[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1785 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 1785

To establish the Mountains to Sound Greenway National Heritage Area in 
            the State of Washington, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 26, 2013

 Mr. Reichert (for himself and Mr. Smith of Washington) introduced the 
    following bill; which was referred to the Committee on Natural 
                               Resources

_______________________________________________________________________

                                 A BILL


 
To establish the Mountains to Sound Greenway National Heritage Area in 
            the State of Washington, 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 ``Mountains to Sound Greenway National 
Heritage Area Act''.

SEC. 2. PURPOSES.

    The purposes of this Act include--
            (1) to recognize the national importance of the natural and 
        cultural legacies of the area, as demonstrated in the study 
        entitled ``Mountains to Sound Greenway National Heritage Area 
        Feasibility Study'' dated April 2012;
            (2) to recognize the heritage of natural resource 
        conservation in the Pacific Northwest and in the Mountains to 
        Sound Greenway;
            (3) to preserve, support, conserve, and interpret the 
        legacy of natural resource conservation and community 
        stewardship, passed from generation to generation within the 
        Heritage Area;
            (4) to promote heritage, cultural, and recreational tourism 
        and to develop educational and cultural programs for visitors 
        and the general public;
            (5) to recognize and interpret important events and 
        geographic locations representing key developments in the 
        creation of America, particularly the settlement of the 
        American West and the stories of diverse ethnic groups, 
        including Indians and others;
            (6) to enhance a cooperative management framework to assist 
        Federal, State, local, and tribal governments, the private 
        sector, and citizens residing in the Heritage Area in 
        conserving, supporting, managing, enhancing, and interpreting 
        the significant historic, cultural, natural, and recreational 
        sites in the Heritage Area;
            (7) to recognize and interpret the relationship between 
        land and people, representing broad American ideals 
        demonstrated through the integrity of existing resources within 
        the Heritage Area; and
            (8) to support working relationships between public land 
        managers and the community by creating relevant linkages 
        between the National Park Service, the United States Forest 
        Service, other relevant Federal agencies, tribes, State and 
        local governments and agencies, and community stakeholders 
        within and surrounding the Heritage Area, in order to protect, 
        enhance, and interpret cultural and natural resources within 
        the Heritage Area.

SEC. 3. FINDINGS.

