I 

109TH CONGRESS 

1ST SESSION H. R. 3158

To designate the Cherokee Overhill Territory in Polk, McMinn, Monroe, 

and Meigs Counties in Tennessee as a National Heritage Area. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 30, 2005

Mr. DUNCAN (for himself and Mr. WAMP) introduced the following bill; which 

was referred to the Committee on Resources 

A BILL

To designate the Cherokee Overhill Territory in Polk, 

McMinn, Monroe, and Meigs Counties in Tennessee as 

a National Heritage Area.

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

3 SECTION 1. DEFINITIONS. 

4 For the purposes of this Act, the following definitions 

5 shall apply: 

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

7 Area’’ means the Cherokee Overhill Territory Na8 tional Heritage Area established in section 3(a). 
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1 (2) MANAGEMENT ENTITY.—The term ‘‘man2 agement entity’’ means the Tennessee Overhill Her3 itage Association, or its successor entity. 

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

5 the Secretary of the Interior. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) The National Park Service has defined a 

9 National Heritage Area as ‘‘a place designated by 

10 the United States Congress where natural, cultural, 

11 historic, and recreational resources combine to form 

12 a cohesive, nationally distinctive landscape arising 

13 from patterns of human activity shaped by geog14 raphy.’’. 

15 (2) As of the date of the enactment of this Act, 

16 24 National Heritage Areas have been designated by 

17 Congress to commemorate, conserve, and promote 

18 such irreplaceable cultural landscapes. 

19 (3) National Heritage Area designations en20 courages residents, government agencies, nonprofit 

21 groups, and private partners to collaboratively plan 

22 and implement programs and projects that recog23 nize, preserve, and celebrate many of America’s de24 fining landscapes without compromising traditional 

25 local control over and use of such landscapes. 
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1 (4) National Heritage Area designations include 

2 limited technical assistance and financial assistance 

3 from the National Park Service, primarily through 

4 planning and interpretive assistance and expertise 

5 and by connecting the management entity of the Na6 tional Heritage Area with other Federal agencies. 

7 (5) Federal financial assistance provides valu8 able seed money that covers basic expenses, such as 

9 staffing, and leverages other money from State, 

10 local, and private sources by means of dollar-for-dol11 lar match requirements. 

12 (6) Polk, McMinn, Monroe, and Meigs Counties 

13 (which collectively comprise an area known as the 

14 ‘‘Cherokee Overhill Territory’’) qualify as a distinc15 tive landscape that is rich in cultural, natural, and 

16 historic sites and resources that reflect the State 

17 and Nation’s Native American peoples and heritage, 

18 early frontier settlement by the British, and the In19 dustrial Revolution in the Southern Mountains. 

20 (7) The Overhill region’s fascinating heritage is 

21 revealed by unique sites and resources, including—

22 (A) Fort Loudoun, built in 1756 as one of 

23 the earliest British fortifications on the western 

24 frontier, which played a significant role in help25 ing Great Britain secure the trans-Appalachian 
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1 region from France during the Seven Years 

2 War before surrendering to Cherokee attack in 

3 1760; 

4 (B) Fort Armistead, founded in 1832 to 

5 stop intrusion by gold prospectors on Cherokee 

6 land and finally serving as a camp for more 

7 than 3,000 Cherokee deportees on the Trail of 

8 Tears; 

9 (C) the Unicoi Turnpike, a National Mil10 lennium Flagship Trail that was used as an ar11 tery of trade before written history, was later 

12 improved to become the first direct wagon road 

13 connection across the Southern Appalachians in 

14 1813, and served as the first leg of the journey 

15 for deported Cherokees on the Trail of Tears in 

16 1838; 

17 (D) Sequoyah Birthplace Museum, the 

18 only tribally owned museum in Tennessee and 

19 the site of the birthplace of Sequoyah, creator 

20 of the Cherokee Syllabary; 

21 (E) the Old Line Railroad, an historic rail22 road built in 1890 to serve the copper mines in 

