IIB 

115TH CONGRESS 

2D SESSION H. R. 1791 

IN THE SENATE OF THE UNITED STATES 

JUNE 26, 2018 

Received; read twice and referred to the Committee on Energy and Natural 

Resources 

AN ACT 

To establish the Mountains to Sound Greenway National 

Heritage Area in the State of Washington, 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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Mountains to Sound 

3 Greenway National Heritage Act’’. 

4 SEC. 2. PURPOSES; CONSTRUCTION. 

5 The purposes of this Act include— 

6 (1) to recognize the national importance of the 

7 natural and cultural legacies of the area, as dem8 onstrated in the study entitled ‘‘Mountains to Sound 

9 Greenway National Heritage Area Feasibility 

10 Study’’ dated April 2012 and its addendum dated 

11 May 2014; 

12 (2) to recognize the heritage of natural resource 

13 conservation in the Pacific Northwest and in the 

14 Mountains to Sound Greenway; 

15 (3) to preserve, support, conserve, and interpret 

16 the legacies of natural resource conservation, com17 munity stewardship, and Indian tribes and nations 

18 from time immemorial, and reserved rights of Indian 

19 Tribes within the Mountains to Sound National Her20 itage Area; 

21 (4) to promote heritage, cultural, and rec22 reational tourism and to develop educational and 

23 cultural programs for visitors and the general public; 

24 (5) to recognize and interpret important events 

25 and geographic locations representing key develop26 ments in the creation of America, particularly the 


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1 settlement of the American West and the stories of 

2 diverse ethnic groups, Indian tribes, and others; 

3 (6) to enhance a cooperative management 

4 framework to assist Federal, State, local, and Tribal 

5 governments, the private sector, and citizens resid6 ing in the Heritage Area in conserving, supporting, 

7 managing, and enhancing natural and recreational 

8 sites in the Heritage Area; 

9 (7) to recognize and interpret the relationship 

10 between land and people, representing broad Amer11 ican ideals demonstrated through the integrity of ex12 isting resources within the Heritage Area; and 

13 (8) to support working relationships between 

14 public land managers and the community by cre15 ating relevant links between the National Park Serv16 ice, the Forest Service, other relevant Federal agen17 cies, Tribal governments, State and local govern18 ments and agencies, and community stakeholders 

19 within and surrounding the Heritage Area in order 

20 to protect, enhance, and interpret cultural and nat21 ural resources within the Heritage Area. 

22 SEC. 3. DEFINITIONS. 

23 In this Act: 


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

2 Area’’ means the Mountains to Sound Greenway Na3 tional Heritage Area established in this Act. 

4 (2) LOCAL COORDINATING ENTITY.—The term 

5 ‘‘local coordinating entity’’ means the entity selected 

6 by the Secretary under section 4(d). 

7 (3) MANAGEMENT PLAN.—The term ‘‘manage8 ment plan’’ means the management plan for the 

9 Heritage Area required under section 5. 

10 (4) MAP.—The term ‘‘Map’’ means the map en11 titled ‘‘Mountains to Sound Greenway National Her12 itage Area Proposed Boundary’’, numbered 584/ 

13 125,484, and dated August 2014. 

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

15 the Secretary of the Interior. 

16 (6) STATE.—The term ‘‘State’’ means the State 

17 of Washington. 

18 (7) TRIBE OR TRIBAL.—The terms ‘‘Tribe’’ or 

19 ‘‘Tribal’’ mean any federally recognized Indian tribe 

20 with cultural heritage and historic interests within 

21 the proposed Mountains to Sound Greenway Na22 tional Heritage Area, including the Snoqualmie, 

23 Yakama, Tulalip, Muckleshoot and Colville Indian 

24 tribes. 


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1 SEC. 4. DESIGNATION OF THE MOUNTAINS TO SOUND 

2 GREENWAY NATIONAL HERITAGE AREA. 

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

4 State the Mountains to Sound Greenway National Herit5 age Area. 

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

7 of land located in King and Kittitas Counties in the State, 

8 as generally depicted on the map. 

9 (c) MAP.—The map shall be on file and available for 

10 public inspection in the appropriate offices of the National 

11 Park Service, the United States Forest Service, and the 

12 local coordinating entity. 

