[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1898 Introduced in Senate (IS)]
109th CONGRESS
1st Session
S. 1898
To establish the Freedom's Way National Heritage Area in the States of
Massachusetts and New Hampshire, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 20, 2005
Mr. Kerry (for himself, Mr. Kennedy, Mr. Gregg, and Mr. Sununu)
introduced the following bill; which was read twice and referred to the
Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To establish the Freedom's Way National Heritage Area in the States of
Massachusetts and New Hampshire, 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 ``Freedom's Way National Heritage Area
Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) the cultural and natural legacies of an area
encompassing 36 communities in Massachusetts and 6 communities
in New Hampshire have made important and distinctive
contributions to the national character of America;
(2) recognizing and protecting those legacies will help
sustain the quality of life in the future;
(3) significant legacies of the area include--
(A) the early settlement of the United States and
the early evolution of democratic forms of government;
(B) the development of intellectual traditions of
the philosophies of freedom, democracy, and
conservation;
(C) the evolution of social ideas and religious
freedom;
(D) the role of immigrants and industry in
contributing to ethnic diversity;
(E) Native American and African American resources;
and
(F) the role of innovation and invention in cottage
industries;
(4) the communities in the area know the value of the
legacies but need a cooperative framework and technical
assistance to achieve important goals by working together;
(5) there is a Federal interest in supporting the
development of a regional framework to assist the States, local
governments, local organizations, and other persons in the
region with conserving, protecting, and bringing recognition to
the heritage of the area for the educational and recreation
benefit of future generations of Americans;
(6) significant examples of the area's resources include--
(A) Walden Pond State Reservation in Concord,
Massachusetts;
(B) Minute Man National Historical Park in the
State of Massachusetts;
(C) Shaker Villages in Shirley and Harvard in the
State of Massachusetts;
(D) Wachusett Mountain State Reservation, Fitchburg
Art Museum, and Barrett House in New Ipswich, New
Hampshire; and
(E) Beaver Brook Farms and Lost City of Monson in
Hollis, New Hampshire;
(7) the study entitled ``Freedom's Way Heritage Area
Feasibility Study'', prepared by the Freedom's Way Heritage
Association, Inc., and the Massachusetts Department of
Environmental Management, demonstrates that there are
sufficient nationally distinctive historical resources
necessary to establish the Freedom's Way National Heritage
Area; and
(8) the Freedom's Way Heritage Association, Inc., should
oversee the development of the Freedom's Way National Heritage
Area.
(b) 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 referred to in paragraph (1) in
preserving the special historic identity of the Heritage Area;
and
(3) to manage, preserve, protect, and interpret the
cultural, historical, 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) Management entity.--The term ``management entity''
means the management 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 developed under
section 5.
(4) Map.--The term ``Map'' means the map entitled
``Freedom's Way National Heritage Area'', numbered FRWAP-75/
80,000, and dated July 2002.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 4. FREEDOM'S WAY NATIONAL HERITAGE AREA.
(a) Establishment.--There is established the Freedom's Way National
Heritage Area in the States of Massachusetts and New Hampshire.
(b) Boundaries.--
(1) In general.--The Heritage Area shall consist of the
land within the boundaries of the Heritage Area, as 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 5(c); and
(C) placed on file in accordance with subsection
(c).
(c) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall publish in the
Federal Register a map and legal description of the Heritage
Area.
(2) Availability.--The Map shall be on file and available
for public inspection in the appropriate offices of the
National Park Service.
(d) Management Entity.--The Freedom's Way Heritage Association,
Inc., shall serve as the management entity for the Heritage Area.
SEC. 5. MANAGEMENT PLAN.
(a) In General.--Not later than 3 years after the date of enactment
of this Act, the management entity shall develop and submit to the
Secretary for approval a management plan for the Heritage Area that
presents comprehensive recommendations and strategies for the
conservation, funding, management, and development of the Heritage
Area.
