I 

112TH CONGRESS 

1ST SESSION H. R. 2378 

To establish the Buffalo Bayou National Heritage Area in the State of 

Texas, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 24, 2011 

Mr. GENE GREEN of Texas (for himself, Mr. OLSON, and Ms. JACKSON LEE

of Texas) introduced the following bill; which was referred to the Committee on Natural Resources 

A BILL 

To establish the Buffalo Bayou National Heritage Area in 

the State of Texas, 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 ‘‘Buffalo Bayou Na5 tional Heritage Area Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

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

9 Area’’ means the Buffalo Bayou National Heritage 

10 Area, established in this Act. 


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1 (2) MANAGEMENT ENTITY.—The term ‘‘man2 agement entity’’ means the management entity for 

3 the Heritage Area designated by this Act. 

4 (3) MANAGEMENT PLAN.—The term ‘‘manage5 ment plan’’ means the management plan for the 

6 Heritage Area required under this Act. 

7 (4) MAP.—The term ‘‘map’’ means the map en8 titled ‘‘Buffalo Bayou National Heritage Area Pro9 posed Boundary’’, numbered T11/101,592, and 

10 dated March 2010. 

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

12 the Secretary of the Interior. 

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

14 of Texas. 

15 SEC. 3. BUFFALO BAYOU NATIONAL HERITAGE AREA. 

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

17 State the Buffalo Bayou National Heritage Area. 

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

19 of areas included in the map in Harris County, Texas. 

20 (c) MAP.—A map of the Heritage Area shall be— 

21 (1) included in the management plan; and 

22 (2) on file and available for public inspection in 

23 the appropriate offices of the National Park Service. 


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1 (d) MANAGEMENT ENTITY.—The management entity 

2 for the Heritage Area shall be the Buffalo Bayou National 

3 Heritage Area Corporation. 

4 SEC. 4. ADMINISTRATION. 

5 The management entity shall— 

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

7 submit a management plan for the Heritage Area to 

8 the Secretary; 

9 (2) assist units of local government, regional 

10 planning organizations, and nonprofit organizations 

11 in carrying out the approved management plan by— 

12 (A) carrying out programs and projects 

13 that recognize, protect, and enhance important 

14 resource values in the Heritage Area; 

15 (B) establishing and maintaining interpre16 tive exhibits and programs in the Heritage 

17 Area; 

18 (C) developing recreational and educational 

19 opportunities in the Heritage Area; 

20 (D) increasing public awareness of, and 

21 appreciation for, natural, historical, scenic, and 

22 cultural resources of the Heritage Area; 

23 (E) protecting and restoring historic sites 

24 and buildings in the Heritage Area that are 

25 consistent with Heritage Area themes; 


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1 (F) ensuring that clear, consistent, and ap2 propriate signs identifying points of public ac3 cess, and sites of interest are posted throughout 

4 the Heritage Area; and 

5 (G) promoting a wide range of partner6 ships among governments, organizations, and 

7 individuals to further the Heritage Area; 

8 (3) consider the interests of diverse units of 

9 government, businesses, organizations, and individ10 uals in the Heritage Area in the preparation and im11 plementation of the management plan; 

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

13 semiannually regarding the development and imple14 mentation of the management plan; and 

15 (5) submit an annual report to the Secretary 

16 that describes the activities, expenses, and income of 

17 the management entity (including grants to any 

18 other entities during the year that the report is 

19 made). 

20 SEC. 5. MANAGEMENT PLAN. 

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

22 date of enactment of this Act, the management entity shall 

23 submit to the Secretary for approval a proposed manage24 ment plan for the Heritage Area. 

