II 

Calendar No. 785 

110TH CONGRESS 

2D SESSION S. 827 

[Report No. 110–353] 

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 (for himself, Mr. KENNEDY, and Mr. SUNUNU) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources 

JUNE 16, 2008 

Reported by Mr. BINGAMAN, with an amendment 

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

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’’. 

mstockstill on PROD1PC66 with BILLS

2 

•S 827 RS

1 SEC. 2. FINDINGS AND PURPOSES. 

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

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

4 encompassing 37 communities in Massachusetts and 

5 8 communities in New Hampshire have made impor6 tant and distinctive contributions to the national 

7 character of America. 

8 (2) Recognizing and protecting those legacies 

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

10 (3) Significant legacies of the area include— 

11 (A) the early settlement of the United 

12 States and the early evolution of democratic 

13 forms of government; 

14 (B) the development of intellectual tradi15 tions of the philosophies of freedom, democracy, 

16 and conservation; 

17 (C) the evolution of social ideas and reli18 gious freedom; 

19 (D) the role of immigrants and industry in 

20 contributing to ethnic diversity; 

21 (E) Native American and African Amer22 ican resources; and 

23 (F) the role of innovation and invention in 

24 cottage industries. 

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

26 of the legacies but need a cooperative framework 

mstockstill on PROD1PC66 with BILLS

3 

•S 827 RS

1 and technical assistance to achieve important goals 

2 by working together. 

3 (5) There is a Federal interest in supporting 

4 the development of a regional framework to assist 

5 the States, local governments, local organizations, 

6 and other persons in the region with conserving, pro7 tecting, and bringing recognition to the heritage of 

8 the area for the educational and recreational benefit 

9 of future generations of Americans. 

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

11 include— 

12 (A) Walden Pond State Reservation in 

13 Concord, Massachusetts; 

14 (B) Minute Man National Historical Park 

15 in the State of Massachusetts; 

16 (C) Shaker Villages in Shirley and Har17 vard in the State of Massachusetts; 

18 (D) Wachusett Mountain State Reserva19 tion, Fitchburg Art Museum, and Barrett 

20 House in New Ipswich, New Hampshire; and 

21 (E) Beaver Brook Farms and Lost City of 

22 Monson in Hollis, New Hampshire. 

23 (7) The study entitled ‘‘Freedom’s Way Herit24 age Area Feasibility Study’’, prepared by the Free25 dom’s Way Heritage Association, Inc., and the Masmstockstill on PROD1PC66 with BILLS

4 

•S 827 RS

1 sachusetts Department of Environmental Manage2 ment, demonstrates that there are sufficient nation3 ally distinctive historical resources necessary to es4 tablish the Freedom’s Way National Heritage Area. 

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

6 Inc., should oversee the development of the Free7 dom’s Way National Heritage Area. 

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

9 (1) to foster a close working relationship be10 tween the Secretary and all levels of government, the 

11 private sector, and local communities in the States 

12 of Massachusetts and New Hampshire; 

13 (2) to assist the entities referred to in para14 graph (1) in preserving the special historic identity 

15 of the Heritage Area; and 

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

17 the cultural, historical, and natural resources of the 

18 Heritage Area for the educational and inspirational 

19 benefit of future generations. 

20 SEC. 3. DEFINITIONS. 

21 In this Act: 

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

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

24 Area established by section 4(a). 

mstockstill on PROD1PC66 with BILLS

5 

•S 827 RS

1 (2) MANAGEMENT ENTITY.—The term ‘‘man2 agement entity’’ means the management entity for 

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

4 (3) MANAGEMENT PLAN.—The term ‘‘manage5 ment plan’’ means the management plan for the 

6 Heritage Area developed under section 5. 

7 (4) MAP.—The term ‘‘Map’’ means the map en8 titled ‘‘lllllllllllll’’, numbered 

9 llllllllllllll and dated 

10 lllllllll. 

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

12 the Secretary of the Interior. 

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

14 (a) ESTABLISHMENT.—There is established the Free15 dom’s Way National Heritage Area in the States of Mas16 sachusetts and New Hampshire. 

17 (b) BOUNDARIES.— 

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

19 consist of the land within the boundaries of the Her20 itage Area, as depicted on the Map. 

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

22 Area may be revised if the revision is— 

23 (A) proposed in the management plan; 

24 (B) approved by the Secretary in accord25 ance with section 5(c); and 

mstockstill on PROD1PC66 with BILLS

6 

•S 827 RS

1 (C) placed on file in accordance with sub2 section (c). 