13 (d) LOCAL COORDINATING ENTITY.—The Secretary 

14 shall designate a willing local unit of government, a con15 sortium of affected counties, Indian tribe, or a nonprofit 

16 organization to serve as the coordinating entity for the 

17 Heritage Area within 120 days of the date of the enact18 ment of this Act. 

19 SEC. 5. MANAGEMENT PLAN. 

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

21 date of the enactment of this Act, the local coordinating 

22 entity shall submit to the Secretary for approval a pro23 posed management plan for the Heritage Area. 

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

25 (1) incorporate an integrated and cooperative 

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1 pretation of the natural, cultural, historic, scenic, 

2 Tribal, and recreational resources of the Heritage 

3 Area; 

4 (2) take into consideration Federal, State, Trib5 al, and local plans, and treaty rights; and 

6 (3) include— 

7 (A) an inventory of the natural, historical, 

8 cultural, educational, scenic, and recreational 

9 resources of the Heritage Area, including an ac10 knowledgment of the exercise of Tribal treaty 

11 rights, that relate to the national importance 

12 and themes of the Heritage Area that should be 

13 conserved and enhanced; 

14 (B) a description of strategies and rec15 ommendations for conservation, funding, man16 agement, and development of the Heritage 

17 Area; 

18 (C) a description of the actions that Fed19 eral, State, local, and Tribal governments, pri20 vate organizations, and individuals have agreed 

21 to take to protect and interpret the natural, 

22 cultural, historical, scenic, and recreational re23 sources of the Heritage Area; 


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1 (D) a program of implementation for the 

2 management plan by the local coordinating en3 tity, including— 

4 (i) performance goals and ongoing 

5 performance evaluation; and 

6 (ii) commitments for implementation 

7 made by partners; 

8 (E) the identification of sources of funding 

9 for carrying out the management plan; 

10 (F) analysis and recommendations for 

11 means by which Federal, State, local, and Trib12 al programs may best be coordinated to carry 

13 out this section; 

14 (G) an interpretive plan for the Heritage 

15 Area, including Tribal heritage; 

16 (H) recommended policies and strategies 

17 for resource management, including the devel18 opment of intergovernmental and interagency 

19 cooperative agreements to protect the natural, 

20 cultural, historical, scenic, and recreational re21 sources of the Heritage Area; and 

22 (I) a definition of the roles of the National 

23 Park Service, the Forest Service, other Federal 

24 agencies, and Tribes in the coordination of the 


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1 Heritage Area and in otherwise furthering the 

2 purposes of this Act. 

3 (c) DEADLINE.—If a proposed management plan is 

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

5 after the date of the enactment of this Act, the local co6 ordinating entity shall be ineligible to receive additional 

7 funding under this Act until the date on which the Sec8 retary receives and approves the management plan. 

9 (d) APPROVAL OR DISAPPROVAL OF MANAGEMENT

10 PLAN.— 

11 (1) IN GENERAL.—Not later than 180 days 

12 after the date of receipt of the proposed manage13 ment plan, the Secretary, in consultation with the 

14 State, affected counties, and Tribal governments, 

15 shall approve or disapprove the management plan. 

16 (2) CRITERIA FOR APPROVAL.—In determining 

17 whether to approve the management plan, the Sec18 retary shall consider whether— 

19 (A) the local coordinating entity has af20 forded adequate opportunity, including public 

21 hearings, for public and governmental involve22 ment in the preparation of the management 

23 plan; 

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


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1 plan, if implemented, would adequately protect 

2 the natural, cultural, historical, scenic, and rec3 reational resources of the Heritage Area; 

4 (C) the management plan is consistent 

5 with the Secretary’s trust responsibilities to In6 dian tribes and Tribal treaty rights within the 

7 National Heritage Area; and 

8 (D) the management plan is supported by 

9 the appropriate State, Kittitas County, King 

10 County, and local officials, the cooperation of 

11 which is needed to ensure the effective imple12 mentation of State and local aspects of the 

13 management plan. 

14 (3) ACTION FOLLOWING DISAPPROVAL.—If the 

15 Secretary disapproves the management plan, the 

16 Secretary shall— 

17 (A) advise the local coordinating entity in 

18 writing of the reasons for the disapproval; 

19 (B) make recommendations to the local co20 ordinating entity for revisions to the manage21 ment plan; and 

22 (C) not later than 180 days after the re23 ceipt of any revised management plan from the 

24 local coordinating entity, approve or disapprove 

25 the revised management plan. 