23 Polk County, with historic structures on the 

24 line that include the Hiwassee Loop, the third 

25 longest rail loop in the world; 
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1 (F) Blythe Ferry, the site of a major en2 campment on the Trail of Tears, where over 

3 9,000 Cherokee people camped before crossing 

4 the Tennessee River on the way to Oklahoma; 

5 (G) the restored Burra Burra copper mine, 

6 a State-owned historic industrial site and mu7 seum; 

8 (H) the Ocoee Powerhouses and Flume 

9 line; 

10 (I) the awe inspiring natural resources 

11 that include the Tellico, Hiwassee, Ocoee, 

12 Conasauga, and Tennessee Rivers, several 

13 lakes, the spectacular Cherohala Skyway, the 

14 Ocoee Scenic Byway (providing fishing, white15 water rafting, kayaking, birding, nature photog16 raphy, boating, hiking, and more); 

17 (J) and numerous historic downtowns. 

18 (8) The designation of the Cherokee Overhill 

19 Territory as a National Heritage Area would enable 

20 local governments and nonprofits to access Federal 

21 and other funding to maintain, develop, interpret, 

22 and promote the distinct qualities that integrate the 

23 area and make it special. 
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1 (9) Such National Heritage Area designation 

2 would also greatly enhance cultural and educational 

3 opportunities and promote tourism in the region. 

4 (10) Because it is imperative that future gen5 erations understand and appreciate the complex and 

6 ever evolving interrelationship between people and 

7 land, it is imperative that the Cherokee Overhill Ter8 ritory be designated a National Heritage Area. 

9 SEC. 3. CHEROKEE OVERHILL TERRITORY AREA. 

10 (a) ESTABLISHMENT.—There is hereby established 

11 the Cherokee Overhill Territory National Heritage Area. 

12 (b) BOUNDARIES.—The boundaries of the Heritage 

13 Area shall include all of those lands in the Cherokee 

14 Overhill Territory in Polk, McMinn, Monroe, and Meigs 

15 Counties in Tennessee as depicted on the map titled 

16 ‘‘lllllllllll’’, numbered 

17 lllllll and dated llllllll. The map 

18 shall be on file in the appropriate offices of the National 

19 Park Service. The Secretary of the Interior shall publish 

20 in the Federal Register, as soon as practical after the date 

21 of the enactment of this Act, a detailed description and 

22 map of the boundaries established under this subsection. 

23 (c) MANAGEMENT ENTITY.—The management entity 

24 for the Heritage Area shall be the Tennessee Overhill Her25 itage Association. 
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1 SEC. 4. COMPACT. 

2 To carry out the purposes of this Act, the Secretary 

3 shall enter into a compact with the management entity. 

4 The compact shall include information relating to the ob5 jectives and management of the area, including a discus6 sion of the goals and objectives of the Heritage Area, in7 cluding an explanation of the proposed approach to con8 servation and interpretation and a general outline of the 

9 protection measures committed to by the Secretary and 

10 management entity. 

11 SEC. 5. AUTHORITIES AND DUTIES OF MANAGEMENT ENTI12 TY. 

13 (a) AUTHORITIES OF THE MANAGEMENT ENTITY.—

14 The management entity may use funds made available 

15 under this Act for purposes of preparing, updating, and 

16 implementing the management plan developed under sub17 section (b). Such purposes may include—

18 (1) making grants to, and entering into cooper19 ative agreements with, States and their political sub20 divisions, private organizations, or any other person; 

21 (2) hiring and compensating staff; and 

22 (3) undertaking initiatives that advance the 

23 purposes of the Heritage Area. 

