Abraham Lincoln National Heritage Area Act - Establishes the Abraham Lincoln National Heritage Area in Illinois.
Designates the Looking for Lincoln Heritage Coalition as the management entity for the Area.
Allows the Coalition, using funds made available under this Act, to prepare a management plan for the Area and reports, studies, interpretive exhibits and programs, historic preservation projects, and other activities recommended in the plan.
Prohibits the Coalition from using Federal funds received under this Act to acquire real property.
Directs the Coalition to submit to the Secretary of the Interior a management plan reviewed by participating units of government within the Area's boundaries which shall, among other things: (1) contain a comprehensive program for conservation, interpretation, funding, management, and development and historical, cultural, and natural resources and recreational and educational opportunities of the Area; and (2) include a business plan detailing the functions of the local coordinating entity and of activities included in recommendations contained in the plan. Requires the Secretary to approve or disapprove the proposed plan not later than 90 days after receiving it.
Authorizes the Secretary to provide technical and financial assistance to the Coalition for the development and implementation of the management plan.
Requires the Coalition to provide assistance and encouragement to State and local governments, private organizations, and persons to protect and promote the Area's resources and values.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1192 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 1192
To establish the Abraham Lincoln National Heritage Area, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 9, 2005
Mr. LaHood (for himself, Mr. Rahall, Mr. Shimkus, Mr. Hastert, Mr.
Emanuel, Mr. English of Pennsylvania, Mr. Lipinski, Mr. Issa, Mr.
Souder, Ms. Slaughter, Mr. Evans, Mr. Jackson of Illinois, Mr.
Gutierrez, Mr. Hyde, Mr. Davis of Illinois, Ms. Schakowsky, Mr. Kirk,
Mr. Weller, Mr. Costello, Mrs. Biggert, Mr. Johnson of Illinois, Mr.
Manzullo, Mr. Rush, and Ms. Bean) introduced the following bill; which
was referred to the Committee on Resources
_______________________________________________________________________
A BILL
To establish the Abraham Lincoln National Heritage Area, 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 ``Abraham Lincoln National Heritage Area
Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Heritage Area is a cohesive assemblage of natural,
historic, cultural, or recreational resources that--
(A) together represent distinctive aspects of
American heritage worthy of recognition, conservation,
interpretation, and continuing use; and
(B) are best managed through partnerships between
private and public entities.
(2) The Heritage Area reflects traditions, customs,
beliefs, or folklife, or some combination thereof, that are a
valuable part of the heritage of the United States.
(3) The Heritage Area provides outstanding opportunities to
conserve natural, cultural, or historic features, or a
combination thereof.
(4) The Heritage Area provides outstanding recreational and
interpretive opportunities.
(5) The Heritage Area has an identifiable theme and
resources important to the theme retain integrity capable of
supporting interpretation.
(6) Residents, nonprofit organizations, other private
entities, and units of government throughout the Heritage Area
demonstrate support for designation of the Heritage Area as a
national heritage area and for management of the Heritage Area
as appropriate for such designation.
(7) As our Nation enters the 21st Century, there is a
compelling need to educate and cultivate among our citizens,
particularly youth, an understanding appreciation for, and a
renewed commitment to integrity, courage, self-initiative, and
principled leadership in public and private life.
(8) Few individuals in our Nation's history have as broadly
exemplified such qualities as Abraham Lincoln, and few have so
profoundly influenced United States history and the Character
of our Nation as has our 16th president.
(9) The story and example of Lincoln's life-his inspiring
rise from humble origins to the highest office in the land, and
his decisive leadership through the most harrowing and
dangerous time in our Nation's history, continues to bring hope
and inspiration to millions in our country and around the
world.
(10) The great issues of Lincoln's time, national unity,
equality and race relations, the capacity for democratic
government and ideals to address these and related issues,
continue to this day to define the challenges facing our
Nation. The ideals Lincoln espoused and the sentiments he
expressed in keeping our Nation together are as relevant today
as they were in his troubled time.
(11) Illinois is known throughout the world as the land of
Abraham Lincoln. Unquestionably, the physical, social, and
cultural landscape of Illinois helped mold Lincoln's character.
``Here I have lived a quarter of a century, and have passed
from a young to an old man,'' Lincoln remarked on leaving. ``To
this place and the kindness of these people I owe everything''.
