I 

111TH CONGRESS 

2D SESSION H. R. 6040 

To establish the Maumee Valley National Heritage Area in Ohio and Indiana, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 30, 2010 

Ms. KAPTUR introduced the following bill; which was referred to the 

Committee on Natural Resources 

A BILL 

To establish the Maumee Valley National Heritage Area in 

Ohio and Indiana, 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 ‘‘Maumee Valley Na5 tional Heritage Area Act’’. 

6 SEC. 2. PURPOSES. 

7 The purposes of this Act are to— 

8 (1) establish the Maumee Valley National Her9 itage Area in the States of Indiana and Ohio; 


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1 (2) pursue implementation of remaining rec2 ommendations of the Vision for Maumee Valley 

3 Stewardship prepared by the National Park Service 

4 in 1996; 

5 (3) raise awareness of the national significance 

6 of the Maumee Valley; 

7 (4) promote heritage, cultural, and recreational 

8 tourism, and to develop relevant educational and cul9 tural programs for visitors, residents and the general 

10 public; 

11 (5) recognize and interpret important events 

12 representing the role of the many Native Americans, 

13 European Americans, African-Americans, Hispanic 

14 Americans and other immigrants who populate the 

15 Valley; 

16 (6) provide a management framework to foster 

17 close working partnerships with all levels of govern18 ment, the private sector, and local communities in 

19 the region; and 

20 (7) provide appropriate leadership and linkages 

21 between units of the National Park System and 

22 communities, State and local governments, and area 

23 organizations with similar missions. 

24 SEC. 3. FINDINGS. 

25 Congress finds the following: 


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1 (1) The Maumee River Valley is a distinctive 

2 landscape that preserves a rich, nationally signifi3 cant cultural heritage. The events that transpired in 

4 the Maumee Valley in the 18th and early 19th cen5 turies were critical to the Nation’s transformation 

6 from wilderness to Nation. The clash of cultures be7 tween Native peoples and Euro-Americans that took 

8 place here helped define United States history dur9 ing its formative years. 

10 (2) Humans have occupied the Maumee Valley 

11 for 12,000 years. By the 1770s, one of the largest 

12 Native American villages in North America, 

13 Kiihkayonki (Kekionga), was located at the head14 waters of the Maumee River at Ft. Wayne. This re15 gion was the home of Miami, Wyandot, Delaware, 

16 Shawnee, Ottawa, and Potawatomi, Kickapoo, and 

17 Chippewa Indian tribes. 

18 (3) Native American tribes and confederations, 

19 France, Britain, colonial militias, and United States 

20 armies under President Washington’s orders all vied 

21 with one another for control of the Maumee Valley 

22 as it became the crucible of an emerging Nation. 

23 Legendary Native Americans Pontiac, Tecumseh, 

24 Little Turtle, and Blue Jacket challenged the Amer25 ican military presence under Anthony Wayne, WilVerDate Mar 15 2010 22:23 Aug 04, 2010 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H6040.IH H6040

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1 liam Henry Harrison, and William Clark. The 

2 Maumee Valley was the target of three unsuccessful 

3 invasions of the United States by the British and 

4 their Indian allies, leading the way to a treaty that 

5 created long-lasting peace between the United States 

6 and Canada along the longest unguarded boundary 

7 in the world. 

8 (4) Historic settlements such as Kekionga and 

9 strategic outposts along the Maumee River, includ10 ing Fort Wayne, Fort Defiance, Fort Winchester, 

11 Fort Meigs, and Fort Miamis (a British fort on 

12 United States soil), and the Fallen Timbers Battle13 field. 

14 (5) In 1999, Congress and the National Park 

15 Service recognized the national significance of the 

16 Maumee Valley’s early military history by desig17 nating Fallen Timbers Battlefield and Fort Miamis 

18 as affiliated units of the National Park System. 

19 (6) The Maumee Valley’s abundance of natural 

20 resources has also been widely recognized, and its 

21 network of rivers provided the key transportation 

22 system to the interior, and later aided construction 

23 and operation of the second longest canal in the 

24 world by the 1840s. The Maumee River was des25 ignated a State Scenic and Recreational River by the 


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1 Ohio Department of Natural Resources in the 

2 1960s. More recently, the vast Oak Openings region 

3 is recognized on the Nature Conservancy’s list of 

4 Last Great Places on Earth for its numerous endan5 gered species. In 1999, the Ohio Department of 

6 Transportation designated portions of the Maumee 

7 Valley as a State Scenic Byway. And in 2000, the 

8 Maumee Valley was one of the first three places des9 ignated as an Ohio Heritage Area by the Ohio De10 partment of Development. Once covered by the 

11 Great Black Swamp, it now contains some of the 

12 richest farmland in the world. 

