[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2602 Introduced in Senate (IS)]

113th CONGRESS
  2d Session
                                S. 2602

To establish the Mountains to Sound Greenway National Heritage Area in 
                        the State of Washington.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 15, 2014

  Ms. Cantwell (for herself and Mrs. Murray) introduced the following 
bill; which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL


 
To establish the Mountains to Sound Greenway National Heritage Area in 
                        the State of Washington.

    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. FINDINGS.

    Congress finds that--
            (1) the Mountains to Sound Greenway--
                    (A) is a nationally important historical 
                transportation corridor in which native travel routes, 
                pioneer wagon roads, transcontinental railroads, 
                original State highways, and modern interstates are 
                layered into a historical and cultural mosaic that were 
                important in opening the Northwest region of the United 
                States to commerce, transport, settlement, and 
                recreation;
                    (B) remains a crucial transcontinental link within 
                the United States;
                    (C) has a unique and nationally important heritage 
                of outdoor recreation and natural resource 
                conservation; and
                    (D) is a large, iconic, populated area of the 
                United States, exemplified by--
                            (i) hundreds of thousands of acres of 
                        forests and fields that are--
                                    (I) managed by the Federal 
                                Government and State, local, and tribal 
                                governments; and
                                    (II) in close proximity to a major 
                                metropolitan area;
                            (ii) an outstanding array of accessible 
                        natural land, which is highlighted by--
                                    (I) the Alpine Lakes Wilderness 
                                Area;
                                    (II) the forests of the Teanaway 
                                River basin; and
                                    (III) the towering Douglas firs of 
                                the Issaquah Alps;
                            (iii) dynamic and engaging cultural 
                        opportunities, including hundreds of museums, 
                        environmental education centers, interpretive 
                        trails, festivals, and community centers;
                            (iv) vibrant cities, extensive outdoor 
                        recreation, and globally competitive businesses 
                        established and thriving in the area; and
                            (v) strong local citizen involvement and 
                        collaboration; and
            (2) the community of Mountains to Sound Greenway has many 
        great stories to share, including stories of--
                    (A) Indian tribes from time immemorial;
                    (B) travel and transport in the West, including 
                footpaths used for trading, transcontinental railroads, 
                and the present-day Mountains to Sound Greenway I-90 
                National Scenic Byway;
                    (C) settlement and commerce in the Northwest, 
                including the coal mining communities of Roslyn and 
                Newcastle, the railroad communities of Cle Elum and 
                South Cle Elum, the timber communities of Snoqualmie 
                and North Bend, and the agricultural communities of 
                Ellensburg and Carnation;
                    (D) extensive rural working farms and forests of 
                the Snoqualmie and Yakima River valleys and the Cascade 
                foothills; and
                    (E) a strong interrelationship between built and 
                natural environments that strengthens economies and 
                communities.

SEC. 3. PURPOSES.

    The purposes of this Act are--
            (1) to recognize the national importance of the natural, 
        historical, and cultural legacies of the Heritage Area, as 
        demonstrated in--
                    (A) the study entitled ``Mountains to Sound 
                Greenway National Heritage Area Feasibility Study'' and 
                dated April 2012; and
                    (B) the document entitled ``National Heritage Area 
                Feasibility Study Addendum'' and dated March 2014;
            (2) to recognize the nationally important role of the 
        Heritage Area as a historical transportation corridor that 
        continues to link the Puget Sound region to the rest of the 
        United States;
            (3) to recognize the national heritage of the timber and 
        outdoor recreation industries that have developed from the 
        transportation corridor;
            (4) to recognize the heritage of natural resource 
        conservation in the Pacific Northwest and in the Mountains to 
        Sound Greenway;
            (5) to conserve, enhance, and interpret the legacy of 
        natural resource conservation and community stewardship, which 
        has been passed from generation to generation within the 
        Heritage Area;
            (6) to promote heritage, cultural, and recreational 
        tourism;
            (7) to develop educational and cultural programs for 
        visitors and the general public;
            (8) to recognize and interpret important events and 
        geographic locations representing key developments in the 
        establishment of the United States, particularly the settlement 
        of the West and the stories of diverse ethnic groups, including 
        members of Indian tribes and others;
            (9) to enhance a cooperative management framework to assist 
        the Federal Government, State, local, and tribal governments, 
        the private sector, and citizens residing in the Heritage Area 
        in conserving, supporting, managing, enhancing, and 
        interpreting the significant historical, cultural, natural, and 
        recreational sites in the Heritage Area;
            (10) to recognize and interpret the relationship between 
        land and people, which are broad ideals of the United States 
        demonstrated through the integrity of existing resources within 
        the Heritage Area; and
            (11) to support working relationships between public land 
        managers and the community by creating relevant linkages 
        between the National Park Service, the Forest Service, other 
        relevant Federal agencies, Indian tribes, State and local 
        governments and agencies, and community stakeholders within and 
        surrounding the Heritage Area, in order to conserve, enhance, 
        and interpret cultural and natural resources within the 
        Heritage Area.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Heritage area.--The term ``Heritage Area'' means the 
        Mountains to Sound Greenway National Heritage Area established 
        by section 5(a).
            (2) Local coordinating entity.--The term ``local 
        coordinating entity'' means the local coordinating entity for 
        the Heritage Area designated by section 5(d).
            (3) Management plan.--The term ``management plan'' means 
        the management plan for the Heritage Area required under 
        section 6.
            (4) Map.--The term ``map'' means the map entitled 
        ``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 each of the tribal 
        government of the Snoqualmie, Yakama, Tulalip, Muckleshoot, and 
        Colville Indian tribes.