(b) Requirements.--The management plan shall--
(1) take into consideration and coordinate Federal, State,
and local plans to present a unified historic preservation and
interpretation plan;
(2) involve residents, public agencies, and private
organizations in the Heritage Area;
(3) describe actions that units of government and private
organizations recommend for the protection of the resources of
the Heritage Area;
(4) identify existing and potential sources of Federal and
non-Federal funding for the conservation, management, and
development of the Heritage Area; and
(5) include--
(A) an inventory of the cultural, historic,
natural, or recreational resources contained in the
Heritage Area, including a list of property that--
(i) is related to the themes of the
Heritage Area; and
(ii) should be conserved, restored,
managed, developed, or maintained;
(B) a recommendation of policies for resource
management and protection that--
(i) apply appropriate land and water
management techniques;
(ii) develop intergovernmental cooperative
agreements to manage and protect the cultural,
historic, and natural resources and recreation
opportunities of the Heritage Area; and
(iii) support economic revitalization
efforts;
(C) a program of strategies and actions to
implement the management plan that--
(i) identifies the role of the management
entity and the roles of agencies and
organizations that are involved in the
implementation of the management plan;
(ii) includes--
(I) restoration and construction
plans or goals;
(II) a program of public
involvement;
(III) annual work plans; and
(IV) annual reports;
(D) an analysis of ways in which Federal, State,
and local programs may best be coordinated to promote
the purposes of this Act;
(E) an interpretive and educational plan for the
Heritage Area;
(F) any revisions proposed by the management entity
to the boundaries of the Heritage Area and requested by
the affected local government; and
(G) a process to provide public access to the
management entity for the purpose of attempting to
resolve informally any disputes arising from the
management plan.
(c) Failure to Submit.--If the management entity fails to submit
the management plan to the Secretary in accordance with subsection (a),
the Heritage Area shall no longer qualify for Federal funding.
(d) Approval or Disapproval of Management Plan.--
(1) In general.--Not later than 90 days after receipt of
the management plan 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--
(A) the management entity afforded adequate
opportunity, including public hearings, for public and
governmental involvement in the preparation of the
management plan;
(B) the resource protection and interpretation
strategies contained in the management plan would
adequately protect the cultural and historic resources
of the Heritage Area; and
(C) the Secretary has received adequate assurances
from the appropriate State and local officials whose
support is needed to ensure the effective
implementation of the State and local aspects of the
management plan.
(3) Action following disapproval.--If the Secretary
disapproves the management plan under paragraph (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) not later than 60 days after the receipt of any
proposed revision of the management plan from the
management entity, approve or disapprove the proposed
revision.
(e) Amendments.--
(1) In general.--In accordance with subsection (b), the
Secretary shall approve or disapprove each amendment to the
management plan that the Secretary determines may make a
substantial change to the management plan.
(2) Use of funds.--Funds made available under this Act
shall not be expended by the management entity to implement an
amendment described in paragraph (1) until the Secretary
approves the amendment.
SEC. 6. 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) make grants to, and enter into cooperative agreements
with, the States of Massachusetts and New Hampshire (including
a political subdivision), a nonprofit organizations, or any
person;
(2) hire and compensate staff;
(3) obtain funds from any source (including a program that
has a cost-sharing requirement); and
(4) contract for goods and services.
(b) Duties of the Management Entity.--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 recreational and educational
opportunities 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--
(i) located in the Heritage Area; and
(ii) relate 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;
(4) for any fiscal year for which Federal funds are
received under this Act--
(A) submit to the Secretary a report that
describes, for the 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 on the Acquisition of Real Property.--The
management entity shall not use Federal funds made available under this
Act to acquire real property or any interest in real property.
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 on non-federal property.--The management
entity may expend Federal funds made available under this Act
on nonfederally 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.
SEC. 8. LAND USE REGULATION; APPLICABILITY OF FEDERAL LAW.
(a) 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--
(A) affects the authority of the State or local
governments to regulate under law any use of land; or
(B) grants any power of zoning or land use to the
management entity.
(b) 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. 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
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. 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 Senate
Sponsor introductory remarks on measure. (CR S11666)
Read twice and referred to the Committee on Energy and Natural Resources.
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