1.This Act may be cited as the
Maumee Valley National Heritage Area
Act
.
2.The purposes of this Act are to—
(1)establish the Maumee Valley National
Heritage Area in the States of Indiana and Ohio;
(2)pursue implementation of remaining
recommendations of the Vision for Maumee Valley Stewardship prepared by the
National Park Service in 1996;
(3)raise awareness of
the national significance of the Maumee Valley;
(4)promote heritage,
cultural, and recreational tourism, and to develop relevant educational and
cultural programs for visitors, residents and the general public;
(5)recognize and
interpret important events representing the role of the many Native Americans,
European Americans, African-Americans, Hispanic Americans and other immigrants
who populate the Valley;
(6)provide a
management framework to foster close working partnerships with all levels of
government, the private sector, and local communities in the region; and
(7)provide
appropriate leadership and linkages between units of the National Park System
and communities, State and local governments, and area organizations with
similar missions.
3.Congress finds the following:
(1)The Maumee River
Valley is a distinctive landscape that preserves a rich, nationally significant
cultural heritage. The events that transpired in the Maumee Valley in the 18th
and early 19th centuries were critical to the Nation’s transformation from
wilderness to Nation. The clash of cultures between Native peoples and
Euro-Americans that took place here helped define United States history during
its formative years.
(2)Humans have
occupied the Maumee Valley for 12,000 years. By the 1770s, one of the largest
Native American villages in North America, Kiihkayonki (Kekionga), was located
at the headwaters of the Maumee River at Ft. Wayne. This region was the home of
Miami, Wyandot, Delaware, Shawnee, Ottawa, and Potawatomi, Kickapoo, and
Chippewa Indian tribes.
(3)Native American
tribes and confederations, France, Britain, colonial militias, and United
States armies under President Washington’s orders all vied with one another for
control of the Maumee Valley as it became the crucible of an emerging Nation.
Legendary Native Americans Pontiac, Tecumseh, Little Turtle, and Blue Jacket
challenged the American military presence under Anthony Wayne, William Henry
Harrison, and William Clark. The Maumee Valley was the target of three
unsuccessful invasions of the United States by the British and their Indian
allies, leading the way to a treaty that created long-lasting peace between the
United States and Canada along the longest unguarded boundary in the
world.
(4)Historic
settlements such as Kekionga and strategic outposts along the Maumee River,
including Fort Wayne, Fort Defiance, Fort Winchester, Fort Meigs, and Fort
Miamis (a British fort on United States soil), and the Fallen Timbers
Battlefield.
(5)In 1999, Congress
and the National Park Service recognized the national significance of the
Maumee Valley’s early military history by designating Fallen Timbers
Battlefield and Fort Miamis as affiliated units of the National Park
System.
(6)The Maumee Valley’s abundance of natural
resources has also been widely recognized, and its network of rivers provided
the key transportation system to the interior, and later aided construction and
operation of the second longest canal in the world by the 1840s. The Maumee
River was designated a State Scenic and Recreational River by the Ohio
Department of Natural Resources in the 1960s. More recently, the vast Oak
Openings region is recognized on the Nature Conservancy’s list of Last Great
Places on Earth for its numerous endangered species. In 1999, the Ohio
Department of Transportation designated portions of the Maumee Valley as a
State Scenic Byway. And in 2000, the Maumee Valley was one of the first three
places designated as an Ohio Heritage Area by the Ohio Department of
Development. Once covered by the Great Black Swamp, it now contains some of the
richest farmland in the world.
(7)The Maumee Valley
Heritage Area includes the counties of Allen, Indiana, and Paulding, Defiance,
Henry, Wood and Lucas, Ohio. Many local, regional, and State agencies and
organizations, including the Maumee Valley Heritage Corridor, Inc., the
Metropolitan Park District of Toledo, and the Allen County/Fort Wayne
Historical Society have shown the desire and ability to work with Federal
agencies to protect, preserve, and enhance the resources found within the
Maumee Valley that reflect this unique heritage.
(8)As the largest
river flowing into the Great Lakes, the Maumee River is known for its
ecological, political, and historical importance in a region with 84 percent of
our Nation’s fresh water and over 20 percent of the world’s freshwater
resource.
4.In this Act:
(1)The term Heritage Area means the Maumee Valley
National Heritage Area, established in section 5.
(2)Local
coordinating entityThe term local coordinating
entity means the local coordinating entity for the Heritage Area
designated by section 5(d).