13 (7) The Maumee Valley Heritage Area includes 

14 the counties of Allen, Indiana, and Paulding, Defi15 ance, Henry, Wood and Lucas, Ohio. Many local, re16 gional, and State agencies and organizations, includ17 ing the Maumee Valley Heritage Corridor, Inc., the 

18 Metropolitan Park District of Toledo, and the Allen 

19 County/Fort Wayne Historical Society have shown 

20 the desire and ability to work with Federal agencies 

21 to protect, preserve, and enhance the resources 

22 found within the Maumee Valley that reflect this 

23 unique heritage. 

24 (8) As the largest river flowing into the Great 

25 Lakes, the Maumee River is known for its ecological, 


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1 political, and historical importance in a region with 

2 84 percent of our Nation’s fresh water and over 20 

3 percent of the world’s freshwater resource. 

4 SEC. 4. DEFINITIONS. 

5 In this Act: 

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

7 Area’’ means the Maumee Valley National Heritage 

8 Area, established in section 5. 

9 (2) LOCAL COORDINATING ENTITY.—The term 

10 ‘‘local coordinating entity’’ means the local coordi11 nating entity for the Heritage Area designated by 

12 section 5(d). 

13 (3) MANAGEMENT PLAN.—The term ‘‘manage14 ment plan’’ means the management plan for the 

15 Heritage Area required by section 7. 

16 (4) MAP.—The term ‘‘map’’ means the map en17 titled ‘‘Maumee Valley National Heritage Area, Pro18 posed Boundary’’ numbered T16/80,001 and dated 

19 September 2008. 

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

21 the Secretary of the Interior. 

22 (6) STATE.—The term ‘‘State’’ means Ohio and 

23 Indiana. 


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1 SEC. 5. MAUMEE VALLEY NATIONAL HERITAGE AREA. 

2 (a) ESTABLISHMENT.—There is established the 

3 Maumee Valley National Heritage Area in Ohio and Indi4 ana. 

5 (b) BOUNDARIES.—The National Heritage Area shall 

6 be comprised of the following, as depicted on the map: the 

7 Maumee River and Valley including the counties of Lucas, 

8 Wood, Henry, Defiance, and Paulding in Ohio, and Allen 

9 County in Indiana. 

10 (c) AVAILABILITY OF MAP.—The map shall be on file 

11 and available for public inspection in the appropriate of12 fices of the National Park Service, Department of the In13 terior, and the Maumee Valley Heritage Corridor, Inc. 

14 (d) LOCAL COORDINATING ENTITY.—The Maumee 

15 Valley Heritage Corridor, Inc. shall be the local coordi16 nating entity for the Heritage Area. 

17 SEC. 6. DUTIES AND AUTHORITIES OF THE LOCAL COORDI18 NATING ENTITY. 

19 (a) DUTIES OF THE LOCAL COORDINATING ENTI20 TY.—To further the purposes of the Heritage Area, the 

21 local coordinating entity shall— 

22 (1) prepare and submit a management plan for 

23 the Heritage Area to the Secretary in accordance 

24 with section 7; 

25 (2) assist units of local government, regional 

26 planning organizations, and nonprofit organizations 


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1 in implementing the approved management plan 

2 by— 

3 (A) carrying out programs and projects 

4 that recognize, protect, and enhance important 

5 resource values within the Heritage Area; 

6 (B) developing recreational and edu7 cational opportunities in the Heritage Area; 

8 (C) increasing public awareness of and ap9 preciation for natural, historical, scenic, and 

10 cultural resources of the Heritage Area; and 

11 (D) promoting a wide range of partner12 ships among governments, organizations and in13 dividuals to further the purposes of the Herit14 age Area; 

15 (3) include the interests of diverse units of gov16 ernment, businesses, organizations, and individuals 

17 in the Heritage Area in the preparation and imple18 mentation of the management plan; 

