[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 401 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  1st Session
                                 S. 401

  To establish the Appalachian Forest National Heritage Area, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 15, 2017

Mr. Manchin (for himself, Mrs. Capito, Mr. Cardin, and Mr. Van Hollen) 
introduced the following bill; which was read twice and referred to the 
               Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
  To establish the Appalachian Forest National Heritage Area, 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 ``Appalachian Forest National Heritage 
Area Act''.

SEC. 2. FINDINGS; PURPOSES.

    (a) Findings.--Congress finds that--
            (1) the Heritage Area--
                    (A) is comprised of 18 counties that are located in 
                West Virginia and western Maryland; and
                    (B) taken as a whole--
                            (i) possesses exceptional cultural, 
                        natural, and historical resources that form a 
                        cohesive and nationally distinctive landscape;
                            (ii) demonstrates landscapes that arose 
                        from patterns of human activity that were 
                        shaped by the geography of the forested central 
                        Appalachian Mountains; and
                            (iii) reflects both modern and historical 
                        uses by citizens who continue to affect, and be 
                        affected by, the landscape of the forest;
            (2) there is a national interest in protecting, conserving, 
        restoring, promoting, and interpreting the benefits of the 
        Heritage Area for--
                    (A) the residents of the Heritage Area; and
                    (B) visitors to the Heritage Area;
            (3) nationally significant historical and cultural 
        resources located in the Heritage Area form a unique aspect of 
        the heritage of the United States;
            (4) with respect to the economic development of the United 
        States--
                    (A) the timber harvesting activities in the region 
                helped fuel late 19th century and early 20th century 
                industrial growth throughout the United States; and
                    (B) prominent industrialists of the region were 
                also active in the national economy;
            (5) workers who participated in the timber boom of the 
        region brought a blending of cultures of European and African-
        American immigrants;
            (6) the growth of each community located in the region was 
        impacted by the forested central Appalachian Mountains;
            (7) the rich culture of central Appalachia--
                    (A) includes folklife, music, dance, crafts, and 
                other culturally rich traditions; and
                    (B) is inextricably tied to the forest land of the 
                region;
            (8) significant historical and cultural sites and resources 
        located in the Heritage Area include--
                    (A) historic sites from the logging era (including 
                the intact logging company town that is located at the 
                Cass Scenic Railroad State Park);
                    (B) historic sites that evidence conservation 
                efforts (including structures constructed by the 
                Civilian Conservation Corps);
                    (C) 5 national historic landmarks; and
                    (D) segments of 4 National Scenic Byways and 1 All-
                American Road;
            (9) nationally significant natural and physical resources 
        in the Heritage Area include spectacular natural, scenic, and 
        recreational resources, featuring the core of the central 
        hardwood forest of the United States, which--
                    (A) as a result of sound forest management and 
                protection of public land, grew from the original 
                cutting of the forest; and
                    (B) includes--
                            (i) the remnants of old growth forests;
                            (ii) protected wilderness areas;
                            (iii) 14 national natural landmarks;
                            (iv) Federal and State forest lands that 
                        were created to foster the regrowth of the 
                        forests of the United States, including the 
                        Monongahela National Forest, and 9 State 
                        forests;
                            (v) experimental forests that demonstrate 
                        the evolution of forestry management;
                            (vi) forests managed by public and private 
                        entities; and
                            (vii) a dynamic forest industry comprised 
                        of mills that demonstrate the ongoing 
                        importance of the forest land and forest 
                        products to the region;
            (10) local public and private partnerships that are based 
        on the visions of the community and region are working together 
        to promote the stewardship, enhancement, and interpretation of 
        the resources of the Heritage Area;
            (11) to promote the goals described in paragraph (10), 
        local residents, organizations, and governments support the 
        establishment of a national heritage area; and
            (12) involvement by the Federal Government would enhance 
        the efforts to promote the cultural, natural, historical, and 
        recreational resources of the region that have been made by--
                    (A) the States of West Virginia and Maryland;
                    (B) political subdivisions of the States of West 
                Virginia and Maryland;
                    (C) volunteer organizations; and
                    (D) private businesses.
    (b) Purposes.--The purposes of this Act are--
            (1) to provide a cooperative management framework to the 
        States of West Virginia and Maryland, the political 
        subdivisions of those States, and the citizens of those States 
        to conserve, enhance, and interpret the significant features of 
        the forest, land, water, and structures of the Heritage Area; 
        and
            (2) to foster a close working relationship with all levels 
        of government, the private sector, and the local communities of 
        the region to enable those communities--
                    (A) to conserve the heritage of those communities; 
                and
                    (B) to continue to pursue economic opportunities 
                for those communities.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Heritage area.--The term ``Heritage Area'' means the 
        Appalachian Forest National Heritage Area established by 
        section 4(a).
            (2) Local coordinating entity.--The term ``local 
        coordinating entity'' means the management entity for the 
        Heritage Area designated by section 4(d)(1).
            (3) Management plan.--The term ``management plan'' means 
        the management plan for the Heritage Area developed under 
        section 5(a).
            (4) Map.--The term ``map'' means the map entitled 
        ``Appalachian Forest National Heritage Area'', numbered T07/
        80,000, and dated October 2007.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (6) State.--The term ``State'' means each of the States 
        of--
                    (A) Maryland; and
                    (B) West Virginia.