    Congress finds that--
            (1) there exists a unique and significant heritage of 
        natural resource conservation in the Pacific Northwest and in 
        the Mountains to Sound Greenway;
            (2) the Greenway landscape represents a balance between 
        built and natural environments, exemplified by--
                    (A) hundreds of thousands of acres of forests and 
                fields in close proximity to a major metropolitan area 
                managed by Federal, State, local, and tribal 
                governments;
                    (B) dynamic and engaging cultural opportunities, 
                including hundreds of museums, environmental education 
                centers, interpretive trails, festivals, and community 
                centers; and
                    (C) an outstanding array of accessible natural 
                lands, highlighted by the Alpine Lakes Wilderness Area, 
                the forests of the Teanaway River Basin, and the 
                towering Douglas firs of the Issaquah Alps;
            (3) the Mountains to Sound Greenway--
                    (A) represents an historic movement encouraging the 
                interface of a major urban center with rural 
                communities and a diverse outdoors experience;
                    (B) has existed for over 20 years, long before 
                other communities began to focus on the 
                interrelationship between urban centers and outdoor 
                opportunities that strengthen economies;
                    (C) is the result of citizen leadership, including 
                a Mountains to Sound March in 1990 to focus attention 
                on the value of the greenway and the need to protect 
                this valuable resource;
                    (D) operates through cooperation, bringing together 
                disparate groups to resolve differences for the 
                betterment of the Greenway; and
                    (E) has become the model of cooperative action that 
                is followed by other communities working to advance 
                local conservation priorities, expand recreational 
                opportunities that power local economies, and connect 
                local ideas and solutions to our historic, cultural, 
                and natural heritage;
            (4) since its creation, the Mountains to Sound Greenway 
        Coalition has been responsible for--
                    (A) the conservation of over 225,000 acres;
                    (B) the opportunity for millions of local residents 
                as well as visitors from across the country to enjoy a 
                wide variety of recreational activities in the area;
                    (C) thousands of volunteers and nearly 500,000 
                volunteer hours engaged in activities such as tree 
                plantings, trail conservation and youth programs;
                    (D) a strong education program for the next 
                generation, teaching more than 3,000 children each year 
                why forests matter; and
                    (E) the encouragement of balanced development, 
                business growth, and healthy economies through the 
                region;
            (5) the Mountains to Sound Greenway community has many 
        great American stories to share, including those of--
                    (A) Indian tribes and nations from time immemorial;
                    (B) settlement, travel, and transport in the 
                American West, from footpaths used for trading to 
                today's Mountains to Sound Greenway I-90 National 
                Scenic Byway;
                    (C) working farms and forests of the Snoqualmie and 
                Yakima River Valleys and the Cascade Foothills; and
                    (D) globally competitive businesses established and 
                growing in the cities of the Greenway; and
            (6) the Mountains to Sound Greenway Trust conserves and 
        enhances community-based conservation and stewardship inside 
        and outside of the Greenway landscape, illustrated by the fact 
        that--
                    (A) the Greenway Trust is led by a 60-person board 
                that includes local and State officials, agency staff, 
                and business and nonprofit representatives;
                    (B) thousands of volunteers have donated hundreds 
                of thousands of hours to the Greenway supporting 
                stewardship projects on public lands; and
                    (C) over the span of 20 years, partners have 
                collaborated to conserve more than 225,000 acres of 
                land in the Greenway for natural systems, recreation, 
                timber, and agriculture.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Heritage area.--The term ``Heritage Area'' means the 
        Mountains to Sound Greenway National Heritage Area established 
        in this Act.
            (2) Local coordinating entity.--The term ``local 
        coordinating entity'' means the Mountains to Sound Greenway 
        Trust, a nonprofit corporation recognized by the Federal 
        Government as being organized for charitable purposes in the 
        State of Washington.
            (3) Management plan.--The term ``management plan'' means 
        the plan to be prepared by the local coordinating entity, along 
        with a group comprised of public agency staff and community 
        members, that will specify actions, policies, strategies, 
        performance goals, and recommendations to meet the goals of the 
        Heritage Area, in accordance with this Act.
            (4) Map.--The term ``map'' means the map titled ``Mountains 
        to Sound Greenway National Heritage Area'', numbered 1, and 
        dated January 31, 2011.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (6) State.--The term ``State'' means the State of 
        Washington.
            (7) Tribal.--The term ``tribal'' means the five federally 
        recognized tribes with usual and accustomed places in the 
        Heritage Area, including the Snoqualmie, Yakama, Tulalip, 
        Muckleshoot, and Colville Nation.

SEC. 5. DESIGNATION OF THE MOUNTAINS TO SOUND GREENWAY NATIONAL 
              HERITAGE AREA.

    (a) Establishment.--There is hereby established the Mountains to 
Sound Greenway National Heritage Area.
    (b) Boundaries.--The Heritage Area shall consist of the 
approximately 1,550,000 acres of land and interests in land generally 
depicted on the map and located in King and Kittitas Counties, 
including--
            (1) in Kittitas County, all lands within the Yakima River 
        Basin upstream of Manastash Creek, including the Manastash and 
        Teanaway drainages and the cities of Ellensburg, Roslyn, Cle 
        Elum and South Cle Elum; and
            (2) in King County, all lands in the Snoqualmie River, 
        Cedar River, and Lake Washington watersheds and the Puget Sound 
        nearshore watersheds within and including the cities of Seattle 
        and Shoreline, and 22 additional cities in King County.
    (c) Map.--The map shall be on file and available to the public in 
the appropriate offices of the National Park Service, United States 
Forest Service, and the local coordinating entity.
    (d) Local Coordinating Entity.--The Mountains to Sound Greenway 
Trust is hereby designated by Congress as the local coordinating entity 
to--
            (1) facilitate, in partnership with Federal, State, and 
        local partners, the creation of the management plan for the 
        Heritage Area; and
            (2) act as a catalyst for the implementation of projects 
        and programs among diverse partners in the Heritage Area.

SEC. 6. MANAGEMENT PLAN.