24 (b) MANAGEMENT PLAN.—The management entity 

25 shall develop a management plan for the Heritage Area 

26 that—
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1 (1) presents comprehensive strategies and rec2 ommendations for conservation, funding, manage3 ment, and development of the Heritage Area; 

4 (2) takes into consideration existing State, 

5 county, and local plans and involves residents, public 

6 agencies, and private organizations working in the 

7 Heritage Area; 

8 (3) includes a description of actions that units 

9 of government and private organizations have agreed 

10 to take to protect the resources of the Heritage 

11 Area; 

12 (4) specifies the existing and potential sources 

13 of funding to protect, manage, and develop the Her14 itage Area; 

15 (5) includes an inventory of the resources con16 tained in the Heritage Area, including a list of any 

17 property in the Heritage Area that is related to the 

18 themes of the Heritage Area and that should be pre19 served, restored, managed, developed, or maintained 

20 because of its natural, cultural, historic, recreational, 

21 or scenic significance; 

22 (6) describes a program for implementation of 

23 the management plan by the management entity, in24 cluding plans for restoration and construction, and 

25 specific commitments for that implementation that 
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1 have been made by the management entity and any 

2 other persons for the first 5 years of implementa3 tion; 

4 (7) lists any revisions to the boundaries of the 

5 Heritage Area proposed by the management entity 

6 and requested by the affected local government; and 

7 (8) includes an interpretation plan for the Her8 itage Area. 

9 (c) DEADLINE; TERMINATION OF FUNDING.—

10 (1) DEADLINE.—The management entity shall 

11 submit the management plan to the Secretary within 

12 2 years after the funds are made available for this 

13 Act. 

14 (2) TERMINATION OF FUNDING.—If a manage15 ment plan is not submitted to the Secretary in ac16 cordance with this subsection, the management enti17 ty shall not qualify for Federal assistance under this 

18 Act. 

19 (d) DUTIES OF MANAGEMENT ENTITY.—The man20 agement entity shall—

21 (1) give priority to implementing actions set 

22 forth in the compact and management plan; 

23 (2) assist units of government, regional plan24 ning organizations, and nonprofit organizations in—
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1 (A) establishing and maintaining interpre2 tive exhibits in the Heritage Area; 

3 (B) developing recreational resources in 

4 the Heritage Area; 

5 (C) increasing public awareness of and ap6 preciation for the natural, historical, and archi7 tectural resources and sites in the Heritage 

8 Area; 

9 (D) the restoration of any historic building 

10 relating to the themes of the Heritage Area; 

11 (E) ensuring that clear signs identifying 

12 access points and sites of interest are put in 

13 place throughout the Heritage Area; and 

14 (F) carrying out other actions that the 

15 management entity determines to be advisable 

16 to fulfill the purposes of this Act; 

17 (3) encourage by appropriate means economic 

18 viability in the Heritage Area consistent with the 

19 goals of the management plan; 

20 (4) consider the interests of diverse govern21 mental, business, and nonprofit groups within the 

22 Heritage Area; and 

23 (5) for any year in which Federal funds have 

24 been provided to implement the management plan 

25 under subsection (b)—
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1 (A) conduct public meetings at least annu2 ally regarding the implementation of the man3 agement plan; 

4 (B) submit an annual report to the Sec5 retary setting forth accomplishments, expenses 

6 and income, and each person to which any 

7 grant was made by the management entity in 

8 the year for which the report is made; and 

9 (C) require, for all agreements entered into 

10 by the management entity authorizing expendi11 ture of Federal funds by any other person, that 

12 the person making the expenditure make avail13 able to the management entity for audit all 

14 records pertaining to the expenditure of such 

15 funds. 

16 (e) PROHIBITION ON THE ACQUISITION OF REAL

17 PROPERTY.—The management entity may not use Fed18 eral funds received under this Act to acquire real property 

19 or an interest in real property. 

20 SEC. 6. DUTIES AND AUTHORITIES OF THE SECRETARY. 

21 (a) TECHNICAL AND FINANCIAL ASSISTANCE.—

22 (1) IN GENERAL.—

23 (A) OVERALL ASSISTANCE.—The Secretary 

24 may, upon the request of the management enti25 ty, and subject to the availability of appropria-
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1 tions, provide technical and financial assistance 

2 to the management entity to carry out its du3 ties under this Act, including updating and im4 plementing a management plan that is sub5 mitted under section 5(b) and approved by the 

6 Secretary and, prior to such approval, providing 

7 assistance for initiatives. 

