[Congressional Record Volume 152, Number 55 (Tuesday, May 9, 2006)]
[House]
[Pages H2189-H2191]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
UPPER HOUSATONIC VALLEY NATIONAL HERITAGE AREA ACT
Mr. RADANOVICH. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 5311) to establish the Upper Housatonic Valley National
Heritage Area.
The Clerk read as follows:
H.R. 5311
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 ``Upper Housatonic Valley
National Heritage Area Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) The upper Housatonic Valley, encompassing 29 towns in
the hilly terrain of western Massachusetts and northwestern
Connecticut, is a singular geographical and cultural region
that has made significant national contributions through its
literary, artistic, musical, and architectural achievements,
its iron, paper, and electrical equipment industries, and its
scenic beautification and environmental conservation efforts.
(2) The upper Housatonic Valley has 139 properties and
historic districts listed on the National Register of
Historic Places, including--
(A) five National Historic Landmarks--
(i) Edith Wharton's home, The Mount, Lenox, Massachusetts;
(ii) Herman Melville's home, Arrowhead, Pittsfield,
Massachusetts;
(iii) W.E.B. DuBois' Boyhood Homesite, Great Barrington,
Massachusetts;
(iv) Mission House, Stockbridge, Massachusetts; and
(v) Crane and Company Old Stone Mill Rag Room, Dalton,
Massachusetts; and
(B) four National Natural Landmarks--
(i) Bartholomew's Cobble, Sheffield, Massachusetts, and
Salisbury, Connecticut;
(ii) Beckley Bog, Norfolk, Connecticut;
(iii) Bingham Bog, Salisbury, Connecticut; and
(iv) Cathedral Pines, Cornwall, Connecticut.
(3) Writers, artists, musicians, and vacationers have
visited the region for more than 150 years to enjoy its
scenic wonders, making it one of the country's leading
cultural resorts.
(4) The upper Housatonic Valley has made significant
national cultural contributions through such writers as
Herman Melville, Nathaniel Hawthorne, Edith Wharton, and
W.E.B. DuBois, artists Daniel Chester French and Norman
Rockwell, and the performing arts centers of Tanglewood,
Music Mountain, Norfolk (Connecticut) Chamber Music Festival,
Jacob's Pillow, and Shakespeare & Company.
(5) The upper Housatonic Valley is noted for its pioneering
achievements in the iron, paper, and electrical generation
industries and has cultural resources to interpret those
industries.
(6) The region became a national leader in scenic
beautification and environmental conservation efforts
following the era of industrialization and deforestation and
maintains a fabric of significant conservation areas
including the meandering Housatonic River.
(7) Important historical events related to the American
Revolution, Shays' Rebellion, and early civil rights took
place in the upper Housatonic Valley.
(8) The region had an American Indian presence going back
10,000 years and Mohicans had a formative role in contact
with Europeans during the seventeenth and eighteenth
centuries.
(9) The Upper Housatonic Valley National Heritage Area has
been proposed in order to heighten appreciation of the
region, preserve its natural and historical resources, and
improve the quality of life and economy of the area.
(b) Purposes.--The purposes of this Act are as follows:
(1) To establish the Upper Housatonic Valley National
Heritage Area in the State of Connecticut and the
Commonwealth of Massachusetts.
(2) To implement the national heritage area alternative as
described in the document entitled ``Upper Housatonic Valley
National Heritage Area Feasibility Study, 2003''.
(3) To provide a management framework to foster a close
working relationship with all levels of government, the
private sector, and the local communities in the upper
Housatonic Valley region to conserve the region's heritage
while continuing to pursue compatible economic opportunities.
(4) To assist communities, organizations, and citizens in
the State of Connecticut and the Commonwealth of
Massachusetts in identifying, preserving, interpreting, and
developing the historical, cultural, scenic, and natural
resources of the region for the educational and inspirational
benefit of current and future generations.
SEC. 3. DEFINITIONS.
In this Act:
(1) Heritage area.--The term ``Heritage Area'' means the
Upper Housatonic Valley National Heritage Area, established
in section 4.
(2) Management entity.--The term ``Management Entity''
means the management entity for the Heritage Area designated
by section 4(d).