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1 (e) AMENDMENTS.—The Secretary shall review and 

2 approve or disapprove in the same manner as the original 

3 management plan, each amendment to the management 

4 plan that makes a substantial change to the management 

5 plan, as determined by the Secretary. The local coordi6 nating entity shall not carry out any amendment to the 

7 management plan until the date on which the Secretary 

8 has approved the amendment. 

9 SEC. 6. ADMINISTRATION. 

10 (a) AUTHORITIES.— 

11 (1) IN GENERAL.—For purposes of imple12 menting the management plan, the Secretary and 

13 Forest Service may— 

14 (A) provide technical assistance for the im15 plementation of the management plan; and 

16 (B) enter into cooperative agreements with 

17 the local coordinating entity, State and local 

18 agencies, Tribes, and other interested parties to 

19 carry out this Act, including cooperation and 

20 cost sharing as appropriate to provide more 

21 cost-effective and coordinated public land man22 agement. 

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1 ance under this Act terminates on the date that is 

2 15 years after the date of the enactment of this Act. 

3 (b) LOCAL COORDINATING ENTITY AUTHORITIES.— 

4 For purposes of implementing the management plan, the 

5 local coordinating entity may— 

6 (1) make grants to the State or a political sub7 division of the State, Tribes, nonprofit organizations, 

8 and other persons; 

9 (2) enter into cooperative agreements with, or 

10 provide technical assistance to, Federal agencies, the 

11 State or political subdivisions of the State, Tribes, 

12 nonprofit organizations, and other interested parties; 

13 (3) hire and compensate staff, including individ14 uals with expertise in natural, cultural, historical, 

15 scenic, and recreational resource protection and her16 itage programming; 

17 (4) obtain money or services from any source, 

18 including any money or services that are provided 

19 under any other Federal law or program, in which 

20 case the Federal share of the cost of any activity as21 sisted using Federal funds provided for National 

22 Heritage Areas shall not be more than 50 percent; 

23 (5) contract for goods or services; and 

24 (6) undertake to be a catalyst for other activi25 ties that— 


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1 (A) further the purposes of the Heritage 

2 Area; and 

3 (B) are consistent with the management 

4 plan. 

5 (c) LOCAL COORDINATING ENTITY DUTIES.—The 

6 local coordinating entity shall— 

7 (1) in accordance with section 5, prepare and 

8 submit a management plan to the Secretary; 

9 (2) assist units of Federal, State, and local gov10 ernment, Tribes, regional planning organizations, 

11 nonprofit organizations, and other interested parties 

12 in carrying out the approved management plan by— 

13 (A) carrying out programs and projects 

14 that recognize, protect, and enhance important 

15 resource values in the Heritage Area; 

16 (B) establishing and maintaining interpre17 tive exhibits and programs in the Heritage 

18 Area; 

19 (C) developing recreational and educational 

20 opportunities in the Heritage Area; and 

21 (D) increasing public awareness of, and 

22 appreciation for, the natural, cultural, histor23 ical, Tribal, scenic, and recreational resources 

24 of the Heritage Area; 


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1 (3) consider the interests of diverse units of 

2 government, Tribes, business, organizations, and in3 dividuals in the Heritage Area in the preparation 

4 and implementation of the management plan; 

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

6 semiannually regarding the development and imple7 mentation of the management plan; 

8 (5) encourage, by appropriate means, economic 

9 viability that is consistent with the Heritage Area; 

10 and 

11 (6) submit a report to the Secretary every 5 

12 years after the Secretary has approved the manage13 ment plan, specifying— 

14 (A) the expenses and income of the local 

15 coordinating entity; and 

16 (B) significant grants or contracts made 

17 by the local coordinating entity to any other en18 tity over the 5-year period that describes the 

19 activities, expenses, and income of the local co20 ordinating entity (including grants from the 

21 local coordinating entity to any other entity 

22 during the year that the report is made). 

23 (d) PROHIBITION ON ACQUISITION OF REAL PROP24 ERTY.—The local coordinating entity may not acquire real 

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1 tion or with Federal funds provided for National Heritage 

2 Areas. 

3 (e) USE OF FEDERAL FUNDS.—Nothing in this Act 

4 shall preclude the local coordinating entity from using 

5 Federal funds available under other laws for the purposes 

6 for which those funds were authorized. 