19 (4) submit an annual report to the Secretary 

20 for any fiscal year for which the local coordinating 

21 entity receives Federal funds under this Act, setting 

22 forth its accomplishments, expenses, and income, 

23 amounts and sources of matching funds, the 

24 amounts leveraged with Federal funds and sources 


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1 of such leveraging, and grants made to any other en2 tities during the fiscal year; 

3 (5) make available for audit for any fiscal year 

4 in which it receives Federal funds under this Act all 

5 information pertaining to the expenditure of such 

6 funds and any matching funds, and require in all 

7 agreements authorizing expenditures of Federal 

8 funds by other organizations that the receiving orga9 nizations make available for such audit all records 

10 and other information pertaining to the expenditure 

11 of such funds; and 

12 (6) encourage by appropriate means economic 

13 development that is consistent with the purposes of 

14 the Heritage Area. 

15 (b) AUTHORITIES.—The local coordinating entity 

16 may, subject to the prior approval of the Secretary, for 

17 the purposes of preparing and implementing the manage18 ment plan for the Heritage Area, use Federal funds made 

19 available under this Act to— 

20 (1) make grants to political jurisdictions, non21 profit organizations and other interested parties 

22 within the Heritage Area; 

23 (2) enter into cooperative agreements with or 

24 provide technical assistance to political jurisdictions, 


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1 nonprofit organizations, Federal agencies, and other 

2 interested parties; 

3 (3) hire and compensate staff; 

4 (4) obtain funds or services from any source in5 cluding other Federal programs; 

6 (5) contract for goods or services; and 

7 (6) support activities of partners and any other 

8 activities that further the purposes of the Heritage 

9 Area and are consistent with the approved manage10 ment plan. 

11 (c) PROHIBITION ON THE ACQUISITION OF REAL

12 PROPERTY.—The local coordinating entity may not use 

13 Federal funds received under this Act to acquire real prop14 erty. 

15 SEC. 7. MANAGEMENT PLAN. 

16 (a) IN GENERAL.—The management plan for the 

17 Heritage Area shall— 

18 (1) describe comprehensive policies, goals, strat19 egies, and recommendations for telling the story of 

20 the region’s heritage and encouraging long-term re21 source protection, enhancement, interpretation, 

22 funding, management, and development of the Her23 itage Area; 


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1 (2) take into consideration existing State, coun2 ty, and local plans in the development of the man3 agement plan and its implementation; 

4 (3) include a description of actions and commit5 ments that governments, private organizations, and 

6 citizens will take to protect, enhance, and interpret 

7 the natural, historic, scenic, and cultural resources 

8 of the Heritage Area; 

9 (4) specify existing and potential sources of 

10 funding or economic development strategies to pro11 tect, enhance, interpret, fund, manage, and develop 

12 the Heritage Area; 

13 (5) include an inventory of the natural, histor14 ical, cultural, educational, scenic, and recreational 

15 resources of the Heritage Area related to the stories 

16 and themes of the region that should be protected, 

17 enhanced, managed, or developed; 

18 (6) recommend policies and strategies for re19 source management including, but not limited to, the 

20 development of intergovernmental and interagency 

21 agreements to protect the Heritage Area’s natural, 

22 historical, cultural, educational, scenic, and rec23 reational resources; 

24 (7) describe a program of implementation for 

25 the management plan including: performance goals; 


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1 plans for resource protection, enhancement, and in2 terpretation; and specific commitments for imple3 mentation that have been made by the local coordi4 nating entity or any government, organization, busi5 ness, or individual; 

6 (8) include an analysis and recommendations 

7 for ways in which local, State, tribal and Federal 

8 programs may best be coordinated, including the 

9 role of the Department of the Interior, specifically 

10 the National Park Service and the U.S. Fish and 

11 Wildlife Service, and other Federal agencies associ12 ated with the Heritage Area, to further the purposes 

13 of this Act; 

14 (9) include an interpretive plan for the Heritage 

15 Area; and 

16 (10) include a business plan that— 

17 (A) describes the role, operation, financing, 

18 and functions of the local coordinating entity 

19 and of each of the major activities contained in 

20 the management plan; and 

21 (B) provides adequate assurances that the 

22 local coordinating entity has the partnerships 

23 and financial and other resources necessary to 

24 implement the management plan for the Herit25 age Area. 


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1 (b) DEADLINE AND TERMINATION OF FUNDING.— 

2 (1) DEADLINE.—The local coordinating entity 

3 shall submit the management plan to the Secretary 

4 for approval within 3 years from the date when any 

5 funds are made available for this purpose after des6 ignation as a Heritage Area. 

