II 

109TH CONGRESS 

1ST SESSION S. 204 

To establish the Atchafalaya National Heritage Area in the State of 

Louisiana. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 31, 2005 

Ms. LANDRIEU (for herself and Mr. VITTER) introduced the following bill; 

which was read twice and referred to the Committee on Energy and Natural Resources 

A BILL 

To establish the Atchafalaya National Heritage Area in the 

State of Louisiana. 

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 ‘‘Atchafalaya National 

5 Heritage Area Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

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

9 Area’’ means the Atchafalaya National Heritage 

10 Area established by section 3(a). 
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1 (2) LOCAL COORDINATING ENTITY.—The term 

2 ‘‘local coordinating entity’’ means the local coordi3 nating entity for the Heritage Area designated by 

4 section 3(c). 

5 (3) MANAGEMENT PLAN.—The term ‘‘manage6 ment plan’’ means the management plan for the 

7 Heritage Area developed under section 5. 

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

9 the Secretary of the Interior. 

10 (5) STATE.—The term ‘‘State’’ means the State 

11 of Louisiana. 

12 SEC. 3. ATCHAFALAYA NATIONAL HERITAGE AREA. 

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

14 State the Atchafalaya National Heritage Area. 

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

16 of the whole of the following parishes in the State: St. 

17 Mary, Iberia, St. Martin, St. Landry, Avoyelles, Pointe 

18 Coupee, Iberville, Assumption, Terrebonne, Lafayette, 

19 West Baton Rouge, Concordia, and East Baton Rouge. 

20 (c) LOCAL COORDINATING ENTITY.— 

21 (1) IN GENERAL.—The Atchafalaya Trace 

22 Commission shall be the local coordinating entity for 

23 the Heritage Area. 

24 (2) COMPOSITION.—The local coordinating enti25 ty shall be composed of 13 members appointed by 
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1 the governing authority of each parish within the 

2 Heritage Area. 

3 SEC. 4. AUTHORITIES AND DUTIES OF THE LOCAL COORDI4 NATING ENTITY. 

5 (a) AUTHORITIES.—For the purposes of developing 

6 and implementing the management plan and otherwise 

7 carrying out this Act, the local coordinating entity may— 

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

9 agreements with, the State, units of local govern10 ment, and private organizations; 

11 (2) hire and compensate staff; and 

12 (3) enter into contracts for goods and services. 

13 (b) DUTIES.—The local coordinating entity shall— 

14 (1) submit to the Secretary for approval a man15 agement plan; 

16 (2) implement the management plan, including 

17 providing assistance to units of government and oth18 ers in— 

19 (A) carrying out programs that recognize 

20 important resource values within the Heritage 

21 Area; 

22 (B) encouraging sustainable economic de23 velopment within the Heritage Area; 

24 (C) establishing and maintaining interpre25 tive sites within the Heritage Area; and 
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1 (D) increasing public awareness of, and 

2 appreciation for the natural, historic, and cul3 tural resources of, the Heritage Area; 

4 (3) adopt bylaws governing the conduct of the 

5 local coordinating entity; and 

6 (4) for any year for which Federal funds are re7 ceived under this Act, submit to the Secretary a re8 port that describes, for the year— 

9 (A) the accomplishments of the local co10 ordinating entity; and 

11 (B) the expenses and income of the local 

12 coordinating entity. 

13 (c) ACQUISITION OF REAL PROPERTY.—The local co14 ordinating entity shall not use Federal funds received 

15 under this Act to acquire real property or an interest in 

16 real property. 

17 (d) PUBLIC MEETINGS.—The local coordinating enti18 ty shall conduct public meetings at least quarterly. 

19 SEC. 5. MANAGEMENT PLAN. 

20 (a) IN GENERAL.—The local coordinating entity shall 

21 develop a management plan for the Heritage Area that 

22 incorporates an integrated and cooperative approach to 

23 protect, interpret, and enhance the natural, scenic, cul24 tural, historic, and recreational resources of the Heritage 

25 Area. 
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1 (b) CONSIDERATION OF OTHER PLANS AND AC2 TIONS.—In developing the management plan, the local co3 ordinating entity shall— 

4 (1) take into consideration State and local 

5 plans; and 

6 (2) invite the participation of residents, public 

7 agencies, and private organizations in the Heritage 

8 Area. 

9 (c) CONTENTS.—The management plan shall in10 clude— 

11 (1) an inventory of the resources in the Herit12 age Area, including— 

13 (A) a list of property in the Heritage Area 

14 that— 

15 (i) relates to the purposes of the Her16 itage Area; and 

17 (ii) should be preserved, restored, 

18 managed, or maintained because of the sig19 nificance of the property; and 

20 (B) an assessment of cultural landscapes 

21 within the Heritage Area; 

22 (2) provisions for the protection, interpretation, 

23 and enjoyment of the resources of the Heritage Area 

24 consistent with this Act; 
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1 (3) an interpretation plan for the Heritage 

2 Area; and 

3 (4) a program for implementation of the man4 agement plan that includes— 

5 (A) actions to be carried out by units of 

6 government, private organizations, and public7 private partnerships to protect the resources of 

8 the Heritage Area; and 

9 (B) the identification of existing and po10 tential sources of funding for implementing the 

11 plan. 

12 (d) SUBMISSION TO SECRETARY FOR APPROVAL.— 

13 (1) IN GENERAL.—Not later than 3 years after 

14 the date of enactment of this Act, the local coordi15 nating entity shall submit the management plan to 

16 the Secretary for approval. 

17 (2) EFFECT OF FAILURE TO SUBMIT.—If a 

18 management plan is not submitted to the Secretary 

19 by the date specified in paragraph (1), the Secretary 

20 shall not provide any additional funding under this 

21 Act until a management plan for the Heritage Area 

22 is submitted to the Secretary. 