(12) Lincoln, in turn, left his own traces across the
Illinois landscape. They remain today in the form of stories,
folklore, artifacts, buildings, streetscapes, and landscapes.
Though scattered geographically and in varying states of
development and interpretation, together they bring an
immediacy and tangible quality to the powerful Lincoln legacy.
Individually and collectively, they constitute an important
national cultural and historic resource.
(13) In particular the stories and cultural resources of
the region's Lincoln legacy_
(A) reflect the values and attitudes, the obstacles
and ingenuity, the failures and accomplishments, the
human frailties and strength of character of the men
and women who made up the diverse people of Lincoln's
generation of Americans, including upland Southerners
and Northeastern Yankees, Anglo-settlers and American
Indians, ``free'' blacks, abolitionists, and their
critics;
(B) reflect the material culture and relative
levels of technical sophistication in the United States
in Lincoln's time;
(C) recreate the physical environment, revealing
its impact on agriculture, transportation, trade,
business, and social and cultural patterns in urban and
rural settings; and
(D) interpret the effect of the era's democratic
ethos on the development of our Nation's legal and
political institutions and distinctive political
culture.
(14) Three previous studies--``Abraham Lincoln Research and
Interpretive Center Suitability/Feasibility Study'' by the
National Park Service (1991), ``Looking for Lincoln Illinois
Heritage Tourism Project'' commissioned by the State of
Illinois Department of Commerce and Community Affairs in
cooperation with the Illinois Historic Preservation Agency
(1998), and the ``Feasibility Study for the Proposed Abraham
Lincoln National Heritage Area'' revised in 2003, help document
a sufficient assemblage of nationally distinctive historical
resources to demonstrate the feasibility and need to establish
the Heritage Area.
(15) The National Park Service operates and maintains the
Lincoln Home National Historic Site in Springfield, Illinois,
and is responsible for advocating the protection and
interpretation of the Nation's cultural and historic resources
and encouraging the development of interpretive context for
these resources through appropriate planning and preservation.
(16) The Heritage Area can strengthen, complement, and
support the Lincoln Home National Historic Site through the
interpretation and conservation of the associated living
landscapes outside of the boundaries of this historic site.
(17) There is a Federal interest in supporting the
development of a regional framework and context to partner with
and assist the National Park Service, the State of Illinois,
local organizations and governments, and private citizens to
conserve, protect, and bring recognition to the resources of
the Heritage Area for the educational and recreational benefit
of this and future generations.
(18) Communities throughout this region know the value of
their Lincoln legacy, but need to expand upon an existing
cooperative framework and technical assistance to achieve
important goals by working together.
(19) The State of Illinois, Department of Commerce and
Economic Opportunity, and Bureau of Tourism officially
designated ``Looking for Lincoln'' as a State Heritage Tourism
Area and has identified the story of Lincoln as a key
destination driver for the State.
(20) Looking for Lincoln Heritage Coalition, the management
entity for the Heritage Area, is a non-profit corporation
created for the purposes of preserving, interpreting,
developing, promoting, and making available to the public the
story and resources related to the story of Abraham Lincoln's
adult life in Illinois and contributions to society and would
be an appropriate entity to oversee the development of the
Heritage Area.
(21) Looking for Lincoln Heritage Coalition has completed a
business plan that--
(A) describes in detail the role, operation,
financing, and functions of Looking For Lincoln
Heritage Coalition, as the management entity; and
(B) provides adequate assurances that Looking For
Lincoln Heritage Coalition is likely to have the
financial resources necessary to implement the
management plan for the Heritage Area, including
resources to meet matching requirement for grants.
SEC. 3. DEFINITIONS.
For the purposes of this Act, the following definitions apply:
(1) Management entity.--The term ``management entity''
means, Looking for Lincoln Heritage Coalition, an entity
recognized by the Secretary, in consultation with the chief
executive officer of the State of Illinois, that agrees to
perform the duties of a local coordinating entity under this
Act.
(2) Heritage area.--The term ``Heritage Area'' means the
Abraham Lincoln National Heritage Area established by section
4.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) Unit of local government.--The term ``unit of local
government'' means the government of a State, a political
subdivision of a State, or an Indian tribe.
SEC. 4. ABRAHAM LINCOLN NATIONAL HERITAGE AREA.
