IB 
Union Calendar No. 215
108TH CONGRESS 
1ST SESSION H. R. 1798
[Report No. 108–365] 
To establish the Upper Housatonic Valley National Heritage Area in the 
State of Connecticut and the Commonwealth of Massachusetts, and for 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 11, 2003
Mrs. JOHNSON of Connecticut (for herself and Mr. OLVER) introduced the 
following bill; which was referred to the Committee on Resources 
NOVEMBER 17, 2003
Additional sponsor: Mr. PETERSON of Pennsylvania 
NOVEMBER 17, 2003 
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 April 11, 2003] 
A BILL 
To establish the Upper Housatonic Valley National Heritage 
Area in the State of Connecticut and the Commonwealth 
of Massachusetts, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Upper Housatonic Val-
ley National Heritage Area Act’’. 
SEC. 2. FINDINGS AND PURPOSES. 
(a) FINDINGS.—Congress finds the following: 
(1) The upper Housatonic Valley, encompassing 
29 towns in the hilly terrain of western Massachusetts 
and northwestern Connecticut, is a singular geo-
graphical and cultural region that has made signifi-
cant national contributions through its literary, artis-
tic, musical, and architectural achievements, its iron, 
paper, and electrical equipment industries, and its 
scenic beautification and environmental conservation 
efforts. 
(2) The upper Housatonic Valley has 139 prop-
erties and historic districts listed on the National 
Register of Historic Places including—
(A) five National Historic Landmarks—
(i) Edith Wharton’s home, The Mount, 
Lenox, Massachusetts; 
(ii) Herman Melville’s home, Arrow-
head, Pittsfield, Massachusetts; 
(iii) W.E.B. DuBois’ Boyhood Home-
site, Great Barrington, Massachusetts; 
(iv) Mission House, Stockbridge, Mas-
sachusetts; and 
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(v) Crane and Company Old Stone 
Mill Rag Room, Dalton, Massachusetts; and 
(B) four National Natural Landmarks—
(i) Bartholomew’s Cobble, Sheffield, 
Massachusetts, and Salisbury, Connecticut; 
(ii) Beckley Bog, Norfolk, Connecticut; 
(iii) Bingham Bog, Salisbury, Con-
necticut; and 
(iv) Cathedral Pines, Cornwall, Con-
necticut. 
(3) Writers, artists, musicians, and vacationers 
have visited the region for more than 150 years to 
enjoy its scenic wonders, making it one of the coun-
try’s leading cultural resorts. 
(4) The upper Housatonic Valley has made sig-
nificant national cultural contributions through such 
writers as Herman Melville, Nathaniel Hawthorne, 
Edith Wharton, and W.E.B. DuBois, artists Daniel 
Chester French and Norman Rockwell, and the per-
forming arts centers of Tanglewood, Music Mountain, 
Norfolk (Connecticut) Chamber Music Festival, Ja-
cob’s Pillow, and Shakespeare & Company. 
(5) The upper Housatonic Valley is noted for its 
pioneering achievements in the iron, paper, and elec-
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trical generation industries and has cultural resources 
to interpret those industries. 
(6) The region became a national leader in sce-
nic beautification and environmental conservation ef-
forts following the era of industrialization and defor-
estation and maintains a fabric of significant con-
servation areas including the meandering Housatonic 
River. 
(7) Important historical events related to the 
American Revolution, Shays’ Rebellion, and early 
civil rights took place in the upper Housatonic Val-
ley. 
(8) The region had an American Indian presence 
going back 10,000 years and Mohicans had a forma-
tive role in contact with Europeans during the seven-
teenth and eighteenth centuries. 
(9) The Upper Housatonic Valley National Her-
itage Area has been proposed in order to heighten ap-
preciation of the region, preserve its natural and his-
torical resources, and improve the quality of life and 
economy of the area. 
(b) PURPOSES.—The purposes of this Act are as fol-
lows: 
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(1) To establish the Upper Housatonic Valley 
National Heritage Area in the State of Connecticut 
and the Commonwealth of Massachusetts. 
(2) To implement the national heritage area al-
ternative as described in the document entitled 
‘‘Upper Housatonic Valley National Heritage Area 
Feasibility Study, 2003’’. 
(3) To provide a management framework to fos-
ter a close working relationship with all levels of gov-
ernment, the private sector, and the local communities 
in the upper Housatonic Valley region to conserve the 
region’s heritage while continuing to pursue compat-
ible economic opportunities. 
