[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 3167 Introduced in Senate (IS)]
<DOC>
114th CONGRESS
2d Session
S. 3167
To establish the Appalachian Forest National Heritage Area, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 12, 2016
Mr. Manchin (for himself, Mrs. Capito, Ms. Mikulski, and Mr. Cardin)
introduced the following bill; which was read twice and referred to the
Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To establish the Appalachian Forest 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 the ``Appalachian Forest National Heritage
Area Act of 2016''.
SEC. 2. FINDINGS; PURPOSES.
(a) Findings.--Congress finds that--
(1) the Heritage Area--
(A) is comprised of 18 counties that are located in
West Virginia and western Maryland; and
(B) taken as a whole--
(i) possesses exceptional cultural,
natural, and historical resources that form a
cohesive and nationally distinctive landscape;
(ii) demonstrates landscapes that arose
from patterns of human activity that were
shaped by the geography of the forested central
Appalachian Mountains; and
(iii) reflects both modern and historical
uses by citizens who continue to affect, and be
affected by, the landscape of the forest;
(2) there is a national interest in protecting, conserving,
restoring, promoting, and interpreting the benefits of the
Heritage Area for--
(A) the residents of the Heritage Area; and
(B) visitors to the Heritage Area;
(3) nationally significant historical and cultural
resources located in the Heritage Area form a unique aspect of
the heritage of the United States;
(4) with respect to the economic development of the United
States--
(A) the timber harvesting activities in the region
helped fuel late 19th century and early 20th century
industrial growth throughout the United States; and
(B) prominent industrialists of the region were
also active in the national economy;
(5) workers who participated in the timber boom of the
region brought a blending of cultures of European and African-
American immigrants;
(6) the growth of each community located in the region was
impacted by the forested central Appalachian Mountains;
(7) the rich culture of central Appalachia--
(A) includes folklife, music, dance, crafts, and
other culturally rich traditions; and
(B) is inextricably tied to the forest land of the
region;
(8) significant historical and cultural sites and resources
located in the Heritage Area include--
(A) historic sites from the logging era (including
the intact logging company town that is located at the
Cass Scenic Railroad State Park);
(B) historic sites that evidence conservation
efforts (including structures constructed by the
Civilian Conservation Corps);
(C) 5 national historic landmarks; and
(D) segments of 4 National Scenic Byways and 1 All-
American Road;
(9) nationally significant natural and physical resources
in the Heritage Area include spectacular natural, scenic, and
recreational resources, featuring the core of the central
hardwood forest of the United States, which--
(A) as a result of sound forest management and
protection of public land, grew from the original
cutting of the forest; and
(B) includes--
(i) the remnants of old growth forests;
(ii) protected wilderness areas;
(iii) 14 national natural landmarks;
(iv) Federal and State forest lands that
were created to foster the regrowth of the
forests of the United States, including the
Monongahela National Forest, and 9 State
forests;
(v) experimental forests that demonstrate
the evolution of forestry management;
(vi) forests managed by public and private
entities; and
(vii) a dynamic forest industry comprised
of mills that demonstrate the ongoing
importance of the forest land and forest
products to the region;
(10) local public and private partnerships that are based
on the visions of the community and region are working together
to promote the stewardship, enhancement, and interpretation of
the resources of the Heritage Area;
(11) to promote the goals described in paragraph (10),
local residents, organizations, and governments support the
establishment of a national heritage area; and
(12) involvement by the Federal Government would enhance
the efforts to promote the cultural, natural, historical, and
recreational resources of the region that have been made by--
(A) the States of West Virginia and Maryland;
(B) political subdivisions of the States of West
Virginia and Maryland;
(C) volunteer organizations; and
(D) private businesses.
(b) Purposes.--The purposes of this Act are--
(1) to provide a cooperative management framework to the
States of West Virginia and Maryland, the political
subdivisions of those States, and the citizens of those States
to conserve, enhance, and interpret the significant features of
the forest, land, water, and structures of the Heritage Area;
and
(2) to foster a close working relationship with all levels
of government, the private sector, and the local communities of
the region to enable those communities--
(A) to conserve the heritage of those communities;
and
(B) to continue to pursue economic opportunities
for those communities.
SEC. 3. DEFINITIONS.
