Buffalo Bayou National Heritage Area Act - Establishes the Buffalo Bayou National Heritage Area in Texas. Designates the Buffalo Bayou National Heritage Area Corporation as the management entity for the Heritage Area. Requires the Corporation to submit a management plan for the Heritage Area.
Specifies this Act's effect on private property protections and water rights with regard to the Heritage Area. Bars anything in this Act from being meant as modifying the Rio Grande Natural Area Act.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 127 Introduced in Senate (IS)]
112th CONGRESS
1st Session
S. 127
To establish the Buffalo Bayou National Heritage Area in the State of
Texas, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 25 (legislative day, January 5), 2011
Mrs. Hutchison introduced the following bill; which was read twice and
referred to the Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To establish the Buffalo Bayou National Heritage Area in the State of
Texas, 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 ``Buffalo Bayou National Heritage Area
Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Heritage area.--The term ``Heritage Area'' means the
Buffalo Bayou National Heritage Area, established in this Act.
(2) Management entity.--The term ``management entity''
means the management entity for the Heritage Area designated by
this Act.
(3) Management plan.--The term ``management plan'' means
the management plan for the Heritage Area required under this
Act.
(4) Map.--The term ``map'' means the map entitled ``Buffalo
Bayou National Heritage Area Proposed Boundary'', numbered T11/
101,592, and dated March 2010.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) State.--The term ``State'' means the State of Texas.
SEC. 3. BUFFALO BAYOU NATIONAL HERITAGE AREA.
(a) Establishment.--There is established in the State the Buffalo
Bayou National Heritage Area.
(b) Boundaries.--The Heritage Area shall consist of areas included
in the map in Harris County, Texas.
(c) Map.--A map of the Heritage Area shall be--
(1) included in the management plan; and
(2) on file and available for public inspection in the
appropriate offices of the National Park Service.
(d) Management Entity.--The management entity for the Heritage Area
shall be the Buffalo Bayou National Heritage Area Corporation.
SEC. 4. ADMINISTRATION.
(a) Authorities.--For purposes of carrying out the management plan,
the Secretary, acting through the management entity, may use amounts
made available under this Act to--
(1) make grants to the State or a political subdivision of
the State, nonprofit organizations, and other persons;
(2) enter into cooperative agreements with, or provide
technical assistance to, the State or a political subdivision
of the State, nonprofit organizations, and other interested
parties;
(3) hire and compensate staff, which shall include
individuals with expertise in natural, cultural, and historical
resources protection, and heritage programming;
(4) obtain money or services from any source including any
that are provided under any other Federal law or program;
(5) contract for goods or services; and
(6) undertake to be a catalyst for any other activity that
furthers the Heritage Area and is consistent with the approved
management plan.
(b) Duties.--The management entity shall--
(1) in accordance with section 5, prepare and submit a
management plan for the Heritage Area to the Secretary;
(2) assist units of local government, regional planning
organizations, and nonprofit organizations in carrying out the
approved management plan by--
(A) carrying out programs and projects that
recognize, protect, and enhance important resource
values in the Heritage Area;
(B) establishing and maintaining interpretive
exhibits and programs in the Heritage Area;
(C) developing recreational and educational
opportunities in the Heritage Area;
(D) increasing public awareness of, and
appreciation for, natural, historical, scenic, and
cultural resources of the Heritage Area;
(E) protecting and restoring historic sites and
buildings in the Heritage Area that are consistent with
Heritage Area themes;
(F) ensuring that clear, consistent, and
appropriate 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 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) for any year that Federal funds have been received
under this Act--
(A) submit an annual report to the Secretary that
describes the activities, expenses, and income of the
management entity (including grants to any other
entities during the year that the report is made);
(B) make available to the Secretary for audit all
records relating to the expenditure of the funds and
any matching funds; and
(C) require, with respect to all agreements
authorizing expenditure of Federal funds by other
organizations, that the organizations receiving the
funds make available to the Secretary for audit all
records concerning the expenditure of the funds; and
(6) encourage by appropriate means economic viability that
is consistent with the Heritage Area.
(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.
(d) Cost-Sharing Requirement.--The Federal share of the cost of any
activity carried out using any assistance made available under this Act
shall be 50 percent.
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 proposed management plan for the Heritage Area.
(b) Requirements.--The management plan shall--
(1) incorporate an integrated and cooperative approach for
the protection, enhancement, and interpretation of the natural,
cultural, historic, scenic, and recreational resources of the
Heritage Area;
(2) take into consideration State and local plans;
(3) include--
(A) an inventory of--
(i) the resources located in the core area
described in section 4(b); and
(ii) any other property in the core area
that--
(I) is related to the themes of the
Heritage Area; and
(II) should be preserved, restored,
managed, or maintained because of the
significance of the property;
(B) comprehensive policies, strategies, and
recommendations for conservation, funding, management,
and development of the Heritage Area;
(C) a description of actions that governments,
private organizations, and individuals have agreed to
take to protect the natural, historical, and cultural
resources of the Heritage Area;
(D) a program of implementation for the management
plan by the management entity that includes a
description of actions to facilitate ongoing
collaboration among partners to--
(i) promote plans for resource protection,
restoration, and construction; and
(ii) specific commitments for
implementation that have been made by the
management entity or any government,
organization, or individual for the first 5
years of operation;
(E) the identification of sources of funding for
carrying out the management plan;
(F) analysis and recommendations for means by which
local, State, and Federal programs, including the role
of the National Park Service in the Heritage Area, may
best be coordinated to carry out this Act; and
(G) an interpretive plan for the Heritage Area; and
(4) recommend policies and strategies for resource
management that consider and detail the application of
appropriate land and water management techniques, including the
development of intergovernmental and interagency cooperative
agreements to protect the natural, historical, cultural,
educational, scenic, and recreational resources of the Heritage
Area.