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

    (a) Establishment.--There is established in the State 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 located in 
King and Kittitas counties in the State, as generally depicted on the 
map, including--
            (1) the land within the Yakima River Basin upstream of 
        Manastash Creek in Kittitas county, including the Manastash and 
        Teanaway drainages and the cities of Ellensburg, Roslyn, Cle 
        Elum and South Cle Elum; and
            (2) the land in the Snoqualmie River, Cedar River, and Lake 
        Washington watersheds and the Puget Sound nearshore watersheds 
        in the cities of Seattle, Shoreline, and 22 additional cities 
        in King County.
    (c) Map.--The map shall be on file and available for public 
inspection in the appropriate offices of the National Park Service, the 
Forest Service, and the local coordinating entity.
    (d) Local Coordinating Entity.--
            (1) In general.--The Mountains to Sound Greenway Trust, a 
        nonprofit corporation recognized by the Federal Government as 
        being organized for charitable purposes in the State, is 
        designated as the local coordinating entity for the Heritage 
        Area--
                    (A) to facilitate, in partnership with Federal, 
                State, and local partners, the development of the 
                management plan for the Heritage Area; and
                    (B) to act as a catalyst for the implementation of 
                projects and programs among diverse partners in the 
                Heritage Area.
            (2) Duties.--To further the purposes of the Heritage Area, 
        the local coordinating entity shall--
                    (A) prepare and submit a management plan for the 
                Heritage Area to the Secretary, in accordance with 
                section 6;
                    (B) facilitate and expedite the implementation of 
                projects and programs among diverse partners in the 
                Heritage Area;
                    (C) encourage economic viability and sustainability 
                that is consistent with the purposes of the Heritage 
                Area;
                    (D) every 5 years after the date on which the 
                Secretary has approved the management plan, submit to 
                the Secretary a report that describes--
                            (i) the specific performance goals and 
                        accomplishments of the local coordinating 
                        entity;
                            (ii) the expenses and income of the local 
                        coordinating entity; and
                            (iii) significant grants or contracts made 
                        by the local coordinating entity to any other 
                        entities during the 5-year period;
                    (E) make available for audit by the Secretary for 
                each fiscal year for which the local coordinating 
                entity receives Federal funds under this Act--
                            (i) information pertaining to the 
                        expenditure of the Federal funds received under 
                        this Act; and
                            (ii) any funds matched to Federal funds 
                        received under this Act; and
                    (F) consult with the Forest Service, National Park 
                Service, the Governor of the State, and the Washington 
                State Commissioner of Public Lands.
            (3) Authorities.--To further the purposes of the Heritage 
        Area, the local coordinating entity may--
                    (A) make grants to political jurisdictions, 
                nonprofit organizations, and other parties within the 
                Heritage Area;
                    (B) enter into cooperative agreements with, or 
                provide technical assistance to, political 
                jurisdictions, nonprofit organizations, Federal 
                agencies, and other interested parties;
                    (C) hire and compensate staff, including 
                individuals with expertise in--
                            (i) natural, historical, cultural, 
                        educational, scenic, and recreational resource 
                        conservation;
                            (ii) economic and community development; 
                        and
                            (iii) heritage and interpretive planning;
                    (D) obtain funds or services from any source, 
                including Federal programs;
                    (E) contract for goods or services; and
                    (F) support activities that--
                            (i) further the purposes of the Heritage 
                        Area; and
                            (ii) are consistent with the approved 
                        management plan.
            (4) Prohibition on acquisition of real property.--The local 
        coordinating entity may not acquire land or interests in land 
        through condemnation.

SEC. 6. MANAGEMENT PLAN.

