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[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 713 Reported in Senate (RS)]

<DOC>

                                                       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.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Mountains to Sound Greenway 
National Heritage Area Act''.</DELETED>

<DELETED>SEC. 2. PURPOSES.</DELETED>

<DELETED>    The purposes of this Act are--</DELETED>
        <DELETED>    (1) to recognize the national importance of the 
        natural, cultural, historical, scenic, and recreational 
        resources of the Mountains to Sound Greenway National Heritage 
        Area;</DELETED>
        <DELETED>    (2) to preserve, enhance, and interpret the 
        legacies of Indian tribes and nations from time immemorial, 
        natural resource conservation, and community stewardship within 
        the Mountains to Sound Greenway National Heritage Area; 
        and</DELETED>
        <DELETED>    (3) to promote heritage, cultural, and 
        recreational tourism within the Mountains to Sound Greenway 
        National Heritage Area.</DELETED>

<DELETED>SEC. 3. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Local coordinating entity.--The term ``local 
        coordinating entity'' means the local coordinating entity for 
        the National Heritage Area designated by section 
        4(d).</DELETED>
        <DELETED>    (2) Management plan.--The term ``management plan'' 
        means the management plan for the National Heritage Area 
        required under section 5.</DELETED>
        <DELETED>    (3) Map.--The term ``map'' means the map entitled 
        ``Mountains to Sound Greenway National Heritage Area Proposed 
        Boundary'', numbered 584/125,483, and dated August, 
        2014.</DELETED>
        <DELETED>    (4) National heritage area.--The term ``National 
        Heritage Area'' means the Mountains to Sound Greenway National 
        Heritage Area established by section 4(a).</DELETED>
        <DELETED>    (5) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior.</DELETED>
        <DELETED>    (6) State.--The term ``State'' means the State of 
        Washington.</DELETED>
        <DELETED>    (7) Tribal; tribe.--The terms ``tribal'' and 
        ``Tribe'' means any federally recognized Indian tribe that has 
        cultural heritage, historic interests, or federally reserved 
        treaty rights within the National Heritage Area.</DELETED>

<DELETED>SEC. 4. MOUNTAINS TO SOUND GREENWAY NATIONAL HERITAGE 
              AREA.</DELETED>

<DELETED>    (a) Establishment.--There is established in the State the 
Mountains to Sound Greenway National Heritage Area.</DELETED>
<DELETED>    (b) Boundaries.--The National Heritage Area shall consist 
of land located in King and Kittitas Counties in the State, as 
generally depicted on the map.</DELETED>
<DELETED>    (c) Map.--The map shall be on file and available for 
public inspection in the appropriate offices of--</DELETED>
        <DELETED>    (1) the National Park Service;</DELETED>
        <DELETED>    (2) the Forest Service;</DELETED>
        <DELETED>    (3) the Tribes; and</DELETED>
        <DELETED>    (4) the local coordinating entity.</DELETED>
<DELETED>    (d) Local Coordinating Entity.--The Mountains to Sound 
Greenway Trust, a nonprofit corporation established under the laws of 
the State, is designated as the local coordinating entity for the 
National Heritage Area.</DELETED>

