IB 

Union Calendar No. 549 

115TH CONGRESS 

2D SESSION H. R. 1791 

[Report No. 115–709] 

To establish the Mountains to Sound Greenway National Heritage Area 

in the State of Washington, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 29, 2017 

Mr. REICHERT (for himself and Mr. SMITH of Washington) introduced the 

following bill; which was referred to the Committee on Natural Resources 

JUNE 1, 2018 

Additional sponsors: Ms. DELBENE and Ms. JAYAPAL

JUNE 1, 2018 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on March 29, 2017] 


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A BILL 

To establish the Mountains to Sound Greenway National 

Heritage Area in the State of Washington, and for other 

purposes. 


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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 ‘‘Mountains to Sound 

5 Greenway National Heritage Act’’. 

6 SEC. 2. PURPOSES; CONSTRUCTION. 

7 The purposes of this Act include— 

8 (1) to recognize the national importance of the 

9 natural and cultural legacies of the area, as dem10 onstrated in the study entitled ‘‘Mountains to Sound 

11 Greenway National Heritage Area Feasibility Study’’ 

12 dated April 2012 and its addendum dated May 2014; 

13 (2) to recognize the heritage of natural resource 

14 conservation in the Pacific Northwest and in the 

15 Mountains to Sound Greenway; 

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

17 the legacies of natural resource conservation, commu18 nity stewardship, and Indian tribes and nations from 

19 time immemorial, within the Mountains to Sound 

20 National Heritage Area; 

21 (4) to promote heritage, cultural, and rec22 reational tourism and to develop educational and cul23 tural programs for visitors and the general public; 

24 (5) to recognize and interpret important events 

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1 ments in the creation of America, particularly the set2 tlement of the American West and the stories of di3 verse ethnic groups, Indian tribes, and others; 

4 (6) to enhance a cooperative management frame5 work to assist Federal, State, local, and Tribal gov6 ernments, the private sector, and citizens residing in 

7 the Heritage Area in conserving, supporting, man8 aging, and enhancing natural and recreational sites 

9 in the Heritage Area; 

10 (7) to recognize and interpret the relationship 

11 between land and people, representing broad Amer12 ican ideals demonstrated through the integrity of ex13 isting resources within the Heritage Area; and 

14 (8) to support working relationships between 

15 public land managers and the community by creating 

16 relevant links between the National Park Service, the 

17 Forest Service, other relevant Federal agencies, Tribal 

18 governments, State and local governments and agen19 cies, and community stakeholders within and sur20 rounding the Heritage Area in order to protect, en21 hance, and interpret cultural and natural resources 

22 within the Heritage Area. 

23 SEC. 3. DEFINITIONS. 

24 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 Her9 itage Area required under section 5. 

10 (4) MAP.—The term ‘‘Map’’ means the map enti11 tled ‘‘Mountains to Sound Greenway National Herit12 age 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 National 

22 Heritage Area, including the Snoqualmie, Yakama, 

23 Tulalip, Muckleshoot and Colville Indian 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 Heritage 

5 Area. 

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

7 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 consor15 tium of affected counties, Indian tribe, or a nonprofit orga16 nization to serve as the coordinating entity for the Heritage 

17 Area within 120 days of the date of the enactment of this 

18 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 en22 tity shall submit to the Secretary for approval a proposed 

23 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, and 

2 recreational resources of the Heritage Area; 

3 (2) take into consideration Federal, State, Trib4 al, and local plans; and 

5 (3) include— 

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

7 cultural, educational, scenic, and recreational re8 sources of the Heritage Area, including an ac9 knowledgment of the exercise of Tribal treaty 

10 rights, that relate to the national importance 

11 and themes of the Heritage Area that should be 

12 conserved and enhanced; 

13 (B) a description of strategies and rec14 ommendations for conservation, funding, man15 agement, and development of the Heritage Area; 

16 (C) a description of the actions that Fed17 eral, State, local, and Tribal governments, pri18 vate organizations, and individuals have agreed 

19 to take to protect and interpret the natural, cul20 tural, historical, scenic, and recreational re21 sources of the Heritage Area; 

22 (D) a program of implementation for the 

23 management plan by the local coordinating enti24 ty, including— 


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1 (i) performance goals and ongoing per2 formance evaluation; and 

3 (ii) commitments for implementation 

4 made by partners; 

5 (E) the identification of sources of funding 

6 for carrying out the management plan; 

7 (F) analysis and recommendations for 

8 means by which Federal, State, local, and Tribal 

9 programs may best be coordinated to carry out 

10 this section; 

11 (G) an interpretive plan for the Heritage 

12 Area, including Tribal heritage; 

13 (H) recommended policies and strategies for 

14 resource management, including the development 

15 of intergovernmental and interagency cooperative 

16 agreements to protect the natural, cultural, his17 torical, scenic, and recreational resources of the 

18 Heritage Area; and 

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

20 Park Service, the Forest Service, other Federal 

21 agencies, and Tribes in the coordination of the 

22 Heritage Area and in otherwise furthering the 

23 purposes of this Act. 

