[Congressional Record (Bound Edition), Volume 152 (2006), Part 6]
[House]
[Pages 7354-7357]
[From the U.S. Government Publishing Office, www.gpo.gov]




           UPPER HOUSATONIC VALLEY NATIONAL HERITAGE AREA ACT

  Mr. RADANOVICH. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 5311) to establish the Upper Housatonic Valley National 
Heritage Area.
  The Clerk read as follows:

                               H.R. 5311

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Upper Housatonic Valley 
     National Heritage Area Act''.

     SEC. 2. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds the following:
       (1) The upper Housatonic Valley, encompassing 29 towns in 
     the hilly terrain of western Massachusetts and northwestern 
     Connecticut, is a singular geographical and cultural region 
     that has made significant national contributions through its 
     literary, artistic, musical, and architectural achievements, 
     its iron, paper, and electrical equipment industries, and its 
     scenic beautification and environmental conservation efforts.
       (2) The upper Housatonic Valley has 139 properties and 
     historic districts listed on the National Register of 
     Historic Places, including--
       (A) five National Historic Landmarks--
       (i) Edith Wharton's home, The Mount, Lenox, Massachusetts;
       (ii) Herman Melville's home, Arrowhead, Pittsfield, 
     Massachusetts;
       (iii) W.E.B. DuBois' Boyhood Homesite, Great Barrington, 
     Massachusetts;
       (iv) Mission House, Stockbridge, Massachusetts; and
       (v) Crane and Company Old Stone Mill Rag Room, Dalton, 
     Massachusetts; and
       (B) four National Natural Landmarks--
       (i) Bartholomew's Cobble, Sheffield, Massachusetts, and 
     Salisbury, Connecticut;
       (ii) Beckley Bog, Norfolk, Connecticut;
       (iii) Bingham Bog, Salisbury, Connecticut; and
       (iv) Cathedral Pines, Cornwall, Connecticut.
       (3) Writers, artists, musicians, and vacationers have 
     visited the region for more than 150 years to enjoy its 
     scenic wonders, making it one of the country's leading 
     cultural resorts.
       (4) The upper Housatonic Valley has made significant 
     national cultural contributions through such writers as 
     Herman Melville, Nathaniel Hawthorne, Edith Wharton, and 
     W.E.B. DuBois, artists Daniel Chester French and Norman 
     Rockwell, and the performing arts centers of Tanglewood, 
     Music Mountain, Norfolk (Connecticut) Chamber Music Festival, 
     Jacob's Pillow, and Shakespeare & Company.
       (5) The upper Housatonic Valley is noted for its pioneering 
     achievements in the iron, paper, and electrical generation 
     industries and has cultural resources to interpret those 
     industries.
       (6) The region became a national leader in scenic 
     beautification and environmental conservation efforts 
     following the era of industrialization and deforestation and 
     maintains a fabric of significant conservation areas 
     including the meandering Housatonic River.
       (7) Important historical events related to the American 
     Revolution, Shays' Rebellion, and early civil rights took 
     place in the upper Housatonic Valley.
       (8) The region had an American Indian presence going back 
     10,000 years and Mohicans had a formative role in contact 
     with Europeans during the seventeenth and eighteenth 
     centuries.
       (9) The Upper Housatonic Valley National Heritage Area has 
     been proposed in order to heighten appreciation of the 
     region, preserve its natural and historical resources, and 
     improve the quality of life and economy of the area.
       (b) Purposes.--The purposes of this Act are as follows:
       (1) To establish the Upper Housatonic Valley National 
     Heritage Area in the State of Connecticut and the 
     Commonwealth of Massachusetts.
       (2) To implement the national heritage area alternative as 
     described in the document entitled ``Upper Housatonic Valley 
     National Heritage Area Feasibility Study, 2003''.
       (3) To provide a management framework to foster a close 
     working relationship with all levels of government, the 
     private sector, and the local communities in the upper 
     Housatonic Valley region to conserve the region's heritage 
     while continuing to pursue compatible economic opportunities.
       (4) To assist communities, organizations, and citizens in 
     the State of Connecticut and the Commonwealth of 
     Massachusetts in identifying, preserving, interpreting, and 
     developing the historical, cultural, scenic, and natural 
     resources of the region for the educational and inspirational 
     benefit of current and future generations.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Heritage area.--The term ``Heritage Area'' means the 
     Upper Housatonic Valley National Heritage Area, established 
     in section 4.
       (2) Management entity.--The term ``Management Entity'' 
     means the management entity for the Heritage Area designated 
     by section 4(d).
       (3) Management plan.--The term ``Management Plan'' means 
     the management plan for the Heritage Area specified in 
     section 6.
       (4) Map.--The term ``map'' means the map entitled 
     ``Boundary Map Upper Housatonic Valley National Heritage 
     Area'', numbered P17/80,000, and dated February 2003.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (6) State.--The term ``State'' means the State of 
     Connecticut and the Commonwealth of Massachusetts.