(3) Management plan.--The term ``Management Plan'' means
the management plan for the Heritage Area specified in
section 6.
(4) Map.--The term ``map'' means the map entitled
``Boundary Map Upper Housatonic Valley National Heritage
Area'', numbered P17/80,000, and dated February 2003.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) State.--The term ``State'' means the State of
Connecticut and the Commonwealth of Massachusetts.
SEC. 4. UPPER HOUSATONIC VALLEY NATIONAL HERITAGE AREA.
(a) Establishment.--There is established the Upper
Housatonic Valley National Heritage Area.
(b) Boundaries.--The Heritage Area shall be comprised of--
(1) part of the Housatonic River's watershed, which extends
60 miles from Lanesboro, Massachusetts to Kent, Connecticut;
(2) the towns of Canaan, Colebrook, Cornwall, Kent,
Norfolk, North Canaan, Salisbury, Sharon, and Warren in
Connecticut; and
(3) the towns of Alford, Becket, Dalton, Egremont, Great
Barrington, Hancock, Hinsdale, Lanesboro, Lee, Lenox,
Monterey, Mount Washington, New Marlboro, Pittsfield,
Richmond, Sheffield, Stockbridge, Tyringham, Washington, and
West Stockbridge in Massachusetts.
(c) Availability of Map.--The map shall be on file and
available for public inspection in the appropriate offices of
the National Park Service, Department of the Interior.
(d) Management Entity.--The Upper Housatonic Valley
National Heritage Area, Inc. shall be the management entity
for the Heritage Area.
SEC. 5. AUTHORITIES, PROHIBITIONS, AND DUTIES OF THE
MANAGEMENT ENTITY.
(a) Duties of the Management Entity.--To further the
purposes of the Heritage Area, the management entity shall--
(1) prepare and submit a management plan for the Heritage
Area to the Secretary in accordance with section 6;
(2) assist units of local government, regional planning
organizations, and nonprofit organizations in implementing
the approved management plan by--
(A) carrying out programs and projects that recognize,
protect and enhance important resource values within the
Heritage Area;
(B) establishing and maintaining interpretive exhibits and
programs within the Heritage Area;
(C) developing recreational and educational opportunities
in the Heritage Area;
(D) increasing public awareness of and appreciation for
natural, historical, scenic, and cultural resources of the
Heritage Area;
(E) protecting and restoring historic sites and buildings
in the Heritage Area that are consistent with heritage area
themes;
(F) ensuring that signs identifying points of public access
and sites of interest are posted throughout the Heritage
Area; and
(G) promoting a wide range of partnerships among
governments, organizations and individuals to further the
purposes of the Heritage Area;
(3) consider the interests of diverse units of government,
businesses, organizations and individuals in the Heritage
Area in the preparation and implementation of the management
plan;
[[Page H2190]]
(4) conduct meetings open to the public at least semi-
annually regarding the development and implementation of the
management plan;
(5) submit an annual report to the Secretary for any fiscal
year in which the management entity receives Federal funds
under this Act, setting forth its accomplishments, expenses,
and income, including grants to any other entities during the
year for which the report is made;
(6) make available for audit for any fiscal year in which
it receives Federal funds under this Act, all information
pertaining to the expenditure of such funds and any matching
funds, and require in all agreements authorizing expenditures
of Federal funds by other organizations, that the receiving
organizations make available for such audit all records and
other information pertaining to the expenditure of such
funds; and
(7) encourage by appropriate means economic development
that is consistent with the purposes of the Heritage Area.
(b) Authorities.--The management entity may, for the
purposes of preparing and implementing the management plan
for the Heritage Area, use Federal funds made available
through this Act to--
(1) make grants to the State of Connecticut and the
Commonwealth of Massachusetts, their political subdivisions,
nonprofit organizations and other persons;
(2) enter into cooperative agreements with or provide
technical assistance to the State of Connecticut and the
Commonwealth of Massachusetts, their subdivisions, nonprofit
organizations, and other interested parties;
(3) hire and compensate staff, which shall include
individuals with expertise in natural, cultural, and
historical resources protection, and heritage programming;
(4) obtain money or services from any source including any
that are provided under any other Federal law or program;
(5) contract for goods or services; and
(6) undertake to be a catalyst for any other activity that
furthers the purposes of the Heritage Area and is consistent
with the approved management plan.