3 (c) MAP AND LEGAL DESCRIPTION.— 

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

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

6 shall publish in the Federal Register a legal descrip7 tion of the Heritage Area. 

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

9 and available for public inspection in the appropriate 

10 offices of the National Park Service. 

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

12 Heritage Association, Inc. shall serve as the management 

13 entity for the Heritage Area. 

14 SEC. 5. MANAGEMENT PLAN. 

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

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

17 shall develop and submit to the Secretary for approval a 

18 management plan for the Heritage Area that presents 

19 comprehensive recommendations and strategies for the 

20 conservation, funding, management, and development of 

21 the Heritage Area. 

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

23 (1) take into consideration and coordinate Fed24 eral, State, and local plans to present a unified his25 toric preservation and interpretation plan; 

mstockstill on PROD1PC66 with BILLS

7 

•S 827 RS

1 (2) involve residents, public agencies, and pri2 vate organizations in the Heritage Area; 

3 (3) describe actions that units of government 

4 and private organizations recommend for the protec5 tion of the resources of the Heritage Area; 

6 (4) identify existing and potential sources of 

7 Federal and non-Federal funding for the conserva8 tion, management, and development of the Heritage 

9 Area; and 

10 (5) include— 

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

12 natural, or recreational resources contained in 

13 the Heritage Area, including a list of property 

14 that— 

15 (i) is related to the themes of the 

16 Heritage Area; and 

17 (ii) should be conserved, restored, 

18 managed, developed, or maintained; 

19 (B) a recommendation of policies for re20 source management and protection that— 

21 (i) apply appropriate land and water 

22 management techniques; 

23 (ii) develop intergovernmental cooper24 ative agreements to manage and protect 

25 the cultural, historic, and natural resources 

mstockstill on PROD1PC66 with BILLS

8 

•S 827 RS

1 and recreation opportunities of the Herit2 age Area; and 

3 (iii) support economic revitalization 

4 efforts; 

5 (C) a program of strategies and actions to 

6 implement the management plan that— 

7 (i) identifies the roles of agencies and 

8 organizations that are involved in the im9 plementation of the management plan and 

10 the role of the management entity; and 

11 (ii) includes— 

12 (I) restoration and construction 

13 plans or goals; 

14 (II) a program of public involve15 ment; 

16 (III) annual work plans; and 

17 (IV) annual reports; 

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

19 State, and local programs may best be coordi20 nated to promote the purposes of this Act; 

21 (E) an interpretive and educational plan 

22 for the Heritage Area; 

23 (F) any revisions proposed by the manage24 ment entity to the boundaries of the Heritage 

mstockstill on PROD1PC66 with BILLS

9 

•S 827 RS

1 Area and requested by the affected local gov2 ernment; and 

3 (G) a process to provide public access to 

4 the management entity for the purpose of at5 tempting to resolve informally any disputes 

6 arising from the management plan. 

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

8 fails to submit the management plan to the Secretary in 

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

10 no longer qualify for Federal funding. 

11 (d) APPROVAL OR DISAPPROVAL OF MANAGEMENT

12 PLAN.— 

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

14 receipt of the management plan under subsection 

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

16 management plan. 

17 (2) CRITERIA.—In determining whether to ap18 prove the management plan, the Secretary shall con19 sider whether— 

20 (A) the management entity afforded ade21 quate opportunity, including public hearings, 

22 for public and governmental involvement in the 

23 preparation of the management plan; 

24 (B) the resource protection and interpreta25 tion strategies contained in the management 

mstockstill on PROD1PC66 with BILLS

10 

•S 827 RS

1 plan would adequately protect the cultural and 

2 historic resources of the Heritage Area; and 

3 (C) the Secretary has received adequate 

4 assurances from the appropriate State and local 

5 officials whose support is needed to ensure the 

6 effective implementation of the State and local 

7 aspects of the management plan. 

8 (3) ACTION FOLLOWING DISAPPROVAL.—If the 

9 Secretary disapproves the management plan under 

10 paragraph (1), the Secretary shall— 

11 (A) advise the management entity in writ12 ing of the reasons for the disapproval; 

13 (B) make recommendations for revisions to 

14 the management plan; and 

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

16 of any proposed revision of the management 

17 plan from the management entity, approve or 

18 disapprove the proposed revision. 

