[Senate Report 110-308]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 660
110th Congress                                                   Report
                                 SENATE
 2d Session                                                     110-308

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



 
               NORTHERN PLAINS NATIONAL HERITAGE AREA ACT

                                _______
                                

                 April 10, 2008.--Ordered to be printed

                                _______
                                

   Mr. Bingaman, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 2098]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 2098) to establish the Northern Plains 
National Heritage Area in the State of North Dakota, having 
considered the same, reports favorably thereon with an 
amendment in the nature of a substitute and an amendment to the 
title and recommends that the bill, as amended, do pass.
    The amendments are as follows:
    1. 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 ``Northern Plains National Heritage Area 
Act''.

SEC. 2. DEFINITIONS.

  In this Act:
          (1) Heritage area.--The term ``Heritage Area'' means the 
        Northern Plains National Heritage Area established by section 
        3(a).
          (2) Local coordinating entity.--The term ``local coordinating 
        entity'' means the Northern Plains Heritage Foundation, the 
        local coordinating entity for the Heritage Area designated by 
        section 4(a).
          (3) Management plan.--The term ``management plan'' means the 
        management plan for the Heritage Area required under section 5.
          (4) Secretary.--The term ``Secretary'' means the Secretary of 
        the Interior.
          (5) State.--The term ``State'' means the State of North 
        Dakota.

SEC. 3. ESTABLISHMENT.

  (a) In General.--There is established the Northern Plains National 
Heritage Area in the State of North Dakota.
  (b) Boundaries.--The Heritage Area shall consist of--
          (1) a core area of resources in Burleigh, McLean, Mercer, 
        Morton, and Oliver Counties in the State; and
          (2) any sites, buildings, and districts within the core area 
        recommended by the management plan for inclusion in the 
        Heritage Area.
  (c) Map.--A map of the Heritage Area shall be--
          (1) included in the management plan; and
          (2) on file and available for public inspection in the 
        appropriate offices of the local coordinating entity and the 
        National Park Service.

SEC. 4. LOCAL COORDINATING ENTITY.

  (a) In General.--The local coordinating entity for the Heritage Area 
shall be the Northern Plains Heritage Foundation, a nonprofit 
corporation established under the laws of the State.
  (b) Duties.--To further the purposes of the Heritage Area, the 
Northern Plains Heritage Foundation, as the local coordinating entity, 
shall--
          (1) prepare a management plan for the Heritage Area, and 
        submit the management plan to the Secretary, in accordance with 
        this Act;
          (2) submit an annual report to the Secretary for each fiscal 
        year for which the local coordinating entity receives Federal 
        funds under this Act, specifying--
                  (A) the specific performance goals and 
                accomplishments of the local coordinating entity;
                  (B) the expenses and income of the local coordinating 
                entity;
                  (C) the amounts and sources of matching funds;
                  (D) the amounts leveraged with Federal funds and 
                sources of the leveraged funds; and
                  (E) grants made to any other entities during the 
                fiscal year;
          (3) make available for audit for each fiscal year for which 
        the local coordinating entity receives Federal funds under this 
        Act, all information pertaining to the expenditure of the funds 
        and any matching funds; and
          (4) encourage economic viability and sustainability that is 
        consistent with the purposes of the Heritage Area.
  (c) Authorities.--For the purposes of preparing and implementing the 
approved management plan for the Heritage Area, the local coordinating 
entity may use Federal funds made available under this Act to--
          (1) make grants to political jurisdictions, nonprofit 
        organizations, and other parties within the Heritage Area;
          (2) enter into cooperative agreements with or provide 
        technical assistance to political jurisdictions, nonprofit 
        organizations, Federal agencies, and other interested parties;
          (3) hire and compensate staff, including individuals with 
        expertise in--
                  (A) natural, historical, cultural, educational, 
                scenic, and recreational resource conservation;
                  (B) economic and community development; and
                  (C) heritage planning;
          (4) obtain funds or services from any source, including other 
        Federal programs;
          (5) contract for goods or services; and
          (6) support activities of partners and any other activities 
        that further the purposes of the Heritage Area and are 
        consistent with the approved management plan.
  (d) Prohibition on Acquisition of Real Property.--The local 
coordinating entity may not use Federal funds authorized to be 
appropriated under this Act to acquire any interest in real property.
  (e) Other Sources.--Nothing in this Act precludes the local 
coordinating entity from using Federal funds from other sources for 
authorized purposes.