     SEC. 4. UPPER HOUSATONIC VALLEY NATIONAL HERITAGE AREA.

       (a) Establishment.--There is established the Upper 
     Housatonic Valley National Heritage Area.
       (b) Boundaries.--The Heritage Area shall be comprised of--
       (1) part of the Housatonic River's watershed, which extends 
     60 miles from Lanesboro, Massachusetts to Kent, Connecticut;
       (2) the towns of Canaan, Colebrook, Cornwall, Kent, 
     Norfolk, North Canaan, Salisbury, Sharon, and Warren in 
     Connecticut; and
       (3) the towns of Alford, Becket, Dalton, Egremont, Great 
     Barrington, Hancock, Hinsdale, Lanesboro, Lee, Lenox, 
     Monterey, Mount Washington, New Marlboro, Pittsfield, 
     Richmond, Sheffield, Stockbridge, Tyringham, Washington, and 
     West Stockbridge in Massachusetts.
       (c) Availability of Map.--The map shall be on file and 
     available for public inspection in the appropriate offices of 
     the National Park Service, Department of the Interior.
       (d) Management Entity.--The Upper Housatonic Valley 
     National Heritage Area, Inc. shall be the management entity 
     for the Heritage Area.

     SEC. 5. AUTHORITIES, PROHIBITIONS, AND DUTIES OF THE 
                   MANAGEMENT ENTITY.

       (a) Duties of the Management Entity.--To further the 
     purposes of the Heritage Area, the management entity shall--
       (1) prepare and submit a management plan for the Heritage 
     Area to the Secretary in accordance with section 6;
       (2) assist units of local government, regional planning 
     organizations, and nonprofit

[[Page 7355]]

     organizations in implementing the approved management plan 
     by--
       (A) carrying out programs and projects that recognize, 
     protect and enhance important resource values within the 
     Heritage Area;
       (B) establishing and maintaining interpretive exhibits and 
     programs within the Heritage Area;
       (C) developing recreational and educational opportunities 
     in the Heritage Area;
       (D) increasing public awareness of and appreciation for 
     natural, historical, scenic, and cultural resources of the 
     Heritage Area;
       (E) protecting and restoring historic sites and buildings 
     in the Heritage Area that are consistent with heritage area 
     themes;
       (F) ensuring that signs identifying points of public access 
     and sites of interest are posted throughout the Heritage 
     Area; and
       (G) promoting a wide range of partnerships among 
     governments, organizations and individuals to further the 
     purposes of the Heritage Area;
       (3) consider the interests of diverse units of government, 
     businesses, organizations and individuals in the Heritage 
     Area in the preparation and implementation of the management 
     plan;
       (4) conduct meetings open to the public at least semi-
     annually regarding the development and implementation of the 
     management plan;
       (5) submit an annual report to the Secretary for any fiscal 
     year in which the management entity receives Federal funds 
     under this Act, setting forth its accomplishments, expenses, 
     and income, including grants to any other entities during the 
     year for which the report is made;
       (6) make available for audit for any fiscal year in which 
     it receives Federal funds under this Act, all information 
     pertaining to the expenditure of such funds and any matching 
     funds, and require in all agreements authorizing expenditures 
     of Federal funds by other organizations, that the receiving 
     organizations make available for such audit all records and 
     other information pertaining to the expenditure of such 
     funds; and
       (7) encourage by appropriate means economic development 
     that is consistent with the purposes of the Heritage Area.
       (b) Authorities.--The management entity may, for the 
     purposes of preparing and implementing the management plan 
     for the Heritage Area, use Federal funds made available 
     through this Act to--
       (1) make grants to the State of Connecticut and the 
     Commonwealth of Massachusetts, their political subdivisions, 
     nonprofit organizations and other persons;
       (2) enter into cooperative agreements with or provide 
     technical assistance to the State of Connecticut and the 
     Commonwealth of Massachusetts, their subdivisions, nonprofit 
     organizations, and other interested parties;
       (3) hire and compensate staff, which shall include 
     individuals with expertise in natural, cultural, and 
     historical resources protection, and heritage programming;
       (4) obtain money or services from any source including any 
     that are provided under any other Federal law or program;
       (5) contract for goods or services; and
       (6) undertake to be a catalyst for any other activity that 
     furthers the purposes of the Heritage Area and is consistent 
     with the approved management plan.
       (c) Prohibitions on the Acquisition of Real Property.--The 
     management entity may not use Federal funds received under 
     this Act to acquire real property, but may use any other 
     source of funding, including other Federal funding outside 
     this authority, intended for the acquisition of real 
     property.