7 SEC. 7. RELATIONSHIP TO TRIBAL GOVERNMENTS. 

8 Nothing in this Act shall construe, define, waive, 

9 limit, or affect any rights of any federally recognized In10 dian tribe and the Federal trust responsibility. 

11 SEC. 8. RELATIONSHIP TO OTHER FEDERAL AGENCIES. 

12 (a) IN GENERAL.—Nothing in this Act affects the au13 thority of a Federal agency to provide technical or finan14 cial assistance under any other law. 

15 (b) CONSULTATION AND COORDINATION.—Any Fed16 eral agency planning to conduct activities that may have 

17 an impact on the Heritage Area is encouraged to consult 

18 and coordinate the activities with the local coordinating 

19 entity to the maximum extent practicable. 

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

21 Act— 

22 (1) modifies, alters, or amends any law or regu23 lation authorizing a Federal agency to manage Fed24 eral land under the jurisdiction of the Federal agen25 cy; 


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1 (2) limits the discretion of a Federal land man2 ager to implement an approved land use plan within 

3 the boundaries of the Heritage Area; or 

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

5 use of Federal land under the jurisdiction of a Fed6 eral agency. 

7 SEC. 9. PRIVATE PROPERTY AND REGULATORY PROTEC8 TIONS. 

9 Nothing in this Act, the proposed Mountains to 

10 Sound Greenway National Heritage Area, or resulting 

11 management plan (or any revisions to that plan) shall— 

12 (1) abridge the rights of any owner of public or 

13 private property, including the right to refrain from 

14 participating in any plan, project, program, or activ15 ity conducted within the Heritage Area; 

16 (2) require any property owner— 

17 (A) to allow public access (including access 

18 by Federal, State, or local agencies) to the 

19 property of the property owner; or 

20 (B) to modify public access or use of prop21 erty of the property owner under any other 

22 Federal, State, or local law; 

23 (3) alter any duly adopted land use regulation, 

24 approved land use plan, or other regulatory author25 ity of any Federal, State, Tribal, or local agency; 


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1 (4) convey any land use or other regulatory au2 thority to the local coordinating entity or any sub3 sidiary organization, including but not necessarily 

4 limited to development and management of energy 

5 or water or water-related infrastructure; 

6 (5) authorize or imply the reservation or appro7 priation of water or water rights; 

8 (6) diminish the authority of the State or Tribe 

9 to manage fish and wildlife, including the regulation 

10 of fishing, hunting, or gathering within the Heritage 

11 Area or the authority of Tribes to regulate their 

12 members with respect to such matters in the exer13 cise of Tribal treaty rights; 

14 (7) create any liability, or affects any liability 

15 under any other law, of any private property owner 

16 with respect to any person injured on the private 

17 property; 

18 (8) affect current or future grazing permits, 

19 leases, or allotment on Federal lands; 

20 (9) affect the construction, operation, mainte21 nance or expansion of current or future water 

22 projects, including water storage, hydroelectric facili23 ties, or delivery systems; or 

24 (10) alter the authority of State, county, or 

25 local governments in land use planning or obligate 


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1 those governments to comply with any recommenda2 tions in the management plan. 

3 SEC. 10. EVALUATION AND REPORT. 

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

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

6 (1) conduct an evaluation of the accomplish7 ments of the Heritage Area; and 

8 (2) prepare a report in accordance with sub9 section (c). 

10 (b) EVALUATION.—An evaluation conducted under 

11 subsection (a)(1) shall— 

12 (1) assess the progress of the local coordinating 

13 entity with respect to— 

14 (A) accomplishing the purposes of the Her15 itage Area; and 

16 (B) achieving the goals and objectives of 

17 the management plan; 

18 (2) analyze the investments of Federal, State, 

19 Tribal, and local governments and private entities in 

20 the Heritage Area to determine the impact of the in21 vestments; and 

22 (3) review the management structure, partner23 ship relationships, and funding of the Heritage Area 

24 for purposes of identifying the critical components 

25 for sustainability of the Heritage Area. 


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1 (c) REPORT.—Based on the evaluation conducted 

2 under subsection (a)(1), the Secretary shall submit to the 

3 Committee on Natural Resources of the House of Rep4 resentatives and the Committee on Energy and Natural 

5 Resources of the Senate a report that includes rec6 ommendations for the future role of the National Park 

7 Service with respect to the Heritage Area. 

Passed the House of Representatives June 25, 2018. 

Attest: KAREN L. HAAS, 

Clerk. 


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