(3)The term management plan means the management
plan for the Heritage Area required by section 7.
(4)The
term map means the map entitled Maumee Valley National
Heritage Area, Proposed Boundary
numbered T16/80,001 and dated
September 2008.
(5)The
term Secretary means the Secretary of the Interior.
(6)The
term State means Ohio and Indiana.
5.Maumee Valley
National Heritage Area
(a)There
is established the Maumee Valley National Heritage Area in Ohio and
Indiana.
(b)The
National Heritage Area shall be comprised of the following, as depicted on the
map: the Maumee River and Valley including the counties of Lucas, Wood, Henry,
Defiance, and Paulding in Ohio, and Allen County in Indiana.
(c)The map shall be on file and available for public inspection
in the appropriate offices of the National Park Service, Department of the
Interior, and the Maumee Valley Heritage Corridor, Inc.
(d)Local
coordinating entityThe Maumee Valley Heritage Corridor, Inc.
shall be the local coordinating entity for the Heritage Area.
6.Duties and
authorities of the 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
a management plan for the Heritage Area to the Secretary in accordance with
section 7;
(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, protect, and enhance important resource
values within the Heritage Area;
(B)developing
recreational and educational opportunities in the Heritage Area;
(C)increasing public
awareness of and appreciation for natural, historical, scenic, and cultural
resources of the Heritage Area; and
(D)promoting a wide
range of partnerships among governments, organizations and individuals to
further the purposes of the Heritage Area;
(3)include 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)submit an annual
report to the Secretary for any fiscal year for which the local coordinating
entity receives Federal funds under this Act, setting forth its
accomplishments, expenses, and income, amounts and sources of matching funds,
the amounts leveraged with Federal funds and sources of such leveraging, and
grants made to any other entities during the fiscal year;
(5)make available for
audit for any fiscal year in which it receives Federal funds under this Act all
information pertaining to the expenditure of such funds and any matching funds,
and require in all agreements authorizing expenditures of Federal funds by
other organizations that the receiving organizations make available for such
audit all records and other information pertaining to the expenditure of such
funds; and
(6)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 for the
Heritage Area, use Federal funds made available under this Act to—
(1)make grants to
political jurisdictions, nonprofit organizations and other interested parties
within the Heritage Area;
(2)enter into
cooperative agreements with or provide technical assistance to political
jurisdictions, nonprofit organizations, Federal agencies, and other interested
parties;
(3)hire and
compensate staff;
(4)obtain funds or
services from any source including other Federal programs;
(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
the acquisition of real propertyThe local coordinating entity
may not use Federal funds received under this Act to acquire real
property.
7.
(a)The management plan for the Heritage Area shall—
(1)describe
comprehensive policies, goals, strategies, and recommendations for telling the
story of the region’s heritage and encouraging long-term resource protection,
enhancement, interpretation, funding, management, and development of the
Heritage Area;
(2)take into
consideration existing State, county, and local plans in the development of the
management plan and its implementation;
(3)include a
description of actions and commitments that governments, private organizations,
and citizens will take to protect, enhance, and interpret the natural,
historic, scenic, and cultural resources of the Heritage Area;
(4)specify existing
and potential sources of funding or economic development strategies to protect,
enhance, interpret, fund, manage, and develop the Heritage Area;
(5)include an
inventory of the natural, historical, cultural, educational, scenic, and
recreational resources of the Heritage Area related to the stories and themes
of the region that should be protected, enhanced, managed, or developed;
(6)recommend policies
and strategies for resource management including, but not limited to, the
development of intergovernmental and interagency agreements to protect the
Heritage Area’s natural, historical, cultural, educational, scenic, and
recreational resources;
(7)describe a program
of implementation for the management plan including: performance goals; plans
for resource protection, enhancement, and interpretation; and specific
commitments for implementation that have been made by the local coordinating
entity or any government, organization, business, or individual;
(8)include an
analysis and recommendations for ways in which local, State, tribal and Federal
programs may best be coordinated, including the role of the Department of the
Interior, specifically the National Park Service and the U.S. Fish and Wildlife
Service, and other Federal agencies associated with the Heritage Area, to
further the purposes of this Act;
(9)include an
interpretive plan for the Heritage Area; and
(10)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 contained 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.
(b)Deadline and
termination of funding
(1)The
local coordinating entity shall submit the management plan to the Secretary for
approval within 3 years from the date when any funds are made available for
this purpose after designation as a Heritage Area.
