[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.
____________________