8 (B) OTHER ASSISTANCE.—If the Secretary 

9 has the resources available to provide technical 

10 assistance to the management entity to carry 

11 out its duties under this Act (including updat12 ing and implementing a management plan that 

13 is submitted under section 5(b) and approved 

14 by the Secretary and, prior to such approval, 

15 providing assistance for initiatives), upon the 

16 request of the management entity the Secretary 

17 shall provide such assistance on a reimbursable 

18 basis. This subparagraph does not preclude the 

19 Secretary from providing nonreimbursable as20 sistance under subparagraph (A). 

21 (2) PRIORITY.—In assisting the management 

22 entity, the Secretary shall give priority to actions 

23 that assist in the—

24 (A) implementation of the management 

25 plan; 
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1 (B) provision of educational assistance and 

2 advice regarding land and water management 

3 techniques to conserve the significant natural 

4 resources of the region; 

5 (C) development and application of tech6 niques promoting the preservation of cultural 

7 and historic properties; 

8 (D) preservation, restoration, and reuse of 

9 publicly and privately owned historic buildings; 

10 (E) design and fabrication of a wide range 

11 of interpretive materials based on the manage12 ment plan, including guide brochures, visitor 

13 displays, audio-visual and interactive exhibits, 

14 and educational curriculum materials for public 

15 education; and 

16 (F) implementation of initiatives prior to 

17 approval of the management plan. 

18 (3) DOCUMENTATION OF STRUCTURES.—The 

19 Secretary, acting through the Historic American 

20 Building Survey and the Historic American Engi21 neering Record, shall conduct studies necessary to 

22 document the industrial, engineering, building, and 

23 architectural history of the Heritage Area. 

24 (b) APPROVAL AND DISAPPROVAL OF MANAGEMENT

25 PLANS.—The Secretary, in consultation with the Governor 
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1 of Tennessee shall approve or disapprove a management 

2 plan submitted under this Act not later than 90 days after 

3 receiving such plan. In approving the plan, the Secretary 

4 shall take into consideration the following criteria: 

5 (1) The extent to which the management plan 

6 adequately preserves and protects the natural, cul7 tural, and historical resources of the Heritage Area. 

8 (2) The level of public participation in the de9 velopment of the management plan. 

10 (3) The extent to which the board of directors 

11 of the management entity is representative of the 

12 local government and a wide range of interested or13 ganizations and citizens. 

14 (c) ACTION FOLLOWING DISAPPROVAL.—If the Sec15 retary disapproves a management plan, the Secretary shall 

16 advise the management entity in writing of the reasons 

17 for the disapproval and shall make recommendations for 

18 revisions in the management plan. The Secretary shall ap19 prove or disapprove a proposed revision within 90 days 

20 after the date it is submitted. 

21 (d) APPROVING CHANGES.—The Secretary shall re22 view and approve amendments to the management plan 

23 under section 5(b) that make substantial changes. Funds 

24 appropriated under this Act may not be expended to im-
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1 plement such changes until the Secretary approves the 

2 amendments. 

3 (e) EFFECT OF INACTION.—If the Secretary does not 

4 approve or disapprove a management plan, revision, or 

5 change within 90 days after it is submitted to the Sec6 retary, then such management plan, revision, or change 

7 shall be deemed to have been approved by the Secretary. 

8 SEC. 7. DUTIES OF OTHER FEDERAL ENTITIES. 

9 Any Federal entity conducting or supporting activi10 ties directly affecting the Heritage Area shall—

11 (1) consult with the Secretary and the manage12 ment entity with respect to such activities; 

13 (2) cooperate with the Secretary and the man14 agement entity in carrying out their duties under 

15 this Act and, to the maximum extent practicable, co16 ordinate such activities with the carrying out of such 

17 duties; and 

18 (3) to the maximum extent practicable, conduct 

19 or support such activities in a manner that the man20 agement entity determines shall not have an adverse 

21 effect on the Heritage Area. 