SEC. 4. APPALACHIAN FOREST NATIONAL HERITAGE AREA.

    (a) Establishment.--There is established the Appalachian Forest 
National Heritage Area.
    (b) Boundaries.--The Heritage Area shall include--
            (1) the Barbour, Braxton, Grant, Greenbrier, Hampshire, 
        Hardy, Mineral, Morgan, Nicholas, Pendleton, Pocahontas, 
        Preston, Randolph, Tucker, Upshur, and Webster Counties of the 
        State of West Virginia; and
            (2) the Allegany and Garrett Counties of the State of 
        Maryland.
    (c) Availability of Map.--A map of the Heritage Area shall be on 
file and available for public inspection in the appropriate offices 
of--
            (1) the National Park Service; and
            (2) the local coordinating entity.
    (d) Local Coordinating Entity.--The Appalachian Forest Heritage 
Area, Inc., shall--
            (1) serve as the local coordinating entity for the Heritage 
        Area;
            (2) oversee the development of a management plan under 
        section 5(a); and
            (3) be governed by a board of directors that shall--
                    (A) include members from a geographic balance 
                across the counties described in subsection (b) and the 
                States;
                    (B) be composed of not fewer than 7, and not more 
                than 15, members elected by the membership of the local 
                coordinating entity;
                    (C) be selected to represent a balanced group of 
                diverse interests, including--
                            (i) the forest industry;
                            (ii) environmental interests;
                            (iii) cultural heritage interests;
                            (iv) tourism interests; and
                            (v) regional agency partners;
                    (D) exercise all corporate powers of the local 
                coordinating entity;
                    (E) manage the activities and affairs of the local 
                coordinating entity; and
                    (F) subject to any limitations in the articles and 
                bylaws of the local coordinating entity, this section, 
                and any other applicable Federal or State law, 
                establish the policies of the local coordinating 
                entity.

SEC. 5. MANAGEMENT PLAN.

