[House Report 109-534]
[From the U.S. Government Publishing Office]
109th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 109-534
======================================================================
BLEEDING KANSAS NATIONAL HERITAGE AREA ACT
_______
June 28, 2006.--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. 413]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 413) to establish the Bleeding Kansas and the Enduring
Struggle for Freedom National Heritage Area, 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:
SEC. 1. SHORT TITLE.
This Act may be cited as the ``Bleeding Kansas National Heritage Area
Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) The Bleeding Kansas National Heritage Area is a cohesive
assemblage of natural, historic, cultural, and recreational
resources that--
(A) together represent distinctive aspects of
American heritage worthy of recognition, conservation,
interpretation, and continuing use;
(B) are best managed through partnerships between
private and public entities; and
(C) will build upon the Kansas rural development
policy and the new homestead act to recognize inherent
strengths of small towns and rural communities--close-
knit communities, strong local business networks, and a
tradition of entrepreneurial creativity.
(2) The Bleeding Kansas National Heritage Area reflects
traditions, customs, beliefs, folk life, or some combination
thereof, that are a valuable part of the heritage of the United
States.
(3) The Bleeding Kansas National Heritage Area provides
outstanding opportunities to conserve natural, cultural, or
historic features, or some combination thereof.
(4) The Bleeding Kansas National Heritage Area provides
outstanding recreational and interpretive opportunities.
(5) The Bleeding Kansas National Heritage Area has an
identifiable theme, and resources important to the theme retain
integrity capable of supporting interpretation.
(6) Residents, nonprofit organizations, other private
entities, and units of local government throughout the Bleeding
Kansas National Heritage Area demonstrate support for
designation of the Bleeding Kansas National Heritage Area as a
national heritage area and for management of the Bleeding
Kansas National Heritage Area as appropriate for such
designation.
(7) Capturing these interconnected stories through
partnerships with National Park Service sites, Kansas State
Historical Society sites, local organizations, and citizens
will augment the story opportunities within the prospective
boundary for the educational and recreational benefit of this
and future generations of Americans.
(8) Communities throughout this region know the value of
their Bleeding Kansas legacy, but require expansion of the
existing cooperative framework to achieve key preservation,
education, and other significant goals by working more closely
together.
(9) The State of Kansas officially recognized the national
significance of the Bleeding Kansas story when it designated
the heritage area development as a significant strategic goal
within the statewide economic development plan.
(10) Territorial Kansas Heritage Alliance is a nonprofit
corporation created for the purposes of preserving,
interpreting, developing, promoting and, making available to
the public the story and resources related to the story of
Bleeding Kansas and the Enduring Struggle for Freedom.
(11) Territorial Kansas Heritage Alliance has completed a
study that--
(A) describes in detail the role, operation,
financing, and functions of Territorial Kansas Heritage
Alliance, the local coordinating entity; and
(B) provides adequate assurances that Territorial
Kansas Heritage Alliance, the local coordinating
entity, is likely to have the financial resources
necessary to implement the management plan for the
Heritage Area, including resources to meet matching
requirement for grants.
(12) There are at least 7 National Historic Landmarks, 32
National Register properties, 3 Kansas Register properties, and
7 properties listed on the National Underground Railroad
Network to Freedom that contribute to the Heritage Area as well
as other significant properties that have not been designated
at this time.
(13) There is an interest in interpreting all sides of the
Bleeding Kansas story that requires further work with several
counties in Missouri interested in joining the area.
(14) In 2004, the State of Kansas commemorated the
Sesquicentennial of the signing of the Kansas-Nebraska Act,
opening the territory to settlement.
(b) Purposes.--The purposes of this Act are as follows:
(1) To designate a region in eastern Kansas and western
Missouri containing nationally important natural, historic, and
cultural resources and recreational and educational
opportunities that are geographically assembled and
thematically related as areas that provide unique frameworks
for understanding the great and diverse character of the United
States and the development of communities and their
surroundings as the Bleeding Kansas National Heritage Area.
