[House Report 108-365]
[From the U.S. Government Publishing Office]



108th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    108-365

======================================================================



 
           UPPER HOUSATONIC VALLEY NATIONAL HERITAGE AREA ACT

                                _______
                                

 November 17, 2003.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

  Mr. Pombo, from the Committee on Resources, submitted the following

                              R E P O R T

                        [To accompany H.R. 1798]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 1798) to establish the Upper Housatonic Valley National 
Heritage Area in the State of Connecticut and the Commonwealth 
of Massachusetts, and for other purposes, having considered the 
same, report favorably thereon with an amendment and recommend 
that the bill as amended do pass.
  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

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 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 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 funds are first 
made available for this Act.

                          PURPOSE OF THE BILL

    The purpose of H.R. 1798 is to establish the Upper 
Housatonic Valley National Heritage Area in the State of 
Connecticut and the Commonwealth of Massachusetts, and for 
other purposes.

                  BACKGROUND AND NEED FOR LEGISLATION

    The upper Housatonic Valley in Connecticut and 
Massachusetts boasts 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. The upper Housatonic Valley also has 139 
properties and historic districts listed on the National 
Register of Historic Places.
    In 2000, legislation was enacted that directed the 
Secretary of the Interior to conduct a study to determine the 
suitability and feasibility of establishing the Upper 
Housatonic National Heritage Area. The National Park Service 
has completed the study and is awaiting approval from the 
Office of Management and Budget.
    H.R. 1798 would establish the Upper Housatonic Valley 
National Heritage Area, which would encompass part of the 
Housatonic River's watershed which extends 60 miles from 
Lanesboro, Massachusetts, to Kent, Connecticut, and 29 towns in 
the hilly terrain of western Massachusetts and northwestern 
Connecticut. The goals of this bill are consistent with the 
majority of other heritage areas previously established, which 
are to establish a National Heritage Area and encourage 
cultural tourism through the promotion of the resource, while 
leveraging federal appropriations to encourage private giving. 
The 15-year, $10 million authorization of appropriation is 
consistent as well. The management entity for the heritage area 
will be the Upper Housatonic Valley National Heritage Area, 
Inc.

                            COMMITTEE ACTION

    H.R. 1798 was introduced by Congresswoman Nancy Johnson (R-
CT) on April 11, 2003. The bill was referred to the Committee 
on Resources, and within the Committee to the Subcommittee on 
National Parks, Recreation and Public Lands. The Subcommittee 
held a hearing on the bill on October 16, 2003. On October 21, 
2003, the Subcommittee met to mark up the bill. Congressman 
George Radanovich (R-CA) offered an amendment in the nature of 
a substitute to require that private landowners whose property 
is located within the boundary of the heritage area have their 
property excluded from within the boundary upon written request 
to the management entity. The amendment also required that the 
owner of any private property located within the boundary of 
the heritage area be contacted in writing. The owner must 
provide written consent for inclusion in the heritage area if 
his property is to be governed by the management plan for the 
heritage area. The amendment was agreed to by unanimous 
consent. The bill, as amended, was then ordered favorably 
reported to the Full Resources Committee by unanimous consent. 
On November 5, 2003, the Full Resources Committee met to 
consider the bill. Mr. Radanovich offered an amendment in the 
nature of a substitute to further refine the private property 
rights language in the bill. The amendment was agreed to by 
unanimous consent. The bill, as amended, was then ordered 
favorably reported to the House of Representatives by unanimous 
consent.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Resources' oversight findings and recommendations 
are reflected in the body of this report.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Article I, section 8, and Article IV, section 3, of the 
Constitution of the United States grant Congress the authority 
to enact this bill.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to establish the Upper Housatonic 
Valley National Heritage Area in the State of Connecticut and 
the Commonwealth of Massachusetts, and for other purposes.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                 Washington, DC, November 13, 2003.
Hon. Richard W. Pombo,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1798, the Upper 
Housatonic Valley National Heritage Area Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                       Douglas Holtz-Eakin,
                                                          Director.
    Enclosure.

H.R. 1798--Upper Housatonic Valley National Heritage Area Act

    H.R. 1798 would establish the Upper Housatonic Valley 
National Heritage Area (NHA) in northwestern Connecticut and 
western Massachusetts. The bill would designate the Upper 
Housatonic Valley National Heritage Area, Inc., as the 
management entity for the proposed NHA. Under the bill, that 
organization would develop a management plan to identify 
strategies for preserving, funding, managing, and developing 
the proposed NHA. The Department of the Interior would provide 
technical and financial assistance to the corporation for 
developing and implementing that plan. For these purposes, the 
bill would authorize the appropriation of $10 million, not to 
exceed $1 million annually.
    Assuming appropriation of the authorized amounts, CBO 
estimates that implementing H.R. 1798 would cost $10 million 
over the next 10 to 15 years. Such amounts would be used to 
cover a portion of the costs of establishing, operating, and 
interpreting the heritage area. Enacting H.R. 1798 would have 
no effect on revenues or direct spending.
    H.R. 1798 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments.
    The CBO staff contact for this estimate is Deborah Reis. 
The estimate was approved by Peter H. Fontaine, Deputy 
Assistant Director for Budget Analysis.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

    This bill is not intended to preempt any State, local or 
tribal law.

                        CHANGES IN EXISTING LAW

    If enacted, this bill would make no changes in existing 
law.

                                
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