(c) Deadline.--If a proposed management plan is not submitted to
the Secretary by the date that is 3 years after the date of enactment
of this Act, the management entity shall be ineligible to receive
additional funding under this Act until the date that the Secretary
receives and approves the management plan.
(d) Approval or Disapproval of Management Plan.--
(1) In general.--Not later than 180 days after the date of
receipt of the management plan under subsection (a), the
Secretary, in consultation with the State, shall approve or
disapprove the management plan.
(2) Criteria for approval.--In determining whether to
approve the management plan, the Secretary shall consider
whether--
(A) the management entity is representative of the
diverse interests of the Heritage Area, including
governments, natural and historic resource protection
organizations, educational institutions, businesses,
and recreational organizations;
(B) the management entity has afforded adequate
opportunity, including public hearings, for public and
governmental involvement in the preparation of the
management plan; and
(C) the resource protection and interpretation
strategies contained in the management plan, if
implemented, would adequately protect the natural,
historical, and cultural resources of the Heritage
Area.
(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 180 days after the receipt of
any proposed revision of the management plan from the
management entity, approve or disapprove the proposed
revision.
(4) Amendments.--
(A) In general.--The Secretary shall approve or
disapprove each amendment to the management plan that
the Secretary determines makes a substantial change to
the management plan.
(B) Use of funds.--The management entity shall not
use Federal funds authorized by this Act to carry out
any amendments to the management plan until the
Secretary has approved the amendments.
SEC. 6. 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.--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 management entity to the maximum extent practicable.
(c) Other Federal Agencies.--Nothing in this Act--
(1) modifies, alters, or amends any law or regulation
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. 7. PRIVATE PROPERTY PROTECTION.
Nothing in this Act--
(1) abridges the rights of any property owner (whether
public or private), 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 permit public access
(including access by Federal, State, or local agencies) to the
property of the property owner, or to modify public access or
use of property of the property owner under any other Federal,
State, or local law;
(3) alters any duly adopted land use regulation, approved
land use plan, or other regulatory authority of any Federal,
State or local agency, or conveys any land use or other
regulatory authority to the management entity;
(4) authorizes or implies the reservation or appropriation
of water or water rights;
(5) diminishes the authority of the State to manage fish
and wildlife, including the regulation of fishing and hunting
within the Heritage Area; or
(6) creates any liability, or affects any liability under
any other law, of any private property owner with respect to
any person injured on the private property.
SEC. 8. WATER RIGHTS.
(a) Statement of Policy.--Nothing in this Act is meant to modify
the Rio Grande Natural Area Act.
(b) Applicability.--Nothing in this Act--
(1) amends, modifies, or is in conflict with the Act of May
31, 1939 (53 Stat. 785, chapter 155);
(2) authorizes the regulation of private land in the
Heritage Area;
(3) authorizes the imposition of any mandatory streamflow
requirements;
(4) creates an express or implied Federal reserved water
right;
(5) imposes any Federal water quality standard within or
upstream of the Heritage Area that is more restrictive than
would be applicable had the Heritage Area not been established;
or
(6) prevents the State of Texas from acquiring an instream
flow through the Heritage Area under the terms, conditions, and
limitations of State law to assist in protecting the natural
environment to the extent and for the purposes authorized by
State law.
SEC. 9. EVALUATION REPORT.
(a) In General.--Not later than 3 years before the date on which
authority for Federal funding terminates for the Heritage Area, the
Secretary shall--
(1) conduct an evaluation of the accomplishments of the
Heritage Area; and
(2) prepare a report in accordance with subsection (c).
(b) Evaluation.--An evaluation conducted under subsection (a)(1)
shall--
(1) assess the progress of the management entity with
respect to--
(A) accomplishing the purposes of this Act for the
Heritage Area; and
(B) achieving the goals and objectives of the
approved management plan for the Heritage Area;
(2) analyze the Federal, State, local, and private
investments in the Heritage Area to determine the leverage and
impact of the investments; and
(3) 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.
(c) Report.--
(1) In general.--Based on the evaluation conducted under
subsection (a)(1), 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.
(2) Required analysis.--If the report prepared under
paragraph (1) recommends that Federal funding for the Heritage
Area be reauthorized, the report shall include an analysis of--
(A) ways in which Federal funding for the Heritage
Area may be reduced or eliminated; and
(B) the appropriate time period necessary to
achieve the recommended reduction or elimination.
(3) Submission to congress.--On completion of the report,
the Secretary shall submit the report to--
(A) the Committee on Energy and Natural Resources
of the Senate; and
(B) the Committee on Natural Resources of the House
of Representatives.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
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.
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 that funds are
first made available to carry out this Act.
<all>
Introduced in Senate
Read twice and referred to the Committee on Energy and Natural Resources.
Committee on Energy and Natural Resources Subcommittee on National Parks. Hearings held. With printed Hearing: S.Hrg. 112-124.
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