SEC. 5. MANAGEMENT PLAN.

  (a) In General.--Not later than 3 years after the date of enactment 
of this Act, the local coordinating entity shall submit to the 
Secretary for approval a proposed management plan for the Heritage 
Area.
  (b) Requirements.--The management plan for the Heritage Area shall--
          (1) describe comprehensive policies, goals, strategies, and 
        recommendations for telling the story of the heritage of the 
        area covered by the Heritage Area and encouraging long-term 
        resource protection, enhancement, interpretation, funding, 
        management, and development of the Heritage Area;
          (2) include a description of actions and commitments that 
        Federal, State, tribal, and local governments, private 
        organizations, and citizens will take to protect, enhance, 
        interpret, fund, manage, and develop the natural, historical, 
        cultural, educational, scenic, and recreational resources of 
        the Heritage Area;
          (3) specify existing and potential sources of funding or 
        economic development strategies to protect, enhance, interpret, 
        fund, manage, and develop the Heritage Area;
          (4) include an inventory of the natural, historical, 
        cultural, educational, scenic, and recreational resources of 
        the Heritage Area relating to the national importance and 
        themes of the Heritage Area that should be protected, enhanced, 
        interpreted, managed, funded, and developed;
          (5) recommend policies and strategies for resource 
        management, including the development of intergovernmental and 
        interagency agreements to protect, enhance, interpret, fund, 
        manage, and develop the natural, historical, cultural, 
        educational, scenic, and recreational resources of the Heritage 
        Area;
          (6) describe a program for implementation for the management 
        plan, including--
                  (A) performance goals;
                  (B) plans for resource protection, enhancement, 
                interpretation, funding, management, and development; 
                and
                  (C) specific commitments for implementation that have 
                been made by the local coordinating entity or any 
                Federal, State, tribal, or local government agency, 
                organization, business, or individual;
          (7) include an analysis of, and recommendations for, means by 
        which Federal, State, tribal, and local programs may best be 
        coordinated (including the role of the National Park Service 
        and other Federal agencies associated with the Heritage Area) 
        to further the purposes of this Act; and
          (8) include a business plan that--
                  (A) describes the role, operation, financing, and 
                functions of the local coordinating entity and of each 
                of the major activities described in the management 
                plan; and
                  (B) provides adequate assurances that the local 
                coordinating entity has the partnerships and financial 
                and other resources necessary to implement the 
                management plan for the Heritage Area.
  (c) Deadline.--
          (1) In general.--Not later than 3 years after the date on 
        which funds are first made available to develop the management 
        plan after designation of the Heritage Area, the local 
        coordinating entity shall submit the management plan to the 
        Secretary for approval.
          (2) Termination of funding.--If the management plan is not 
        submitted to the Secretary in accordance with paragraph (1), 
        the local coordinating entity shall not qualify for any 
        additional financial assistance under this Act until such time 
        as the management plan is submitted to and approved by the 
        Secretary.
  (d) Approval of Management Plan.--
          (1) Review.--Not later than 180 days after receiving the 
        plan, the Secretary shall review and approve or disapprove the 
        management plan for the Heritage Area on the basis of the 
        criteria established under paragraph (2).
          (2) Criteria for approval.--In determining whether to approve 
        a management plan for the Heritage Area, the Secretary shall 
        consider whether--
                  (A) the local coordinating entity represents the 
                diverse interests of the Heritage Area, including 
                Federal, State, tribal, and local governments, natural, 
                and historic resource protection organizations, 
                educational institutions, businesses, recreational 
                organizations, community residents, and private 
                property owners;
                  (B) the local coordinating entity--
                          (i) has afforded adequate opportunity for 
                        public and Federal, State, tribal, and local 
                        governmental involvement (including through 
                        workshops and hearings) in the preparation of 
                        the management plan; and
                          (ii) provides for at least semiannual public 
                        meetings to ensure adequate implementation of 
                        the management plan;
                  (C) the resource protection, enhancement, 
                interpretation, funding, management, and development 
                strategies described in the management plan, if 
                implemented, would adequately protect, enhance, 
                interpret, fund, manage, and develop the natural, 
                historic, cultural, educational, scenic, and 
                recreational resources of the Heritage Area;
                  (D) the management plan would not adversely affect 
                any activities authorized on Federal land under public 
                land laws or land use plans;
                  (E) the local coordinating entity has demonstrated 
                the financial capability, in partnership with others, 
                to carry out the plan;
                  (F) the Secretary has received adequate assurances 
                from the appropriate State, tribal, and local officials 
                whose support is needed to ensure the effective 
                implementation of the State, tribal, and local elements 
                of the management plan; and
                  (G) the management plan demonstrates partnerships 
                among the local coordinating entity, Federal, State, 
                tribal, and local governments, regional planning 
                organizations, nonprofit organizations, or private 
                sector parties for implementation of the management 
                plan.
          (3) Disapproval.--
                  (A) In general.--If the Secretary disapproves the 
                management plan, the Secretary--
                          (i) shall advise the local coordinating 
                        entity in writing of the reasons for the 
                        disapproval; and
                          (ii) may make recommendations to the local 
                        coordinating entity for revisions to the 
                        management plan.
                  (B) Deadline.--Not later than 180 days after 
                receiving a revised management plan, the Secretary 
                shall approve or disapprove the revised management 
                plan.
          (4) Amendments.--
                  (A) In general.--An amendment to the management plan 
                that substantially alters the purposes of the Heritage 
                Area shall be reviewed by the Secretary and approved or 
                disapproved in the same manner as the original 
                management plan.
                  (B) Implementation.--The local coordinating entity 
                shall not use Federal funds authorized to be 
                appropriated by this Act to implement an amendment to 
                the management plan until the Secretary approves the 
                amendment.
          (5) Authorities.--The Secretary may--
                  (A) provide technical assistance under this Act for 
                the development and implementation of the management 
                plan; and
                  (B) enter into cooperative agreements with interested 
                parties to carry out this Act.

