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[Senate Report 115-118]
[From the U.S. Government Publishing Office]

                                                      Calendar No. 155
115th Congress     }                                    {       Report
                                 SENATE
 1st Session       }                                    {      115-118

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

 
            NATIONAL HERITAGE AREA AUTHORIZATION ACT OF 2017

                                _______
                                

                 June 26, 2017.--Ordered to be printed

                                _______
                                

        Ms. Murkowski, from the Committee on Energy and Natural
                   Resources, submitted the following

                              R E P O R T

                         [To accompany S. 713]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 713) to establish the Mountains to Sound 
Greenway National Heritage Area in the State of Washington, 
having considered the same, reports favorably thereon with an 
amendment in the nature of a substitute and an amendment to the 
title, and recommends that the bill, as amended, do pass.
    The amendments are as follows:
    1. Strike all after the enacting clause and insert the 
following:

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.

    2. Amend the title so as to read: ``A bill to establish 
certain national heritage areas, and for other purposes.''

                                PURPOSE

    The purpose of S. 713, as ordered reported, is to establish 
the following four National Heritage Areas (NHAs): the 
Appalachian Forest NHA in the States of Maryland and West 
Virginia; the Maritime Washington NHA and the Mountains to 
Sound Greenway NHA in the State of Washington; and the 
Sacramento-San Joaquin Delta NHA in the State of California.

