II 

Calendar No. 12 

109TH CONGRESS 

1ST SESSION S. 204 

[Report No. 109-5] 

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 

FEBRUARY 16, 2005 

Reported by Mr. DOMENICI, without amendment 

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’’. 
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1 SEC. 2. DEFINITIONS. 

2 In this Act: 

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

4 Area’’ means the Atchafalaya National Heritage 

5 Area established by section 3(a). 

6 (2) LOCAL COORDINATING ENTITY.—The term 

7 ‘‘local coordinating entity’’ means the local coordi8 nating entity for the Heritage Area designated by 

9 section 3(c). 

10 (3) MANAGEMENT PLAN.—The term ‘‘manage11 ment plan’’ means the management plan for the 

12 Heritage Area developed under section 5. 

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

14 the Secretary of the Interior. 

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

16 of Louisiana. 

17 SEC. 3. ATCHAFALAYA NATIONAL HERITAGE AREA. 

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

19 State the Atchafalaya National Heritage Area. 

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

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

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

23 Coupee, Iberville, Assumption, Terrebonne, Lafayette, 

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

25 (c) LOCAL COORDINATING ENTITY.— 
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1 (1) IN GENERAL.—The Atchafalaya Trace 

2 Commission shall be the local coordinating entity for 

3 the Heritage Area. 

4 (2) COMPOSITION.—The local coordinating enti5 ty shall be composed of 13 members appointed by 

6 the governing authority of each parish within the 

7 Heritage Area. 

8 SEC. 4. AUTHORITIES AND DUTIES OF THE LOCAL COORDI9 NATING ENTITY. 

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

11 and implementing the management plan and otherwise 

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

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

14 agreements with, the State, units of local govern15 ment, and private organizations; 

16 (2) hire and compensate staff; and 

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

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

19 (1) submit to the Secretary for approval a man20 agement plan; 

21 (2) implement the management plan, including 

22 providing assistance to units of government and oth23 ers in— 
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1 (A) carrying out programs that recognize 

2 important resource values within the Heritage 

3 Area; 

4 (B) encouraging sustainable economic de5 velopment within the Heritage Area; 

6 (C) establishing and maintaining interpre7 tive sites within the Heritage Area; and 

8 (D) increasing public awareness of, and 

9 appreciation for the natural, historic, and cul10 tural resources of, the Heritage Area; 

11 (3) adopt bylaws governing the conduct of the 

12 local coordinating entity; and 

13 (4) for any year for which Federal funds are re14 ceived under this Act, submit to the Secretary a re15 port that describes, for the year— 

16 (A) the accomplishments of the local co17 ordinating entity; and 

18 (B) the expenses and income of the local 

19 coordinating entity. 

20 (c) ACQUISITION OF REAL PROPERTY.—The local co21 ordinating entity shall not use Federal funds received 

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

23 real property. 

24 (d) PUBLIC MEETINGS.—The local coordinating enti25 ty shall conduct public meetings at least quarterly. 
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1 SEC. 5. MANAGEMENT PLAN. 

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

3 develop a management plan for the Heritage Area that 

4 incorporates an integrated and cooperative approach to 

5 protect, interpret, and enhance the natural, scenic, cul6 tural, historic, and recreational resources of the Heritage 

7 Area. 

8 (b) CONSIDERATION OF OTHER PLANS AND AC9 TIONS.—In developing the management plan, the local co10 ordinating entity shall— 

11 (1) take into consideration State and local 

12 plans; and 

13 (2) invite the participation of residents, public 

14 agencies, and private organizations in the Heritage 

15 Area. 

16 (c) CONTENTS.—The management plan shall in17 clude— 

18 (1) an inventory of the resources in the Herit19 age Area, including— 

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

21 that— 

22 (i) relates to the purposes of the Her23 itage Area; and 

24 (ii) should be preserved, restored, 

25 managed, or maintained because of the sig26 nificance of the property; and 
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1 (B) an assessment of cultural landscapes 

2 within the Heritage Area; 

3 (2) provisions for the protection, interpretation, 

4 and enjoyment of the resources of the Heritage Area 

5 consistent with this Act; 

6 (3) an interpretation plan for the Heritage 

7 Area; and 

8 (4) a program for implementation of the man9 agement plan that includes— 

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

11 government, private organizations, and public12 private partnerships to protect the resources of 

13 the Heritage Area; and 

14 (B) the identification of existing and po15 tential sources of funding for implementing the 

16 plan. 

17 (d) SUBMISSION TO SECRETARY FOR APPROVAL.— 

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

19 the date of enactment of this Act, the local coordi20 nating entity shall submit the management plan to 

21 the Secretary for approval. 

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

23 management plan is not submitted to the Secretary 

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

25 shall not provide any additional funding under this 
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1 Act until a management plan for the Heritage Area 

2 is submitted to the Secretary. 

3 (e) APPROVAL.— 

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

5 receiving the management plan submitted under 

6 subsection (d)(1), the Secretary, in consultation with 

7 the State, shall approve or disapprove the manage8 ment plan. 