SEC. 6. RELATIONSHIP TO OTHER FEDERAL AGENCIES.

  (a) In General.--Nothing in this Act affects the authority of a 
Federal agency to provide technical or financial assistance under any 
other law.
  (b) Technical and Financial Assistance.--
          (1) In general.--On the request of the local coordinating 
        entity, the Secretary may provide financial assistance and, on 
        a reimbursable or nonreimbursable basis, technical assistance 
        to the local coordinating entity to develop and implement the 
        management plan.
          (2) Cooperative agreements.--The Secretary may enter into 
        cooperative agreements with the local coordinating entity and 
        other public or private entities to provide technical or 
        financial assistance under paragraph (1).
          (3) Priority.--In assisting the Heritage Area, the Secretary 
        shall give priority to actions that assist in--
                  (A) conserving the significant natural, historic, 
                cultural, and scenic resources of the Heritage Area; 
                and
                  (B) providing educational, interpretive, and 
                recreational opportunities consistent with the purposes 
                of the Heritage Area.
  (c) Consultation and Coordination.--To the maximum extent 
practicable, the head of any Federal agency planning to conduct 
activities that may have an impact on the Heritage Area is encouraged 
to consult and coordinate the activities with the Secretary and the 
local coordinating entity.
  (d) Other Federal Agencies.--Nothing in this Act--
          (1) modifies or alters any laws (including regulations) 
        authorizing a Federal agency to manage Federal land under the 
        jurisdiction of the Federal agency;
          (2) limits the discretion of a Federal land manager to 
        implement an approved land use plan within the boundaries of 
        the Heritage Area; or
          (3) modifies, alters, or amends any authorized use of Federal 
        land under the jurisdiction of a Federal agency.

SEC. 7. PRIVATE PROPERTY AND REGULATORY PROTECTIONS.