19 (e) AMENDMENTS.— 

20 (1) IN GENERAL.—In accordance with sub21 section (b), the Secretary shall approve or dis22 approve each amendment to the management plan 

23 that the Secretary determines may make a substan24 tial change to the management plan. 

mstockstill on PROD1PC66 with BILLS

11 

•S 827 RS

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

2 under this Act shall not be expended by the manage3 ment entity to implement an amendment described 

4 in paragraph (1) until the Secretary approves the 

5 amendment. 

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

7 MANAGEMENT ENTITY. 

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

9 for purposes of preparing and implementing the manage10 ment plan, use funds made available under this Act to— 

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

12 agreements with, the States of Massachusetts and 

13 New Hampshire (including a political subdivision), a 

14 nonprofit organization, or any person; 

15 (2) hire and compensate staff; 

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

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

18 (4) contract for goods and services. 

19 (b) DUTIES OF THE MANAGEMENT ENTITY.—In ad20 dition to developing the management plan, the manage21 ment entity shall— 

22 (1) give priority to the implementation of ac23 tions, goals, and strategies set forth in the manage24 ment plan, including assisting units of government 

25 and other persons in— 

mstockstill on PROD1PC66 with BILLS

12 

•S 827 RS

1 (A) carrying out the programs that recog2 nize and protect important resource values in 

3 the Heritage Area; 

4 (B) encouraging economic viability in the 

5 Heritage Area in accordance with the goals of 

6 the management plan; 

7 (C) establishing and maintaining interpre8 tive exhibits in the Heritage Area; 

9 (D) developing recreational and edu10 cational opportunities in the Heritage Area; 

11 (E) increasing public awareness of and ap12 preciation for the cultural, historical, and nat13 ural resources of the Heritage Area; 

14 (F) restoring historic buildings that are— 

15 (i) located in the Heritage Area; and 

16 (ii) relate to the themes of the Herit17 age Area; and 

18 (G) installing throughout the Heritage 

19 Area clear, consistent, and appropriate signs 

20 identifying public access points and sites of in21 terest; 

22 (2) prepare and implement the management 

23 plan while considering the interests of diverse units 

24 of government, businesses, private property owners, 

25 and nonprofit groups within the Heritage Area; 

mstockstill on PROD1PC66 with BILLS

13 

•S 827 RS

1 (3) conduct public meetings at least quarterly 

2 regarding the development and implementation of 

3 the management plan; 

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

5 are received under this Act— 

6 (A) submit to the Secretary a report that 

7 describes, for the year— 

8 (i) the accomplishments of the man9 agement entity; 

10 (ii) the expenses and income of the 

11 management entity; and 

12 (iii) each entity to which a grant was 

13 made; 

14 (B) make available for audit by Congress, 

15 the Secretary, and appropriate units of govern16 ment, all records pertaining to the expenditure 

17 of the funds and any matching funds; and 

18 (C) require, for all agreements authorizing 

19 expenditure of Federal funds by any entity, 

20 that the receiving entity make available for 

21 audit all records pertaining to the expenditure 

22 of the funds. 

23 (c) PROHIBITION ON THE ACQUISITION OF REAL

24 PROPERTY.—The management entity shall not use Fedmstockstill on PROD1PC66 with BILLS

14 

•S 827 RS

1 eral funds made available under this Act to acquire real 

2 property or any interest in real property. 

3 SEC. 7. TECHNICAL AND FINANCIAL ASSISTANCE; OTHER 

4 FEDERAL AGENCIES. 

5 (a) TECHNICAL AND FINANCIAL ASSISTANCE.— 

6 (1) IN GENERAL.—On the request of the man7 agement entity, the Secretary may provide technical 

8 and financial assistance for the development and im9 plementation of the management plan. 

10 (2) PRIORITY FOR ASSISTANCE.—In providing 

11 assistance under paragraph (1), the Secretary shall 

12 give priority to actions that assist in— 

13 (A) conserving the significant cultural, his14 toric, and natural resources of the Heritage 

15 Area; and 

16 (B) providing educational, interpretive, and 

17 recreational opportunities consistent with the 

18 purposes of the Heritage Area. 