                          BACKGROUND AND NEED

    S. 713 would establish four new NHAs: the Appalachian 
Forest National Heritage Area (Maryland and West Virginia), the 
Maritime Washington National Heritage Area (Washington), the 
Mountains to Sound Greenway National Heritage Area 
(Washington), and the Sacramento-San Joaquin Delta National 
Heritage Area (California).
    Since 1984, Congress has designated 49 NHAs as places where 
natural, cultural, and historic resources combine to form a 
cohesive, nationally important landscape. Unlike national 
parks, NHAs are large, lived-in landscapes and are not managed 
by a federal agency. Consequently, NHA local coordinating 
entities collaborate with communities to determine how to make 
heritage relevant to local interests and needs. NHAs are a 
grassroots, community-driven approach to heritage conservation 
and economic development. Through public-private partnerships, 
NHA local coordinating entities support historic preservation, 
natural resource conservation, recreation, heritage tourism, 
and educational projects. Leveraging funds and long-term 
support for projects, NHA partnerships seek to foster pride of 
place and an enduring stewardship ethic.
    S. 713 provides for a total authorization of $10 million 
for each NHA with a sunset date for the funding authorization 
of 15 years after the date of enactment. The legislation also 
designates a local coordinating entity for each NHA responsible 
for preparing and submitting a management plan to the Secretary 
of the Interior for review and approval, and for coordinating 
with partners to carry out the programs and projects that 
recognize, protect, and enhance important resource values in 
each of the NHAs.
    Appalachian Forest NHA: The Appalachian Forest NHA is 
comprised of 18 counties--16 in West Virginia and two in 
Maryland--that make up a landscape rich in cultural, natural, 
and historical resources shaped by the geography of the 
forested central Appalachian Mountains and the people who have 
lived there over the centuries. During the late 19th century 
and early 20th century, timber harvesting activities in the 
region helped to foster industrial growth throughout the 
nation. This timber ``boom'' was led by a number of notable 
industrialists in the region and fueled by timber workers who 
were immigrants of European and African-American descent.
    Both historic and modern uses of the forest by residents 
and people from around the nation demonstrate the significant 
impact the landscape has on people and people on the landscape. 
Traditions such as folklife, music, dance, and crafts are 
celebrated and tied directly into the forest land of the 
region. Majestic physical resources provide spectacular scenic 
vistas, recreational resources, and reflect America's core 
central hardwood forest. In addition, a number of significant 
historic sites and resources are in the Heritage Area, as well 
as five national historic landmarks, segments of four National 
Scenic Byways, and one All-American Road.
    The existing Appalachian Forest Heritage Area has 
successfully operated for more than 13 years, demonstrating the 
commitment of a vast number of stakeholders, partners, public 
agencies, local government and communities, and members of the 
forest industry to help maintain this nationally significant 
forest region. S. 713 would establish the Appalachian Forest 
NHA and designate the Appalachian Forest Heritage Area, Inc., 
as the local coordinating entity for the NHA responsible for 
overseeing the development of a management plan.
    Maritime Washington NHA: Western Washington State's 
heritage is shaped by its relationship to the waters of Puget 
Sound, the Straits of Juan de Fuca, and the Pacific Ocean. 
Native communities found a bounty of resources in the waters 
and shorelines of this area. While salmon and sea life provided 
an abundance of sustenance, western red cedar provided the 
material to establish permanent settlements and a maritime 
culture. Canoe culture allowed an extensive trade and social 
network to develop throughout the region, which was reliant on 
these open waterways. The very resources that provided for 
native peoples to thrive also attracted European and American 
explorers and settlers.
    In 1846, following the settlement of the international 
boundary between British North America and the United States 
west of the Rocky Mountains, European American settlements 
began to gain strength. The timber industry spurred these 
settlements and the transformation of the region from a 
backwater to a center of maritime commerce. Pacific Northwest 
ships helped supply the Klondike Gold Rush. Lumber shipped from 
the region helped rebuild San Francisco after the earthquake of 
1906 and was exported throughout the world.
    Shipyards followed soon after a spike in lumber exports. In 
fact, the history of ship building, both civilian and military, 
highlights a major economic activity of the region today. Naval 
activity at Bremerton, Bangor, and Everett provide a vital 
connection to the region's maritime past.
    Today, the region continues to be tied to its saltwater 
heritage both in commerce and recreation. In 2010, the 
Washington State Department of Archeology and Historic 
Preservation undertook a feasibility study of the designation 
of a NHA to preserve and promote this heritage. Designation of 
a NHA and a coordinating organization would allow for the 
significant number of maritime resources (e.g., museums and 
interpretive centers, historic vessels, maritime education 
centers, lighthouses and locks, waterfronts, and public spaces) 
to develop opportunities for visitors.
    Mountains to Sound Greenway NHA: Stretching from the shores 
of Puget Sound to the heart of Washington State, the Mountains 
to Sound Greenway is a mosaic of thriving communities, living 
history, and vast natural lands. With 1.5 million acres of 
rugged mountains, vast forests, high desert, suburban parks and 
gardens, and metropolitan streets, the Greenway encompasses a 
shared heritage of historic towns, healthy ecosystems, 
spectacular alpine wilderness, working farms and forests, and 
extensive outdoor recreation in a region that includes one of 
the major metropolitan areas in the United States.
    Twenty years ago, a coalition of civic leaders and 
community activists came together around the need to preserve 
the Greenway and its natural and historical assets. During 2009 
and 2010, the Mountains to Sound Greenway Trust (Trust) engaged 
stakeholders in discussions about the Greenway and potential 
opportunities for conserving and enhancing a sustainable 
balance into the future. In March 2012, the Trust completed a 
feasibility study on establishing the Mountains to Sound 
Greenway NHA.
    Sacramento-San Joaquin Delta NHA: The Sacramento-San 
Joaquin Delta is formed by the confluence of the Sacramento and 
San Joaquin Rivers, as well as the Mokelumne, Cosumnes, and 
Calaveras Rivers. The resulting inland Delta is the largest 
estuary on America's West Coast. Today, the Delta's diverse 
habitats support a wide variety of plants and animals including 
migrating birds and anadromous fish.
    Native American groups used the Delta prior to the influx 
of fur traders in the 18th and 19th centuries. During the mid-
1800's Gold Rush prospectors recognized the agricultural value 
of the Delta's fertile soils and abundant water. Marshlands 
were converted into agricultural lands, which are still in 
production today. The process of reclamation and the ensuing 
agriculture brought with it a diversity of cultural heritage 
including Chinese, Japanese, Filipinos, East Indians, 
Portuguese, and Italian immigrants who helped develop the 
former marshlands into highly productive agricultural lands. By 
1930, the Delta marshlands had been reclaimed into a network of 
waterways and islands. Approximately 1,000 square miles of 
levees are still in use today to support the agricultural 
industry.
    Recreational opportunities within the Delta include 
boating, wakeboarding, windsurfing, fishing, and bird watching. 
These opportunities attract visitors and provide outdoor 
experiences for people living nearby in the large urban centers 
that surround the area. The Delta area also serves as an 
important infrastructure corridor between northern and central 
California for power, gas, water, roads, and shipping canals.
    In 2009, the California State Legislature charged the Delta 
Protection Commission to develop a proposal to establish State 
and Federal designation of the Delta as a place of special 
significance, including the ability to apply for designation as 
a NHA. As a result, the Delta Protection Commission, along with 
public and private stakeholders, worked together to develop a 
draft feasibility study of the Sacramento-San Joaquin Delta 
NHA. The Feasibility Study for a Sacramento-San Joaquin Delta 
National Heritage Area was completed on July 10, 2012. The 
study supports the inclusion of the Delta Protection Commission 
as the management entity with Technical and Stakeholder 
Advisory Committees to bring diverse perspectives and expertise 
to NHA planning and management.