  Nothing in this Act--
          (1) abridges the rights of any owner of public or private 
        property, including the right to refrain from participating in 
        any plan, project, program, or activity conducted within the 
        Heritage Area;
          (2) requires any property owner to--
                  (A) permit public access (including access by 
                Federal, State, or local agencies) to the property of 
                the property owner; or
                  (B) modify public access to, or use of, the property 
                of the property owner under any other Federal, State, 
                or local law;
          (3) alters any duly adopted land use regulation, approved 
        land use plan, or other regulatory authority of any Federal, 
        State, tribal, or local agency;
          (4) conveys any land use or other regulatory authority to the 
        local coordinating entity;
          (5) authorizes or implies the reservation or appropriation of 
        water or water rights;
          (6) diminishes the authority of the State to manage fish and 
        wildlife, including the regulation of fishing and hunting 
        within the Heritage Area; or
          (7) creates any liability, or affects any liability under any 
        other law, of any private property owner with respect to any 
        person injured on the private property.

SEC. 8. EVALUATION; REPORT.

  (a) In General.--Not later than 3 years before the date on which 
authority for Federal funding terminates for the Heritage Area under 
section 10, the Secretary shall--
          (1) conduct an evaluation of the accomplishments of the 
        Heritage Area; and
          (2) prepare a report in accordance with subsection (c).
  (b) Evaluation.--An evaluation conducted under subsection (a)(1) 
shall--
          (1) assess the progress of the local coordinating entity with 
        respect to--
                  (A) accomplishing the purposes of this Act for the 
                Heritage Area; and
                  (B) achieving the goals and objectives of the 
                approved management plan for the Heritage Area;
          (2) analyze the Federal, State, local, and private 
        investments in the Heritage Area to determine the leverage and 
        impact of the investments; and
          (3) review the management structure, partnership 
        relationships, and funding of the Heritage Area for purposes of 
        identifying the critical components for sustainability of the 
        Heritage Area.
  (c) Report.--
          (1) In general.--Based on the evaluation conducted under 
        subsection (a)(1), the Secretary shall prepare a report that 
        includes recommendations for the future role of the National 
        Park Service, if any, with respect to the Heritage Area.
          (2) Required analysis.--If the report prepared under 
        paragraph (1) recommends that Federal funding for the Heritage 
        Area be reauthorized, the report shall include an analysis of--
                  (A) ways in which Federal funding for the Heritage 
                Area may be reduced or eliminated; and
                  (B) the appropriate time period necessary to achieve 
                the recommended reduction or elimination.
          (3) Submission to congress.--On completion of the report, the 
        Secretary shall submit the report to--
                  (A) the Committee on Energy and Natural Resources of 
                the Senate; and
                  (B) the Committee on Natural Resources of the House 
                of Representatives.

SEC. 9. 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 may be made 
available for any fiscal year.
  (b) Cost-Sharing Requirement.--
          (1) In general.--The Federal share of the total cost of any 
        activity under this Act shall be not more than 50 percent.
          (2) Form.--The non-Federal contribution may be in the form of 
        in-kind contributions of goods or services fairly valued.

SEC. 10. 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.

    2. Amend the title so as to read: ``A bill to establish the 
Northern Plains National Heritage Area in the State of North 
Dakota.''.

                                 PURPOSE

     The purpose of S. 2098 is to designate the Northern Plains 
National Heritage Area in the State of North Dakota.

                          BACKGROUND AND NEED

     The Northern Plains National Heritage Area would encompass 
four counties along the Missouri River in central North Dakota, 
and includes Bismarck, the State's Capital. The Lewis and Clark 
expedition traveled through the region on their route to the 
Pacific and spent more time in North Dakota than any other site 
along the route. The heritage area also includes the ancestral 
lands of the Mandan and Hidatsa, who pioneered agriculture on 
the northern plains. The heritage area would also include the 
Knife River Indian Villages National Historic Site.
     The bill would designate the Northern Plains Heritage 
Foundation as the management entity for the heritage area. The 
Foundation has prepared a feasibility study for the proposed 
heritage area, which has been submitted to the National Park 
Service for review.

