II 

115TH CONGRESS 

1ST SESSION S. 713 

To establish the Mountains to Sound Greenway National Heritage Area 

in the State of Washington. 

IN THE SENATE OF THE UNITED STATES 

MARCH 23, 2017 

Ms. CANTWELL (for herself and Mrs. MURRAY) introduced the following bill; 

which was read twice and referred to the Committee on Energy and Natural Resources 

A BILL 

To establish the Mountains to Sound Greenway National 

Heritage Area in the State of Washington. 

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 ‘‘Mountains to Sound 

5 Greenway National Heritage Area Act’’. 

6 SEC. 2. PURPOSES. 

7 The purposes of this Act are— 

8 (1) to recognize the national importance of the 

9 natural, cultural, historical, scenic, and recreational 


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1 resources of the Mountains to Sound Greenway Na2 tional Heritage Area; 

3 (2) to preserve, enhance, and interpret the leg4 acies of Indian tribes and nations from time imme5 morial, natural resource conservation, and commu6 nity stewardship within the Mountains to Sound 

7 Greenway National Heritage Area; and 

8 (3) to promote heritage, cultural, and rec9 reational tourism within the Mountains to Sound 

10 Greenway National Heritage Area. 

11 SEC. 3. DEFINITIONS. 

12 In this Act: 

13 (1) LOCAL COORDINATING ENTITY.—The term 

14 ‘‘local coordinating entity’’ means the local coordi15 nating entity for the National Heritage Area des16 ignated by section 4(d). 

17 (2) MANAGEMENT PLAN.—The term ‘‘manage18 ment plan’’ means the management plan for the Na19 tional Heritage Area required under section 5. 

20 (3) MAP.—The term ‘‘map’’ means the map en21 titled ‘‘Mountains to Sound Greenway National Her22 itage Area Proposed Boundary’’, numbered 584/ 

23 125,483, and dated August, 2014. 

24 (4) NATIONAL HERITAGE AREA.—The term 

25 ‘‘National Heritage Area’’ means the Mountains to 


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1 Sound Greenway National Heritage Area established 

2 by section 4(a). 

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

4 the Secretary of the Interior. 

5 (6) STATE.—The term ‘‘State’’ means the State 

6 of Washington. 

7 (7) TRIBAL; TRIBE.—The terms ‘‘tribal’’ and 

8 ‘‘Tribe’’ means any federally recognized Indian tribe 

9 that has cultural heritage, historic interests, or fed10 erally reserved treaty rights within the National 

11 Heritage Area. 

12 SEC. 4. MOUNTAINS TO SOUND GREENWAY NATIONAL HER13 ITAGE AREA. 

14 (a) ESTABLISHMENT.—There is established in the 

15 State the Mountains to Sound Greenway National Herit16 age Area. 

17 (b) BOUNDARIES.—The National Heritage Area shall 

18 consist of land located in King and Kittitas Counties in 

19 the State, as generally depicted on the map. 

20 (c) MAP.—The map shall be on file and available for 

21 public inspection in the appropriate offices of— 

22 (1) the National Park Service; 

23 (2) the Forest Service; 

24 (3) the Tribes; and 

25 (4) the local coordinating entity. 


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1 (d) LOCAL COORDINATING ENTITY.—The Mountains 

2 to Sound Greenway Trust, a nonprofit corporation estab3 lished under the laws of the State, is designated as the 

4 local coordinating entity for the National Heritage Area. 

5 SEC. 5. MANAGEMENT PLAN. 

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

7 date of enactment of this Act, the local coordinating entity 

8 shall submit to the Secretary for approval a proposed 

9 management plan for the National Heritage Area. 

10 (b) REQUIREMENTS.—The management plan shall— 

11 (1) incorporate an integrated and cooperative 

12 approach for the protection, enhancement, and inter13 pretation of the natural, cultural, historical, scenic, 

14 and recreational resources of the National Heritage 

15 Area; 

16 (2) take into consideration Federal, State, trib17 al, and local plans; 

18 (3) include— 

19 (A) an inventory of— 

20 (i) the resources located in the Na21 tional Heritage Area; and 

22 (ii) any other property in the National 

23 Heritage Area that— 

24 (I) is related to the themes of the 

25 National Heritage Area; and 


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1 (II) should be preserved, re2 stored, managed, or maintained be3 cause of the significance of the prop4 erty; 