    (a) In General.--Not later than 3 years after the date on which 
funds are first made available to carry out this Act, the local 
coordinating entity shall develop and submit to the Secretary for 
approval a management plan for the Heritage Area.
    (b) Requirements.--The management plan shall--
            (1) present comprehensive policies, goals, strategies, and 
        recommendations for--
                    (A) presenting to the citizens of the United States 
                the heritage of the region; and
                    (B) encouraging the long-term resource 
                conservation, enhancement, interpretation, funding, 
                management, and development of the Heritage Area;
            (2) take into consideration and coordinate Federal, State, 
        and local plans to present a unified historic preservation and 
        interpretation plan;
            (3) involve residents, public agencies, and private 
        organizations of the Heritage Area;
            (4) describe actions that units of government, private 
        organizations, and citizens recommend for the conservation, 
        enhancement, interpretation, funding, management, and 
        development of the resources of the Heritage Area;
            (5) identify--
                    (A) existing and potential sources of Federal and 
                non-Federal funding for the conservation, enhancement, 
                interpretation, funding, management, and development of 
                the resources of the Heritage Area; and
                    (B) economic development strategies for the 
                conservation, enhancement, interpretation, funding, 
                management, and development of the resources of the 
                Heritage Area;
            (6) include--
                    (A) an inventory of the cultural, natural, 
                historical, educational, scenic, and recreational 
                resources contained in the Heritage Area, including a 
                list of property that--
                            (i) is related to the themes of the 
                        Heritage Area; and
                            (ii) should be conserved, enhanced, 
                        managed, or developed;
                    (B) a recommendation of policies and strategies for 
                resource management and protection, including the 
                development of intergovernmental cooperative agreements 
                to manage and conserve the cultural, natural, 
                historical, educational, scenic, and recreational 
                resources of the Heritage Area;
                    (C) a program of strategies and actions to 
                implement the management plan that includes--
                            (i) performance goals;
                            (ii) resource conservation plans;
                            (iii) enhancement strategies;
                            (iv) interpretation strategies; and
                            (v) specific commitments for implementation 
                        that have been made by the local coordinating 
                        entity or any government, organization, 
                        business, or individual;
                    (D) an analysis of, and recommendations for, means 
                by which Federal, State, and local programs may best be 
                coordinated to further the purposes of this Act, 
                including an analysis of the role of the National Park 
                Service and other Federal agencies associated with the 
                Heritage Area;
                    (E) a business plan that--
                            (i) describes the role, operation, 
                        financing, and functions of--
                                    (I) the local coordinating entity; 
                                and
                                    (II) each of the major activities 
                                included in the management plan; and
                            (ii) provides adequate assurances that the 
                        local coordinating entity has the partnerships 
                        and financial and other resources necessary to 
                        implement the management plan; and
                    (F) an interpretive plan for the Heritage Area; and
            (7) list any revisions to the boundaries of the Heritage 
        Area proposed by the local coordinating entity and requested by 
        the affected local government.
    (c) Deadline; Termination of Funding.--
            (1) Deadline.--Not later than 3 years after the date on 
        which funds are made available under section 11(a), the local 
        coordinating entity shall submit the management plan to the 
        Secretary for approval.
            (2) Termination of funding.--If the management plan is not 
        submitted to the Secretary in accordance with this section, the 
        Secretary shall not provide to the local coordinating entity 
        any additional financial assistance under this Act until the 
        management plan is submitted to and approved by the Secretary 
        under subsection (d)(1).
    (d) Approval of Management Plan.--
            (1) Review.--Not later than 180 days after the date of 
        receipt of the management plan under subsection (c)(1), the 
        Secretary shall review and approve or disapprove the management 
        plan.
            (2) Criteria.--In determining whether to approve the 
        management plan, the Secretary shall consider whether--
                    (A) the management plan meets all requirements 
                described in subsection (b); and
                    (B) the local coordinating entity has afforded 
                adequate opportunity, including public hearings, for 
                public and governmental involvement in the preparation 
                of the management plan.
    (e) Action Following Disapproval.--If the Secretary disapproves the 
management plan under subsection (d)(1), the Secretary shall--
            (1) advise the local coordinating entity in writing of the 
        reasons for the disapproval;
            (2) make recommendations for revisions to the management 
        plan; and
            (3) not later than 180 days after the date of receipt of a 
        proposed revision to the management plan, approve or disapprove 
        the proposed revision.
    (f) Amendments.--
            (1) In general.--The Secretary shall review and approve or 
        disapprove each amendment to the management plan that the 
        Secretary determines may substantially alter the purposes of 
        the Heritage Area.
            (2) Use of funds.--Funds made available under this Act 
        shall not be expended by the local coordinating entity to 
        implement an amendment described in paragraph (1) until the 
        Secretary approves the amendment.
    (g) Effect of Inaction.--If the Secretary does not approve or 
disapprove a management plan, revision, or change within 180 days after 
it is submitted to the Secretary, then the management plan, revision, 
or change shall be deemed to have been approved by the Secretary.