                          LEGISLATIVE HISTORY

     S. 2098 was introduced by Senators Dorgan and Conrad on 
September 26, 2007. The Subcommittee on National Parks held a 
hearing on the bill on November 8, 2007. (S. Hrg. 110-282.) At 
its business meeting on January 30, 2008, the Committee on 
Energy and Natural Resources ordered S. 2098 favorably reported 
with an amendment in the nature of a substitute.

                        COMMITTEE RECOMMENDATION

     The Committee on Energy and Natural Resources, in open 
business session on January 30, 2008, by a voice vote of a 
quorum present, recommends that the Senate pass S. 2098, if 
amended as described herein.

                          COMMITTEE AMENDMENT

     During the consideration of S. 2098, the Committee adopted 
an amendment in the nature of a substitute. The amendment made 
the authorities for the Northern Plains National Heritage Area 
consistent with other heritage area authorizations reported by 
the Committee. The amendment is explained in detail in the 
section-by-section analysis, below.

                      SECTION-BY-SECTION ANALYSIS

     Section 1 provides the short title, the ``Northern Plains 
National Heritage Area Act.''
     Section 2 defines key terms used in the Act.
     Section 3(a) establishes the Northern Plains National 
Heritage Area (``heritage area'') in the State of North Dakota.
     Subsection (b) describes the boundaries of the heritage 
area and lists the counties and significant historic sites that 
the heritage area encompasses.
     Subsection (c) states that a map of the heritage area 
shall be included in the management plan and available on file 
in appropriate offices of the National Park Service.
     Section 4(a) designates the Northern Plains Heritage 
Foundation, as the management entity for the heritage area.
     Subsection (b) details the duties of the management 
entity.
     Subsection (c) lists the authorities of the management 
entity. The subsection authorizes the management entity to use 
Federal funds to prepare activities recommended in the 
management plan for the heritage area, pay for operational 
expenses, make grants and enter into cooperative agreements, 
hire staff, obtain funds or services from any source, and 
contract for goods or services.
     Subsection (d) prohibits the management entity from using 
Federal funds made available under this Act to acquire real 
property or an interest in real property, although it may use 
Federal funds from other sources for authorized purposes, which 
may include property acquisition.
     Section 5(a) requires the management entity to prepare and 
submit for review a management plan to the Secretary no later 
than three years after the date on which the funds are made 
available to carry out this Act.
     Subsection (b) lists the requirements for the contents of 
the management plan.
     Subsection (c) states that if the management plan is not 
submitted within the three-year period, Federal funding is 
suspended until the plan is submitted to the Secretary.
     Subsection (d) requires the Secretary to approve or 
disapprove the management plan within six months after 
receiving the plan and lists the criteria the Secretary is to 
consider in determining whether to approve or disapprove the 
plan.
     Section 6 describes the relationship of other Federal 
agencies to the heritage area.
     Subsection (a) clarifies that nothing in this Act affects 
the authority of a Federal agency to provide technical or 
financial assistance under any other law.
     Subsection (b) authorizes the Secretary to provide 
technical and financial assistance to the local coordinating 
entity to develop and implement the management plan.
     Subsection (c) encourages the head of a Federal agency 
planning to conduct activities that may have an impact on the 
heritage area to consult and coordinate the activities with the 
Secretary and the management entity to the maximum extent 
practicable.
     Subsection (c) clarifies that nothing in this Act modifies 
authorities of Federal agencies to manage Federal land, limits 
the discretion of a Federal agency to implement an approved 
land use plan, or modifies or alters any authorized use of 
Federal land.
     Section 7 contains several savings provisions to clarify 
that the designation of the national heritage area will not 
affect private property rights, affect governmental land use 
regulation, reserve or appropriate water rights, diminish the 
authority of the State to manage fish and wildlife, or create 
any liability for property owners within the heritage area.
     Section 8(a) requires the Secretary to conduct an 
evaluation of the accomplishments of the national heritage area 
not later than three years before the date Federal funding 
authority terminates.
     Subsection (b) provides that the evaluation shall assess 
the progress of the management entity with respect to 
accomplishing the purposes of this Act for the heritage area 
and whether the management entity achieved the goals and 
objectives of the approved management plan for the heritage 
area. The evaluation is also required to analyze governmental 
investments in the heritage area to determine the leverage and 
impact of the investments.
     Subsection (c) requires the Secretary to prepare a report, 
based on the evaluation, that includes recommendations for the 
future role of the National Park Service, if any, for the 
heritage area. If the report recommends that Federal funding 
for the area be reauthorized, it is required to include an 
analysis of ways Federal funding may be reduced or eliminated. 
The report is to be submitted to the House and Senate 
authorizing committees.
     Section 9(a) authorizes total appropriations of $10 
million, with not more than $1 million authorized to be 
appropriated for any fiscal year.
     Subsection (b) requires Federal funding to be matched on a 
50:50 basis with funds from non-Federal sources.
     Section 10 provides that the authority of the Secretary to 
provide assistance under this Act terminates 15 years after the 
date of enactment.