(a) Establishment.--There is established in the State of Illinois
the ``Abraham Lincoln National Heritage Area''.
(b) Boundaries.--The Heritage Area shall include the following:
(1) A core area located in Central Illinois, consisting of
Adams, Brown, Calhoun, Cass, Champaign, Christian, Clark,
Coles, Cumberland, Dewitt, Douglas, Edgar, Fayette, Fulton,
Greene, Hancock, Henderson, Jersey, Knox, LaSalle, Logan,
McLean, McDonough, Macon, Macoupin, Madison, Mason, Menard,
Montgomery, Morgan, Moultrie, Peoria, Piatt, Pike, Sangamon,
Schuyler, Scott, Shelby, Tazwell, Vermillion, Warren and
Woodford Counties.
(2) The following sites:
(A) Lincoln Home National Historic Site.
(B) Lincoln Tomb State Historic Site.
(C) Lincoln's New Salem State Historic Site.
(D) Abraham Lincoln Presidential Library & Museum.
(E) Thomas and Sara Bush Lincoln Log Cabin and
Living History Farm State Historic Site.
(F) Mt. Pulaski, Postville State Historic Sites and
Metamora Courthouse.
(G) Lincoln-Herndon Law Offices State Historic
Site.
(H) David Davis Mansion State Historic Site.
(I) Vandalia Statehouse State Historic Site.
(J) Lincoln Douglas Debate Museum.
(K) Macon County Log Court House.
(L) Richard J. Oglesby Mansion.
(M) Lincoln Trail Homestead State Memorial.
(N) Governor John Wood Mansion.
(O) Beardstown Courthouse.
(P) Old Main at Knox College.
(Q) Carl Sandburg Home State Historic Site.
(R) Bryant Cottage State Historic Site.
(S) Dr. William Fithian Home.
(T) Vermillion County Museum.
(3) Sites, buildings, and districts within the core area
recommended in the management plan.
(c) Map.--A map of the Heritage Area shall be included in the
management plan. The map shall be on file in the appropriate offices of
the National Park Service, Department of the Interior.
(d) Management Entity.--The management entity for the Heritage Area
shall be Looking for Lincoln Heritage Coalition.
SEC. 5. AUTHORITIES, DUTIES, AND PROHIBITIONS OF THE MANAGEMENT ENTITY.
(a) Authorities.--The management entity may, for purposes of
preparing and implementing the management plan, use funds made
available under this Act to--
(1) prepare a management plan for the Heritage Area, which
shall be complete not later than 3 years after funds are first
made available for this Act;
(2) prepare reports, studies, interpretive exhibits and
programs, historic preservation projects, and other activities
recommended in the management plan for the Heritage Area;
(3) pay for operational expenses of the management entity
incurred within the first 10 fiscal years beginning after the
date of the enactment of this Act;
(4) make grants or loans to the State of Illinois and its
political subdivisions, nonprofit organizations, and other
persons;
(5) enter into cooperative agreements with the State of
Illinois, its political subdivisions, nonprofit organizations,
and other organizations;
(6) hire and compensate staff;
(7) obtain money from any source under any program or law
requiring the recipient of such money to make a contribution in
order to receive such money; and
(8) contract for goods and services.
(b) Duties.--In addition to developing the management plan, the
management entity shall--
(1) give priority to the implementation of actions, goals,
and strategies set forth in the management plan, including
assisting units of government and other persons in--
(A) carrying out the programs that recognize and
protect important resource values 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 heritage-based recreational and
educational opportunities for residents and visitors in
the Heritage Area;
(E) increasing public awareness of and appreciation
for the cultural, historical, and natural resources of
the Heritage Area;
(F) restoring historic buildings that are both--
(i) located in the Heritage Area; and
(ii) related to the themes of the Heritage
Area; and
(G) installing throughout the Heritage Area clear,
consistent, and appropriate signs identifying public
access points and sites of interest;
(2) prepare and implement the management plan while
considering the interests of diverse units of government,
businesses, private property owners, and nonprofit groups
within the Heritage Area;
(3) conduct public meetings at least quarterly regarding
the development and implementation of the management plan; and
(4) for any fiscal year for which Federal funds are
received under this Act--
(A) submit to the Secretary a report that
describes, for that 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 pertaining to the expenditure of the 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
pertaining to the expenditure of the funds.
