[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1791 Referred in Senate (RFS)]

<DOC>
115th CONGRESS
  2d Session
                                H. R. 1791


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 26, 2018

   Received; read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 AN ACT


 
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 Act''.

SEC. 2. PURPOSES; CONSTRUCTION.

    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 and its addendum dated May 
        2014;
            (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 
        legacies of natural resource conservation, community 
        stewardship, and Indian tribes and nations from time 
        immemorial, and reserved rights of Indian Tribes within the 
        Mountains to Sound National 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, Indian 
        tribes, 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, and enhancing 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 links between 
        the National Park Service, the Forest Service, other relevant 
        Federal agencies, Tribal governments, 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. 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 entity selected by the 
        Secretary under section 4(d).
            (3) Management plan.--The term ``management plan'' means 
        the management plan for the Heritage Area required under 
        section 5.
            (4) Map.--The term ``Map'' means the map entitled 
        ``Mountains to Sound Greenway National Heritage Area Proposed 
        Boundary'', numbered 584/125,484, and dated August 2014.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (6) State.--The term ``State'' means the State of 
        Washington.
            (7) Tribe or tribal.--The terms ``Tribe'' or ``Tribal'' 
        mean any federally recognized Indian tribe with cultural 
        heritage and historic interests within the proposed Mountains 
        to Sound Greenway National Heritage Area, including the 
        Snoqualmie, Yakama, Tulalip, Muckleshoot and Colville Indian 
        tribes.

SEC. 4. 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 land located in 
King and Kittitas Counties in the State, as generally depicted on the 
map.
    (c) Map.--The map shall be on file and available for public 
inspection in the appropriate offices of the National Park Service, the 
United States Forest Service, and the local coordinating entity.
    (d) Local Coordinating Entity.--The Secretary shall designate a 
willing local unit of government, a consortium of affected counties, 
Indian tribe, or a nonprofit organization to serve as the coordinating 
entity for the Heritage Area within 120 days of the date of the 
enactment of this Act.

SEC. 5. 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, and interpretation of the natural, 
        cultural, historic, scenic, Tribal, and recreational resources 
        of the Heritage Area;
            (2) take into consideration Federal, State, Tribal, and 
        local plans, and treaty rights; and
            (3) include--
                    (A) an inventory of the natural, historical, 
                cultural, educational, scenic, and recreational 
                resources of the Heritage Area, including an 
                acknowledgment of the exercise of Tribal treaty rights, 
                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 conservation, funding, management, and development 
                of the Heritage Area;
                    (C) a description of the actions that Federal, 
                State, local, and Tribal governments, private 
                organizations, and individuals have agreed to take to 
                protect and interpret the natural, cultural, 
                historical, scenic, and recreational resources of the 
                Heritage Area;
                    (D) a program of implementation for the management 
                plan by the local coordinating entity, including--
                            (i) performance goals and ongoing 
                        performance evaluation; and
                            (ii) commitments for implementation made by 
                        partners;
                    (E) the identification of sources of funding for 
                carrying out the management plan;
                    (F) analysis and recommendations for means by which 
                Federal, State, local, and Tribal programs may best be 
                coordinated to carry out this section;
                    (G) an interpretive plan for the Heritage Area, 
                including Tribal heritage;
                    (H) recommended policies and strategies for 
                resource management, including the development of 
                intergovernmental and interagency cooperative 
                agreements to protect the natural, cultural, 
                historical, scenic, and recreational resources of the 
                Heritage Area; and
                    (I) a definition of the roles of the National Park 
                Service, the Forest Service, other Federal agencies, 
                and Tribes in the coordination of the Heritage Area and 
                in otherwise furthering the purposes of this Act.
    (c) Deadline.--If a proposed management plan is not submitted to 
the Secretary by the date that is 3 years after the date of the 
enactment of 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 or Disapproval of Management Plan.--
            (1) In general.--Not later than 180 days after the date of 
        receipt of the proposed management plan, the Secretary, in 
        consultation with the State, affected counties, and Tribal 
        governments, 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 local coordinating entity has afforded 
                adequate opportunity, including public hearings, for 
                public and governmental involvement in the preparation 
                of the management plan;
                    (B) the resource protection and interpretation 
                strategies contained in the management plan, if 
                implemented, would adequately protect the natural, 
                cultural, historical, scenic, and recreational 
                resources of the Heritage Area;
                    (C) the management plan is consistent with the 
                Secretary's trust responsibilities to Indian tribes and 
                Tribal treaty rights within the National Heritage Area; 
                and
                    (D) the management plan is supported by the 
                appropriate State, Kittitas County, King County, and 
                local officials, the cooperation of which is needed to 
                ensure the effective implementation of State and local 
                aspects of the management plan.
            (3) Action following disapproval.--If the Secretary 
        disapproves the management plan, the Secretary shall--
                    (A) advise the local coordinating entity in writing 
                of the reasons for the disapproval;
                    (B) make recommendations to the local coordinating 
                entity for revisions to the management plan; and
                    (C) not later than 180 days after the receipt of 
                any revised management plan from the local coordinating 
                entity, approve or disapprove the revised management 
                plan.
    (e) Amendments.--The Secretary shall review and approve or 
disapprove in the same manner as the original management plan, each 
amendment to the management plan that makes a substantial change to the 
management plan, as determined by the Secretary. The local coordinating 
entity shall not carry out any amendment to the management plan until 
the date on which the Secretary has approved the amendment.