    (a) In General.--Not later than 3 years after the date of the 
enactment of this Act, the local coordinating 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, management, and interpretation of 
        the natural, cultural, historic, scenic, and recreational 
        resources of the Heritage Area;
            (2) take into consideration, Federal, State, tribal and 
        local government plans;
            (3) include--
                    (A) an inventory of the natural, historical, 
                cultural, educational, scenic, and recreational 
                resources of the Heritage Area which relate to the 
                national importance and themes of the Heritage Area 
                that should be conserved and enhanced;
                    (B) a description of strategies and recommendations 
                for conservation, funding, management, and development 
                of the Heritage Area;
                    (C) a history of the Mountains to Sound Greenway; 
                and of the Mountains to Sound Greenway Trust and its 
                role in encouraging stewardship of the Heritage Area by 
                local, State, Federal, tribal institutions and private 
                organizations;
                    (D) a description of actions Federal, State, 
                tribal, local, and private partners have agreed to take 
                to protect, enhance, interpret, fund, manage, and 
                develop the natural, historical, cultural, educational, 
                scenic, and recreational resources of the Heritage 
                Area;
                    (E) a program of implementation for the management 
                plan by the local coordinating entity including--
                            (i) performance goals; and
                            (ii) commitments for implementation made by 
                        partners;
                    (F) the identification of sources of funding, 
                economic development strategies, or both, for carrying 
                out the management plan;
                    (G) analysis and recommendations for means by which 
                local, State, and Federal programs may best be 
                coordinated to carry out this Act;
                    (H) an interpretive plan for the Heritage Area;
                    (I) recommended policies and strategies for 
                resource management, including the development of 
                intergovernmental and interagency agreements to 
                protect, enhance, interpret, fund, manage, and 
                otherwise provide for the enjoyment and understanding 
                of the natural, historical, cultural, educational, 
                scenic, and recreational resources of the Heritage 
                Area;
                    (J) a definition of the roles of the National Park 
                Service, the United States Forest Service and other 
                Federal agencies in the coordination of the Heritage 
                Area and in otherwise furthering the purposes of this 
                Act; and
                    (K) in consultation with the National Park Service 
                and the United States Forest Service, a plan to share 
                with other communities and interested parties the 
                expertise of the coordinating entity in--
                            (i) reconnecting Americans, especially 
                        children, to our outdoors;
                            (ii) promoting community-based recreation 
                        and conservation; and
                            (iii) advancing volunteer opportunities in 
                        conservation and outdoor recreation.
    (c) Approval of Management Plan.--
            (1) Review.--Not later than 180 days after receiving the 
        management plan for the Heritage Area, the Secretary shall 
        review and, in consultation with the Secretary of Agriculture, 
        approve or disapprove the management plan on the basis of the 
        criteria established under paragraph (2).
            (2) Criteria for approval.--In determining whether to 
        approve a management plan for a Heritage Area, the Secretary 
        shall consider whether--
                    (A) the local coordinating entity represents the 
                diverse interests of the Heritage Area, including 
                Federal, State, tribal, and local governments, natural 
                and historic resource protection organizations, 
                educational institutions, businesses, recreational 
                organizations, community members, and private property 
                owners;
                    (B) the local coordinating entity--
                            (i) has afforded adequate opportunity for 
                        the public and Federal, State, tribal, and 
                        local governmental involvement in the 
                        preparation of the management plan; and
                            (ii) provides for at least annual public 
                        meetings to ensure adequate implementation of 
                        the management plan.
                    (C) the resource protection, enhancement, 
                interpretation, funding, and management strategies 
                described in the management plan, if implemented, would 
                adequately protect, enhance, interpret, fund, manage, 
                and otherwise provide for the enjoyment and 
                understanding of the natural, historic, cultural, 
                educational, scenic, and recreational resources of the 
                Heritage Area;
                    (D) the management plan would not adversely affect 
                any activities on Federal land authorized under public 
                land laws or land use plans;
                    (E) the local coordinating entity has demonstrated 
                the financial capability, in partnership with others, 
                to carry out the management plan;
                    (F) 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 elements 
                of the management plan;
                    (G) the management plan demonstrates partnerships 
                among the local coordinating entity, Federal, State, 
                tribal, and local governments, regional planning 
                organizations, nonprofit organizations, and private 
                sector parties for implementation of the management 
                plan; and
                    (H) the management plan is consistent with all 
                provisions in this Act.
    (d) Disapproval.--
            (1) In general.--If the Secretary disapproves the 
        management plan, the Secretary shall--
                    (A) advise the local coordinating entity in writing 
                of the reasons for the disapproval; and
                    (B) make recommendations to the local coordinating 
                entity for revisions to the management plan.
            (2) Deadline.--Not later than 180 days after receiving a 
        revised management plan, the Secretary shall approve or 
        disapprove the revised management plan.
    (e) Amendments.--
            (1) In general.--An amendment to the management plan that 
        substantially alters the purposes of the Heritage Area shall be 
        reviewed by the Secretary and approved or disapproved in the 
        same manner as the original management plan.
            (2) Implementation.--The local coordinating entity shall 
        not use Federal funds authorized by this Act to implement an 
        amendment to the management plan until the Secretary approves 
        the amendment.
    (f) Authorities.--The Secretaries of the Interior and Agriculture 
may--
            (1) provide technical assistance under the authority of 
        this Act for the implementation of the management plan; and
            (2) enter into cooperative agreements with the local 
        coordinating entity, State and local agencies, and other 
        interested parties to carry out this Act, including cooperation 
        and cost sharing as appropriate to provide more cost-effective 
        and coordinated public land management.