(4) To assist communities, organizations, and 
citizens in the State of Connecticut and the Common-
wealth of Massachusetts in identifying, preserving, in-
terpreting, and developing the historical, cultural, sce-
nic, and natural resources of the region for the edu-
cational and inspirational benefit of current and fu-
ture generations. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) HERITAGE
AREA.—The term ‘‘Heritage 
Area’’ means the Upper Housatonic Valley National 
Heritage Area, established in section 4.
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(2) MANAGEMENT ENTITY.—The term ‘‘Manage-
ment Entity’’ means the management entity for the 
Heritage Area designated by section 4(d). 
(3) MANAGEMENT
PLAN.—The term ‘‘Manage-
ment Plan’’ means the management plan for the Her-
itage Area specified in section 6.
(4) MAP.—The term ‘‘map’’ means the map enti-
tled ‘‘Boundary Map Upper Housatonic Valley Na-
tional Heritage Area’’, numbered P17/80,000, and 
dated February 2003. 
(5) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(6) STATE.—The term ‘‘State’’ means the State 
of Connecticut and the Commonwealth of Massachu-
setts. 
SEC. 4. UPPER HOUSATONIC VALLEY NATIONAL HERITAGE 
AREA. 
(a) ESTABLISHMENT.—There is established the Upper 
Housatonic Valley National Heritage Area. 
(b) BOUNDARIES.—The Heritage Area shall be com-
prised of—
(1) part of the Housatonic River’s watershed, 
which extends 60 miles from Lanesboro, Massachusetts 
to Kent, Connecticut; 
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(2) the towns of Canaan, Colebrook, Cornwall, 
Kent, Norfolk, North Canaan, Salisbury, Sharon, and 
Warren in Connecticut; and 
(3) the towns of Alford, Becket, Dalton, 
Egremont, Great Barrington, Hancock, Hinsdale, 
Lanesboro, Lee, Lenox, Monterey, Mount Washington, 
New Marlboro, Pittsfield, Richmond, Sheffield, Stock-
bridge, Tyringham, Washington, and West Stock-
bridge in Massachusetts. 
(c) AVAILABILITY OF MAP.—The map shall be on file 
and available for public inspection in the appropriate of-
fices of the National Park Service, Department of the Inte-
rior. 
(d) MANAGEMENT ENTITY.—The Upper Housatonic 
Valley National Heritage Area, Inc. shall be the manage-
ment entity for the Heritage Area. 
SEC. 5. AUTHORITIES, PROHIBITIONS AND DUTIES OF THE 
MANAGEMENT ENTITY. 
(a) DUTIES OF THE MANAGEMENT ENTITY.—To fur-
ther the purposes of the Heritage Area, the management en-
tity shall—
(1) prepare and submit a management plan for 
the Heritage Area to the Secretary in accordance with 
section 6; 
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(2) assist units of local government, regional 
planning organizations, and nonprofit organizations 
in implementing the approved management plan 
by—
(A) carrying out programs and projects 
that recognize, protect and enhance important 
resource values within the Heritage Area; 
(B) establishing and maintaining interpre-
tive exhibits and programs within the Heritage 
Area; 
(C) developing recreational and educational 
opportunities in the Heritage Area; 
(D) increasing public awareness of and ap-
preciation for natural, historical, scenic, and 
cultural resources of the Heritage Area; 
(E) protecting and restoring historic sites 
and buildings in the Heritage Area that are con-
sistent with heritage area themes; 
(F) ensuring that signs identifying points 
of public access and sites of interest are posted 
throughout the Heritage Area; and 
(G) promoting a wide range of partnerships 
among governments, organizations and individ-
uals to further the purposes of the Heritage Area; 
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(3) consider the interests of diverse units of gov-
ernment, businesses, organizations and individuals in 
the Heritage Area in the preparation and implemen-
tation of the management plan; 
(4) conduct meetings open to the public at least 
semi-annually regarding the development and imple-
mentation of the management plan; 
(5) submit an annual report to the Secretary for 
any fiscal year in which the management entity re-
ceives Federal funds under this Act, setting forth its 
accomplishments, expenses, and income, including 
grants to any other entities during the year for which 
the report is made; 
(6) make available for audit for any fiscal year 
in which it receives Federal funds under this Act, all 
information pertaining to the expenditure of such 
funds and any matching funds, and require in all 
agreements authorizing expenditures of Federal funds 
by other organizations, that the receiving organiza-
tions make available for such audit all records and 
other information pertaining to the expenditure of 
such funds; and 
(7) encourage by appropriate means economic 
development that is consistent with the purposes of 
the Heritage Area. 
