[Senate Report 110-353]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 785
110th Congress                                                   Report
                                 SENATE
 2d Session                                                     110-353

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



 
                FREEDOM'S WAY NATIONAL HERITAGE AREA ACT

                                _______
                                

                 June 16, 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. 827]

    The Committee on Energy and Natural Resources; to which was 
referred the bill (S. 827) to establish the Freedom's Way 
National Heritage Area in the States of Massachusetts and New 
Hampshire, and for other purposes, 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 ``Freedom's Way National Heritage Area 
Act'' .

SEC. 2. PURPOSES.

    The purposes of this Act are--
          (1) to foster a close working relationship between the 
        Secretary and all levels of government, the private sector, and 
        local communities in the States of Massachusetts and New 
        Hampshire;
          (2) to assist the entities described in paragraph (1) to 
        preserve the special historic identity of the Heritage Area; 
        and
          (3) to manage, preserve, protect, and interpret the cultural, 
        historic, and natural resources of the Heritage Area for the 
        educational and inspirational benefit of future generations.

SEC. 3. DEFINITIONS.

    In this Act:
          (1) Heritage area.--The term ``Heritage Area'' means the 
        Freedom's Way National Heritage Area established by section 
        4(a).
          (2) Local coordinating entity.--The term ``local coordinating 
        entity'' means the local coordinating 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 required under section 
        5(a)(1).
          (4) Map.--The term ``map'' means the map entitled ``Freedom's 
        Way National Heritage Area'', numbered T04/80,000, and dated 
        July 2007.
          (5) Secretary.--The term ``Secretary'' means the Secretary of 
        the Interior.

SEC. 4. ESTABLISHMENT.

    (a) In General.--There is established the Freedom's Way National 
Heritage Area in the States of Massachusetts and New Hampshire.
    (b) Boundaries.--
          (1) In general.--The boundaries of the Heritage Area shall be 
        as generally depicted on the map.
          (2) Revision.--The boundaries of the Heritage Area may be 
        revised if the revision is--
                  (A) proposed in the management plan;
                  (B) approved by the Secretary in accordance with 
                section 6(d); and
                  (C) placed on file in accordance with subsection (c).
    (c) Availability of Map.--The map shall be on file and available 
for public inspection in the appropriate offices of the National Park 
Service and the local coordinating entity.
    (d) Local Coordinating Entity.--The Freedom's Way Heritage 
Association, Inc., shall be the local coordinating entity for the 
Heritage Area.

SEC. 5. DUTIES AND AUTHORITIES OF LOCAL COORDINATING ENTITY.

    (a) Duties of the Local Coordinating Entity.--To further the 
purposes of the Heritage Area, the local coordinating entity shall--
          (1) prepare, and submit to the Secretary, in accordance with 
        section 6, a management plan for the Heritage Area;
          (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 
                and protect 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, historic, and cultural resources of the 
                Heritage Area;
                  (E) protecting and restoring historic buildings in 
                the Heritage Area that are consistent with the themes 
                of the Heritage Area; and
                  (F) ensuring that signs identifying points of public 
                access and sites of interest are posted throughout 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 quarterly 
        regarding the development and implementation of the management 
        plan;
          (5) 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 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;
          (6) 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;
          (7) require in all agreements authorizing expenditures of 
        Federal funds by other organizations, that the receiving 
        organizations make available for audit all records and other 
        information pertaining to the expenditure of the funds; and
          (8) encourage, by appropriate means, economic development 
        that is consistent with the purposes of the Heritage Area.
    (b) Authorities.--The local coordinating entity may, subject to the 
prior approval of the Secretary, for the purposes of preparing and 
implementing the management plan, use Federal funds made available 
under this Act to--
          (1) make grants to the States of Massachusetts and New 
        Hampshire, political subdivisions of the States, nonprofit 
        organizations, and other persons;
          (2) enter into cooperative agreements with, or provide 
        technical assistance to, the States of Massachusetts and New 
        Hampshire, political subdivisions of the States, nonprofit 
        organizations, Federal agencies, and other interested parties;
          (3) hire and compensate staff;
          (4) obtain funds or services from any source, including funds 
        and services provided under any other Federal law or program;
          (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.
    (c) Prohibition on Acquisition of Real Property.--The local 
coordinating entity may not use Federal funds received under this Act 
to acquire any interest in real property.
    (d) Use of Funds for Non-Federal Property.--The local coordinating 
entity may use Federal funds made available under this Act to assist 
non-Federal property that is--
          (1) described in the management plan; or
          (2) listed, or eligible for listing, on the National Register 
        of Historic Places.