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

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


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1 after the date of the enactment of this Act, the local coordi2 nating entity shall be ineligible to receive additional fund3 ing under this Act until the date on which the Secretary 

4 receives and approves the management plan. 

5 (d) APPROVAL OR DISAPPROVAL OF MANAGEMENT

6 PLAN.— 

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

8 the date of receipt of the proposed management plan, 

9 the Secretary, in consultation with the State, affected 

10 counties, and Tribal governments, shall approve or 

11 disapprove the management plan. 

12 (2) CRITERIA FOR APPROVAL.—In determining 

13 whether to approve the management plan, the Sec14 retary shall consider whether— 

15 (A) the local coordinating entity has af16 forded adequate opportunity, including public 

17 hearings, for public and governmental involve18 ment in the preparation of the management 

19 plan; 

20 (B) the resource protection and interpreta21 tion strategies contained in the management 

22 plan, if implemented, would adequately protect 

23 the natural, cultural, historical, scenic, and rec24 reational resources of the Heritage Area; 


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1 (C) the management plan is consistent with 

2 the Secretary’s trust responsibilities to Indian 

3 tribes and Tribal treaty rights within the Na4 tional Heritage Area; and 

5 (D) the management plan is supported by 

6 the appropriate State, Kittitas County, King 

7 County, and local officials, the cooperation of 

8 which is needed to ensure the effective implemen9 tation of State and local aspects of the manage10 ment plan. 

11 (3) ACTION FOLLOWING DISAPPROVAL.—If the 

12 Secretary disapproves the management plan, the Sec13 retary shall— 

14 (A) advise the local coordinating entity in 

15 writing of the reasons for the disapproval; 

16 (B) make recommendations to the local co17 ordinating entity for revisions to the manage18 ment plan; and 

19 (C) not later than 180 days after the receipt 

20 of any revised management plan from the local 

21 coordinating entity, approve or disapprove the 

22 revised management plan. 

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

24 approve or disapprove in the same manner as the original 

25 management plan, each amendment to the management 


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1 plan that makes a substantial change to the management 

2 plan, as determined by the Secretary. The local coordi3 nating entity shall not carry out any amendment to the 

4 management plan until the date on which the Secretary has 

5 approved the amendment. 

6 SEC. 6. ADMINISTRATION. 

7 (a) AUTHORITIES.— 

8 (1) IN GENERAL.—For purposes of implementing 

9 the management plan, the Secretary and Forest Serv10 ice may— 

11 (A) provide technical assistance for the im12 plementation of the management plan; and 

13 (B) enter into cooperative agreements with 

14 the local coordinating entity, State and local 

15 agencies, Tribes, and other interested parties to 

16 carry out this Act, including cooperation and 

17 cost sharing as appropriate to provide more cost18 effective and coordinated public land manage19 ment. 

20 (2) TERMINATION OF AUTHORITY.—The author21 ity of the Secretary to provide technical assistance 

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

23 after the date of the enactment of this Act. 


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1 (b) LOCAL COORDINATING ENTITY AUTHORITIES.— 

2 For purposes of implementing the management plan, the 

3 local coordinating entity may— 

4 (1) make grants to the State or a political sub5 division of the State, Tribes, nonprofit organizations, 

6 and other persons; 

7 (2) enter into cooperative agreements with, or 

8 provide technical assistance to, Federal agencies, the 

9 State or political subdivisions of the State, Tribes, 

10 nonprofit organizations, and other interested parties; 

11 (3) hire and compensate staff, including individ12 uals with expertise in natural, cultural, historical, 

13 scenic, and recreational resource protection and herit14 age programming; 

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

16 including any money or services that are provided 

17 under any other Federal law or program, in which 

18 case the Federal share of the cost of any activity as19 sisted using Federal funds provided for National Her20 itage Areas shall not be more than 50 percent; 

21 (5) contract for goods or services; and 

22 (6) undertake to be a catalyst for other activities 

23 that— 

24 (A) further the purposes of the Heritage 

25 Area; and 


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1 (B) are consistent with the management 

2 plan. 

3 (c) LOCAL COORDINATING ENTITY DUTIES.—The local 

4 coordinating entity shall— 

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

6 submit a management plan to the Secretary; 

7 (2) assist units of Federal, State, and local gov8 ernment, Tribes, regional planning organizations, 

9 nonprofit organizations, and other interested parties 

10 in carrying out the approved management plan by— 

11 (A) carrying out programs and projects 

12 that recognize, protect, and enhance important 

13 resource values in the Heritage Area; 

14 (B) establishing and maintaining interpre15 tive exhibits and programs in the Heritage Area; 

16 (C) developing recreational and educational 

17 opportunities in the Heritage Area; and 

18 (D) increasing public awareness of, and ap19 preciation for, the natural, cultural, historical, 

20 Tribal, scenic, and recreational resources of the 

21 Heritage Area; 

22 (3) consider the interests of diverse units of gov23 ernment, Tribes, business, organizations, and individ24 uals in the Heritage Area in the preparation and im25 plementation of the management plan; 


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

2 semiannually regarding the development and imple3 mentation of the management plan; 

4 (5) encourage, by appropriate means, economic 

5 viability that is consistent with the Heritage Area; 

6 and 

7 (6) submit a report to the Secretary every five 

8 years after the Secretary has approved the manage9 ment plan, specifying— 

10 (A) the expenses and income of the local co11 ordinating entity; and 

12 (B) significant grants or contracts made by 

13 the local coordinating entity to any other entity 

14 over the 5-year period that describes the activi15 ties, expenses, and income of the local coordi16 nating entity (including grants from the local 

17 coordinating entity to any other entity during 

18 the year that the report is made). 

