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[House Report 115-709]
[From the U.S. Government Publishing Office]

115th Congress     }                                   {       Report
                        HOUSE OF REPRESENTATIVES
 2d Session        }                                   {      115-709

======================================================================

 
           MOUNTAINS TO SOUND GREENWAY NATIONAL HERITAGE ACT

                                _______
                                

  June 1, 2018.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

Mr. Bishop of Utah, from the Committee on Natural Resources, submitted 
                             the following

                              R E P O R T

                        [To accompany H.R. 1791]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 1791) 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 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.

                          PURPOSE OF THE BILL

    The purpose of H.R. 1791 is to establish the Mountains to 
Sound Greenway National Heritage Area in the State of 
Washington.

                  BACKGROUND AND NEED FOR LEGISLATION

    H.R. 1791 would establish the Mountains to Sound Greenway 
National Heritage Area (NHA) across portions of King and 
Kittitas Counties in the State of Washington and directs the 
Secretary of the Interior to designate a local unit of 
government, an Indian tribe, or a nonprofit organization to 
serve as the local coordinating entity for the heritage area. 
Once designated, the chosen entity will prepare and submit a 
management plan for the area. Congress has authorized 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 (NPS) for technical assistance and may 
also qualify 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 area proposed for designation under this bill is 
diverse and has lands ranging from mountains, vast forests, 
high desert, suburban parks and gardens, to metropolitan 
streets. The Greenway area has been the focus of a grassroots 
conservation effort by the Mountains to Sound Greenway 
Coalition for more than 20 years. The Greenway connects 1.5 
million acres of urban and wild lands along Interstate 90. Over 
900,000 acres of the land is publicly owned, ranging from city 
parks to expansive public forests. Another 100,000 acres are 
conserved as permanent private forests.\1\
---------------------------------------------------------------------------
    \1\Mountains to Sound Greenway, About Us https://mtsgreenway.org/
about/
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    In 1990, hundreds of citizens, led by members of the 
Issaquah Alps Trails Club, staged a march from Snoqualmie Pass 
to the Seattle waterfront. The intent of the march was to 
highlight the need for conservation in the region to counter 
rapid urban expansion. In 1991, under civic leader Jim Ellis, 
the non-profit Mountains to Sound Greenway Trust was 
established. The Trust supports efforts to preserve open space, 
farms, working forests, and historic sites, and to create new 
trails, recreation and tourism opportunities along I-90. In the 
years since the Trust was established, the Mountains to Sound 
Greenway was designated as a Washington State Scenic Byway and 
in 1998 as a National Scenic Byway.\2\
---------------------------------------------------------------------------
    \2\Washington State Department of Transportation, Mountains to 
Sound Greenway Scenic Byway. http://www.wsdot.wa.gov/LocalPrograms/
ScenicByways/MountainsToSound.htm.
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    In March 2012, the Trust completed an independent 
feasibility study regarding designation of the Mountains to 
Sound Greenway as a NHA. The study was reviewed by the NPS and 
was found to not meet the NPS interim NHA Feasibility 
Guidelines. Subsequently, in May 2014, the Trust provided an 
addendum to the study which provide a revised statement of 
national importance, themes, a list of associated resources, a 
summary of traditions, customs, beliefs and folk life, and a 
boundary justification.
    Legislation has been introduced in the House and the Senate 
since the 113th Congress to establish the Mountains to Sound 
Greenway NHA, and both the House and the Senate have held 
hearings on these proposals.\3\ The House Committee on Natural 
Resources favorably reported a similar bill, H.R. 1785, in the 
113th Congress, and the Senate Committee on Energy and Natural 
Resources has favorably reported bills in the 113th, 114th, and 
115th Congresses.\4\
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    \3\H.R. 1785 (113th Congress); H.R. 2900 (114th Congress).
    \4\S. 2602 (113th Congress); S. 1690 (114th Congress); and S. 713 
(115th Congress).
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                            COMMITTEE ACTION

    H.R. 1791 was introduced on March 29, 2017, by Congressman 
David G. Reichart (R-WA). The bill was referred to the 
Committee on Natural Resources, and within the Committee to the 
Subcommittee on Federal Lands. On April 11, 2018, the 
Subcommittee held a hearing on the legislation. On May 8, 2018, 
the Natural Resources Committee met to consider the bill. The 
Subcommittee was discharged by unanimous consent. Congressman 
Rob Bishop (R-UT) offered an amendment designated #1; it was 
adopted by unanimous consent. No further amendments were 
offered, and the bill, as amended, was ordered favorably 
reported to the House of Representatives by unanimous consent.

            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 AND CONGRESSIONAL BUDGET ACT

    1. Cost of Legislation and the Congressional Budget Act. 
With respect to the requirements of clause 3(c)(2) and (3) of 
rule XIII of the Rules of the House of Representatives and 
sections 308(a) and 402 of the Congressional Budget Act of 
1974, the Committee has received the following estimate for the 
bill from the Director of the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, May 21, 2018.
Hon. Rob Bishop,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1791, the 
Mountains to Sound Greenway National Heritage Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Janani 
Shankaran.
            Sincerely,
                                             Mark P. Hadley
                                        (For Keith Hall, Director).
    Enclosure.

H.R. 1791--Mountains to Sound Greenway National Heritage Act

    H.R. 1791 would establish the Mountains to Sound Greenway 
National Heritage Area (NHA in King and Kittitas Counties, 
Washington. The bill would direct the National Park Service 
(NPS) to provide assistance to local partners and designate a 
local coordinating entity that would develop a management plan 
for the Mountains to Sound Green ay NHA.
    The NPS provides technical and financial assistance to NHAs 
through the Heritage Partnership Program. According to the NPS, 
under that program the agency typically awards $150,000 
annually to newly established NHAs. Based on the experience of 
other NHAs, CBO estimates that implementing H.R. 1791 would 
cost about $1 million over the 2019-2123 period; such spending 
would be subject to the availability of appropriated funds.
    Enacting H.R. 1791 would not affect direct spending or 
revenues; therefore, pay-as-you-go procedures do not apply.
    CBO estimates that enacting H.R. 1791 would not increase 
net direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2029.
    H.R. 1791 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act.
    The CBO staff contact for this estimate is Janani 
Shankaran. The estimate was reviewed by Samuel Papenfuss, 
Deputy Assistant Director for Budget Analysis.
    2. 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. This bill does not contain any 
directed rule makings.
    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 to existing 
law.

                                  [all]
```