(2) To strengthen, complement, and support the Fort Scott,
Brown v. Board of Education, Nicodemus and Tallgrass Prairie
sites through the interpretation and conservation of the
associated living landscapes outside of the boundaries of these
units of the National Park System.
(3) To describe the extent of Federal responsibilities and
duties in regard to the Heritage Area.
(4) To further collaboration and partnerships among Federal,
State, and local governments, nonprofit organizations, and the
private sector, or combinations thereof, to conserve and manage
the resources and opportunities in the Heritage Area through
grants, technical assistance, training and other means.
(5) To authorize Federal financial and technical assistance
to the local coordinating entity to assist in the conservation
and interpretation of the Heritage Area.
(6) To empower communities and organizations in Kansas to
preserve the special historic identity of Bleeding Kansas and
with it the identity of the Nation.
(7) To provide for the management, preservation, protection,
and interpretation of the natural, historical, and cultural
resources within the region for the educational and
inspirational benefit of current and future generations.
(8) To provide greater community capacity through inter-local
cooperation.
(9) To provide a vehicle, particularly in the four counties
with high out-migration of population, to recognize that self-
reliance and resilience will be the keys to their economic
future.
(10) To build upon the Kansas rural development policy, the
Kansas agritourism initiative and the new homestead act to
recognize inherent strengths of small towns and rural
communities--close-knit communities, strong local business
networks, and a tradition of entrepreneurial creativity.
(11) To educate and cultivate among its citizens,
particularly its youth, the stories and cultural resources of
the region's legacy that--
(A) reflect the popular phrase ``Bleeding Kansas''
describing the conflict over slavery that became
nationally prominent in Kansas just before and during
the American Civil War;
(B) reflect the commitment of American settlers who
first fought and killed to uphold their different and
irreconcilable principles of freedom and equality
during the years of the Kansas Conflict;
(C) reflect the struggle for freedom, experienced
during the ``Bleeding Kansas'' era, that continues to
be a vital and pressing issue associated with the real
problem of democratic nation building; and
(D) recreate the physical environment revealing its
impact on agriculture, transportation, trade and
business, and social and cultural patterns in urban and
rural settings.
(12) To interpret the effect of the era's democratic ethos on
the development of America's distinctive political culture.
SEC. 3. DEFINITIONS.
In this Act:
(1) Heritage area.--The term ``Heritage Area'' means the
Bleeding Kansas and the Enduring Struggle for Freedom National
Heritage Area in eastern Kansas and western Missouri.
(2) Local coordinating entity.--The term ``local coordinating
entity'' means Territorial Kansas Heritage Alliance, recognized
by the Secretary, in consultation with the Governors of the
States, that agrees to perform the duties of a local
coordinating entity under this Act.
(3) Management plan.--The term ``management plan'' means the
management plan for the Heritage Area developed under section
4(e).
(4) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(5) State.--The term ``State'' means each of the States of
Kansas and Missouri.
(6) Unit of local government.--The term ``unit of local
government'' means the government of a State, a political
subdivision of a State, or an Indian tribe.
SEC. 4. BLEEDING KANSAS AND THE ENDURING STRUGGLE FOR FREEDOM NATIONAL
HERITAGE AREA.
(a) Establishment.--There is established in the States the Bleeding
Kansas and the Enduring Struggle for Freedom National Heritage Area.
(b) Boundaries.--The Heritage Area may include the following:
(1) An area located in eastern Kansas and western Missouri,
consisting of--
(A) Allen, Anderson, Atchison, Bourbon, Chantauqua,
Cherokee, Clay, Coffey, Crawford, Douglas, Franklin,
Geary, Jackson, Johnson, Labette, Leavenworth, Linn,
Miami, Neosho, Pottawatomie, Riley, Shawnee, Wabaunsee,
Wilson, Woodson, Wyandotte Counties in Kansas; and
(B) Buchanan, Platte, Clay, Ray, Lafayette, Jackson,
Cass, Johnson, Bates, Vernon, Barton, and Jasper
Counties in Missouri.
(2) Contributing sites, buildings, and districts within the
area that are recommended by the management plan.