SEC. 6. MANAGEMENT PLAN.

    (a) In General.--Not later than 3 years after the date on which 
funds are made available to develop the management plan, 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 the conservation, funding, management, and 
        development of the Heritage Area;
          (2) take into consideration existing State, county, and local 
        plans in the development and implementation of the management 
        plan;
          (3) provide a framework for coordination of the plans 
        considered under paragraph (2) to present a unified historic 
        preservation and interpretation plan;
          (4) contain the contributions of residents, public agencies, 
        and private organizations within the Heritage Area;
          (5) include a description of actions and commitments that 
        governments, private organizations, and citizens plan to take 
        to protect, enhance, and interpret the natural, historic, 
        scenic, and cultural resources of the Heritage Area;
          (6) specify existing and potential sources of funding or 
        economic development strategies to conserve, manage, and 
        develop the Heritage Area;
          (7) include an inventory of the natural, historic, and 
        recreational resources of the Heritage Area, including a list 
        of properties that--
                  (A) are related to the themes of the Heritage Area; 
                and
                  (B) should be conserved, restored, managed, 
                developed, or maintained;
          (8) recommend policies and strategies for resource management 
        that--
                  (A) apply appropriate land and water management 
                techniques;
                  (B) include the development of intergovernmental and 
                interagency agreements to protect the natural, 
                historic, and cultural resources of the Heritage Area; 
                and
                  (C) support economic revitalization efforts;
          (9) describe a program for implementation of the management 
        plan, including--
                  (A) restoration and construction plans or goals;
                  (B) a program of public involvement;
                  (C) annual work plans; and
                  (D) annual reports;
          (10) include an analysis of, and recommendations for, ways in 
        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;
          (11) include an interpretive plan for the Heritage Area; and
          (12) 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) Termination of Funding.--If the management plan is not 
submitted to the Secretary in accordance with this section, the local 
coordinating entity shall not qualify for additional financial 
assistance under this Act until the management plan is submitted to, 
and approved by, the Secretary.
    (d) Approval of Management Plan.--
          (1) Review.--Not later than 180 days after the date on which 
        the Secretary receives the management plan, the Secretary shall 
        approve or disapprove the management plan.
          (2) Criteria for approval.--In determining whether to approve 
        the management plan, the Secretary shall consider whether--
                  (A) the local coordinating entity represents the 
                diverse interests of the Heritage Area, including 
                governments, natural and historic resource protection 
                organizations, educational institutions, businesses, 
                community residents, and recreational organizations;
                  (B) the local coordinating entity has afforded 
                adequate opportunity for public and governmental 
                involvement (including through workshops and public 
                meetings) in the preparation of the management plan;
                  (C) the resource protection and interpretation 
                strategies described in the management plan, if 
                implemented, would adequately protect the natural, 
                historic, and cultural resources of the Heritage Area;
                  (D) the management plan would not adversely affect 
                any activities authorized on Federal or tribal land 
                under applicable laws or land use plans;
                  (E) 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 aspects 
                of the management plan; and
                  (F) the local coordinating entity has demonstrated 
                the financial capability, in partnership with others, 
                to carry out the management plan.
          (3) Action following 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.

SEC. 7. DUTIES AND AUTHORITIES OF THE SECRETARY.