                    COST AND BUDGETARY CONSIDERATIONS

     The following estimate of costs of this measure has been 
provided by the Congressional Budget Office:

S. 2098--Northern Plains National Heritage Area Act

    S. 2098 would establish the Northern Plains National 
Heritage Area (NHA) in South Dakota and designate the Northern 
Plains Heritage Foundation, a local nonprofit organization, as 
the management entity for the NHA. The bill would authorize the 
appropriation of $10 million, not to exceed $1 million 
annually, for financial assistance to the foundation and other 
eligible entities over the next 15 years.
    CBO estimates that implementing S. 2098 would cost $5 
million over the 2009-2013 period and an additional $5 million 
after 2013. Enacting S. 2098 would have no effect on direct 
spending or revenues.
    The bill 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. 
This estimate was approved by Theresa Gullo, 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. 2098. 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. 2098, as ordered reported.

                   CONGRESSIONALLY DIRECTED SPENDING

    In accordance with paragraph 4(b) of rule XLIV of the 
Standing Rules of the Senate, the Committee provides the 
following identification of congressionally directed spending 
items contained in the bill, as reported:
    Section: 9; Provision: Authorization of appropriations; 
Member: Sen. Dorgan.

                        EXECUTIVE COMMUNICATIONS

    The testimony provided by the National Park Service at the 
November 8, 2007 hearing on S. 2098 follows:

    Statement of Katherine H. Stevenson, Acting Assistant Director, 
  Business Services, National Park Service, Department of the Interior