SEC. 7. EVALUATION; REPORTING.

    (a) In General.--Not later than 15 years after the enactment of 
this Act, the Secretary, in consultation with the Secretary of 
Agriculture, shall--
            (1) conduct an evaluation of the accomplishments of the 
        Heritage Area; and
            (2) prepare and submit a report pursuant to subsection (c).
    (b) Evaluation.--An evaluation conducted under this subsection 
shall--
            (1) assess the progress of the local coordinating entity 
        with respect to--
                    (A) accomplishing the purposes of the authorizing 
                legislation 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, tribal, local, and private 
        investments in the Heritage Area to determine the 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.--Based on the evaluation conducted under subsection 
(b), the Secretary shall submit a report to the Committee on Natural 
Resources of the House of Representatives and the Committee on Energy 
and Natural Resources of the Senate. The report shall include 
recommendations for the future role of the National Park Service with 
respect to the Heritage Area. The Secretary may also include 
recommendations by the Secretary of Agriculture for the future role of 
the Forest Service with respect to the Heritage Area.

SEC. 8. LOCAL COORDINATING ENTITY.

    (a) Duties.--To 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 6;
            (2) facilitate and expedite the implementation of projects 
        and programs among diverse partners in the Heritage Area;
            (3) encourage economic viability and sustainability that is 
        consistent with the purposes of the Heritage Area;
            (4) submit a report to the Secretary every five years after 
        the Secretary has approved the management plan, specifying--
                    (A) the specific performance goals and 
                accomplishments of the local coordinating entity;
                    (B) the expenses and income of the local 
                coordinating entity; and
                    (C) significant grants or contracts made by the 
                local coordinating entity to any other entities during 
                the five-year period; and
            (5) consult with the United States Forest Service, National 
        Park Service, the Governor of the State of Washington, and the 
        Washington State Commissioner of Public Lands.
    (b) Authorities.--To further the purposes of the Heritage Area, the 
local coordinating entity may--
            (1) make grants to political jurisdictions, nonprofit 
        organizations, and other parties within the National 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, including individuals with 
        expertise in--
                    (A) natural, historical, cultural, educational, 
                scenic, and recreational resource conservation;
                    (B) economic and community development; and
                    (C) heritage and interpretive planning;
            (4) obtain funds or services from any source, including 
        Federal programs;
            (5) contract for goods or services; and
            (6) support activities that further the purposes of the 
        Heritage Area and are consistent with the approved management 
        plan.
    (c) Prohibition on Acquisition of Real Property.--The local 
coordinating entity may not acquire land or interests in land through 
condemnation.

SEC. 9. 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.--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 local 
coordinating 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. 10. PRIVATE PROPERTY AND REGULATORY PROTECTIONS.

    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, tribal, 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, tribal, or local law;
            (3) alters any duly adopted land use regulation, approved 
        land use plan, or other regulatory authority (such as the 
        authority to make safety improvements or increase the capacity 
        of existing roads or to construct new roads or associated 
        developments) of any Federal, State, tribal, local unit of 
        government or local agency, or conveys any land unit of 
        government or agency use or other regulatory authority to any 
        local coordinating entity, including but not necessarily 
        limited to development and management of energy, water or 
        water-related infrastructure;
            (4) alters, modifies, diminishes, or extinguishes the 
        treaty rights of any Indian tribe within the Heritage Area;
            (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, of any private property owner.

SEC. 11. USE OF FEDERAL FUNDS FROM OTHER SOURCES.

    Nothing in this Act shall preclude the local coordinating entity 
from using Federal funds available under other laws for the purposes 
for which those funds were authorized.
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