<DELETED>SEC. 5. MANAGEMENT PLAN.</DELETED>

<DELETED>    (a) In General.--Not later than 3 years after the date of 
enactment of this Act, the local coordinating entity shall submit to 
the Secretary for approval a proposed management plan for the National 
Heritage Area.</DELETED>
<DELETED>    (b) Requirements.--The management plan shall--</DELETED>
        <DELETED>    (1) incorporate an integrated and cooperative 
        approach for the protection, enhancement, and interpretation of 
        the natural, cultural, historical, scenic, and recreational 
        resources of the National Heritage Area;</DELETED>
        <DELETED>    (2) take into consideration Federal, State, 
        tribal, and local plans;</DELETED>
        <DELETED>    (3) include--</DELETED>
                <DELETED>    (A) an inventory of--</DELETED>
                        <DELETED>    (i) the resources located in the 
                        National Heritage Area; and</DELETED>
                        <DELETED>    (ii) any other property in the 
                        National Heritage Area that--</DELETED>
                                <DELETED>    (I) is related to the 
                                themes of the National Heritage Area; 
                                and</DELETED>
                                <DELETED>    (II) should be preserved, 
                                restored, managed, or maintained 
                                because of the significance of the 
                                property;</DELETED>
                <DELETED>    (B) comprehensive policies, strategies and 
                recommendations for the conservation, funding, 
                management, and development of the National Heritage 
                Area;</DELETED>
                <DELETED>    (C) a description of actions that the 
                Federal Government, State, tribal, and local 
                governments, private organizations, and individuals 
                have agreed to take to protect the natural, cultural, 
                historical, scenic, and recreational resources of the 
                National Heritage Area;</DELETED>
                <DELETED>    (D) a program of implementation for the 
                management plan by the local coordinating entity that 
                includes a description of--</DELETED>
                        <DELETED>    (i) actions to facilitate ongoing 
                        collaboration among partners to promote plans 
                        for resource protection, restoration, and 
                        construction; and</DELETED>
                        <DELETED>    (ii) specific commitments for 
                        implementation that have been made by the local 
                        coordinating entity or any government, 
                        organization, or individual for the first 5 
                        years of operation of the National Heritage 
                        Area;</DELETED>
                <DELETED>    (E) the identification of sources of 
                funding for carrying out the management plan;</DELETED>
                <DELETED>    (F) analysis and recommendations for means 
                by which Federal, State, tribal, and local programs may 
                best be coordinated to carry out this section, 
                including a description of the role of the National 
                Park Service, the Forest Service, and Tribes in the 
                National Heritage Area; and</DELETED>
                <DELETED>    (G) an interpretive plan for the National 
                Heritage Area, including provisions addressing tribal 
                heritage; and</DELETED>
        <DELETED>    (4) recommend 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 
        National Heritage Area.</DELETED>
<DELETED>    (c) Deadline.--If a proposed management plan is not 
submitted to the Secretary by the date that is 3 years after the date 
of 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.</DELETED>
<DELETED>    (d) Approval or Disapproval of Management Plan.--
</DELETED>
        <DELETED>    (1) In general.--Not later than 180 days after the 
        date of receipt of the management plan under subsection (a), 
        the Secretary, in consultation with State and tribal 
        governments, shall approve or disapprove the management 
        plan.</DELETED>
        <DELETED>    (2) Criteria for approval.--In determining whether 
        to approve the management plan, the Secretary shall consider 
        whether--</DELETED>
                <DELETED>    (A) the local coordinating entity is 
                representative of the diverse interests of the National 
                Heritage Area, including the Federal Government and 
                State, tribal, and local governments, natural and 
                historical resource protection organizations, 
                educational institutions, businesses, and recreational 
                organizations;</DELETED>
                <DELETED>    (B) the local coordinating entity has 
                afforded adequate opportunity, including public 
                hearings, for public and governmental involvement in 
                the preparation of the management plan;</DELETED>
                <DELETED>    (C) 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 National Heritage Area; and</DELETED>
                <DELETED>    (D) the management plan is consistent with 
                the trust responsibilities of the Secretary to Indian 
                tribes and tribal treaty rights within the National 
                Heritage Area.</DELETED>
        <DELETED>    (3) Action following disapproval.--If the 
        Secretary disapproves the management plan under paragraph (1), 
        the Secretary shall--</DELETED>
                <DELETED>    (A) advise the local coordinating entity 
                in writing of the reasons for the 
                disapproval;</DELETED>
                <DELETED>    (B) make recommendations for revisions to 
                the management plan; and</DELETED>
                <DELETED>    (C) not later than 180 days after the 
                receipt of any proposed revision of the management plan 
                from the local coordinating entity, approve or 
                disapprove the proposed revision.</DELETED>
        <DELETED>    (4) Amendments.--</DELETED>
                <DELETED>    (A) In general.--The Secretary shall 
                approve or disapprove each amendment to the management 
                plan that makes a substantial change to the management 
                plan, as determined by the Secretary.</DELETED>
                <DELETED>    (B) Use of funds.--The local coordinating 
                entity shall not use Federal funds authorized by this 
                section to carry out any amendments to the management 
                plan until the date on which the Secretary has approved 
                the amendments.</DELETED>