23 (e) APPROVAL.— 

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

25 receiving the management plan submitted under 
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1 subsection (d)(1), the Secretary, in consultation with 

2 the State, shall approve or disapprove the manage3 ment plan. 

4 (2) ACTION FOLLOWING DISAPPROVAL.— 

5 (A) IN GENERAL.—If the Secretary dis6 approves a management plan under paragraph 

7 (1), the Secretary shall— 

8 (i) advise the local coordinating entity 

9 in writing of the reasons for the dis10 approval; 

11 (ii) make recommendations for revi12 sions to the management plan; and 

13 (iii) allow the local coordinating entity 

14 to submit to the Secretary revisions to the 

15 management plan. 

16 (B) DEADLINE FOR APPROVAL OF REVI17 SION.—Not later than 90 days after the date on 

18 which a revision is submitted under subpara19 graph (A)(iii), the Secretary shall approve or 

20 disapprove the revision. 

21 (f) REVISION.— 

22 (1) IN GENERAL.—After approval by the Sec23 retary of a management plan, the local coordinating 

24 entity shall periodically— 

25 (A) review the management plan; and 
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1 (B) submit to the Secretary, for review 

2 and approval by the Secretary, the rec3 ommendations of the local coordinating entity 

4 for any revisions to the management plan that 

5 the local coordinating entity considers to be ap6 propriate. 

7 (2) EXPENDITURE OF FUNDS.—No funds made 

8 available under this title shall be used to implement 

9 any revision proposed by the local coordinating enti10 ty under paragraph (1)(B) until the Secretary ap11 proves the revision. 

12 SEC. 6. REQUIREMENTS FOR INCLUSION OF PRIVATE 

13 PROPERTY. 

14 (a) NOTIFICATION AND CONSENT OF PROPERTY

15 OWNERS REQUIRED.—No privately owned property shall 

16 be preserved, conserved, or promoted by the management 

17 plan for the Heritage Area until the owner of that private 

18 property has been notified in writing by the management 

19 entity and has given written consent to the management 

20 entity for such preservation, conservation, or promotion. 

21 (b) LANDOWNER WITHDRAW.—Any owner of private 

22 property included within the boundary of the Heritage 

23 Area shall have that private property immediately removed 

24 from the boundary by submitting a written request to the 

25 management entity. 
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1 SEC. 7. PRIVATE PROPERTY PROTECTION. 

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

3 this Act shall be construed to— 

4 (1) require any private property owner to allow 

5 public access (including Federal, State, or local gov6 ernment access) to such private property; or 

7 (2) modify any provision of Federal, State, or 

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

9 private property. 

10 (b) LIABILITY.—Designation of the Heritage Area 

11 shall not be considered to create any liability, or to have 

12 any effect on any liability under any other law, of any pri13 vate property owner with respect to any persons injured 

14 on that private property. 

15 (c) PARTICIPATION OF PRIVATE PROPERTY OWNERS

16 IN HERITAGE AREA.—Nothing in this Act shall be con17 strued to require the owner of any private property located 

18 within the boundaries of the Heritage Area to participate 

19 in or be associated with the Heritage Area. 

20 SEC. 8. EFFECT OF ACT. 

21 Nothing in this Act or in establishment of the Herit22 age Area— 

23 (1) grants any Federal agency regulatory au24 thority over any interest in the Heritage Area, un25 less cooperatively agreed on by all involved parties; 
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1 (2) modifies, enlarges, or diminishes any au2 thority of the Federal Government or a State or 

3 local government to regulate any use of land as pro4 vided for by law (including regulations) in existence 

5 on the date of enactment of this Act; 

6 (3) grants any power of zoning or land use to 

7 the local coordinating entity; 

8 (4) imposes any environmental, occupational, 

9 safety, or other rule, standard, or permitting process 

10 that is different from those in effect on the date of 

11 enactment of this Act that would be applicable had 

12 the Heritage Area not been established; 

13 (5)(A) imposes any change in Federal environ14 mental quality standards; or 

15 (B) authorizes designation of any portion of the 

16 Heritage Area that is subject to part C of title I of 

17 the Clean Air Act (42 U.S.C. 7470 et seq.) as class 

18 1 for the purposes of that part solely by reason of 

19 the establishment of the Heritage Area; 

20 (6) authorizes any Federal or State agency to 

21 impose more restrictive water use designations, or 

22 water quality standards on uses of or discharges to, 

23 waters of the United States or waters of the State 

24 within or adjacent to the Heritage Area solely by 

25 reason of the establishment of the Heritage Area; 
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1 (7) abridges, restricts, or alters any applicable 

2 rule, standard, or review procedure for permitting of 

3 facilities within or adjacent to the Heritage Area; or 

4 (8) affects the continuing use and operation, 

5 where located on the date of enactment of this Act, 

6 of any public utility or common carrier. 

7 SEC. 9. REPORTS. 

8 For any year in which Federal funds have been made 

9 available under this Act, the local coordinating entity shall 

10 submit to the Secretary a report that describes— 

11 (1) the accomplishments of the local coordi12 nating entity; and 

13 (2) the expenses and income of the local coordi14 nating entity. 

15 SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 

16 (a) IN GENERAL.—There is authorized to be appro17 priated to carry out this Act $10,000,000, of which not 

18 more than $1,000,000 shall be made available for any fis19 cal year. 

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

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

22 Act shall be not more than 50 percent. 

23 SEC. 11. TERMINATION OF AUTHORITY. 

24 The authority of the Secretary to provide assistance 

25 to the local coordinating entity under this Act terminates 
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1 on the date that is 15 years after the date of enactment 

2 of this Act. 

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