     SEC. 6. MANAGEMENT PLAN.

       (a) In General.--The management plan for the Heritage Area 
     shall--
       (1) include comprehensive policies, strategies and 
     recommendations for conservation, funding, management and 
     development of the Heritage Area;
       (2) take into consideration existing State, county, and 
     local plans in the development of the management plan and its 
     implementation;
       (3) include a description of actions that governments, 
     private organizations, and individuals have agreed to take to 
     protect the natural, historical and cultural resources of the 
     Heritage Area;
       (4) specify the existing and potential sources of funding 
     to protect, manage, and develop the Heritage Area in the 
     first 5 years of implementation;
       (5) include an inventory of the natural, historical, 
     cultural, educational, scenic, and recreational resources of 
     the Heritage Area related to the themes of the Heritage Area 
     that should be preserved, restored, managed, developed, or 
     maintained;
       (6) describe a program of implementation for the management 
     plan including plans for resource protection, restoration, 
     construction, and specific commitments for implementation 
     that have been made by the management entity or any 
     government, organization, or individual for the first 5 years 
     of implementation; and
       (7) include an interpretive plan for the Heritage Area.
       (b) Deadline and Termination of Funding.--
       (1) Deadline.--The management entity shall submit the 
     management plan to the Secretary for approval within 3 years 
     after funds are made available for this Act.
       (2) Termination of funding.--If the management plan is not 
     submitted to the Secretary in accordance with this 
     subsection, the management entity shall not qualify for 
     Federal funding under this Act until such time as the 
     management plan is submitted to the Secretary.

     SEC. 7. DUTIES AND AUTHORITIES OF THE SECRETARY.

       (a) Technical and Financial Assistance.--The Secretary may, 
     upon the request of the management entity, provide technical 
     assistance on a reimbursable or non-reimbursable basis and 
     financial assistance to the Heritage Area to develop and 
     implement the approved management plan. The Secretary is 
     authorized to enter into cooperative agreements with the 
     management entity and other public or private entities for 
     this purpose. In assisting the Heritage Area, the Secretary 
     shall give priority to actions that in general assist in--
       (1) conserving the significant natural, historical, 
     cultural, and scenic resources of the Heritage Area; and
       (2) providing educational, interpretive, and recreational 
     opportunities consistent with the purposes of the Heritage 
     Area.
       (b) Approval and Disapproval of Management Plan.--
       (1) In general.--The Secretary shall approve or disapprove 
     the management plan not later than 90 days after receiving 
     the management plan.
       (2) Criteria for approval.--In determining the approval of 
     the management plan, the Secretary shall consider whether--
       (A) the management entity is representative of the diverse 
     interests of the Heritage Area, including governments, 
     natural and historic resource protection organizations, 
     educational institutions, businesses, and recreational 
     organizations;
       (B) the management entity has afforded adequate 
     opportunity, including public hearings, for public and 
     governmental involvement in the preparation of the management 
     plan;
       (C) the resource protection and interpretation strategies 
     contained in the management plan, if implemented, would 
     adequately protect the natural, historical, and cultural 
     resources of the Heritage Area; and
       (D) the management plan is supported by the appropriate 
     State and local officials whose cooperation is needed to 
     ensure the effective implementation of the State and local 
     aspects of the management plan.
       (3) Action following disapproval.--If the Secretary 
     disapproves the management plan, the Secretary shall advise 
     the management entity in writing of the reasons therefore and 
     shall make recommendations for revisions to the management 
     plan. The Secretary shall approve or disapprove a proposed 
     revision within 60 days after the date it is submitted.
       (4) Approval of amendments.--Substantial amendments to the 
     management plan shall be reviewed by the Secretary and 
     approved in the same manner as provided for the original 
     management plan. The management entity shall not use Federal 
     funds authorized by this Act to implement any amendments 
     until the Secretary has approved the amendments.

     SEC. 8. DUTIES OF OTHER FEDERAL AGENCIES.