5 (B) comprehensive policies, strategies and 

6 recommendations for the conservation, funding, 

7 management, and development of the National 

8 Heritage Area; 

9 (C) a description of actions that the Fed10 eral Government, State, tribal, and local gov11 ernments, private organizations, and individuals 

12 have agreed to take to protect the natural, cul13 tural, historical, scenic, and recreational re14 sources of the National Heritage Area; 

15 (D) a program of implementation for the 

16 management plan by the local coordinating en17 tity that includes a description of— 

18 (i) actions to facilitate ongoing col19 laboration among partners to promote 

20 plans for resource protection, restoration, 

21 and construction; and 

22 (ii) specific commitments for imple23 mentation that have been made by the 

24 local coordinating entity or any govern25 ment, organization, or individual for the 


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1 first 5 years of operation of the National 

2 Heritage Area; 

3 (E) the identification of sources of funding 

4 for carrying out the management plan; 

5 (F) analysis and recommendations for 

6 means by which Federal, State, tribal, and local 

7 programs may best be coordinated to carry out 

8 this section, including a description of the role 

9 of the National Park Service, the Forest Serv10 ice, and Tribes in the National Heritage Area; 

11 and 

12 (G) an interpretive plan for the National 

13 Heritage Area, including provisions addressing 

14 tribal heritage; and 

15 (4) recommend policies and strategies for re16 source management, including the development of 

17 intergovernmental and interagency cooperative 

18 agreements to protect the natural, cultural, histor19 ical, scenic, and recreational resources of the Na20 tional Heritage Area. 

21 (c) DEADLINE.—If a proposed management plan is 

22 not submitted to the Secretary by the date that is 3 years 

23 after the date of enactment of this Act, the local coordi24 nating entity shall be ineligible to receive additional fundVerDate Sep 11 2014 02:01 Mar 28, 2017 Jkt 069200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S713.IS S713

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1 ing under this Act until the date on which the Secretary 

2 receives and approves the management plan. 

3 (d) APPROVAL OR DISAPPROVAL OF MANAGEMENT

4 PLAN.— 

5 (1) IN GENERAL.—Not later than 180 days 

6 after the date of receipt of the management plan 

7 under subsection (a), the Secretary, in consultation 

8 with State and tribal governments, shall approve or 

9 disapprove the management plan. 

10 (2) CRITERIA FOR APPROVAL.—In determining 

11 whether to approve the management plan, the Sec12 retary shall consider whether— 

13 (A) the local coordinating entity is rep14 resentative of the diverse interests of the Na15 tional Heritage Area, including the Federal 

16 Government and State, tribal, and local govern17 ments, natural and historical resource protec18 tion organizations, educational institutions, 

19 businesses, and recreational organizations; 

20 (B) the local coordinating entity has af21 forded adequate opportunity, including public 

22 hearings, for public and governmental involve23 ment in the preparation of the management 

24 plan; 


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1 (C) the resource protection and interpreta2 tion strategies contained in the management 

3 plan, if implemented, would adequately protect 

4 the natural, cultural, historical, scenic, and rec5 reational resources of the National Heritage 

6 Area; and 

7 (D) the management plan is consistent 

8 with the trust responsibilities of the Secretary 

9 to Indian tribes and tribal treaty rights within 

10 the National Heritage Area. 

11 (3) ACTION FOLLOWING DISAPPROVAL.—If the 

12 Secretary disapproves the management plan under 

13 paragraph (1), the Secretary shall— 

14 (A) advise the local coordinating entity in 

15 writing of the reasons for the disapproval; 

16 (B) make recommendations for revisions to 

17 the management plan; and 

18 (C) not later than 180 days after the re19 ceipt of any proposed revision of the manage20 ment plan from the local coordinating entity, 

21 approve or disapprove the proposed revision. 

22 (4) AMENDMENTS.— 

23 (A) IN GENERAL.—The Secretary shall ap24 prove or disapprove each amendment to the 

25 management plan that makes a substantial 


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1 change to the management plan, as determined 

2 by the Secretary. 

3 (B) USE OF FUNDS.—The local coordi4 nating entity shall not use Federal funds au5 thorized by this section to carry out any amend6 ments to the management plan until the date 

7 on which the Secretary has approved the 

8 amendments. 