7 (2) TERMINATION OF FUNDING.—If the man8 agement plan is not submitted to the Secretary in 

9 accordance with this subsection, the local coordi10 nating entity shall not qualify for any additional fi11 nancial assistance under this Act until such time as 

12 the management plan is submitted to and approved 

13 by the Secretary. 

14 SEC. 8. DUTIES AND AUTHORITIES OF THE SECRETARY. 

15 (a) TECHNICAL AND FINANCIAL ASSISTANCE.— 

16 (1) IN GENERAL.—The Secretary may, upon 

17 the request of the local coordinating entity, provide 

18 technical and financial assistance on a reimbursable 

19 or nonreimbursable basis (as determined by the Sec20 retary) to the Heritage Area to develop and imple21 ment the management plan. 

22 (2) PRIORITY ACTIONS.—In assisting the Herit23 age Area, the Secretary shall give priority to actions 

24 that in general assist in— 


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1 (A) conserving the significant natural, his2 torical, cultural, and scenic resources of the 

3 Heritage Area; and 

4 (B) providing educational, interpretive, and 

5 recreational opportunities consistent with the 

6 purposes of the Heritage Area. 

7 (3) COOPERATIVE AGREEMENTS.—The Sec8 retary is authorized to enter into cooperative agree9 ments with the local coordinating entity and other 

10 public or private entities for the purposes of carrying 

11 out this subsection. 

12 (b) APPROVAL OF MANAGEMENT PLAN.— 

13 (1) REVIEW.—The Secretary shall approve or 

14 disapprove the management plan not later than 90 

15 days after receiving the management plan. 

16 (2) CONSULTATION.—The Secretary shall con17 sult with the Governor of any State and tribal gov18 ernment in which the Heritage Area is located prior 

19 to approving any management plan. 

20 (3) CRITERIA FOR APPROVAL.—In determining 

21 the approval of the management plan, the Secretary 

22 shall consider whether— 

23 (A) the local coordinating entity will be 

24 representative of the diverse interests of the 

25 Heritage Area, including governments, natural 


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1 and historic resource protection organizations, 

2 educational institutions, businesses, community 

3 residents, and recreational organizations; 

4 (B) the local coordinating entity has af5 forded adequate opportunity for public and gov6 ernmental involvement, including workshops 

7 and public meetings, in the preparation of the 

8 management plan; 

9 (C) the resource protection and interpreta10 tion strategies contained in the management 

11 plan, if implemented, would adequately protect 

12 the natural, historical, and cultural resources of 

13 the Heritage Area; 

14 (D) the management plan would not ad15 versely affect any activities authorized on Fed16 eral or tribal lands under applicable laws or 

17 pursuant to land use plans; 

18 (E) the Secretary has received adequate 

19 assurances from the appropriate State, tribal 

20 and local officials whose support is needed to 

21 ensure the effective implementation of the 

22 State, Tribal, and local aspects of the manage23 ment plan; and 


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1 (F) the local coordinating entity has dem2 onstrated the financial capability, in partner3 ship with others, to carry out the plan. 

4 (4) ACTION FOLLOWING DISAPPROVAL.—If the 

5 Secretary disapproves the management plan, the 

6 Secretary shall advise the local coordinating entity in 

7 writing of the reasons and may make recommenda8 tions for revisions to the management plan. The Sec9 retary shall approve or disapprove a proposed revi10 sion not later than 90 days after the date it is re11 submitted. 

12 (5) APPROVAL OF AMENDMENTS.—Substantial 

13 amendments to the management plan shall be re14 viewed by the Secretary and approved in the same 

15 manner as provided for in the original management 

16 plan. The local coordinating entity shall not use 

17 Federal funds authorized by this Act to implement 

18 any amendments until the Secretary has approved 

19 the amendments. 

20 (c) EVALUATION.— 

21 (1) IN GENERAL.—Not later than 3 years be22 fore the date on which authority for Federal funding 

23 terminates for the Heritage Area, the Secretary shall 

24 conduct an evaluation of the accomplishments of the 

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1 ommendations for the National Park Service’s fu2 ture role, if any, with respect to the Heritage Area. 