<DELETED>SEC. 6. ADMINISTRATION.</DELETED>

<DELETED>    (a) Authorities.--For purposes of implementing the 
management plan, the local coordinating entity may--</DELETED>
        <DELETED>    (1) make grants to the State or a political 
        subdivision of the State, Tribes, nonprofit organizations, and 
        other persons;</DELETED>
        <DELETED>    (2) enter into cooperative agreements with, or 
        provide technical assistance to Federal agencies, Tribes, the 
        State or a political subdivision of the State, nonprofit 
        organizations, and other interested parties;</DELETED>
        <DELETED>    (3) hire and compensate staff, which shall include 
        individuals with expertise in natural, cultural, historical, 
        scenic, and recreational resources protection and heritage 
        programming;</DELETED>
        <DELETED>    (4) obtain money or services from any source, 
        including any money or services that are provided under any 
        other Federal law or program;</DELETED>
        <DELETED>    (5) contract for goods or services; and</DELETED>
        <DELETED>    (6) undertake to be a catalyst for any other 
        activity that--</DELETED>
                <DELETED>    (A) furthers the purposes of the National 
                Heritage Area; and</DELETED>
                <DELETED>    (B) is consistent with the approved 
                management plan.</DELETED>
<DELETED>    (b) Duties.--The local coordinating entity may--</DELETED>
        <DELETED>    (1) in accordance with section 5, prepare and 
        submit a management plan to the Secretary;</DELETED>
        <DELETED>    (2) assist Federal agencies, the State or a 
        political subdivision of the State, Tribes, nonprofit 
        organizations, and other interested parties in carrying out the 
        approved management plan by--</DELETED>
                <DELETED>    (A) carrying out programs and projects 
                that recognize, protect, and enhance important resource 
                values in the National Heritage Area;</DELETED>
                <DELETED>    (B) establishing and maintaining 
                interpretive exhibits and programs in the National 
                Heritage Area;</DELETED>
                <DELETED>    (C) developing recreational and 
                educational opportunities in the National Heritage 
                Area;</DELETED>
                <DELETED>    (D) increasing public awareness of, and 
                appreciation for, natural, cultural, historical, 
                scenic, and recreational resources of the National 
                Heritage Area;</DELETED>
                <DELETED>    (E) protecting and restoring historic 
                sites and buildings in the National Heritage Area that 
                are consistent with National Heritage Area 
                themes;</DELETED>
                <DELETED>    (F) supporting working relationships 
                between the Federal Government and State, tribal, and 
                local governments in order to preserve, enhance, and 
                interpret the significant resources of the National 
                Heritage Area;</DELETED>
                <DELETED>    (G) ensuring that clear, consistent, and 
                appropriate signs identifying points of public access 
                and sites of interest are posted throughout the 
                National Heritage Area; and</DELETED>
                <DELETED>    (H) promoting a wide range of partnerships 
                among the Federal Government, State, tribal, and local 
                governments, organizations, and individuals to further 
                the National Heritage Area;</DELETED>
        <DELETED>    (3) consider the interests of diverse units of the 
        Federal Government, State, tribal, and local governments, 
        businesses, organizations, and individuals in the National 
        Heritage Area in the preparation and implementation of the 
        management plan;</DELETED>
        <DELETED>    (4) conduct meetings open to the public at least 
        semiannually regarding the development and implementation of 
        the management plan;</DELETED>
        <DELETED>    (5) for any year for which Federal funds have been 
        received under this section--</DELETED>
                <DELETED>    (A) submit to the Secretary an annual 
                report that describes the activities, expenses, and 
                income of the local coordinating entity (including 
                grants from the local coordinating entity to any other 
                entities during the year that the report is 
                made);</DELETED>
                <DELETED>    (B) make available to the Secretary for 
                audit all records relating to the expenditure of the 
                funds and any matching funds; and</DELETED>
                <DELETED>    (C) require, with respect to all 
                agreements authorizing the expenditure of Federal funds 
                by other organizations, that the organizations 
                receiving the funds make available to the Secretary for 
                audit all records concerning the expenditure of the 
                funds; and</DELETED>
        <DELETED>    (6) encourage, by appropriate means, economic 
        viability that is consistent with the National Heritage 
        Area.</DELETED>
<DELETED>    (c) Technical and Financial Assistance; Cooperative 
Agreements.--The Secretary and the Secretary of Agriculture may--
</DELETED>
        <DELETED>    (1) provide technical and financial assistance to 
        the local coordinating entity to develop and implement the 
        management plan; and</DELETED>
        <DELETED>    (2) enter into cooperative agreements with the 
        local coordinating entity, Tribes, State and local agencies, 
        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.</DELETED>
<DELETED>    (d) Prohibition on the Acquisition of Real Property.--The 
local coordinating entity shall not use Federal funds made available 
under this Act to acquire real property or any interest in real 
property.</DELETED>

