II 

110TH CONGRESS 

1ST SESSION S. 827 

To establish the Freedom’s Way National Heritage Area in the States of 

Massachusetts and New Hampshire, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 8, 2007 

Mr. KERRY introduced the following bill; which was read twice and referred 

to the Committee on Energy and Natural Resources 

A BILL 

To establish the Freedom’s Way National Heritage Area 

in the States of Massachusetts and New Hampshire, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Freedom’s Way Na5 tional Heritage Area Act’’. 

6 SEC. 2. FINDINGS AND PURPOSES. 

7 (a) FINDINGS.—Congress finds as follows: 

8 (1) The cultural and natural legacies of an area 

9 encompassing 37 communities in Massachusetts and 

10 8 communities in New Hampshire have made imporVerDate Aug 31 2005 23:14 Mar 10, 2007 Jkt 059196 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S827.IS S827

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1 tant and distinctive contributions to the national 

2 character of America. 

3 (2) Recognizing and protecting those legacies 

4 will help sustain the quality of life in the future. 

5 (3) Significant legacies of the area include— 

6 (A) the early settlement of the United 

7 States and the early evolution of democratic 

8 forms of government; 

9 (B) the development of intellectual tradi10 tions of the philosophies of freedom, democracy, 

11 and conservation; 

12 (C) the evolution of social ideas and reli13 gious freedom; 

14 (D) the role of immigrants and industry in 

15 contributing to ethnic diversity; 

16 (E) Native American and African Amer17 ican resources; and 

18 (F) the role of innovation and invention in 

19 cottage industries. 

20 (4) The communities in the area know the value 

21 of the legacies but need a cooperative framework 

22 and technical assistance to achieve important goals 

23 by working together. 

24 (5) There is a Federal interest in supporting 

25 the development of a regional framework to assist 


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1 the States, local governments, local organizations, 

2 and other persons in the region with conserving, pro3 tecting, and bringing recognition to the heritage of 

4 the area for the educational and recreational benefit 

5 of future generations of Americans. 

6 (6) Significant examples of the area’s resources 

7 include— 

8 (A) Walden Pond State Reservation in 

9 Concord, Massachusetts; 

10 (B) Minute Man National Historical Park 

11 in the State of Massachusetts; 

12 (C) Shaker Villages in Shirley and Har13 vard in the State of Massachusetts; 

14 (D) Wachusett Mountain State Reserva15 tion, Fitchburg Art Museum, and Barrett 

16 House in New Ipswich, New Hampshire; and 

17 (E) Beaver Brook Farms and Lost City of 

18 Monson in Hollis, New Hampshire. 

19 (7) The study entitled ‘‘Freedom’s Way Herit20 age Area Feasibility Study’’, prepared by the Free21 dom’s Way Heritage Association, Inc., and the Mas22 sachusetts Department of Environmental Manage23 ment, demonstrates that there are sufficient nation24 ally distinctive historical resources necessary to es25 tablish the Freedom’s Way National Heritage Area. 


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1 (8) The Freedom’s Way Heritage Association, 

2 Inc., should oversee the development of the Free3 dom’s Way National Heritage Area. 

4 (b) PURPOSES.—The purposes of this Act are— 

5 (1) to foster a close working relationship be6 tween the Secretary and all levels of government, the 

7 private sector, and local communities in the States 

8 of Massachusetts and New Hampshire; 

9 (2) to assist the entities referred to in para10 graph (1) in preserving the special historic identity 

11 of the Heritage Area; and 

12 (3) to manage, preserve, protect, and interpret 

13 the cultural, historical, and natural resources of the 

14 Heritage Area for the educational and inspirational 

15 benefit of future generations. 

16 SEC. 3. DEFINITIONS. 

17 In this Act: 

18 (1) HERITAGE AREA.—The term ‘‘Heritage 

19 Area’’ means the Freedom’s Way National Heritage 

20 Area established by section 4(a). 

21 (2) MANAGEMENT ENTITY.—The term ‘‘man22 agement entity’’ means the management entity for 

23 the Heritage Area designated by section 4(d). 