    (a) Technical and Financial Assistance.--
          (1) In general.--On the request of the local coordinating 
        entity, the Secretary may provide technical and financial 
        assistance, on a reimbursable or nonreimbursable basis (as 
        determined by the Secretary), 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, and 
                cultural resources of the Heritage Area; and
                   (B) providing educational, interpretive, and 
                recreational opportunities consistent with the purposes 
                of the Heritage Area.
    (b) Evaluation Report.--
          (1) In General.--Not later than 3 years before the date on 
        which authority for Federal funding terminates for the Heritage 
        Area under section 11, the Secretary shall--
                  (A) conduct an evaluation of the accomplishments of 
                the Heritage Area; and
                  (B) prepare a report with recommendations for the 
                future role of the National Park Service, if any, with 
                respect to the Heritage Area, in accordance with 
                paragraph (3).
          (2) Evaluation.--An evaluation conducted under paragraph 
        (1)(A) shall--
                  (A) assess the progress of the local coordinating 
                entity with respect to--
                          (i) accomplishing the purposes of this Act 
                        for the Heritage Area; and
                          (ii) achieving the goals and objectives of 
                        the approved management plan for the Heritage 
                        Area;
                  (B) analyze the Federal, State, local, and private 
                investments in the Heritage Area to determine the 
                leverage and impact of the investments; and
                  (C) 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.
          (3) Report.--
                  (A) In general.--Based on the evaluation conducted 
                under paragraph (1) (A), 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.
                  (B) Required analysis.--If the report prepared under 
                this paragraph recommends if that Federal funding for 
                the Heritage Area be reauthorized, the report shall 
                include an analysis of--
                          (i) ways in which Federal funding for the 
                        Heritage Area may be reduced or eliminated; and
                          (ii) the appropriate time period necessary to 
                        achieve the recommended reduction or 
                        elimination.
                  (C) Submission to congress.--On completion of a 
                report under this paragraph, the Secretary shall submit 
                the report to--
                          (i) the Committee on Energy and Natural 
                        Resources of the Senate; and
                          (ii) the Committee on Natural Resources of 
                        the House of Representatives.

SEC. 8. 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) 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.
    (c) Other Federal Agencies.--Nothing in this Act--
          (1) modifies, alters, or amends 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. 9. PROPERTY OWNERS 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, problem, or activity conducted within the 
        Heritage Area;
          (2) requires any property owner to--
                  (A) permit public access (including Federal, tribal, 
                State, or local government access) to the property; or
                  (B) modify any provisions of Federal, tribal, State, 
                or local law with regard to public access or use of 
                private land;
          (3) alters any duly adopted land use regulations, approved 
        land use plan, or any other regulatory authority of any 
        Federal, State, or local agency, or tribal government;
          (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 States of Massachusetts 
        and New Hampshire 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. 10. 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) Availability.--Funds made available under subsection (a) shall 
remain available until expended.
    (c) 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. 11. TERMINATION OF FINANCIAL ASSISTANCE.

    The authority of the Secretary to provide financial assistance 
under this Act terminates on the date that is 15 years after the date 
of enactment of this Act.

                                PURPOSE

    The purpose of S. 827 is to establish the Freedom's Way 
National Heritage Area in the Commonwealth of Massachusetts and 
the State of New Hampshire.

                          BACKGROUND AND NEED

    The Freedom's Way National Heritage Area, located northwest 
of Boston, includes 37 communities in Massachusetts and 8 in 
New Hampshire that encompass a series of common themes related 
to the development of American freedom, democracy, 
conservation, social justice, and ethnic diversity. The 
heritage area includes significant historical, cultural, and 
natural sites such as the Minute Man National Historical Park, 
the Oxbow and Great Meadows National Wildlife Refuge, the homes 
of Henry David Thoreau, Ralph Waldo Emerson, Nathanial 
Hawthorne, and Louisa May Alcott. The area also includes 
several national historic landmarks and districts. Both the New 
Hampshire and Massachusetts state legislatures have designated 
the Freedom's Way as a state heritage area.

                          LEGISLATIVE HISTORY

    S. 827 was introduced by Senator Kerry on March 8, 2007. 
Similar legislation, H.R. 1297, was introduced in the House by 
Representatives by Congressman Olver. The text of H.R. 1297 was 
included in H.R. 1483, a bill to authorize the establishment of 
several national heritage areas, which passed the House of 
Representatives by a vote of 291-122 on October 24, 2007. The 
Subcommittee on National Parks held a hearing on S. 827 and 
H.R. 1483 on April 23, 2008.
    At its business meeting on May 7, 2008, the Committee on 
Energy and Natural Resources ordered S. 827 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 May 7, 2008, by a voice vote of a quorum 
present, recommends that the Senate pass S. 827, if amended as 
described herein.