(c) Prohibitions on the Acquisition of Real Property.--The
management entity may not use Federal funds received under
this Act to acquire real property, but may use any other
source of funding, including other Federal funding outside
this authority, intended for the acquisition of real
property.
SEC. 6. MANAGEMENT PLAN.
(a) In General.--The management plan for the Heritage Area
shall--
(1) include comprehensive policies, strategies and
recommendations for conservation, funding, management and
development of the Heritage Area;
(2) take into consideration existing State, county, and
local plans in the development of the management plan and its
implementation;
(3) include a description of actions that governments,
private organizations, and individuals have agreed to take to
protect the natural, historical and cultural resources of the
Heritage Area;
(4) specify the existing and potential sources of funding
to protect, manage, and develop the Heritage Area in the
first 5 years of implementation;
(5) include an inventory of the natural, historical,
cultural, educational, scenic, and recreational resources of
the Heritage Area related to the themes of the Heritage Area
that should be preserved, restored, managed, developed, or
maintained;
(6) describe a program of implementation for the management
plan including plans for resource protection, restoration,
construction, and specific commitments for implementation
that have been made by the management entity or any
government, organization, or individual for the first 5 years
of implementation; and
(7) include an interpretive plan for the Heritage Area.
(b) Deadline and Termination of Funding.--
(1) Deadline.--The management entity shall submit the
management plan to the Secretary for approval within 3 years
after funds are made available for this Act.
(2) Termination of funding.--If the management plan is not
submitted to the Secretary in accordance with this
subsection, the management entity shall not qualify for
Federal funding under this Act until such time as the
management plan is submitted to the Secretary.
SEC. 7. DUTIES AND AUTHORITIES OF THE SECRETARY.
(a) Technical and Financial Assistance.--The Secretary may,
upon the request of the management entity, provide technical
assistance on a reimbursable or non-reimbursable basis and
financial assistance to the Heritage Area to develop and
implement the approved management plan. The Secretary is
authorized to enter into cooperative agreements with the
management entity and other public or private entities for
this purpose. In assisting the Heritage Area, the Secretary
shall give priority to actions that in general assist in--
(1) conserving the significant natural, historical,
cultural, and scenic resources of the Heritage Area; and
(2) providing educational, interpretive, and recreational
opportunities consistent with the purposes of the Heritage
Area.
(b) Approval and Disapproval of Management Plan.--
(1) In general.--The Secretary shall approve or disapprove
the management plan not later than 90 days after receiving
the management plan.
(2) Criteria for approval.--In determining the approval of
the management plan, the Secretary shall consider whether--
(A) the management entity is representative of the diverse
interests of the Heritage Area, including governments,
natural and historic resource protection organizations,
educational institutions, businesses, and recreational
organizations;
(B) the management entity has afforded adequate
opportunity, including public hearings, for public and
governmental involvement in the preparation of the management
plan;
(C) the resource protection and interpretation strategies
contained in the management plan, if implemented, would
adequately protect the natural, historical, and cultural
resources of the Heritage Area; and
(D) the management plan is supported by the appropriate
State and local officials whose cooperation is needed to
ensure the effective implementation of the State and local
aspects of the management plan.
(3) Action following disapproval.--If the Secretary
disapproves the management plan, the Secretary shall advise
the management entity in writing of the reasons therefore and
shall make recommendations for revisions to the management
plan. The Secretary shall approve or disapprove a proposed
revision within 60 days after the date it is submitted.
(4) Approval of amendments.--Substantial amendments to the
management plan shall be reviewed by the Secretary and
approved in the same manner as provided for the original
management plan. The management entity shall not use Federal
funds authorized by this Act to implement any amendments
until the Secretary has approved the amendments.
SEC. 8. DUTIES OF OTHER FEDERAL AGENCIES.
Any Federal agency conducting or supporting activities
directly affecting the Heritage Area shall--
(1) consult with the Secretary and the management entity
with respect to such activities;
(2) cooperate with the Secretary and the management entity
in carrying out their duties under this Act and, to the
maximum extent practicable, coordinate such activities with
the carrying out of such duties; and
(3) to the maximum extent practicable, conduct or support
such activities in a manner which the management entity
determines will not have an adverse effect on the Heritage
Area.