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1 (3) MANAGEMENT PLAN.—The term ‘‘manage2 ment plan’’ means the management plan for the 

3 Heritage Area developed under section 5. 

4 (4) MAP.—The term ‘‘Map’’ means the map en5 titled ‘‘lllllllllllll’’, numbered 

6 llllllllllllll and dated 

7 lllllllll. 

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

9 the Secretary of the Interior. 

10 SEC. 4. FREEDOM’S WAY NATIONAL HERITAGE AREA. 

11 (a) ESTABLISHMENT.—There is established the Free12 dom’s Way National Heritage Area in the States of Mas13 sachusetts and New Hampshire. 

14 (b) BOUNDARIES.— 

15 (1) IN GENERAL.—The Heritage Area shall 

16 consist of the land within the boundaries of the Her17 itage Area, as depicted on the Map. 

18 (2) REVISION.—The boundaries of the Heritage 

19 Area may be revised if the revision is— 

20 (A) proposed in the management plan; 

21 (B) approved by the Secretary in accord22 ance with section 5(c); and 

23 (C) placed on file in accordance with sub24 section (c). 

25 (c) MAP AND LEGAL DESCRIPTION.— 


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1 (1) IN GENERAL.—As soon as practicable after 

2 the date of the enactment of this Act, the Secretary 

3 shall publish in the Federal Register a legal descrip4 tion of the Heritage Area. 

5 (2) AVAILABILITY.—The Map shall be on file 

6 and available for public inspection in the appropriate 

7 offices of the National Park Service. 

8 (d) MANAGEMENT ENTITY.—The Freedom’s Way 

9 Heritage Association, Inc. shall serve as the management 

10 entity for the Heritage Area. 

11 SEC. 5. MANAGEMENT PLAN. 

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

13 date of the enactment of this Act, the management entity 

14 shall develop and submit to the Secretary for approval a 

15 management plan for the Heritage Area that presents 

16 comprehensive recommendations and strategies for the 

17 conservation, funding, management, and development of 

18 the Heritage Area. 

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

20 (1) take into consideration and coordinate Fed21 eral, State, and local plans to present a unified his22 toric preservation and interpretation plan; 

23 (2) involve residents, public agencies, and pri24 vate organizations in the Heritage Area; 


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1 (3) describe actions that units of government 

2 and private organizations recommend for the protec3 tion of the resources of the Heritage Area; 

4 (4) identify existing and potential sources of 

5 Federal and non-Federal funding for the conserva6 tion, management, and development of the Heritage 

7 Area; and 

8 (5) include— 

9 (A) an inventory of the cultural, historic, 

10 natural, or recreational resources contained in 

11 the Heritage Area, including a list of property 

12 that— 

13 (i) is related to the themes of the 

14 Heritage Area; and 

15 (ii) should be conserved, restored, 

16 managed, developed, or maintained; 

17 (B) a recommendation of policies for re18 source management and protection that— 

19 (i) apply appropriate land and water 

20 management techniques; 

21 (ii) develop intergovernmental cooper22 ative agreements to manage and protect 

23 the cultural, historic, and natural resources 

24 and recreation opportunities of the Herit25 age Area; and 


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1 (iii) support economic revitalization 

2 efforts; 

3 (C) a program of strategies and actions to 

4 implement the management plan that— 

5 (i) identifies the roles of agencies and 

6 organizations that are involved in the im7 plementation of the management plan and 

8 the role of the management entity; and 

9 (ii) includes— 

10 (I) restoration and construction 

11 plans or goals; 

12 (II) a program of public involve13 ment; 

14 (III) annual work plans; and 

15 (IV) annual reports; 

16 (D) an analysis of ways in which Federal, 

17 State, and local programs may best be coordi18 nated to promote the purposes of this Act; 

19 (E) an interpretive and educational plan 

20 for the Heritage Area; 

21 (F) any revisions proposed by the manage22 ment entity to the boundaries of the Heritage 

23 Area and requested by the affected local gov24 ernment; and 


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1 (G) a process to provide public access to 

2 the management entity for the purpose of at3 tempting to resolve informally any disputes 

4 arising from the management plan. 

5 (c) FAILURE TO SUBMIT.—If the management entity 

6 fails to submit the management plan to the Secretary in 

7 accordance with subsection (a), the Heritage Area shall 

8 no longer qualify for Federal funding. 

