I 

108TH CONGRESS 

1ST SESSION H. R. 1759

To establish the Blue Ridge National Heritage Area in the State of North 

Carolina, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 10, 2003

Mr. TAYLOR of North Carolina (for himself and Mr. BALLENGER) introduced 

the following bill; which was referred to the Committee on Resources 

A BILL

To establish the Blue Ridge National Heritage Area in the 

State of North Carolina, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Blue Ridge National 

5 Heritage Area Act of 2003’’. 

6 SEC. 2. FINDINGS AND PURPOSES. 

7 (a) FINDINGS.—Congress finds that—

8 (1) the Blue Ridge Mountains and the extensive 

9 cultural and natural resources of the Blue Ridge 

10 Mountains have played a significant role in the his-
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1 tory of the United States and the State of North 

2 Carolina; 

3 (2) archaeological evidence indicates that the 

4 Blue Ridge Mountains have been inhabited by hu5 mans since the last retreat of the glaciers, with the 

6 Native Americans living in the area at the time of 

7 European discovery being primarily of Cherokee de8 scent; 

9 (3) the Blue Ridge Mountains of western North 

10 Carolina, including the Great Smoky Mountains, 

11 played a unique and significant role in the establish12 ment and development of the culture of the United 

13 States through several distinct legacies, including—

14 (A) the craft heritage that—

15 (i) was first influenced by the Cher16 okee Indians; 

17 (ii) was the origin of—

18 (I) the traditional craft move19 ment starting in 1900; and 

20 (II) the contemporary craft 

21 movement starting in the 1940’s; and 

22 (iii) is carried out by over 4,000 

23 craftspeople in the Blue Ridge Mountains 

24 of western North Carolina, the third larg-
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1 est concentration of such people in the 

2 United States; 

3 (B) a musical heritage comprised of dis4 tinctive instrumental and vocal traditions 

5 that—

6 (i) includes stringband music, blue7 grass, ballad singing, blues, and sacred 

8 music; 

9 (ii) has received national recognition; 

10 and 

11 (iii) has made the region 1 of the 

12 richest repositories of traditional music 

13 and folklife in the United States; 

14 (C) the Cherokee heritage—

15 (i) dating back thousands of years; 

16 and 

17 (ii) offering—

18 (I) nationally significant cultural 

19 traditions practiced by the Eastern 

20 Band of Cherokee Indians; 

21 (II) authentic tradition bearers; 

22 (III) historic sites; and 

23 (IV) historically important collec24 tions of Cherokee artifacts; and 
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1 (D) the agricultural heritage established by 

2 the Cherokee Indians, including medicinal and 

3 ceremonial food crops, combined with the his4 toric European patterns of raising livestock, 

5 culminating in the largest number of specialty 

6 crop farms in North Carolina; 

7 (4) the artifacts and structures associated with 

8 those legacies are unusually well-preserved; 

9 (5) the Blue Ridge Mountains are recognized as 

10 having 1 of the richest collections of historical re11 sources in North America; 

12 (6) the history and cultural heritage of the Blue 

13 Ridge Mountains are shared with the States of Vir14 ginia, Tennessee, and Georgia; 

15 (7) there are significant cultural, economic, and 

16 educational benefits in celebrating and promoting 

17 this mutual heritage; 

18 (8) according to the 2002 reports entitled ‘‘The 

19 Blue Ridge Heritage and Cultural Partnership’’ and 

20 ‘‘Western North Carolina National Heritage Area 

21 Feasibility Study and Plan’’, the Blue Ridge Moun22 tains contain numerous resources that are of out23 standing importance to the history of the United 

24 States; and
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1 (9) it is in the interest of the United States to 

2 preserve and interpret the cultural and historical re3 sources of the Blue Ridge Mountains for the edu4 cation and benefit of present and future generations. 

5 (b) PURPOSE.—The purpose of this Act is to foster 

6 a close working relationship with, and to assist, all levels 

7 of government, the private sector, and local communities 

8 in the State in managing, preserving, protecting, and in9 terpreting the cultural, historical, and natural resources 

10 of the Heritage Area while continuing to develop economic 

11 opportunities. 

12 SEC. 3. DEFINITIONS. 

13 In this Act: 

14 (1) HERITAGE AREA.—The term ‘‘Heritage 

15 Area’’ means the Blue Ridge National Heritage 

16 Area established by section 4(a). 

17 (2) MANAGEMENT ENTITY.—The term ‘‘man18 agement entity’’ means the management entity for 

19 the Heritage Area designated by section 4(c). 

20 (3) MANAGEMENT PLAN.—The term ‘‘manage21 ment plan’’ means the management plan for the 

22 Heritage Area approved under section 5. 

23 (4) SECRETARY.—The term ‘‘Secretary’’ means 

24 the Secretary of the Interior. 
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1 (5) STATE.—The term ‘‘State’’ means the State 

2 of North Carolina. 

