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[House Report 113-692]
[From the U.S. Government Publishing Office]

113th Congress      }                               {       Report
                        HOUSE OF REPRESENTATIVES
 2d Session         }                               {       113-692
======================================================================
 
         MOUNTAINS TO SOUND GREENWAY NATIONAL HERITAGE AREA ACT

                                _______
                                

 December 22, 2014.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

 Mr. Hastings of Washington, from the Committee on Natural Resources, 
                        submitted the following

                              R E P O R T

                             together with

                            DISSENTING VIEWS

                        [To accompany H.R. 1785]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 1785) to establish the Mountains to Sound 
Greenway National Heritage Area in the State of Washington, and 
for other purposes, having considered the same, report 
favorably thereon with an amendment and recommend that the bill 
as amended do pass.
    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Mountains to Sound Greenway National 
Heritage Area Act''.

SEC. 2. 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 3(d).
          (3) Map.--The term ``map'' means the map titled ``Mountains 
        to Sound Greenway National Heritage Area Proposed Boundary'', 
        numbered 584/125,484 and dated January 31, 2011.
          (4) Secretary.--The term ``Secretary'' means the Secretary of 
        the Interior.
          (5) State.--The term ``State'' means the State of Washington.

SEC. 3. DESIGNATION OF THE MOUNTAINS TO SOUND GREENWAY NATIONAL 
                    HERITAGE AREA.

  (a) Establishment.--There is hereby established the Mountains to 
Sound Greenway National Heritage Area in the State, to consist of land 
in King and Kittitas counties in the State, as generally depicted on 
the map, unless the county commission of King or Kittitas county elects 
at any time to be excluded from the Heritage Area, in which case that 
county shall not be part of the Heritage Area.
  (b) Map.--The map shall be on file and available to the public in the 
appropriate offices of the National Park Service, United States Forest 
Service, and the local coordinating entity.
  (c) Local Coordinating Entity.--The Secretary shall select a local 
coordinating entity for the Heritage Area.

SEC. 4. MANAGEMENT PLAN.

  (a) In General.--Not later than 3 years after the date of the 
enactment of this Act and subject to subsection (b)(4), 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, management, and interpretation of 
        the natural, cultural, historic, scenic, and recreational 
        resources of the Heritage Area;
          (2) take into consideration State government plans;
          (3) include--
                  (A) an inventory of the resources of the Heritage 
                Area;
                  (B) an inventory of any other property in the 
                Heritage Area that is related to the themes of the 
                Heritage Area, and should be preserved, restored, 
                managed or maintained because of the significance of 
                the property;
                  (C) comprehensive policies, strategies and 
                recommendations for conservation, funding, management, 
                and development of the Heritage Area;
                  (D) 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;
                  (E) a program of implementation for the management 
                plan by the local coordinating entity that includes a 
                description of--
                          (i) actions to facilitate ongoing 
                        collaboration among partners to promote plans 
                        for resource protection, restoration, and 
                        construction; and
                          (ii) specific commitments for implementation 
                        that have been made by the local coordinating 
                        entity or any government, organization or 
                        individual for the first five years of 
                        operation;
                  (F) analysis and recommendations for means by which 
                Federal, State, and local programs, including the role 
                of the National Park Service in the Heritage Area, may 
                best be coordinated to carry out this Act;
                  (G) an interpretative plan for the Heritage Area; and
          (4) be submitted to the county commissions of King and 
        Kittitas counties in the State for approval by the commissions 
        before the management plan is submitted to the Secretary, 
        unless the county has elected not to be part of the Heritage 
        Area.
  (c) Approval or Disapproval of Management Plan.--
          (1) Review.--Not later than 180 days after receiving the 
        management plan for the Heritage Area, the Secretary shall 
        review and, in consultation with the Secretary of Agriculture 
        and State, approve or disapprove the management plan on the 
        basis of the criteria established under paragraph (2).
          (2) Criteria for approval.--In determining whether to approve 
        a management plan for a Heritage Area, the Secretary shall 
        consider whether--
                  (A) the local coordinating entity represents the 
                diverse interests of the Heritage Area, including 
                governments, natural and historic resource protection 
                organizations, educational institutions, businesses, 
                recreational organizations, and private property 
                owners;
                  (B) the local coordinating entity has afforded 
                adequate opportunity, including public hearings, for 
                the public and Federal, State, tribal, and local 
                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.
  (d) Disapproval.--
          (1) In general.--If the Secretary disapproves the management 
        plan, the Secretary shall--
                  (A) advise the local coordinating entity in writing 
                of the reasons for the disapproval; and
                  (B) make recommendations to the local coordinating 
                entity for revisions to the management plan.
          (2) Deadline.--Not later than 180 days after receiving a 
        revised management plan, the Secretary shall approve or 
        disapprove the revised management plan.
  (e) Amendments.--
          (1) In general.--An amendment to the management plan that 
        substantially changes the management plan shall be reviewed by 
        the Secretary and approved or disapproved in the same manner as 
        the original management plan.
          (2) County review and approval.--No amendment may be 
        submitted to the Secretary under paragraph (1) until and unless 
        the amendment is first reviewed and approved by the county 
        commissions for King and Kittitas counties in the State (unless 
        that county has elected not to be part of the Heritage Area).
          (3) Implementation.--The local coordinating entity shall not 
        implement an amendment to the management plan until the 
        Secretary approves the amendment.
  (f) Authorities.--The Secretary may provide technical assistance to 
the State, political subdivisions of the State, nonprofit 
organizations, and other interested parties.