9 SEC. 6. ADMINISTRATION. 

10 (a) AUTHORITIES.—For purposes of implementing 

11 the management plan, the local coordinating entity may— 

12 (1) make grants to the State or a political sub13 division of the State, Tribes, nonprofit organizations, 

14 and other persons; 

15 (2) enter into cooperative agreements with, or 

16 provide technical assistance to Federal agencies, 

17 Tribes, the State or a political subdivision of the 

18 State, nonprofit organizations, and other interested 

19 parties; 

20 (3) hire and compensate staff, which shall in21 clude individuals with expertise in natural, cultural, 

22 historical, scenic, and recreational resources protec23 tion and heritage programming; 


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1 (4) obtain money or services from any source, 

2 including any money or services that are provided 

3 under any other Federal law or program; 

4 (5) contract for goods or services; and 

5 (6) undertake to be a catalyst for any other ac6 tivity that— 

7 (A) furthers the purposes of the National 

8 Heritage Area; and 

9 (B) is consistent with the approved man10 agement plan. 

11 (b) DUTIES.—The local coordinating entity may— 

12 (1) in accordance with section 5, prepare and 

13 submit a management plan to the Secretary; 

14 (2) assist Federal agencies, the State or a polit15 ical subdivision of the State, Tribes, nonprofit orga16 nizations, and other interested parties in carrying 

17 out the approved management plan by— 

18 (A) carrying out programs and projects 

19 that recognize, protect, and enhance important 

20 resource values in the National Heritage Area; 

21 (B) establishing and maintaining interpre22 tive exhibits and programs in the National Her23 itage Area; 

24 (C) developing recreational and educational 

25 opportunities in the National Heritage Area; 


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1 (D) increasing public awareness of, and 

2 appreciation for, natural, cultural, historical, 

3 scenic, and recreational resources of the Na4 tional Heritage Area; 

5 (E) protecting and restoring historic sites 

6 and buildings in the National Heritage Area 

7 that are consistent with National Heritage Area 

8 themes; 

9 (F) supporting working relationships be10 tween the Federal Government and State, trib11 al, and local governments in order to preserve, 

12 enhance, and interpret the significant resources 

13 of the National Heritage Area; 

14 (G) ensuring that clear, consistent, and ap15 propriate signs identifying points of public ac16 cess and sites of interest are posted throughout 

17 the National Heritage Area; and 

18 (H) promoting a wide range of partner19 ships among the Federal Government, State, 

20 tribal, and local governments, organizations, 

21 and individuals to further the National Herit22 age Area; 

23 (3) consider the interests of diverse units of the 

24 Federal Government, State, tribal, and local govern25 ments, businesses, organizations, and individuals in 


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1 the National Heritage Area in the preparation and 

2 implementation of the management plan; 

3 (4) conduct meetings open to the public at least 

4 semiannually regarding the development and imple5 mentation of the management plan; 

6 (5) for any year for which Federal funds have 

7 been received under this section— 

8 (A) submit to the Secretary an annual re9 port that describes the activities, expenses, and 

10 income of the local coordinating entity (includ11 ing grants from the local coordinating entity to 

12 any other entities during the year that the re13 port is made); 

14 (B) make available to the Secretary for 

15 audit all records relating to the expenditure of 

16 the funds and any matching funds; and 

17 (C) require, with respect to all agreements 

18 authorizing the expenditure of Federal funds by 

19 other organizations, that the organizations re20 ceiving the funds make available to the Sec21 retary for audit all records concerning the ex22 penditure of the funds; and 

23 (6) encourage, by appropriate means, economic 

24 viability that is consistent with the National Herit25 age Area. 


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1 (c) TECHNICAL AND FINANCIAL ASSISTANCE; COOP2 ERATIVE AGREEMENTS.—The Secretary and the Sec3 retary of Agriculture may— 

4 (1) provide technical and financial assistance to 

5 the local coordinating entity to develop and imple6 ment the management plan; and 

7 (2) enter into cooperative agreements with the 

8 local coordinating entity, Tribes, State and local 

9 agencies, and other interested parties to carry out 

10 this Act, including cooperation and cost sharing, as 

11 appropriate, to provide more cost-effective and co12 ordinated public land management. 

13 (d) PROHIBITION ON THE ACQUISITION OF REAL

14 PROPERTY.—The local coordinating entity shall not use 

15 Federal funds made available under this Act to acquire 

16 real property or any interest in real property. 

17 SEC. 7. RELATIONSHIP TO OTHER FEDERAL AGENCIES. 

18 (a) IN GENERAL.—Nothing in this Act affects the au19 thority of a Federal agency to provide technical or finan20 cial assistance under any other law. 