(c) Map.--The final boundary of the Heritage Area within the counties
identified in subsection (b)(1) shall be specified in the management
plan. A map of the Heritage Area shall be included in the management
plan. The map shall be on file in the appropriate offices of the
National Park Service, Department of the Interior.
(d) Local Coordinating Entity.--
(1) In general.--The local coordinating entity for the
Heritage Area shall be Territorial Kansas Heritage Alliance, a
nonprofit organization established in the State of Kansas,
recognized by the Secretary, in consultation with the Governors
of the States, that agrees to perform the duties of the local
coordinating entity under this Act.
(2) Authorities.--For purposes of developing and implementing
the management plan, the local coordinating entity may--
(A) make grants to, and enter into cooperative
agreements with, the States, political subdivisions of
the States, and private organizations;
(B) hire and compensate staff; and
(C) enter into contracts for goods and services.
(e) Management Plan.--
(1) In general.--Not later than 3 years after the date on
which funds are made available to carry out this Act, the local
coordinating entity shall develop and submit to the Secretary a
management plan reviewed by participating units of local
government within the boundaries of the proposed Heritage Area.
(2) Contents.--The management plan shall--
(A) present a comprehensive program for the
conservation, interpretation, funding, management, and
development of the Heritage Area, in a manner
consistent with the existing local, State, and Federal
land use laws and compatible economic viability of the
Heritage Area;
(B) establish criteria or standards to measure what
is selected for conservation, interpretation, funding,
management, and development;
(C) involve residents, public agencies, and private
organizations working in the Heritage Area;
(D) specify and coordinate, as of the date of the
management plan, existing and potential sources of
technical and financial assistance under this and other
Federal laws to protect, manage, and develop the
Heritage Area; and
(E) include--
(I) actions to be undertaken by units of
government and private organizations to
protect, conserve, and interpret the resources
of the Heritage Area;
(ii) an inventory of the resources contained
in the Heritage Area, including a list of any
property in the Heritage Area that is related
to the themes of the Heritage Area and that
meets the establishing criteria (such as, but
not exclusive to, visitor readiness) to merit
preservation, restoration, management,
development, or maintenance because of its
natural, cultural, historical, or recreational
significance;
(iii) policies for resource management
including the development of intergovernmental
cooperative agreements, private sector
agreements, or any combination thereof, to
protect the historical, cultural, recreational,
and natural resources of the Heritage Area in a
manner consistent with supporting appropriate
and compatible economic viability;
(iv) a program for implementation of the
management plan by the designated local
coordinating entity, in cooperation with its
partners and units of local government;
(v) evidence that relevant State, county, and
local plans applicable to the Heritage Area
have been taken into consideration;
(vi) an analysis of ways in which local,
State, and Federal programs may best be
coordinated to promote the purposes of this
Act; and
(vii) a business plan that--
(I) describes in detail the role,
operation, financing, and functions of
the local coordinating entity for each
activity included in the
recommendations contained in the
management plan; and
(II) provides, to the satisfaction of
the Secretary, adequate assurances that
the local coordinating entity is likely
to have the financial resources
necessary to implement the management
plan for the Heritage Area, including
resources to meet matching requirement
for grants awarded under this Act.
(3) Considerations.--In developing and implementing the
management plan, the local coordinating entity shall consider
the interests of diverse governmental, business, and nonprofit
groups within the Heritage Area.
(4) Disqualification from funding.--If a proposed management
plan is not submitted to the Secretary within 3 years after the
date on which funds are made available to carry out this Act,
the local coordinating entity shall be ineligible to receive
additional funding under this Act until the date on which the
Secretary receives the proposed management plan.
(5) Approval and disapproval of management plan.--The
Secretary shall approve or disapprove the proposed management
plan submitted under this Act not later than 90 days after
receiving such proposed management plan.
(6) Action following disapproval.--If the Secretary
disapproves a proposed management plan, the Secretary shall
advise the local coordinating entity in writing of the reasons
for the disapproval and shall make recommendations for
revisions to the proposed management plan. The Secretary shall
approve or disapprove a proposed revision within 90 days after
the date it is submitted.