                          LEGISLATIVE HISTORY

    S. 713 (the Mountains to Sound Greenway National Heritage 
Area Act), S. 401 (the Appalachian Forest National Heritage 
Area Act), S. 627 (the Maritime Washington National Heritage 
Area Act), and S. 731 (the Sacramento-San Joaquin Delta 
National Heritage Area Establishment Act) were introduced 
individually.
    S. 713 was introduced by Senators Cantwell and Murray on 
March 23, 2017. A related bill, H.R. 1791 was introduced by 
Representatives Reichert and Adam Smith on March 29, 2017.
    S. 401 was introduced by Senators Manchin, Capito, Cardin, 
and Van Hollen on February 15, 2017.
    S. 627 was introduced by Senator Cantwell on March 14, 
2017. A related bill, H.R. 1513 was introduced by 
Representatives Kilmer and Denny on March 13, 2017.
    S. 731 was introduced by Senators Feinstein and Harris on 
March 27, 2017. An identical bill, H.R. 1738 was introduced by 
Representatives Garamendi, DeSaulnier, and McNerney on March 
27, 2017.
    In the 114th Congress, similar legislation was introduced. 
S. 630, the Sacramento-San Joaquin Delta National Heritage Area 
Establishment Act, was introduced by Senators Feinstein and 
Boxer on March 3, 2015. The Subcommittee on National Parks held 
a hearing on the measure on June 15, 2016. An identical bill, 
H.R. 1208, was introduced by Representative Garamendi, 
DeSaulnier, Matsui, McNerney, and Thompson on March 3, 2015.
    S. 1623, the Maritime Washington National Heritage Area Act 
of 2016, was introduced by Senators Cantwell and Murray on June 
18, 2015. The Subcommittee on National Parks held a hearing on 
the measure on June 15, 2016. The Committee on Energy and 
Natural Resources met in open business session on July 13, 
2016, and ordered S. 1623 favorably reported as amended (S. 
Rept. 114-310). An identical bill, H.R. 2833, was introduced by 
Representatives Kilmer and Denny on June 18, 2015.
    S. 1690, the Mountains to Sound Greenway National Heritage 
Area Act, was introduced by Senators Cantwell and Murray on 
June 25, 2015. The Subcommittee on National Parks held a 
hearing on the measure on June 15, 2016. The Committee on 
Energy and Natural Resources met in open business session on 
July 13, 2016, and ordered S. 1690 favorably reported as 
amended (S. Rept. 114-317). A related bill, H.R. 2900, was 
introduced by Representatives Reichert, DelBene, McDermott, and 
Smith on June 25, 2015.
    S. 3167, the Appalachian Forest National Heritage Area Act 
of 2016, was introduced by Senators Manchin, Capito, Cardin, 
and Mikulski on July 12, 2016. The Energy and Natural Resources 
Committee held a hearing on S. 3167 on September 22, 2016. A 
related bill, H.R. 693, was introduced by Representatives 
McKinley, Delaney, Jenkins, and Mooney on February 3, 2015.
    In the 113th Congress, Senators Cantwell and Murray 
introduced related legislation, S. 2602, on July 15, 2014. The 
Subcommittee on National Parks held a hearing on the bill on 
July 23, 2014 (S. Hrg. 113-493). The Committee on Energy and 
Natural Resources met in open business session on November 13, 
2014, and ordered S. 2602 favorably reported as amended (S. 
Rept. 113-300).
    The Committee on Energy and Natural Resources met in open 
business session on March 30, 2017, and ordered S. 713 
favorably reported as amended.

                        COMMITTEE RECOMMENDATION

    The Senate Committee on Energy and Natural Resources, in 
open business session on March 30, 2017, by a majority voice 
vote of a quorum present, recommends that the Senate pass S. 
713, if amended as described herein.

                          COMMITTEE AMENDMENTS

    During its consideration of S. 713, the Committee on Energy 
and Natural Resources adopted an amendment in the nature of a 
substitute to establish four new NHAs, and a title amendment. 
These amendments are further described in the section-by-
section analysis.

                      SECTION-BY-SECTION ANALYSIS

Section 1. Short title

    Section 1 contains the short title.

Section 2. Definition of Secretary

    Section 2 defines the term ``Secretary'' to mean the 
Secretary of the Interior.

Section 3. National heritage area designations

    Section 3 designates four national heritage areas:
    Paragraph (1) establishes the Appalachian Forest NHAs 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; identifies the 
local coordinating entity; and establishes its structure and 
responsibilities.
    Paragraph (2) establishes the Maritime Washington NHA in 
the State of Washington, as depicted on the map entitled 
``Maritime Washington National Heritage Area Proposed 
Boundary,'' numbered 584/125,484, and dated August, 2014, and 
identifies the local coordinating entity.
    Paragraph (3) establishes the Mountains to Sound Greenway 
NHA in the State of Washington, as depicted on the map entitled 
``Mountains to Sound Greenway National Heritage Area Proposed 
Boundary,'' numbered 584/125,483, and dated August, 2014; 
identifies the local coordinating entity; and defines 
references to ``Indian tribe'' and ``tribal'' within the 
legislation as pertaining to the Mountains to Sound Greenway 
NHA.
    Paragraph (4) establishes the Sacramento-San Joaquin NHA in 
the State of California; references the map entitled 
``Sacramento-San Joaquin Delta National Heritage Area Proposed 
Boundary,'' numbered T27/105,030, and dated October 2012; and 
identifies the local coordinating entity.

Section 4. Administration

    Section 4(a) permits the Secretary, through the local 
coordinating entity, to enter into cooperative agreements and 
make grants to the State or political subdivision of the State, 
nonprofit organizations, and other persons; hire and compensate 
staff considered as subject matter experts on historical 
protection and heritage programming; accept money or services 
provided under any other Federal law or program; enter into 
contracts for goods or services; and serve as a catalyst for 
any other activity that furthers the purposes of the NHA and is 
consistent with the management plan.
    Subsection (b) requires the local coordinating entity to, 
in accordance with section 5, prepare and submit a management 
plan for the national heritage area to the Secretary and assist 
Federal, State, tribal, and other stakeholders in carrying out 
the approved management plan. As such, the local coordinating 
entity must carry out programs and projects that recognize, 
protect, and enhance important resources values in the national 
heritage area; establish and maintain interpretive exhibits and 
programs; develop recreational and educational opportunities; 
increase public awareness and appreciation for the site; 
protect and restore historic sites and buildings in the 
heritage area that are consistent with area themes; ensure 
clear, consistent, and appropriate signage is posted throughout 
the area; and promote a wide range of partnerships in support 
of the heritage area. In addition, the local coordinating 
entity must conduct meetings open to the public at least 
semiannually regarding the development and implementation of 
the management plan, and submit an annual report to the 
Secretary describing the activities, expenses, and income of 
the entity (including grants) for any year that Federal funds 
have been received under this section. The local coordinating 
entity must make an audit available to the Secretary relating 
to the expenditure of funds and any matching funds received. 
The local coordinating entity shall not use Federal funds made 
available under section 9 to acquire real property or any 
interest in real property.

