[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5144 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 5144

 To establish the Buffalo Bayou National Heritage Area in the State of 
                     Texas, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 27, 2010

   Mr. Gene Green of Texas introduced the following bill; which was 
             referred to the Committee on Natural Resources

_______________________________________________________________________

                                 A BILL


 
 To establish the Buffalo Bayou National Heritage Area in the State of 
                     Texas, 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 the ``Buffalo Bayou National Heritage Area 
Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Heritage area.--The term ``Heritage Area'' means the 
        Buffalo Bayou National Heritage Area, established in this Act.
            (2) Management entity.--The term ``management entity'' 
        means the management entity for the Heritage Area designated by 
        this Act.
            (3) Management plan.--The term ``management plan'' means 
        the management plan for the Heritage Area required under this 
        Act.
            (4) Map.--The term ``map'' means the map entitled ``Buffalo 
        Bayou National Heritage Area Proposed Boundary'', numbered T11/
        101,592, and dated March 2010.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (6) State.--The term ``State'' means the State of Texas.

SEC. 3. BUFFALO BAYOU NATIONAL HERITAGE AREA.

    (a) Establishment.--There is established in the State the Buffalo 
Bayou National Heritage Area.
    (b) Boundaries.--The Heritage Area shall consist of areas included 
in the map in Harris County, Texas.
    (c) Map.--A map of the Heritage Area shall be--
            (1) included in the management plan; and
            (2) on file and available for public inspection in the 
        appropriate offices of the National Park Service.
    (d) Management Entity.--The management entity for the Heritage Area 
shall be the Buffalo Bayou National Heritage Area Corporation.

SEC. 4. ADMINISTRATION.

    (a) Authorities.--For purposes of carrying out the management plan, 
the Secretary, acting through the management entity, may use amounts 
made available under this Act to--
            (1) make grants to the State or a political subdivision of 
        the State, nonprofit organizations, and other persons;
            (2) enter into cooperative agreements with, or provide 
        technical assistance to, the State or a political subdivision 
        of the State, nonprofit organizations, and other interested 
        parties;
            (3) hire and compensate staff, which shall include 
        individuals with expertise in natural, cultural, and historical 
        resources protection, and heritage programming;
            (4) obtain money or services from any source including any 
        that are provided under any other Federal law or program;
            (5) contract for goods or services; and
            (6) undertake to be a catalyst for any other activity that 
        furthers the Heritage Area and is consistent with the approved 
        management plan.
    (b) Duties.--The management entity shall--
            (1) in accordance with section 5, prepare and submit a 
        management plan for the Heritage Area to the Secretary;
            (2) assist units of local government, regional planning 
        organizations, and nonprofit organizations in carrying out the 
        approved management plan by--
                    (A) carrying out programs and projects that 
                recognize, protect, and enhance important resource 
                values in the Heritage Area;
                    (B) establishing and maintaining interpretive 
                exhibits and programs in the Heritage Area;
                    (C) developing recreational and educational 
                opportunities in the Heritage Area;
                    (D) increasing public awareness of, and 
                appreciation for, natural, historical, scenic, and 
                cultural resources of the Heritage Area;
                    (E) protecting and restoring historic sites and 
                buildings in the Heritage Area that are consistent with 
                Heritage Area themes;
                    (F) ensuring that clear, consistent, and 
                appropriate signs identifying points of public access, 
                and sites of interest are posted throughout the 
                Heritage Area; and
                    (G) promoting a wide range of partnerships among 
                governments, organizations, and individuals to further 
                the Heritage Area;
            (3) consider the interests of diverse units of government, 
        businesses, organizations, and individuals in the Heritage Area 
        in the preparation and implementation of the management plan;
            (4) conduct meetings open to the public at least 
        semiannually regarding the development and implementation of 
        the management plan;
            (5) for any year that Federal funds have been received 
        under this Act--
                    (A) submit an annual report to the Secretary that 
                describes the activities, expenses, and income of the 
                management entity (including grants to any other 
                entities during the year that the report is made);
                    (B) make available to the Secretary for audit all 
                records relating to the expenditure of the funds and 
                any matching funds; and
                    (C) require, with respect to all agreements 
                authorizing expenditure of Federal funds by other 
                organizations, that the organizations receiving the 
                funds make available to the Secretary for audit all 
                records concerning the expenditure of the funds; and
            (6) encourage by appropriate means economic viability that 
        is consistent with the Heritage Area.
    (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.
    (d) Cost-Sharing Requirement.--The Federal share of the cost of any 
activity carried out using any assistance made available under this Act 
shall be 50 percent.

SEC. 5. MANAGEMENT PLAN.

