[Congressional Record (Bound Edition), Volume 150 (2004), Part 14]
[Senate]
[Pages 18596-18598]
[From the U.S. Government Publishing Office, www.gpo.gov]




                 ATCHAFALAYA NATIONAL HERITAGE AREA ACT

  The Senate proceeded to consider the bill (S. 323) to establish the 
Atchafalaya National Heritage Area, Louisiana, which had been reported 
from the Committee on Energy and Natural Resources, with an amendment 
to strike all after the enacting clause and insert in lieu thereof the 
following:

       (Strike the part shown in black brackets and insert the 
     part shown in italic.)

                                 S. 323

       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 ``Atchafalaya National 
     Heritage Area Act''.

     [SEC. 2. FINDINGS.

       [Congress finds that--
       [(1) the Atchafalaya Basin area of Louisiana, designated by 
     the Louisiana Legislature as the ``Atchafalaya Trace State 
     Heritage Area'' and consisting of the area described in 
     section 5(b), is an area in which natural, scenic, cultural, 
     and historic resources form a cohesive and nationally 
     distinctive landscape arising from patterns of human activity 
     shaped by geography;
       [(2) the significance of the area is enhanced by the 
     continued use of the area by people whose traditions have 
     helped shape the landscape;
       [(3) there is a national interest in protecting, 
     conserving, restoring, promoting, and interpreting the 
     benefits of the area for the residents of, and visitors to, 
     the area;
       [(4) the area represents an assemblage of rich and varied 
     resources forming a unique aspect of the heritage of the 
     United States;
       [(5) the area reflects a complex mixture of people and 
     their origins, traditions, customs, beliefs, and folkways of 
     interest to the public;
       [(6) the land and water of the area offer outstanding 
     recreational opportunities, educational experiences, and 
     potential for interpretation and scientific research; and
       [(7) local governments of the area support the 
     establishment of a national heritage area.

     [SEC. 3. PURPOSES.

       [The purposes of this Act are--
       [(1) to protect, preserve, conserve, restore, promote, and 
     interpret the significant resource values and functions of 
     the Atchafalaya Basin area and advance sustainable economic 
     development of the area;
       [(2) to foster a close working relationship with all levels 
     of government, the private sector, and the local communities 
     in the area so as to enable those communities to conserve 
     their heritage while continuing to pursue economic 
     opportunities; and
       [(3) to establish, in partnership with the State, local 
     communities, preservation organizations, private 
     corporations, and landowners in the Heritage Area, the 
     Atchafalaya Trace State Heritage Area, as designated by the 
     Louisiana Legislature, as the Atchafalaya National Heritage 
     Area.

     [SEC. 4. DEFINITIONS.

       [In this Act:
       [(1) Heritage area.--The term ``Heritage Area'' means the 
     Atchafalaya National Heritage Area established by section 
     5(a).
       [(2) Local coordinating entity.--The term ``local 
     coordinating entity'' means the local coordinating entity for 
     the Heritage Area designated by section 5(c).
       [(3) Management plan.--The term ``management plan'' means 
     the management plan for the Heritage Area developed under 
     section 7.
       [(4) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       [(5) State.--The term ``State'' means the State of 
     Louisiana.

     [SEC. 5. ATCHAFALAYA NATIONAL HERITAGE AREA.

       [(a) Establishment.--There is established in the State the 
     Atchafalaya National Heritage Area.
       [(b) Boundaries.--The Heritage Area shall consist of the 
     whole of the following parishes in the State: St. Mary, 
     Iberia, St. Martin, St. Landry, Avoyelles, Pointe Coupee, 
     Iberville, Assumption, Terrebonne, Lafayette, West Baton 
     Rouge, Concordia, and East Baton Rouge.
       [(c) Local Coordinating Entity.--
       [(1) In general.--The Atchafalaya Trace Commission shall be 
     the local coordinating entity for the Heritage Area.
       [(2) Composition.--The local coordinating entity shall be 
     composed of 13 members appointed by the governing authority 
     of each parish within the Heritage Area.