9 (d) APPROVAL OR DISAPPROVAL OF MANAGEMENT

10 PLAN.— 

11 (1) IN GENERAL.—Not later than 90 days after 

12 receipt of the management plan under subsection 

13 (a), the Secretary shall approve or disapprove the 

14 management plan. 

15 (2) CRITERIA.—In determining whether to ap16 prove the management plan, the Secretary shall con17 sider whether— 

18 (A) the management entity afforded ade19 quate opportunity, including public hearings, 

20 for public and governmental involvement in the 

21 preparation of the management plan; 

22 (B) the resource protection and interpreta23 tion strategies contained in the management 

24 plan would adequately protect the cultural and 

25 historic resources of the Heritage Area; and 


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1 (C) the Secretary has received adequate 

2 assurances from the appropriate State and local 

3 officials whose support is needed to ensure the 

4 effective implementation of the State and local 

5 aspects of the management plan. 

6 (3) ACTION FOLLOWING DISAPPROVAL.—If the 

7 Secretary disapproves the management plan under 

8 paragraph (1), the Secretary shall— 

9 (A) advise the management entity in writ10 ing of the reasons for the disapproval; 

11 (B) make recommendations for revisions to 

12 the management plan; and 

13 (C) not later than 60 days after the receipt 

14 of any proposed revision of the management 

15 plan from the management entity, approve or 

16 disapprove the proposed revision. 

17 (e) AMENDMENTS.— 

18 (1) IN GENERAL.—In accordance with sub19 section (b), the Secretary shall approve or dis20 approve each amendment to the management plan 

21 that the Secretary determines may make a substan22 tial change to the management plan. 

23 (2) USE OF FUNDS.—Funds made available 

24 under this Act shall not be expended by the manage25 ment entity to implement an amendment described 


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1 in paragraph (1) until the Secretary approves the 

2 amendment. 

3 SEC. 6. AUTHORITIES, DUTIES, AND PROHIBITIONS OF THE 

4 MANAGEMENT ENTITY. 

5 (a) AUTHORITIES.—The Management Entity may, 

6 for purposes of preparing and implementing the manage7 ment plan, use funds made available under this Act to— 

8 (1) make grants to, and enter into cooperative 

9 agreements with, the States of Massachusetts and 

10 New Hampshire (including a political subdivision), a 

11 nonprofit organization, or any person; 

12 (2) hire and compensate staff; 

13 (3) obtain funds from any source (including a 

14 program that has a cost-sharing requirement); and 

15 (4) contract for goods and services. 

16 (b) DUTIES OF THE MANAGEMENT ENTITY.—In ad17 dition to developing the management plan, the manage18 ment entity shall— 

19 (1) give priority to the implementation of ac20 tions, goals, and strategies set forth in the manage21 ment plan, including assisting units of government 

22 and other persons in— 

23 (A) carrying out the programs that recog24 nize and protect important resource values in 

25 the Heritage Area; 


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1 (B) encouraging economic viability in the 

2 Heritage Area in accordance with the goals of 

3 the management plan; 

4 (C) establishing and maintaining interpre5 tive exhibits in the Heritage Area; 

6 (D) developing recreational and edu7 cational opportunities in the Heritage Area; 

8 (E) increasing public awareness of and ap9 preciation for the cultural, historical, and nat10 ural resources of the Heritage Area; 

11 (F) restoring historic buildings that are— 

12 (i) located in the Heritage Area; and 

13 (ii) relate to the themes of the Herit14 age Area; and 

15 (G) installing throughout the Heritage 

16 Area clear, consistent, and appropriate signs 

17 identifying public access points and sites of in18 terest; 

19 (2) prepare and implement the management 

20 plan while considering the interests of diverse units 

21 of government, businesses, private property owners, 

22 and nonprofit groups within the Heritage Area; 

23 (3) conduct public meetings at least quarterly 

24 regarding the development and implementation of 

25 the management plan; 


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1 (4) for any fiscal year for which Federal funds 

2 are received under this Act— 

3 (A) submit to the Secretary a report that 

4 describes, for the year— 

5 (i) the accomplishments of the man6 agement entity; 

7 (ii) the expenses and income of the 

8 management entity; and 

9 (iii) each entity to which a grant was 

10 made; 

11 (B) make available for audit by Congress, 

12 the Secretary, and appropriate units of govern13 ment, all records pertaining to the expenditure 

14 of the funds and any matching funds; and 

15 (C) require, for all agreements authorizing 

16 expenditure of Federal funds by any entity, 

17 that the receiving entity make available for 

18 audit all records pertaining to the expenditure 

19 of the funds. 