Section 5. Management plan

    Section 5(a) instructs the local coordinating entity to 
submit to the Secretary for approval a proposed management plan 
for the NHA no later than three years after the date of 
enactment of this Act.
    Subsection (b) identifies requirements of the management 
plan to be implemented by the local coordinating entity to 
include: an integrated and cooperative approach for protection 
and interpretation of the natural, cultural, historic, scenic, 
and recreational resources of the NHA; take into consideration 
State and local plans, such as inventories of property 
resources, related themes, and significance of the property; 
and produce comprehensive policies, strategies, and 
recommendations for funding and management of the NHA. In 
addition, the local coordinating entity develops actions that 
government, private organizations, and individuals agree to 
take to protect and manage the NHA. The entity is directed to 
develop, as a component of the management plan: a description 
of actions to facilitate collaboration to promote resource 
protection, specific commitments for implementation by the 
coordinating entity for the first five years of operation, the 
identification of funding sources, analysis and recommendations 
for the role of all partners and stakeholders in carrying out 
the management plan, and an interpretive plan for the heritage 
area.
    Subsection (c) establishes a deadline of three years after 
date of enactment of this Act for the local coordinating entity 
to provide proposed management plan to Secretary in order to be 
eligible for additional funding under the Act.
    Subsection (d) directs the Secretary to approve or 
disapprove the management plan no later than 180 days after 
receipt from the local coordinating entity. In consultation 
with the State, the Secretary shall apply criteria for approval 
based on whether or not local coordinating entity engaged 
diverse interests of the NHA through adequate opportunity for 
public involvement, and that suitable protection of the NHA can 
be fulfilled. If the Secretary disapproves the plan, the local 
coordinating entity will be advised in writing, with 
recommendations for revision of the management plan, and the 
Secretary will review revised management plan no later than 180 
days after receipt of proposed revisions. The Secretary has the 
discretion to approve or disapprove amendments to the 
management plan that make a substantial change to the plan, and 
will also only allow the local coordinating entity to use 
Federal funds to carry out any amendments to the plan after 
approval of the amendments are granted.

Section 6. Relationship to other Federal agencies

    Section 6(a) states that the authority of a Federal agency 
to provide technical or financial assistance under any other 
law has no impact on this Act.
    Subsection (b) requires the head of any Federal agency to 
consult and coordinate with the Secretary and local 
coordinating entity in planning activities that may have an 
impact on the NHA.
    Subsection (c) affirms that any law or regulation 
authorizing a Federal agency to manage or use Federal land 
under the jurisdiction of the Federal agency is not modified, 
altered, or amended by this Act; additionally, nothing in the 
act limits the discretion of a Federal land manager to 
implement an approved land use plan within the boundaries of a 
NHA.

Section 7. Private property and regulatory protections

    Section 7 specifies that property owners are not required 
to permit public access to their property; modify use or public 
access of property under any Federal, State, or local law; 
alter any duly adopted land use regulation, use plan, or 
regulatory authority; transfer any land use or regulatory 
authority to the local coordinating entity; authorize the 
reservation of water or water rights; modify, diminish, or 
extinguish the reserved treaty rights of any Indian tribe 
within the NHA; affect the jurisdiction of the State to manage 
fishing and hunting within the NHA; or held to be liable to any 
person injured on private property.

Section 8. Evaluation and report

    Section 8(a) requires the Secretary to conduct an 
evaluation and prepare a report of the accomplishments of the 
NHA not later than three years before the termination date of 
Federal funding.
    Subsection (b) makes clear that the evaluation should 
include a review of the management and partnership structure 
for sustaining the NHA; a progress assessment of the local 
coordinating entity measuring goals and objectives of the 
management plan; an analysis of investments including funding 
made by Federal, State, tribal, and local government and 
private entities; and the impact of these investments on the 
NHA.
    Subsection (c) requires the Secretary to submit a report to 
the Committee on Energy and Natural Resources of the Senate and 
the Committee on Natural Resources of the House of 
Representatives that describes the findings and conclusions of 
the evaluation along with recommendations for the future role 
of the National Park Service (NPS) with respect to the NHA.

Section 9. Authorization of appropriations

    Section 9(a) authorizes $10 million to be appropriated for 
each NHA designated in section 3, of which not more than $1 
million may be authorized to be appropriated for any fiscal 
year to carry out the bill.
    Subsection (b) denotes that amounts made available shall 
remain available until expended.
    Subsection (c) requires not more than a 50 percent share of 
non-Federal funding or in-kind contributions of goods or 
services for any activity under the Act.
    Subsection (d) specifies the authority of the Secretary to 
provide assistance for this Act terminates 15 years after the 
bill is enacted.