    (a) In General.--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) Requirements.--The management plan shall--
            (1) incorporate an integrated and cooperative approach for 
        the conservation, enhancement, management, and interpretation 
        of the natural, cultural, historical, scenic, and recreational 
        resources of the Heritage Area;
            (2) take into consideration plans of the Federal Government 
        and State, tribal, and local governments;
            (3) include--
                    (A) an inventory of the natural, historical, 
                cultural, educational, scenic, and recreational 
                resources of the Heritage Area that 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 the conservation, funding, management, and 
                development of the Heritage Area;
                    (C) a history of--
                            (i) the Mountains to Sound Greenway; and
                            (ii) the Mountains to Sound Greenway Trust, 
                        including the role of the Trust in encouraging 
                        stewardship of the Heritage Area by Federal, 
                        State, tribal, and local institutions and 
                        private organizations;
                    (D) a description of actions Federal, State, 
                tribal, local, and private partners have agreed to take 
                to conserve, 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 and 
                economic development strategies for carrying out the 
                management plan;
                    (G) an analysis of, and recommendations for, means 
                by which Federal, State, and local 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 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 Forest Service, a plan to share with other 
                communities and interested parties the expertise of the 
                coordinating entity in--
                            (i) reconnecting the people of the United 
                        States, with a special emphasis on children, to 
                        the outdoors;
                            (ii) promoting community-based recreation 
                        and conservation; and
                            (iii) advancing volunteer opportunities in 
                        conservation and outdoor recreation.
    (c) Deadline.--If the local coordinating entity does not submit a 
proposed management plan to the Secretary by the date that is 3 years 
after the date on which the local coordinating receives funding under 
this Act, the local coordinating entity shall be ineligible to receive 
additional funding under this Act until the date on which the Secretary 
receives and approves the management plan.
    (d) Approval of Management Plan.--
            (1) Review.--Not later than 180 days after the date of 
        receipt of the management plan, 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 historical 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 the involvement of the Federal 
                        Government and State, tribal, and local 
                        governments 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 conservation, enhancement, 
                interpretation, funding, and management strategies 
                described in the management plan, if implemented, would 
                adequately conserve, 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;
                    (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, the support of which 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, the Federal 
                Government, 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 this 
                Act.
    (e) 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 under this subsection, the Secretary 
        shall approve or disapprove the revised management plan.
    (f) 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.
    (g) Authorities.--The Secretary and the Secretary of Agriculture 
may--
            (1) provide technical assistance under 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 date of 
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, in accordance with subsection (b); and
            (2) prepare and submit a report, in accordance with 
        subsection (c).
    (b) Evaluation Requirements.--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; 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 
(a)(1), the Secretary shall submit to the Committee on Natural 
Resources of the House of Representatives and the Committee on Energy 
and Natural Resources of the Senate a report that--
            (1) shall include recommendations for the future role of 
        the National Park Service with respect to the Heritage Area; 
        and
            (2) may include recommendations by the Secretary of 
        Agriculture for the future role of the Forest Service with 
        respect to the Heritage Area.

SEC. 8. 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.--To the maximum extent 
practicable, 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.
    (c) Other Federal Agencies.--Nothing in this Act--
            (1) modifies, alters, or amends any law (including 
        regulations) 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. 9. PRIVATE PROPERTY AND REGULATORY PROTECTIONS.

    Nothing in this Act--
            (1) abridges the rights of any property owner (whether 
        public or private), including the right of a property owner 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, 
                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, or local unit of 
        government or local agency;
            (4) conveys any land unit of government or agency use or 
        other regulatory authority to any local coordinating entity, 
        including development and management of energy, water, or 
        water-related infrastructure;
            (5) alters, modifies, diminishes, or extinguishes the 
        treaty rights of any Indian tribe within the Heritage Area;
            (6) authorizes or implies the reservation or appropriation 
        of water or water rights;
            (7) diminishes the authority of the State to manage fish 
        and wildlife, including the regulation of fishing and hunting 
        within the Heritage Area; or
            (8) creates any liability, or affects any liability under 
        any other law, of any private property owner.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    (a) Authorization of Appropriations.--Subject to section 6(c) and 
subsection (b), there is authorized to be appropriated to carry out 
this Act $1,000,000 for each fiscal year, to remain available until 
expended.
    (b) Limitations on Total Amounts Appropriated.--A total of not more 
than $15,000,000 may be appropriated to carry out this Act.
    (c) Cost-Sharing Requirement.--
            (1) In general.--The Federal share of the total cost of the 
        activities carried out under this Act shall be not more than 50 
        percent.
            (2) Non-federal share.--The non-Federal share of the cost 
        of activities carried out under this Act may be in the form of 
        in-kind contributions of goods or services fairly valued.
    (d) Use of Federal Funds From Other Sources.--Nothing in this Act 
precludes the local coordinating entity from using Federal funds 
available under other laws for the purposes for which the funds were 
authorized.
                                 <all>