In this Act:
(1) Heritage area.--The term ``Heritage Area'' means the
Appalachian Forest National Heritage Area established by
section 4(a).
(2) Local coordinating entity.--The term ``local
coordinating entity'' means the management entity for the
Heritage Area designated by section 4(d)(1).
(3) Management plan.--The term ``management plan'' means
the management plan for the Heritage Area developed under
section 5(a).
(4) Map.--The term ``map'' means the map entitled
``Appalachian Forest National Heritage Area'', numbered T07/
80,000, and dated October 2007.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) State.--The term ``State'' means each of the States
of--
(A) Maryland; and
(B) West Virginia.
SEC. 4. APPALACHIAN FOREST NATIONAL HERITAGE AREA.
(a) Establishment.--There is established the Appalachian Forest
National Heritage Area.
(b) Boundaries.--The Heritage Area shall include--
(1) the Barbour, Braxton, Grant, Greenbrier, Hampshire,
Hardy, Mineral, Morgan, Nicholas, Pendleton, Pocahontas,
Preston, Randolph, Tucker, Upshur, and Webster Counties of the
State of West Virginia; and
(2) the Allegany and Garrett Counties of the State of
Maryland.
(c) Availability of Map.--A map of the Heritage Area shall be on
file and available for public inspection in the appropriate offices
of--
(1) the National Park Service; and
(2) the local coordinating entity.
(d) Local Coordinating Entity.--The Appalachian Forest Heritage
Area, Inc., shall--
(1) serve as the local coordinating entity for the Heritage
Area;
(2) oversee the development of a management plan under
section 5(a); and
(3) be governed by a board of directors that shall--
(A) include members from a geographic balance
across the counties described in subsection (b) and the
States;
(B) be composed of not fewer than 7, and not more
than 15, members elected by the membership of the local
coordinating entity;
(C) be selected to represent a balanced group of
diverse interests, including--
(i) the forest industry;
(ii) environmental interests;
(iii) cultural heritage interests;
(iv) tourism interests; and
(v) regional agency partners;
(D) exercise all corporate powers of the local
coordinating entity;
(E) manage the activities and affairs of the local
coordinating entity; and
(F) subject to any limitations in the articles and
bylaws of the local coordinating entity, this section,
and any other applicable Federal or State law,
establish the policies of the local coordinating
entity.
SEC. 5. MANAGEMENT PLAN.
(a) In General.--Not later than 3 years after the date on which
funds are first made available to carry out this Act, the local
coordinating entity shall develop and submit to the Secretary for
approval a management plan for the Heritage Area.
(b) Requirements.--The management plan shall--
(1) present comprehensive policies, goals, strategies, and
recommendations for--
(A) presenting to the citizens of the United States
the heritage of the region; and
(B) encouraging the long-term resource
conservation, enhancement, interpretation, funding,
management, and development of the Heritage Area;
(2) take into consideration and coordinate Federal, State,
and local plans to present a unified historic preservation and
interpretation plan;
(3) involve residents, public agencies, and private
organizations of the Heritage Area;
(4) describe actions that units of government, private
organizations, and citizens recommend for the conservation,
enhancement, interpretation, funding, management, and
development of the resources of the Heritage Area;
(5) identify--
(A) existing and potential sources of Federal and
non-Federal funding for the conservation, enhancement,
interpretation, funding, management, and development of
the resources of the Heritage Area; and
(B) economic development strategies for the
conservation, enhancement, interpretation, funding,
management, and development of the resources of the
Heritage Area;
(6) include--
(A) an inventory of the cultural, natural,
historical, educational, scenic, and 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, enhanced,
managed, or developed;
(B) a recommendation of policies and strategies for
resource management and protection, including the
development of intergovernmental cooperative agreements
to manage and conserve the cultural, natural,
historical, educational, scenic, and recreational
resources of the Heritage Area;
(C) a program of strategies and actions to
implement the management plan that includes--
(i) performance goals;
(ii) resource conservation plans;
(iii) enhancement strategies;
(iv) interpretation strategies; and
(v) specific commitments for implementation
that have been made by the local coordinating
entity or any government, organization,
business, or individual;
(D) an analysis of, and recommendations for, means
by which Federal, State, and local programs may best be
coordinated to further the purposes of this Act,
including an analysis of the role of the National Park
Service and other Federal agencies associated with the
Heritage Area;
(E) a business plan that--
(i) describes the role, operation,
financing, and functions of--
(I) the local coordinating entity;
and
(II) each of the major activities
included in the management plan; and
(ii) provides adequate assurances that the
local coordinating entity has the partnerships
and financial and other resources necessary to
implement the management plan; and
(F) an interpretive plan for the Heritage Area; and
(7) list any revisions to the boundaries of the Heritage
Area proposed by the local coordinating entity and requested by
the affected local government.
