Directs the Partnership to submit for approval by the Secretary of the Interior a management plan, which shall contain recommendations and strategies for the conservation, funding, management, and development of the Area.
Prohibits the Partnership from using Federal funds to acquire real property.
Authorizes the Secretary to provide technical assistance and financial assistance to the Partnership for developing and implementing the management plan.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1759 Introduced in House (IH)]
108th CONGRESS
1st Session
H. R. 1759
To establish the Blue Ridge National Heritage Area in the State of
North Carolina, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 10, 2003
Mr. Taylor of North Carolina (for himself and Mr. Ballenger) introduced
the following bill; which was referred to the Committee on Resources
_______________________________________________________________________
A BILL
To establish the Blue Ridge National Heritage Area in the State of
North Carolina, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Blue Ridge National Heritage Area
Act of 2003''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) the Blue Ridge Mountains and the extensive cultural and
natural resources of the Blue Ridge Mountains have played a
significant role in the history of the United States and the
State of North Carolina;
(2) archaeological evidence indicates that the Blue Ridge
Mountains have been inhabited by humans since the last retreat
of the glaciers, with the Native Americans living in the area
at the time of European discovery being primarily of Cherokee
descent;
(3) the Blue Ridge Mountains of western North Carolina,
including the Great Smoky Mountains, played a unique and
significant role in the establishment and development of the
culture of the United States through several distinct legacies,
including--
(A) the craft heritage that--
(i) was first influenced by the Cherokee
Indians;
(ii) was the origin of--
(I) the traditional craft movement
starting in 1900; and
(II) the contemporary craft
movement starting in the 1940's; and
(iii) is carried out by over 4,000
craftspeople in the Blue Ridge Mountains of
western North Carolina, the third largest
concentration of such people in the United
States;
(B) a musical heritage comprised of distinctive
instrumental and vocal traditions that--
(i) includes stringband music, bluegrass,
ballad singing, blues, and sacred music;
(ii) has received national recognition; and
(iii) has made the region 1 of the richest
repositories of traditional music and folklife
in the United States;
(C) the Cherokee heritage--
(i) dating back thousands of years; and
(ii) offering--
(I) nationally significant cultural
traditions practiced by the Eastern
Band of Cherokee Indians;
(II) authentic tradition bearers;
(III) historic sites; and
(IV) historically important
collections of Cherokee artifacts; and
(D) the agricultural heritage established by the
Cherokee Indians, including medicinal and ceremonial
food crops, combined with the historic European
patterns of raising livestock, culminating in the
largest number of specialty crop farms in North
Carolina;
(4) the artifacts and structures associated with those
legacies are unusually well-preserved;
(5) the Blue Ridge Mountains are recognized as having 1 of
the richest collections of historical resources in North
America;
(6) the history and cultural heritage of the Blue Ridge
Mountains are shared with the States of Virginia, Tennessee,
and Georgia;
(7) there are significant cultural, economic, and
educational benefits in celebrating and promoting this mutual
heritage;
(8) according to the 2002 reports entitled ``The Blue Ridge
Heritage and Cultural Partnership'' and ``Western North
Carolina National Heritage Area Feasibility Study and Plan'',
the Blue Ridge Mountains contain numerous resources that are of
outstanding importance to the history of the United States; and
(9) it is in the interest of the United States to preserve
and interpret the cultural and historical resources of the Blue
Ridge Mountains for the education and benefit of present and
future generations.
(b) Purpose.--The purpose of this Act is to foster a close working
relationship with, and to assist, all levels of government, the private
sector, and local communities in the State in managing, preserving,
protecting, and interpreting the cultural, historical, and natural
resources of the Heritage Area while continuing to develop economic
opportunities.
SEC. 3. DEFINITIONS.
In this Act:
(1) Heritage area.--The term ``Heritage Area'' means the
Blue Ridge National Heritage Area established by section 4(a).
(2) Management entity.--The term ``management entity''
means the management entity for the Heritage Area designated by
section 4(c).
(3) Management plan.--The term ``management plan'' means
the management plan for the Heritage Area approved under
section 5.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) State.--The term ``State'' means the State of North
Carolina.