3 SEC. 4. BLUE RIDGE NATIONAL HERITAGE AREA. 

4 (a) ESTABLISHMENT.—There is established the Blue 

5 Ridge National Heritage Area in the State. 

6 (b) BOUNDARIES.—The Heritage Area shall consist 

7 of the counties of Alleghany, Ashe, Avery, Buncombe, 

8 Burke, Caldwell, Cherokee, Clay, Graham, Haywood, Hen9 derson, Jackson, McDowell, Macon, Madison, Mitchell, 

10 Polk, Rutherford, Surry, Swain, Transylvania, Watauga, 

11 Wilkes, Yadkin, and Yancey in the State. 

12 (c) MANAGEMENT ENTITY.—

13 (1) IN GENERAL.—As a condition of the receipt 

14 of funds made available under section 9(a), the Blue 

15 Ridge National Heritage Area Partnership shall be 

16 the management entity for the Heritage Area. 

17 (2) BOARD OF DIRECTORS.—The management 

18 entity shall be governed by a board of directors com19 posed of 9 members, of whom—

20 (A) 2 members shall be appointed by 

21 AdvantageWest; 

22 (B) 2 members shall be appointed by 

23 HandMade In America, Inc.; 
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1 (C) 1 member shall be appointed by the 

2 Education and Research Consortium of West3 ern North Carolina; 

4 (D) 1 member shall be appointed by the 

5 Eastern Band of the Cherokee Indians; and 

6 (E) 3 members shall—

7 (i) be appointed by the Governor of 

8 the State; 

9 (ii) reside in geographically diverse re10 gions of the Heritage Area; 

11 (iii) be a representative of State or 

12 local governments or the private sector; 

13 and 

14 (iv) have knowledge of tourism, eco15 nomic and community development, re16 gional planning, historic preservation, cul17 tural or natural resources development, re18 gional planning, conservation, recreational 

19 services, education, or museum services. 

20 SEC. 5. MANAGEMENT PLAN. 

21 (a) IN GENERAL.—Not later than 3 years after the 

22 date of enactment of this Act, the management entity shall 

23 submit to the Secretary for approval a management plan 

24 for the Heritage Area. 
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1 (b) CONSIDERATION OF OTHER PLANS AND AC2 TIONS.—In developing the management plan, the manage3 ment entity shall—

4 (1) for the purpose of presenting a unified pres5 ervation and interpretation plan, take into consider6 ation Federal, State, and local plans; and 

7 (2) provide for the participation of residents, 

8 public agencies, and private organizations in the 

9 Heritage Area. 

10 (c) CONTENTS.—The management plan shall—

11 (1) present comprehensive recommendations 

12 and strategies for the conservation, funding, man13 agement, and development of the Heritage Area; 

14 (2) identify existing and potential sources of 

15 Federal and non-Federal funding for the conserva16 tion, management, and development of the Heritage 

17 Area; and 

18 (3) include—

19 (A) an inventory of the cultural, historical, 

20 natural, and recreational resources of the Herit21 age Area, including a list of property that—

22 (i) relates to the purposes of the Her23 itage Area; and
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1 (ii) should be conserved, restored, 

2 managed, developed, or maintained because 

3 of the significance of the property; 

4 (B) a program of strategies and actions for 

5 the implementation of the management plan 

6 that identifies the roles of agencies and organi7 zations that are involved in the implementation 

8 of the management plan; 

9 (C) an interpretive and educational plan 

10 for the Heritage Area; 

11 (D) a recommendation of policies for re12 source management and protection that develop 

13 intergovernmental cooperative agreements to 

14 manage and protect the cultural, historical, nat15 ural, and recreational resources of the Heritage 

16 Area; and 

17 (E) an analysis of ways in which Federal, 

18 State, and local programs may best be coordi19 nated to promote the purposes of this Act. 

20 (d) EFFECT OF FAILURE TO SUBMIT.—If a manage21 ment plan is not submitted to the Secretary by the date 

22 described in subsection (a), the Secretary shall not provide 

23 any additional funding under this Act until a management 

24 plan is submitted to the Secretary. 
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1 (e) APPROVAL OR DISAPPROVAL OF MANAGEMENT

2 PLAN.—

3 (1) IN GENERAL.—Not later than 90 days after 

4 receiving the management plan submitted under 

5 subsection (a), the Secretary shall approve or dis6 approve the management plan. 

7 (2) CRITERIA.—In determining whether to ap8 prove the management plan, the Secretary shall con9 sider whether the management plan—

10 (A) has strong local support from land11 owners, business interests, nonprofit organiza12 tions, and governments in the Heritage Area; 

13 and 

14 (B) has a high potential for effective part15 nership mechanisms.

16 (3) ACTION FOLLOWING DISAPPROVAL.—If the 

17 Secretary disapproves a management plan under 

18 subsection (e)(1), the Secretary shall—

19 (A) advise the management entity in writ20 ing of the reasons for the disapproval; 

21 (B) make recommendations for revisions to 

22 the management plan; and 

23 (C) allow the management entity to submit 

24 to the Secretary revisions to the management 

25 plan. 
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1 (4) DEADLINE FOR APPROVAL OF REVISION.—

2 Not later than 60 days after the date on which a re3 vision is submitted under paragraph (3)(C), the Sec4 retary shall approve or disapprove the proposed revi5 sion. 

