II 

109TH CONGRESS 

1ST SESSION S. 1544 

To establish the Northern Plains National Heritage Area in the State of 

North Dakota, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 28, 2005 

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

to the Committee on Energy and Natural Resources 

A BILL 

To establish the Northern Plains National Heritage Area 

in the State of North Dakota, 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 ‘‘Northern Plains Na5 tional Heritage Area Act’’. 

6 SEC. 2. FINDINGS AND PURPOSE. 

7 (a) FINDINGS.—Congress finds that— 

8 (1) the scenic breaks of North Dakota’s Mis9 souri valley overlook a rich agricultural tradition 

10 stretching back 1,000 years; 
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1 (2) along the length of the remaining free-flow2 ing Missouri River in the State of North Dakota, 

3 from Huff National Landmark to the south to the 

4 Knife River Indian Villages National Historic Site to 

5 the north, the area encompasses the ancient home6 land of the Mandan and Hidatsa tribes; 

7 (3) while farming methods have changed, the 

8 agricultural traditions and the scenic, cultural, and 

9 historic values of the area remain; 

10 (4) the same attributes of geography and cli11 mate that attracted the Mandan and Hidatsa to the 

12 area later appealed to homesteading farmers and 

13 ranchers and the energy industry, all of whom bene14 fitted from the natural resources of the land; 

15 (5) in addition to agriculture, Mandan-Hidatsa 

16 culture depended on fishing and wildlife; 

17 (6) the Missouri Valley remains a haven for 

18 geese, walleyes, turkeys, and white-tails; 

19 (7) endangered species like the piping plover 

20 and the least tern, rarities for birdwatchers’ lifetime 

21 lists, depend on the free-flowing sandbars of the 

22 Missouri River; 

23 (8) pallid sturgeon swim below the surface of 

24 the Missouri River, while once-endangered species 

25 like the bald eagle, a symbol of significance to Na-
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1 tive Americans and other people in the United 

2 States, have made a recovery along the Missouri 

3 River; 

4 (9) in addition to being the home of the rich 

5 and ancient cultures of Indian tribes, the Missouri 

6 Valley was part of the expedition commanded by 

7 Meriwether Lewis and William Clark, commonly 

8 known as ‘‘The Corps of Discovery’’, which was one 

9 of the most remarkable and productive scientific and 

10 military exploring expeditions in the history of the 

11 United States; 

12 (10) President Thomas Jefferson gave Lewis 

13 and Clark the mission to ‘‘. . . explore the Missouri 

14 River and such principal stream of it, as, by its 

15 course and communication with the waters of the 

16 Pacific ocean, whether the Columbia, Oregon, Colo17 rado or any other river may offer the most direct 

18 and practicable water communication across this 

19 continent for the purposes of commerce . . .’’; 

20 (11) the Lewis and Clark expedition, in re21 sponse to the directive of President Jefferson, great22 ly advanced our geographical knowledge of the con23 tinent and prepared the way for the extension of the 

24 American fur trade with Indian tribes throughout 

25 the area; 
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1 (12) while Lewis and Clark and their compan2 ions began the historic journey to explore the un3 charted wilderness west of the Mississippi River on 

4 May 14, 1804, the expedition spent the first winter 

5 at Fort Mandan, North Dakota; 

6 (13) the Lewis and Clark expedition signifi7 cantly enhanced amicable relations between the 

8 United States and the autonomous Indian tribes; 

9 (14) the friendship and respect fostered be10 tween the Indian tribes and the Lewis and Clark ex11 pedition represents the best of diplomacy and rela12 tionships between divergent nations and cultures; 

13 (15) with the commemoration of the 200th an14 niversary of the Lewis and Clark expedition, the 

15 preservation of properties nationally significant in 

16 the history of westward expansion is an important 

17 goal for the future education of the people of the 

18 United States; 

19 (16) the cultural heritage of the Missouri River 

20 area in the State of North Dakota includes the so21 cial history and living cultural traditions of several 

22 generations; 

23 (17) the Department of the Interior is respon24 sible for protecting and interpreting the cultural and 

