authority of the State to manage fish and wildlife,
including the regulation of fishing and hunting within the Heritage
Area.
(d) Existing National Heritage Areas.--Nothing in this Act affects
any national heritage area designated before the date of enactment of
this Act.
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
authorized to be appropriated for any fiscal year.
(b) Cost-Sharing Requirement.--The Federal share of the total cost
of any activity carried out using funds made available under this Act
shall be not more than 50 percent.
SEC. 11. TERMINATION OF AUTHORITY.
The authority of the Secretary to provide assistance under this Act
terminates on the date that is 15 years after the date of enactment of
this Act.
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