     [SEC. 6. AUTHORITIES AND DUTIES OF THE LOCAL COORDINATING 
                   ENTITY.

       [(a) Authorities.--For the purposes of developing and 
     implementing the management plan and otherwise carrying out 
     this Act, the local coordinating entity may--
       [(1) make grants to, and enter into cooperative agreements 
     with, the State, units of local government, and private 
     organizations;
       [(2) hire and compensate staff; and
       [(3) enter into contracts for goods and services.
       [(b) Duties.--The local coordinating entity shall--
       [(1) submit to the Secretary for approval a management 
     plan;
       [(2) implement the management plan, including providing 
     assistance to units of government and others in--
       [(A) carrying out programs that recognize important 
     resource values within the Heritage Area;
       [(B) encouraging sustainable economic development within 
     the Heritage Area;
       [(C) establishing and maintaining interpretive sites within 
     the Heritage Area; and
       [(D) increasing public awareness of, and appreciation for 
     the natural, historic, and cultural resources of, the 
     Heritage Area;
       [(3) adopt bylaws governing the conduct of the local 
     coordinating entity; and
       [(4) for any year for which Federal funds are received 
     under this Act, submit to the Secretary a report that 
     describes, for the year--
       [(A) the accomplishments of the local coordinating entity; 
     and
       [(B) the expenses and income of the local coordinating 
     entity.
       [(c) Acquisition of Real Property.--The local coordinating 
     entity shall not use Federal funds received under this Act to 
     acquire real property or an interest in real property.
       [(d) Public Meetings.--The local coordinating entity shall 
     conduct public meetings at least quarterly.

     [SEC. 7. MANAGEMENT PLAN.

       [(a) In General.--The local coordinating entity shall 
     develop a management plan for the Heritage Area that 
     incorporates an integrated and cooperative approach to 
     protect, interpret, and enhance the natural, scenic, 
     cultural, historic, and recreational resources of the 
     Heritage Area.
       [(b) Consideration of Other Plans and Actions.--In 
     developing the management plan, the local coordinating entity 
     shall--
       [(1) take into consideration State and local plans; and
       [(2) invite the participation of residents, public 
     agencies, and private organizations in the Heritage Area.
       [(c) Contents.--The management plan shall include--
       [(1) an inventory of the resources in the Heritage Area, 
     including--
       [(A) a list of property in the Heritage Area that--
       [(i) relates to the purposes of the Heritage Area; and
       [(ii) should be preserved, restored, managed, or maintained 
     because of the significance of the property; and
       [(B) an assessment of cultural landscapes within the 
     Heritage Area;
       [(2) provisions for the protection, interpretation, and 
     enjoyment of the resources of the Heritage Area consistent 
     with this Act;
       [(3) an interpretation plan for the Heritage Area; and
       [(4) a program for implementation of the management plan 
     that includes--

[[Page 18597]]