25 historic resources of the United States; 
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1 (18) there are enough significant examples of 

2 cultural and historic resources within the State of 

3 North Dakota to merit the involvement of the Fed4 eral Government in developing programs and 

5 projects in cooperation with the Northern Plains 

6 Heritage Foundation, the State, and other local and 

7 governmental entities to adequately conserve, pro8 tect, and interpret the heritage of the area for the 

9 educational and recreational benefit of present and 

10 future generations, while providing opportunities for 

11 education and revitalization; 

12 (19) a western expansion, native cultures herit13 age area centered in western North Dakota is a suit14 able and feasible management option to— 

15 (A) increase collaboration; 

16 (B) promote heritage tourism; and 

17 (C) build on the established partnerships 

18 among historic preservation organizations in the 

19 State of North Dakota; 

20 (20) a congressionally established heritage area 

21 and the support of the National Park Service and 

22 other Federal agencies is critical to the preservation 

23 of the historic resources in western North Dakota; 

24 (21) the Northern Plains Heritage Foundation 

25 would be an appropriate management entity to over-
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1 see the development of the Northern Plains National 

2 Heritage Area; 

3 (22) the State, local governments, and private 

4 sector interests— 

5 (A) have embraced the heritage area con6 cept; and 

7 (B) desire to enter into a partnership with 

8 the Federal Government to preserve, protect, 

9 and develop the Heritage Area for public ben10 efit; and 

11 (23) the Heritage Area would complement and 

12 enhance the Lewis and Clark-related resources with13 in the National Park Service, especially the Knife 

14 River Indian Villages National Historical Site. 

15 (b) PURPOSE.—The purpose of this Act is to estab16 lish the Heritage Area— 

17 (1) to encourage and facilitate collaboration 

18 among the facilities, sites, organizations, govern19 mental entities, and educational institutions within 

20 the Heritage Area to— 

21 (A) promote heritage tourism; and 

22 (B) develop educational and cultural pro23 grams for the public; 

24 (2) to preserve and interpret for the educational 

25 and inspirational benefit of present and future gen-
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1 erations the unique and significant contributions to 

2 the heritage of the United States of certain historic 

3 and cultural land, structures, facilities, and sites 

4 within the Heritage Area; 

5 (3) to encourage within the Heritage Area a 

6 broad range of economic opportunities enhancing the 

7 quality of life for present and future generations; 

8 (4) to provide a management framework to as9 sist the State, political subdivisions of the State, 

10 other areas, and private organizations in— 

11 (A) preparing and implementing an inte12 grated management plan to conserve the Herit13 age Area; and 

14 (B) developing policies and programs that 

15 will preserve, enhance, and interpret the cul16 tural, historical, natural, recreation, and scenic 

17 resources of the Heritage Area; and 

18 (5) to authorize the Secretary to provide finan19 cial and technical assistance to the State, political 

20 subdivisions of the State, and private organizations 

21 in preparing and implementing the management 

22 plan. 

23 SEC. 3. DEFINITIONS. 

24 In this Act: 
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1 (1) BOARD.—The term ‘‘Board’’ means the 

2 Board of Directors of the Northern Plains Heritage 

3 Foundation. 

4 (2) FINANCIAL ASSISTANCE.—The term ‘‘finan5 cial assistance’’ means amounts appropriated by 

6 Congress and made available to the management en7 tity for the purpose of preparing and implementing 

8 the management plan. 

9 (3) HERITAGE AREA.—The term ‘‘Heritage 

10 Area’’ means the Northern Plains National Heritage 

11 Area established by section 4(a). 

12 (4) MANAGEMENT ENTITY.—The term ‘‘man13 agement entity’’ means the management entity for 

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

15 (5) MANAGEMENT PLAN.—The term ‘‘manage16 ment plan’’ means the management plan for the 

17 Heritage Area developed under section 6. 

18 (6) PARTNER.—The term ‘‘partner’’ means a 

19 Federal, State, or local governmental entity, organi20 zation, private industry, educational institution, or 

21 individual involved in promoting the conservation 

22 and preservation of the cultural and natural re23 sources of the Heritage Area. 

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

25 the Secretary of the Interior. 
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1 (8) STATE.—The term ‘‘State’’ means the State 

2 of North Dakota. 

3 (9) TECHNICAL ASSISTANCE.—The term ‘‘tech4 nical assistance’’ means any guidance, advice, help, 

5 or aid, other than financial assistance, provided by 

6 the Secretary. 

7 SEC. 4. NORTHERN PLAINS NATIONAL HERITAGE AREA. 

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

9 State the Northern Plains National Heritage Area. 

10 (b) BOUNDARIES.—The Heritage Area shall consist 

11 of— 

12 (1) a core area consisting of resources in 

13 Burleigh, Morton, Oliver, Mercer, and McLean 

14 Counties in North Dakota; and 

15 (2) any sites, buildings, and districts within the 

16 core area recommended for inclusion in the Heritage 

17 Area by the management plan. 

18 (c) MAP.—A map of the Heritage Area shall be— 

19 (1) included in the management plan; and 

20 (2) on file in the appropriate offices of the Na21 tional Park Service. 

22 (d) MANAGEMENT ENTITY.—The management entity 

23 for the Heritage Area shall be the Northern Plains Herit24 age Foundation, a nonprofit corporation established under 

25 the laws of the State. 
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1 SEC. 5. AUTHORITIES AND DUTIES OF THE MANAGEMENT 

2 ENTITY. 

3 (a) AUTHORITIES.—For purposes of implementing 

4 the management plan, the management entity may use 

5 amounts made available under this Act to— 

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

7 agreements with, the State, political subdivisions of 

8 the State, private organizations, or any person; 

9 (2) hire and compensate staff; and 

10 (3) contract for goods and services. 

11 (b) DUTIES.—The management entity shall— 

12 (1) in accordance with section 6, develop and 

13 submit to the Secretary for approval the proposed 

14 management plan; 

15 (2) give priority to implementing actions cov16 ered by the management plan, including assisting 

17 units of government and nonprofit organizations in 

18 preserving resources within the Heritage Area; 

19 (3) in developing and implementing the man20 agement plan, consider the interests of diverse gov21 ernmental, business, and nonprofit groups within the 

22 Heritage Area; 

23 (4) maintain a collaboration among the part24 ners to— 

25 (A) promote heritage tourism; and 
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1 (B) assist partners in developing edu2 cational and cultural programs for the public; 

3 (5) encourage economic viability in the Heritage 

4 Area that is consistent with the goals of the manage5 ment plan; 

6 (6) assist units of government and nonprofit or7 ganizations in— 

8 (A) establishing and maintaining interpre9 tive exhibits in the Heritage Area; 

10 (B) developing recreational resources in 

11 the Heritage Area; 

12 (C) increasing public awareness of and ap13 preciation for the historical, natural, and archi14 tectural resources and sites in the Heritage 

15 Area; and 

16 (D) restoring historic buildings that relate 

17 to the purposes of the Heritage Area; 

18 (7) conduct public meetings at least quarterly 

19 regarding the implementation of the management 

20 plan; 

21 (8) submit to the Secretary substantial amend22 ments to the management plan for approval; and 

23 (9) for any year in which Federal funds have 

24 been received under this Act— 
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1 (A) submit an annual report to the Sec2 retary that describes the accomplishments, ex3 penses, and income of the management entity; 

4 (B) make available to the Secretary for 

5 audit all records relating to the expenditure of 

6 the funds and any matching funds; and 

7 (C) require, with respect to all agreements 

8 authorizing expenditure of Federal funds by 

9 other organizations, that the organizations re10 ceiving the funds make available to the Sec11 retary for audit all records concerning the ex12 penditure of the funds. 

13 (c) USE OF FEDERAL FUNDS.— 

14 (1) IN GENERAL.—The management entity 

15 shall not use Federal funds made available to the 

16 management entity under this Act to acquire real 

17 property or an interest in real property. 

18 (2) OTHER SOURCES.—Nothing in this Act pre19 cludes the management entity from using Federal 

20 funds from other sources for authorized purposes. 

21 SEC. 6. MANAGEMENT PLAN. 

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

23 date of enactment of this Act, the management entity shall 

24 submit to the Secretary for approval a proposed manage25 ment plan for the Heritage Area. 
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1 (b) REQUIREMENTS.—The management plan shall— 

2 (1) incorporate an integrated and cooperative 

3 approach for the protection, enhancement, and inter4 pretation of the natural, cultural, historic, scenic, 

5 and recreational resources of the Heritage Area; 

6 (2) take into consideration State and local 

7 plans; 

8 (3) involve residents, public agencies, and pri9 vate organizations in the Heritage Area; and 

10 (4) include— 

11 (A) an inventory of— 

12 (i) the resources located the in core 

13 area described in section 4(b)(1); and 

14 (ii) any other property in the core 

15 area that— 

16 (I) is related to the themes of the 

17 Heritage Area; and 

18 (II) should be preserved, re19 stored, managed, or maintained be20 cause of the significance of the prop21 erty; 

22 (B) an assessment of cultural landscapes 

23 within the Heritage Area; 

24 (C) provisions for the protection, interpre25 tation, and enjoyment of the resources of the 
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1 Heritage Area consistent with the purposes of 

2 this Act; 

3 (D) an interpretation plan for the Heritage 

4 Area; 

5 (E) a program for the implementation of 

6 the management plan by the management enti7 ty that includes a description of— 

8 (i) actions to facilitate ongoing col9 laboration among the partners to— 

10 (I) promote heritage tourism; 

11 and 

12 (II) develop educational and cul13 tural programs for the public; 

14 (ii) actions to assist partners with 

15 planning for restoration and construction; 

16 and 

17 (iii) specific commitments of the part18 ners for the first 5 years of operation; 

19 (F) the identification of sources of funding 

20 for implementing the management plan; and 

21 (G) a description and evaluation of the 

22 management entity, including the membership 

23 and organizational structure of the manage24 ment entity. 
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1 (c) DEADLINE.—If a proposed management plan is 

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

3 after the date of the enactment of this Act, the manage4 ment entity shall be ineligible to receive additional funding 

5 under this Act until the date on which the Secretary re6 ceives the proposed management plan. 

7 (d) APPROVAL OR DISAPPROVAL OF MANAGEMENT

8 PLAN.— 

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

10 the date of receipt of the management plan under 

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

12 the State, shall approve or disapprove the manage13 ment plan. 

14 (2) ACTION FOLLOWING DISAPPROVAL.—If the 

15 Secretary disapproves the management plan under 

16 paragraph (1), the Secretary shall— 

17 (A) advise the management entity in writ18 ing of the reasons for the disapproval; 

19 (B) make recommendations for revisions to 

20 the management plan; and 

21 (C) not later than 90 days after the receipt 

22 of any proposed revision of the management 

23 plan from the management entity, approve or 

24 disapprove the proposed revision. 

25 (e) AMENDMENTS.— 
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1 (1) IN GENERAL.—The Secretary shall approve 

2 or disapprove each amendment to the management 

3 plan that the Secretary determines may make a sub4 stantial change to the management plan. 

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

6 under this Act shall not be expended by the manage7 ment entity to implement an amendment described 

8 in paragraph (1) until the Secretary approves the 

9 amendment. 

10 SEC. 7. TECHNICAL AND FINANCIAL ASSISTANCE; OTHER 

11 FEDERAL AGENCIES. 

12 (a) TECHNICAL AND FINANCIAL ASSISTANCE.— 

13 (1) IN GENERAL.—On request of the manage14 ment entity, the Secretary may provide technical as15 sistance, on a reimbursable or nonreimbursable 

16 basis, and financial assistance, to the Heritage Area 

17 for the development and implementation of the man18 agement plan. 

19 (2) PRIORITY FOR ASSISTANCE.—In providing 

20 assistance under paragraph (1), the Secretary shall 

21 give priority to actions that assist in— 

22 (A) conserving the significant cultural, his23 toric, natural, and scenic resources of the Her24 itage Area; and 
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1 (B) providing educational, interpretive, and 

2 recreational opportunities consistent with the 

3 purposes of the Heritage Area. 

4 (3) COOPERATIVE AGREEMENTS.—The Sec5 retary may enter into cooperative agreements with 

6 the management entity and other public or private 

7 entities to provide assistance under paragraph (1). 

8 (b) OTHER FEDERAL AGENCIES.—Any Federal 

9 agency conducting or supporting an activity that directly 

10 affects the Heritage Area shall— 

11 (1) consult with the Secretary and the manage12 ment entity regarding the activity; 

13 (2)(A) cooperate with the Secretary and the 

14 management entity in carrying out the duties of the 

15 Federal agency under this Act; and 

16 (B) to the maximum extent practicable, coordi17 nate the activity with the carrying out of those du18 ties; and 

19 (3) to the maximum extent practicable, conduct 

20 the activity in a manner that the management entity 

21 determines will not have an adverse effect on the 

22 Heritage Area. 
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1 SEC. 8. REQUIREMENTS FOR INCLUSION OF PRIVATE 

2 PROPERTY. 

3 (a) NOTIFICATION AND CONSENT OF PROPERTY

4 OWNERS REQUIRED.—No privately owned property shall 

5 be preserved, conserved, or promoted by the management 

6 plan for the Heritage Area until— 

7 (1) the management entity notifies the owner of 

8 the private property in writing; and 

9 (2) the owner of the private property provides 

10 to the management entity written consent for the 

11 preservation, conservation, or promotion. 

12 (b) LANDOWNER WITHDRAWAL.—Private property 

13 included within the boundary of the Heritage Area shall 

14 immediately be withdrawn from the Heritage Area if the 

15 owner of the property submits a written request to the 

16 management entity. 

17 SEC. 9. PRIVATE PROPERTY PROTECTION. 

18 (a) ACCESS TO PRIVATE PROPERTY.—Nothing in 

19 this Act— 

20 (1) requires any private property owner to allow 

21 public access (including Federal, State, or local gov22 ernment access) to the private property; or 

23 (2) modifies any provision of Federal, State, or 

24 local law with regard to public access to or use of 

25 private property. 
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1 (b) LIABILITY.—Designation of the Heritage Area 

2 shall not impose any liability on, or to have any effect on 

3 any liability under any other law of, any private property 

4 owner with respect to any persons injured on the private 

5 property. 

6 (c) RECOGNITION OF AUTHORITY TO CONTROL

7 LAND USE.—Nothing in this Act modifies the authority 

8 of the Federal Government or State or local governments 

9 to regulate land use. 

10 (d) PARTICIPATION OF PRIVATE PROPERTY OWNERS

11 IN HERITAGE AREA.—Nothing in this Act requires the 

12 owner of any private property located within the bound13 aries of the Heritage Area to participate in or be associ14 ated with the Heritage Area. 

15 (e) EFFECT OF ESTABLISHMENT.— 

16 (1) IN GENERAL.—The boundaries designated 

17 for the Heritage Area represent the area within 

18 which Federal funds made available to carry out this 

19 Act may be expended. 

20 (2) REGULATORY AUTHORITY.—The establish21 ment of the Heritage Area and the boundaries of the 

22 Heritage Area do not provide any regulatory author23 ity that would not otherwise exist to govern land use 

24 within the Heritage Area or the viewshed of the 
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1 Heritage Area by the Secretary, the National Park 

2 Service, or the management entity. 

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 

6 more than $1,000,000 may be appropriated for any fiscal 

7 year. 

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

9 share of the cost of any activity carried out using any as10 sistance made available under this Act shall be not more 

11 than 50 percent. 

12 SEC. 11. TERMINATION OF AUTHORITY. 

13 The authority of the Secretary to provide assistance 

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

15 after the date on which funds are first made available to 

16 carry out this Act. 

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