    (a) In General.--Not later than 3 years after the date of enactment 
of this Act, the management entity shall submit to the Secretary for 
approval a proposed management plan for the Heritage Area.
    (b) Requirements.--The management plan shall--
            (1) incorporate an integrated and cooperative approach for 
        the protection, enhancement, and interpretation of the natural, 
        cultural, historic, scenic, and recreational resources of the 
        Heritage Area;
            (2) take into consideration State and local plans;
            (3) include--
                    (A) an inventory of--
                            (i) the resources located in the core area 
                        described in section 4(b); and
                            (ii) any other property in the core area 
                        that--
                                    (I) is related to the themes of the 
                                Heritage Area; and
                                    (II) should be preserved, restored, 
                                managed, or maintained because of the 
                                significance of the property;
                    (B) comprehensive policies, strategies, and 
                recommendations for conservation, funding, management, 
                and development of the Heritage Area;
                    (C) a description of actions that governments, 
                private organizations, and individuals have agreed to 
                take to protect the natural, historical, and cultural 
                resources of the Heritage Area;
                    (D) a program of implementation for the management 
                plan by the management entity that includes a 
                description of actions to facilitate ongoing 
                collaboration among partners to--
                            (i) promote plans for resource protection, 
                        restoration, and construction; and
                            (ii) specific commitments for 
                        implementation that have been made by the 
                        management entity or any government, 
                        organization, or individual for the first 5 
                        years of operation;
                    (E) the identification of sources of funding for 
                carrying out the management plan;
                    (F) analysis and recommendations for means by which 
                local, State, and Federal programs, including the role 
                of the National Park Service in the Heritage Area, may 
                best be coordinated to carry out this Act; and
                    (G) an interpretive plan for the Heritage Area; and
            (4) recommend policies and strategies for resource 
        management that consider and detail the application of 
        appropriate land and water management techniques, including the 
        development of intergovernmental and interagency cooperative 
        agreements to protect the natural, historical, cultural, 
        educational, scenic, and recreational resources of the Heritage 
        Area.
    (c) Deadline.--If a proposed management plan is not submitted to 
the Secretary by the date that is 3 years after the date of enactment 
of this Act, the management entity shall be ineligible to receive 
additional funding under this Act until the date that the Secretary 
receives and approves the management plan.
    (d) Approval or Disapproval of Management Plan.--
            (1) In general.--Not later than 180 days after the date of 
        receipt of the management plan under subsection (a), the 
        Secretary, in consultation with the State, 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 management entity is representative of the 
                diverse interests of the Heritage Area, including 
                governments, natural and historic resource protection 
                organizations, educational institutions, businesses, 
                and recreational organizations;
                    (B) the management entity has afforded adequate 
                opportunity, including public hearings, for public and 
                governmental involvement in the preparation of the 
                management plan; and
                    (C) the resource protection and interpretation 
                strategies contained in the management plan, if 
                implemented, would adequately protect the natural, 
                historical, and cultural resources of the Heritage 
                Area.
            (3) Action following disapproval.--If 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 180 days after the receipt of 
                any proposed revision of the management plan from the 
                management entity, approve or disapprove the proposed 
                revision.
            (4) Amendments.--
                    (A) In general.--The Secretary shall approve or 
                disapprove each amendment to the management plan that 
                the Secretary determines makes a substantial change to 
                the management plan.
                    (B) Use of funds.--The management entity shall not 
                use Federal funds authorized by this Act to carry out 
                any amendments to the management plan until the 
                Secretary has approved the amendments.

SEC. 6. 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.--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 management entity to the maximum extent practicable.
    (c) Other Federal Agencies.--Nothing in this Act--
            (1) modifies, alters, or amends any law or regulation 
        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. 7. PRIVATE PROPERTY PROTECTION.

    Nothing in this Act--
            (1) abridges the rights of any property owner (whether 
        public or private), 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 permit public access 
        (including access by Federal, State, or local agencies) to the 
        property of the property owner, or to modify public access or 
        use of property of the property owner under any other Federal, 
        State, or local law;
            (3) alters any duly adopted land use regulation, approved 
        land use plan, or other regulatory authority of any Federal, 
        State or local agency, or conveys any land use or other 
        regulatory authority to the management entity;
            (4) authorizes or implies the reservation or appropriation 
        of water or water rights;
            (5) diminishes the authority of the State to manage fish 
        and wildlife, including the regulation of fishing and hunting 
        within the Heritage Area; or
            (6) 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. 8. WATER RIGHTS.

    (a) Statement of Policy.--Nothing in this Act is meant to modify 
the Rio Grande Natural Area Act.
    (b) Applicability.--Nothing in this Act--
            (1) amends, modifies, or is in conflict with the Act of May 
        31, 1939 (53 Stat. 785, chapter 155);
            (2) authorizes the regulation of private land in the 
        Heritage Area;
            (3) authorizes the imposition of any mandatory streamflow 
        requirements;
            (4) creates an express or implied Federal reserved water 
        right;
            (5) imposes any Federal water quality standard within or 
        upstream of the Heritage Area that is more restrictive than 
        would be applicable had the Heritage Area not been established; 
        or
            (6) prevents the State of Texas from acquiring an instream 
        flow through the Heritage Area under the terms, conditions, and 
        limitations of State law to assist in protecting the natural 
        environment to the extent and for the purposes authorized by 
        State law.

SEC. 9. EVALUATION REPORT.

    (a) In General.--Not later than 3 years before the date on which 
authority for Federal funding terminates for the Heritage Area, the 
Secretary shall--
            (1) conduct an evaluation of the accomplishments of the 
        Heritage Area; and
            (2) prepare a report in accordance with subsection (c).
    (b) Evaluation.--An evaluation conducted under subsection (a)(1) 
shall--
            (1) assess the progress of the management entity with 
        respect to--
                    (A) accomplishing the purposes of this Act for the 
                Heritage Area; and
                    (B) achieving the goals and objectives of the 
                approved management plan for the Heritage Area;
            (2) analyze the Federal, State, local, and private 
        investments in the Heritage Area to determine the leverage and 
        impact of the investments; and
            (3) 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.
    (c) Report.--
            (1) In general.--Based on the evaluation conducted under 
        subsection (a)(1), 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.
            (2) Required analysis.--If the report prepared under 
        paragraph (1) recommends that Federal funding for the Heritage 
        Area be reauthorized, the report shall include an analysis of--
                    (A) ways in which Federal funding for the Heritage 
                Area may be reduced or eliminated; and
                    (B) the appropriate time period necessary to 
                achieve the recommended reduction or elimination.
            (3) Submission to congress.--On completion of the report, 
        the Secretary shall submit the report to--
                    (A) the Committee on Energy and Natural Resources 
                of the Senate; and
                    (B) the Committee on Natural Resources of the House 
                of Representatives.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    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.

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 that funds are 
first made available to carry out this Act.
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