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Week Ending May 20, 2005
HR 938 to establish the Upper Housatonic Valley National Heritage Area in the State of Connecticut and the Commonwealth of Massachusetts and for other purposes.
BRIEF
As Congress sees it “The upper Housatonic Valley, encompassing 29 towns in the hilly terrain of western Massachusetts and northwestern Connecticut, is a singular geographical and cultural region that has made significant national contributions through its literary, artistic, musical, and architectural achievements, its iron, paper, and electrical equipment industries, and its scenic beautification and environmental conservation efforts” and “The upper Housatonic Valley has 139 properties and historic districts listed on the National Register of Historic Places,”
Along with centuries of historic lineage the area deserves special status so the bill would aim to establish that. First, the bill establishes the Upper Housatonic Valley National Heritage Area in the State of Connecticut and the Commonwealth of Massachusetts where the plan from “Upper Housatonic Valley National Heritage Area Feasibility Study, 2003” would be implemented. The bill provides “a management framework” that would bring into the project federal, state, regional and municipal governments, the private sector and local communities in the upper Housatonic Valley region “to conserve the region's heritage while continuing to pursue compatible economic opportunities” and to assist communities, organizations, and citizens in the State of Connecticut and the Commonwealth of Massachusetts in identifying, preserving, interpreting, and developing the historical, cultural, scenic, and natural resources of the region for the educational and inspirational benefit of current and future generations.”
The heritage area will include “part of the Housatonic River's watershed, which extends 60 miles from Lanesboro, Massachusetts to Kent, Connecticut; the towns of Canaan, Colebrook, Cornwall, Kent, Norfolk, North Canaan, Salisbury, Sharon, and Warren in Connecticut; and the towns of Alford, Becket, Dalton, Egremont, Great Barrington, Hancock, Hinsdale, Lanesboro, Lee, Lenox, Monterey, Mount Washington, New Marlboro, Pittsfield, Richmond, Sheffield, Stockbridge, Tyringham, Washington, and West Stockbridge in Massachusetts.”
But the bill doesn’t stop there. Provisions for transferring management to a non-profit organization for the Illinois and Michigan Canal National Heritage Corridor are included with along with authorization for a suitability and feasibility study of establishing the St. Croix National Heritage Area in St. Croix, U.S. Virgin Islands and the establishment of “Northern Rio Grande National Heritage Area across three counties (Rio Arriba, Santa Fe and Taos) within the State of New Mexico to commemorate the unique combination of cultures, languages, folk arts, customs, and architecture associated with the Spanish colonization of New Mexico, beginning as far back as 1598.”
Sponsor: Representative Nancy L Johnson (R-CT-5th)
Vote: Passed House by voice vote. (May 16, 2005)
Cost to the taxpayers: $3 million yearly up to $30 million. Federal funds can not exceed 50 percent of the cost of the project.
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MORE INFORMATION
SIGNIFICANT PEOPLE AND EVENTS OF THE PROPOSED HOUSATONIC HERITAGE AREA.
ST CROIX NATIONAL HERITAGE AREA
NORTHERN RIO GRAND NATIONAL HERITAGE AREA.
SIGNIFICANT PEOPLE AND EVENTS OF THE PROPOSED HOUSATONIC HERITAGE AREA.
(a) Findings- Congress finds the following:
(1) The upper Housatonic Valley, encompassing 29 towns in the hilly terrain of western Massachusetts and northwestern Connecticut, is a singular geographical and cultural region that has made significant national contributions through its literary, artistic, musical, and architectural achievements, its iron, paper, and electrical equipment industries, and its scenic beautification and environmental conservation efforts.
(2) The upper Housatonic Valley has 139 properties and historic districts listed on the National Register of Historic Places, including--
(A) five National Historic Landmarks--
(i) Edith Wharton's home, The Mount, Lenox, Massachusetts;
(ii) Herman Melville's home, Arrowhead, Pittsfield, Massachusetts;
(iii) W.E.B. DuBois' Boyhood Homesite, Great Barrington, Massachusetts;
(iv) Mission House, Stockbridge, Massachusetts; and
(v) Crane and Company Old Stone Mill Rag Room, Dalton, Massachusetts; and
(B) four National Natural Landmarks--
(i) Bartholomew's Cobble, Sheffield, Massachusetts, and Salisbury, Connecticut;
(ii) Beckley Bog, Norfolk, Connecticut;
(iii) Bingham Bog, Salisbury, Connecticut; and
(iv) Cathedral Pines, Cornwall, Connecticut.