21 (b) CONSULTATION AND COORDINATION.—Any Fed22 eral agency planning to conduct activities that may have 

23 an impact on the National Heritage Area is encouraged 

24 to consult and coordinate the activities with the Secretary 


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1 and the local coordinating entity, to the maximum extent 

2 practicable. 

3 (c) OTHER FEDERAL AGENCIES.—Nothing in this 

4 Act— 

5 (1) modifies, alters, or amends any law or regu6 lation authorizing a Federal agency to manage Fed7 eral land under the jurisdiction of the Federal agen8 cy; 

9 (2) limits the discretion of a Federal land man10 ager to implement an approved land use plan within 

11 the boundaries of the National Heritage Area; or 

12 (3) modifies, alters, or amends any authorized 

13 use of Federal land under the jurisdiction of a Fed14 eral agency. 

15 SEC. 8. PRIVATE PROPERTY AND REGULATORY PROTEC16 TIONS. 

17 Nothing in this Act— 

18 (1) abridges the rights of any owner of public 

19 or private property, including the right to refrain 

20 from participating in any plan, project, program, or 

21 activity conducted within the National Heritage 

22 Area; 

23 (2) requires any property owner— 


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1 (A) to permit public access (including ac2 cess by Federal, State, or local agencies) to the 

3 property of the property owner; or 

4 (B) to modify public access or use of prop5 erty of the property owner under any other 

6 Federal, State, or local law; 

7 (3) alters any duly adopted land use regulation, 

8 approved land use plan, or other regulatory author9 ity of any Federal, State, tribal, or local agency; 

10 (4) conveys any land use or other regulatory 

11 authority to the local coordinating entity; 

12 (5) authorizes or implies the reservation or ap13 propriation of water or water rights; 

14 (6) affects the treaty rights of any Indian tribe 

15 within the National Heritage Area; 

16 (7) affects the authority of the State or Tribes 

17 to manage fish and wildlife, including the regulation 

18 of fishing and hunting within the National Heritage 

19 Area; or 

20 (8) creates any liability, or affects any liability 

21 under any other law, of any private property owner 

22 with respect to any person injured on the private 

23 property. 


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1 SEC. 9. EVALUATION AND REPORT. 

2 (a) IN GENERAL.—Not later than 3 years before the 

3 date on which authority for Federal funding terminates 

4 for the National Heritage Area, the Secretary shall— 

5 (1) conduct an evaluation of the accomplish6 ments of the National Heritage Area; and 

7 (2) prepare a report in accordance with sub8 section (c). 

9 (b) EVALUATION.—An evaluation conducted under 

10 subsection (a)(1) shall— 

11 (1) assess the progress of the local coordinating 

12 entity with respect to— 

13 (A) accomplishing the purposes of the Na14 tional Heritage Area; and 

15 (B) achieving the goals and objectives of 

16 the management plan; 

17 (2) analyze the investments of Federal, State, 

18 tribal, and local government and private entities in 

19 the National Heritage Area to determine the impact 

20 of the investments; and 

21 (3) review the management structure, partner22 ship relationships, and funding of the National Her23 itage Area for purposes of identifying the critical 

24 components for sustainability of the National Herit25 age Area. 


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1 (c) REPORT.—Based on the evaluation conducted 

2 under subsection (a)(1), the Secretary shall submit to the 

3 Committee on Energy and Natural Resources of the Sen4 ate and the Committee on Natural Resources of the House 

5 of Representatives a report that includes recommendations 

6 for the future role of the National Park Service with re7 spect to the National Heritage Area. 

8 SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 

9 (a) IN GENERAL.—There is authorized to be appro10 priated to carry out this Act $10,000,000, of which not 

11 more than $1,000,000 may be made available in any fiscal 

12 year. 

13 (b) AVAILABILITY.—Amounts made available under 

14 subsection (a) shall remain available until expended. 

15 (c) COST-SHARING REQUIREMENT.— 

16 (1) IN GENERAL.—The Federal share of the 

17 total cost of any activity carried out under this Act 

18 shall be not more than 50 percent. 

19 (2) FORM.—The non-Federal share of the total 

20 cost of any activity carried out under this Act may 

21 be in the form of in-kind contributions of goods or 

22 services fairly valued. 

23 (d) TERMINATION OF AUTHORITY.—The authority of 

24 the Secretary to provide assistance under this Act termiVerDate Sep 11 2014 02:01 Mar 28, 2017 Jkt 069200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\S713.IS S713

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1 nates on the date that is 15 years after the date of enact2 ment of this Act. 

Æ 


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