(c) Deadline; Termination of Funding.--
(1) Deadline.--Not later than 3 years after the date on
which funds are made available under section 11(a), the local
coordinating entity shall submit the management plan to the
Secretary for approval.
(2) Termination of funding.--If the management plan is not
submitted to the Secretary in accordance with this section, the
Secretary shall not provide to the local coordinating entity
any additional financial assistance under this Act until the
management plan is submitted to and approved by the Secretary
under subsection (d)(1).
(d) Approval of Management Plan.--
(1) Review.--Not later than 180 days after the date of
receipt of the management plan under subsection (c)(1), the
Secretary shall review and approve or disapprove the management
plan.
(2) Criteria.--In determining whether to approve the
management plan, the Secretary shall consider whether--
(A) the management plan meets all requirements
described in subsection (b); and
(B) the local coordinating entity has afforded
adequate opportunity, including public hearings, for
public and governmental involvement in the preparation
of the management plan.
(e) Action Following Disapproval.--If the Secretary disapproves the
management plan under subsection (d)(1), the Secretary shall--
(1) advise the local coordinating entity in writing of the
reasons for the disapproval;
(2) make recommendations for revisions to the management
plan; and
(3) not later than 180 days after the date of receipt of a
proposed revision to the management plan, approve or disapprove
the proposed revision.
(f) Amendments.--
(1) In general.--The Secretary shall review and approve or
disapprove each amendment to the management plan that the
Secretary determines may substantially alter the purposes of
the Heritage Area.
(2) Use of funds.--Funds made available under this Act
shall not be expended by the local coordinating entity to
implement an amendment described in paragraph (1) until the
Secretary approves the amendment.
(g) Effect of Inaction.--If the Secretary does not approve or
disapprove a management plan, revision, or change within 180 days after
it is submitted to the Secretary, then the management plan, revision,
or change shall be deemed to have been approved by the Secretary.
SEC. 6. AUTHORITIES, DUTIES, AND PROHIBITION OF THE LOCAL COORDINATING
ENTITY.
(a) Authorities.--To prepare and carry out the management plan, the
local coordinating entity may use funds made available under this Act
to--
(1) make grants to--
(A) political jurisdictions;
(B) nonprofit organizations; and
(C) other parties located in the Heritage Area;
(2) enter into cooperative agreements with, or provide
technical assistance to--
(A) political jurisdictions;
(B) nonprofit organizations;
(C) Federal agencies; and
(D) other interested parties;
(3) hire and compensate staff who have demonstrated
expertise in the fields of--
(A) cultural, natural, and historical resources
conservation;
(B) economic and community development;
(C) forestry planning; or
(D) heritage planning;
(4) obtain funds from any source (including a program that
has a cost-sharing requirement);
(5) contract for goods or services; and
(6) support activities of partners, and any other
activities, that--
(A) further the purposes of the Heritage Area; and
(B) are consistent with the management plan
approved under section 5(d)(1).
(b) Duties.--In addition to developing the management plan, the
local coordinating entity shall--
(1) for any fiscal year for which Federal funds have been
received by the local coordinating entity under this Act--
(A) submit an annual report to the Secretary that
describes--
(i) the specific performance goals and
accomplishments of the local coordinating
entity;
(ii) the expenses and income of the local
coordinating entity;
(iii) the amounts and sources of matching
funds;
(iv) the amounts leveraged with Federal
funds and the sources of the leveraging; and
(v) any grants made to any other entities
during the fiscal year; and
(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
(2) encourage, by appropriate means and consistent with the
purposes of the Heritage Area, the economic viability of the
Heritage Area.