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

20 The management entity may expend Federal funds 

21 made available under this Act on nonfederally owned 

22 property that is— 

23 (A) identified in the management plan; or 

24 (B) listed or eligible for listing on the Na25 tional Register of Historic Places. 

mstockstill on PROD1PC66 with BILLS

15 

•S 827 RS

1 (4) OTHER ASSISTANCE.—The Secretary may 

2 enter into cooperative agreements with public and 

3 private organizations to carry out this subsection. 

4 (b) OTHER FEDERAL AGENCIES.—Any Federal enti5 ty conducting or supporting an activity that directly af6 fects the Heritage Area shall— 

7 (1) consider the potential effect of the activity 

8 on the purposes of the Heritage Area and the man9 agement plan; 

10 (2) consult with the management entity regard11 ing the activity; and 

12 (3) to the maximum extent practicable, conduct 

13 or support the activity to avoid adverse effects on 

14 the Heritage Area. 

15 SEC. 8. LAND USE REGULATION; APPLICABILITY OF FED16 ERAL LAW. 

17 (a) LAND USE REGULATION.— 

18 (1) IN GENERAL.—The management entity 

19 shall provide assistance and encouragement to State 

20 and local governments, private organizations, and 

21 persons to protect and promote the resources and 

22 values of the Heritage Area. 

23 (2) EFFECT.—Nothing in this Act— 

mstockstill on PROD1PC66 with BILLS

16 

•S 827 RS

1 (A) affects the authority of the State or 

2 local governments to regulate under law any use 

3 of land; or 

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

5 to the management entity. 

6 (b) PRIVATE PROPERTY.— 

7 (1) IN GENERAL.—The management entity 

8 shall be an advocate for land management practices 

9 consistent with the purposes of the Heritage Area. 

10 (2) EFFECT.—Nothing in this Act— 

11 (A) abridges the rights of any person with 

12 regard to private property; 

13 (B) affects the authority of the State or 

14 local government regarding private property; or 

15 (C) imposes any additional burden on any 

16 property owner. 

17 SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 

18 (a) IN GENERAL.—There is authorized to be appro19 priated to carry out this Act $10,000,000, of which not 

20 more than $1,000,000 may be authorized to be appro21 priated for any fiscal year. 

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

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

24 Act shall be not more than 50 percent. 

mstockstill on PROD1PC66 with BILLS

17 

•S 827 RS

1 SEC. 10. TERMINATION OF AUTHORITY. 

2 The authority of the Secretary to provide assistance 

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

4 after the date of the enactment of this Act. 

5 SECTION 1. SHORT TITLE. 

6 This Act may be cited as the ‘‘Freedom’s Way National 

7 Heritage Area Act’’. 

8 SEC. 2. PURPOSES. 

9 The purposes of this Act are— 

10 (1) to foster a close working relationship between 

11 the Secretary and all levels of government, the private 

12 sector, and local communities in the States of Massa13 chusetts and New Hampshire; 

14 (2) to assist the entities described in paragraph 

15 (1) to preserve the special historic identity of the Her16 itage Area; and 

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

18 the cultural, historic, and natural resources of the 

19 Heritage Area for the educational and inspirational 

20 benefit of future generations. 

21 SEC. 3. DEFINITIONS. 

22 In this Act: 

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

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

25 Area established by section 4(a). 

mstockstill on PROD1PC66 with BILLS

18 

•S 827 RS

1 (2) LOCAL COORDINATING ENTITY.—The term 

2 ‘‘local coordinating entity’’ means the local coordi3 nating entity for the Heritage Area designated by sec4 tion 4(d). 

5 (3) MANAGEMENT PLAN.—The term ‘‘manage6 ment plan’’ means the management plan for the Her7 itage Area required under section 5(a)(1). 

8 (4) MAP.—The term ‘‘map’’ means the map enti9 tled ‘‘Freedom’s Way National Heritage Area’’, num10 bered T04/80,000, and dated July 2007. 

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

12 the Secretary of the Interior. 

13 SEC. 4. ESTABLISHMENT. 

14 (a) IN GENERAL.—There is established the Freedom’s 

15 Way National Heritage Area in the States of Massachusetts 

16 and New Hampshire. 

17 (b) BOUNDARIES.— 

18 (1) IN GENERAL.—The boundaries of the Herit19 age Area shall be as generally depicted on the map. 

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

21 Area may be revised if the revision is— 

22 (A) proposed in the management plan; 

23 (B) approved by the Secretary in accord24 ance with section 6(d); and 

mstockstill on PROD1PC66 with BILLS

19 

•S 827 RS

1 (C) placed on file in accordance with sub2 section (c). 