(3) Writers, artists, musicians, and vacationers have visited the region for more than 150 years to enjoy its scenic wonders, making it one of the country's leading cultural resorts.
(4) The upper Housatonic Valley has made significant national cultural contributions through such writers as Herman Melville, Nathaniel Hawthorne, Edith Wharton, and W.E.B. DuBois, artists Daniel Chester French and Norman Rockwell, and the performing arts centers of Tanglewood, Music Mountain, Norfolk (Connecticut) Chamber Music Festival, Jacob's Pillow, and Shakespeare & Company.
(5) The upper Housatonic Valley is noted for its pioneering achievements in the iron, paper, and electrical generation industries and has cultural resources to interpret those industries.
(6) The region became a national leader in scenic beautification and environmental conservation efforts following the era of industrialization and deforestation and maintains a fabric of significant conservation areas including the meandering Housatonic River.
(7) Important historical events related to the American Revolution, Shays' Rebellion, and early civil rights took place in the upper Housatonic Valley.
(8) The region had an American Indian presence going back 10,000 years and Mohicans had a formative role in contact with Europeans during the seventeenth and eighteenth centuries.
(9) The Upper Housatonic Valley National Heritage Area has been proposed in order to heighten appreciation of the region, preserve its natural and historical resources, and improve the quality of life and economy of the area.
(b) Purposes- The purposes of this title are as follows:
(1) To establish the Upper Housatonic Valley National Heritage Area in the State of Connecticut and the Commonwealth of Massachusetts.
(2) To implement the national heritage area alternative as described in the document entitled `Upper Housatonic Valley National Heritage Area Feasibility Study, 2003'.
(3) To provide a management framework to foster a close working relationship with all levels of government, the private sector, and the local communities in the upper Housatonic Valley region to conserve the region's heritage while continuing to pursue compatible economic opportunities.
(4) To assist communities, organizations, and citizens in the State of Connecticut and the Commonwealth of Massachusetts in identifying, preserving, interpreting, and developing the historical, cultural, scenic, and natural resources of the region for the educational and inspirational benefit of current and future generations.
(a) Establishment- There is established the Upper Housatonic Valley National Heritage Area.
(b) Boundaries- The Heritage Area shall be comprised of--
(1) part of the Housatonic River's watershed, which extends 60 miles from Lanesboro, Massachusetts to Kent, Connecticut;
(2) the towns of Canaan, Colebrook, Cornwall, Kent, Norfolk, North Canaan, Salisbury, Sharon, and Warren in Connecticut; and
(3) the towns of Alford, Becket, Dalton, Egremont, Great Barrington, Hancock, Hinsdale, Lanesboro, Lee, Lenox, Monterey, Mount Washington, New Marlboro, Pittsfield, Richmond, Sheffield, Stockbridge, Tyringham, Washington, and West Stockbridge in Massachusetts.
(c) Availability of Map- The map shall be on file and available for public inspection in the appropriate offices of the National Park Service, Department of the Interior.
(d) Management Entity- The Upper Housatonic Valley National Heritage Area, Inc. shall be the management entity for the Heritage Area.
(a) Duties of the Management Entity- To further the purposes of the Heritage Area, the management entity shall--
(1) prepare and submit a management plan for the Heritage Area to the Secretary in accordance with section 106;
(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, 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 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 semi-annually regarding the development and implementation of the management plan;
(5) submit an annual report to the Secretary for any fiscal year in which the management entity receives Federal funds under this title, setting forth its accomplishments, expenses, and income, including grants to any other entities during the year for which the report is made;
(6) make available for audit for any fiscal year in which it receives Federal funds under this title, all information pertaining to the expenditure of such funds and any matching funds, and require in all agreements authorizing expenditures of Federal funds by other organizations, that the receiving organizations make available for such audit all records and other information pertaining to the expenditure of such funds; and
(7) encourage by appropriate means economic development that is consistent with the purposes of the Heritage Area.
(b) Authorities- The management entity may, for the purposes of preparing and implementing the management plan for the Heritage Area, use Federal funds made available through this title to--
(1) make grants to the State of Connecticut and the Commonwealth of Massachusetts, their political subdivisions, nonprofit organizations and other persons;
(2) enter into cooperative agreements with or provide technical assistance to the State of Connecticut and the Commonwealth of Massachusetts, their subdivisions, 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 purposes of the Heritage Area and is consistent with the approved management plan.
(c) Prohibitions on the Acquisition of Real Property- The management entity may not use Federal funds received under this title to acquire real property, but may use any other source of funding, including other Federal funding outside this authority, intended for the acquisition of real property.