                   COST AND BUDGETARY CONSIDERATIONS

    The following estimate of the costs of this measure has 
been provided by the Congressional Budget Office.
    S. 713 would designate the following geographic regions as 
national heritage areas (NHAs) in their respective states:
           The Appalachian Forest area in West Virginia 
        and Maryland,
           The Maritime Washington area in Washington,
           The Mountains to Sound Greenway area in 
        Washington, and
           The Sacramento-San Joaquin Delta area in 
        California.
    The proposed NHAs would not become units of the National 
Park System. The bill would direct the National Park Service 
(NPS) to select a local entity to develop a plan to manage 
lands within each of the proposed heritage areas, subject to 
the agency's approval. Finally, the legislation would authorize 
the appropriation of $40 million, in total, over a 15-year 
period for the agency's oversight costs and for assistance to 
the local entities that will manage the areas.
    Based on information from the NPS on the costs of 
overseeing existing heritage areas, CBO expects that the agency 
would spend the authorized amounts over the next 10 years 
(about $1 million annually for each NHA) to review each area's 
proposed management plan, provide technical and financial 
assistance to the local management entity, and to carry out 
other routine activities related to overseeing the proposed 
areas. Thus, CBO estimates that implementing S. 713 would cost 
about $20 million over the 2018 2022 period and an additional 
$20 million after 2022, assuming appropriation of the 
authorized amounts.
    Enacting the legislation would not affect direct spending 
or revenues; therefore, pay-as-you-go procedures do not apply.
    CBO estimates that enacting S. 713 would not increase net 
direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2028.
    S. 713 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments.
    The CBO staff contact for this estimate is Jon Sperl. The 
estimate was approved by H. Samuel Papenfuss, Deputy Assistant 
Director for Budget Analysis.

                      REGULATORY IMPACT EVALUATION

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 713. The bill is not a regulatory measure in 
the sense of imposing Government-established standards or 
significant economic responsibilities on private individuals 
and businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of S. 713, as ordered reported.

                   CONGRESSIONALLY DIRECTED SPENDING

    S. 713, as ordered reported, does not contain any 
congressionally directed spending items, limited tax benefits, 
or limited tariff benefits as defined in rule XLIV of the 
Standing Rules of the Senate.

                        EXECUTIVE COMMUNICATIONS

    Because S. 713 is similar to legislation considered by the 
Committee in the 114th Congress, the Committee did not request 
Executive Agency views. The testimony provided by the NPS at 
the hearing before the Subcommittee on National Parks on June 
15, 2016, and September 22, 2016, follows:

   Statement of Dr. Stephanie Toothman, Associate Director, Cultural 
Resources, Partnerships, and Science, National Park Service, Department 
                            of the Interior.

    Mr. Chairman, thank you for the opportunity to present the 
Department of the Interior's views on S. 630, a bill to 
establish the Sacramento-San Joaquin Delta National Heritage 
Area.
    The Department supports enactment of S. 630 as the proposed 
Sacramento-San Joaquin Delta National Heritage Area has been 
found to meet the National Park Service's interim criteria for 
designation as a national heritage area.
    However, along with designating any new national heritage 
areas, the Department recommends that Congress pass national 
heritage area program legislation. There are currently 49 
designated national heritage areas, yet there is no authority 
in law that guides the designation and administration of these 
areas. Program legislation that establishes criteria to 
evaluate potentially qualified national heritage areas and a 
process for the designation, funding, and administration of 
these areas would provide a much-needed framework for 
evaluating proposed national heritage areas. It would offer 
guidelines for successful planning and management, clarify the 
roles and responsibilities of all parties, and standardize 
timeframes and funding for designated areas. The Department 
also notes that newly-authorized national heritage areas will 
compete for limited resources in the Heritage Partnership 
Program. The President's FY17 Budget proposes $9.4 million for 
the current 49 areas. The authorization of additional national 
heritage areas will leave less funding for each individual 
national heritage area.
    The Feasibility Study for a Sacramento-San Joaquin Delta 
National Heritage Area was completed and published by the Delta 
Protection Commission in July 2012. The Delta Protection 
Commission is identified as the Heritage Area's local 
coordinating entity. The proposed national heritage area will 
cover the counties of Contra Costa, Sacramento, San Joaquin, 
Solano, and Yolo, in the State of California.
    The Sacramento-San Joaquin Delta is the largest estuary on 
the West Coast of the Americas, a rare inland/inverse Delta at 
the confluence of the Sacramento and San Joaquin Rivers. The 
delta was formed after the last ice age 10,000 years ago, when 
a rapid rise in sea level inundated the alluvial valley of the 
Sacramento River.
    Native Americans lived among the extensive freshwater and 
brackish marshes, oak woodland, savannah, chaparral, and 
riparian habitat rich with wildlife. Early fur traders such as 
Jedediah Smith trekked into the region in search of otter, mink 
and beaver. Then, gold seekers on their way from San Francisco 
to the gold fields in the Sierra Nevada recognized the 
fertility of the delta's soils. Beginning in the 1880s, using 
Chinese, Japanese, Filipino, East Indian, Portuguese and 
Italian laborers, one of the largest reclamation projects in 
the United States converted the vast swamps into the leveed 
landscape that characterizes the delta today.
    The Sacramento-San Joaquin Delta is the lynchpin of a huge 
watershed that links San Francisco Bay and the Pacific Ocean to 
waterways flowing from the Cascade, Coastal and Sierra Nevada 
mountain ranges. After more than a century and a half of 
reclamation and development, the delta still supports over one 
hundred crop types, and hundreds of species of flora and fauna. 
It is a key stopover on the Pacific Flyway. While its quiet 
waterways and historic towns are untapped recreational and 
tourism attractions for large adjacent populations in the San 
Francisco Bay Area and the Central Valley, the delta supplies 
irrigation and drinking water to far away California farmers 
and households, and is at the heart of statewide water 
conflicts.
    The Sacramento-San Joaquin Delta is a hidden gem of a 
region located at a key geographic and historic crossroads in 
our country. It is a land of ethnic diversity, innovation, 
industry, enduring history, and both fragile and robust 
physical features. Artists such as Jack London and Joan Didion 
have written about the delta as both a place and an idea.
    The mission of the proposed Sacramento-San Joaquin Delta 
National Heritage Area is to recognize, enhance and promote the 
theme `Delta as Place' to help cultivate appreciation and 
understanding of the Delta's heritage, and to build support and 
economic activity around its preservation and enhancement. The 
Delta Protection Commission has conducted a Delta Narratives 
project in collaboration with regional academic and cultural 
institutions to communicate the region's historic and cultural 
importance. A cultural resources inventory and planning for the 
Great Delta Trail are underway. Agri-tourism businesses--
markets, farm stays, wineries--increasingly showcase and share 
the region's agricultural traditions.
    Through the work of such partnerships in a Sacramento-San 
Joaquin National Heritage Area, the Delta Protection Commission 
has significant potential to engage the broader community in 
protecting, enhancing, and enjoying the heritage values of the 
Sacramento-San Joaquin Delta region well into the future.
    Mr. Chairman, this concludes my prepared remarks. I would 
be happy to answer any questions you or any other members of 
the subcommittees may have.