22 SEC. 8. SUNSET. 

23 The Secretary may not make any grant or provide 

24 any assistance under this Act after the expiration of the 
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1 15-year period beginning on the date that funds are first 

2 made available for this Act. 

3 SEC. 9. REQUIREMENTS FOR INCLUSION OF PRIVATE 

4 PROPERTY. 

5 (a) NOTIFICATION AND CONSENT OF PROPERTY

6 OWNERS REQUIRED.—No privately owned property shall 

7 be preserved, conserved, or promoted by the management 

8 plan for the Heritage Area until the owner of that private 

9 property has been notified in writing by the management 

10 entity and has given written consent for such preservation, 

11 conservation, or promotion to the management entity. 

12 (b) LANDOWNER WITHDRAW.—Any owner of private 

13 property included within the boundary of the Heritage 

14 Area shall have their property immediately removed from 

15 the boundary by submitting a written request to the man16 agement entity. 

17 SEC. 10. PRIVATE PROPERTY PROTECTION. 

18 (a) ACCESS TO PRIVATE PROPERTY.—Nothing in 

19 this Act shall be construed to—

20 (1) require any private property owner to allow 

21 public access (including Federal, State, or local gov22 ernment access) to such private property; or 

23 (2) modify any provision of Federal, State, or 

24 local law with regard to public access to or use of 

25 private property. 
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1 (b) LIABILITY.—Designation of the Heritage Area 

2 shall not be considered to create any liability, or to have 

3 any effect on any liability under any other law, of any pri4 vate property owner with respect to any persons injured 

5 on such private property. 

6 (c) RECOGNITION OF AUTHORITY TO CONTROL LAND

7 USE.—Nothing in this Act shall be construed to modify 

8 the authority of Federal, State, or local governments to 

9 regulate land use. 

10 (d) PARTICIPATION OF PRIVATE PROPERTY OWNERS

11 IN HERITAGE AREA.—Nothing in this Act shall be con12 strued to require the owner of any private property located 

13 within the boundaries of the Heritage Area to participate 

14 in or be associated with the Heritage Area. 

15 (e) EFFECT OF ESTABLISHMENT.—The boundaries 

16 designated for the Heritage Area represent the area within 

17 which Federal funds appropriated for the purpose of this 

18 Act may be expended. The establishment of the Heritage 

19 Area and its boundaries shall not be construed to provide 

20 any nonexisting regulatory authority on land use within 

21 the Heritage Area or its viewshed by the Secretary, the 

22 National Park Service, or the management entity. 

23 SEC. 11. USE OF FEDERAL FUNDS FROM OTHER SOURCES. 

24 Nothing in this Act shall preclude the management 

25 entity from using Federal funds available under Acts other 
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1 than this Act for the purposes for which those funds were 

2 authorized. 

3 SEC. 12. AUTHORIZATION OF APPROPRIATIONS. 

4 (a) IN GENERAL.—There are authorized to be appro5 priated to carry out this Act—

6 (1) not more than $1,000,000 for any fiscal 

7 year; and 

8 (2) not more than a total of $10,000,000. 

9 (b) 50 PERCENT MATCH.—Financial assistance pro10 vided under this Act may not be used to pay more than 

11 50 percent of the total cost of any activity carried out with 

12 that assistance. 

13 SEC. 13. CONDITIONS ON AUTHORIZATION. 

14 This Act shall have no force or effect on and after 

15 the date (after the date of the enactment of this Act) on 

16 which a Federal law, rule, or regulation is enacted that—

17 (1) restricts land use within the boundaries of 

18 the Heritage Areas; or 

19 (2) authorizes any taking of private property 

20 within the boundaries of the Heritage Area.

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