       [(A) actions to be carried out by units of government, 
     private organizations, and public-private partnerships to 
     protect the resources of the Heritage Area; and
       [(B) the identification of existing and potential sources 
     of funding for implementing the plan.
       [(d) Submission to Secretary for Approval.--
       [(1) In general.--Not later than 3 years after the date of 
     enactment of this Act, the local coordinating entity shall 
     submit the management plan to the Secretary for approval.
       [(2) Effect of failure to submit.--If a management plan is 
     not submitted to the Secretary by the date specified in 
     paragraph (1), the Secretary shall not provide any additional 
     funding under this Act until a management plan for the 
     Heritage Area is submitted to the Secretary.
       [(e) Approval.--
       [(1) In general.--Not later than 90 days after receiving 
     the management plan submitted under subsection (d)(1), the 
     Secretary, in consultation with the State, shall approve or 
     disapprove the management plan.
       [(2) Action following disapproval.--
       [(A) In general.--If the Secretary disapproves a management 
     plan under paragraph (1), the Secretary shall--
       [(i) advise the local coordinating entity in writing of the 
     reasons for the disapproval;
       [(ii) make recommendations for revisions to the management 
     plan; and
       [(iii) allow the local coordinating entity to submit to the 
     Secretary revisions to the management plan.
       [(B) Deadline for approval of revision.--Not later than 90 
     days after the date on which a revision is submitted under 
     subparagraph (A)(iii), the Secretary shall approve or 
     disapprove the revision.
       [(f) Revision.--
       [(1) In general.--After approval by the Secretary of a 
     management plan, the local coordinating entity shall 
     periodically--
       [(A) review the management plan; and
       [(B) submit to the Secretary, for review and approval by 
     the Secretary, the recommendations of the local coordinating 
     entity for any revisions to the management plan that the 
     local coordinating entity considers to be appropriate.
       [(2) Expenditure of funds.--No funds made available under 
     this Act shall be used to implement any revision proposed by 
     the local coordinating entity under paragraph (1)(B) until 
     the Secretary approves the revision.

     [SEC. 8. EFFECT OF ACT.

       [Nothing in this Act or in establishment of the Heritage 
     Area--
       [(1) grants any Federal agency regulatory authority over 
     any interest in the Heritage Area, unless cooperatively 
     agreed on by all involved parties;
       [(2) modifies, enlarges, or diminishes any authority of the 
     Federal Government or a State or local government to regulate 
     any use of land as provided for by law (including 
     regulations) in existence on the date of enactment of this 
     Act;
       [(3) grants any power of zoning or land use to the local 
     coordinating entity;
       [(4) imposes any environmental, occupational, safety, or 
     other rule, standard, or permitting process that is different 
     from those in effect on the date of enactment of this Act 
     that would be applicable had the Heritage Area not been 
     established;
       [(5)(A) imposes any change in Federal environmental quality 
     standards; or
       [(B) authorizes designation of any portion of the Heritage 
     Area that is subject to part C of title I of the Clean Air 
     Act (42 U.S.C. 7470 et seq.) as class 1 for the purposes of 
     that part solely by reason of the establishment of the 
     Heritage Area;
       [(6) authorizes any Federal or State agency to impose more 
     restrictive water use designations, or water quality 
     standards on uses of or discharges to, waters of the United 
     States or waters of the State within or adjacent to the 
     Heritage Area solely by reason of the establishment of the 
     Heritage Area;
       [(7) abridges, restricts, or alters any applicable rule, 
     standard, or review procedure for permitting of facilities 
     within or adjacent to the Heritage Area; or
       [(8) affects the continuing use and operation, where 
     located on the date of enactment of this Act, of any public 
     utility or common carrier.

     [SEC. 9. REPORTS.

       [For any year in which Federal funds have been made 
     available under this Act, the local coordinating entity shall 
     submit to the Secretary a report that describes--
       [(1) the accomplishments of the local coordinating entity; 
     and
       [(2) the expenses and income of the local coordinating 
     entity.

     [SEC. 10. 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 shall be 
     made available for any fiscal year.

     [SEC. 11. TERMINATION OF AUTHORITY.

       [The Secretary shall not provide any assistance under this 
     Act after September 30, 2017.]

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Atchafalaya National 
     Heritage Area Act''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Heritage area.--The term ``Heritage Area'' means the 
     Atchafalaya National Heritage Area established by section 
     3(a).
       (2) Local coordinating entity.--The term ``local 
     coordinating entity'' means the local coordinating entity for 
     the Heritage Area designated by section 3(c).
       (3) Management plan.--The term ``management plan'' means 
     the management plan for the Heritage Area developed under 
     section 5.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (5) State.--The term ``State'' means the State of 
     Louisiana.

     SEC. 3. ATCHAFALAYA NATIONAL HERITAGE AREA.