   Statement of Dr. Stephanie Toothman, Associate Director Cultural 
Resources, Partnerships, and Science, National Park Service, Department 
                            of the Interior.

    Mr. Chairman, thank you for the opportunity to present the 
Department of the Interior's views on S. 1623, a bill to 
establish the Maritime Washington National Heritage Area in the 
State of Washington.
    The Department supports the enactment of S. 1623, as the 
proposed Maritime Washington National Heritage Area has been 
found to meet the National Park Service's interim criteria for 
designation as a national heritage area.
    However, along with designating any new national heritage 
areas, the Department recommends that Congress pass national 
heritage area program legislation. There are currently 49 
designated national heritage areas, yet there is no authority 
in law that guides the designation and administration of these 
areas. Program legislation that establishes criteria to 
evaluate potentially qualified National heritage areas and a 
process for the designation, funding, and administration of 
these areas would provide a much-needed framework for 
evaluating proposed national heritage areas. It would offer 
guidelines for successful planning and management, clarify the 
roles and responsibilities of all parties, and standardize 
timeframes and funding for designated areas. The Department 
also notes that newly-authorized national heritage areas will 
compete for limited resources in the Heritage Partnership 
Program. The President's FY17 Budget proposes $9.4 million for 
the current 49 areas. The authorization of additional national 
heritage areas will leave less funding for each individual 
national heritage area.
    The proposed area includes land that is as located within 
one-quarter mile landward of the shoreline in the counties of 
Whatcom, Skagit, Snohomish, San Juan, Island, King, Pierce, 
Thurston, Mason, Kitsap, Jefferson, Clallam, and Grays Harbor, 
approximately 3,000 linear miles of a ``Salt Water Coast.'' The 
proposed local coordinating entity for the Maritime Washington 
National Heritage Area would be the Washington Trust for 
Historic Preservation. A Feasibility Study for a Washington 
State National Maritime Heritage Area was completed by the 
Washington Department of Archaeology and Historic Preservation 
in April 2010. The National Park Service conducted a review of 
the study for consistency with the interim National Heritage 
Area Feasibility Study Guidelines, and with a subsequent 
revised Statement of Importance and boundary justification 
submitted March 5, 2012, and found that the area meets these 
criteria for national heritage area designation. The Washington 
Trust for Historic Preservation was informed of this decision 
in a letter on June 5, 2012.
    The proposed Maritime Washington National Heritage Area 
stretches from northern ports in Bellingham and Blaine to the 
protected harbors of Aberdeen and Hoquiam. The landscape tells 
the stories of a rich Native American civilization, development 
of the farthest territorial corner of the United States, of 
gold rushers and shipbuilders, and of a gateway to Alaska, Asia 
and the seaports of the world.
    Living between steep glacier-clad mountain ranges and a 
temperate saltwater shoreline, native people built a complex 
culture around canoe routes and salmon cycles. By the late 18th 
century, the region was being mapped and named by Spanish, 
English, and Russian explorers in the interest of science and 
the pursuit of colonial empire. After the 49th parallel was 
established as the nation's northern border in 1846, this new 
corner of the country entered a dramatic period of social, 
political and military development. The vast conifer forests 
were easily accessible for timber production, and the coastal 
geography made possible its transportation to the developing 
American west. The timber trade and abundant marine resources, 
especially salmon, of the San Juan de Fuca straight, the Puget 
Sound and the Pacific Ocean attracted American, European and 
Pan-Asian settlers who provided the labor for thriving port 
economies in Port Angeles, Port Townsend, and Port Gamble.
    At the heart of the heritage area is the greater Puget 
Sound, a system of interconnected marine waterways, harbors, 
bays and inlets that wet the shores of the San Juan Archipelago 
and the many waterfront towns, cities, and ports that have 
grown up here over time. The naval facilities on Puget Sound 
have built and repaired vessels in our fleet for over a 
century. Even today the region relies on the country's largest 
marine highway system--its famous ferries--for day-to-day 
transportation.
    These stories are represented in the traditional Native 
American sites, lumber towns, logging mills, salmon processing 
plants, historic ships, lighthouses, museums and the host of 
other maritime-related sites, scenes, and traditions that 
comprise the proposed Maritime Washington National Heritage 
Area. Under the leadership of the Washington Trust for Historic 
Preservation, the heritage area would encourage and support the 
work of the many organizations committed to the recognition, 
preservation and continued economic, recreational and 
educational use of this unique and vital region and its 
resources.
    Mr. Chairman, this concludes my testimony. I would be happy 
to answer any questions you or any other members of the 
subcommittee may have.