                          COMMITTEE AMENDMENT

    During its consideration of S. 827, the Committee adopted 
an amendment in the nature of a substitute. The amendment 
removes the findings section and makes other conforming 
amendments so that the authorization for the heritage area is 
consistent with other heritage area bills 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 ``Freedom's Way 
National Heritage Area Act''.
    Section 2 lists the purposes of the Act.
    Section 3 defines key terms used in the Act.
    Section 4(a) establishes the Freedom's Way National 
Heritage Area in the Commonwealth of Massachusetts and the 
State of New Hampshire.
    Subsection (b) describes the boundaries of the heritage 
area as depicted on the map.
    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 and the local 
coordinating entity.
    Subsection (d) designates the Freedom's Way Heritage 
Association, Inc., as the local coordinating entity for the 
heritage area.
    Section 5(a) details the duties of the local coordinating 
entity.
    Subsection (b) lists the authorities of the local 
coordinating entity. The subsection authorizes the local 
coordinating 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 (c) prohibits the local coordinating entity from 
using Federal funds made available under this Act to acquire 
real property or an interest in real property.
    Subsection (d) states that the local coordinating entity 
may use Federal funds made available under this Act to assist 
non-Federal property described in the management plan or listed 
(or eligible for listing) on the National Register of Historic 
Places.
    Section 6(a) requires the local coordinating 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 7(a) authorizes the Secretary of the Interior to 
provide technical and financial assistance to the local 
coordinating entity to develop and implement the management 
plan.
    Subsection (b) 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. 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. The Secretary is directed 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 8(a) clarifies that nothing is this Act affects the 
authority of a Federal agency to provide technical or financial 
assistance under any other law.
    Subsection (b) 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 9 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 10(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 11 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. 827--Freedom's Way National Heritage Area Act of 2008

    S. 827 would establish Freedom's Way National Heritage Area 
(NHA) in New Hampshire and Massachusetts and designate the 
Freedom's Way Heritage Association, Inc., 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 
association and other eligible entities over the next 15 years.
    Assuming appropriation of the authorized amounts, CBO 
estimates that implementing S. 827 would cost $5 million over 
the 2009-2013 period and an additional $5 million after 2013. 
Enacting the legislation would have no effect on direct 
spending or revenues.
    S. 827 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.
    On October 10, 2007, CBO transmitted a cost estimate for 
H.R. 1483, the Celebrating America's Heritage Act, as ordered 
reported by the House Committee on Natural Resources on 
September 26, 2007. H.R. 1483 would establish six national 
heritage areas, including the Freedom's Way NHA. The estimated 
cost of S. 827 is the same as the estimated cost of the similar 
provision in H.R. 1483.
    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. 827. 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. 827, 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                 Provision              Member
------------------------------------------------------------------------
10(a).........................  Authorization of   Kerry.
                                 appropriations.
------------------------------------------------------------------------

                        EXECUTIVE COMMUNICATIONS

    The testimony provided by the National Park Service at the 
April 23, 2008, subcommittee hearing on S. 827 follows:

 Statement of Daniel N. Wenk, Deputy Director, 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's views on S. 827, a bill to establish the Freedom's 
Way National Heritage Area in the Commonwealth of Massachusetts 
and the State of New Hampshire.
    While the Department recognizes the appropriateness of 
designating the Freedom's Way National Heritage Area, we 
recommend that the committee defer action on S. 827 and all 
other proposed heritage area designations until program 
legislation is enacted that establishes guidelines and a 
process for the designation of national heritage areas. In 
summer 2006, 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 we 
look forward to continuing to work with Congress on this very 
important issue.
    With 37 national heritage areas designated across 27 
states, and more heritage area legislative proposals in the 
pipeline, the Administration believes it is critical at this 
juncture for Congress to enact national heritage area program 
legislation. This legislation would provide a much-needed 
framework for evaluating proposed national heritage areas, 
offering guidelines for successful planning and management, 
clarifying the roles and responsibilities of all parties, and 
standardizing timeframes and funding for designated areas. 
Program legislation also would clarify the expectation that 
heritage areas would work toward self-sufficiency by outlining 
the necessary steps, including appropriate planning, to achieve 
that shared goal.
    The proposed Freedom's Way National Heritage Area includes 
37 Massachusetts and 8 New Hampshire communities northwest of 
Boston. It includes the Minute Man National Historical Park, 
the Oxbow and Great Meadows National Wildlife Refuges, the 
Concord, Assabet and Sudbury Wild and Scenic Rivers, as well as 
National Historic Landmarks and Districts, and many sites 
listed on the National Register of Historic Places.
    This is a region that substantively influenced our 
democratic forms of governance and the development of 
intellectual traditions that underpin the concepts of American 
freedom, democracy, conservation, social justice, and ethnic 
diversity. Historically prominent leaders in literature and 
intellectual thought found the region to be a source of 
inspiration including Henry David Thoreau, Ralph Waldo Emerson, 
Nathaniel Hawthorne and Louisa May Alcott. It was also the 
locale for expressions of religious freedom and social 
experimentation with the settlements of the Shakers, Millerites 
and Transcendentalists. Its natural and community resources are 
exceptional examples of the rural beauty of the New England 
landscape. The events that occurred here during the American 
Revolution include the ride of Paul Revere and the engagements 
at Lexington and Concord, which are known to virtually every 
elementary school child in the nation.
    The concept of a Freedom's Way National Heritage Area was 
defined in a feasibility study undertaken by the proposed 
management entity, the Freedom's Way Heritage Association, Inc. 
Priorities outlined in this study speak to linkages through 
education and preservation of the region's nationally 
distinctive natural and cultural resources through 
partnerships. The region has a strong partnership base among 
its many cultural institutions, businesses, non-profit 
organizations, local governments, and citizens. The governors 
of both states have endorsed the designation of a national 
heritage area.
    The National Park Service reviewed the national heritage 
area feasibility study undertaken by the proposed management 
entity in July 1997. Since it did not fully address the interim 
national heritage area criteria, representatives of our 
Northeast Region conducted field reconnaissance visits in 
November 2000. Based on the findings of the reconnaissance 
team, the Freedom's Way Heritage Association, Inc. submitted an 
addendum in April 2001 to the 1997 Freedom's Way National 
Heritage Area Feasibility Study entitled ``The Proposed 
Freedom's Way National Heritage Area and Compliance with the 
National Park Service Interim Criteria for National Heritage 
Area Designation.'' The National Park Service evaluated that 
addendum, as well as the original feasibility study, and found 
that the criteria were fully addressed and met.
    Since 2001 when the study was amended, both Massachusetts 
and New Hampshire have enacted legislation establishing state 
heritage area commissions related to Freedom's Way. Although 
these state laws are quite similar to each other, and appear to 
be consistent with the general aims of S. 827, they raise a 
number of issues. For example, each state is authorized to 
establish a Freedom's Way Heritage Area Commission, and among 
other duties ``prepare and implement a unified historic 
preservation and interpretive plan for the area.'' If S. 827 is 
enacted, the Freedom's Way Heritage Association, Inc., a 
nonprofit organization, would be the management entity, and 
would also be charged with developing a comprehensive 
management plan for the area. It is unclear how the heritage 
area would function with three separate management entities 
charged with similar duties. The Massachusetts law states that 
if a federal heritage area is designated by act of Congress, 
the governor may terminate the commission when a federal 
management entity is appointed, but the New Hampshire law 
includes no such provision.
    It is our understanding that if the heritage area is 
federally designated, then both state commissions would not be 
established and the responsibility to prepare the management 
plan would be the duty of the Freedom's Way Heritage 
Association, Inc. as the management entity.
    Mr. Chairman, while the proposed Freedom's Way National 
Heritage Area contains significant natural and cultural 
resources and meets the established criteria for congressional 
designation, we would again request that the committee defer 
action until national heritage area program legislation is 
enacted. However, if the committee chooses to move ahead with 
this bill, the Department would like to work with them to make 
some technical corrections to the bill. In addition, the 
Department would recommend that the bill be amended to include 
an additional requirement for an evaluation to be conducted by 
the Secretary, three years prior to the cessation of federal 
funding under this act. The evaluation would examine the 
accomplishments of the heritage area in meeting the goals of 
the management plan; analyze the leveraging and impact of 
investments to the heritage area; identify the critical 
components of the management structure and sustainability of 
the heritage area; and recommend what future role, if any, the 
National Park Service should have with respect to the heritage 
area.
    Mr. Chairman this completes my testimony. I would be happy 
to answer any questions that you or any of the 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. 827, as ordered 
reported.

                                  
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