       Any Federal agency conducting or supporting activities 
     directly affecting the Heritage Area shall--
       (1) consult with the Secretary and the management entity 
     with respect to such activities;
       (2) cooperate with the Secretary and the management entity 
     in carrying out their duties under this Act and, to the 
     maximum extent practicable, coordinate such activities with 
     the carrying out of such duties; and
       (3) to the maximum extent practicable, conduct or support 
     such activities in a manner which the management entity 
     determines will not have an adverse effect on the Heritage 
     Area.

     SEC. 9. REQUIREMENTS FOR INCLUSION OF PRIVATE PROPERTY.

       (a) Notification and Consent of Property Owners Required.--
     No privately owned property shall be preserved, conserved, or 
     promoted by the management plan for the Heritage Area until 
     the owner of that private property has been notified in 
     writing by the management entity and has given written 
     consent for such preservation, conservation, or promotion to 
     the management entity.
       (b) Landowner Withdraw.--Any owner of private property 
     included within the boundary of the Heritage Area shall have 
     their property immediately removed from the boundary by 
     submitting a written request to the management entity.

     SEC. 10. PRIVATE PROPERTY PROTECTION.

       (a) Access to Private Property.--Nothing in this Act shall 
     be construed to--
       (1) require any private property owner to allow public 
     access (including Federal, State, or local government access) 
     to such private property; or
       (2) modify any provision of Federal, State, or local law 
     with regard to public access to or use of private property.
       (b) Liability.--Designation of the Heritage Area shall not 
     be considered to create any liability, or to have any effect 
     on any liability

[[Page 7356]]

     under any other law, of any private property owner with 
     respect to any persons injured on such private property.
       (c) Recognition of Authority to Control Land Use.--Nothing 
     in this Act shall be construed to modify the authority of 
     Federal, State, or local governments to regulate land use.
       (d) Participation of Private Property Owners in Heritage 
     Area.--Nothing in this Act shall be construed to require the 
     owner of any private property located within the boundaries 
     of the Heritage Area to participate in or be associated with 
     the Heritage Area.
       (e) Effect of Establishment.--The boundaries designated for 
     the Heritage Area represent the area within which Federal 
     funds appropriated for the purpose of this Act may be 
     expended. The establishment of the Heritage Area and its 
     boundaries shall not be construed to provide any nonexisting 
     regulatory authority on land use within the Heritage Area or 
     its viewshed by the Secretary, the National Park Service, or 
     the management entity.

     SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There is authorized to be appropriated for 
     the purposes of this Act not more than $1,000,000 for any 
     fiscal year. Not more than a total of $10,000,000 may be 
     appropriated for the Heritage Area under this Act.
       (b) Matching Funds.--Federal funding provided under this 
     Act may not exceed 50 percent of the total cost of any 
     assistance or grant provided or authorized under this Act.

     SEC. 12. SUNSET.

       The authority of the Secretary to provide assistance under 
     this Act shall terminate on the day occurring 15 years after 
     the date of the enactment of this Act.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
California (Mr. Radanovich) and the gentlewoman from the Virgin Islands 
(Mrs. Christensen) each will control 20 minutes.
  The Chair recognizes the gentleman from California.


                             General Leave

  Mr. RADANOVICH. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days to revise and extend their remarks and 
include extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from California?
  There was no objection.
  Mr. RADANOVICH. Mr. Speaker, I yield myself as much time as I may 
consume.
  Mr. Speaker, H.R. 5311 is introduced by Mrs. Johnson of Connecticut 
and would establish the Upper Housatonic Valley National Heritage Area 
in Connecticut and Massachusetts. The valley is recognized for its 
cultural achievements through such authors as Herman Melville, 
Nathaniel Hawthorne and W.E.B. DuBois, and was the site of countless 
significant events in American history. Proponents of the bill hope to 
preserve, recognize, and enhance the area's contributions in 
literature, art, music, architecture, iron, paper, and its electrical 
equipment industries.
  I would note that the text of the bill passed this House in the 108th 
Congress and in the previous session of the 109th Congress. I urge 
adoption of the bill.
  Mr. Speaker, I reserve the balance of my time.
  Mrs. CHRISTENSEN. Mr. Speaker, I yield myself such time as I may 
consume.
  The majority has described the variety of historic and natural 
resources that will be preserved and interpreted in the proposed 
National Heritage Area, and we do not oppose this legislation.
  We would note, however, that the majority's approach to heritage area 
legislation has been widely inconsistent. The Republican leadership has 
gone from opposing heritage areas to approving them in large packages 
to now approving some of the same ones over again as stand-alone bills.
  This inconsistency is particularly frustrating to those of us, like 
myself, with heritage area proposals of our own which have been caught 
up in this needless legislative red tape and sometimes for several 
years and several Congresses. It is my hope that once we have approved 
H.R. 5311, the majority will provide all remaining meritorious heritage 
area proposals similar consideration.
  Mr. Speaker, I yield back the balance of my time.
  Mr. RADANOVICH. Mr. Speaker, I yield 4 minutes to the gentlewoman 
from Connecticut (Mrs. Johnson).
  Mrs. JOHNSON of Connecticut. Mr. Speaker, I thank the gentleman from 
California for recognizing me on this bill to designate the Upper 
Housatonic Valley National Heritage Area. This area encompasses 29 
towns in the hilly terrain of western Massachusetts and northwestern 
Connecticut which is a singular and important geographic and cultural 
area. And my colleague, Mr. Olver, while he may be here before we 
finish debate, has worked closely with me on this as it links our two 
districts together.
  Its residents, over hundreds of years, have made significant national 
contributions to American literature, art, music and architecture, 
founded the iron industry in America, and host unique minerals and 
environmental treasures. This area has been awaiting designation for 
several years, and I am thrilled to have it on the floor today.
  I would like to thank Chairman Pombo and the Resources Committee for 
recognizing that through this locally led initiative, the States of 
Connecticut and Massachusetts will be able to make real progress in 
protecting the river and the river valley, its heritage and also 
collaborating regionally to develop the economy in harmony with its 
history, environmental resources, and unique cultural heritage.

