[Congressional Record Volume 153, Number 144 (Wednesday, September 26, 2007)]
[Senate]
[Pages S12147-S12148]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DORGAN (for himself and Mr. Conrad):
  S. 2098. A bill to establish the Northern Plains Heritage Area in the 
State of North Dakota; to the Committee on Energy and Natural 
Resources.
  Mr. DORGAN. Mr. President, today I am pleased to be joined by Senator 
Conrad to introduce legislation called the Northern Plains Heritage 
Area Act. This legislation would designate a core area of historically 
significant resources in Burleigh, McLean, Mercer, Morton and Oliver 
counties in North Dakota.
  This National Heritage Area extends nearly the entire length of the 
last of the free-flowing Missouri River in North Dakota, the last place 
the river can be seen as it was seen by Lewis and Clark and the 
ancestors of today's Mandan and Hidatsa tribes.
  But what makes this area a particularly good fit for a National 
Heritage Area designation is the distinction arising from the patterns 
of human activity shaped by geography. This is the northern extremity 
of Native agriculture on the Great Plains.
  The scenic breaks of North Dakota's Missouri Valley overlook a rich 
agricultural tradition stretching back a thousand years. Along the 
length of the State's remaining free-flowing Missouri River, from Huff 
National Landmark on the south to the Knife River Indian Villages 
National Historic Site on the north, the Northern Plains Heritage Area 
would encompass the ancient homeland of the Mandan and Hidatsa nations.
  While farming methods have changed, the agricultural traditions and 
the scenic, cultural and historic values remain. The same attributes of 
geography and climate that attracted the Mandan and Hidatsa later 
appealed to homesteading farmers and ranchers and the energy industry, 
all of whom benefited from the natural resources of the land.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2098

       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 ``Northern Plains Heritage 
     Area Act''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Heritage area.--The term ``Heritage Area'' means the 
     Northern Plains Heritage Area established by section 3(a).
       (2) Management entity.--The term ``management entity'' 
     means the management entity for the Heritage Area designated 
     by section 3(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 
     ``Proposed Northern Plains National Heritage Area''.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (6) State.--The term ``State'' means the State of North 
     Dakota.

     SEC. 3. ESTABLISHMENT.

       (a) In General.--There is established in the State the 
     Northern Plains National Heritage Area.
       (b) Boundaries.--The Heritage Area shall consist of--
       (1) a core area of resources in Burleigh, McLean, Mercer, 
     Morton, and Oliver Counties in the State; and
       (2) any sites, buildings, and districts within the core 
     area recommended by the management plan for inclusion in the 
     Heritage Area.
       (c) Map.--A map of the Heritage Area shall be--
       (1) included in the management plan; and
       (2) on file and available for public inspection in the 
     appropriate offices of the National Park Service.
       (d) Management Entity.--The management entity for the 
     Heritage Area shall be the Northern Plains Heritage 
     Foundation, a nonprofit corporation established under the 
     laws of the State.

     SEC. 4. ADMINISTRATION.

       (a) In General.--For purposes of carrying out the 
     management plan, the Secretary, acting through the management 
     entity, may use amounts made available under this Act to--
       (1) make grants to the State or a political subdivision of 
     the State, nonprofit organizations, and other persons;
       (2) enter into cooperative agreements with, or provide 
     technical assistance to, the State or a political subdivision 
     of the State, nonprofit organizations, and other interested 
     parties;
       (3) hire and compensate staff, including individuals with 
     expertise in natural, cultural, and historical resources 
     protection and heritage programming;
       (4) obtain money or services from any source, including 
     under any other Federal law or program;
       (5) contract for goods or services; and
       (6) carry out any other activity that--
       (A) furthers the purposes of the Heritage Area; and
       (B) is consistent with the approved management plan.
       (b) Duties.--The management entity shall--
       (1) in accordance with section 5, prepare and submit a 
     management plan for the Heritage Area to the Secretary;
       (2) give priority to implementing actions covered by the 
     management plan, including assisting units of local 
     government, regional planning organizations, and nonprofit 
     organizations 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;
       (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 the themes of 
     the Heritage Area;
       (F) ensuring that clear, consistent, and appropriate 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 
     Heritage Area;
       (3) consider the interests of diverse units of government, 
     businesses, organizations, nonprofit groups, 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) for any year for which Federal funds have been received 
     under this Act--
       (A) submit an annual report to the Secretary that describes 
     the activities, expenses, and income of the management 
     entity, including any grants to any other entities;
       (B) make available to the Secretary for audit all records 
     relating to the expenditure of the Federal funds and any 
     matching funds; and
       (C) require, with respect to all agreements authorizing the 
     expenditure of Federal funds by other organizations, that the 
     organizations receiving the Federal funds make available to 
     the Secretary for audit all records concerning the 
     expenditure of the funds; and
       (6) encourage by appropriate means economic viability that 
     is consistent with the Heritage Area.
       (c) Prohibition on the Acquisition of Real Property.--The 
     management entity shall not use Federal funds made available 
     under this Act to acquire real property or any interest in 
     real property.
       (d) Cost-Sharing Requirement.--The Federal share of the 
     cost of any activity carried out using any Federal funds made 
     available under this Act shall be 50 percent.
       (e) Other Sources.--Nothing in this Act precludes the 
     management entity from using Federal funds form other sources 
     for authorized purposes.

     SEC. 5. MANAGEMENT PLAN.