<DELETED>SEC. 7. RELATIONSHIP TO OTHER FEDERAL AGENCIES.</DELETED>

<DELETED>    (a) In General.--Nothing in this Act affects the authority 
of a Federal agency to provide technical or financial assistance under 
any other law.</DELETED>
<DELETED>    (b) Consultation and Coordination.--Any Federal agency 
planning to conduct activities that may have an impact on the National 
Heritage Area is encouraged to consult and coordinate the activities 
with the Secretary and the local coordinating entity, to the maximum 
extent practicable.</DELETED>
<DELETED>    (c) Other Federal Agencies.--Nothing in this Act--
</DELETED>
        <DELETED>    (1) modifies, alters, or amends any law or 
        regulation authorizing a Federal agency to manage Federal land 
        under the jurisdiction of the Federal agency;</DELETED>
        <DELETED>    (2) limits the discretion of a Federal land 
        manager to implement an approved land use plan within the 
        boundaries of the National Heritage Area; or</DELETED>
        <DELETED>    (3) modifies, alters, or amends any authorized use 
        of Federal land under the jurisdiction of a Federal 
        agency.</DELETED>

<DELETED>SEC. 8. PRIVATE PROPERTY AND REGULATORY PROTECTIONS.</DELETED>

<DELETED>    Nothing in this Act--</DELETED>
        <DELETED>    (1) abridges 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 National Heritage Area;</DELETED>
        <DELETED>    (2) requires any property owner--</DELETED>
                <DELETED>    (A) to permit public access (including 
                access by Federal, State, or local agencies) to the 
                property of the property owner; or</DELETED>
                <DELETED>    (B) to modify public access or use of 
                property of the property owner under any other Federal, 
                State, or local law;</DELETED>
        <DELETED>    (3) alters any duly adopted land use regulation, 
        approved land use plan, or other regulatory authority of any 
        Federal, State, tribal, or local agency;</DELETED>
        <DELETED>    (4) conveys any land use or other regulatory 
        authority to the local coordinating entity;</DELETED>
        <DELETED>    (5) authorizes or implies the reservation or 
        appropriation of water or water rights;</DELETED>
        <DELETED>    (6) affects the treaty rights of any Indian tribe 
        within the National Heritage Area;</DELETED>
        <DELETED>    (7) affects the authority of the State or Tribes 
        to manage fish and wildlife, including the regulation of 
        fishing and hunting within the National Heritage Area; 
        or</DELETED>
        <DELETED>    (8) creates 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.</DELETED>