SEC. 6. ADMINISTRATION.

    (a) Authorities.--
            (1) In general.--For purposes of implementing the 
        management plan, the Secretary and Forest Service may--
                    (A) provide technical assistance for the 
                implementation of the management plan; and
                    (B) enter into cooperative agreements with the 
                local coordinating entity, State and local agencies, 
                Tribes, 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.
            (2) Termination of authority.--The authority of the 
        Secretary to provide technical assistance under this Act 
        terminates on the date that is 15 years after the date of the 
        enactment of this Act.
    (b) Local Coordinating Entity Authorities.--For purposes of 
implementing the management plan, the local coordinating entity may--
            (1) make grants to the State or a political subdivision of 
        the State, Tribes, nonprofit organizations, and other persons;
            (2) enter into cooperative agreements with, or provide 
        technical assistance to, Federal agencies, the State or 
        political subdivisions of the State, Tribes, nonprofit 
        organizations, and other interested parties;
            (3) hire and compensate staff, including individuals with 
        expertise in natural, cultural, historical, scenic, and 
        recreational resource protection and heritage programming;
            (4) obtain money or services from any source, including any 
        money or services that are provided under any other Federal law 
        or program, in which case the Federal share of the cost of any 
        activity assisted using Federal funds provided for National 
        Heritage Areas shall not be more than 50 percent;
            (5) contract for goods or services; and
            (6) undertake to be a catalyst for other activities that--
                    (A) further the purposes of the Heritage Area; and
                    (B) are consistent with the management plan.
    (c) Local Coordinating Entity Duties.--The local coordinating 
entity shall--
            (1) in accordance with section 5, prepare and submit a 
        management plan to the Secretary;
            (2) assist units of Federal, State, and local government, 
        Tribes, regional planning organizations, nonprofit 
        organizations, and other interested parties 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; and
                    (D) increasing public awareness of, and 
                appreciation for, the natural, cultural, historical, 
                Tribal, scenic, and recreational resources of the 
                Heritage Area;
            (3) consider the interests of diverse units of government, 
        Tribes, business, 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) encourage, by appropriate means, economic viability 
        that is consistent with the Heritage Area; and
            (6) submit a report to the Secretary every 5 years after 
        the Secretary has approved the management plan, specifying--
                    (A) the expenses and income of the local 
                coordinating entity; and
                    (B) significant grants or contracts made by the 
                local coordinating entity to any other entity over the 
                5-year period that describes the activities, expenses, 
                and income of the local coordinating entity (including 
                grants from the local coordinating entity to any other 
                entity during the year that the report is made).
    (d) Prohibition on Acquisition of Real Property.--The local 
coordinating entity may not acquire real property or interest in real 
property through condemnation or with Federal funds provided for 
National Heritage Areas.
    (e) Use of Federal Funds.--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.

SEC. 7. RELATIONSHIP TO TRIBAL GOVERNMENTS.

    Nothing in this Act shall construe, define, waive, limit, or affect 
any rights of any federally recognized Indian tribe and the Federal 
trust responsibility.

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.--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. 9. PRIVATE PROPERTY AND REGULATORY PROTECTIONS.

    Nothing in this Act, the proposed Mountains to Sound Greenway 
National Heritage Area, or resulting management plan (or any revisions 
to that plan) shall--
            (1) abridge the rights of any owner of public or private 
        property, including the right to refrain from participating in 
        any plan, project, program, or activity conducted within the 
        Heritage Area;
            (2) require any property owner--
                    (A) to allow public access (including access by 
                Federal, State, 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) alter any duly adopted land use regulation, approved 
        land use plan, or other regulatory authority of any Federal, 
        State, Tribal, or local agency;
            (4) convey any land use or other regulatory authority to 
        the local coordinating entity or any subsidiary organization, 
        including but not necessarily limited to development and 
        management of energy or water or water-related infrastructure;
            (5) authorize or imply the reservation or appropriation of 
        water or water rights;
            (6) diminish the authority of the State or Tribe to manage 
        fish and wildlife, including the regulation of fishing, 
        hunting, or gathering within the Heritage Area or the authority 
        of Tribes to regulate their members with respect to such 
        matters in the exercise of Tribal treaty rights;
            (7) create 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;
            (8) affect current or future grazing permits, leases, or 
        allotment on Federal lands;
            (9) affect the construction, operation, maintenance or 
        expansion of current or future water projects, including water 
        storage, hydroelectric facilities, or delivery systems; or
            (10) alter the authority of State, county, or local 
        governments in land use planning or obligate those governments 
        to comply with any recommendations in the management plan.

SEC. 10. EVALUATION AND REPORT.

    (a) In General.--Not later than 15 years after the date of the 
enactment of this Act, 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 local coordinating entity 
        with respect to--
                    (A) accomplishing the purposes of the Heritage 
                Area; and
                    (B) achieving the goals and objectives of the 
                management plan;
            (2) analyze the investments of Federal, State, Tribal, and 
        local governments and private entities 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 includes 
recommendations for the future role of the National Park Service with 
respect to the Heritage Area.

            Passed the House of Representatives June 25, 2018.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.