SEC. 9. REQUIREMENTS FOR INCLUSION OF PRIVATE PROPERTY.
(a) Notification and Consent of Property Owners Required.--
No privately owned property shall be preserved, conserved, or
promoted by the management plan for the Heritage Area until
the owner of that private property has been notified in
writing by the management entity and has given written
consent for such preservation, conservation, or promotion to
the management entity.
(b) Landowner Withdraw.--Any owner of private property
included within the boundary of the Heritage Area shall have
their property immediately removed from the boundary by
submitting a written request to the management entity.
SEC. 10. PRIVATE PROPERTY PROTECTION.
(a) Access to Private Property.--Nothing in this Act shall
be construed to--
(1) require any private property owner to allow public
access (including Federal, State, or local government access)
to such private property; or
(2) modify any provision of Federal, State, or local law
with regard to public access to or use of private property.
(b) Liability.--Designation of the Heritage Area shall not
be considered to 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.
(c) Recognition of Authority to Control Land Use.--Nothing
in this Act shall be construed to modify the authority of
Federal, State, or local governments to regulate land use.
(d) Participation of Private Property Owners in Heritage
Area.--Nothing in this Act shall be construed to require the
owner of any private property located within the boundaries
of the Heritage Area to participate in or be associated with
the Heritage Area.
(e) Effect of Establishment.--The boundaries designated for
the Heritage Area represent the area within which Federal
funds appropriated for the purpose of this Act may be
expended. The establishment of the Heritage Area and its
boundaries shall not be construed to provide any nonexisting
regulatory authority on land use within the Heritage Area or
its viewshed by the Secretary, the National Park Service, or
the management entity.
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated for
the purposes of this Act not more than $1,000,000 for any
fiscal year. Not more than a total of $10,000,000 may be
appropriated for the Heritage Area under this Act.
(b) Matching Funds.--Federal funding provided under this
Act may not exceed 50 percent of the total cost of any
assistance or grant provided or authorized under this Act.
SEC. 12. SUNSET.
The authority of the Secretary to provide assistance under
this Act shall terminate on
[[Page H2191]]
the day occurring 15 years after the date of the enactment of
this Act.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
California (Mr. Radanovich) and the gentlewoman from the Virgin Islands
(Mrs. Christensen) each will control 20 minutes.
The Chair recognizes the gentleman from California.
General Leave
Mr. RADANOVICH. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days to revise and extend their remarks and
include extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.
Mr. RADANOVICH. Mr. Speaker, I yield myself as much time as I may
consume.
Mr. Speaker, H.R. 5311 is introduced by Mrs. Johnson of Connecticut
and would establish the Upper Housatonic Valley National Heritage Area
in Connecticut and Massachusetts. The valley is recognized for its
cultural achievements through such authors as Herman Melville,
Nathaniel Hawthorne and W.E.B. DuBois, and was the site of countless
significant events in American history. Proponents of the bill hope to
preserve, recognize, and enhance the area's contributions in
literature, art, music, architecture, iron, paper, and its electrical
equipment industries.
I would note that the text of the bill passed this House in the 108th
Congress and in the previous session of the 109th Congress. I urge
adoption of the bill.
Mr. Speaker, I reserve the balance of my time.
Mrs. CHRISTENSEN. Mr. Speaker, I yield myself such time as I may
consume.
(Mrs. CHRISTENSEN asked and was given permission to revise and extend
her remarks.)
Mrs. CHRISTENSEN. The majority has described the variety of historic
and natural resources that will be preserved and interpreted in the
proposed National Heritage Area, and we do not oppose this legislation.
We would note, however, that the majority's approach to heritage area
legislation has been widely inconsistent. The Republican leadership has
gone from opposing heritage areas to approving them in large packages
to now approving some of the same ones over again as stand-alone bills.
This inconsistency is particularly frustrating to those of us, like
myself, with heritage area proposals of our own which have been caught
up in this needless legislative red tape and sometimes for several
years and several Congresses. It is my hope that once we have approved
H.R. 5311, the majority will provide all remaining meritorious heritage
area proposals similar consideration.