<DELETED>SEC. 9. EVALUATION AND REPORT.</DELETED>

<DELETED>    (a) In General.--Not later than 3 years before the date on 
which authority for Federal funding terminates for the National 
Heritage Area, the Secretary shall--</DELETED>
        <DELETED>    (1) conduct an evaluation of the accomplishments 
        of the National Heritage Area; and</DELETED>
        <DELETED>    (2) prepare a report in accordance with subsection 
        (c).</DELETED>
<DELETED>    (b) Evaluation.--An evaluation conducted under subsection 
(a)(1) shall--</DELETED>
        <DELETED>    (1) assess the progress of the local coordinating 
        entity with respect to--</DELETED>
                <DELETED>    (A) accomplishing the purposes of the 
                National Heritage Area; and</DELETED>
                <DELETED>    (B) achieving the goals and objectives of 
                the management plan;</DELETED>
        <DELETED>    (2) analyze the investments of Federal, State, 
        tribal, and local government and private entities in the 
        National Heritage Area to determine the impact of the 
        investments; and</DELETED>
        <DELETED>    (3) review the management structure, partnership 
        relationships, and funding of the National Heritage Area for 
        purposes of identifying the critical components for 
        sustainability of the National Heritage Area.</DELETED>
<DELETED>    (c) Report.--Based on the evaluation conducted under 
subsection (a)(1), the Secretary shall submit to the Committee on 
Energy and Natural Resources of the Senate and the Committee on Natural 
Resources of the House of Representatives a report that includes 
recommendations for the future role of the National Park Service with 
respect to the National Heritage Area.</DELETED>

<DELETED>SEC. 10. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    (a) In General.--There is authorized to be appropriated to 
carry out this Act $10,000,000, of which not more than $1,000,000 may 
be made available in any fiscal year.</DELETED>
<DELETED>    (b) Availability.--Amounts made available under subsection 
(a) shall remain available until expended.</DELETED>
<DELETED>    (c) Cost-Sharing Requirement.--</DELETED>
        <DELETED>    (1) In general.--The Federal share of the total 
        cost of any activity carried out under this Act shall be not 
        more than 50 percent.</DELETED>
        <DELETED>    (2) Form.--The non-Federal share of the total cost 
        of any activity carried out under this Act may be in the form 
        of in-kind contributions of goods or services fairly 
        valued.</DELETED>
<DELETED>    (d) Termination of Authority.--The authority of the 
Secretary to provide assistance under this Act terminates on the date 
that is 15 years after the date of enactment of this Act.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Heritage Area Authorization 
Act of 2017''.

SEC. 2. DEFINITION OF SECRETARY.

    In this Act, the term ``Secretary'' means the Secretary of the 
Interior.

SEC. 3. NATIONAL HERITAGE AREA DESIGNATIONS.