20 (c) PROHIBITION ON THE ACQUISITION OF REAL

21 PROPERTY.—The management entity shall not use Fed22 eral funds made available under this Act to acquire real 

23 property or any interest in real property. 


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1 SEC. 7. TECHNICAL AND FINANCIAL ASSISTANCE; OTHER 

2 FEDERAL AGENCIES. 

3 (a) TECHNICAL AND FINANCIAL ASSISTANCE.— 

4 (1) IN GENERAL.—On the request of the man5 agement entity, the Secretary may provide technical 

6 and financial assistance for the development and im7 plementation of the management plan. 

8 (2) PRIORITY FOR ASSISTANCE.—In providing 

9 assistance under paragraph (1), the Secretary shall 

10 give priority to actions that assist in— 

11 (A) conserving the significant cultural, his12 toric, and natural resources of the Heritage 

13 Area; and 

14 (B) providing educational, interpretive, and 

15 recreational opportunities consistent with the 

16 purposes of the Heritage Area. 

17 (3) SPENDING FOR NON-FEDERAL PROPERTY.— 

18 The management entity may expend Federal funds 

19 made available under this Act on nonfederally owned 

20 property that is— 

21 (A) identified in the management plan; or 

22 (B) listed or eligible for listing on the Na23 tional Register of Historic Places. 

24 (4) OTHER ASSISTANCE.—The Secretary may 

25 enter into cooperative agreements with public and 

26 private organizations to carry out this subsection. 


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1 (b) OTHER FEDERAL AGENCIES.—Any Federal enti2 ty conducting or supporting an activity that directly af3 fects the Heritage Area shall— 

4 (1) consider the potential effect of the activity 

5 on the purposes of the Heritage Area and the man6 agement plan; 

7 (2) consult with the management entity regard8 ing the activity; and 

9 (3) to the maximum extent practicable, conduct 

10 or support the activity to avoid adverse effects on 

11 the Heritage Area. 

12 SEC. 8. LAND USE REGULATION; APPLICABILITY OF FED13 ERAL LAW. 

14 (a) LAND USE REGULATION.— 

15 (1) IN GENERAL.—The management entity 

16 shall provide assistance and encouragement to State 

17 and local governments, private organizations, and 

18 persons to protect and promote the resources and 

19 values of the Heritage Area. 

20 (2) EFFECT.—Nothing in this Act— 

21 (A) affects the authority of the State or 

22 local governments to regulate under law any use 

23 of land; or 

24 (B) grants any power of zoning or land use 

25 to the management entity. 


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1 (b) PRIVATE PROPERTY.— 

2 (1) IN GENERAL.—The management entity 

3 shall be an advocate for land management practices 

4 consistent with the purposes of the Heritage Area. 

5 (2) EFFECT.—Nothing in this Act— 

6 (A) abridges the rights of any person with 

7 regard to private property; 

8 (B) affects the authority of the State or 

9 local government regarding private property; or 

10 (C) imposes any additional burden on any 

11 property owner. 

12 SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 

13 (a) IN GENERAL.—There is authorized to be appro14 priated to carry out this Act $10,000,000, of which not 

15 more than $1,000,000 may be authorized to be appro16 priated for any fiscal year. 

17 (b) COST-SHARING REQUIREMENT.—The Federal 

18 share of the total cost of any activity assisted under this 

19 Act shall be not more than 50 percent. 

20 SEC. 10. TERMINATION OF AUTHORITY. 

21 The authority of the Secretary to provide assistance 

22 under this Act terminates on the date that is 15 years 

23 after the date of the enactment of this Act. 

Æ 


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