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


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1 (1) incorporate an integrated and cooperative 

2 approach for the protection, enhancement, and inter3 pretation of the natural, cultural, historic, scenic, 

4 and recreational resources of the Heritage Area; 

5 (2) take into consideration State and local 

6 plans; 

7 (3) include— 

8 (A) an inventory of— 

9 (i) the resources located in the core 

10 area described in section 4(b); and 

11 (ii) any other property in the core 

12 area that— 

13 (I) is related to the themes of the 

14 Heritage Area; and 

15 (II) should be preserved, re16 stored, managed, or maintained be17 cause of the significance of the prop18 erty; 

19 (B) comprehensive policies, strategies, and 

20 recommendations for conservation, funding, 

21 management, and development of the Heritage 

22 Area; 

23 (C) a description of actions that govern24 ments, private organizations, and individuals 

25 have agreed to take to protect the natural, hisVerDate Mar 15 2010 04:09 Jul 01, 2011 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2378.IH H2378

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1 torical, and cultural resources of the Heritage 

2 Area; 

3 (D) a program of implementation for the 

4 management plan by the management entity 

5 that includes a description of actions to facili6 tate ongoing collaboration among partners to— 

7 (i) promote plans for resource protec8 tion, restoration, and construction; and 

9 (ii) specific commitments for imple10 mentation that have been made by the 

11 management entity or any government, or12 ganization, or individual for the first 5 

13 years of operation; 

14 (E) the identification of sources of funding 

15 for carrying out the management plan; 

16 (F) analysis and recommendations for 

17 means by which local, State, and Federal pro18 grams, including the role of the National Park 

19 Service in the Heritage Area, may best be co20 ordinated to carry out this Act; and 

21 (G) an interpretive plan for the Heritage 

22 Area; and 

23 (4) recommend policies and strategies for re24 source management that consider and detail the ap25 plication of appropriate land and water management 


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1 techniques, including the development of intergov2 ernmental and interagency cooperative agreements 

3 to protect the natural, historical, cultural, edu4 cational, scenic, and recreational resources of the 

5 Heritage Area. 

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

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

8 after the date of enactment of this Act, the management 

9 entity shall be ineligible to receive the designation of a 

10 National Heritage Area under this Act until the date that 

11 the Secretary receives and approves the management plan. 

12 (d) APPROVAL OR DISAPPROVAL OF MANAGEMENT

13 PLAN.— 

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

15 after the date of receipt of the management plan 

16 under subsection (a), the Secretary, in consultation 

17 with the State, shall approve or disapprove the man18 agement plan. 

19 (2) CRITERIA FOR APPROVAL.—In determining 

20 whether to approve the management plan, the Sec21 retary shall consider whether— 

22 (A) the management entity is representa23 tive of the diverse interests of the Heritage 

24 Area, including governments, natural and his25 toric resource protection organizations, eduVerDate Mar 15 2010 04:09 Jul 01, 2011 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2378.IH H2378

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1 cational institutions, businesses, and rec2 reational organizations; 

3 (B) the management entity has afforded 

4 adequate opportunity, including public hearings, 

5 for public and governmental involvement in the 

6 preparation of the management plan; and 

7 (C) the resource protection and interpreta8 tion strategies contained in the management 

9 plan, if implemented, would adequately protect 

10 the natural, historical, and cultural resources of 

11 the Heritage Area. 

12 (3) ACTION FOLLOWING DISAPPROVAL.—If the 

13 Secretary disapproves the management plan under 

14 paragraph (1), the Secretary shall— 

15 (A) advise the management entity in writ16 ing of the reasons for the disapproval; 

17 (B) make recommendations for revisions to 

18 the management plan; and 

19 (C) not later than 180 days after the re20 ceipt of any proposed revision of the manage21 ment plan from the management entity, ap22 prove or disapprove the proposed revision. 

23 (4) AMENDMENTS.—The Secretary shall ap24 prove or disapprove each amendment to the manageVerDate Mar 15 2010 04:09 Jul 01, 2011 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2378.IH H2378

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1 ment plan that the Secretary determines makes a 

2 substantial change to the management plan. 

3 SEC. 6. RELATIONSHIP TO OTHER FEDERAL AGENCIES. 

4 (a) IN GENERAL.—Nothing in this Act affects the au5 thority of a Federal agency to provide technical or finan6 cial assistance under any other law. 