    The following areas are designated as national heritage areas, to 
be administered in accordance with this Act:
            (1) Appalachian forest national heritage area, west 
        virginia and maryland.--
                    (A) In general.--There is established the 
                Appalachian Forest National Heritage Area in the States 
                of West Virginia and Maryland, as depicted on the map 
                entitled ``Appalachian Forest National Heritage Area'', 
                numbered T07/80,000, and dated October 2007, 
                including--
                            (i) Barbour, Braxton, Grant, Greenbrier, 
                        Hampshire, Hardy, Mineral, Morgan, Nicholas, 
                        Pendleton, Pocahontas, Preston, Randolph, 
                        Tucker, Upshur, and Webster Counties in West 
                        Virginia; and
                            (ii) Allegany and Garrett Counties in 
                        Maryland.
                    (B) Local coordinating entity.--The Appalachian 
                Forest Heritage Area, Inc., shall be--
                            (i) the local coordinating entity for the 
                        national heritage area designated by 
                        subparagraph (A) (referred to in this 
                        subparagraph as the ``local coordinating 
                        entity''); and
                            (ii) governed by a board of directors that 
                        shall--
                                    (I) include members to represent a 
                                geographic balance across the counties 
                                described in subparagraph (A) and the 
                                States of West Virginia and Maryland;
                                    (II) be composed of not fewer than 
                                7, and not more than 15, members 
                                elected by the membership of the local 
                                coordinating entity;
                                    (III) be selected to represent a 
                                balanced group of diverse interests, 
                                including--
                                            (aa) the forest industry;
                                            (bb) environmental 
                                        interests;
                                            (cc) cultural heritage 
                                        interests;
                                            (dd) tourism interests; and
                                            (ee) regional agency 
                                        partners;
                                    (IV) exercise all corporate powers 
                                of the local coordinating entity;
                                    (V) manage the activities and 
                                affairs of the local coordinating 
                                entity; and
                                    (VI) subject to any limitations in 
                                the articles and bylaws of the local 
                                coordinating entity, this section, and 
                                other applicable Federal or State law, 
                                establish the policies of the local 
                                coordinating entity.
            (2) Maritime washington national heritage area, 
        washington.--
                    (A) In general.--There is established the Maritime 
                Washington National Heritage Area in the State of 
                Washington, to include land in Whatcom, Skagit, 
                Snohomish, San Juan, Island, King, Pierce, Thurston, 
                Mason, Kitsap, Jefferson, Clallam, Grays Harbor 
                Counties in the State that is at least partially 
                located within the area that is \1/4\-mile landward of 
                the shoreline, as generally depicted on the map 
                entitled ``Maritime Washington National Heritage Area 
                Proposed Boundary'', numbered 584/125,484, and dated 
                August, 2014.
                    (B) Local coordinating entity.--The Washington 
                Trust for Historic Preservation shall be the local 
                coordinating entity for the national heritage area 
                designated by subparagraph (A).
            (3) Mountains to sound greenway national heritage area, 
        washington.--
                    (A) In general.--There is established the Mountains 
                to Sound Greenway National Heritage Area in the State 
                of Washington, to consist of land in King and Kittitas 
                Counties in the State, as generally depicted on the map 
                entitled ``Mountains to Sound Greenway National 
                Heritage Area Proposed Boundary'', numbered 584/
                125,483, and dated August, 2014.
                    (B) Local coordinating entity.--The Mountains to 
                Sound Greenway Trust shall be the local coordinating 
                entity for the national heritage area designated by 
                subparagraph (A).
                    (C) References to indian tribe; tribal.--Any 
                reference in this Act to the terms ``Indian tribe'' or 
                ``tribal'' shall be considered, for purposes of the 
                heritage area established by subparagraph (A), to refer 
                to each of the tribal governments of the Snoqualmie, 
                Yakama, Tulalip, Muckleshoot, and Colville Indian 
                tribes.
            (4) Sacramento-san joaquin delta national heritage area, 
        california.--
                    (A) In general.--There is established the 
                Sacramento-San Joaquin Delta National Heritage Area in 
                the State of California, to consist of land in Contra 
                Costa, Sacramento, San Joaquin, Solano, and Yolo 
                Counties in the State, as generally depicted on the map 
                entitled ``Sacramento-San Joaquin Delta National 
                Heritage Area Proposed Boundary'', numbered T27/
                105,030, and dated October 2012.
                    (B) Local coordinating entity.--The Delta 
                Protection Commission established by section 29735 of 
                the California Public Resources Code shall be the local 
                coordinating entity for the national heritage area 
                designated by subparagraph (A).

SEC. 4. ADMINISTRATION.

