I 

108TH CONGRESS 

2D SESSION H. R. 5348 

To establish the Atchafalaya National Heritage Area, Louisiana, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 8, 2004 

Mr. TAUZIN (for himself, Mr. VITTER, Mr. ALEXANDER, Mr. JOHN, Mr. 

BAKER, Mr. MCCRERY, and Mr. JEFFERSON) introduced the following 

bill; which was referred to the Committee on Resources 

A BILL 

To establish the Atchafalaya National Heritage Area, 

Louisiana, 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 ‘‘Atchafalaya National 

5 Heritage Area Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) The Atchafalaya Basin area of Louisiana, 

9 designated by the Louisiana Legislature as the 

10 ‘‘Atchafalaya Trace State Heritage Area’’ and con-
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1 sisting of the area described in section 5(b), is an 

2 area in which natural, scenic, cultural, and historic 

3 resources form a cohesive and nationally distinctive 

4 landscape arising from patterns of human activity 

5 shaped by geography. 

6 (2) The significance of the area is enhanced by 

7 the continued use of the area by people whose tradi8 tions have helped shape the landscape. 

9 (3) There is a national interest in conserving, 

10 restoring, promoting, and interpreting the benefits 

11 of the area for the residents of, and visitors to, the 

12 area. 

13 (4) The area represents an assemblage of rich 

14 and varied resources forming a unique aspect of the 

15 heritage of the United States. 

16 (5) The area reflects a complex mixture of peo17 ple and their origins, traditions, customs, beliefs, 

18 and folkways of interest to the public. 

19 (6) The land and water of the area offer out20 standing recreational opportunities, educational ex21 periences, and potential for interpretation and sci22 entific research. 

23 (7) Local governments of the area support the 

24 establishment of a national heritage area. 
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1 SEC. 3. PURPOSES. 

2 The purposes of this Act are— 

3 (1) to conserve, restore, promote, and interpret 

4 the significant resource values and functions of the 

5 Atchafalaya Basin area and advance sustainable eco6 nomic development of the area; 

7 (2) to foster a close working relationship with 

8 all levels of government, the private sector, and the 

9 local communities in the area so as to enable those 

10 communities to conserve their heritage while con11 tinuing to pursue economic opportunities; and 

12 (3) to establish, in partnership with the State, 

13 local communities, preservation organizations, pri14 vate corporations, and landowners in the Heritage 

15 Area, the Atchafalaya Trace State Heritage Area, as 

16 eligible parishes designated by the Louisiana Legis17 lature, as the Atchafalaya National Heritage Area. 

18 SEC. 4. DEFINITIONS. 

19 In this Act: 

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

21 Area’’ means the Atchafalaya National Heritage 

22 Area established by section 5(a). 

23 (2) LOCAL COORDINATING ENTITY.—The term 

24 ‘‘local coordinating entity’’ means the local coordi25 nating entity for the Heritage Area designated by 

26 section 5(c). 
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1 (3) MANAGEMENT PLAN.—The term ‘‘manage2 ment plan’’ means the management plan for the 

3 Heritage Area developed under section 7. 

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

5 the Secretary of the Interior. 

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

7 of Louisiana. 

8 SEC. 5. ATCHAFALAYA NATIONAL HERITAGE AREA. 

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

10 State the Atchafalaya National Heritage Area. 

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

12 of parishes that are consistent with the tradition, pur13 poses, goals, and culture of the Heritage Area as deter14 mined by the Secretary in consultation with the State. The 

15 Secretary shall give priority consideration to those par16 ishes in Atchafalaya State Heritage Area. 

17 (c) LOCAL COORDINATING ENTITY.— 

18 (1) IN GENERAL.—The Atchafalaya Trace 

19 Commission shall be the local coordinating entity for 

20 the Heritage Area. 

21 (2) COMPOSITION.—The local coordinating enti22 ty shall be composed of 1 member appointed by the 

23 governing authority of each parish within the Herit24 age Area. 
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1 SEC. 6. AUTHORITIES AND DUTIES OF THE LOCAL COORDI2 NATING ENTITY. 

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

4 and implementing the management plan approved by the 

5 Secretary, the local coordinating entity may— 

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

7 agreements with, the State, units of local govern8 ment, and private organizations; 

9 (2) hire and compensate staff; and 

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

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

12 (1) submit to the Secretary for approval a man13 agement plan; 

14 (2) implement the management plan, including 

15 providing assistance to units of government and oth16 ers in— 

17 (A) carrying out programs that recognize 

18 important resource values within the Heritage 

19 Area; 

20 (B) encouraging sustainable economic de21 velopment within the Heritage Area; 

22 (C) establishing and maintaining interpre23 tive sites within the Heritage Area; and 

24 (D) increasing public awareness and appre25 ciation for the natural, historic, and cultural re26 sources of the Heritage Area; 
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1 (3) adopt bylaws governing the conduct of the 

2 local coordinating entity; and 

3 (4) for any year for which Federal funds are re4 ceived under this Act, submit to the Secretary a re5 port that describes, for the year— 

6 (A) the accomplishments of the local co7 ordinating entity; and 

8 (B) the expenses and income of the local 

9 coordinating entity. 

10 (c) ACQUISITION OF REAL PROPERTY.—No Federal 

11 funds authorized under this Act may be used to acquire 

12 real property or any interest in real property. 

13 (d) PUBLIC MEETINGS.—The local coordinating enti14 ty shall conduct public meetings at least quarterly. 

