[Senate Report 108-294]
[From the U.S. Government Publishing Office]
Calendar No. 613
108th Congress Report
SENATE
2d Session 108-294
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ATCHAFALAYA NATIONAL HERITAGE AREA ACT
_______
July 7, 2004.--Ordered to be printed
_______
Mr. Domenici, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 323]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 323) to establish the Atchafalaya
National Heritage Area, Louisiana, having considered the same,
reports favorably thereon with an amendment and recommends that
the bill, as amended, do pass.
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
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 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.
PURPOSE OF THE MEASURE
The purpose of S. 323 is to establish the Atchafalaya
National Heritage Area in the State of Louisiana.
BACKGROUND AND NEED
The Atchafalaya River flows out of the Red and Mississippi
Rivers in central Louisiana, and then flows southward, west of
the Mississippi, 170 miles to the sea. Along the way, it forms
the largest river swamp in the United States, and provides
outstanding habitat for a diverse array of fish and wildlife,
including over two hundred species of birds.
The basin drained by the Atchafalaya River spans thirteen
parishes in south central Louisiana. The area is strongly
associated with the Cajuns, descendants of the French-speaking
Acadians who settled in the area after they were expelled from
Nova Scotia (originally called Acadia) in the latter part of
the eighteenth century. The cultural complexity of the region
has created a rich tapestry of history, customs, traditions,
architecture, music, language, and food of national
significance.
The State of Louisiana formally designated the Atchafalaya
River Basin as the Atchafalaya Trace Heritage Area in 1997 in
recognition of the area's rich natural, scenic, cultural, and
historic resources. The State established a commission to
``preserve, enhance, protect, and interpret'' the area's
resources and heritage, to develop an integrated natural,
scenic, cultural, and historical resource management plan for
the area, and to obtain federal recognition of the area as a
National Heritage Area.
The Atchafalaya River Basin contains a nationally distinct
landscape arising from patterns of human activity shaped by
geography. Its history, culture, and natural and recreational
resources are of national significance. Federal recognition of
the area as a National Heritage Area will enable the National
Park Service to assist the State of Louisiana and citizen
groups in preserving, protecting, and interpreting national
important resources for the benefit of all Americans, without
the need to acquire or manager those resources.
LEGISLATIVE HISTORY
S. 323 was introduced by Senators Landrieu and Breaux on
February 5, 2003. The Committee on Energy and Natural Resources
ordered S. 323, as amended, favorably reported on June 16,
2004.
During the 107th Congress, the Senate Committee on Energy
and Natural Resources Subcommittee on National Parks considered
similar legislation. That bill was favorably reported by the
Committee on October 4, 2002. The text of S. 2899 was adopted
as part of a substitute amendment to H.R. 695, legislation
authorizing numerous heritage areas. H.R. 695, as amended
passed the Senate by unanimous consent on November 19, 2002,
but was not considered prior to the sine die adjournment of the
107th Congress.
COMMITTEE RECOMMENDATION
The Senate Committee on Energy and Natural Resources, in an
open business session on June 16, 2004, by a unanimous voice
vote of a quorum present, recommends that the Senate pass S.
323, if amended as described herein.
COMMITTEE AMENDMENT
During its consideration of S. 323, the Committee adopted
an amendment in the nature of a substitute. The substitute
amendment removes the congressional findings and purposes and
adds text that limits the Federal share of funding made
available under this Act to not more than 50 percent of the
total cost of any activity. The amendment conforms the bill
text to the version as reported by the Committee during the
107th Congress and is described in detail in the section-by-
section analysis below.
SECTION-BY-SECTION ANALYSIS
Section 1 entitles this bill the ``Atchafalaya National
Heritage Act.''
Section 2 defines key terms used in the Act.
Section 3 establishes the Atchafalaya National Heritage
Area (Heritage Area) and describes the parishes within the
State of Louisiana to be included in the boundary. This section
also designates the Atchafalaya Trace Commission as the
coordinating entity and describes the composition of the
commission.
Section 4(a) provides the local coordinating entity with
the authority to use funds for preparing, updating and
implementing the management plan. The funds may be used for
making grants, entering into cooperative agreements and
contracts for goods and services and hiring and compensating
staff.
Subsection (b) establishes the duties of the local
coordinating entity, including implementing the management
plan, adopting bylaws, reporting accomplishments and
expenditures and the undertaking of initiatives that advance
the Heritage Area.
Subsection (c) prohibits the local coordinating entity from
using Federal funds received under this Act to acquire real
property.
Subsection (d) requires that the coordinating entity hold
quarterly public meetings.
Section 5 requires the local coordinating entity to prepare
a management plan for the Heritage Area and sets forth the
elements of the plan.
Subsection (d) sets forth requirements and deadlines for
the submission, approval or disapproval, and amendment of the
proposed management plan and is self explanatory.
Section 6 states that this Act does not grant any Federal
agency regulatory authority and will have no effect on the
authority of any local, state or Federal government to regulate
land use or environmental quality designations as provided for
by law.
Section 7 requires that the coordinating entity submit an
annual report that describes the accomplishments, income and
expenditures of the coordinating entity.
Section 8 authorizes $10,000,000 to be appropriated to
carry out this Act, with not more than $1,000,000 appropriated
for any given fiscal year. The Federal share may not exceed 50
percent of the total cost of any activity. The Committee notes
that the remaining share, provided by the local coordinating
entity, may include both non-Federal funds and in kind goods
and services.
Section 9 terminates the authority of the Secretary to
assist the local coordinating entity 15 years after the date of
enactment.
COST AND BUDGETARY CONSIDERATIONS
The following estimate of the cost of this measure has been
provided by the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, June 22, 2004.
Hon. Pete V. Domenici,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 323, the Atchafalaya
National Heritage Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Deborah Reis.
Sincerely,
Elizabeth M. Robinson
(For Douglas Holtz-Eakin, Director).
Enclosure.
S. 323--Atchafalaya National Heritage Area Act
S. 323 would establish the Atchafalaya National Heritage
Area (NHA) in Louisiana. The bill would designate the
Atchafalaya Trace Commission as the local coordinating entity
for the proposed NHA. The commission would be responsible for
developing and implementing a management plan for the
protection, development, and management of cultural and other
resources of the area. Finally, the legislation would authorize
the appropriation of $10 million, not to exceed $1 million
annually, for financial assistance to the commission over the
next 15 years.
Assuming appropriation of the authorized amounts, CBO
estimates that implementing S. 323 would cost $10 million over
the next 10 to 15 years. Such amounts would be used to cover a
portion of the costs of planning, establishing, operating, and
interpreting the heritage area. Enacting S. 323 would have no
effect on revenues or direct spending.
S. 323 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.
REGULATORY IMPACT EVALUATION
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 323. The bill is not a regulatory measure in
the sense of imposing Government-established standards or
significant economic responsibilities on private individuals
and businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of S. 323, as ordered reported.
EXECUTIVE COMMUNICATIONS
On May 19, 2004, the Committee on Energy and Natural
Resources requested legislative reports from the Department of
the Interior and the Office of Management and Budget setting
forth executive views on S. 323. These reports had not been
received at the time the report on S. 323 was filed. When the
reports become available, the Chairman will request that they
be printed in the Congressional Record for the advice of the
Senate.
CHANGES IN EXISTING LAW
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the Committee notes that no
changes in existing law are made by the bill S. 323 as ordered
reported.