(c) Prohibition of Acquisition of Real Property.--
(1) In general.--The management entity shall not use
Federal funds received under this Act to acquire real property
or any interest in real property.
(2) Other sources.--Nothing in this Act precludes the
management entity from using Federal funds from other sources
for authorized purposes including acquisition of real property
or any interest in real property.
SEC. 6. MANAGEMENT PLAN.
(a) Requirements.--In preparing the management plan, the management
entity shall perform the following duties:
(1) Management plan.--Prepare and submit to the Secretary a
management plan reviewed by participating units of government
within the boundaries of the Heritage Area.
(2) Collaboration.--Collaborate with and consider the
interests of diverse units of government, businesses, tourism
officials, private property owners, and nonprofit groups within
the the Heritage Area in developing and implementing the
management plan.
(3) Public involvement.--Ensure regular public involvement,
including public meetings at least annually, regarding the
implementation of the management plan for the Heritage Area.
(4) Records for audits.--Make available to the Secretary
for audit, for any year in which Federal funds have been
received under this Act, all records pertaining to the
expenditure of such funds and any matching funds, and require,
for all agreements authorizing expenditure of Federal funds by
other organizations, that the receiving organizations make
available to the Secretary for audit all records pertaining to
the expenditure of such funds.
(b) Management Plan.--The management plan for the Heritage Area
shall--
(1) present a comprehensive program for the conservation,
interpretation, funding, management, and development of the
Heritage Area and of the historical, cultural, and natural
resources and the recreational and educational opportunities of
the Heritage Area, in a manner consistent with the existing
local, State, and Federal land use laws and compatible economic
viability of the Heritage Area;
(2) be prepared and implemented in a manner that involves
residents, public agencies, and private organizations working
in the Heritage Area;
(3) specify and coordinate, as of the date of the
management plan, existing and potential sources of technical
and financial assistance under this and other Federal laws to
protect, manage, and develop the Heritage Area; and
(4) include--
(A) actions to be undertaken by units of government
and private organizations to protect, conserve, and
interpret the resources of the Heritage Area;
(B) an inventory of the resources contained in the
Heritage Area, including a list of any property in the
Heritage Area that is related to the themes of the
Heritage Area and that is found to merit preservation,
restoration, management, development, or maintenance
because of its natural, cultural, historical, or
recreational significance;
(C) policies for resource management with
appropriate land and water management techniques,
including the development of intergovernmental
cooperative agreements, private sector agreements, or
any combination thereof, to protect the historical,
cultural, recreational, and natural resources of the
Heritage Area in a manner consistent with supporting
appropriate and compatible economic viability;
(D) a program for implementation of the management
plan by the designated management entity, in
cooperation with its partners and units of government;
(E) evidence that relevant State, county, and local
plans applicable to the Heritage Area have been taken
into consideration;
(F) an analysis of ways in which local, State, and
Federal programs may best be coordinated to promote the
purposes of this Act; and
(G) a business plan that--
(i) describes in detail the role,
operation, financing, and functions of the
local coordinating entity and of each activity
included in the recommendations contained in
the management plan; and
(ii) provides, to the satisfaction of the
Secretary, adequate assurances that the
management entity is likely to have the
financial resources necessary to implement the
management plan, including resources to meet
matching requirement for grants awarded under
this Act.
(c) Public Notice.--The management entity shall place a notice of
each of its public meetings in a newspaper of general circulation in
the Heritage Area and shall make the minutes of the meeting available
to the public.
(d) Disqualification From Funding.--If a proposed management plan
is not submitted to the Secretary within 3 years the funds are first
made available for this Act, the management entity shall be ineligible
to receive additional funding under this Act until the date on which
the Secretary receives the proposed management plan.
(e) Approval and Disapproval of Management Plan.--The Secretary ,
in consultation with the Governor of the State of Illinois or his
appointed agency representative, shall approve or disapprove the
proposed management plan submitted under this Act not later than 90
days after receiving the proposed management plan.
(f) Action Following Disapproval.--If the Secretary disapproves a
proposed management plan, the Secretary shall advise the management
entity, in writing, of the reasons for the disapproval and make
recommendations for revisions to the proposed management plan. The
Secretary shall approve or disapprove a revised proposed management
plan not later than 90 days after it is submitted.