(a) In General- The management plan for the Heritage Area shall--
(1) include comprehensive policies, strategies and recommendations for conservation, funding, management and development of the Heritage Area;
(2) take into consideration existing State, county, and local plans in the development of the management plan and its implementation;
(3) include 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;
(4) specify the existing and potential sources of funding to protect, manage, and develop the Heritage Area in the first 5 years of implementation;
(5) include an inventory of the natural, historical, cultural, educational, scenic, and recreational resources of the Heritage Area related to the themes of the Heritage Area that should be preserved, restored, managed, developed, or maintained;
(6) describe a program of implementation for the management plan including plans for resource protection, restoration, construction, and specific commitments for implementation that have been made by the management entity or any government, organization, or individual for the first 5 years of implementation; and
(7) include an interpretive plan for the Heritage Area.
(b) Deadline and Termination of Funding-
(1) DEADLINE- The management entity shall submit the management plan to the Secretary for approval within 3 years after funds are made available for this title.
(2) TERMINATION OF FUNDING- If the management plan is not submitted to the Secretary in accordance with this subsection, the management entity shall not qualify for Federal funding under this title until such time as the management plan is submitted to the Secretary.
(a) Technical and Financial Assistance- The Secretary may, upon the request of the management entity, provide technical assistance on a reimbursable or non-reimbursable basis and financial assistance to the Heritage Area to develop and implement the approved management plan. The Secretary is authorized to enter into cooperative agreements with the management entity and other public or private entities for this purpose. In assisting the Heritage Area, the Secretary shall give priority to actions that in general assist in--
(1) conserving the significant natural, historical, cultural, and scenic resources of the Heritage Area; and
(2) providing educational, interpretive, and recreational opportunities consistent with the purposes of the Heritage Area.
(b) Approval and Disapproval of Management Plan-
(1) IN GENERAL- The Secretary shall approve or disapprove the management plan not later than 90 days after receiving the management plan.
(2) CRITERIA FOR APPROVAL- In determining the approval of 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;
(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; and
(D) the management plan is supported by the appropriate State and local officials whose cooperation 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, the Secretary shall advise the management entity in writing of the reasons therefore and shall make recommendations for revisions to the management plan. The Secretary shall approve or disapprove a proposed revision within 60 days after the date it is submitted.
(4) APPROVAL OF AMENDMENTS- Substantial amendments to the management plan shall be reviewed by the Secretary and approved in the same manner as provided for the original management plan. The management entity shall not use Federal funds authorized by this title to implement any amendments until the Secretary has approved the amendments.
Any Federal agency conducting or supporting activities directly affecting the Heritage Area shall--
(1) consult with the Secretary and the management entity with respect to such activities;
(2) cooperate with the Secretary and the management entity in carrying out their duties under this title and, to the maximum extent practicable, coordinate such activities with the carrying out of such duties; and
(3) to the maximum extent practicable, conduct or support such activities in a manner which the management entity determines will not have an adverse effect on the Heritage Area.
(a) Notification and Consent of Property Owners Required- No privately owned property shall be preserved, conserved, or promoted by the management plan for the Heritage Area until the owner of that private property has been notified in writing by the management entity and has given written consent for such preservation, conservation, or promotion to the management entity.
(b) Landowner Withdraw- Any owner of private property included within the boundary of the Heritage Area shall have their property immediately removed from the boundary by submitting a written request to the management entity.
(a) Access to Private Property- Nothing in this title 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 title shall be construed to modify the authority of Federal, State, or local governments to regulate land use.
(d) Participation of Private Property Owners in Heritage Area- Nothing in this title 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) Effect of Establishment- The boundaries designated for the Heritage Area represent the area within which Federal funds appropriated for the purpose of this title may be expended. The establishment of the Heritage Area and its boundaries shall not be construed to provide any nonexisting regulatory authority on land use within the Heritage Area or its viewshed by the Secretary, the National Park Service, or the management entity.
(a) In General- There is authorized to be appropriated for the purposes of this title not more than $1,000,000 for any fiscal year. Not more than a total of $10,000,000 may be appropriated for the Heritage Area under this title.
(b) Matching Funds- Federal funding provided under this title may not exceed 50 percent of the total cost of any assistance or grant provided or authorized under this title.
The authority of the Secretary to provide assistance under this title shall terminate on the day occurring 15 years after the date of the enactment of this title.
ST. CROIX
(a) Short Title- This section may be cited as the `St. Croix National Heritage Area Study Act'.