3 (c) AVAILABILITY OF MAP.—The map shall be on file 

4 and available for public inspection in the appropriate of5 fices of the National Park Service and the local coordi6 nating entity. 

7 (d) LOCAL COORDINATING ENTITY.—The Freedom’s 

8 Way Heritage Association, Inc., shall be the local coordi9 nating entity for the Heritage Area. 

10 SEC. 5. DUTIES AND AUTHORITIES OF LOCAL COORDI11 NATING ENTITY. 

12 (a) DUTIES OF THE LOCAL COORDINATING ENTITY.— 

13 To further the purposes of the Heritage Area, the local co14 ordinating entity shall— 

15 (1) prepare, and submit to the Secretary, in ac16 cordance with section 6, a management plan for the 

17 Heritage Area; 

18 (2) assist units of local government, regional 

19 planning organizations, and nonprofit organizations 

20 in implementing the approved management plan 

21 by— 

22 (A) carrying out programs and projects 

23 that recognize and protect important resource 

24 values within the Heritage Area; 

mstockstill on PROD1PC66 with BILLS

20 

•S 827 RS

1 (B) establishing and maintaining interpre2 tive exhibits and programs within the Heritage 

3 Area; 

4 (C) developing recreational and educational 

5 opportunities in the Heritage Area; 

6 (D) increasing public awareness of, and ap7 preciation for, natural, historic, and cultural re8 sources of the Heritage Area; 

9 (E) protecting and restoring historic build10 ings in the Heritage Area that are consistent 

11 with the themes of the Heritage Area; and 

12 (F) ensuring that signs identifying points 

13 of public access and sites of interest are posted 

14 throughout the Heritage Area; 

15 (3) consider the interests of diverse units of gov16 ernment, businesses, organizations, and individuals 

17 in the Heritage Area in the preparation and imple18 mentation of the management plan; 

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

20 quarterly regarding the development and implementa21 tion of the management plan; 

22 (5) submit an annual report to the Secretary for 

23 each fiscal year for which the local coordinating enti24 ty receives Federal funds under this Act specifying— 

mstockstill on PROD1PC66 with BILLS

21 

•S 827 RS

1 (A) the accomplishments of the local coordi2 nating entity; 

3 (B) the expenses and income of the local co4 ordinating entity; 

5 (C) the amounts and sources of matching 

6 funds; 

7 (D) the amounts leveraged with Federal 

8 funds and sources of the leveraged funds; and 

9 (E) grants made to any other entities dur10 ing the fiscal year; 

11 (6) make available for audit for each fiscal year 

12 for which the local coordinating entity receives Fed13 eral funds under this Act, all information pertaining 

14 to the expenditure of the funds and any matching 

15 funds; 

16 (7) require in all agreements authorizing expend17 itures of Federal funds by other organizations, that 

18 the receiving organizations make available for audit 

19 all records and other information pertaining to the 

20 expenditure of the funds; and 

21 (8) encourage, by appropriate means, economic 

22 development that is consistent with the purposes of 

23 the Heritage Area. 

24 (b) AUTHORITIES.—The local coordinating entity 

25 may, subject to the prior approval of the Secretary, for the 

mstockstill on PROD1PC66 with BILLS

22 

•S 827 RS

1 purposes of preparing and implementing the management 

2 plan, use Federal funds made available under this Act to— 

3 (1) make grants to the States of Massachusetts 

4 and New Hampshire, political subdivisions of the 

5 States, nonprofit organizations, and other persons; 

6 (2) enter into cooperative agreements with, or 

7 provide technical assistance to, the States of Massa8 chusetts and New Hampshire, political subdivisions of 

9 the States, nonprofit organizations, Federal agencies, 

10 and other interested parties; 

11 (3) hire and compensate staff; 

12 (4) obtain funds or services from any source, in13 cluding funds and services provided under any other 

14 Federal law or program; 

15 (5) contract for goods or services; and 

16 (6) support activities of partners and any other 

17 activities that further the purposes of the Heritage 

18 Area and are consistent with the approved manage19 ment plan. 

20 (c) PROHIBITION ON ACQUISITION OF REAL PROP21 ERTY.—The local coordinating entity may not use Federal 

22 funds received under this Act to acquire any interest in real 

23 property. 