(g) Approval of Amendments.--The Secretary shall review and approve
or disapprove substantial amendments to the management plan. Funds
appropriated under this Act may not be expended to implement any
changes made by an amendment to the management plan until the Secretary
approves the amendment.
SEC. 7. TECHNICAL AND FINANCIAL ASSISTANCE; OTHER FEDERAL AGENCIES.
(a) Technical and Financial Assistance.--
(1) In general.--On the request of the management entity,
the Secretary may provide technical and financial assistance
for the development and implementation of the management plan.
(2) Priority for assistance.--In providing assistance under
paragraph (1), the Secretary shall give priority to actions
that assist in--
(A) conserving the significant cultural, historic,
and natural resources of the Heritage Area; and
(B) providing educational, interpretive, and
recreational opportunities consistent with the purposes
of the Heritage Area.
(3) Spending for non-federal property.--The management
entity may expend Federal funds made available under this Act
on non-Federally owned property that is--
(A) identified in the management plan; or
(B) listed or eligible for listing on the National
Register of Historic Places.
(4) Other assistance.--The Secretary may enter into
cooperative agreements with public and private organizations to
carry out this subsection.
(b) Other Federal Agencies.--Any Federal entity conducting or
supporting an activity that directly affects the Heritage Area shall--
(1) consider the potential effect of the activity on the
purposes of the Heritage Area and the management plan;
(2) consult with the management entity regarding the
activity; and
(3) to the maximum extent practicable, conduct or support
the activity to avoid adverse effects on the Heritage Area.
(c) Other Assistance not Affected.--This Act does not affect the
authority of any Federal official to provide technical or financial
assistance under any other law.
(d) Notification of Other Federal Activities.--The head of each
Federal agency shall provide to the Secretary and the management entity
for the Heritage Area, to the extent practicable, advance notice of all
activities which may have an impact on the Heritage Area.
SEC. 8. PRIVATE PROPERTY PROTECTION.
(a) In General.--Nothing in this Act shall be construed to--
(1) require any private property owner to allow public
access (including Federal, State, or local government access)
to such private property; or
(2) modify any provision of Federal, State, or local law
with regard to public access to or use of private property.
(b) Liability.--Designation of the Heritage Area shall not be
considered to create any liability, or to have any effect on any
liability under any other law, of any private property owner with
respect to any persons injured on such private property.
(c) Recognition of Authority to Control Land Use.--Nothing in this
Act shall be construed to modify any authority of Federal, State, or
local governments to regulate land use.
(d) Participation of Private Property Owners in Heritage Area.--
Nothing in this Act shall be construed to require the owner of any
private property located within the boundaries of the Heritage Area to
participate in or be associated with the Heritage Area.
(e) Land Use Regulation.--
(1) In general.--The management entity shall provide
assistance and encouragement to State and local governments,
private organizations, and persons to protect and promote the
resources and values of the Heritage Area.
(2) Effect.--Nothing in this Act shall grant any power of
zoning or land use to the management entity.
(f) Private Property.--
(1) In general.--The management entity shall be an advocate
for land management practices consistent with the purposes of
the Heritage Area.
(2) Effect.--Nothing in this Act--
(A) abridges the rights of any person with regard
to private property;
(B) affects the authority of the State or local
government regarding private property; or
(C) imposes any additional burden on any property
owner.
SEC. 9. SAVINGS PROVISIONS.
(a) Rules, Regulations, Standards, and Permit Processes.--Nothing
in this Act shall be construed to impose any environmental,
occupational, safety, or other rule, regulation, standard, or permit
process in the National Heritage Area that is different from those that
would be applicable if the national heritage area had not been
established.
(b) Water and Water Rights.--Nothing in this Act shall be construed
to authorize or imply the reservation or appropriation of water or
water rights.
(c) No Diminishment of State Authority.--Nothing in this Act shall
be construed to diminish the authority of the State containing the
National Heritage Area to manage fish and wildlife, including the
regulation of fishing and hunting within the national heritage area.
(d) Existing National Heritage Areas.--Nothing in this Act shall
affect any national heritage area so designated before the date of the
enactment of this Act.
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 is
authorized to be appropriated for any fiscal year.
(b) Cost-Sharing Requirement.--The Federal share of the total cost
of any activity assisted under this Act shall be not more than 50
percent.
SEC. 11. 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 the 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.
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