(7) Approval of amendments.--The Secretary shall review and
approve substantial amendments to the management plan. Funds
appropriated under this Act may not be expended to implement
any changes made by such amendment until the Secretary approves
the amendment.
(8) Implementation.--
(A) Priorities.--The local coordinating entity shall
give priority to implementing actions described in the
management plan, including--
(I) assisting units of government and
nonprofit organizations in preserving resources
within the Heritage Area; and
(ii) encouraging local governments to adopt
land use policies consistent with the
management of the Heritage Area and the goals
of the management plan.
(B) Public meetings.--The local coordinating entity
shall conduct public meetings at least quarterly on the
implementation of the management plan.
(f) Public Notice.--The local coordinating entity shall place a
notice of each of its public meetings in a newspaper of general
circulation in the Heritage Area and shall make the minutes of the
meeting available to the public.
(g) Annual Report.--For any year in which Federal funds have been
made available under this Act, the local coordinating entity shall
submit to the Secretary an annual report that describes--
(1) the accomplishments of the local coordinating entity; and
(2) the expenses and income of the local coordinating entity.
(h) Audit.--The local coordinating entity shall--
(1) make available to the Secretary for audit all records
relating to the expenditure of Federal funds and any matching
funds; and
(2) require, with respect to all agreements authorizing
expenditure of Federal funds by other organizations, that the
receiving organizations make available to the Secretary for
audit all records concerning the expenditure of the Federal
funds and any matching funds.
(I) Use of Federal Funds.--
(1) In general.--The local coordinating entity shall not use
Federal funds made available under this Act to acquire real
property or an interest in real property.
(2) Other sources.--Nothing in this Act precludes the local
coordinating entity from using Federal funds made available
under other Federal laws for any purpose for which the funds
are authorized to be used.
SEC. 5. TECHNICAL AND FINANCIAL ASSISTANCE; OTHER FEDERAL AGENCIES.
(a) Technical and Financial Assistance.--
(1) In general.--On the request of the local coordinating
entity, the Secretary may provide technical and financial
assistance for the development and implementation of the
management plan.
(2) Priority for assistance.--In providing assistance under
paragraph (1), the Secretary shall give priority to actions
that assist in--
(A) conserving the significant cultural, historic,
and natural resources of the Heritage Area; and
(B) providing educational, interpretive, and
recreational opportunities consistent with the purposes
of the Heritage Area.
(3) Spending for non-federal property.--The local
coordinating entity may expend Federal funds made available
under this Act on non-Federal property that--
(A) meets the criteria in the approved management
plan; or
(B) is listed or eligible for listing on the National
Register of Historic Places.
(4) Other assistance.--The Secretary may enter into
cooperative agreements with public and private organizations to
carry out this subsection.
(b) Other Federal Agencies.--Any Federal entity conducting or
supporting an activity that directly affects the Heritage Area shall--
(1) consider the potential effect of the activity on the
purposes of the Heritage Area and the management plan;
(2) consult with the local coordinating entity regarding the
activity; and
(3) to the maximum extent practicable, conduct or support the
activity to avoid adverse effects on the Heritage Area.
(c) Other Assistance not Affected.--This Act does not affect the
authority of any Federal official to provide technical or financial
assistance under any other law.
(d) Notification of Other Federal Activities.--The head of each
Federal agency shall provide to the Secretary and the local
coordinating entity, to the extent practicable, advance notice of all
activities that may have an impact on the Heritage Area.
SEC. 6. PRIVATE PROPERTY PROTECTION.
(a) Access to Private Property.--Nothing in this Act shall be
construed to require any private property owner to permit public access
(including Federal, State, or local government access) to such private
property. Nothing in this Act shall be construed to modify any
provision of Federal, State, or local law with regard to public access
to or use of private lands.
(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 any authority of Federal, State, or
local governments to regulate land use.
(d) Participation of Private Property Owners in Heritage Areas.--
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) Land Use Regulation.--
(1) In general.--The local coordinating entity shall provide
assistance and encouragement to State and local governments,
private organizations, and persons to protect and promote the
resources and values of the Heritage Area.