24 (d) USE OF FUNDS FOR NON-FEDERAL PROPERTY.— 

25 The local coordinating entity may use Federal funds made 

mstockstill on PROD1PC66 with BILLS

23 

•S 827 RS

1 available under this Act to assist non-Federal property that 

2 is— 

3 (1) described in the management plan; or 

4 (2) listed, or eligible for listing, on the National 

5 Register of Historic Places. 

6 SEC. 6. MANAGEMENT PLAN. 

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

8 date on which funds are made available to develop the man9 agement plan, the local coordinating entity shall submit to 

10 the Secretary for approval a proposed management plan 

11 for the Heritage Area. 

12 (b) REQUIREMENTS.—The management plan for the 

13 Heritage Area shall— 

14 (1) describe comprehensive policies, goals, strate15 gies, and recommendations for the conservation, fund16 ing, management, and development of the Heritage 

17 Area; 

18 (2) take into consideration existing State, coun19 ty, and local plans in the development and implemen20 tation of the management plan; 

21 (3) provide a framework for coordination of the 

22 plans considered under paragraph (2) to present a 

23 unified historic preservation and interpretation plan; 

mstockstill on PROD1PC66 with BILLS

24 

•S 827 RS

1 (4) contain the contributions of residents, public 

2 agencies, and private organizations within the Herit3 age Area; 

4 (5) include a description of actions and commit5 ments that governments, private organizations, and 

6 citizens plan to take to protect, enhance, and inter7 pret the natural, historic, scenic, and cultural re8 sources of the Heritage Area; 

9 (6) specify existing and potential sources of 

10 funding or economic development strategies to con11 serve, manage, and develop the Heritage Area; 

12 (7) include an inventory of the natural, historic, 

13 and recreational resources of the Heritage Area, in14 cluding a list of properties that— 

15 (A) are related to the themes of the Heritage 

16 Area; and 

17 (B) should be conserved, restored, managed, 

18 developed, or maintained; 

19 (8) recommend policies and strategies for re20 source management that— 

21 (A) apply appropriate land and water 

22 management techniques; 

23 (B) include the development of intergovern24 mental and interagency agreements to protect the 

mstockstill on PROD1PC66 with BILLS

25 

•S 827 RS

1 natural, historic, and cultural resources of the 

2 Heritage Area; and 

3 (C) support economic revitalization efforts; 

4 (9) describe a program for implementation of the 

5 management plan, including— 

6 (A) restoration and construction plans or 

7 goals; 

8 (B) a program of public involvement; 

9 (C) annual work plans; and 

10 (D) annual reports; 

11 (10) include an analysis of, and recommenda12 tions for, ways in which Federal, State, tribal, and 

13 local programs may best be coordinated (including 

14 the role of the National Park Service and other Fed15 eral agencies associated with the Heritage Area) to 

16 further the purposes of this Act; 

17 (11) include an interpretive plan for the Herit18 age Area; and 

19 (12) include a business plan that— 

20 (A) describes the role, operation, financing, 

21 and functions of the local coordinating entity 

22 and of each of the major activities described in 

23 the management plan; and 

24 (B) provides adequate assurances that the 

25 local coordinating entity has the partnerships 

mstockstill on PROD1PC66 with BILLS

26 

•S 827 RS

1 and financial and other resources necessary to 

2 implement the management plan for the Herit3 age Area. 

4 (c) TERMINATION OF FUNDING.—If the management 

5 plan is not submitted to the Secretary in accordance with 

6 this section, the local coordinating entity shall not qualify 

7 for additional financial assistance under this Act until the 

8 management plan is submitted to, and approved by, the 

9 Secretary. 

10 (d) APPROVAL OF MANAGEMENT PLAN.— 

11 (1) REVIEW.—Not later than 180 days after the 

12 date on which the Secretary receives the management 

13 plan, the Secretary shall approve or disapprove the 

14 management plan. 

