1.This Act may be cited as the
Fox-Wisconsin Heritage Parkway
National Heritage Area Act of 2012
.
2.In this Act:
(1)The term Heritage Area means the Fox-Wisconsin
Heritage Parkway National Heritage Area established by section 3(a).
(2)Local
coordinating entityThe term local coordinating
entity means the local coordinating entity for the Heritage Area
designated by section 3(d).
(3)The term management plan means the management
plan for the Heritage Area required under section 5(a).
(4)The
term map means the map included under section 5(b)(3)(H).
(5)The
term Secretary means the Secretary of the Interior.
(6)The
term State means the State of Wisconsin.
3.Fox-Wisconsin
heritage parkway national heritage area
(a)There
is established in the State the Fox-Wisconsin Heritage Parkway National
Heritage Area.
(b)
(1)The Heritage Area shall include—
(A)the area included
in Appendix A, Map 1 of the feasibility study submitted by the local
coordinating entity, which includes approximately 1,444 square miles of land in
15 counties in central and southeastern Wisconsin, including Brown, Calumet,
Columbia, Crawford, Dane, Fond du Lac, Grant, Green Lake, Iowa, Marquette,
Outagamie, Richland, Sauk, Waushara, and Winnebago counties; and
(B)any contributing
sites, buildings, and districts within the area described in subparagraph (A)
that are recommended for inclusion in the Heritage Area by the management
plan.
(2)The
boundaries of the Heritage Area may be revised if the revisions are—
(A)proposed in the
management plan developed for the Heritage Area;
(B)depicted on the
map; and
(C)approved by the
Secretary in accordance with this Act.
(c)The
map shall be available for public inspection in the appropriate offices
of—
(1)the National Park
Service; and
(2)the local
coordinating entity.
(d)Local
coordinating entityThe local coordinating entity for the
Heritage Area shall be the Fox-Wisconsin Heritage Parkway, a nonprofit
organization established in the State.
4.
(a)To
carry out the management plan, the Secretary, acting through the local
coordinating entity, may use amounts made available under this Act—
(1)to make grants to
the State (including any political subdivision of the State), nonprofit
organizations, and other individuals;
(2)to enter into
cooperative agreements with, or provide technical assistance to, the State
(including any political subdivision of the State), nonprofit organizations,
and other interested parties;
(3)to hire and
compensate staff, which shall include individuals with expertise in natural,
cultural, and historical resource protection, and heritage programming;
(4)to obtain funds or
services from any source, including funds or services that are provided under
any other Federal law or program;
(5)to enter into
contracts for goods or services; and
(6)to serve as a
catalyst for any other activity that—
(A)furthers the
purposes and goals of the Heritage Area; and
(B)is consistent with
the approved management plan.
(b)The
local coordinating entity shall—
(1)in accordance with
section 5, prepare and submit to the Secretary a management plan for the
Heritage Area;
(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 located 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, the 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 for
which Federal funds have been received through the Heritage Partnership
Program—
(A)submit an annual
report to the Secretary that describes the activities, expenses, and income of
the local coordinating 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 propertyThe local coordinating entity
shall not use Federal funds made available through the Heritage Partnership
Program to acquire real property or any interest in real property.
5.
(a)Not later than 3 years after the date of enactment of
this Act, the local coordinating entity shall submit to the Secretary for
approval a proposed management plan for the Heritage Area.
(b)The
management plan shall—
(1)incorporate an
integrated and cooperative approach for the protection, enhancement, and
interpretation of the natural, cultural, historic, scenic, educational, and
recreational resources of the Heritage Area;
(2)take into
consideration State and local plans;
(3)include—
(A)an inventory of
the resources located in the Heritage Area;
(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, cultural, historic, scenic, educational, and
recreational resources of the Heritage Area;
(D)a program of
implementation for the management plan by the local coordinating entity that
includes a description of—
(i)actions to
facilitate ongoing collaboration among partners to promote plans for resource
protection, restoration, and construction; and
(ii)specific
commitments for implementation that have been made by the local coordinating
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;
(G)an interpretive
plan for the Heritage Area; and
(H)a map of 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, cultural, historic, scenic, educational, and recreational resources of
the Heritage Area.
(c)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 local coordinating
entity shall be ineligible to receive additional funding through the Heritage
Partnership Program until the date on which the Secretary approves a management
plan.
(d)Approval or
disapproval of management plan
(1)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)In determining whether to approve the management plan,
the Secretary shall consider whether—
(A)the local
coordinating 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 local
coordinating 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, cultural, historic, scenic,
educational, and recreational resources of the Heritage Area.
(3)Action following
disapprovalIf the Secretary disapproves the management plan
under paragraph (1), the Secretary shall—
(A)advise the local
coordinating 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 date of receipt of any proposed revision of the management plan
from the local coordinating entity, approve or disapprove the proposed
revision.
(4)
(A)The Secretary shall approve or disapprove each amendment
to the management plan that the Secretary determines would make a substantial
change to the management plan.
(B)The local coordinating entity shall not use Federal funds
made available through the Heritage Partnership Program to carry out any
amendments to the management plan until the Secretary has approved the
amendments.
6.Relationship to
other federal agencies
(a)Nothing in this Act affects the authority of a Federal
agency to provide technical or financial assistance under any other law
(including regulations).
(b)Consultation and
coordinationTo the maximum extent practicable, the head of any
Federal agency planning to conduct activities that may have an impact on the
Heritage Area is encouraged to consult and coordinate the activities with the
Secretary and the local coordinating entity.
(c)Nothing in this Act—
(1)modifies, alters,
or amends any law (including any 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.
7.Private property
and regulatory protectionsNothing in this Act—
(1)abridges the
rights of any public or private property owner, including the right to refrain
from participating in any plan, project, program, or activity conducted within
the Heritage Area;
(2)requires any
property owner—
(A)to permit public
access (including access by Federal, State, tribal, or local agencies) to the
property of the property owner; or
(B)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;
(4)conveys any land
use or other regulatory authority to the local coordinating entity;
(5)authorizes or
implies the reservation or appropriation of water or water rights;
(6)diminishes the
authority of the State to manage fish and wildlife, including the regulation of
fishing and hunting within the Heritage Area; or
(7)creates any
liability, or affects any liability under any other law (including
regulations), of any private property owner with respect to any individual
injured on the private property.
8.
(a)Not later than 3 years before the date on which authority
for Federal funding from the Heritage Partnership Program 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)An
evaluation conducted under subsection (a)(1) shall—
(1)assess the
progress of the local coordinating 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 to identify the critical components for sustainability of the Heritage
Area.
(c)
(1)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)If the report prepared under paragraph (1) recommends
that Federal funding for the Heritage Area be continued, the report shall
include an analysis of—
(A)ways in which
Heritage Partnership Program 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)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.
9.
(a)The Heritage Area shall be eligible to compete for funds
made available to the National Park Service through the Heritage Partnership
Program, though not for more than $1,000,000 in any fiscal year.
(b)
(1)The Federal share of the cost of any activity carried out
using any assistance made available through the Heritage Partnership Program
shall be not more than 50 percent.
(2)The non-Federal share—
(A)shall be from
non-Federal sources; and
(B)may be in the form
of in-kind contributions of goods or services fairly valued.
10.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.