(2) Effect.--Nothing in this Act--
(A) affects the authority of the State or local
governments to regulate under law any use of land; or
(B) grants any power of zoning or land use to the
local coordinating entity.
(f) Private Property.--
(1) In general.--The local coordinating entity shall be an
advocate for land management practices consistent with the
purposes of the Heritage Area.
(2) Effect.--Nothing in this Act--
(A) abridges the rights of any person with regard to
private property;
(B) affects the authority of the State or local
government regarding private property; or
(C) imposes any additional burden on any property
owner.
(g) Requirements for Inclusion of Private Property.--
(1) 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.
(2) Landowner withdrawal.--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. 7. SAVINGS PROVISIONS.
(a) Rules, Regulations, Standards, and Permit Processes.--Nothing in
this Act shall be construed to impose any environmental, occupational,
safety, or other rule, regulation, standard, or permit process in the
Heritage Area that is different from those that would be applicable if
the Heritage Area had not been established.
(b) Water and Water Rights.--Nothing in this Act shall be construed
to authorize or imply the reservation or appropriation of water or
water rights.
(c) No Diminishment of State Authority.--Nothing in this Act shall be
construed to diminish the authority of the State to manage fish and
wildlife, including the regulation of fishing and hunting within the
Heritage Area.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to carry out
this Act $10,000,000, to remain available until expended, of which not
more than $1,000,000 may be authorized to be appropriated 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 under this Act
terminates on the date that is 15 years after the date of enactment of
this Act.
PURPOSE OF THE BILL
The purpose of H.R. 413 is to establish the Bleeding Kansas
and the Enduring Struggle for Freedom National Heritage Area.
BACKGROUND AND NEED FOR LEGISLATION
From 1854 through 1961, Kansas Territory was known as
``Bleeding Kansas.'' The decision to enter the Union as a free
or slave state was left to the voters of the area. That led to
seven years of sporadic warfare between proponents of both
sides. The battles in ``Bleeding Kansas'' during this period
served as the military precursor to the Civil War and the end
of slavery. The area for the Bleeding Kansas Heritage Area
would be located in eastern Kansas and western Missouri. The
Territorial Kansas Heritage Alliance will be designated as the
managing entity of the heritage area. The Alliance will be
required to prepare and submit a management plan that contains
a comprehensive program for the conservation, interpretation,
funding, management, and development of the proposed heritage
area. The Secretary of the Interior is authorized to provide
technical and financial assistance to develop the plan and will
be responsible for either approving or disapproving of the
final plan.
COMMITTEE ACTION
H.R. 413 was introduced on January 26, 2005, by Congressman
Jim Ryun (establish the Bleeding Kansas and the Enduring
Struggle for Freedom National Heritage Area. R-KS). The bill
was referred to the Committee on Resources, and within the
Committee to the Subcommittee on National Parks. On November
10, 2005, the Subcommittee on National Parks held a hearing on
H.R. 413. On March 29, 2006, the Committee on Resources met to
consider the bill. By unanimous consent, the Subcommittee on
National Parks was discharged from further consideration of the
bill. An amendment in the nature of a substitute was offered by
Chairman Richard Pombo (R-CA). The amendment clarified the
inclusion, in the heritage area, of 12 counties in western
Missouri. The amendment was adopted by unanimous consent. The
bill as amended was 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 of the Constitution of the United
States grants 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 of the Rules of the House of
Representatives, the general performance goal of this bill is
to establish the Bleeding Kansas and the Enduring Struggle for
Freedom National Heritage Area.
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:
H.R. 413--Bleeding Kansas National Heritage Area Act
H.R. 413 would establish the Bleeding Kansas and the
Enduring Struggle for Freedom National Heritage Area (NHA) in
eastern Kansas and western Missouri. The bill would designate
the Territorial Kansas Heritage Alliance as the local
coordinating entity for the proposed NHA. The alliance 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 Alliance over
the next 15 years.
Assuming appropriation of the authorized amounts, CBO
estimates that implementing H.R. 413 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 H.R.
413 would have no effect on revenues or direct spending.
H.R. 413 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.