9 (2) ACTION FOLLOWING DISAPPROVAL.— 

10 (A) IN GENERAL.—If the Secretary dis11 approves a management plan under paragraph 

12 (1), the Secretary shall— 

13 (i) advise the local coordinating entity 

14 in writing of the reasons for the dis15 approval; 

16 (ii) make recommendations for revi17 sions to the management plan; and 

18 (iii) allow the local coordinating entity 

19 to submit to the Secretary revisions to the 

20 management plan. 

21 (B) DEADLINE FOR APPROVAL OF REVI22 SION.—Not later than 90 days after the date on 

23 which a revision is submitted under subpara24 graph (A)(iii), the Secretary shall approve or 

25 disapprove the revision. 
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1 (f) REVISION.— 

2 (1) IN GENERAL.—After approval by the Sec3 retary of a management plan, the local coordinating 

4 entity shall periodically— 

5 (A) review the management plan; and 

6 (B) submit to the Secretary, for review 

7 and approval by the Secretary, the rec8 ommendations of the local coordinating entity 

9 for any revisions to the management plan that 

10 the local coordinating entity considers to be ap11 propriate. 

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

13 available under this title shall be used to implement 

14 any revision proposed by the local coordinating enti15 ty under paragraph (1)(B) until the Secretary ap16 proves the revision. 

17 SEC. 6. REQUIREMENTS FOR INCLUSION OF PRIVATE 

18 PROPERTY. 

19 (a) NOTIFICATION AND CONSENT OF PROPERTY

20 OWNERS REQUIRED.—No privately owned property shall 

21 be preserved, conserved, or promoted by the management 

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

23 property has been notified in writing by the management 

24 entity and has given written consent to the management 

25 entity for such preservation, conservation, or promotion. 
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1 (b) LANDOWNER WITHDRAW.—Any owner of private 

2 property included within the boundary of the Heritage 

3 Area shall have that private property immediately removed 

4 from the boundary by submitting a written request to the 

5 management entity. 

6 SEC. 7. PRIVATE PROPERTY PROTECTION. 

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

8 this Act shall be construed to— 

9 (1) require any private property owner to allow 

10 public access (including Federal, State, or local gov11 ernment access) to such private property; or 

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

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

14 private property. 

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

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

17 any effect on any liability under any other law, of any pri18 vate property owner with respect to any persons injured 

19 on that private property. 

20 (c) PARTICIPATION OF PRIVATE PROPERTY OWNERS

21 IN HERITAGE AREA.—Nothing in this Act shall be con22 strued to require the owner of any private property located 

23 within the boundaries of the Heritage Area to participate 

24 in or be associated with the Heritage Area. 
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1 SEC. 8. EFFECT OF ACT. 

2 Nothing in this Act or in establishment of the Herit3 age Area— 

4 (1) grants any Federal agency regulatory au5 thority over any interest in the Heritage Area, un6 less cooperatively agreed on by all involved parties; 

7 (2) modifies, enlarges, or diminishes any au8 thority of the Federal Government or a State or 

9 local government to regulate any use of land as pro10 vided for by law (including regulations) in existence 

11 on the date of enactment of this Act; 

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

13 the local coordinating entity; 

14 (4) imposes any environmental, occupational, 

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

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

17 enactment of this Act that would be applicable had 

18 the Heritage Area not been established; 

19 (5)(A) imposes any change in Federal environ20 mental quality standards; or 

21 (B) authorizes designation of any portion of the 

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

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

24 1 for the purposes of that part solely by reason of 

25 the establishment of the Heritage Area; 
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1 (6) authorizes any Federal or State agency to 

2 impose more restrictive water use designations, or 

3 water quality standards on uses of or discharges to, 

4 waters of the United States or waters of the State 

5 within or adjacent to the Heritage Area solely by 

6 reason of the establishment of the Heritage Area; 

7 (7) abridges, restricts, or alters any applicable 

8 rule, standard, or review procedure for permitting of 

9 facilities within or adjacent to the Heritage Area; or 

10 (8) affects the continuing use and operation, 

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

12 of any public utility or common carrier. 

13 SEC. 9. REPORTS. 

14 For any year in which Federal funds have been made 

15 available under this Act, the local coordinating entity shall 

16 submit to the Secretary a report that describes— 

17 (1) the accomplishments of the local coordi18 nating entity; and 

19 (2) the expenses and income of the local coordi20 nating entity. 

21 SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 

22 (a) IN GENERAL.—There is authorized to be appro23 priated to carry out this Act $10,000,000, of which not 

24 more than $1,000,000 shall be made available for any fis25 cal year. 
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1 (b) COST-SHARING REQUIREMENT.—The Federal 

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

3 Act shall be not more than 50 percent. 

4 SEC. 11. TERMINATION OF AUTHORITY. 

5 The authority of the Secretary to provide assistance 

6 to the local coordinating entity under this Act terminates 

7 on the date that is 15 years after the date of enactment 

8 of this Act. 

Calendar No. 12 

109TH CONGRESS 

1ST SESSION S. 204 

[Report No. 109-5] 

A BILL 

To establish the Atchafalaya National Heritage 

Area in the State of Louisiana. 

FEBRUARY 16, 2005 

Reported without amendment