[Congressional Record Volume 164, Number 106 (Monday, June 25, 2018)]
[House]
[Pages H5604-H5607]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           MOUNTAINS TO SOUND GREENWAY NATIONAL HERITAGE ACT

  Mr. BISHOP of Utah. Mr. Speaker, I move to suspend the rules and pass 
the bill (H.R. 1791) to establish the Mountains to Sound Greenway 
National Heritage Area in the State of Washington, and for other 
purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 1791

       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;

[[Page H5605]]

       (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 five 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,

[[Page H5606]]

     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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Utah (Mr. Bishop) and the gentleman from Maryland (Mr. Brown) each will 
control 20 minutes.
  The Chair recognizes the gentleman from Utah.


                             General Leave

  Mr. BISHOP of Utah. Mr. Speaker, I ask unanimous consent that all 
Members may have 5 legislative days to revise and extend their remarks 
and include extraneous materials on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Utah?
  There was no objection.
  Mr. BISHOP of Utah. Mr. Speaker, I yield such time as he may consume 
to the gentleman from Washington (Mr. Reichert), who is the sponsor of 
this piece of legislation, who is establishing a heritage area, and who 
is doing it the right way.
  Mr. REICHERT. Mr. Speaker, I want to thank the chairman, the ranking 
member, and the entire committee, for that matter, for their support of 
this legislation that is so critical and important for the State of 
Washington, especially those people who live in the Eighth District of 
Washington State.
  I am especially thankful for Mr. Bishop's cooperation and for his 
advice on language to be added to the bill to make it that much better, 
especially as it relates to protecting the property rights of 
individuals within the designated heritage area.
  Mr. Speaker, I am proud to speak today in support of H.R. 1791, the 
Mountains to Sound Greenway National Heritage Act. This is a bipartisan 
bill that--it may have been stated--was favorably reported out of the 
House Natural Resources Committee earlier this month. This legislation 
will designate the Mountains to Sound Greenway in Washington State as a 
national heritage area.
  This greenway spans 1.5 million acres, tracing along Interstate 90, 
which crosses the country. It crosses the crest of the Cascade 
Mountains to Ellensburg, Washington, which is in the central part of 
the State. It is a spectacular landscape that encompasses a vibrant mix 
of small towns, working farms, lush forests, and rugged mountains, 
alongside one of the largest and fastest growing metropolitan areas in 
the county--and in the State, for that matter.
  Efforts to protect this area and its amazing views have made this a 
popular local, national, and international tourist destination where 
people go to hunt, fish, camp, hike, and bike. Using collaboration, 
negotiation, and compromise, the Mountains to Sound Greenway Trust and 
its public-private membership have maintained a vibrant and diverse 
economy, while conserving the environment and protecting private 
property rights.
  In considering the future of the greenway, the trust conducted 
extensive public meetings. There were 145 meetings held, with comments 
from over 1,000 individuals. In those discussions, the conclusion was 
reached that the greenway was a special place deserving of national 
recognition. My bill does just that by designating the greenway as a 
national heritage area.
  National recognition of this landscape's unique historical and 
natural value will promote coordination, encourage local engagement, 
and draw visitors to small towns, supporting economic growth.
  Based on the feedback we have received over the years, I have 
strengthened my legislation to include important protections needed to 
protect individual rights, property rights of private owners and Tribal 
communities. We are also concerned about their rights. They were also 
involved in this process in protecting their rights of their Indian 
Nation.
  This is what my bill does not do:
  It does not force private property owners to participate in any 
activity or provide public access;
  It does not affect land use planning;
  It does not alter, modify, or extinguish treaty rights, affect water 
rights, or limit the authority of the State to manage fish and 
wildlife, including hunting and fishing regulations.
  The result is a balanced bill that enjoys broad public support. I am 
proud to say the support continues to grow. Over 6,000, and counting, 
elected officials, agencies, businesses, and organizations support the 
Mountains to Sound Greenway National Heritage Area.
  I would like to thank my colleague from Washington State (Mr. Smith), 
whom I have worked with over the years to get this bill to where it is 
today, and it has been years.
  I would also like to thank former Senator Slade Gorton, Council 
member Reagan Dunn, and the Mountains to Sound Greenway Coalition, who 
have been longtime supporters of the greenway, for their tireless 
efforts to make this a reality.
  In addition, I thank, again, Chairman Bishop, Ranking Member 
Grijalva, and their committee staff for their help in bringing this 
important piece of legislation through the committee and to the floor.
  Mr. Speaker, I urge my colleagues to join me in supporting this 
legislation.
  Mr. BROWN of Maryland. Mr. Speaker, I am happy to support this bill. 
I urge my colleagues to support its adoption.
  Mr. Speaker, I yield such time as he may consume to the gentleman 
from Washington (Mr. Smith).