       (a) Establishment.--There is established in the State the 
     Atchafalaya National Heritage Area.
       (b) Boundaries.--The Heritage Area shall consist of the 
     whole of the following parishes in the State: St. Mary, 
     Iberia, St. Martin, St. Landry, Avoyelles, Pointe Coupee, 
     Iberville, Assumption, Terrebonne, Lafayette, West Baton 
     Rouge, Concordia, and East Baton Rouge.
       (c) Local Coordinating Entity.--
       (1) In general.--The Atchafalaya Trace Commission shall be 
     the local coordinating entity for the Heritage Area.
       (2) Composition.--The local coordinating entity shall be 
     composed of 13 members appointed by the governing authority 
     of each parish within the Heritage Area.

     SEC. 4. AUTHORITIES AND DUTIES OF THE LOCAL COORDINATING 
                   ENTITY.

       (a) Authorities.--For the purposes of developing and 
     implementing the management plan and otherwise carrying out 
     this Act, the local coordinating entity may--
       (1) make grants to, and enter into cooperative agreements 
     with, the State, units of local government, and private 
     organizations;
       (2) hire and compensate staff; and
       (3) enter into contracts for goods and services.
       (b) Duties.--The local coordinating entity shall--
       (1) submit to the Secretary for approval a management plan;
       (2) implement the management plan, including providing 
     assistance to units of government and others in--
       (A) carrying out programs that recognize important resource 
     values within the Heritage Area;
       (B) encouraging sustainable economic development within the 
     Heritage Area;
       (C) establishing and maintaining interpretive sites within 
     the Heritage Area; and
       (D) increasing public awareness of, and appreciation for 
     the natural, historic, and cultural resources of, the 
     Heritage Area;
       (3) adopt bylaws governing the conduct of the local 
     coordinating entity; and
       (4) for any year for which Federal funds are received under 
     this Act, submit to the Secretary a report that describes, 
     for the year--
       (A) the accomplishments of the local coordinating entity; 
     and
       (B) the expenses and income of the local coordinating 
     entity.
       (c) Acquisition of Real Property.--The local coordinating 
     entity shall not use Federal funds received under this Act to 
     acquire real property or an interest in real property.
       (d) Public Meetings.--The local coordinating entity shall 
     conduct public meetings at least quarterly.

     SEC. 5. MANAGEMENT PLAN.

       (a) In General.--The local coordinating entity shall 
     develop a management plan for the Heritage Area that 
     incorporates an integrated and cooperative approach to 
     protect, interpret, and enhance the natural, scenic, 
     cultural, historic, and recreational resources of the 
     Heritage Area.
       (b) Consideration of Other Plans and Actions.--In 
     developing the management plan, the local coordinating entity 
     shall--
       (1) take into consideration State and local plans; and
       (2) invite the participation of residents, public agencies, 
     and private organizations in the Heritage Area.
       (c) Contents.--The management plan shall include--
       (1) an inventory of the resources in the Heritage Area, 
     including--
       (A) a list of property in the Heritage Area that--
       (i) relates to the purposes of the Heritage Area; and
       (ii) should be preserved, restored, managed, or maintained 
     because of the significance of the property; and
       (B) an assessment of cultural landscapes within the 
     Heritage Area;
       (2) provisions for the protection, interpretation, and 
     enjoyment of the resources of the Heritage Area consistent 
     with this Act;
       (3) an interpretation plan for the Heritage Area; and
       (4) a program for implementation of the management plan 
     that includes--
       (A) actions to be carried out by units of government, 
     private organizations, and public-private partnerships to 
     protect the resources of the Heritage Area; and
       (B) the identification of existing and potential sources of 
     funding for implementing the plan.
       (d) Submission to Secretary for Approval.--
       (1) In general.--Not later than 3 years after the date of 
     enactment of this Act, the local coordinating entity shall 
     submit the management plan to the Secretary for approval.
       (2) Effect of failure to submit.--If a management plan is 
     not submitted to the Secretary