    Mr. Chairman and members of the subcommittee, thank you for 
the opportunity to appear before you today to present the 
Department of the Interior's views on S. 2098, a bill to 
establish the Northern Plains National Heritage Area in the 
State of North Dakota.
    While the Department appreciates the historic, cultural and 
natural features of the area, the Department does not support 
S. 2098. The feasibility study produced by the Northern Plains 
Heritage Foundation did not meet all of the criteria for 
designation as a national heritage area. It did not include the 
existence of significant levels of public involvement and 
support and the local commitments necessary for successful 
planning and implementation of a heritage area. Without further 
dialog with residents in the region and the support of current 
living descendents, we are concerned that the Heritage Area 
would not be poised for success and a sustainable future. 
Success of this grassroots movement depends upon whether or not 
there is strong region-wide support, so we respectfully request 
the Heritage Area proponents engage more residents and Mandan-
Hidatsa descendents in a dialog.
    We remind the committee that our past support of an 
amendment to S. 1544 in the 109th Congress authorizing a study 
did not necessarily mean that the Department would support 
designation of this National Heritage Area.
    We generally have asked that the subcommittee defer action 
on new designations of National Heritage Areas until program 
legislation is enacted. Last year, the Administration sent to 
Congress a legislative proposal to establish such guidelines 
and a process for designation. Bills were introduced in the 
109th Congress (S. 243, H.R. 760 and H.R. 6287) that 
incorporated the majority of the provisions of the 
Administration's proposal, and S. 243 passed the Senate. During 
the 110th Congress, a similar heritage area program bill, S. 
278, has been introduced and reported by the Senate Energy and 
Natural Resources Committee.
    Requiring evidence of broad public support prior to 
designation is consistent with the steps and criteria for the 
National Heritage Area program that have been informally 
implemented for many years. The steps and criteria have been 
developed with input from Congress, existing National Heritage 
Areas, and other experts and are designed to ensure that an 
area has the resources, local interest, and other qualities 
that are critical in establishing a successful National 
Heritage Area. The four critical steps that need to be 
completed before Congress establishes a National Heritage Area 
are:
    1. Completion of a feasibility study;
    2. Public involvement in the feasibility study;
    3. Demonstration of widespread public support among 
heritage area residents for the proposed designation; and
    4. Commitment to the proposal from the appropriate players 
which may include governments, industry, and private, non-
profit organizations, in addition to the local citizenry.
    S. 2098 would establish the Northern Plains National 
Heritage Area. The core area is approximately 80 miles long, 
anchored at each end by nationally designated landmarks. Huff 
Indian Village National Historic Landmark, an ancient Mandan 
Indian Village is the southern anchor and Big Hidatsa Village 
National Historic Landmark, an ancient Hidatsa village located 
within the Knife River Indian Villages National Historic site 
at Stanton, North Dakota, is the northern anchor. Huff and 
Menoken National Historic Landmarks are also state historic 
sites preserved and managed by the State Historical Society of 
North Dakota. This area encompasses the ancient homeland of the 
Mandan and Hidatsa American Indian nations as well as the 
Menoken Indian Village, an early Indian village site just east 
of Bismarck, North Dakota, which also bears national historic 
landmark status.
    The bill designates the Northern Plains Heritage 
Foundation, a non-profit corporation established under the laws 
of the State of North Dakota, as the management entity for the 
Heritage Area and outlines its duties. It also authorizes the 
development of a management plan and technical assistance to 
carry out the plan. The bill also requires the Secretary to 
conduct an evaluation three years prior to the cessation of 
Federal funding under this act.
    Long before the Europeans came to the area, Mandan and 
Hidatsa cultures flourished along the river in North Dakota. 
These early people thrived for centuries in heavily populated 
agricultural communities along the fertile floodplains. They 
also depended on the abundance of fish, game, and other 
wildlife throughout the prairies. They were later followed by 
pioneers and homesteaders-generations of farmers and ranchers 
who continue to cultivate the land and reap the harvest 
provided by the abundance of the Northern Plains environment.
    The villages of these early settlers served as a central 
hub in a trade network that spanned the continent. The Heart 
River segment of the Missouri River was the center of the 
universe for the first people, the Mandans, who constructed 
their permanent earthlodge villages along the Missouri River 
and its tributaries. The Lewis and Clark Expedition even 
benefited from the hospitality and friendship of the Mandan and 
Hidatsa when they spent the winter along the Garrison Reach 
near present-day Washburn.
    Today, the Mandan language is in danger of extinction with 
only two conversational speakers able to participate in a 
preservation project. Therefore, as part of their preservation 
initiatives within the Northern Plains area, the Northern 
Plains Heritage Foundation's language initiative is focusing on 
preserving and archiving language vocabularies, beginning with 
the recording of Mandan language materials. It also is 
supporting the development of instructional materials for 
Mandan, Hidatsa, Arikara, Lakota, French and German language 
teachers. Language has always been a key element that 
characterizes and underpins the cultural integrity and unique 
identity of a people or an ethnic group.
    The Department believes that further evaluation and public 
engagement would ensure widespread public involvement, and 
determine local interest and commitment, thus strengthening the 
current feasibility study. We also believe that further 
examination of the boundaries to include the current Mandan-
Hidatsa homeland and the unique geographical, cultural, and 
historical resources of the Northern Plains area would provide 
other valuable information as to whether the area qualifies for 
designation as a National Heritage Area.
    Mr. Chairman, that concludes my statement. I would be 
pleased to answer any questions you or other members of the 
subcommittee may have.

                        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. 2098, as 
ordered reported.

                                  
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