   Statement of Dr. Stephanie Toothman, Associate Director, Cultural 
Resources, Partnerships, and Science, National Park Service, Department 
                            of the Interior

    Mr. Chairman, thank you for the opportunity to present the 
Department of the Interior's views on S. 1690, a bill to 
establish the Mountains to Sound Greenway National Heritage 
Area in the State of Washington.
    The Department supports enactment of S. 1690 as the 
proposed Mountains to Sound Greenway National Heritage Area has 
been found to meet the National Park Service's interim criteria 
for designation as a national heritage area.
    However, along with designating any new national heritage 
areas, the Department recommends that Congress pass national 
heritage area program legislation. There are currently 49 
designated national heritage areas, yet there is no authority 
in law that guides the designation and administration of these 
areas. Program legislation that establishes criteria to 
evaluate potentially qualified national heritage areas and a 
process for the designation, funding, and administration of 
these areas would provide a much-needed framework for 
evaluating proposed national heritage areas. It would offer 
guidelines for successful planning and management, clarifying 
the roles and responsibilities of all parties, and standardize 
timeframes and funding for designated areas. The Department 
also notes that newly-authorized national heritage areas will 
compete for limited resources in the Heritage Partnership 
Program. The President's FY17 Budget proposes $9.4 million for 
the current 49 areas. The authorization of additional national 
heritage areas will leave less funding for each individual 
national heritage area.
    The Mountains to Sound Greenway National Heritage Area 
would include lands within King and Kittitas Counties 
stretching from Snoqualmie Pass to Seattle. The proposed local 
coordinating entity would be the nonprofit corporation 
Mountains to Sound Greenway Trust.
    Initially, NPS review of the Mountains to Sound Greenway 
National Heritage Area Feasibility Study completed by the 
Mountains to Sound Greenway Trust (Trust) in March 2012, found 
that the study did not meet the NPS Interim National Heritage 
Area Feasibility Study Guidelines. In a subsequent May 27, 
2014, Addendum the Trust provided a revised statement of 
national importance; themes and a list of associated resources; 
a summary of traditions, customs, beliefs and folk life; and a 
boundary justification.
    The proposed Mountains to Sound Greenway National Heritage 
Area is important for its association with the expansion of our 
national transportation system and creation of our modern 
timber industry. It tells the story of how the Northern Pacific 
and Milwaukee railroads, and later the Sunset Highway and 
Interstate 90, created the final section of an historic 
transportation corridor that wove the Northwest into the 
nation's fabric, opened up trade between the United States and 
Asia, and led to development of the industrial timber practices 
in use today.
    Although by 1850 the Puget Sound area was part of the 
United States, the Cascade Range isolated this region with its 
abundant natural resources and sheltered deep-water ports from 
the rest of the nation. In 1864, the Northern Pacific Railroad 
was chartered by President Lincoln. Constructed along a Native 
American pathway through the nearly impassible Snoqualmie Pass, 
it reached Seattle 20 years later. This railroad connection 
from the Eastern seaboard and the Great Lakes to the western 
most reaches of the continental United States reinforced the 
newly drawn American-Canadian border. The city of Seattle grew 
into a booming hub for shipbuilding and trade of foreign goods 
and the region's own wealth of natural resources, opening the 
country's first trade routes on the Pacific Rim. Rail towns 
sprung up along the main lines, mill and coal towns on the 
spurs, while piers stretched into Puget Sound, attracting 
immigrant workers whose descendants live in the region today.
    The Milwaukee Road crossed the Cascades in the early 1900s, 
pioneering tunneling and electrification techniques that 
allowed the high speed electric trains to carry Japanese silk, 
the nation's most precious rail commodity after gold and silver 
bullion, to New York. But the Milwaukee Road made its money 
carrying passengers to ski, hike and climb at Snoqualmie Pass. 
The conservation ethic that developed in the region from 
enjoyment of the region's natural beauty is strongly held 
today.
    Washington's modern economy has developed directly from the 
Northern Pacific Land Grant used to build the railroad. In 
place of public financing, the railroad received the largest 
federal land grant in American history--40 million acres--every 
other square mile of land in a checkerboard pattern up to forty 
miles on either side of the right-of-way. This consolidated 
ownership, along with the steam technology brought by the 
railroad, created the booming timber industry that helped 
rebuild San Francisco after the 1906 earthquake and fueled 
shipbuilding in World War I. Airplanes entering large-scale 
military production for the first time were built from the 
region's prized spruce. Demand for this aircraft led William 
Boeing in 1916 to found a company that supplies the nation's 
air transportation industry today.
    Plantation forestry, involving sustained-yield harvest and 
reforestation, now the industry standard across much of the 
country, was invented in this region in the 1930's. William 
Weyerhauser, having amassed one-and-a-half million acres of 
Washington timberland, established the first seedling industry 
at Snoqualmie Falls, rolled out his ``Timber is a Crop!'' 
public relations campaign, and began to manage timber across 
multiple harvests, a radical idea at the time.
    The cultural heritage of the Mountains to Sound Greenway 
National Heritage Area is alive in the ethnic diversity of the 
region's population and its traditions, customs and 
celebrations, and in the museums, festivals, historic sites and 
interpretive trails that both residents and visitors enjoy 
today. The proposed heritage area boundaries pragmatically 
follow modern-day political and land-management structures, a 
formula for long-term success as communities and their partners 
seek to manage, enhance, and interpret resources across this 
landscape.
    Mr. Chairman, this concludes my testimony. I would be happy 
to answer any questions you or any other members of the 
subcommittee may have.