SEC. 6. AUTHORITIES, DUTIES, AND PROHIBITION OF THE LOCAL COORDINATING 
              ENTITY.

    (a) Authorities.--To prepare and carry out the management plan, the 
local coordinating entity may use funds made available under this Act 
to--
            (1) make grants to--
                    (A) political jurisdictions;
                    (B) nonprofit organizations; and
                    (C) other parties located in the Heritage Area;
            (2) enter into cooperative agreements with, or provide 
        technical assistance to--
                    (A) political jurisdictions;
                    (B) nonprofit organizations;
                    (C) Federal agencies; and
                    (D) other interested parties;
            (3) hire and compensate staff who have demonstrated 
        expertise in the fields of--
                    (A) cultural, natural, and historical resources 
                conservation;
                    (B) economic and community development;
                    (C) forestry planning; or
                    (D) heritage planning;
            (4) obtain funds from any source (including a program that 
        has a cost-sharing requirement);
            (5) contract for goods or services; and
            (6) support activities of partners, and any other 
        activities, that--
                    (A) further the purposes of the Heritage Area; and
                    (B) are consistent with the management plan 
                approved under section 5(d)(1).
    (b) Duties.--In addition to developing the management plan, the 
local coordinating entity shall--
            (1) for any fiscal year for which Federal funds have been 
        received by the local coordinating entity under this Act--
                    (A) submit an annual report to the Secretary that 
                describes--
                            (i) the specific performance goals and 
                        accomplishments of the local coordinating 
                        entity;
                            (ii) the expenses and income of the local 
                        coordinating entity;
                            (iii) the amounts and sources of matching 
                        funds;
                            (iv) the amounts leveraged with Federal 
                        funds and the sources of the leveraging; and
                            (v) any grants made to any other entities 
                        during the fiscal year; and
                    (B) make available for audit by Congress, the 
                Secretary, and appropriate units of government, all 
                records pertaining to the expenditure of the funds and 
                any matching funds; and
            (2) encourage, by appropriate means and consistent with the 
        purposes of the Heritage Area, the economic viability of the 
        Heritage Area.
    (c) Prohibition on the Acquisition of Real Property.--The local 
coordinating entity shall not use Federal funds made available under 
this Act to acquire real property or any interest in real property.

SEC. 7. AUTHORITIES AND DUTIES OF THE SECRETARY.

    (a) Technical and Financial Assistance.--On request of the local 
coordinating entity, the Secretary may provide technical and financial 
assistance, on a reimbursable or nonreimbursable basis, to the local 
coordinating entity for--
            (1) the development and implementation of the management 
        plan; and
            (2) other initiatives of the local coordinating entity.
    (b) Cooperative Agreements.--
            (1) In general.--To carry out this Act, the Secretary may 
        enter into cooperative agreements with the local coordinating 
        entity and other public and private entities to provide 
        assistance under subsection (a).
            (2) Requirements.--The cooperative agreement under 
        paragraph (1) shall, at a minimum--
                    (A) establish the goals and objectives of the 
                Heritage Area; and
                    (B) include--
                            (i) a proposal relating to the conservation 
                        and interpretation of the Heritage Area; and
                            (ii) a general outline describing each 
                        measure agreed to by the Secretary and the 
                        local coordinating entity.