       (a) In General.--Not later than 3 years after the date of 
     enactment of this Act, the management 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, and recreational 
     resources of the Heritage Area;
       (2) take into consideration State and local plans;
       (3) include--
       (A) an inventory of--
       (i) the resources located in the core area described in 
     section 3(b)(1); and
       (ii) any other property in the core area that--

       (I) is related to the themes of the Heritage Area; and
       (II) should be preserved, restored, managed, or maintained 
     because of the significance of the property;

       (B) comprehensive policies, strategies and recommendations 
     for the conservation, funding, management, and development of 
     the Heritage Area;
       (C) 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;
       (D) a program of implementation for the management plan by 
     the management entity that includes a description of--
       (i) actions to facilitate ongoing collaboration among 
     partners to promote plans for resource protection, 
     restoration, and construction; and

[[Page S12148]]

       (ii) specific commitments for implementation that have been 
     made by the management entity or any government, 
     organization, or individual for the first 5 years of 
     operation of the Heritage Area;
       (E) the identification of sources of funding for carrying 
     out the management plan;
       (F) analysis and recommendations for means by which 
     Federal, State, and local programs may best be coordinated to 
     carry out this Act, including recommendations for the role of 
     the National Park Service in the Heritage Area; and
       (G) an interpretive plan for the Heritage Area; and
       (4) recommend policies and strategies for resource 
     management that consider and describe the application of 
     appropriate land and water management techniques, including 
     the development of intergovernmental and interagency 
     cooperative agreements to protect the natural, historical, 
     cultural, educational, scenic, and recreational resources of 
     the Heritage Area.
       (c) Deadline.--If a proposed management plan is not 
     submitted to the Secretary by the date that is 3 years after 
     the date of enactment of this Act, the management entity 
     shall be ineligible to receive additional funding under this 
     Act until the date on which the Secretary approves a 
     management plan.
       (d) Approval or Disapproval of Management Plan.--
       (1) In general.--Not later than 180 days after the date of 
     receipt of the management plan under subsection (a), the 
     Secretary, in consultation with the State, 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 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; and
       (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.
       (3) Action following disapproval.--If the Secretary 
     disapproves the management plan under paragraph (1), the 
     Secretary shall--
       (A) advise the management entity in writing of the reasons 
     for the disapproval;
       (B) make recommendations for revisions to the management 
     plan; and
       (C) not later than 180 days after the receipt of any 
     proposed revision of the management plan from the management 
     entity, approve or disapprove the proposed revision.
       (4) Amendments.--
       (A) In general.--The Secretary shall approve or disapprove 
     each amendment to the management plan that the Secretary 
     determines would make a substantial change to the management 
     plan.
       (B) Use of funds.--The management entity shall not use 
     Federal funds authorized by this Act to carry out any 
     amendments to the management plan until the Secretary has 
     approved the amendments.

     SEC. 6. 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) Technical and Financial Assistance.--
       (1) In general.--On the request of the management entity, 
     the Secretary may provide financial assistance and, on a 
     reimbursable or nonreimbursable basis, technical assistance 
     to the management entity to develop and implement the 
     management plan.
       (2) Cooperative agreements.--The Secretary may enter into 
     cooperative agreements with the management entity and other 
     public or private entities to provide technical or financial 
     assistance under paragraph (1).
       (3) Priority.--In assisting the Heritage Area, the 
     Secretary shall give priority to actions that assist in--
       (A) conserving the significant natural, historic, cultural, 
     and scenic resources of the Heritage Area; and
       (B) providing educational, interpretive, and recreational 
     opportunities consistent with the purposes of the Heritage 
     Area.
       (c) Consultation and Coordination.--To the maximum extent 
     practicable, the head of 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 Secretary and the management entity.
       (d) Other Federal Agencies.--Nothing in this Act--
       (1) modifies or alters any laws (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. 7. PRIVATE PROPERTY AND REGULATORY PROTECTIONS.

       Nothing in this Act--
       (1) abridges 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) requires any property owner to--
       (A) permit public access (including access by Federal, 
     State, or local agencies) to the property of the property 
     owner; or
       (B) modify public access to, or use of, the property of the 
     property owner under any other Federal, State, or local law;
       (3) alters any land use regulation, approved land use plan, 
     or other regulatory authority of any Federal, State, or local 
     agency;
       (4) conveys any land use or other regulatory authority to 
     the management entity;
       (5) authorizes or implies the reservation or appropriation 
     of water or water rights;
       (6) diminishes the authority of the State to manage fish 
     and wildlife, including the regulation of fishing and hunting 
     within the Heritage Area; or
       (7) creates any liability, or affects any liability under 
     any other law, of any private property owner with respect to 
     any person injured on the private property.

     SEC. 8. EVALUATION; REPORT.

       (a) In General.--Not later than 3 years before the date on 
     which authority for Federal funding terminates for the 
     Heritage Area under section 10, 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 management entity with 
     respect to--
       (A) accomplishing the purposes of this Act 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) Report.--
       (1) In general.--Based on the evaluation conducted under 
     subsection (a)(1), the Secretary shall prepare a report that 
     includes recommendations for the future role of the National 
     Park Service, if any, with respect to the Heritage Area.
       (2) Required analysis.--If the report prepared under 
     paragraph (1) recommends that Federal funding for the 
     Heritage Area be reauthorized, the report shall include an 
     analysis of--
       (A) ways in which Federal funding for the Heritage Area may 
     be reduced or eliminated; and
       (B) the appropriate time period necessary to achieve the 
     recommended reduction or elimination.
       (3) Submission to congress.--On completion of the report, 
     the Secretary shall submit the report to--
       (A) the Committee on Energy and Natural Resources of the 
     Senate; and
       (B) the Committee on Natural Resources of the House of 
     Representatives.

     SEC. 9. 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 
     made available for any fiscal year.

     SEC. 10. TERMINATION OF AUTHORITY.

       The authority of the Secretary to provide assistance under 
     this Act terminates on the date that is 15 years after the 
     date of enactment of this Act.
                                 ______