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(b) AUTHORITIES.—The management entity may, for 
the purposes of preparing and implementing the manage-
ment plan for the Heritage Area, use Federal funds made 
available through this Act to—
(1) make grants to the State of Connecticut and 
the Commonwealth of Massachusetts, their political 
subdivisions, nonprofit organizations and other per-
sons; 
(2) enter into cooperative agreements with or 
provide technical assistance to the State of Con-
necticut and the Commonwealth of Massachusetts, 
their subdivisions, nonprofit organizations, and other 
interested parties; 
(3) hire and compensate staff, which shall in-
clude individuals with expertise in natural, cultural, 
and historical resources protection, and heritage pro-
gramming; 
(4) obtain money or services from any source in-
cluding any that are provided under any other Fed-
eral law or program; 
(5) contract for goods or services; and 
(6) undertake to be a catalyst for any other ac-
tivity that furthers the purposes of the Heritage Area 
and is consistent with the approved management 
plan.
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(c) PROHIBITIONS
ON
THE ACQUISITION
OF REAL 
PROPERTY.—The management entity may not use Federal 
funds received under this Act to acquire real property, but 
may use any other source of funding, including other Fed-
eral funding outside this authority, intended for the acqui-
sition of real property. 
SEC. 6. MANAGEMENT PLAN. 
(a) IN GENERAL.—The management plan for the Her-
itage Area shall—
(1) include comprehensive policies, strategies and 
recommendations for conservation, funding, manage-
ment and development of the Heritage Area; 
(2) take into consideration existing State, coun-
ty, and local plans in the development of the manage-
ment plan and its implementation; 
(3) include a description of actions that govern-
ments, private organizations, and individuals have 
agreed to take to protect the natural, historical and 
cultural resources of the Heritage Area; 
(4) specify the existing and potential sources of 
funding to protect, manage, and develop the Heritage 
Area in the first 5 years of implementation; 
(5) include an inventory of the natural, histor-
ical, cultural, educational, scenic, and recreational re-
sources of the Heritage Area related to the themes of 
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the Heritage Area that should be preserved, restored, 
managed, developed, or maintained; 
(6) describe a program of implementation for the 
management plan including plans for resource protec-
tion, restoration, construction, and specific commit-
ments for implementation that have been made by the 
management entity or any government, organization, 
or individual for the first 5 years of implementation; 
and 
(7) include an interpretive plan for the Heritage 
Area. 
(b) DEADLINE AND TERMINATION OF FUNDING.—
(1) DEADLINE.—The management entity shall 
submit the management plan to the Secretary for ap-
proval within 3 years after funds are made available 
for this Act. 
(2) TERMINATION OF FUNDING.—If the manage-
ment plan is not submitted to the Secretary in ac-
cordance with this subsection, the management entity 
shall not qualify for Federal funding under this Act 
until such time as the management plan is submitted 
to the Secretary. 
SEC. 7. DUTIES AND AUTHORITIES OF THE SECRETARY. 
(a) TECHNICAL
AND FINANCIAL ASSISTANCE.—The 
Secretary may, upon the request of the management entity, 
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provide technical assistance on a reimbursable or non-reim-
bursable basis and financial assistance to the Heritage Area 
to develop and implement the approved management plan. 
The Secretary is authorized to enter into cooperative agree-
ments with the management entity and other public or pri-
vate entities for this purpose. In assisting the Heritage 
Area, the Secretary shall give priority to actions that in 
general assist in—
(1) conserving the significant natural, historical, 
cultural, and scenic resources of the Heritage Area; 
and 
(2) providing educational, interpretive, and rec-
reational opportunities consistent with the purposes of 
the Heritage Area. 
(b) APPROVAL AND DISAPPROVAL OF MANAGEMENT 
PLAN.—
(1) IN GENERAL.—The Secretary shall approve 
or disapprove the management plan not later than 90 
days after receiving the management plan. 
(2) CRITERIA FOR APPROVAL.—In determining 
the approval of the management plan, the Secretary 
shall consider whether—
(A) the management entity is representative 
of the diverse interests of the Heritage Area in-
cluding governments, natural and historic re-
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source protection organizations, educational in-
stitutions, businesses, and recreational organiza-
tions; 
(B) the management entity has afforded 
adequate opportunity, including public hearings, 
for public and governmental involvement in the 
preparation of the management plan; 
(C) the resource protection and interpreta-
tion strategies contained in the management 
plan, if implemented, would adequately protect 
the natural, historical, and cultural resources of 
the Heritage Area; and 
(D) the management plan is supported by 
the appropriate State and local officials whose 
cooperation is needed to ensure the effective im-
plementation of the State and local aspects of the 
management plan. 
