I 
111TH CONGRESS 
2D SESSION 
H. R. 5144 
To establish the Buffalo Bayou National Heritage Area in the State of 
Texas, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 27, 2010 
Mr. GENE GREEN 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Buffalo Bayou Na-
tional Heritage Area Act’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) HERITAGE
AREA.—The term ‘‘Heritage 
Area’’ means the Buffalo Bayou National Heritage 
Area, established in this Act. 
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(d) MANAGEMENT ENTITY.—The management entity 
for the Heritage Area shall be the Buffalo Bayou National 
Heritage Area Corporation. 
SEC. 4. ADMINISTRATION. 
(a) AUTHORITIES.—For purposes of carrying out the 
management plan, the Secretary, acting through the man-
agement entity, may use amounts made available under 
this Act to— 
(1) make grants to the State or a political sub-
division of the State, nonprofit organizations, and 
other persons; 
(2) enter into cooperative agreements with, or 
provide technical assistance to, the State or a polit-
ical subdivision of the State, 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 
including any that are provided under any other 
Federal law or program; 
(5) contract for goods or services; and 
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(6) undertake to be a catalyst for any other ac-
tivity that furthers the Heritage Area and is con-
sistent with the approved management plan. 
(b) DUTIES.—The management entity shall— 
(1) in accordance with section 5, prepare and 
submit a management plan for the Heritage Area to 
the Secretary; 
(2) assist units of local government, regional 
planning organizations, and nonprofit organizations 
in carrying out the approved management plan by— 
(A) carrying out programs and projects 
that recognize, protect, and enhance important 
resource values in the Heritage Area; 
(B) establishing and maintaining interpre-
tive exhibits and programs in the Heritage 
Area; 
(C) developing recreational and educational 
opportunities in the Heritage Area; 
(D) increasing public awareness of, and 
appreciation 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 
consistent with Heritage Area themes; 
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(F) ensuring that clear, consistent, and ap-
propriate signs identifying points of public ac-
cess, and sites of interest are posted throughout 
the Heritage Area; and 
(G) promoting a wide range of partner-
ships among governments, organizations, and 
individuals to further the Heritage Area; 
(3) consider the interests of diverse units of 
government, businesses, organizations, and individ-
uals in the Heritage Area in the preparation and im-
plementation of the management plan; 
(4) conduct meetings open to the public at least 
semiannually regarding the development and imple-
mentation of the management plan; 
(5) for any year that Federal funds have been 
received under this Act— 
(A) submit an annual report to the Sec-
retary that describes the activities, expenses, 
and income of the management entity (includ-
ing grants to any other entities during the year 
that the report is made); 
(B) make available to the Secretary for 
audit all records relating to the expenditure of 
the funds and any matching funds; and 
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(C) require, with respect to all agreements 
authorizing expenditure of Federal funds by 
other organizations, that the organizations re-
ceiving the funds make available to the Sec-
retary for audit all records concerning the ex-
penditure of the funds; and 
(6) encourage by appropriate means economic 
viability that is consistent with the Heritage Area. 
(c) PROHIBITION ON THE ACQUISITION OF REAL 
PROPERTY.—The management entity shall not use Fed-
eral funds made available under this Act to acquire real 
property or any interest in real property. 
(d) COST-SHARING REQUIREMENT.—The Federal 
share of the cost of any activity carried out using any as-
sistance made available under this Act shall be 50 percent. 
SEC. 5. MANAGEMENT PLAN. 
(a) IN GENERAL.—Not later than 3 years after the 
date of enactment of this Act, the management entity shall 
submit to the Secretary for approval a proposed manage-
ment plan for the Heritage Area. 
(b) REQUIREMENTS.—The management plan shall— 
(1) incorporate an integrated and cooperative 
approach for the protection, enhancement, and inter-
pretation of the natural, cultural, historic, scenic, 
and recreational resources of the Heritage Area; 
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(2) take into consideration State and local 
plans; 
(3) include— 
(A) an inventory of— 
(i) the resources located in the core 
area described in section 4(b); and 
(ii) any other property in the core 
area that— 
(I) is related to the themes of the 
Heritage Area; and 
(II) should be preserved, re-
stored, managed, or maintained be-
cause of the significance of the prop-
erty; 
(B) comprehensive policies, strategies, and 
recommendations for conservation, funding, 
management, and development of the Heritage 
Area; 
(C) a description of actions that govern-
ments, private organizations, and individuals 
have agreed to take to protect the natural, his-
torical, and cultural resources of the Heritage 
Area; 
(D) a program of implementation for the 
management plan by the management entity 
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that includes a description of actions to facili-
tate ongoing collaboration among partners to— 
(i) promote plans for resource protec-
tion, restoration, and construction; and 
(ii) specific commitments for imple-
mentation that have been made by the 
management entity or any government, or-
ganization, or individual for the first 5 
years of operation; 
(E) the identification of sources of funding 
for carrying out the management plan; 
(F) analysis and recommendations for 
means by which local, State, and Federal pro-
grams, including the role of the National Park 
Service in the Heritage Area, may best be co-
ordinated to carry out this Act; and 
(G) an interpretive plan for the Heritage 
Area; and 
(4) recommend policies and strategies for re-
source management that consider and detail the ap-
plication of appropriate land and water management 
techniques, including the development of intergov-
ernmental and interagency cooperative agreements 
to protect the natural, historical, cultural, edu-
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cational, scenic, and recreational resources of the 
Heritage Area. 