  Statement for the Record, National Park Service, Department of the 
                                Interior

    Thank you for the opportunity to present the Department of 
the Interior's views on S. 3167, a bill to establish the 
Appalachian Forest National Heritage Area, and for other 
purposes.
    The Department supports enactment of S. 3167, as the 
proposed Appalachian Forest National Heritage Area has been 
found to meet the National Park Service's interim criteria for 
designation as a national heritage area.
    However, along with designating any new national heritage 
areas, the Department recommends that Congress pass national 
heritage area program legislation. There are currently 49 
designated national heritage areas, yet there is no authority 
in law that guides the designation and administration of these 
areas. Program legislation that establishes criteria to 
evaluate potentially qualified national heritage areas and a 
process for the designation, funding, and administration of 
these areas would provide a much-needed framework for 
evaluating proposed national heritage areas. It would offer 
guidelines for successful planning and management, clarifying 
the roles and responsibilities of all parties, and standardize 
timeframes and funding for designated areas. The Department 
also notes that newly-authorized national heritage areas will 
compete for limited resources in the Heritage Partnership 
Program. The President's FY17 Budget proposes $9.4 million for 
the current 49 areas. The authorization of additional national 
heritage areas will leave less funding for each individual 
national heritage area.
    S. 3167 would establish the Appalachian Forest National 
Heritage Area encompassing 16 counties in northeastern West 
Virginia and two counties in western Maryland, a region that 
has a rich history of human activity shaped by the geography of 
the forested central Appalachian Mountains. The proposed local 
coordinating entity would be the Appalachian Forest Heritage 
Area, Inc., a non-profit organization that currently 
coordinates forest-related heritage tourism activities in this 
region. The provisions in this bill are similar to provisions 
in most of the other national heritage area designation bills 
that have been enacted in recent years, including a total 
authorization of $10 million and a sunset date for the 
authorization of funding 15 years after the date of enactment.
    The Appalachian Forest Heritage Area, Inc. prepared a 
feasibility study for designation of the area as a national 
heritage area several years ago. The National Park Service 
(NPS) reviewed the study and found that it met the NPS interim 
criteria contained in National Heritage Area Feasibility Study 
Guidelines. The Appalachian Forest Heritage Area, Inc. was 
informed of this finding in a letter dated August 16, 2007.
    The area encompassed by the proposed national heritage area 
is a significant part of the central Appalachian highlands that 
has a long history of timber harvesting, forest management, and 
the production of forest products. The forests provided 
resources for industrial expansion in the late 19th and early 
20th Centuries, but large portions of the forests have regrown. 
Areas within the proposed national heritage area include the 
Monongahela National Forest, portions of the George Washington 
National Forest, the Canaan Valley National Wildlife Refuge, 
and the Seneca Rocks-Spruce Knob National Recreation Area, 
along with a large number of state forests and parks and areas 
protected by nonprofit conservation organizations. The 
extensive hardwood forests and undeveloped rural character of 
the area provide scenic vistas and opportunities for nature 
observation and outdoor recreation.
    There are also numerous historic and cultural resources 
within the area, such as sites from the logging era and 
Civilian Conservation Corps structures. It is a place well-
suited to demonstrate the connection between forest and forest 
products, and the folklife, music, dance, crafts, and 
traditions of central Appalachia. Designation as a national 
heritage area would help the region realize the full potential 
of the cultural, natural, historic, and recreational resources 
of the region.

                        CHANGES IN EXISTING LAW

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee notes that no 
changes in existing law are made by the bill as ordered 
reported.

                                  [all]
```