7 (b) CONSULTATION AND COORDINATION.—The head 

8 of any Federal agency planning to conduct activities that 

9 may have an impact on the Heritage Area is encouraged 

10 to consult and coordinate the activities with the Secretary 

11 and the management entity to the maximum extent prac12 ticable. 

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

14 Act— 

15 (1) modifies, alters, or amends any law or regu16 lation authorizing a Federal agency to manage Fed17 eral land under the jurisdiction of the Federal agen18 cy; 

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. 7. PRIVATE PROPERTY PROTECTION. 

2 Nothing in this Act— 

3 (1) abridges the rights of any property owner 

4 (whether public or private), including the right to re5 frain from participating in any plan, project, pro6 gram, or activity conducted within the Heritage 

7 Area; 

8 (2) requires any property owner to permit pub9 lic access (including access by Federal, State, or 

10 local agencies) to the property of the property 

11 owner, or to modify public access or use of property 

12 of the property owner under any other Federal, 

13 State, or local law; 

14 (3) alters any duly adopted land use regulation, 

15 approved land use plan, or other regulatory author16 ity of any Federal, State or local agency, or conveys 

17 any land use or other regulatory authority to the 

18 management entity; 

19 (4) authorizes or implies the reservation or ap20 propriation of water or water rights; 

21 (5) diminishes the authority of the State to 

22 manage fish and wildlife, including the regulation of 

23 fishing and hunting within the Heritage Area; or 

24 (6) creates any liability, or affects any liability 

25 under any other law, of any private property owner 


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1 with respect to any person injured on the private 

2 property. 

3 SEC. 8. WATER RIGHTS. 

4 (a) STATEMENT OF POLICY.—Nothing in this Act is 

5 meant to modify the Rio Grande Natural Area Act. 

6 (b) APPLICABILITY.—Nothing in this Act— 

7 (1) amends, modifies, or is in conflict with the 

8 Act of May 31, 1939 (53 Stat. 785, chapter 155); 

9 (2) authorizes the regulation of private land in 

10 the Heritage Area; 

11 (3) authorizes the imposition of any mandatory 

12 streamflow requirements; 

13 (4) creates an express or implied Federal re14 served water right; 

15 (5) imposes any Federal water quality standard 

16 within or upstream of the Heritage Area that is 

17 more restrictive than would be applicable had the 

18 Heritage Area not been established; or 

19 (6) prevents the State of Texas from acquiring 

20 an instream flow through the Heritage Area under 

21 the terms, conditions, and limitations of State law to 

22 assist in protecting the natural environment to the 

23 extent and for the purposes authorized by State law. 


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1 SEC. 9. EVALUATION REPORT. 

2 (a) IN GENERAL.—Ten years after the establishment 

3 of the Heritage Area, the Secretary shall— 

4 (1) conduct an evaluation of the accomplish5 ments of the Heritage Area; and 

6 (2) prepare a report in accordance with sub7 section (c). 

8 (b) EVALUATION.—An evaluation conducted under 

9 subsection (a)(1) shall— 

10 (1) assess the progress of the management enti11 ty with respect to— 

12 (A) accomplishing the purposes of this Act 

13 for the Heritage Area; and 

14 (B) achieving the goals and objectives of 

15 the approved management plan for the Heritage 

16 Area; 

17 (2) analyze the Federal, State, local, and pri18 vate investments in the Heritage Area to determine 

19 the impact of the investments; and 

20 (3) review the management structure, partner21 ship relationships, and funding of the Heritage Area 

22 for purposes of identifying the critical components 

23 for sustainability of the Heritage Area. 

24 (c) REPORT.— 

25 (1) IN GENERAL.—Based on the evaluation con26 ducted under subsection (a)(1), the Secretary shall 


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1 prepare a report that includes recommendations for 

2 the future role of the National Park Service, if any, 

3 with respect to the Heritage Area. 

4 (2) SUBMISSION TO CONGRESS.—On completion 

5 of the report, the Secretary shall submit the report 

6 to— 

7 (A) the Committee on Energy and Natural 

8 Resources of the Senate; and 

9 (B) the Committee on Natural Resources 

10 of the House of Representatives. 

Æ 


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