(c) DEADLINE.—If a proposed management plan is 
not submitted to the Secretary by the date that is 3 years 
after the date of enactment of this Act, the management 
entity shall be ineligible to receive additional funding 
under this Act until the date that the Secretary receives 
and approves the management plan. 
(d) APPROVAL OR DISAPPROVAL OF MANAGEMENT 
PLAN.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of receipt of the management plan 
under subsection (a), the Secretary, in consultation 
with the State, shall approve or disapprove the man-
agement plan. 
(2) CRITERIA FOR APPROVAL.—In determining 
whether to approve the management plan, the Sec-
retary shall consider whether— 
(A) the management entity is representa-
tive of the diverse interests of the Heritage 
Area, including governments, natural and his-
toric resource protection organizations, edu-
cational 
institutions, 
businesses, 
and 
rec-
reational organizations; 
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(B) the management entity has afforded 
adequate opportunity, including public hearings, 
for public and governmental involvement in the 
preparation of the management plan; and 
(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. 
(3) ACTION FOLLOWING DISAPPROVAL.—If the 
Secretary disapproves the management plan under 
paragraph (1), the Secretary shall— 
(A) advise the management entity in writ-
ing of the reasons for the disapproval; 
(B) make recommendations for revisions to 
the management plan; and 
(C) not later than 180 days after the re-
ceipt of any proposed revision of the manage-
ment plan from the management entity, ap-
prove or disapprove the proposed revision. 
(4) AMENDMENTS.— 
(A) IN GENERAL.—The Secretary shall ap-
prove or disapprove each amendment to the 
management plan that the Secretary determines 
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makes a substantial change to the management 
plan. 
(B) USE
OF
FUNDS.—The management 
entity shall not use Federal funds authorized by 
this Act to carry out any amendments to the 
management plan until the Secretary has ap-
proved the amendments. 
SEC. 6. RELATIONSHIP TO OTHER FEDERAL AGENCIES. 
(a) IN GENERAL.—Nothing in this Act affects the au-
thority of a Federal agency to provide technical or finan-
cial assistance under any other law. 
(b) CONSULTATION AND COORDINATION.—The head 
of any Federal agency planning to conduct activities that 
may have an impact on the Heritage Area is encouraged 
to consult and coordinate the activities with the Secretary 
and the management entity to the maximum extent prac-
ticable. 
(c) OTHER FEDERAL AGENCIES.—Nothing in this 
Act— 
(1) modifies, alters, or amends any law or regu-
lation authorizing a Federal agency to manage Fed-
eral land under the jurisdiction of the Federal agen-
cy; 
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(2) limits the discretion of a Federal land man-
ager to implement an approved land use plan within 
the boundaries of the Heritage Area; or 
(3) modifies, alters, or amends any authorized 
use of Federal land under the jurisdiction of a Fed-
eral agency. 
SEC. 7. PRIVATE PROPERTY PROTECTION. 
Nothing in this Act— 
(1) abridges the rights of any property owner 
(whether public or private), including the right to re-
frain from participating in any plan, project, pro-
gram, or activity conducted within the Heritage 
Area; 
(2) requires any property owner to permit pub-
lic access (including access by Federal, State, or 
local agencies) to the property of the property 
owner, or to modify public access or use of property 
of the property owner under any other Federal, 
State, or local law; 
(3) alters any duly adopted land use regulation, 
approved land use plan, or other regulatory author-
ity of any Federal, State or local agency, or conveys 
any land use or other regulatory authority to the 
management entity; 
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(4) authorizes or implies the reservation or ap-
propriation of water or water rights; 
(5) diminishes the authority of the State to 
manage fish and wildlife, including the regulation of 
fishing and hunting within the Heritage Area; or 
(6) creates any liability, or affects any liability 
under any other law, of any private property owner 
with respect to any person injured on the private 
property. 
SEC. 8. WATER RIGHTS. 
(a) STATEMENT OF POLICY.—Nothing in this Act is 
meant to modify the Rio Grande Natural Area Act. 
(b) APPLICABILITY.—Nothing in this Act— 
(1) amends, modifies, or is in conflict with the 
Act of May 31, 1939 (53 Stat. 785, chapter 155); 
(2) authorizes the regulation of private land in 
the Heritage Area; 
(3) authorizes the imposition of any mandatory 
streamflow requirements; 
(4) creates an express or implied Federal re-
served water right; 
(5) imposes any Federal water quality standard 
within or upstream of the Heritage Area that is 
more restrictive than would be applicable had the 
Heritage Area not been established; or 
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(6) prevents the State of Texas from acquiring 
an instream flow through the Heritage Area under 
the terms, conditions, and limitations of State law to 
assist in protecting the natural environment to the 
extent and for the purposes authorized by State law. 
SEC. 9. EVALUATION REPORT. 
(a) IN GENERAL.—Not later than 3 years before the 
date on which authority for Federal funding terminates 
for the Heritage Area, the Secretary shall— 
(1) conduct an evaluation of the accomplish-
ments of the Heritage Area; and 
(2) prepare a report in accordance with sub-
section (c). 
(b) EVALUATION.—An evaluation conducted under 
subsection (a)(1) shall— 
(1) assess the progress of the management enti-
ty with respect to— 
(A) accomplishing the purposes of this Act 
for the Heritage Area; and 
(B) achieving the goals and objectives of 
the approved management plan for the Heritage 
Area; 
(2) analyze the Federal, State, local, and pri-
vate investments in the Heritage Area to determine 
the leverage and impact of the investments; and 
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