[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1791 Reported in House (RH)]
<DOC>
Union Calendar No. 549
115th CONGRESS
2d Session
H. R. 1791
[Report No. 115-709]
To establish the Mountains to Sound Greenway National Heritage Area in
the State of Washington, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 29, 2017
Mr. Reichert (for himself and Mr. Smith of Washington) introduced the
following bill; which was referred to the Committee on Natural
Resources
June 1, 2018
Additional sponsors: Ms. DelBene and Ms. Jayapal
June 1, 2018
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on March
29, 2017]
_______________________________________________________________________
A BILL
To establish the Mountains to Sound Greenway National Heritage Area in
the State of Washington, 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 ``Mountains to Sound Greenway National
Heritage Act''.
SEC. 2. PURPOSES; CONSTRUCTION.
The purposes of this Act include--
(1) to recognize the national importance of the natural and
cultural legacies of the area, as demonstrated in the study
entitled ``Mountains to Sound Greenway National Heritage Area
Feasibility Study'' dated April 2012 and its addendum dated May
2014;
(2) to recognize the heritage of natural resource
conservation in the Pacific Northwest and in the Mountains to
Sound Greenway;
(3) to preserve, support, conserve, and interpret the
legacies of natural resource conservation, community
stewardship, and Indian tribes and nations from time
immemorial, within the Mountains to Sound National Heritage
Area;
(4) to promote heritage, cultural, and recreational tourism
and to develop educational and cultural programs for visitors
and the general public;
(5) to recognize and interpret important events and
geographic locations representing key developments in the
creation of America, particularly the settlement of the
American West and the stories of diverse ethnic groups, Indian
tribes, and others;
(6) to enhance a cooperative management framework to assist
Federal, State, local, and Tribal governments, the private
sector, and citizens residing in the Heritage Area in
conserving, supporting, managing, and enhancing natural and
recreational sites in the Heritage Area;
(7) to recognize and interpret the relationship between
land and people, representing broad American ideals
demonstrated through the integrity of existing resources within
the Heritage Area; and
(8) to support working relationships between public land
managers and the community by creating relevant links between
the National Park Service, the Forest Service, other relevant
Federal agencies, Tribal governments, State and local
governments and agencies, and community stakeholders within and
surrounding the Heritage Area in order to protect, enhance, and
interpret cultural and natural resources within the Heritage
Area.
SEC. 3. DEFINITIONS.
In this Act:
(1) Heritage area.--The term ``Heritage Area'' means the
Mountains to Sound Greenway National Heritage Area established
in this Act.
(2) Local coordinating entity.--The term ``local
coordinating entity'' means the entity selected by the
Secretary under section 4(d).
(3) Management plan.--The term ``management plan'' means
the management plan for the Heritage Area required under
section 5.
(4) Map.--The term ``Map'' means the map entitled
``Mountains to Sound Greenway National Heritage Area Proposed
Boundary'', numbered 584/125,484, and dated August 2014.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) State.--The term ``State'' means the State of
Washington.
(7) Tribe or tribal.--The terms ``Tribe'' or ``Tribal''
mean any federally recognized Indian tribe with cultural
heritage and historic interests within the proposed Mountains
to Sound Greenway National Heritage Area, including the
Snoqualmie, Yakama, Tulalip, Muckleshoot and Colville Indian
tribes.
SEC. 4. DESIGNATION OF THE MOUNTAINS TO SOUND GREENWAY NATIONAL
HERITAGE AREA.
(a) Establishment.--There is established in the State the Mountains
to Sound Greenway National Heritage Area.
(b) Boundaries.--The Heritage Area shall consist of land located in
King and Kittitas Counties in the State, as generally depicted on the
map.
(c) Map.--The map shall be on file and available for public
inspection in the appropriate offices of the National Park Service, the
United States Forest Service, and the local coordinating entity.
(d) Local Coordinating Entity.--The Secretary shall designate a
willing local unit of government, a consortium of affected counties,
Indian tribe, or a nonprofit organization to serve as the coordinating
entity for the Heritage Area within 120 days of the date of the
enactment of this Act.
SEC. 5. MANAGEMENT PLAN.