6 (f) AMENDMENT OF APPROVED MANAGEMENT

7 PLAN.—

8 (1) IN GENERAL.—After approval by the Sec9 retary of a management plan, the management enti10 ty shall periodically—

11 (A) review the management plan; and 

12 (B) submit to the Secretary, for review 

13 and approval, the recommendation of the man14 agement entity for any amendments to the 

15 management plan. 

16 (2) USE OF FUNDS.—No funds made available 

17 under section 9(a) shall be used to implement any 

18 amendment proposed by the management entity 

19 under paragraph (1)(B) until the Secretary approves 

20 the amendment. 

21 SEC. 6. AUTHORITIES AND DUTIES OF THE MANAGEMENT 

22 ENTITY. 

23 (a) AUTHORITIES.—For the purposes of developing 

24 and implementing the management plan, the management 
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1 entity may use funds made available under section 9(a) 

2 to—

3 (1) make loans and grants to, and enter into 

4 cooperative agreements with, the State (including a 

5 political subdivision), nonprofit organizations, or 

6 persons; 

7 (2) hire and compensate staff; and 

8 (3) enter into contracts for goods and services. 

9 (b) DUTIES.—In addition to developing the manage10 ment plan, the management entity shall—

11 (1) develop and implement the management 

12 plan while considering the interests of diverse units 

13 of government, businesses, private property owners, 

14 and nonprofit groups in the Heritage Area; 

15 (2) conduct public meetings in the Heritage 

16 Area at least semiannually on the development and 

17 implementation of the management plan; 

18 (3) give priority to the implementation of ac19 tions, goals, and strategies in the management plan, 

20 including providing assistance to units of govern21 ment, nonprofit organizations, and persons in—

22 (A) carrying out the programs that protect 

23 resources in the Heritage Area;
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1 (B) encouraging economic viability in the 

2 Heritage Area in accordance with the goals of 

3 the management plan; 

4 (C) establishing and maintaining interpre5 tive exhibits in the Heritage Area; 

6 (D) developing recreational and edu7 cational opportunities in the Heritage Area; and 

8 (E) increasing public awareness of and ap9 preciation for the cultural, historical, and nat10 ural resources of the Heritage Area; and 

11 (4) for any fiscal year for which Federal funds 

12 are received under section 9(a)—

13 (A) submit to the Secretary a report that 

14 describes, for the fiscal year—

15 (i) the accomplishments of the man16 agement entity; 

17 (ii) the expenses and income of the 

18 management entity; and 

19 (iii) each entity to which a grant was 

20 made; 

21 (B) make available for audit by Congress, 

22 the Secretary, and appropriate units of govern23 ment, all records relating to the expenditure of 

24 funds and any matching funds; and 
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1 (C) require, for all agreements authorizing 

2 expenditure of Federal funds by any entity, 

3 that the receiving entity make available for 

4 audit all records relating to the expenditure of 

5 funds. 

6 (c) PROHIBITION ON THE ACQUISITION OF REAL

7 PROPERTY.—The management entity shall not use Fed8 eral funds received under section 9(a) to acquire real prop9 erty or an interest in real property. 

10 SEC. 7. TECHNICAL AND FINANCIAL ASSISTANCE. 

11 (a) IN GENERAL.—The Secretary may provide to the 

12 management entity technical assistance and, subject to the 

13 availability of appropriations, financial assistance, for use 

14 in developing and implementing the management plan. 

15 (b) PRIORITY FOR ASSISTANCE.—In providing assist16 ance under subsection (a), the Secretary shall give priority 

17 to actions that facilitate—

18 (1) the preservation of the significant cultural, 

19 historical, natural, and recreational resources of the 

20 Heritage Area; and 

21 (2) the provision of educational, interpretive, 

22 and recreational opportunities that are consistent 

23 with the resources of the Heritage Area. 

24 SEC. 8. LAND USE REGULATION. 

25 (a) IN GENERAL.—Nothing in this Act—
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1 (1) grants any power of zoning or land use to 

2 the management entity; or 

3 (2) modifies, enlarges, or diminishes any au4 thority of the Federal Government or any State or 

5 local government to regulate any use of land under 

6 any law (including regulations). 

7 (b) PRIVATE PROPERTY.—Nothing in this Act—

8 (1) abridges the rights of any person with re9 spect to private property; 

10 (2) affects the authority of the State or local 

11 government with respect to private property; or 

12 (3) imposes any additional burden on any prop13 erty owner. 

14 SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 

15 (a) IN GENERAL.—There is authorized to be appro16 priated to carry out this Act $10,000,000, of which not 

17 more than $1,000,000 shall be made available for any fis18 cal year. 

19 (b) NON-FEDERAL SHARE.—The non-Federal share 

20 of the cost of any activities carried out using Federal 

21 funds made available under subsection (a) shall be not less 

22 than 50 percent. 
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1 SEC. 10. TERMINATION OF AUTHORITY. 

2 The authority of the Secretary to provide assistance 

3 under this Act terminates on the date that is 15 years 

4 after the date of enactment of this Act.

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