(c) Prohibition on the Acquisition of Real Property.--The local
coordinating entity shall not use Federal funds made available under
this Act to acquire real property or any interest in real property.
SEC. 7. AUTHORITIES AND DUTIES OF THE SECRETARY.
(a) Technical and Financial Assistance.--On request of the local
coordinating entity, the Secretary may provide technical and financial
assistance, on a reimbursable or nonreimbursable basis, to the local
coordinating entity for--
(1) the development and implementation of the management
plan; and
(2) other initiatives of the local coordinating entity.
(b) Cooperative Agreements.--
(1) In general.--To carry out this Act, the Secretary may
enter into cooperative agreements with the local coordinating
entity and other public and private entities to provide
assistance under subsection (a).
(2) Requirements.--The cooperative agreement under
paragraph (1) shall, at a minimum--
(A) establish the goals and objectives of the
Heritage Area; and
(B) include--
(i) a proposal relating to the conservation
and interpretation of the Heritage Area; and
(ii) a general outline describing each
measure agreed to by the Secretary and the
local coordinating entity.
SEC. 8. RELATIONSHIP TO OTHER FEDERAL AGENCIES.
(a) In General.--This Act shall not affect the authority of any
Federal official to provide technical or financial assistance under any
other law.
(b) Consultation and Coordination.--The head of any Federal agency
planning to conduct an activity that may have an impact on the Heritage
Area shall, to the maximum extent practicable--
(1) consult with the Secretary and the local coordinating
entity regarding the activity; and
(2) coordinate the activity with the Secretary and the
local coordinating entity.
(c) Effect on Other Federal Agencies.--Nothing in this Act--
(1) modifies, alters, or amends any law (including a
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. 9. PROPERTY OWNERS AND REGULATORY PROTECTIONS.
Nothing in this Act shall be construed to--
(1) abridge 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) require any property owner to permit public access
(including Federal, Tribal, State, or local government access)
to such property or to modify any provisions of Federal,
Tribal, State, or local law with regard to public access or use
of private lands;
(3) alter any duly adopted land use regulation or any
approved land use plan or any other regulatory authority of any
Federal, State, or local agency or Tribal government, or to
convey any land use or other regulatory authority to any local
coordinating entity;
(4) authorize or imply the reservation or appropriation of
water or water rights;
(5) diminish the authority of the State to manage fish and
wildlife including the regulation of fishing and hunting within
the Heritage Area;
(6) 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;
or
(7) abridge, or authorize the Secretary or the local
coordinating entity to abridge, valid rights to timber
harvesting.
SEC. 10. EVALUATION.
(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 conduct an evaluation of the accomplishments of the
Heritage Area and prepare a report with recommendations for the
National Park Service's future role, if any, with respect to the
Heritage Area.
(b) Evaluation Components.--An evaluation prepared under subsection
(a) shall--
(1) assess the progress of the local coordinating entity
with respect to--
(A) accomplishing the purposes of the authorizing
legislation 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) Recommendations.--Based upon the evaluation under subsection
(a), the Secretary shall prepare a report with recommendations for the
National Park Service's future role, if any, with respect to the
Heritage Area.
(d) Submission to Congress.--On completion of a report under
subsection (c), the Secretary shall submit the report to--
(1) the Committee on Energy and Natural Resources of the
Senate; and
(2) the Committee on Natural Resources of the House of
Representatives.
SEC. 11. FUNDING.
(a) 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 authorized to be appropriated for any fiscal year.
(b) Matching Funds.--
(1) In general.--As a condition of receiving assistance
under subsection (a), the local coordinating entity shall match
any amounts provided to the local coordinating entity under
this Act.
(2) Forms of payment.--To meet the matching requirement
described in paragraph (1), the local coordinating entity shall
provide to the Secretary payments that--
(A) shall be derived from non-Federal sources; and
(B) may be in-kind contributions of goods or
services.
SEC. 12. TERMINATION OF AUTHORITY.
(a) In General.--Subject to subsection (b), the authority of the
Secretary to provide financial assistance under this Act terminates on
the date that is 15 years after the date of enactment of this Act.
(b) Exception.--The termination of authority of the Secretary under
subsection (a) shall not affect the authority of the Secretary to
provide to the local coordinating entity technical assistance and
administrative oversight.
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