(b) Study- The Secretary of the Interior, in consultation with appropriate State historic preservation officers, States historical societies, and other appropriate organizations, shall conduct a study regarding the suitability and feasibility of designating the island of St. Croix as the St. Croix National Heritage Area. The study shall include analysis, documentation, and determination regarding whether the island of St. Croix--
(1) has an assemblage of natural, historic, and cultural resources that together represent distinctive aspects of American heritage worthy of recognition, conservation, interpretation, and continuing use, and are best managed through partnerships among public and private entities and by combining diverse and sometimes noncontiguous resources and active communities;
(2) reflects traditions, customs, beliefs, and folklife that are a valuable part of the national story;
(3) provides outstanding opportunities to conserve natural, historic, cultural, or scenic features;
(4) provides outstanding recreational and educational opportunities;
(5) contains resources important to the identified theme or themes of the island of St. Croix that retain a degree of integrity capable of supporting interpretation;
(6) includes residents, business interests, nonprofit organizations, and local and State governments that are involved in the planning, have developed a conceptual financial plan that outlines the roles of all participants (including the Federal Government), and have demonstrated support for the concept of a national heritage area;
(7) has a potential management entity to work in partnership with residents, business interests, nonprofit organizations, and local and State governments to develop a national heritage area consistent with continued local and State economic activity; and
(8) has a conceptual boundary map that is supported by the public.
(c) Report- Not later than 3 fiscal years after the date on which funds are first made available for this section, the Secretary of the Interior shall submit to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report on the findings, conclusions, and recommendations of the study.
(d) Private Property- In conducting the study required by this section, the Secretary of the Interior shall analyze the potential impact that designation of the area as a national heritage area is likely to have on land within the proposed area or bordering the proposed area that is privately owned at the time that the study is conducted.
NORTHERN RIO GRANDE
This title may be cited as the `Northern Rio Grande National Heritage Area Act'.
The Congress finds that--
(1) northern New Mexico encompasses a mosaic of cultures and history, including 8 Pueblos and the descendants of Spanish ancestors who settled in the area in 1598;
(2) the combination of cultures, languages, folk arts, customs, and architecture make northern New Mexico unique;
(3) the area includes spectacular natural, scenic, and recreational resources;
(4) there is broad support from local governments and interested individuals to establish a National Heritage Area to coordinate and assist in the preservation and interpretation of these resources;
(5) in 1991, the National Park Service study Alternative Concepts for Commemorating Spanish Colonization identified several alternatives consistent with the establishment of a National Heritage Area, including conducting a comprehensive archaeological and historical research program, coordinating a comprehensive interpretation program, and interpreting a cultural heritage scene; and
(6) establishment of a National Heritage Area in northern New Mexico would assist local communities and residents in preserving these unique cultural, historical and natural resources.
As used in this title--
(1) the term `heritage area' means the Northern Rio Grande Heritage Area; and
(2) the term `Secretary' means the Secretary of the Interior.
(a) Establishment- There is hereby established the Northern Rio Grande National Heritage Area in the State of New Mexico.
(b) Boundaries- The heritage area shall include the counties of Santa Fe, Rio Arriba, and Taos.
(c) Management Entity-
(1) The Northern Rio Grande National Heritage Area, Inc., a non-profit corporation chartered in the State of New Mexico, shall serve as the management entity for the heritage area.
(2) The Board of Directors for the management entity shall include representatives of the State of New Mexico, the counties of Santa Fe, Rio Arriba and Taos, tribes and pueblos within the heritage area, the cities of Santa Fe, Espanola and Taos, and members of the general public. The total number of Board members and the number of Directors representing State, local and tribal governments and interested communities shall be established to ensure that all parties have appropriate representation on the Board.
(a) Management Plan-
(1) Not later than 3 years after the date of enactment of this Act, the management entity shall develop and forward to the Secretary a management plan for the heritage area.
(2) The management entity shall develop and implement the management plan in cooperation with affected communities, tribal and local governments and shall provide for public involvement in the development and implementation of the management plan.
(3) The management plan shall, at a minimum--
(A) provide recommendations for the conservation, funding, management, and development of the resources of the heritage area;
(B) identify sources of funding;
(C) include an inventory of the cultural, historical, archaeological, natural, and recreational resources of the heritage area;
(D) provide recommendations for educational and interpretive programs to inform the public about the resources of the heritage area; and
(E) include an analysis of ways in which local, State, Federal, and tribal programs may best be coordinated to promote the purposes of this title.