SEC. 4. BLUE RIDGE NATIONAL HERITAGE AREA.
(a) Establishment.--There is established the Blue Ridge National
Heritage Area in the State.
(b) Boundaries.--The Heritage Area shall consist of the counties of
Alleghany, Ashe, Avery, Buncombe, Burke, Caldwell, Cherokee, Clay,
Graham, Haywood, Henderson, Jackson, McDowell, Macon, Madison,
Mitchell, Polk, Rutherford, Surry, Swain, Transylvania, Watauga,
Wilkes, Yadkin, and Yancey in the State.
(c) Management Entity.--
(1) In general.--As a condition of the receipt of funds
made available under section 9(a), the Blue Ridge National
Heritage Area Partnership shall be the management entity for
the Heritage Area.
(2) Board of directors.--The management entity shall be
governed by a board of directors composed of 9 members, of
whom--
(A) 2 members shall be appointed by AdvantageWest;
(B) 2 members shall be appointed by HandMade In
America, Inc.;
(C) 1 member shall be appointed by the Education
and Research Consortium of Western North Carolina;
(D) 1 member shall be appointed by the Eastern Band
of the Cherokee Indians; and
(E) 3 members shall--
(i) be appointed by the Governor of the
State;
(ii) reside in geographically diverse
regions of the Heritage Area;
(iii) be a representative of State or local
governments or the private sector; and
(iv) have knowledge of tourism, economic
and community development, regional planning,
historic preservation, cultural or natural
resources development, regional planning,
conservation, recreational services, education,
or museum services.
SEC. 5. MANAGEMENT PLAN.
(a) In General.--Not later than 3 years after the date of enactment
of this Act, the management entity shall submit to the Secretary for
approval a management plan for the Heritage Area.
(b) Consideration of Other Plans and Actions.--In developing the
management plan, the management entity shall--
(1) for the purpose of presenting a unified preservation
and interpretation plan, take into consideration Federal,
State, and local plans; and
(2) provide for the participation of residents, public
agencies, and private organizations in the Heritage Area.
(c) Contents.--The management plan shall--
(1) present comprehensive recommendations and strategies
for the conservation, funding, management, and development of
the Heritage Area;
(2) identify existing and potential sources of Federal and
non-Federal funding for the conservation, management, and
development of the Heritage Area; and
(3) include--
(A) an inventory of the cultural, historical,
natural, and recreational resources of the Heritage
Area, including a list of property that--
(i) relates to the purposes of the Heritage
Area; and
(ii) should be conserved, restored,
managed, developed, or maintained because of
the significance of the property;
(B) a program of strategies and actions for the
implementation of the management plan that identifies
the roles of agencies and organizations that are
involved in the implementation of the management plan;
(C) an interpretive and educational plan for the
Heritage Area;
(D) a recommendation of policies for resource
management and protection that develop
intergovernmental cooperative agreements to manage and
protect the cultural, historical, natural, and
recreational resources of the Heritage Area; and
(E) an analysis of ways in which Federal, State,
and local programs may best be coordinated to promote
the purposes of this Act.
(d) Effect of Failure To Submit.--If a management plan is not
submitted to the Secretary by the date described in subsection (a), the
Secretary shall not provide any additional funding under this Act until
a management plan is submitted to the Secretary.
(e) Approval or Disapproval of Management Plan.--
(1) In general.--Not later than 90 days after receiving the
management plan submitted under subsection (a), the Secretary
shall approve or disapprove the management plan.
(2) Criteria.--In determining whether to approve the
management plan, the Secretary shall consider whether the
management plan--
(A) has strong local support from landowners,
business interests, nonprofit organizations, and
governments in the Heritage Area; and
(B) has a high potential for effective partnership
mechanisms.
(3) Action following disapproval.--If the Secretary
disapproves a management plan under subsection (e)(1), the
Secretary shall--
(A) advise the management entity in writing of the
reasons for the disapproval;
(B) make recommendations for revisions to the
management plan; and
(C) allow the management entity to submit to the
Secretary revisions to the management plan.