19 (d) PROHIBITION ON ACQUISITION OF REAL PROP20 ERTY.—The local coordinating entity may not acquire real 

21 property or interest in real property through condemnation. 

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

23 shall preclude the local coordinating entity from using Fed24 eral funds available under other laws for the purposes for 

25 which those funds were authorized. 


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1 SEC. 7. RELATIONSHIP TO TRIBAL GOVERNMENTS. 

2 Nothing in this Act shall construe, define, waive, limit, 

3 affect any rights of any federally recognized Indian tribe 

4 and the Federal trust responsibility. 

5 SEC. 8. RELATIONSHIP TO OTHER FEDERAL AGENCIES. 

6 (a) IN GENERAL.—Nothing in this Act affects the au7 thority of a Federal agency to provide technical or financial 

8 assistance under any other law. 

9 (b) CONSULTATION AND COORDINATION.—Any Federal 

10 agency planning to conduct activities that may have an im11 pact on the Heritage Area is encouraged to consult and co12 ordinate the activities with the local coordinating entity to 

13 the maximum extent practicable. 

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

15 Act— 

16 (1) modifies, alters, or amends any law or regu17 lation authorizing a Federal agency to manage Fed18 eral land under the jurisdiction of the Federal agency; 

19 (2) limits the discretion of a Federal land man20 ager to implement an approved land use plan within 

21 the boundaries of the Heritage Area; or 

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

23 use of Federal land under the jurisdiction of a Fed24 eral agency. 


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1 SEC. 9. PRIVATE PROPERTY AND REGULATORY PROTEC2 TIONS. 

3 Nothing in this Act, the proposed Mountains to Sound 

4 Greenway National Heritage Area, or resulting manage5 ment plan (or any revisions to that plan) shall— 

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

7 private property, including the right to refrain from 

8 participating in any plan, project, program, or activ9 ity conducted within the Heritage Area; 

10 (2) require any property owner— 

11 (A) to allow public access (including access 

12 by Federal, State, or local agencies) to the prop13 erty of the property owner; or 

14 (B) to modify public access or use of prop15 erty of the property owner under any other Fed16 eral, State, or local law; 

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

18 approved land use plan, or other regulatory authority 

19 of any Federal, State, Tribal, or local agency; 

20 (4) convey any land use or other regulatory au21 thority to the local coordinating entity or any sub22 sidiary organization, including but not necessarily 

23 limited to development and management of energy or 

24 water or water-related infrastructure; 

25 (5) authorize or imply the reservation or appro26 priation of water or water rights; 


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1 (6) diminish the authority of the State to man2 age fish and wildlife, including the regulation of fish3 ing and hunting within the Heritage Area or the au4 thority of Tribes to regulate their members with re5 spect to such matters in the exercise of Tribal treaty 

6 rights; 

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

8 under any other law, of any private property owner 

9 with respect to any person injured on the private 

10 property; 

11 (8) affect current or future grazing permits, 

12 leases, or allotment on Federal lands; 

13 (9) affect the construction, operation, mainte14 nance or expansion of current or future water 

15 projects, including water storage, hydroelectric facili16 ties, or delivery systems; or 

17 (10) alter the authority of State, county, or local 

18 governments in land use planning or obligate those 

19 governments to comply with any recommendations in 

20 the management plan. 

21 SEC. 10. EVALUATION AND REPORT. 

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

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

24 (1) conduct an evaluation of the accomplish25 ments of the Heritage Area; and 


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1 (2) prepare a report in accordance with sub2 section (c). 

3 (b) EVALUATION.—An evaluation conducted under 

4 subsection (a)(1) shall— 

5 (1) assess the progress of the local coordinating 

6 entity with respect to— 

7 (A) accomplishing the purposes of the Her8 itage Area; and 

9 (B) achieving the goals and objectives of the 

10 management plan; 

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

12 Tribal, and local governments and private entities in 

13 the Heritage Area to determine the impact of the in14 vestments; and 

15 (3) review the management structure, partner16 ship relationships, and funding of the Heritage Area 

17 for purposes of identifying the critical components for 

18 sustainability of the Heritage Area. 

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

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

21 Committee on Natural Resources of the House of Represent22 atives and the Committee on Energy and Natural Resources 

23 of the Senate a report that includes recommendations for 

24 the future role of the National Park Service with respect 

25 to the Heritage Area. 


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Union Calendar No. 549 

115TH CONGRESS 

2D SESSION H. R. 1791 

[Report No. 115–709] 

A BILL 

To establish the Mountains to Sound Greenway Naand for other purposes. tional Heritage Area in the State of Washington, 

JUNE 1, 2018 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


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