15 (2) CRITERIA FOR APPROVAL.—In determining 

16 whether to approve the management plan, the Sec17 retary shall consider whether— 

18 (A) the local coordinating entity represents 

19 the diverse interests of the Heritage Area, includ20 ing governments, natural and historic resource 

21 protection organizations, educational institu22 tions, businesses, community residents, and rec23 reational organizations; 

24 (B) the local coordinating entity has af25 forded adequate opportunity for public and govmstockstill on PROD1PC66 with BILLS

27 

•S 827 RS

1 ernmental involvement (including through work2 shops and public meetings) in the preparation of 

3 the management plan; 

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

6 plan, if implemented, would adequately protect 

7 the natural, historic, and cultural resources of 

8 the Heritage Area; 

9 (D) the management plan would not ad10 versely affect any activities authorized on Fed11 eral or tribal land under applicable laws or land 

12 use plans; 

13 (E) the Secretary has received adequate as14 surances from the appropriate State, tribal, and 

15 local officials whose support is needed to ensure 

16 the effective implementation of the State, tribal, 

17 and local aspects of the management plan; and 

18 (F) the local coordinating entity has dem19 onstrated the financial capability, in partner20 ship with others, to carry out the management 

21 plan. 

22 (3) ACTION FOLLOWING DISAPPROVAL.— 

23 (A) IN GENERAL.—If the Secretary dis24 approves the management plan, the Secretary— 

mstockstill on PROD1PC66 with BILLS

28 

•S 827 RS

1 (i) shall advise the local coordinating 

2 entity in writing of the reasons for the dis3 approval; and 

4 (ii) may make recommendations to the 

5 local coordinating entity for revisions to the 

6 management plan. 

7 (B) DEADLINE.—Not later than 180 days 

8 after receiving a revised management plan, the 

9 Secretary shall approve or disapprove the revised 

10 management plan. 

11 (4) AMENDMENTS.— 

12 (A) IN GENERAL.—An amendment to the 

13 management plan that substantially alters the 

14 purposes of the Heritage Area shall be reviewed 

15 by the Secretary and approved or disapproved in 

16 the same manner as the original management 

17 plan. 

18 (B) IMPLEMENTATION.—The local coordi19 nating entity shall not use Federal funds author20 ized to be appropriated by this Act to implement 

21 an amendment to the management plan until the 

22 Secretary approves the amendment. 

23 SEC. 7. DUTIES AND AUTHORITIES OF THE SECRETARY. 

24 (a) TECHNICAL AND FINANCIAL ASSISTANCE.— 

mstockstill on PROD1PC66 with BILLS

29 

•S 827 RS

1 (1) IN GENERAL.—On the request of the local co2 ordinating entity, the Secretary may provide tech3 nical and financial assistance, on a reimbursable or 

4 nonreimbursable basis (as determined by the Sec5 retary), to the local coordinating entity to develop 

6 and implement the management plan. 

7 (2) COOPERATIVE AGREEMENTS.—The Secretary 

8 may enter into cooperative agreements with the local 

9 coordinating entity and other public or private enti10 ties to provide technical or financial assistance under 

11 paragraph (1). 

12 (3) PRIORITY.—In assisting the Heritage Area, 

13 the Secretary shall give priority to actions that assist 

14 in— 

15 (A) conserving the significant natural, his16 toric, and cultural resources of the Heritage 

17 Area; and 

18 (B) providing educational, interpretive, and 

19 recreational opportunities consistent with the 

20 purposes of the Heritage Area. 

21 (b) EVALUATION; REPORT.— 

22 (1) IN GENERAL.—Not later than 3 years before 

23 the date on which authority for Federal funding ter24 minates for the Heritage Area under section 11, the 

25 Secretary shall— 

mstockstill on PROD1PC66 with BILLS

30 

•S 827 RS

1 (A) conduct an evaluation of the accom2 plishments of the Heritage Area; and 

3 (B) prepare a report with recommendations 

4 for the future role of the National Park Service, 

5 if any, with respect to the Heritage Area, in ac6 cordance with paragraph (3). 

7 (2) EVALUATION.—An evaluation conducted 

8 under paragraph (1)(A) shall— 

9 (A) assess the progress of the local coordi10 nating entity with respect to— 

11 (i) accomplishing the purposes of this 

12 Act for the Heritage Area; and 

13 (ii) achieving the goals and objectives 

14 of the approved management plan for the 

15 Heritage Area; 

16 (B) analyze the Federal, State, local, and 

17 private investments in the Heritage Area to de18 termine the leverage and impact of the invest19 ments; and 

20 (C) review the management structure, part21 nership relationships, and funding of the Herit22 age Area for purposes of identifying the critical 

23 components for sustainability of the Heritage 

24 Area. 

25 (3) REPORT.— 

mstockstill on PROD1PC66 with BILLS

31 

•S 827 RS

1 (A) IN GENERAL.—Based on the evaluation 

2 conducted under paragraph (1)(A), the Secretary 

3 shall prepare a report that includes rec4 ommendations for the future role of the National 

5 Park Service, if any, with respect to the Heritage 

6 Area. 

7 (B) REQUIRED ANALYSIS.—If the report 

8 prepared under this paragraph recommends that 

9 Federal funding for the Heritage Area be reau10 thorized, the report shall include an analysis 

11 of— 

12 (i) ways in which Federal funding for 

13 the Heritage Area may be reduced or elimi14 nated; and 

15 (ii) the appropriate time period nec16 essary to achieve the recommended reduc17 tion or elimination. 