15 SEC. 7. MANAGEMENT PLAN. 

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

17 develop a management plan for the Heritage Area that 

18 incorporates an integrated and cooperative approach to 

19 conserve, interpret, and enhance the natural, scenic, cul20 tural, historic, and recreational resources of the Heritage 

21 Area consistent with local, State and Federal land use 

22 laws and compatible with the economic viability of the 

23 Heritage 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 Federal, State, and 

5 local plans land use, laws, and 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 conservation, interpreta23 tion, and enjoyment of the resources of the Heritage 

24 Area identified in the management plan and found 

25 by the Secretary to be consistent with this Act and 
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1 consistent with economic viability of the Heritage 

2 Area; 

3 (3) an interpretation plan for the Heritage 

4 Area; and 

5 (4) a program for implementation of the man6 agement plan that includes— 

7 (A) actions that may be carried out by 

8 units of government, private organizations, and 

9 public-private partnerships to protect the re10 sources of the Heritage Area; and 

11 (B) the identification of existing and po12 tential sources of funding for implementing the 

13 plan. 

14 (d) SUBMISSION TO SECRETARY FOR APPROVAL.— 

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

16 the date of the enactment of this Act, the local co17 ordinating entity shall submit the management plan 

18 to the Secretary for approval. 

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

20 management plan is not submitted to the Secretary 

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

22 shall not provide any additional funding under this 

23 Act until a management plan for the Heritage Area 

24 is submitted to the Secretary. 

25 (e) APPROVAL.— 
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1 (1) IN GENERAL.—Not later than 90 days after 

2 receiving the management plan submitted under 

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

4 the State, shall approve or disapprove the manage5 ment plan. 

6 (2) ACTION FOLLOWING DISAPPROVAL.— 

7 (A) IN GENERAL.—If the Secretary dis8 approves a management plan under paragraph 

9 (1), the Secretary shall— 

10 (i) advise the local coordinating entity 

11 in writing of the reasons for the dis12 approval; 

13 (ii) make recommendations for revi14 sions to the management plan; and 

15 (iii) allow the local coordinating entity 

16 to submit to the Secretary revisions to the 

17 management plan. 

18 (B) DEADLINE FOR APPROVAL OF REVI19 SION.—Not later than 90 days after the date on 

20 which a revision is submitted under subpara21 graph (A)(iii), the Secretary shall approve or 

22 disapprove the revision. 

23 (f) REVISION.— 
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1 (1) IN GENERAL.—After approval by the Sec2 retary of a management plan, the local coordinating 

3 entity shall periodically— 

4 (A) review the management plan; and 

5 (B) submit to the Secretary, for review 

6 and approval by the Secretary, the rec7 ommendations of the local coordinating entity 

8 for any revisions to the management plan that 

9 the local coordinating entity considers to be ap10 propriate. 

11 (2) EXPENDITURE OF FUNDS.—Funds made 

12 available under this Act shall be used only to imple13 ment the approved management plan. 

14 SEC. 8. REQUIREMENTS FOR INCLUSION OF PRIVATE 

15 PROPERTY. 

16 (a) NOTIFICATION AND CONSENT OF PROPERTY

17 OWNERS REQUIRED.—No privately owned property shall 

18 be preserved, conserved, or promoted by the management 

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

20 property has been notified in writing by the management 

21 entity and has given written consent to the management 

22 entity for such preservation, conservation, or promotion. 

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

24 property included within the boundary of the Heritage 

25 Area shall have that private property immediately removed 
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1 from the boundary by submitting a written request to the 

2 management entity. 

3 SEC. 9. PRIVATE PROPERTY PROTECTION. 

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

5 this Act shall be construed to— 

6 (1) require any private property owner to allow 

7 public access (including Federal, State, or local gov8 ernment access) to such private property; or 

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

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

11 private property. 

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

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

14 any effect on any liability under any other law, of any pri15 vate property owner with respect to any persons injured 

16 on that private property. 

17 (c) PARTICIPATION OF PRIVATE PROPERTY OWNERS

18 IN HERITAGE AREA.—Nothing in this Act shall be con19 strued to require the owner of any private property located 

20 within the boundaries of the Heritage Area to participate 

21 in or be associated with the Heritage Area. 

22 SEC. 10. EFFECT OF ACT. 

23 Nothing in this Act— 
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1 (1) grants any Federal agency regulatory au2 thority over any interest in the Heritage Area, un3 less cooperatively agreed to by all involved parties; 

4 (2) modifies, enlarges, or diminishes any au5 thority of the Federal, or State, or local government 

6 to regulate any use of land as provided for by law 

7 (including regulations) in existence on the date of 

8 the enactment of this Act; 

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

10 the local coordinating entity; 

11 (4) imposes any environmental, occupational, 

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

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

14 enactment of this Act that would be applicable had 

15 the Heritage Area not been established; 

16 (5) imposes any change in Federal environ17 mental quality standards; 

18 (6) abridges, restricts, or alters any applicable 

19 rule, standard, or review procedure for permitting of 

20 facilities within or adjacent to the Heritage Area; or 

21 (7) affects the continuing use and operation, 

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

23 of any public or private facility, including any public 

24 utility or common carrier. 
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1 SEC. 11. AUTHORIZATION OF APPROPRIATIONS. 

2 There is authorized to be appropriated to carry out 

3 this Act $10,000,000, of which not more than $1,000,000 

4 shall be made available for any fiscal year. 

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