II 

109TH CONGRESS 

1ST SESSION S. 1898 

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 

OCTOBER 20, 2005 

Mr. KERRY (for himself, Mr. KENNEDY, Mr. GREGG, and Mr. SUNUNU) 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 that— 

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

9 encompassing 36 communities in Massachusetts and 
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1 6 communities in New Hampshire have made impor2 tant and distinctive contributions to the national 

3 character of America; 

4 (2) recognizing and protecting those legacies 

5 will help sustain the quality of life in the future; 

6 (3) significant legacies of the area include— 

7 (A) the early settlement of the United 

8 States and the early evolution of democratic 

9 forms of government; 

10 (B) the development of intellectual tradi11 tions of the philosophies of freedom, democracy, 

12 and conservation; 

13 (C) the evolution of social ideas and reli14 gious freedom; 

15 (D) the role of immigrants and industry in 

16 contributing to ethnic diversity; 

17 (E) Native American and African Amer18 ican resources; and 

19 (F) the role of innovation and invention in 

20 cottage industries; 

21 (4) the communities in the area know the value 

22 of the legacies but need a cooperative framework 

23 and technical assistance to achieve important goals 

24 by working together; 
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1 (5) there is a Federal interest in supporting the 

2 development of a regional framework to assist the 

3 States, local governments, local organizations, and 

4 other persons in the region with conserving, pro5 tecting, and bringing recognition to the heritage of 

6 the area for the educational and recreation benefit 

7 of future generations of Americans; 

8 (6) significant examples of the area’s resources 

9 include— 

10 (A) Walden Pond State Reservation in 

11 Concord, Massachusetts; 

12 (B) Minute Man National Historical Park 

13 in the State of Massachusetts; 

14 (C) Shaker Villages in Shirley and Har15 vard in the State of Massachusetts; 

16 (D) Wachusett Mountain State Reserva17 tion, Fitchburg Art Museum, and Barrett 

18 House in New Ipswich, New Hampshire; and 

19 (E) Beaver Brook Farms and Lost City of 

20 Monson in Hollis, New Hampshire; 

21 (7) the study entitled ‘‘Freedom’s Way Herit22 age Area Feasibility Study’’, prepared by the Free23 dom’s Way Heritage Association, Inc., and the Mas24 sachusetts Department of Environmental Manage25 ment, demonstrates that there are sufficient nation-
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1 ally distinctive historical resources necessary to es2 tablish the Freedom’s Way National Heritage Area; 

3 and 

4 (8) the Freedom’s Way Heritage Association, 

5 Inc., should oversee the development of the Free6 dom’s Way National Heritage Area. 

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

8 (1) to foster a close working relationship be9 tween the Secretary and all levels of government, the 

10 private sector, and local communities in the States 

11 of Massachusetts and New Hampshire; 

12 (2) to assist the entities referred to in para13 graph (1) in preserving the special historic identity 

14 of the Heritage Area; and 

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

16 the cultural, historical, and natural resources of the 

17 Heritage Area for the educational and inspirational 

18 benefit of future generations. 

19 SEC. 3. DEFINITIONS. 

20 In this Act: 

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

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

23 Area established by section 4(a). 
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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 ‘‘Freedom’s Way National Heritage Area’’, 

9 numbered FRWAP–75/80,000, and dated July 

10 2002. 

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 
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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 enactment of this Act, the Secretary 

6 shall publish in the Federal Register a map and 

7 legal description 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 enactment of this Act, the management entity shall 

17 develop and submit to the Secretary for approval a man18 agement plan for the Heritage Area that presents com19 prehensive recommendations and strategies for the con20 servation, funding, management, and development of the 

21 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; 
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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 
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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 role of the manage8 ment entity and the roles of agencies and 

9 organizations that are involved in the im10 plementation of the management plan; 

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 
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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 
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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. 
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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 organizations, 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— 
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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; 
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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 Fed-
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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 ON 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. 
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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— 
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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. 
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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 enactment of this Act. 

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