(4) If the management entity fails to submit a management plan to the secretary as provided in paragraph (1), the heritage area shall no longer be eligible to receive Federal funding under this title until such time as a plan is submitted to the Secretary.
(5) The Secretary shall approve or disapprove the management plan within 90 days after the date of submission. If the Secretary disapproves the management plan, the Secretary shall advise the management entity in writing of the reasons therefore and shall make recommendations for revisions to the plan.
(6) The management entity shall periodically review the management plan and submit to the Secretary any recommendations for proposed revisions to the management plan. Any major revisions to the management plan must be approved by the Secretary.
(b) Authority- The management entity may make grants and provide technical assistance to tribal and local governments, and other public and private entities to carry out the management plan.
(c) Duties- The management entity shall--
(1) give priority in implementing actions set forth in the management plan;
(2) encourage by appropriate means economic viability in the heritage area consistent with the goals of the management plan; and
(3) assist local and tribal governments and non-profit organizations in--
(A) establishing and maintaining interpretive exhibits in the heritage area;
(B) developing recreational resources in the heritage area;
(C) increasing public awareness of, and appreciation for, the cultural, historical, archaeological and natural resources and sits in the heritage area;
(D) the restoration of historic structures related to the heritage area; and
(E) carrying out other actions that the management entity determines appropriate to fulfill the purposes of this title, consistent with the management plan.
(d) Prohibition on Acquiring Real Property- The management entity may not use Federal funds received under this title to acquire real property or an interest in real property.
(e) Public Meetings- The management entity shall hold public meetings at least annually regarding the implementation of the management plan.
(f) Annual Reports and Audits-
(1) For any year in which the management entity receives Federal funds under this title, the management entity shall submit an annual report to the Secretary setting forth accomplishments, expenses and income, and each entity to which any grant was made by the management entity.
(2) The management entity shall make available to the Secretary for audit all records relating to the expenditure of Federal funds and any matching funds. The management entity shall also require, for all agreements authorizing expenditure of Federal funds by other organizations, that the receiving organization make available to the Secretary for audit all records concerning the expenditure of those funds.
(a) Technical and Financial Assistance- The Secretary may, upon request of the management entity, provide technical and financial assistance to develop and implement the management plan.
(b) Priority- In providing assistance under subsection (a), the Secretary shall give priority to actions that facilitate--
(1) the conservation of the significant natural, cultural, historical, archaeological, scenic, and recreational resources of the heritage area; and
(2) the provision of educational, interpretive, and recreational opportunities consistent with the resources and associated values of the heritage area.
(a) Private Property Protection-
(1) NOTIFICATION AND CONSENT OF PROPERTY OWNERS REQUIRED- No privately owned property shall be preserved, conserved, or promoted by the management plan for the Heritage Area until the owner of that private property has been notified in writing by the management entity and has given written consent for such preservation, conservation or promotion to the management entity.
(2) LANDOWNER WITHDRAWAL- Any owner of private property included within the boundary of the heritage area, shall have their property immediately removed from within the boundary by submitting a written request to the management entity.
(3) ACCESS TO PRIVATE PROPERTY- Nothing in this title shall be construed to require any private property owner to permit public access (including Federal, State, or local government access) to such private property. Nothing in this title shall be construed to modify any provision of Federal, State, or local law with regard to public access to or use of private lands.
(4) 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.
(5) RECOGNITION OF AUTHORITY TO CONTROL LAND USE- Nothing in this title shall be construed to modify any authority of Federal, State, or local governments to regulate land use.
(6) PARTICIPATION OF PRIVATE PROPERTY OWNERS IN HERITAGE AREA- Nothing in this title 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.
(b) Effect of Establishment- The boundaries designated for the heritage area represent the area within which Federal funds appropriated for the purpose of this title shall be expended. The establishment of the heritage area and its boundaries shall not be construed to provide any nonexisting regulatory authority on land use within the heritage area or its viewshed by the Secretary, the National Park Service, or the management entity.
(c) Tribal Lands- Nothing in this title shall restrict or limit a tribe from protecting cultural or religious sites on tribal lands.
(d) Trust Responsibilities- Nothing in this title shall diminish the Federal Government's trust responsibilities or government-to-government obligations to any federally recognized Indian tribe.
The authority of the Secretary to provide assistance under this title terminates on the date that is 15 years after the date of enactment of this Act.
(a) In General- There are authorized to be appropriated to carry out this title $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 title shall be not more than 50 percent.
Passed the House of Representatives May 16, 2005.
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