(2)If the management plan is not submitted to the Secretary
in accordance with this subsection, the local coordinating entity shall not
qualify for any additional financial assistance under this Act until such time
as the management plan is submitted to and approved by the Secretary.
8.Duties and
authorities of the Secretary
(a)Technical and
financial assistance
(1)The Secretary may, upon the request of the local
coordinating entity, provide technical and financial assistance on a
reimbursable or nonreimbursable basis (as determined by the Secretary) to the
Heritage Area to develop and implement the management plan.
(2)In assisting the Heritage Area, the Secretary shall give
priority to actions that in general assist in—
(A)conserving the
significant natural, historical, cultural, and scenic resources of the Heritage
Area; and
(B)providing
educational, interpretive, and recreational opportunities consistent with the
purposes of the Heritage Area.
(3)The Secretary is authorized to enter into cooperative
agreements with the local coordinating entity and other public or private
entities for the purposes of carrying out this subsection.
(b)Approval of
management plan
(1)The
Secretary shall approve or disapprove the management plan not later than 90
days after receiving the management plan.
(2)The
Secretary shall consult with the Governor of any State and tribal government in
which the Heritage Area is located prior to approving any management
plan.
(3)In determining the approval of the management plan, the
Secretary shall consider whether—
(A)the local
coordinating entity will be representative of 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 workshops and public meetings, in the
preparation of the management plan;
(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;
(D)the management
plan would not adversely affect any activities authorized on Federal or tribal
lands under applicable laws or pursuant to 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 plan.
(4)Action following
disapprovalIf the Secretary disapproves the management plan, the
Secretary shall advise the local coordinating entity in writing of the reasons
and may make recommendations for revisions to the management plan. The
Secretary shall approve or disapprove a proposed revision not later than 90
days after the date it is resubmitted.
(5)Substantial amendments to the management plan shall be
reviewed by the Secretary and approved in the same manner as provided for in
the original management plan. The local coordinating entity shall not use
Federal funds authorized by this Act to implement any amendments until the
Secretary has approved the amendments.
(c)
(1)Not later than 3 years before the date on which authority
for Federal funding terminates for the Heritage Area, the Secretary shall
conduct an evaluation of the accomplishments of the Heritage Area and prepare a
report with recommendations for the National Park Service’s future role, if
any, with respect to the Heritage Area.
(2)An evaluation prepared under paragraph (1)
shall—
(A)assess the
progress of the local coordinating entity with respect to—
(i)accomplishing the
purposes of the authorizing legislation 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)Based
upon the evaluation under paragraph (1), the Secretary shall prepare a report
with recommendations for the National Park Service’s future role, if any, with
respect to the Heritage Area. If the report 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.
(4)On completion of a report under paragraph (3), 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.
9.Relationship to
other Federal agencies
(a)This Act shall not affect the authority of any Federal
official to provide technical or financial assistance under any other
law.
(b)Consultation and
coordinationThe 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 to the extent practicable.
(c)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.
10.Property owners
and regulatory protectionsNothing in this Act shall be construed
to—
(1)abridge 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)require any
property owner to permit public access (including Federal, State, tribal, or
local government access) to such property or to modify any provisions of
Federal, State, tribal, or local law with regard to public access or use of
private lands;
(3)alter any duly
adopted land use regulations or approved land use plan or any other regulatory
authority of any Federal, State, or local agency, or tribal government or to
convey any land use or other regulatory authority to any local coordinating
entity;
(4)authorize or imply
the reservation or appropriation of water or water rights;
(5)diminish the
authority of the State to manage fish and wildlife, including the regulation of
fishing and hunting within the Heritage Area; or
(6)create any
liability, or affect any liability under any other law, of any private property
owner with respect to any persons injured on such private property.
11.Authorization of
appropriations
(a)There is authorized to be appropriated for the purposes
of this Act $15,000,000, of which not more than $1,000,000 shall be made
available for any fiscal year.
(b)Federal funding provided under this Act may not exceed 50
percent of the total cost of any assistance or grant provided or authorized
under this Act. Recipient matching funds—
(1)must be from
non-Federal sources; and
(2)may be made in the
form of in-kind contributions of goods and services fairly valued.
12.The authority of the Secretary to provide
financial assistance under this Act shall terminate on the day occurring 15
years after the date of enactment of the Act.