    (a) Authorities.--For purposes of carrying out the management plan 
for each of the national heritage areas designated by section 3, the 
Secretary, acting through the local coordinating entity, may use 
amounts made available under section 9--
            (1) to make grants to the State or a political subdivision 
        of the State, Indian tribes, nonprofit organizations, and other 
        persons;
            (2) to enter into cooperative agreements with, or provide 
        technical assistance to, the State or a political subdivision 
        of the State, Indian tribes, nonprofit organizations, and other 
        interested parties;
            (3) to hire and compensate staff, which shall include 
        individuals with expertise in natural, cultural, and historical 
        resources protection, and heritage programming;
            (4) to obtain money or services from any source including 
        any money or services that are provided under any other Federal 
        law or program;
            (5) to contract for goods or services; and
            (6) to undertake to be a catalyst for any other activity 
        that furthers the national heritage area and is consistent with 
        the approved management plan.
    (b) Duties.--The local coordinating entity for each of the national 
heritage areas designated by section 3 shall--
            (1) in accordance with section 5, prepare and submit a 
        management plan for the national heritage area to the 
        Secretary;
            (2) assist Federal agencies, the State or a political 
        subdivision of the State, Indian 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 national heritage area;
                    (B) establishing and maintaining interpretive 
                exhibits and programs in the national heritage area;
                    (C) developing recreational and educational 
                opportunities in the national heritage area;
                    (D) increasing public awareness of, and 
                appreciation for, natural, historical, scenic, and 
                cultural resources of the national heritage area;
                    (E) protecting and restoring historic sites and 
                buildings in the national heritage area that are 
                consistent with national heritage area themes;
                    (F) ensuring that clear, consistent, and 
                appropriate signs identifying points of public access 
                and sites of interest are posted throughout the 
                national heritage area; and
                    (G) promoting a wide range of partnerships among 
                the Federal Government, State, tribal, and local 
                governments, organizations, and individuals to further 
                the national heritage area;
            (3) consider the interests of diverse units of government, 
        businesses, organizations, and individuals in the national 
        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) for any year that Federal funds have been received 
        under this section--
                    (A) submit to the Secretary an annual report that 
                describes the activities, expenses, and income of the 
                local coordinating entity (including grants to any 
                other entities during the year that the report is 
                made);
                    (B) make available to the Secretary for audit all 
                records relating to the expenditure of the funds and 
                any matching funds; and
                    (C) require, with respect to all agreements 
                authorizing expenditure of Federal funds by other 
                organizations, that the organizations receiving the 
                funds make available to the Secretary for audit all 
                records concerning the expenditure of the funds; and
            (6) encourage by appropriate means economic viability that 
        is consistent with the national heritage area.
    (c) Prohibition on the Acquisition of Real Property.--The local 
coordinating entity shall not use Federal funds made available under 
section 9 to acquire real property or any interest in real property.

SEC. 5. MANAGEMENT PLAN.

    (a) In General.--Not later than 3 years after the date of enactment 
of this Act, the local coordinating entity for each of the national 
heritage areas designated by section 3 shall submit to the Secretary 
for approval a proposed management plan for the national 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 
        national heritage area;
            (2) take into consideration State, local, and tribal plans;
            (3) include--
                    (A) an inventory of--
                            (i) the resources located in the national 
                        heritage area; and
                            (ii) any other property in the national 
                        heritage area that--
                                    (I) is related to the themes of the 
                                national heritage area; and
                                    (II) should be preserved, restored, 
                                managed, or maintained because of the 
                                significance of the property;
                    (B) comprehensive policies, strategies and 
                recommendations for conservation, funding, management, 
                and development of the national heritage area;
                    (C) a description of actions that the Federal 
                Government, State, tribal, and local governments, 
                private organizations, and individuals have agreed to 
                take to protect the natural, historical and cultural 
                resources of the national heritage area;
                    (D) a program of implementation for the management 
                plan by the local coordinating entity that includes a 
                description of--
                            (i) actions to facilitate ongoing 
                        collaboration among partners to promote plans 
                        for resource protection, restoration, and 
                        construction; and
                            (ii) specific commitments for 
                        implementation that have been made by the local 
                        coordinating entity or any government, 
                        organization, or individual for the first 5 
                        years of operation;
                    (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, including 
                the role of the National Park Service in the national 
                heritage area, may best be coordinated to carry out 
                this section; and
                    (G) an interpretive plan for the national heritage 
                area; and
            (4) recommend policies and strategies for resource 
        management that consider and detail the application of 
        appropriate land and water management techniques, including the 
        development of intergovernmental and interagency cooperative 
        agreements to protect the natural, historical, cultural, 
        educational, scenic, and recreational resources of the national 
        heritage area.
    (c) Deadline.--If a proposed management plan is not submitted to 
the Secretary by the date that is 3 years after the date of 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 management plan under subsection (a), the 
        Secretary, in consultation with the State, 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 is representative 
                of the diverse interests of the national heritage area, 
                including governments, natural and historic resource 
                protection organizations, educational institutions, 
                businesses, and recreational organizations;
                    (B) the local coordinating entity has afforded 
                adequate opportunity, including public hearings, for 
                public and governmental involvement in the preparation 
                of the management plan; and
                    (C) the resource protection and interpretation 
                strategies contained in the management plan, if 
                implemented, would adequately protect the natural, 
                historical, and cultural resources of the national 
                heritage area.
            (3) Action following disapproval.--If the Secretary 
        disapproves the management plan under paragraph (1), the 
        Secretary shall--
                    (A) advise the local coordinating entity in writing 
                of the reasons for the disapproval;
                    (B) make recommendations for revisions to the 
                management plan; and
                    (C) not later than 180 days after the receipt of 
                any proposed revision of the management plan from the 
                local coordinating entity, approve or disapprove the 
                proposed revision.
            (4) Amendments.--
                    (A) In general.--The Secretary shall approve or 
                disapprove each amendment to the management plan that 
                the Secretary determines make a substantial change to 
                the management plan.
                    (B) Use of funds.--The local coordinating entity 
                shall not use Federal funds authorized by this section 
                to carry out any amendments to the management plan 
                until the Secretary has approved the amendments.