                              {time}  1430

  The Heritage designation enjoys overwhelming support throughout the 
region from individuals. Historic and civic organizations, local 
businesses, and local and State elected officials all have expressed 
strong support for the establishment of the National Heritage Area, and 
are enthusiastic about the potential that designation creates for the 
small towns of the area to work together to celebrate and preserve our 
heritage.
  It has inspired the development of a local organization that has 
already begun hosting hiking events, historic visits and numerous 
educational programs, laying a new foundation for regional action for 
both preservation and economic development.
  Congress established criteria in 2000 clarifying that designation 
requires a cultural, natural and historical heritage of national 
significance and must have broad public support and a qualified 
organization to manage the area. The National Park Service agreed that 
the Upper Housatonic Valley meets the Department's 10 criteria for 
designation and even cite it as a national model of how to become a 
National Heritage Area.
  The Upper Housatonic Valley National Heritage Area will extend from 
Lanesboro, Massachusetts, 60 miles south to Kent, Connecticut. This 
region of New England is home to the Nation's first industrial iron 
sites from 1730 to the 1920s. The first blast furnace was built here in 
1762 by Ethan Allen and supplied the iron for the cannons that helped 
George Washington's Army defeat the British in Boston and to make other 
weapons for the soldiers of the Revolutionary War.
  While many of the furnaces, mine sites and charcoal pits have been 
lost to development and time, those that remain are in need of 
refurbishment. The Beckley Furnace in Canaan, Connecticut, was 
designated as an official project by the Millennium Committee to Save 
America's Treasures and now has been well restored.
  The valley's history as a cultural retreat from Boston and New York 
provides both past and current riches for the country. Since the 1930s, 
visitors from all over have come to hear music at Tanglewood, 
Massachusetts and Music Mountain in Falls Village, Connecticut; to see 
paintings at the Norman Rockwell Museum and at the Eric Sloane Museum 
and to watch serious theater at Stockbridge, Massachusetts, and 
Norfolk, Connecticut. Today's local authors have drawn on a long 
tradition going back to the 19th century when Herman Melville, 
Nathaniel Hawthorne and Edith Wharton lived and wrote in these hills.
  The Housatonic Valley is also rich with environmental and 
recreational treasures. On the Housatonic River just below Falls 
Village, Connecticut,

[[Page 7357]]

is one of the prize fly fishing centers in the northeast and is enjoyed 
by fishermen not only from Connecticut and Massachusetts, but the 
entire eastern seaboard.
  Olympic rowers have trained on this river as our children have 
learned to swim, boat, fish and value its ecosystem. The Appalachian 
Trail winds through this area, as do the trails on Canaan Mountain and 
in the Great Mountain Forest.
  The Upper Housatonic Valley with its remoteness from, but ties to, 
large cities occupies a special niche in our national culture, and I 
encourage my colleagues to support this legislation. I thank the 
gentleman from California.
  Mr. RADANOVICH. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Bishop of Utah). The question is on the 
motion offered by the gentleman from California (Mr. Radanovich) that 
the House suspend the rules and pass the bill, H.R. 5311.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

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