Mr. Speaker, I yield back the balance of my time.
Mr. RADANOVICH. Mr. Speaker, I yield 4 minutes to the gentlewoman
from Connecticut (Mrs. Johnson).
Mrs. JOHNSON of Connecticut. Mr. Speaker, I thank the gentleman from
California for recognizing me on this bill to designate the Upper
Housatonic Valley National Heritage Area. This area encompasses 29
towns in the hilly terrain of western Massachusetts and northwestern
Connecticut which is a singular and important geographic and cultural
area. And my colleague, Mr. Olver, while he may be here before we
finish debate, has worked closely with me on this as it links our two
districts together.
Its residents, over hundreds of years, have made significant national
contributions to American literature, art, music and architecture,
founded the iron industry in America, and host unique minerals and
environmental treasures. This area has been awaiting designation for
several years, and I am thrilled to have it on the floor today.
I would like to thank Chairman Pombo and the Resources Committee for
recognizing that through this locally led initiative, the States of
Connecticut and Massachusetts will be able to make real progress in
protecting the river and the river valley, its heritage and also
collaborating regionally to develop the economy in harmony with its
history, environmental resources, and unique cultural heritage.
{time} 1430
The Heritage designation enjoys overwhelming support throughout the
region from individuals. Historic and civic organizations, local
businesses, and local and State elected officials all have expressed
strong support for the establishment of the National Heritage Area, and
are enthusiastic about the potential that designation creates for the
small towns of the area to work together to celebrate and preserve our
heritage.
It has inspired the development of a local organization that has
already begun hosting hiking events, historic visits and numerous
educational programs, laying a new foundation for regional action for
both preservation and economic development.
Congress established criteria in 2000 clarifying that designation
requires a cultural, natural and historical heritage of national
significance and must have broad public support and a qualified
organization to manage the area. The National Park Service agreed that
the Upper Housatonic Valley meets the Department's 10 criteria for
designation and even cite it as a national model of how to become a
National Heritage Area.
The Upper Housatonic Valley National Heritage Area will extend from
Lanesboro, Massachusetts, 60 miles south to Kent, Connecticut. This
region of New England is home to the Nation's first industrial iron
sites from 1730 to the 1920s. The first blast furnace was built here in
1762 by Ethan Allen and supplied the iron for the cannons that helped
George Washington's Army defeat the British in Boston and to make other
weapons for the soldiers of the Revolutionary War.
While many of the furnaces, mine sites and charcoal pits have been
lost to development and time, those that remain are in need of
refurbishment. The Beckley Furnace in Canaan, Connecticut, was
designated as an official project by the Millennium Committee to Save
America's Treasures and now has been well restored.
The valley's history as a cultural retreat from Boston and New York
provides both past and current riches for the country. Since the 1930s,
visitors from all over have come to hear music at Tanglewood,
Massachusetts and Music Mountain in Falls Village, Connecticut; to see
paintings at the Norman Rockwell Museum and at the Eric Sloane Museum
and to watch serious theater at Stockbridge, Massachusetts, and
Norfolk, Connecticut. Today's local authors have drawn on a long
tradition going back to the 19th century when Herman Melville,
Nathaniel Hawthorne and Edith Wharton lived and wrote in these hills.
The Housatonic Valley is also rich with environmental and
recreational treasures. On the Housatonic River just below Falls
Village, Connecticut, is one of the prize fly fishing centers in the
northeast and is enjoyed by fishermen not only from Connecticut and
Massachusetts, but the entire eastern seaboard.
Olympic rowers have trained on this river as our children have
learned to swim, boat, fish and value its ecosystem. The Appalachian
Trail winds through this area, as do the trails on Canaan Mountain and
in the Great Mountain Forest.
The Upper Housatonic Valley with its remoteness from, but ties to,
large cities occupies a special niche in our national culture, and I
encourage my colleagues to support this legislation. I thank the
gentleman from California.
Mr. RADANOVICH. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore (Mr. Bishop of Utah). The question is on the
motion offered by the gentleman from California (Mr. Radanovich) that
the House suspend the rules and pass the bill, H.R. 5311.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.
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