SEC. 8. RELATIONSHIP TO OTHER FEDERAL AGENCIES.

    (a) In General.--This Act shall not affect the authority of any 
Federal official to provide technical or financial assistance under any 
other law.
    (b) Consultation and Coordination.--The head of any Federal agency 
planning to conduct an activity that may have an impact on the Heritage 
Area shall, to the maximum extent practicable--
            (1) consult with the Secretary and the local coordinating 
        entity regarding the activity; and
            (2) coordinate the activity with the Secretary and the 
        local coordinating entity.
    (c) Effect on Other Federal Agencies.--Nothing in this Act--
            (1) modifies, alters, or amends any law (including a 
        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. PROPERTY OWNERS AND REGULATORY PROTECTIONS.

    Nothing in this Act shall be construed to--
            (1) abridge the rights of any property owner, whether 
        public or private, including the right to refrain from 
        participating in any plan, project, program, or activity 
        conducted within the Heritage Area;
            (2) require any property owner to permit public access 
        (including Federal, Tribal, State, or local government access) 
        to such property or to modify any provisions of Federal, 
        Tribal, State, or local law with regard to public access or use 
        of private lands;
            (3) alter any duly adopted land use regulation or any 
        approved land use plan or any other regulatory authority of any 
        Federal, State, or local agency or Tribal government, or to 
        convey any land use or other regulatory authority to any local 
        coordinating entity;
            (4) authorize or imply the reservation or appropriation of 
        water or water rights;
            (5) diminish the authority of the State to manage fish and 
        wildlife including the regulation of fishing and hunting within 
        the Heritage Area;
            (6) create any liability, or to have any effect on any 
        liability under any other law, of any private property owner 
        with respect to any persons injured on such private property; 
        or
            (7) abridge, or authorize the Secretary or the local 
        coordinating entity to abridge, valid rights to timber 
        harvesting.

SEC. 10. EVALUATION.

    (a) In General.--Not later than 3 years before the date on which 
authority for Federal funding terminates for the Heritage Area, the 
Secretary shall conduct an evaluation of the accomplishments of the 
Heritage Area and prepare a report with recommendations for the 
National Park Service's future role, if any, with respect to the 
Heritage Area.
    (b) Evaluation Components.--An evaluation prepared under subsection 
(a) 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, 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 for purposes of 
        identifying the critical components for sustainability of the 
        Heritage Area.
    (c) Recommendations.--Based upon the evaluation under subsection 
(a), the Secretary shall prepare a report with recommendations for the 
National Park Service's future role, if any, with respect to the 
Heritage Area.
    (d) Submission to Congress.--On completion of a report under 
subsection (c), the Secretary shall submit the report to--
            (1) the Committee on Energy and Natural Resources of the 
        Senate; and
            (2) the Committee on Natural Resources of the House of 
        Representatives.

SEC. 11. FUNDING.

    (a) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this Act $10,000,000, of which not more than 
$1,000,000 may be authorized to be appropriated for any fiscal year.
    (b) Matching Funds.--
            (1) In general.--As a condition of receiving assistance 
        under subsection (a), the local coordinating entity shall match 
        any amounts provided to the local coordinating entity under 
        this Act.
            (2) Forms of payment.--To meet the matching requirement 
        described in paragraph (1), the local coordinating entity shall 
        provide to the Secretary payments that--
                    (A) shall be derived from non-Federal sources; and
                    (B) may be in-kind contributions of goods or 
                services.

SEC. 12. TERMINATION OF AUTHORITY.

    (a) In General.--Subject to subsection (b), the authority of the 
Secretary to provide financial assistance under this Act terminates on 
the date that is 15 years after the date of enactment of this Act.
    (b) Exception.--The termination of authority of the Secretary under 
subsection (a) shall not affect the authority of the Secretary to 
provide to the local coordinating entity technical assistance and 
administrative oversight.
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