(4) Deadline for approval of revision.--Not later than 60
days after the date on which a revision is submitted under
paragraph (3)(C), the Secretary shall approve or disapprove the
proposed revision.
(f) Amendment of Approved Management Plan.--
(1) In general.--After approval by the Secretary of a
management plan, the management entity shall periodically--
(A) review the management plan; and
(B) submit to the Secretary, for review and
approval, the recommendation of the management entity
for any amendments to the management plan.
(2) Use of funds.--No funds made available under section
9(a) shall be used to implement any amendment proposed by the
management entity under paragraph (1)(B) until the Secretary
approves the amendment.
SEC. 6. AUTHORITIES AND DUTIES OF THE MANAGEMENT ENTITY.
(a) Authorities.--For the purposes of developing and implementing
the management plan, the management entity may use funds made available
under section 9(a) to--
(1) make loans and grants to, and enter into cooperative
agreements with, the State (including a political subdivision),
nonprofit organizations, or persons;
(2) hire and compensate staff; and
(3) enter into contracts for goods and services.
(b) Duties.--In addition to developing the management plan, the
management entity shall--
(1) develop and implement the management plan while
considering the interests of diverse units of government,
businesses, private property owners, and nonprofit groups in
the Heritage Area;
(2) conduct public meetings in the Heritage Area at least
semiannually on the development and implementation of the
management plan;
(3) give priority to the implementation of actions, goals,
and strategies in the management plan, including providing
assistance to units of government, nonprofit organizations, and
persons in--
(A) carrying out the programs that protect
resources in the Heritage Area;
(B) encouraging economic viability in the Heritage
Area in accordance with the goals of the management
plan;
(C) establishing and maintaining interpretive
exhibits in the Heritage Area;
(D) developing recreational and educational
opportunities in the Heritage Area; and
(E) increasing public awareness of and appreciation
for the cultural, historical, and natural resources of
the Heritage Area; and
(4) for any fiscal year for which Federal funds are
received under section 9(a)--
(A) submit to the Secretary a report that
describes, for the fiscal year--
(i) the accomplishments of the management
entity;
(ii) the expenses and income of the
management entity; and
(iii) each entity to which a grant was
made;
(B) make available for audit by Congress, the
Secretary, and appropriate units of government, all
records relating to the expenditure of funds and any
matching funds; and
(C) require, for all agreements authorizing
expenditure of Federal funds by any entity, that the
receiving entity make available for audit all records
relating to the expenditure of funds.
(c) Prohibition on the Acquisition of Real Property.--The
management entity shall not use Federal funds received under section
9(a) to acquire real property or an interest in real property.
SEC. 7. TECHNICAL AND FINANCIAL ASSISTANCE.
(a) In General.--The Secretary may provide to the management entity
technical assistance and, subject to the availability of
appropriations, financial assistance, for use in developing and
implementing the management plan.
(b) Priority for Assistance.--In providing assistance under
subsection (a), the Secretary shall give priority to actions that
facilitate--
(1) the preservation of the significant cultural,
historical, natural, and recreational resources of the Heritage
Area; and
(2) the provision of educational, interpretive, and
recreational opportunities that are consistent with the
resources of the Heritage Area.
SEC. 8. LAND USE REGULATION.
(a) In General.--Nothing in this Act--
(1) grants any power of zoning or land use to the
management entity; or
(2) modifies, enlarges, or diminishes any authority of the
Federal Government or any State or local government to regulate
any use of land under any law (including regulations).
(b) Private Property.--Nothing in this Act--
(1) abridges the rights of any person with respect to
private property;
(2) affects the authority of the State or local government
with respect to private property; or
(3) imposes any additional burden on any property owner.
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 shall be
made available for any fiscal year.
(b) Non-Federal Share.--The non-Federal share of the cost of any
activities carried out using Federal funds made available under
subsection (a) shall be not less than 50 percent.
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.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Resources.
Referred to the Subcommittee on National Parks, Recreation and Public Lands.
Executive Comment Requested from Interior.
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