(a) In General.--Not later than 3 years after the date of the
enactment of this Act, the local coordinating 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 Federal, State, Tribal, and
local plans; and
(3) include--
(A) an inventory of the natural, historical,
cultural, educational, scenic, and recreational
resources of the Heritage Area, including an
acknowledgment of the exercise of Tribal treaty rights,
that relate to the national importance and themes of
the Heritage Area that should be conserved and
enhanced;
(B) a description of strategies and recommendations
for conservation, funding, management, and development
of the Heritage Area;
(C) a description of the actions that Federal,
State, local, and Tribal governments, private
organizations, and individuals have agreed to take to
protect and interpret the natural, cultural,
historical, scenic, and recreational resources of the
Heritage Area;
(D) a program of implementation for the management
plan by the local coordinating entity, including--
(i) performance goals and ongoing
performance evaluation; and
(ii) commitments for implementation made by
partners;
(E) the identification of sources of funding for
carrying out the management plan;
(F) analysis and recommendations for means by which
Federal, State, local, and Tribal programs may best be
coordinated to carry out this section;
(G) an interpretive plan for the Heritage Area,
including Tribal heritage;
(H) recommended policies and strategies for
resource management, including the development of
intergovernmental and interagency cooperative
agreements to protect the natural, cultural,
historical, scenic, and recreational resources of the
Heritage Area; and
(I) a definition of the roles of the National Park
Service, the Forest Service, other Federal agencies,
and Tribes in the coordination of the Heritage Area and
in otherwise furthering the purposes of this Act.
(c) Deadline.--If a proposed management plan is not submitted to
the Secretary by the date that is 3 years after the date of the
enactment of this Act, the local coordinating entity shall be
ineligible to receive additional funding under this Act until the date
on which 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 proposed management plan, the Secretary, in
consultation with the State, affected counties, and Tribal
governments, 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 local coordinating entity has 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, if
implemented, would adequately protect the natural,
cultural, historical, scenic, and recreational
resources of the Heritage Area;
(C) the management plan is consistent with the
Secretary's trust responsibilities to Indian tribes and
Tribal treaty rights within the National Heritage Area;
and
(D) the management plan is supported by the
appropriate State, Kittitas County, King County, and
local officials, the cooperation of which is needed to
ensure the effective implementation of State and local
aspects of the management plan.
(3) Action following disapproval.--If the Secretary
disapproves the management plan, the Secretary shall--
(A) advise the local coordinating entity in writing
of the reasons for the disapproval;
(B) make recommendations to the local coordinating
entity for revisions to the management plan; and
(C) not later than 180 days after the receipt of
any revised management plan from the local coordinating
entity, approve or disapprove the revised management
plan.
(e) Amendments.--The Secretary shall review and approve or
disapprove in the same manner as the original management plan, each
amendment to the management plan that makes a substantial change to the
management plan, as determined by the Secretary. The local coordinating
entity shall not carry out any amendment to the management plan until
the date on which the Secretary has approved the amendment.
SEC. 6. ADMINISTRATION.
(a) Authorities.--
(1) In general.--For purposes of implementing the
management plan, the Secretary and Forest Service may--
(A) provide technical assistance for the
implementation of the management plan; and
(B) enter into cooperative agreements with the
local coordinating entity, State and local agencies,
Tribes, and other interested parties to carry out this
Act, including cooperation and cost sharing as
appropriate to provide more cost-effective and
coordinated public land management.
(2) Termination of authority.--The authority of the
Secretary to provide technical assistance under this Act
terminates on the date that is 15 years after the date of the
enactment of this Act.
(b) Local Coordinating Entity Authorities.--For purposes of
implementing the management plan, the local coordinating entity may--
(1) make grants to the State or a political subdivision of
the State, Tribes, nonprofit organizations, and other persons;
(2) enter into cooperative agreements with, or provide
technical assistance to, Federal agencies, the State or
political subdivisions of the State, Tribes, nonprofit
organizations, and other interested parties;
(3) hire and compensate staff, including individuals with
expertise in natural, cultural, historical, scenic, and
recreational resource protection and heritage programming;
(4) obtain money or services from any source, including any
money or services that are provided under any other Federal law
or program, in which case the Federal share of the cost of any
activity assisted using Federal funds provided for National
Heritage Areas shall not be more than 50 percent;
(5) contract for goods or services; and
(6) undertake to be a catalyst for other activities that--
(A) further the purposes of the Heritage Area; and
(B) are consistent with the management plan.