                              {time}  1630

  Mr. SMITH of Washington. Mr. Speaker, I am very pleased to rise in 
support of the Mountains to Sound Greenway National Heritage Area 
designation.
  This is a project that has been completely collaborative throughout 
the region. I think it is a great example of how to get things done. It 
was various government officials working with the private sector, all 
with the same goal, and that is to preserve open spaces in the Puget 
Sound area.
  This is a very difficult thing to do. We are growing rapidly, 
businesses are

[[Page H5607]]

popping up all over the place, and that is great. But the other thing 
about the Pacific Northwest that everybody loves is the ability to get 
outdoors and fish, hunt, hike, and basically enjoy the beauty of the 
Pacific Northwest. This group came together to make sure that we can 
preserve that, even in the face of such massive growth.
  It wasn't done by government fiat. It was done by working together 
with private landowners, tribes, and all of the interested stakeholders 
to say: ``We have a mutual interest in preserving open spaces for the 
better enjoyment of all of us in our community,'' and that is how the 
Mountains to Sound Greenway was born.
  This is an incredibly successful collaborative effort. I am pleased 
to have the Federal Government put its stamp on it as a national 
heritage area. It definitely deserves that. It will help the process 
moving forward as they continue to make sure that they preserve these 
open spaces for the enjoyment of all people in the Puget Sound region.
  I also want to particularly thank Congressman Reichert for his 
leadership on this issue. He has been working on it for a number of 
years, and it has been a true bipartisan effort. People ask me all the 
time, basically: ``Don't you guys work together on anything?'' 
referring to Democrats and Republicans in general, not to Dave and me 
specifically.
  I have been pleased to work with Dave for, I guess, 14 years now that 
he has been in Congress--I worked with him before when he was the King 
County sheriff--and it has been a great working relationship. Whenever 
people ask me that question, I am very pleased to know that, right next 
door, I have got Congressman Reichert. I say: Well, Dave and I work on 
a whole bunch of different things. We have over the years, and this is 
certainly one of the most important in his final year in Congress. I 
think it is very appropriate that we get this to the finish line, pass 
it into law, and get it signed by the President.
  Again, this is a fine example of what we can do when we work together 
with all interested parties coming together for a mutual benefit. 
Maintaining open spaces in the Puget Sound region is incredibly 
important. It is not easy. This project is a reflection of how you can 
get that done, and I am pleased to support this legislation.
  Again, I want to thank Congressman Reichert for his leadership and 
partnership. It was great working together with him on this and other 
issues in the interest of our community in the Puget Sound region.
  Mr. BISHOP of Utah. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, it is often the situation where heritage areas that were 
originally established to try to allow local people to have some 
mechanism in which they can get together to actually advertise their 
particular area are usually for tourism interests or historical 
preservation interests. It kind of devolved, unfortunately, through 
time, to an issue in which people simply found a way of using the 
Federal Government as the deep pocket to keep getting more money all 
the time back to those particular areas, even though it was supposed to 
be a one-time situation. Then we found that other heritage areas found 
a way in which special interest groups got control of these areas and 
were starting to dictate to local government entities.
  Each of those problems that have been a significant problem in other 
heritage areas was eliminated by Mr. Reichert in his particular piece 
of legislation. That is why I said he did it the right way, with the 
right instincts, with the right purposes, the right illustration, 
especially with the emphasis on protecting private property rights and 
Native American rights.
  So this is one of the few heritage areas that I am happy to support, 
because it is organized the proper way to solve problems, not just try 
to find a cheap and easy way to get more money back into the area. So 
he is commended for his integrity and the way he has orchestrated that.
  Mr. Speaker, I reserve the balance of my time.
  Mr. BROWN of Maryland. Mr. Speaker, I yield back the balance of my 
time.
  Mr. BISHOP of Utah. Mr. Speaker, I urge the adoption of this piece of 
legislation, and I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Utah (Mr. Bishop) that the House suspend the rules and 
pass the bill, H.R. 1791, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________