[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.
                                 <all>