(c) Local Coordinating Entity Duties.--The local coordinating
entity shall--
(1) in accordance with section 5, prepare and submit a
management plan to the Secretary;
(2) assist units of Federal, State, and local government,
Tribes, regional planning organizations, nonprofit
organizations, and other interested parties 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; and
(D) increasing public awareness of, and
appreciation for, the natural, cultural, historical,
Tribal, scenic, and recreational resources of the
Heritage Area;
(3) consider the interests of diverse units of government,
Tribes, business, 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) encourage, by appropriate means, economic viability
that is consistent with the Heritage Area; and
(6) submit a report to the Secretary every five years after
the Secretary has approved the management plan, specifying--
(A) the expenses and income of the local
coordinating entity; and
(B) significant grants or contracts made by the
local coordinating entity to any other entity over the
5-year period that describes the activities, expenses,
and income of the local coordinating entity (including
grants from the local coordinating entity to any other
entity during the year that the report is made).
(d) Prohibition on Acquisition of Real Property.--The local
coordinating entity may not acquire real property or interest in real
property through condemnation.
(e) Use of Federal Funds.--Nothing in this Act shall preclude the
local coordinating entity from using Federal funds available under
other laws for the purposes for which those funds were authorized.
SEC. 7. RELATIONSHIP TO TRIBAL GOVERNMENTS.
Nothing in this Act shall construe, define, waive, limit, affect
any rights of any federally recognized Indian tribe and the Federal
trust responsibility.
SEC. 8. 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.--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 local
coordinating 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. 9. PRIVATE PROPERTY AND REGULATORY PROTECTIONS.
Nothing in this Act, the proposed Mountains to Sound Greenway
National Heritage Area, or resulting management plan (or any revisions
to that plan) shall--
(1) abridge the rights of any owner of public or private
property, including the right to refrain from participating in
any plan, project, program, or activity conducted within the
Heritage Area;
(2) require any property owner--
(A) to allow public access (including access by
Federal, State, or local agencies) to the property of
the property owner; or
(B) to modify public access or use of property of
the property owner under any other Federal, State, or
local law;
(3) alter any duly adopted land use regulation, approved
land use plan, or other regulatory authority of any Federal,
State, Tribal, or local agency;
(4) convey any land use or other regulatory authority to
the local coordinating entity or any subsidiary organization,
including but not necessarily limited to development and
management of energy or water or water-related infrastructure;
(5) authorize or imply the reservation or appropriation of
water or water rights;
(6) diminish the authority of the State to manage fish and
wildlife, including the regulation of fishing and hunting
within the Heritage Area or the authority of Tribes to regulate
their members with respect to such matters in the exercise of
Tribal treaty rights;
(7) create 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;
(8) affect current or future grazing permits, leases, or
allotment on Federal lands;
(9) affect the construction, operation, maintenance or
expansion of current or future water projects, including water
storage, hydroelectric facilities, or delivery systems; or
(10) alter the authority of State, county, or local
governments in land use planning or obligate those governments
to comply with any recommendations in the management plan.
SEC. 10. EVALUATION AND REPORT.
(a) In General.--Not later than 15 years after the date of the
enactment of this Act, 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 local coordinating entity
with respect to--
(A) accomplishing the purposes of the Heritage
Area; and
(B) achieving the goals and objectives of the
management plan;
(2) analyze the investments of Federal, State, Tribal, and
local governments and private entities in the Heritage Area to
determine the 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.--Based on the evaluation conducted under subsection
(a)(1), the Secretary shall submit to the Committee on Natural
Resources of the House of Representatives and the Committee on Energy
and Natural Resources of the Senate a report that includes
recommendations for the future role of the National Park Service with
respect to the Heritage Area.
Union Calendar No. 549
115th CONGRESS
2d Session
H. R. 1791
[Report No. 115-709]
_______________________________________________________________________
A BILL
To establish the Mountains to Sound Greenway National Heritage Area in
the State of Washington, and for other purposes.
_______________________________________________________________________
June 1, 2018
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed