II 

Calendar No. 155 

115TH CONGRESS 

1ST SESSION S. 713 

[Report No. 115–118] 

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 

JUNE 26, 2017 

Reported by Ms. MURKOWSKI, with an amendment and an amendment to the 

title 

[Strike out all after the enacting clause and insert the part printed in italic] 

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’’. 


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1 SEC. 2. PURPOSES. 

2 The purposes of this Act are— 

3 (1) to recognize the national importance of the 

4 natural, cultural, historical, scenic, and recreational 

5 resources of the Mountains to Sound Greenway Na6 tional Heritage Area; 

7 (2) to preserve, enhance, and interpret the leg8 acies of Indian tribes and nations from time imme9 morial, natural resource conservation, and commu10 nity stewardship within the Mountains to Sound 

11 Greenway National Heritage Area; and 

12 (3) to promote heritage, cultural, and rec13 reational tourism within the Mountains to Sound 

14 Greenway National Heritage Area. 

15 SEC. 3. DEFINITIONS. 

16 In this Act: 

17 (1) LOCAL COORDINATING ENTITY.—The term 

18 ‘‘local coordinating entity’’ means the local coordi19 nating entity for the National Heritage Area des20 ignated by section 4(d). 

21 (2) MANAGEMENT PLAN.—The term ‘‘manage22 ment plan’’ means the management plan for the Na23 tional Heritage Area required under section 5. 

24 (3) MAP.—The term ‘‘map’’ means the map en25 titled ‘‘Mountains to Sound Greenway National HerVerDate Sep 11 2014 01:57 Jun 27, 2017 Jkt 069200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6401 E:\BILLS\S713.RS S713

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1 itage Area Proposed Boundary’’, numbered 584/ 

2 125,483, and dated August, 2014. 

3 (4) NATIONAL HERITAGE AREA.—The term 

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

5 Sound Greenway National Heritage Area established 

6 by section 4(a). 

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

8 the Secretary of the Interior. 

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

10 of Washington. 

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

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

13 that has cultural heritage, historic interests, or fed14 erally reserved treaty rights within the National 

15 Heritage Area. 

16 SEC. 4. MOUNTAINS TO SOUND GREENWAY NATIONAL HER17 ITAGE AREA. 

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

19 State the Mountains to Sound Greenway National Herit20 age Area. 

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

22 consist of land located in King and Kittitas Counties in 

23 the State, as generally depicted on the map. 

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

25 public inspection in the appropriate offices of— 


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1 (1) the National Park Service; 

2 (2) the Forest Service; 

3 (3) the Tribes; and 

4 (4) the local coordinating entity. 

5 (d) LOCAL COORDINATING ENTITY.—The Mountains 

6 to Sound Greenway Trust, a nonprofit corporation estab7 lished under the laws of the State, is designated as the 

8 local coordinating entity for the National Heritage Area. 

9 SEC. 5. MANAGEMENT PLAN. 

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

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

12 shall submit to the Secretary for approval a proposed 

13 management plan for the National Heritage Area. 

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

15 (1) incorporate an integrated and cooperative 

16 approach for the protection, enhancement, and inter17 pretation of the natural, cultural, historical, scenic, 

18 and recreational resources of the National Heritage 

19 Area; 

20 (2) take into consideration Federal, State, trib21 al, and local plans; 

22 (3) include— 

23 (A) an inventory of— 

24 (i) the resources located in the Na25 tional Heritage Area; and 


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1 (ii) any other property in the National 

2 Heritage Area that— 

3 (I) is related to the themes of the 

4 National Heritage Area; and 

5 (II) should be preserved, re6 stored, managed, or maintained be7 cause of the significance of the prop8 erty; 

9 (B) comprehensive policies, strategies and 

10 recommendations for the conservation, funding, 

11 management, and development of the National 

12 Heritage Area; 

13 (C) a description of actions that the Fed14 eral Government, State, tribal, and local gov15 ernments, private organizations, and individuals 

16 have agreed to take to protect the natural, cul17 tural, historical, scenic, and recreational re18 sources of the National Heritage Area; 

19 (D) a program of implementation for the 

20 management plan by the local coordinating en21 tity that includes a description of— 

22 (i) actions to facilitate ongoing col23 laboration among partners to promote 

24 plans for resource protection, restoration, 

25 and construction; and 


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1 (ii) specific commitments for imple2 mentation that have been made by the 

3 local coordinating entity or any govern4 ment, organization, or individual for the 

5 first 5 years of operation of the National 

6 Heritage Area; 

7 (E) the identification of sources of funding 

8 for carrying out the management plan; 

9 (F) analysis and recommendations for 

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

11 programs may best be coordinated to carry out 

12 this section, including a description of the role 

13 of the National Park Service, the Forest Serv14 ice, and Tribes in the National Heritage Area; 

15 and 

16 (G) an interpretive plan for the National 

17 Heritage Area, including provisions addressing 

18 tribal heritage; and 

19 (4) recommend policies and strategies for re20 source management, including the development of 

21 intergovernmental and interagency cooperative 

22 agreements to protect the natural, cultural, histor23 ical, scenic, and recreational resources of the Na24 tional Heritage Area. 


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

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

3 after the date of enactment of this Act, the local coordi4 nating entity shall be ineligible to receive additional fund5 ing under this Act until the date on which the Secretary 

6 receives and approves the management plan. 

7 (d) APPROVAL OR DISAPPROVAL OF MANAGEMENT

8 PLAN.— 

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

10 after the date of receipt of the management plan 

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

12 with State and tribal governments, shall approve or 

13 disapprove the management plan. 

14 (2) CRITERIA FOR APPROVAL.—In determining 

15 whether to approve the management plan, the Sec16 retary shall consider whether— 

17 (A) the local coordinating entity is rep18 resentative of the diverse interests of the Na19 tional Heritage Area, including the Federal 

20 Government and State, tribal, and local govern21 ments, natural and historical resource protec22 tion organizations, educational institutions, 

23 businesses, and recreational organizations; 

24 (B) the local coordinating entity has af25 forded adequate opportunity, including public 


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1 hearings, for public and governmental involve2 ment in the preparation of the management 

3 plan; 

4 (C) the resource protection and interpreta5 tion strategies contained in the management 

6 plan, if implemented, would adequately protect 

7 the natural, cultural, historical, scenic, and rec8 reational resources of the National Heritage 

9 Area; and 

10 (D) the management plan is consistent 

11 with the trust responsibilities of the Secretary 

12 to Indian tribes and tribal treaty rights within 

13 the National Heritage Area. 

14 (3) ACTION FOLLOWING DISAPPROVAL.—If the 

15 Secretary disapproves the management plan under 

16 paragraph (1), the Secretary shall— 

17 (A) advise the local coordinating entity in 

18 writing of the reasons for the disapproval; 

19 (B) make recommendations for revisions to 

20 the management plan; and 

21 (C) not later than 180 days after the re22 ceipt of any proposed revision of the manage23 ment plan from the local coordinating entity, 

24 approve or disapprove the proposed revision. 

25 (4) AMENDMENTS.— 


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1 (A) IN GENERAL.—The Secretary shall ap2 prove or disapprove each amendment to the 

3 management plan that makes a substantial 

4 change to the management plan, as determined 

5 by the Secretary. 

6 (B) USE OF FUNDS.—The local coordi7 nating entity shall not use Federal funds au8 thorized by this section to carry out any amend9 ments to the management plan until the date 

10 on which the Secretary has approved the 

11 amendments. 

12 SEC. 6. ADMINISTRATION. 

13 (a) AUTHORITIES.—For purposes of implementing 

14 the management plan, the local coordinating entity may— 

15 (1) make grants to the State or a political sub16 division of the State, Tribes, nonprofit organizations, 

17 and other persons; 

18 (2) enter into cooperative agreements with, or 

19 provide technical assistance to Federal agencies, 

20 Tribes, the State or a political subdivision of the 

21 State, nonprofit organizations, and other interested 

22 parties; 

23 (3) hire and compensate staff, which shall in24 clude individuals with expertise in natural, cultural, 


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1 historical, scenic, and recreational resources protec2 tion and heritage programming; 

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

4 including any money or services that are provided 

5 under any other Federal law or program; 

6 (5) contract for goods or services; and 

7 (6) undertake to be a catalyst for any other ac8 tivity that— 

9 (A) furthers the purposes of the National 

10 Heritage Area; and 

11 (B) is consistent with the approved man12 agement plan. 

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

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

15 submit a management plan to the Secretary; 

16 (2) assist Federal agencies, the State or a polit17 ical subdivision of the State, Tribes, nonprofit orga18 nizations, and other interested parties in carrying 

19 out the approved management plan by— 

20 (A) carrying out programs and projects 

21 that recognize, protect, and enhance important 

22 resource values in the National Heritage Area; 

23 (B) establishing and maintaining interpre24 tive exhibits and programs in the National Her25 itage Area; 


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1 (C) developing recreational and educational 

2 opportunities in the National Heritage Area; 

3 (D) increasing public awareness of, and 

4 appreciation for, natural, cultural, historical, 

5 scenic, and recreational resources of the Na6 tional Heritage Area; 

7 (E) protecting and restoring historic sites 

8 and buildings in the National Heritage Area 

9 that are consistent with National Heritage Area 

10 themes; 

11 (F) supporting working relationships be12 tween the Federal Government and State, trib13 al, and local governments in order to preserve, 

14 enhance, and interpret the significant resources 

15 of the National Heritage Area; 

16 (G) ensuring that clear, consistent, and ap17 propriate signs identifying points of public ac18 cess and sites of interest are posted throughout 

19 the National Heritage Area; and 

20 (H) promoting a wide range of partner21 ships among the Federal Government, State, 

22 tribal, and local governments, organizations, 

23 and individuals to further the National Herit24 age Area; 


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

2 Federal Government, State, tribal, and local govern3 ments, businesses, organizations, and individuals in 

4 the National Heritage Area in the preparation and 

5 implementation of the management plan; 

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

7 semiannually regarding the development and imple8 mentation of the management plan; 

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

10 been received under this section— 

11 (A) submit to the Secretary an annual re12 port that describes the activities, expenses, and 

13 income of the local coordinating entity (includ14 ing grants from the local coordinating entity to 

15 any other entities during the year that the re16 port is made); 

17 (B) make available to the Secretary for 

18 audit all records relating to the expenditure of 

19 the funds and any matching funds; and 

20 (C) require, with respect to all agreements 

21 authorizing the expenditure of Federal funds by 

22 other organizations, that the organizations re23 ceiving the funds make available to the Sec24 retary for audit all records concerning the ex25 penditure of the funds; and 


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1 (6) encourage, by appropriate means, economic 

2 viability that is consistent with the National Herit3 age Area. 

4 (c) TECHNICAL AND FINANCIAL ASSISTANCE; COOP5 ERATIVE AGREEMENTS.—The Secretary and the Sec6 retary of Agriculture may— 

7 (1) provide technical and financial assistance to 

8 the local coordinating entity to develop and imple9 ment the management plan; and 

10 (2) enter into cooperative agreements with the 

11 local coordinating entity, Tribes, State and local 

12 agencies, and other interested parties to carry out 

13 this Act, including cooperation and cost sharing, as 

14 appropriate, to provide more cost-effective and co15 ordinated public land management. 

16 (d) PROHIBITION ON THE ACQUISITION OF REAL

17 PROPERTY.—The local coordinating entity shall not use 

18 Federal funds made available under this Act to acquire 

19 real property or any interest in real property. 

20 SEC. 7. RELATIONSHIP TO OTHER FEDERAL AGENCIES. 

21 (a) IN GENERAL.—Nothing in this Act affects the au22 thority of a Federal agency to provide technical or finan23 cial assistance under any other law. 

24 (b) CONSULTATION AND COORDINATION.—Any Fed25 eral agency planning to conduct activities that may have 


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1 an impact on the National Heritage Area is encouraged 

2 to consult and coordinate the activities with the Secretary 

3 and the local coordinating entity, to the maximum extent 

4 practicable. 

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

6 Act— 

7 (1) modifies, alters, or amends any law or regu8 lation authorizing a Federal agency to manage Fed9 eral land under the jurisdiction of the Federal agen10 cy; 

11 (2) limits the discretion of a Federal land man12 ager to implement an approved land use plan within 

13 the boundaries of the National Heritage Area; or 

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

15 use of Federal land under the jurisdiction of a Fed16 eral agency. 

17 SEC. 8. PRIVATE PROPERTY AND REGULATORY PROTEC18 TIONS. 

19 Nothing in this Act— 

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

21 or private property, including the right to refrain 

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

23 activity conducted within the National Heritage 

24 Area; 

25 (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 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘National Heritage Area 

5 Authorization Act of 2017’’. 

6 SEC. 2. DEFINITION OF SECRETARY. 

7 In this Act, the term ‘‘Secretary’’ means the Secretary 

8 of the Interior. 

9 SEC. 3. NATIONAL HERITAGE AREA DESIGNATIONS. 

10 The following areas are designated as national herit11 age areas, to be administered in accordance with this Act: 

12 (1) APPALACHIAN FOREST NATIONAL HERITAGE

13 AREA, WEST VIRGINIA AND MARYLAND.— 

14 (A) IN GENERAL.—There is established the 

15 Appalachian Forest National Heritage Area in 

16 the States of West Virginia and Maryland, as de17 picted on the map entitled ‘‘Appalachian Forest 

18 National Heritage Area’’, numbered T07/80,000, 

19 and dated October 2007, including— 

20 (i) Barbour, Braxton, Grant, 

21 Greenbrier, Hampshire, Hardy, Mineral, 

22 Morgan, Nicholas, Pendleton, Pocahontas, 

23 Preston, Randolph, Tucker, Upshur, and 

24 Webster Counties in West Virginia; and 


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1 (ii) Allegany and Garrett Counties in 

2 Maryland. 

3 (B) LOCAL COORDINATING ENTITY.—The 

4 Appalachian Forest Heritage Area, Inc., shall 

5 be— 

6 (i) the local coordinating entity for the 

7 national heritage area designated by sub8 paragraph (A) (referred to in this subpara9 graph as the ‘‘local coordinating entity’’); 

10 and 

11 (ii) governed by a board of directors 

12 that shall— 

13 (I) include members to represent a 

14 geographic balance across the counties 

15 described in subparagraph (A) and the 

16 States of West Virginia and Maryland; 

17 (II) be composed of not fewer than 

18 7, and not more than 15, members 

19 elected by the membership of the local 

20 coordinating entity; 

21 (III) be selected to represent a bal22 anced group of diverse interests, in23 cluding— 

24 (aa) the forest industry; 

25 (bb) environmental interests; 


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1 (cc) cultural heritage inter2 ests; 

3 (dd) tourism interests; and 

4 (ee) regional agency part5 ners; 

6 (IV) exercise all corporate powers 

7 of the local coordinating entity; 

8 (V) manage the activities and af9 fairs of the local coordinating entity; 

10 and 

11 (VI) subject to any limitations in 

12 the articles and bylaws of the local co13 ordinating entity, this section, and 

14 other applicable Federal or State law, 

15 establish the policies of the local coordi16 nating entity. 

17 (2) MARITIME WASHINGTON NATIONAL HERITAGE

18 AREA, WASHINGTON.— 

19 (A) IN GENERAL.—There is established the 

20 Maritime Washington National Heritage Area in 

21 the State of Washington, to include land in 

22 Whatcom, Skagit, Snohomish, San Juan, Island, 

23 King, Pierce, Thurston, Mason, Kitsap, Jeffer24 son, Clallam, Grays Harbor Counties in the 

25 State that is at least partially located within the 


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area that is 1 1 ⁄4–mile landward of the shoreline, 

2 as generally depicted on the map entitled ‘‘Mari3 time Washington National Heritage Area Pro4 posed Boundary’’, numbered 584/125,484, and 

5 dated August, 2014. 

6 (B) LOCAL COORDINATING ENTITY.—The 

7 Washington Trust for Historic Preservation shall 

8 be the local coordinating entity for the national 

9 heritage area designated by subparagraph (A). 

10 (3) MOUNTAINS TO SOUND GREENWAY NATIONAL

11 HERITAGE AREA, WASHINGTON.— 

12 (A) IN GENERAL.—There is established the 

13 Mountains to Sound Greenway National Herit14 age Area in the State of Washington, to consist 

15 of land in King and Kittitas Counties in the 

16 State, as generally depicted on the map entitled 

17 ‘‘Mountains to Sound Greenway National Herit18 age Area Proposed Boundary’’, numbered 584/ 

19 125,483, and dated August, 2014. 

20 (B) LOCAL COORDINATING ENTITY.—The 

21 Mountains to Sound Greenway Trust shall be the 

22 local coordinating entity for the national herit23 age area designated by subparagraph (A). 

24 (C) REFERENCES TO INDIAN TRIBE; TRIB25 AL.—Any reference in this Act to the terms ‘‘InVerDate Sep 11 2014 01:57 Jun 27, 2017 Jkt 069200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6203 E:\BILLS\S713.RS S713

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1 dian tribe’’ or ‘‘tribal’’ shall be considered, for 

2 purposes of the heritage area established by sub3 paragraph (A), to refer to each of the tribal gov4 ernments of the Snoqualmie, Yakama, Tulalip, 

5 Muckleshoot, and Colville Indian tribes. 

6 (4) SACRAMENTO-SAN JOAQUIN DELTA NATIONAL

7 HERITAGE AREA, CALIFORNIA.— 

8 (A) IN GENERAL.—There is established the 

9 Sacramento-San Joaquin Delta National Herit10 age Area in the State of California, to consist of 

11 land in Contra Costa, Sacramento, San Joa12 quin, Solano, and Yolo Counties in the State, as 

13 generally depicted on the map entitled ‘‘Sac14 ramento-San Joaquin Delta National Heritage 

15 Area Proposed Boundary’’, numbered T27/ 

16 105,030, and dated October 2012. 

17 (B) LOCAL COORDINATING ENTITY.—The 

18 Delta Protection Commission established by sec19 tion 29735 of the California Public Resources 

20 Code shall be the local coordinating entity for the 

21 national heritage area designated by subpara22 graph (A). 

23 SEC. 4. ADMINISTRATION. 

24 (a) AUTHORITIES.—For purposes of carrying out the 

25 management plan for each of the national heritage areas 


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1 designated by section 3, the Secretary, acting through the 

2 local coordinating entity, may use amounts made available 

3 under section 9— 

4 (1) to make grants to the State or a political 

5 subdivision of the State, Indian tribes, nonprofit or6 ganizations, and other persons; 

7 (2) to enter into cooperative agreements with, or 

8 provide technical assistance to, the State or a polit9 ical subdivision of the State, Indian tribes, nonprofit 

10 organizations, and other interested parties; 

11 (3) to hire and compensate staff, which shall in12 clude individuals with expertise in natural, cultural, 

13 and historical resources protection, and heritage pro14 gramming; 

15 (4) to obtain money or services from any source 

16 including any money or services that are provided 

17 under any other Federal law or program; 

18 (5) to contract for goods or services; and 

19 (6) to undertake to be a catalyst for any other 

20 activity that furthers the national heritage area and 

21 is consistent with the approved management plan. 

22 (b) DUTIES.—The local coordinating entity for each 

23 of the national heritage areas designated by section 3 

24 shall— 


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

2 submit a management plan for the national heritage 

3 area to the Secretary; 

4 (2) assist Federal agencies, the State or a polit5 ical subdivision of the State, Indian tribes, regional 

6 planning organizations, nonprofit organizations and 

7 other interested parties in carrying out the approved 

8 management plan by— 

9 (A) carrying out programs and projects 

10 that recognize, protect, and enhance important 

11 resource values in the national heritage area; 

12 (B) establishing and maintaining interpre13 tive exhibits and programs in the national herit14 age area; 

15 (C) developing recreational and educational 

16 opportunities in the national heritage area; 

17 (D) increasing public awareness of, and ap18 preciation for, natural, historical, scenic, and 

19 cultural resources of the national heritage area; 

20 (E) protecting and restoring historic sites 

21 and buildings in the national heritage area that 

22 are consistent with national heritage area 

23 themes; 

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1 cess and sites of interest are posted throughout 

2 the national heritage area; and 

3 (G) promoting a wide range of partnerships 

4 among the Federal Government, State, tribal, 

5 and local governments, organizations, and indi6 viduals to further the national heritage area; 

7 (3) consider the interests of diverse units of gov8 ernment, businesses, organizations, and individuals 

9 in the national heritage area in the preparation and 

10 implementation of the management plan; 

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

12 semiannually regarding the development and imple13 mentation of the management plan; 

14 (5) for any year that Federal funds have been re15 ceived under this section— 

16 (A) submit to the Secretary an annual re17 port that describes the activities, expenses, and 

18 income of the local coordinating entity (includ19 ing grants to any other entities during the year 

20 that the report is made); 

21 (B) make available to the Secretary for 

22 audit all records relating to the expenditure of 

23 the funds and any matching funds; and 

24 (C) require, with respect to all agreements 

25 authorizing expenditure of Federal funds by 


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1 other organizations, that the organizations re2 ceiving the funds make available to the Secretary 

3 for audit all records concerning the expenditure 

4 of the funds; and 

5 (6) encourage by appropriate means economic 

6 viability that is consistent with the national heritage 

7 area. 

8 (c) PROHIBITION ON THE ACQUISITION OF REAL

9 PROPERTY.—The local coordinating entity shall not use 

10 Federal funds made available under section 9 to acquire 

11 real property or any interest in real property. 

12 SEC. 5. MANAGEMENT PLAN. 

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

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

15 for each of the national heritage areas designated by section 

16 3 shall submit to the Secretary for approval a proposed 

17 management plan for the national heritage area. 

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

19 (1) incorporate an integrated and cooperative 

20 approach for the protection, enhancement, and inter21 pretation of the natural, cultural, historic, scenic, and 

22 recreational resources of the national heritage area; 

23 (2) take into consideration State, local, and trib24 al plans; 

25 (3) include— 


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1 (A) an inventory of— 

2 (i) the resources located in the national 

3 heritage area; and 

4 (ii) any other property in the national 

5 heritage area that— 

6 (I) is related to the themes of the 

7 national heritage area; and 

8 (II) should be preserved, restored, 

9 managed, or maintained because of the 

10 significance of the property; 

11 (B) comprehensive policies, strategies and 

12 recommendations for conservation, funding, 

13 management, and development of the national 

14 heritage area; 

15 (C) a description of actions that the Federal 

16 Government, State, tribal, and local govern17 ments, private organizations, and individuals 

18 have agreed to take to protect the natural, histor19 ical and cultural resources of the national herit20 age area; 

21 (D) a program of implementation for the 

22 management plan by the local coordinating enti23 ty that includes a description of— 

24 (i) actions to facilitate ongoing collabo25 ration among partners to promote plans for 


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1 resource protection, restoration, and con2 struction; and 

3 (ii) specific commitments for imple4 mentation that have been made by the local 

5 coordinating entity or any government, or6 ganization, or individual for the first 5 

7 years of operation; 

8 (E) the identification of sources of funding 

9 for carrying out the management plan; 

10 (F) analysis and recommendations for 

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

12 programs, including the role of the National 

13 Park Service in the national heritage area, may 

14 best be coordinated to carry out this section; and 

15 (G) an interpretive plan for the national 

16 heritage area; and 

17 (4) recommend policies and strategies for re18 source management that consider and detail the ap19 plication of appropriate land and water management 

20 techniques, including the development of intergovern21 mental and interagency cooperative agreements to 

22 protect the natural, historical, cultural, educational, 

23 scenic, and recreational resources of the national her24 itage area. 


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

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

3 after the date of enactment of this Act, the local coordi4 nating entity shall be ineligible to receive additional fund5 ing under this Act until the date on which the Secretary 

6 receives and approves the management plan. 

7 (d) APPROVAL OR DISAPPROVAL OF MANAGEMENT

8 PLAN.— 

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

10 the date of receipt of the management plan under sub11 section (a), the Secretary, in consultation with the 

12 State, shall approve or disapprove the management 

13 plan. 

14 (2) CRITERIA FOR APPROVAL.—In determining 

15 whether to approve the management plan, the Sec16 retary shall consider whether— 

17 (A) the local coordinating entity is rep18 resentative of the diverse interests of the national 

19 heritage area, including governments, natural 

20 and historic resource protection organizations, 

21 educational institutions, businesses, and rec22 reational organizations; 

23 (B) the local coordinating entity has af24 forded adequate opportunity, including public 

25 hearings, for public and governmental involveVerDate Sep 11 2014 01:57 Jun 27, 2017 Jkt 069200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6203 E:\BILLS\S713.RS S713

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1 ment in the preparation of the management 

2 plan; and 

3 (C) the resource protection and interpreta4 tion strategies contained in the management 

5 plan, if implemented, would adequately protect 

6 the natural, historical, and cultural resources of 

7 the national heritage area. 

8 (3) ACTION FOLLOWING DISAPPROVAL.—If the 

9 Secretary disapproves the management plan under 

10 paragraph (1), the Secretary shall— 

11 (A) advise the local coordinating entity in 

12 writing of the reasons for the disapproval; 

13 (B) make recommendations for revisions to 

14 the management plan; and 

15 (C) not later than 180 days after the receipt 

16 of any proposed revision of the management 

17 plan from the local coordinating entity, approve 

18 or disapprove the proposed revision. 

19 (4) AMENDMENTS.— 

20 (A) IN GENERAL.—The Secretary shall ap21 prove or disapprove each amendment to the 

22 management plan that the Secretary determines 

23 make a substantial change to the management 

24 plan. 


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1 (B) USE OF FUNDS.—The local coordi2 nating entity shall not use Federal funds author3 ized by this section to carry out any amend4 ments to the management plan until the Sec5 retary has approved the amendments. 

6 SEC. 6. RELATIONSHIP TO OTHER FEDERAL AGENCIES. 

7 (a) IN GENERAL.—Nothing in this Act affects the au8 thority of a Federal agency to provide technical or financial 

9 assistance under any other law. 

10 (b) CONSULTATION AND COORDINATION.—The head of 

11 any Federal agency planning to conduct activities that may 

12 have an impact on a national heritage area designated by 

13 section 3 is encouraged to consult and coordinate the activi14 ties with the Secretary and the local coordinating entity 

15 to the maximum extent practicable. 

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

17 Act— 

18 (1) modifies, alters, or amends any law or regu19 lation authorizing a Federal agency to manage Fed20 eral land under the jurisdiction of the Federal agency; 

21 (2) limits the discretion of a Federal land man22 ager to implement an approved land use plan within 

23 the boundaries of a national heritage area designated 

24 by section 3; or 


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

2 use of Federal land under the jurisdiction of a Fed3 eral agency. 

4 SEC. 7. PRIVATE PROPERTY AND REGULATORY PROTEC5 TIONS. 

6 Nothing in this Act— 

7 (1) abridges the rights of any property owner 

8 (whether public or private), including the right to re9 frain from participating in any plan, project, pro10 gram, or activity conducted within a national herit11 age area designated by section 3; 

12 (2) requires any property owner— 

13 (A) to permit public access (including ac14 cess by Federal, State, or local agencies) to the 

15 property of the property owner; or 

16 (B) to modify public access or use of prop17 erty of the property owner under any other Fed18 eral, State, or local law; 

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

20 approved land use plan, or other regulatory authority 

21 of any Federal, State, tribal, or local agency, 

22 (4) conveys any land use or other regulatory au23 thority to the local coordinating entity; 

24 (5) authorizes or implies the reservation or ap25 propriation of water or water rights; 


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

2 within the national heritage area; 

3 (7) diminishes— 

4 (A) the authority of the State to manage 

5 fish and wildlife, including the regulation of 

6 fishing and hunting within a national heritage 

7 area designated by section 3; or 

8 (B) the authority of Indian tribes to regu9 late members of Indian tribes with respect to 

10 fishing and hunting in the exercise of treaty 

11 rights; or 

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

13 under any other law, of any private property owner 

14 with respect to any person injured on the private 

15 property. 

16 SEC. 8. EVALUATION AND REPORT. 

17 (a) IN GENERAL.—For each of the national heritage 

18 areas designated by section 3, not later than 3 years before 

19 the date on which authority for Federal funding terminates 

20 for each national heritage area, the Secretary shall— 

21 (1) conduct an evaluation of the accomplish22 ments of the national heritage area; and 

23 (2) prepare a report in accordance with sub24 section (c). 


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1 (b) EVALUATION.—An evaluation conducted under 

2 subsection (a)(1) shall— 

3 (1) assess the progress of the local management 

4 entity with respect to— 

5 (A) accomplishing the purposes of the au6 thorizing legislation for the national heritage 

7 area; and 

8 (B) achieving the goals and objectives of the 

9 approved management plan for the national her10 itage area; 

11 (2) analyze the investments of the Federal Gov12 ernment, State, tribal, and local governments, and 

13 private entities in each national heritage area to de14 termine the impact of the investments; and 

15 (3) review the management structure, partner16 ship relationships, and funding of the national herit17 age area for purposes of identifying the critical com18 ponents for sustainability of the national heritage 

19 area. 

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

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

22 Committee on Energy and Natural Resources of the Senate 

23 and the Committee on Natural Resources of the House of 

24 Representatives a report that includes recommendations for 


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1 the future role of the National Park Service, if any, with 

2 respect to the national heritage area. 

3 SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 

4 (a) IN GENERAL.—There is authorized to be appro5 priated for each national heritage area designated by sec6 tion 3 to carry out the purposes of this Act $10,000,000, 

7 of which not more than $1,000,000 may be made available 

8 in any fiscal year. 

9 (b) AVAILABILITY.—Amounts made available under 

10 subsection (a) shall remain available until expended. 

11 (c) COST-SHARING REQUIREMENT.— 

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

13 cost of any activity under this Act shall be not more 

14 than 50 percent. 

15 (2) FORM.—The non-Federal contribution of the 

16 total cost of any activity under this Act may be in 

17 the form of in-kind contributions of goods or services 

18 fairly valued. 

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

20 the Secretary to provide assistance under this Act termi21 nates on the date that is 15 years after the date of enact22 ment of this Act. 

Amend the title so as to read: ‘‘A bill to establish 

certain national heritage areas, and for other purposes.’’. 


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Calendar No. 155 

115TH CONGRESS 

1ST SESSION S. 713 

[Report No. 115–118] 

A BILL 

To establish the Mountains to Sound Greenway 

National Heritage Area in the State of Washington. 

JUNE 26, 2017 

Reported with an amendment and an amendment to the 

title 


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