SEC. 5. EVALUATION; REPORTING.

  (a) In General.--Not later than 10 years after the enactment of this 
Act, the Secretary, in consultation with the Secretary of Agriculture, 
shall--
          (1) conduct an evaluation of the accomplishments of the 
        Heritage Area; and
          (2) prepare and submit a report pursuant to subsection (c).
  (b) Evaluation.--An evaluation conducted under this subsection 
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, tribal, local, and private 
        investments 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 (b), 
the Secretary shall submit a report to the Committee on Natural 
Resources of the House of Representatives and the Committee on Energy 
and Natural Resources of the Senate. The report shall include 
recommendations for the future role of the National Park Service with 
respect to the Heritage Area.

SEC. 6. LOCAL COORDINATING ENTITY.

  (a) Duties.--To further the purposes of the Heritage Area, the local 
coordinating entity shall--
          (1) prepare and submit a management plan for the Heritage 
        Area to the Secretary in accordance with section 4;
          (2) 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 entities during the 
                five-year period.
  (b) Authorities.--To further the purposes of the Heritage Area, the 
local coordinating entity may--
          (1) make grants to the State, or a political subdivision of 
        the State, nonprofit organizations, and other parties within 
        the National Heritage Area;
          (2) enter into cooperative agreements with or provide 
        technical assistance to political jurisdictions, nonprofit 
        organizations, Federal agencies, and other interested parties;
          (3) hire and compensate staff, which shall include 
        individuals with expertise in natural, cultural, and historical 
        resources protection, heritage programming, and economic and 
        community development;
          (4) obtain funds or services that are provided under any 
        Federal law or program not specifically applicable to national 
        heritage areas;
          (5) contract for goods or services;
          (6) support activities that further the Heritage Area and are 
        consistent with the approved management plan;
          (7) 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 interpretative 
                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 
                the 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;
          (8) 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;
          (9) conduct meetings open to the public at least semiannually 
        regarding the development and implementation of the management 
        plan;
          (10) for any year that Federal funds have been received by 
        the local coordinating entity--
                  (A) submit to the Secretary an annual report that 
                describes the activities, expenses, and income of the 
                local coordinating 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
          (11) encourage by appropriate means economic vitality that is 
        consistent with the Heritage Area.
  (c) Prohibition on Acquisition of Real Property.--The local 
coordinating entity may not acquire real property or interests in real 
property with Federal funds or through condemnation.

SEC. 7. 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 Secretary 
and 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. 8. PRIVATE PROPERTY AND REGULATORY PROTECTIONS.

  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, tribal, 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, tribal, or local law;
          (3) alters any duly adopted land use regulation, approved 
        land use plan, or other regulatory authority (such as the 
        authority to make safety improvements or increase the capacity 
        of existing roads or to construct new roads or associated 
        developments) of any Federal, State, tribal, local unit of 
        government or local agency, or conveys any land use or other 
        regulatory authority to any local coordinating entity, 
        including but not necessarily limited to development and 
        management of energy, water or water-related infrastructure;
          (4) alters, modifies, diminishes, or extinguishes the treaty 
        rights of any Indian tribe within the Heritage Area;
          (5) authorizes or implies the reservation or appropriation of 
        water or water rights;
          (6) diminishes the authority of the State to manage fish and 
        wildlife, including the regulation of fishing and hunting 
        within the Heritage Area;
          (7) creates any liability, or affects any liability under any 
        other law, of any private property owner;
          (8) affects current or future grazing permits, leases or 
        allotments on Federal lands; or
          (9) affects the construction, operation, maintenance, 
        improvement or expansion of current or future water projects, 
        including water storage, hydroelectric facilities, or delivery 
        systems.