3 (2) EVALUATION COMPONENTS.—An evaluation 

4 prepared under paragraph (1) shall— 

5 (A) assess the progress of the local coordi6 nating entity with respect to— 

7 (i) accomplishing the purposes of the 

8 authorizing legislation for the Heritage 

9 Area; and 

10 (ii) achieving the goals and objectives 

11 of the approved management plan for the 

12 Heritage Area; 

13 (B) analyze the Federal, State, local, and 

14 private investments in the Heritage Area to de15 termine the leverage and impact of the invest16 ments; and 

17 (C) review the management structure, 

18 partnership relationships, and funding of the 

19 Heritage Area for purposes of identifying the 

20 critical components for sustainability of the 

21 Heritage Area. 

22 (3) RECOMMENDATIONS.—Based upon the eval23 uation under paragraph (1), the Secretary shall pre24 pare a report with recommendations for the National 

25 Park Service’s future role, if any, with respect to the 


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1 Heritage Area. If the report recommends that Fed2 eral funding for the Heritage Area be reauthorized, 

3 the report shall include an analysis of— 

4 (A) ways in which Federal funding for the 

5 Heritage Area may be reduced or eliminated; 

6 and 

7 (B) the appropriate time period necessary 

8 to achieve the recommended reduction or elimi9 nation. 

10 (4) SUBMISSION TO CONGRESS.—On completion 

11 of a report under paragraph (3), the Secretary shall 

12 submit the report to— 

13 (A) the Committee on Energy and Natural 

14 Resources of the Senate; and 

15 (B) the Committee on Natural Resources 

16 of the House of Representatives. 

17 SEC. 9. RELATIONSHIP TO OTHER FEDERAL AGENCIES. 

18 (a) IN GENERAL.—This Act shall not affect the au19 thority of any Federal official to provide technical or fi20 nancial assistance under any other law. 

21 (b) CONSULTATION AND COORDINATION.—The head 

22 of any Federal agency planning to conduct activities that 

23 may have an impact on the Heritage Area is encouraged 

24 to consult and coordinate the activities with the Secretary 

25 and the local coordinating entity to the extent practicable. 


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

2 Act— 

3 (1) modifies, alters, or amends any law or regu4 lation authorizing a Federal agency to manage Fed5 eral land under the jurisdiction of the Federal agen6 cy; 

7 (2) limits the discretion of a Federal land man8 ager to implement an approved land use plan within 

9 the boundaries of the Heritage Area; or 

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

11 use of Federal land under the jurisdiction of a Fed12 eral agency. 

13 SEC. 10. PROPERTY OWNERS AND REGULATORY PROTEC14 TIONS. 

15 Nothing in this Act shall be construed to— 

16 (1) abridge the rights of any property owner, 

17 whether public or private, including the right to re18 frain from participating in any plan, project, pro19 gram, or activity conducted within the Heritage 

20 Area; 

21 (2) require any property owner to permit public 

22 access (including Federal, State, tribal, or local gov23 ernment access) to such property or to modify any 

24 provisions of Federal, State, tribal, or local law with 

25 regard to public access or use of private lands; 


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1 (3) alter any duly adopted land use regulations 

2 or approved land use plan or any other regulatory 

3 authority of any Federal, State, or local agency, or 

4 tribal government or to convey any land use or other 

5 regulatory authority to any local coordinating entity; 

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

8 (5) diminish the authority of the State to man9 age fish and wildlife, including the regulation of fish10 ing and hunting within the Heritage Area; or 

11 (6) create any liability, or affect any liability 

12 under any other law, of any private property owner 

13 with respect to any persons injured on such private 

14 property. 

15 SEC. 11. AUTHORIZATION OF APPROPRIATIONS. 

16 (a) IN GENERAL.—There is authorized to be appro17 priated for the purposes of this Act $15,000,000, of which 

18 not more than $1,000,000 shall be made available for any 

19 fiscal year. 

20 (b) MATCHING FUNDS.—Federal funding provided 

21 under this Act may not exceed 50 percent of the total cost 

22 of any assistance or grant provided or authorized under 

23 this Act. Recipient matching funds— 

24 (1) must be from non-Federal sources; and 


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1 (2) may be made in the form of in-kind con2 tributions of goods and services fairly valued. 

3 SEC. 12. SUNSET. 

4 The authority of the Secretary to provide financial 

5 assistance under this Act shall terminate on the day occur6 ring 15 years after the date of enactment of the Act. 

Æ 


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