SEC. 6. 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.--The head of any Federal agency 
planning to conduct activities that may have an impact on a national 
heritage area designated by section 3 is encouraged to consult and 
coordinate the activities with the Secretary and 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 a 
        national heritage area designated by section 3; or
            (3) modifies, alters, or amends any authorized use of 
        Federal land under the jurisdiction of a Federal agency.

SEC. 7. PRIVATE PROPERTY AND REGULATORY PROTECTIONS.

    Nothing in this Act--
            (1) abridges the rights of any property owner (whether 
        public or private), including the right to refrain from 
        participating in any plan, project, program, or activity 
        conducted within a national heritage area designated by section 
        3;
            (2) requires any property owner--
                    (A) to permit 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) alters any duly adopted land use regulation, approved 
        land use plan, or other regulatory authority of any Federal, 
        State, tribal, or local agency,
            (4) conveys any land use or other regulatory authority to 
        the local coordinating entity;
            (5) authorizes or implies the reservation or appropriation 
        of water or water rights;
            (6) affects the treaty rights of any Indian tribe within 
        the national heritage area;
            (7) diminishes--
                    (A) the authority of the State to manage fish and 
                wildlife, including the regulation of fishing and 
                hunting within a national heritage area designated by 
                section 3; or
                    (B) the authority of Indian tribes to regulate 
                members of Indian tribes with respect to fishing and 
                hunting in the exercise of treaty rights; or
            (8) creates 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.

SEC. 8. EVALUATION AND REPORT.

    (a) In General.--For each of the national heritage areas designated 
by section 3, not later than 3 years before the date on which authority 
for Federal funding terminates for each national heritage area, the 
Secretary shall--
            (1) conduct an evaluation of the accomplishments of the 
        national 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 management entity with 
        respect to--
                    (A) accomplishing the purposes of the authorizing 
                legislation for the national heritage area; and
                    (B) achieving the goals and objectives of the 
                approved management plan for the national heritage 
                area;
            (2) analyze the investments of the Federal Government, 
        State, tribal, and local governments, and private entities in 
        each national heritage area to determine the impact of the 
        investments; and
            (3) review the management structure, partnership 
        relationships, and funding of the national heritage area for 
        purposes of identifying the critical components for 
        sustainability of the national heritage area.
    (c) Report.--Based on the evaluation conducted under subsection 
(a)(1), the Secretary shall submit to the Committee on Energy and 
Natural Resources of the Senate and the Committee on Natural Resources 
of the House of Representatives a report that includes recommendations 
for the future role of the National Park Service, if any, with respect 
to the national heritage area.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated for each 
national heritage area designated by section 3 to carry out the 
purposes of this Act $10,000,000, of which not more than $1,000,000 may 
be made available in any fiscal year.
    (b) Availability.--Amounts made available under subsection (a) 
shall remain available until expended.
    (c) Cost-sharing Requirement.--
            (1) In general.--The Federal share of the total cost of any 
        activity under this Act shall be not more than 50 percent.
            (2) Form.--The non-Federal contribution of the total cost 
        of any activity under this Act may be in the form of in-kind 
        contributions of goods or services fairly valued.
    (d) Termination of Authority.--The authority of the Secretary to 
provide assistance under this Act terminates on the date that is 15 
years after the date of enactment of this Act.
            Amend the title so as to read: ``A bill to establish 
        certain national heritage areas, and for other purposes.''.
                                                       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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