(3) ACTION
FOLLOWING
DISAPPROVAL.—If the 
Secretary disapproves the management plan, the Sec-
retary shall advise the management entity in writing 
of the reasons therefore and shall make recommenda-
tions for revisions to the management plan. The Sec-
retary shall approve or disapprove a proposed revi-
sion within 60 days after the date it is submitted. 
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(4) APPROVAL
OF
AMENDMENTS.—Substantial 
amendments to the management plan shall be re-
viewed by the Secretary and approved in the same 
manner as provided for the original management 
plan. The management entity shall not use Federal 
funds authorized by this Act to implement any 
amendments until the Secretary has approved the 
amendments. 
SEC. 8. DUTIES OF OTHER FEDERAL AGENCIES. 
Any Federal agency conducting or supporting activi-
ties directly affecting the Heritage Area shall—
(1) consult with the Secretary and the manage-
ment entity with respect to such activities; 
(2) cooperate with the Secretary and the man-
agement entity in carrying out their duties under this 
Act and, to the maximum extent practicable, coordi-
nate such activities with the carrying out of such du-
ties; and, 
(3) to the maximum extent practicable, conduct 
or support such activities in a manner which the 
management entity determines will not have an ad-
verse effect on the Heritage Area.
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SEC. 9. REQUIREMENTS FOR INCLUSION OF PRIVATE PROP-
ERTY. 
(a) NOTIFICATION AND CONSENT OF PROPERTY OWN-
ERS REQUIRED.—No privately owned property shall be pre-
served, conserved, or promoted by the management plan for 
the Heritage Area until the owner of that private property 
has been notified in writing by the management entity and 
has given written consent for such preservation, conserva-
tion, or promotion to the management entity. 
(b) LANDOWNER WITHDRAW.—Any owner of private 
property included within the boundary of the Heritage Area 
shall have their property immediately removed from the 
boundary by submitting a written request to the manage-
ment entity. 
SEC. 10. PRIVATE PROPERTY PROTECTION. 
(a) ACCESS TO PRIVATE PROPERTY.—Nothing in this 
Act shall be construed to—
(1) require any private property owner to allow 
public access (including Federal, State, or local gov-
ernment access) to such private property; or 
(2) modify any provision of Federal, State, or 
local law with regard to public access to or use of pri-
vate property. 
(b) LIABILITY.—Designation of the Heritage Area 
shall not be considered to create any liability, or to have 
any effect on any liability under any other law, of any pri-
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vate property owner with respect to any persons injured 
on such private property. 
(c) RECOGNITION OF AUTHORITY TO CONTROL LAND 
USE.—Nothing in this Act shall be construed to modify the 
authority of Federal, State, or local governments to regulate 
land use. 
(d) PARTICIPATION OF PRIVATE PROPERTY OWNERS 
IN HERITAGE AREA.—Nothing in this Act shall be con-
strued to require the owner of any private property located 
within the boundaries of the Heritage Area to participate 
in or be associated with the Heritage Area. 
(e) EFFECT
OF ESTABLISHMENT.—The boundaries 
designated for the Heritage Area represent the area within 
which Federal funds appropriated for the purpose of this 
Act may be expended. The establishment of the Heritage 
Area and its boundaries shall not be construed to provide 
any nonexisting regulatory authority on land use within 
the Heritage Area or its viewshed by the Secretary, the Na-
tional Park Service, or the management entity. 
SEC. 11. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—There is authorized to be appro-
priated for the purposes of this Act not more than 
$1,000,000 for any fiscal year. Not more than a total of 
$10,000,000 may be appropriated for the Heritage Area 
under this Act. 
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(b) MATCHING FUNDS.—Federal funding provided 
under this Act may not exceed 50 percent of the total cost 
of any assistance or grant provided or authorized under this 
Act. 
SEC. 12. SUNSET. 
The authority of the Secretary to provide assistance 
under this Act shall terminate on the day occurring 15 
years after funds are first made available for this Act.
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Union Calendar No. 215
108TH CONGRESS 
1ST SESSION 
H. R. 1798
[Report No. 108–365] 
A BILL 
To establish the Upper Housatonic Valley National 
Heritage Area in the State of Connecticut and 
the Commonwealth of Massachusetts, and for 
other purposes. 
NOVEMBER 17, 2003
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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