18 (C) SUBMISSION TO CONGRESS.—On com19 pletion of a report under this paragraph, the 

20 Secretary shall submit the report to— 

21 (i) the Committee on Energy and Nat22 ural Resources of the Senate; and 

23 (ii) the Committee on Natural Re24 sources of the House of Representatives. 

mstockstill on PROD1PC66 with BILLS

32 

•S 827 RS

1 SEC. 8. RELATIONSHIP TO OTHER FEDERAL AGENCIES. 

2 (a) IN GENERAL.—Nothing in this Act affects the au3 thority of a Federal agency to provide technical or financial 

4 assistance under any other law. 

5 (b) CONSULTATION AND COORDINATION.—To the max6 imum extent practicable, the head of any Federal agency 

7 planning to conduct activities that may have an impact 

8 on the Heritage Area is encouraged to consult and coordi9 nate the activities with the Secretary and the local coordi10 nating entity. 

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

12 Act— 

13 (1) modifies, alters, or amends any laws (includ14 ing regulations) authorizing a Federal agency to 

15 manage Federal land under the jurisdiction of the 

16 Federal agency; 

17 (2) limits the discretion of a Federal land man18 ager to implement an approved land use plan within 

19 the boundaries of the Heritage Area; or 

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

21 use of Federal land under the jurisdiction of a Fed22 eral agency. 

23 SEC. 9. PROPERTY OWNERS AND REGULATORY PROTEC24 TIONS. 

25 Nothing in this Act— 

mstockstill on PROD1PC66 with BILLS

33 

•S 827 RS

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

2 private property, including the right to refrain from 

3 participating in any plan, project, program, or activ4 ity conducted within the Heritage Area; 

5 (2) requires any property owner to— 

6 (A) permit public access (including Federal, 

7 tribal, State, or local government access) to the 

8 property; or 

9 (B) modify any provisions of Federal, trib10 al, State, or local law with regard to public ac11 cess or use of private land; 

12 (3) alters any duly adopted land use regulations, 

13 approved land use plan, or any other regulatory au14 thority of any Federal, State, or local agency, or trib15 al government; 

16 (4) conveys any land use or other regulatory au17 thority to the local coordinating entity; 

18 (5) authorizes or implies the reservation or ap19 propriation of water or water rights; 

20 (6) diminishes the authority of the States of 

21 Massachusetts and New Hampshire to manage fish 

22 and wildlife, including the regulation of fishing and 

23 hunting within the Heritage Area; or 

24 (7) creates any liability, or affects any liability 

25 under any other law, of any private property owner 

mstockstill on PROD1PC66 with BILLS

34 

•S 827 RS

1 with respect to any person injured on the private 

2 property. 

3 SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 

4 (a) IN GENERAL.—There is authorized to be appro5 priated to carry out this Act $10,000,000, of which not more 

6 than $1,000,000 may be made available for any fiscal year. 

7 (b) AVAILABILITY.—Funds made available under sub8 section (a) shall remain available until expended. 

9 (c) COST-SHARING REQUIREMENT.— 

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

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

12 than 50 percent. 

13 (2) FORM.—The non-Federal contribution may 

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

15 services fairly valued. 

16 SEC. 11. TERMINATION OF FINANCIAL ASSISTANCE. 

17 The authority of the Secretary to provide financial as18 sistance under this Act terminates on the date that is 15 

19 years after the date of enactment of this Act. 

mstockstill on PROD1PC66 with BILLS

mstockstill on PROD1PC66 with BILLS

Calendar No. 785 

110TH CONGRESS 

2D SESSION S. 827 

[Report No. 110

–353] 

A BILL 

To establish the Freedom’s Way National Heritage 

Hampshire, and for other purposes. Area in the States of Massachusetts and New 

JUNE 16, 2008 

Reported with an amendment 

mstockstill on PROD1PC66 with BILLS