SEC. 9. CLARIFICATION.

  Nothing in this Act authorizes the Secretary--
          (1) to allocate or distribute Federal funds to the local 
        coordinating entity; or
          (2) to expend Federal funds for any purpose under this Act 
        except for those purposes specifically enumerated to the 
        Secretary under section 3, subsections (c), (d), (e) and (f) of 
        section 4, and section 5.

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.

                          PURPOSE OF THE BILL

    The purpose of H.R. 1785 is to establish the Mountains to 
Sound Greenway National Heritage Area in the State of 
Washington.

                  BACKGROUND AND NEED FOR LEGISLATION

    H.R. 1785 would establish the Mountains to Sound Greenway 
National Heritage Area across portions of King and Kittitas 
Counties in the State of Washington. Congress has created 
National Heritage Areas (NHAs) in places with nationally 
significant natural, cultural, recreational or historical 
resources. Although these areas are not units of the National 
Park System, they do partner with the National Park Service for 
technical assistance and may also quality for certain federal 
funds. In general, the intent is for such designations to 
encourage private funding support and eventual self-sufficiency 
for the local non-federal coordinating entity.
    The landscape identified for designation under this bill 
includes areas of King and Kittitas Counties known for their 
environmental and recreation value, many working farms, ranches 
and woodlands, critically important water storage resources, 
and an economically vital transportation corridor across the 
Cascade Mountains. This area has been the focus of a grassroots 
conservation effort by the Mountains to Sound Greenway 
Coalition for more than 20 years.
    No new NHAs have been created during the past four years 
and this is the only bill to designate a new area that has had 
a hearing. This is due to current House of Representatives 
rules, as it is no longer possible to designate heritage areas 
in the same manner they've been created in the past. 
Furthermore, while NHAs are often presented as a means of 
simply promoting the specialness of a location or region of 
country, there remain concerns about the possible direct or 
indirect effects of such designations on local communities and 
private property, including regulatory or bureaucratic 
pressure.
    During markup of the bill, the Natural Resources Committee 
adopted an amendment that makes several modifications to the 
underlying bill to clarify that the designation of this 
heritage area is intended as a label for promotion and not a 
potential or unintended tool for influencing or interfering 
with local communities and property owners, or for altering 
existing federal management of lands and activities included in 
the heritage area.
    The amendment adds a clause that ensures there will be no 
impact to water activities, including current and future Bureau 
of Reclamation irrigation project activities. There is also a 
clause clarifying that there will be no impact to livestock 
grazing due to this designation. These are very important 
because the area includes a number of working farms and 
ranches, as well as serves as a source of reservoir water for 
the entire Yakima River Basin.
    The amendment also ensures that the two affected counties 
will have a strong role in how the designation affects their 
communities, including in the review and approval of the 
heritage area management plan.
    Lastly, the amendment allows the National Park Service to 
offer technical assistance to the local coordinating entity; 
however, the coordinating entity would not be eligible for 
additional federal funds as a result of this designation. This 
has been the subject of conversation with the local advocates 
for this heritage area and there has been recognition about the 
necessity for its inclusion for the bill to advance. Language 
is also included that provides that this will be accomplished 
without affecting the local coordinating entity's existing 
ability to qualify for other grants or programs.

                            COMMITTEE ACTION

    H.R. 1785 was introduced on April 26, 2013, by Congressman 
David Reichert (R-WA). The bill was referred to the Committee 
on Natural Resources, and within the Committee to the 
Subcommittee on Public Lands and Environmental Regulation. On 
July 29, 2014, the Subcommittee held a hearing on the bill. On 
November 19, 2014, the Full Natural Resources Committee met to 
consider the bill. The Subcommittee on Public Lands and 
Environmental Regulation was discharged by unanimous consent. 
Congressman Doc Hastings (R-WA) offered an amendment designated 
.046 to the bill; the amendment was adopted by voice vote. No 
further amendments were offered, and the bill, as amended, was 
adopted and ordered favorably reported to the House of 
Representatives by voice vote.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. Cost of Legislation. Clause 3(d)(1) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(2)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974. Under clause 3(c)(3) of rule 
XIII of the Rules of the House of Representatives and section 
403 of the Congressional Budget Act of 1974, the Committee has 
received the following cost estimate for this bill from the 
Director of the Congressional Budget Office:

H.R. 1785--Mountains to Sound Greenway National Heritage Area Act

    H.R. 1785 would establish approximately 1.5 million acres 
of land in the state of Washington as the Mountains to Sound 
Greenway National Heritage Area. The bill would direct the 
Secretary of the Interior to select a local entity to develop a 
plan to manage lands within the proposed heritage area, subject 
to the Secretary's approval. The bill would prohibit the 
Secretary from providing Federal funds to the selected local 
entity for purposes of managing the proposed area.
    CBO estimates that implementing H.R. 1785 would have a 
negligible effect on the Federal budget. Based on information 
from the National Park Service and assuming the availability of 
appropriated funds, CB0 estimates that the agency would spend 
less than $500,000 to review the proposed management plan and 
carry out other routine activities related to overseeing 
heritage areas. Enacting H.R. 1785 would not affect direct 
spending or revenues; therefore, pay-as-you-go procedures do 
not apply.
    H.R. 1785 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act. Any 
costs to state, local, or tribal entities resulting from 
designation of the region as a National Heritage Area would be 
incurred voluntarily.
    The CBO staff contact for this estimate is Megan Carroll. 
The estimate was approved by Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.
    2. Section 308(a) of Congressional Budget Act. As required 
by clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives and section 308(a) of the Congressional Budget 
Act of 1974, this bill does not contain any new budget 
authority, spending authority, credit authority, or an increase 
or decrease in revenues or tax expenditures. CBO estimates that 
implementing H.R. 1785 would have a negligible effect on the 
federal budget.
    3. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to establish the Mountains to Sound 
Greenway National Heritage Area in the State of Washington.

                           EARMARK STATEMENT

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                       COMPLIANCE WITH H. RES. 5

    Directed Rule Making. The Chairman does not believe that 
this bill directs any executive branch official to conduct any 
specific rule-making proceedings.
    Duplication of Existing Programs. This bill does not 
establish or reauthorize a program of the federal government 
known to be duplicative of another program. Such program was 
not included in any report from the Government Accountability 
Office to Congress pursuant to section 21 of Public Law 111-139 
or identified in the most recent Catalog of Federal Domestic 
Assistance published pursuant to the Federal Program 
Information Act (Public Law 95-220, as amended by Public Law 
98-169) as relating to other programs.

                PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

    This bill is not intended to preempt any State, local or 
tribal law.

                        CHANGES IN EXISTING LAW

    If enacted, this bill would make no changes in existing 
law.
                            DISSENTING VIEWS

   H.R. 1785: Mountains to Sound Greenway National Heritage Area Act

    H.R. 1785 designates the Mountains to Sound Greenway in 
Washington State as a National Heritage Area. The bill names 
the Mountains to Sound Greenway Trust as the local coordinating 
entity for the National Heritage Area, and requires the Trust 
to prepare a management plan for the 1.5 million acre area 
between Seattle and Ellensburg, Washington. This area has 
played a crucial role in economic development and conservation 
of the Pacific Northwest and deserves recognition as a special 
place. As a National Heritage Area, the Mountains to Sound 
Greenway would be eligible for Federal grants for preservation 
and the promotion of the area for tourism.
    While we support the establishment of this National 
Heritage Area, we cannot support the bill as amended. The 
effort to establish the Greenway as a National Heritage Area 
has involved the work of many stakeholders for several years. 
The designation would be the first of its kind in the Pacific 
Northwest and could serve as an example to the region of the 
benefits of the National Heritage Area programs. However, at 
markup, the majority amended the bill to add needless language 
that only gives credibility to misconceptions about National 
Heritage Areas. The amendment added language purporting to 
protect private property rights and historic land uses. 
National Heritage Areas do not encumber private property 
rights, nor infringe upon historic land uses such as grazing. 
National Heritage Areas exist to help communities leverage 
public-private partnerships and access federal grants, creating 
jobs, increasing tourism, and promoting historic preservation. 
The language added by the amendment serves no real purpose, 
except to proliferate misconceptions about National Heritage 
Areas and further encumber the difficult process of accessing 
federal funds that promote job creation and increase tourism.
    We support the establishment of the Mountains to Sound 
Greenway National Heritage Area but disagree with the amended 
bill which undermines the purpose and promotes misconceptions 
of the program.

                                   Peter DeFazio,
                                           Ranking Member, Committee on 
                                               Natural Resources.
                                   Rauul Grijalva,
                                           Ranking Member, Subcommittee 
                                               on Public Lands and 
                                               Environmental 
                                               Regulations.
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