[Senate Report 110-368]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 800
110th Congress                                                   Report
                                 SENATE
 2d Session                                                     110-368

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



 
              MISSISSIPPI DELTA 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. 2512]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 2512) to establish the Mississippi Delta 
National Heritage Area in the State of Mississippi, 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 ``Mississippi Delta National Heritage 
Area Act of 2008''.

SEC. 2. DEFINITIONS.

  In this Act:
          (1) Board.--The term ``Board'' means the Board of Directors 
        of the local coordinating entity.
          (2) Heritage area.--The term ``Heritage Area'' means the 
        Mississippi Delta National Heritage Area established by section 
        3(a).
          (3) Local coordinating entity.--The term ``local coordinating 
        entity'' means the local coordinating entity for the Heritage 
        Area designated by section 3(d)(1).
          (4) Management plan.--The term ``management plan'' means the 
        management plan for the Heritage Area developed under section 
        5.
          (5) Map.--The term ``map'' means the map entitled 
        ``Mississippi Delta National Heritage Area'', numbered T13/
        80,000, and dated April 2008.
          (6) Secretary.--The term ``Secretary'' means the Secretary of 
        the Interior.
          (7) State.--The term ``State'' means the State of 
        Mississippi.

SEC. 3. ESTABLISHMENT.

  (a) Establishment.--There is established in the State the Mississippi 
Delta National Heritage Area.
  (b) Boundaries.--The Heritage Area shall include all counties in the 
State that contain land located in the alluvial floodplain of the 
Mississippi Delta, including Bolivar, Carroll, Coahoma, Desoto, Holmes, 
Humphreys, Issaquena, Leflore, Panola, Quitman, Sharkey, Sunflower, 
Tallahatchie, Tate, Tunica, Warren, Washington, and Yazoo Counties in 
the State, as depicted on the map.
  (c) Availability of Map.--The map shall be on file and available for 
public inspection in the office of the Director of the National Park 
Service.
  (d) Local Coordinating Entity.--
          (1) Designation.--The Mississippi Delta National Heritage 
        Area Partnership shall be the local coordinating entity for the 
        Heritage Area.
          (2) Board of directors.--
                  (A) Composition.--
                          (i) In general.--The local coordinating 
                        entity shall be governed by a Board of 
                        Directors composed of 15 members, of whom--
                                  (I) 1 member shall be appointed by 
                                Delta State University;
                                  (II) 1 member shall be appointed by 
                                Mississippi Valley State University;
                                  (III) 1 member shall be appointed by 
                                Alcorn State University;
                                  (IV) 1 member shall be appointed by 
                                the Delta Foundation;
                                  (V) 1 member shall be appointed by 
                                the Smith Robertson Museum;
                                  (VI) 1 member shall be appointed from 
                                the office of the Governor of the 
                                State;
                                  (VII) 1 member shall be appointed by 
                                Delta Council;
                                  (VIII) 1 member shall be appointed 
                                from the Mississippi Arts Commission;
                                  (IX) 1 member shall be appointed from 
                                the Mississippi Department of Archives 
                                and History.
                                  (X) 1 member shall be appointed from 
                                the Mississippi Humanities Council; and
                                  (XI) up to 5 additional members shall 
                                be appointed for staggered 1- and 2-
                                year terms by County boards in the 
                                Heritage Area.
                          (ii) Residency requirements.--At least 7 
                        members of the Board shall reside in the 
                        Heritage Area.
                  (B) Officers.--
                          (i) In general.--At the initial meeting of 
                        the Board, the members of the Board shall 
                        appoint a Chairperson, Vice Chairperson, and 
                        Secretary/Treasurer.
                          (ii) Duties.--
                                  (I) Chairperson.--The duties of the 
                                Chairperson shall include--
                                          (aa) presiding over meetings 
                                        of the Board;
                                          (bb) executing documents of 
                                        the Board; and
                                          (cc) coordinating activities 
                                        of the Heritage Area with 
                                        Federal, State, local, and 
                                        nongovernmental officials.
                                  (II) Vice chairperson.--The Vice 
                                Chairperson shall act as Chairperson in 
                                the absence or disability of the 
                                Chairperson.
                  (C) Management authority.--
                          (i) In general.--The Board shall--
                                  (I) exercise all corporate powers of 
                                the local coordinating entity;
                                  (II) manage the activities and 
                                affairs of the local coordinating 
                                entity; and
                                  (III) subject to any limitations in 
                                the articles and bylaws of the local 
                                coordinating entity, this Act, and any 
                                other applicable Federal or State law, 
                                establish the policies of the local 
                                coordinating entity.
                          (ii) Staff.--The Board shall have the 
                        authority to employ any services and staff that 
                        are determined to be necessary by a majority 
                        vote of the Board.
                  (D) Bylaws.--
                          (i) In general.--The Board may amend or 
                        repeal the bylaws of the local coordinating 
                        entity at any meeting of the Board by a 
                        majority vote of the Board.
                          (ii) Notice.--The Board shall provide notice 
                        of any meeting of the Board at which an 
                        amendment to the bylaws is to be considered 
                        that includes the text or a summary of the 
                        proposed amendment.
                  (E) Minutes.--Not later than 60 days after a meeting 
                of the Board, the Board shall distribute the minutes of 
                the meeting among all Board members and the county 
                supervisors in each county within the Heritage Area.

SEC. 4. 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 5, 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, protect, and enhance important resource 
                values within the Heritage Area;
                  (B) establishing and maintaining interpretive 
                exhibits and programs within the Heritage Area;
                  (C) developing recreational and educational 
                opportunities in the Heritage Area;
                  (D) increasing public awareness of, and appreciation 
                for, natural, historic, scenic, and cultural resources 
                of the Heritage Area;
                  (E) protecting and restoring historic sites and 
                buildings in the Heritage Area that are consistent with 
                the themes of the Heritage Area;
                  (F) ensuring that signs identifying points of public 
                access and sites of interest are posted throughout the 
                Heritage Area; and
                  (G) promoting a wide range of partnerships among 
                governments, organizations, and individuals to further 
                the purposes of the Heritage Area;
          (3) consider the interests of diverse units of government, 
        businesses, organizations, and individuals in the Heritage Area 
        in the preparation and implementation of the management plan;
          (4) conduct meetings open to the public at least semiannually 
        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 State, political subdivisions of the 
        State, nonprofit organizations, and other persons;
          (2) enter into cooperative agreements with, or provide 
        technical assistance to, the State, political subdivisions of 
        the State, 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.

SEC. 5. 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 telling the story of the heritage of the 
        region and encouraging long-term resource protection, 
        enhancement, interpretation, 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) include a description of actions and commitments that 
        governments, private organizations, and citizens plan to take 
        to protect, enhance, and interpret the cultural, historical, 
        archaeological, natural, and recreational resources of the 
        Heritage Area;
          (4) specify existing and potential sources of funding or 
        economic development strategies to protect, enhance, interpret, 
        fund, manage, and develop the Heritage Area;
          (5) include an inventory of the cultural, historical, 
        archaeological, natural, and recreational resources of the 
        Heritage Area relating to the stories and themes of the region 
        that should be protected, enhanced, managed, or developed;
          (6) recommend policies and strategies for resource management 
        including, the development of intergovernmental and interagency 
        agreements to protect the natural, historic, cultural, 
        educational, scenic, and recreational resources of the Heritage 
        Area;
          (7) describe a program for implementation of the management 
        plan, including--
                  (A) performance goals;
                  (B) plans for resource protection, enhancement, and 
                interpretation; and
                  (C) specific commitments for implementation that have 
                been made by the local coordinating entity or any 
                government, organization, business, or individual;
          (8) 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;
          (9) include an interpretive plan for the Heritage Area; and
          (10) 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 subsection, 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) Consultation required.--The Secretary shall consult with 
        the Governor of the State and any tribal government in which 
        the Heritage Area is located before approving the management 
        plan.
          (3) 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 cultural, 
                historical, archaeological, natural, and recreational 
                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.
          (4) 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.
          (5) 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. 6. 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 cultural, historical, 
                archaeological, natural, and recreational resources of 
                the Heritage Area; and
                  (B) providing educational, interpretive, and 
                recreational opportunities consistent with the purposes 
                of the Heritage Area.
          (4) Prohibition of certain requirements.--The Secretary may 
        not, as a condition of the provision of technical or financial 
        assistance under this subsection, require any recipient of the 
        assistance to impose or modify any land use restriction or 
        zoning ordinance.
  (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 10, 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 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. 7. 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. 8. 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, program, 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 State to manage fish and 
        wildlife, including the regulation of fishing and hunting 
        within the Heritage Area;
          (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;
          (8) restricts an Indian tribe from protecting cultural or 
        religious sites on tribal land; or
          (9) diminishes the trust responsibilities of government-to-
        government obligations of the United States of any federally 
        recognized Indian tribe.

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--
                  (A) shall be from non-Federal sources; and
                  (B) may be in the form of in-kind contributions of 
                goods or services fairly valued.

SEC. 10. 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. 2512 is to designate the Mississippi 
Delta National Heritage Area in the State of Mississippi.

                          BACKGROUND AND NEED

    The Mississippi Delta National Heritage Area would 
encompass 18 counties along the Mississippi River Delta in 
western Mississippi. The area has been strongly influenced by 
the immigration of people of African, Asian, and European 
descent to the United States. The Mississippi Delta has been 
the backdrop for a culture of the United States, not found 
anywhere else, including the birth of Delta Blues music and the 
setting for the popular Mark Twain stories.
    Congress authorized a study of the entire Mississippi Delta 
region in 1994 and the study was completed in 1998. The bill 
requires that the Mississippi Delta National Heritage Area 
Partnership be the coordinating entity for the heritage area.

                          LEGISLATIVE HISTORY

    S. 2512 was introduced by Senator Cochran on December 18, 
2007. Senator Wicker is a cosponsor. The Subcommittee on 
National Parks held a hearing on the bill on April 23, 2008.
    At its business meeting on May 7, 2008, the Committee on 
Energy and Natural Resources ordered S. 2512 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. 2512, if amended as 
described herein.

                          COMMITTEE AMENDMENT

    During the consideration of S. 2512, the Committee adopted 
an amendment in the nature of a substitute. The amendment 
removes the findings section, incorporates consistent with 
other national heritage area designations reported by the 
Committee, and makes other clarifying and conforming changes. 
The amendment is described in detail in the section-by-section 
analysis, below.

                      SECTION-BY-SECTION ANALYSIS

    Section 1 provides the short title, the ``Mississippi Delta 
National Heritage Area Act of 2008.''
    Section 2 defines the key terms used in the Act.
    Section 3(a) establishes the Mississippi Delta National 
Heritage Area (``heritage area'') in the State of Mississippi.
    Subsection (b) describes the boundaries of the heritage 
area and lists the counties as depicted on the referenced map.
    Subsection (c) states that a map of the heritage area shall 
be made available on file in appropriate offices of the 
National Park Service.
    Subsection (d) authorizes the Mississippi Delta National 
Heritage Area Partnership as the local coordinating entity for 
the heritage area, and describes the composition of its Board 
of Directors.
    Section 4 describes the duties and authorities of the local 
coordinating entity.
    Subsection (a) requires the local coordinating entity to 
prepare and submit a management plan to the Secretary for the 
heritage area.
    Subsection (b) details the authorities of the management 
entity.
    Subsection (c) prohibits the acquisition of any interest in 
real property.
    Section 5(a) requires the management entity to prepare and 
submit for review a management plan to the Secretary not 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 180 days after receiving 
the plan and lists the criteria the Secretary is to consider in 
determining whether to approve or disapprove the plan.
    Section 6(a) authorizes the Secretary to provide technical 
and financial assistance to the local coordinating entity in 
developing and implementing the management plan.
    Subsection (b) requires that the Secretary conduct an 
evaluation of the heritage area and prepare a report with 
recommendations for the future role of the National Park 
Service, no later than 3 years before the date on which 
authority for federal funding terminates.
    Section 7 describes the relationship of the heritage area 
to other Federal Agencies.
    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) 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 8 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, and diminish 
the authority of the State to manage fish and wildlife, or 
create any liability for property owners within the heritage 
area.
    Section 9(a) authorizes the 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 the 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. 2512--Mississippi Delta National Heritage Area Act of 2008

    S. 2512 would establish the Mississippi Hills National 
Heritage Area (NHA) in Mississippi and designate the 
Mississippi Delta National Heritage Area Partnership, 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 
partnership and other eligible entities over the next 15 years.
    Assuming appropriation of the authorized amounts, CBO 
estimates that implementing S. 2512 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. 2512 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. 2512. 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. 2512, 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
------------------------------------------------------------------------
9...............................  Authorization of    Cochran
                                   appropriations.
------------------------------------------------------------------------

                        EXECUTIVE COMMUNICATIONS

    The testimony provided by the National Park Service at the 
April 23, 2008, hearing on S. 2512 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 views 
of the Department of the Interior on S. 2512, a bill to 
establish the Mississippi Delta National Heritage Area in the 
State of Mississippi.
    The Department cannot support S. 2512 unless the bill is 
amended to be a feasibility study for a Mississippi Delta 
National Heritage Area. The Department believes that a 
feasibility study should be required for every proposed 
national heritage area and the study should be evaluated 
against our interim criteria before designation. The standards 
for evaluating areas proposed for national designation are an 
essential element prior to establishing a national heritage 
area. A study should be prepared that demonstrates evidence of 
place-based resources that tell a nationally important story, 
which has the support and involvement of the local community.
    Various congressionally mandated studies have previously 
gathered information on the Mississippi Delta region, including 
the Lower Mississippi Delta Region Heritage Study and the 
Mississippi River Corridor Study. While these studies have 
confirmed the importance and significance of the Mississippi 
Delta region, they were undertaken before generally accepted 
criteria for designating heritage areas had been established, 
and were directed at a much larger region than the area 
encompassed by this bill.
    The Department is willing to provide advice or assistance 
in the completion of a study that meets applicable standards 
and provides Congress with the necessary information and 
assessment upon which to base its decision regarding 
designation in the future.
    With 37 national heritage areas designated across 27 
states, and more heritage area legislative proposals 
forthcoming, the Administration believes it is critical 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 would also clarify the expectation that 
heritage areas would work toward self-sufficiency by outlining 
the necessary steps, including appropriate planning, to achieve 
that goal.
    The Mississippi River's role as a major transporter of 
goods and people has long influenced the Delta's history and 
character. Since the earliest days of human habitation, the 
Mississippi River has been essential for transportation, 
communication, and commerce. The river and associated 
ecosystems are part of North America's largest wetland area and 
provide habitat for a wide variety of flora, fauna, and aquatic 
species. Archeological sites across the Delta attest to the 
thousands of years of human occupation.
    The Mississippi Delta's cultural traditions are rich and 
diverse; it is a land of converging cultures. The Delta has 
also been the site of a number of important historic events, 
such as the Great Flood of 1927 and the Civil Rights Movement.
    S. 2512 would establish a Mississippi Delta National 
Heritage Area along the lines outlined in the Lower Mississippi 
Delta Region Heritage Study, but covering a substantially 
smaller area, located entirely in the State of Mississippi. It 
would include some 18 counties in the State located within the 
alluvial floodplain of the Mississippi River. It would also 
encompass the Delta National Forest.
    The bill designates the Mississippi Delta National Heritage 
Area Partnership as the coordinating entity of the heritage 
area. The Partnership is to be governed by a board of directors 
composed of 15 members. The members are to be appointed by 
various entities, including the Governor; various universities, 
councils, and commissions; and County boards from the heritage 
area.
    Mr. Chairman, the Department is prepared to work with the 
subcommittee on amending S. 2512 to authorize a feasibility 
study for a Mississippi Delta National Heritage Area.
    This concludes my prepared remarks. I would be pleased to 
answer any questions you or any 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. 2512, as 
ordered reported.

                                  
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