[[Page 18598]]

     by the date specified in paragraph (1), the Secretary shall 
     not provide any additional funding under this Act until a 
     management plan for the Heritage Area is submitted to the 
     Secretary.
       (e) Approval.--
       (1) In general.--Not later than 90 days after receiving the 
     management plan submitted under subsection (d)(1), the 
     Secretary, in consultation with the State, shall approve or 
     disapprove the management plan.
       (2) Action following disapproval.--
       (A) In general.--If the Secretary disapproves a management 
     plan under paragraph (1), the Secretary shall--
       (i) advise the local coordinating entity in writing of the 
     reasons for the disapproval;
       (ii) make recommendations for revisions to the management 
     plan; and
       (iii) allow the local coordinating entity to submit to the 
     Secretary revisions to the management plan.
       (B) Deadline for approval of revision.--Not later than 90 
     days after the date on which a revision is submitted under 
     subparagraph (A)(iii), the Secretary shall approve or 
     disapprove the revision.
       (f) Revision.--
       (1) In general.--After approval by the Secretary of a 
     management plan, the local coordinating entity shall 
     periodically--
       (A) review the management plan; and
       (B) submit to the Secretary, for review and approval by the 
     Secretary, the recommendations of the local coordinating 
     entity for any revisions to the management plan that the 
     local coordinating entity considers to be appropriate.
       (2) Expenditure of funds.--No funds made available under 
     this Act shall be used to implement any revision proposed by 
     the local coordinating entity under paragraph (1)(B) until 
     the Secretary approves the revision.

     SEC. 6. EFFECT OF ACT.

       Nothing in this Act or in establishment of the Heritage 
     Area--
       (1) grants any Federal agency regulatory authority over any 
     interest in the Heritage Area, unless cooperatively agreed on 
     by all involved parties;
       (2) modifies, enlarges, or diminishes any authority of the 
     Federal Government or a State or local government to regulate 
     any use of land as provided for by law (including 
     regulations) in existence on the date of enactment of this 
     Act;
       (3) grants any power of zoning or land use to the local 
     coordinating entity;
       (4) imposes any environmental, occupational, safety, or 
     other rule, standard, or permitting process that is different 
     from those in effect on the date of enactment of this Act 
     that would be applicable had the Heritage Area not been 
     established;
       (5)(A) imposes any change in Federal environmental quality 
     standards; or
       (B) authorizes designation of any portion of the Heritage 
     Area that is subject to part C of title I of the Clean Air 
     Act (42 U.S.C. 7470 et seq.) as class 1 for the purposes of 
     that part solely by reason of the establishment of the 
     Heritage Area;
       (6) authorizes any Federal or State agency to impose more 
     restrictive water use designations, or water quality 
     standards on uses of or discharges to, waters of the United 
     States or waters of the State within or adjacent to the 
     Heritage Area solely by reason of the establishment of the 
     Heritage Area;
       (7) abridges, restricts, or alters any applicable rule, 
     standard, or review procedure for permitting of facilities 
     within or adjacent to the Heritage Area; or
       (8) affects the continuing use and operation, where located 
     on the date of enactment of this Act, of any public utility 
     or common carrier.

     SEC. 7. REPORTS.

       For any year in which Federal funds have been made 
     available under this Act, the local coordinating entity shall 
     submit to the Secretary a report that describes--
       (1) the accomplishments of the local coordinating entity; 
     and
       (2) the expenses and income of the local coordinating 
     entity.

     SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There is authorized to be appropriated to 
     carry out this Act $10,000,000, of which not more than 
     $1,000,000 shall be made available for any fiscal year.
       (b) Cost-Sharing Requirement.--The Federal share of the 
     total cost of any activity assisted under this Act shall be 
     not more than 50 percent.

     SEC. 9. TERMINATION OF AUTHORITY.

       The authority of the Secretary to provide assistance to the 
     local coordinating entity under this Act terminates on the 
     date that is 15 years after the date of enactment of this 
     Act.
  The committee amendment in the nature of a substitute was agreed to.
  The bill (S. 323), as amended, was read the third time and passed.

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