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. 
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 ‘‘Atchafalaya National 
Heritage Area Act’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) The Atchafalaya Basin area of Louisiana, 
designated by the Louisiana Legislature as the 
‘‘Atchafalaya Trace State Heritage Area’’ and con-
sisting of the area described in section 5(b), is an 
area in which natural, scenic, cultural, and historic 
resources form a cohesive and nationally distinctive 
landscape arising from patterns of human activity 
shaped by geography. 
(2) The significance of the area is enhanced by 
the continued use of the area by people whose tradi-
tions have helped shape the landscape. 
(3) There is a national interest in conserving, 
restoring, promoting, and interpreting the benefits 
of the area for the residents of, and visitors to, the 
area. 
(4) The area represents an assemblage of rich 
and varied resources forming a unique aspect of the 
heritage of the United States. 
(5) The area reflects a complex mixture of peo-
ple and their origins, traditions, customs, beliefs, 
and folkways of interest to the public. 
(6) The land and water of the area offer out-
standing recreational opportunities, educational ex-
periences, and potential for interpretation and sci-
entific research. 
(7) Local governments of the area support the 
establishment of a national heritage area.
SEC. 6. AUTHORITIES AND DUTIES OF THE LOCAL COORDI-
NATING ENTITY. 
(a) AUTHORITIES.—For the purposes of developing 
and implementing the management plan approved by the 
Secretary, the local coordinating entity may— 
(1) make grants to, and enter into cooperative 
agreements with, the State, units of local govern-
ment, and private organizations; 
(2) hire and compensate staff; and 
(3) enter into contracts for goods and services. 
(b) DUTIES.—The local coordinating entity shall— 
(1) submit to the Secretary for approval a man-
agement plan; 
(2) implement the management plan, including 
providing assistance to units of government and oth-
ers in— 
(A) carrying out programs that recognize 
important resource values within the Heritage 
Area; 
(B) encouraging sustainable economic de-
velopment within the Heritage Area; 
(C) establishing and maintaining interpre-
tive sites within the Heritage Area; and 
(D) increasing public awareness and appre-
ciation for the natural, historic, and cultural re-
sources of the Heritage Area;
(3) adopt bylaws governing the conduct of the 
local coordinating entity; and 
(4) for any year for which Federal funds are re-
ceived under this Act, submit to the Secretary a re-
port that describes, for the year— 
(A) the accomplishments of the local co-
ordinating entity; and 
(B) the expenses and income of the local 
coordinating entity. 
(c) ACQUISITION OF REAL PROPERTY.—No Federal 
funds authorized under this Act may be used to acquire 
real property or any interest in real property. 
(d) PUBLIC MEETINGS.—The local coordinating enti-
ty shall conduct public meetings at least quarterly. 
SEC. 7. MANAGEMENT PLAN. 
(a) IN GENERAL.—The local coordinating entity shall 
develop a management plan for the Heritage Area that 
incorporates an integrated and cooperative approach to 
conserve, interpret, and enhance the natural, scenic, cul-
tural, historic, and recreational resources of the Heritage 
Area consistent with local, State and Federal land use 
laws and compatible with the economic viability of the 
Heritage Area.
(b) CONSIDERATION
OF OTHER PLANS
AND AC-
TIONS.—In developing the management plan, the local co-
ordinating entity shall— 
(1) take into consideration Federal, State, and 
local plans land use, laws, and plans; and 
(2) invite the participation of residents, public 
agencies, and private organizations in the Heritage 
Area. 
(c) CONTENTS.—The management plan shall in-
clude— 
(1) an inventory of the resources in the Herit-
age Area, including— 
(A) a list of property in the Heritage Area 
that— 
(i) relates to the purposes of the Her-
itage Area; and 
(ii) should be preserved, restored, 
managed, or maintained because of the sig-
nificance of the property; and 
(B) an assessment of cultural landscapes 
within the Heritage Area; 
(2) provisions for the conservation, interpreta-
tion, and enjoyment of the resources of the Heritage 
Area identified in the management plan and found 
by the Secretary to be consistent with this Act and
consistent with economic viability of the Heritage 
Area; 
(3) an interpretation plan for the Heritage 
Area; and 
(4) a program for implementation of the man-
agement plan that includes— 
(A) actions that may be carried out by 
units of government, private organizations, and 
public-private partnerships to protect the re-
sources of the Heritage Area; and 
(B) the identification of existing and po-
tential sources of funding for implementing the 
plan. 
(d) SUBMISSION TO SECRETARY FOR APPROVAL.— 
(1) IN GENERAL.—Not later than 3 years after 
the date of the enactment of this Act, the local co-
ordinating entity shall submit the management plan 
to the Secretary for approval. 
(2) EFFECT
OF
FAILURE
TO
SUBMIT.—If a 
management plan is not submitted to the Secretary 
by the date specified in paragraph (1), the Secretary 
shall not provide any additional funding under this 
Act until a management plan for the Heritage Area 
is submitted to the Secretary. 
(e) APPROVAL.—
(1) IN GENERAL.—Not later than 90 days after 
receiving the management plan submitted under 
subsection (d)(1), the Secretary, in consultation with 
the State, shall approve or disapprove the manage-
ment plan. 
(2) ACTION FOLLOWING DISAPPROVAL.— 
(A) IN
GENERAL.—If the Secretary dis-
approves a management plan under paragraph 
(1), the Secretary shall— 
(i) advise the local coordinating entity 
in writing of the reasons for the dis-
approval; 
(ii) make recommendations for revi-
sions to the management plan; and 
(iii) allow the local coordinating entity 
to submit to the Secretary revisions to the 
management plan. 
(B) DEADLINE FOR APPROVAL OF REVI-
SION.—Not later than 90 days after the date on 
which a revision is submitted under subpara-
graph (A)(iii), the Secretary shall approve or 
disapprove the revision. 
(f) REVISION.—
(1) IN GENERAL.—After approval by the Sec-
retary of a management plan, the local coordinating 
entity shall periodically— 
(A) review the management plan; and 
(B) submit to the Secretary, for review 
and approval by the Secretary, the rec-
ommendations of the local coordinating entity 
for any revisions to the management plan that 
the local coordinating entity considers to be ap-
propriate. 
(2) EXPENDITURE
OF
FUNDS.—Funds made 
available under this Act shall be used only to imple-
ment the approved management plan. 
SEC. 8. REQUIREMENTS FOR INCLUSION OF PRIVATE 
PROPERTY. 
(a) NOTIFICATION
AND CONSENT
OF PROPERTY 
OWNERS REQUIRED.—No privately owned property shall 
be preserved, 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 to the management 
entity for such preservation, conservation, or promotion. 
(b) LANDOWNER WITHDRAW.—Any owner of private 
property included within the boundary of the Heritage 
Area shall have that private property immediately removed
from the boundary by submitting a written request to the 
management entity. 
SEC. 9. 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 
private 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-
vate property owner with respect to any persons injured 
on that private property. 
(c) 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. 
SEC. 10. EFFECT OF ACT. 
Nothing in this Act—
(1) grants any Federal agency regulatory au-
thority over any interest in the Heritage Area, un-
less cooperatively agreed to by all involved parties; 
(2) modifies, enlarges, or diminishes any au-
thority of the Federal, or State, or local government 
to regulate any use of land as provided for by law 
(including regulations) in existence on the date of 
the enactment of this Act; 
(3) grants any power of zoning or land use to 
the local coordinating entity; 
(4) imposes any environmental, occupational, 
safety, or other rule, standard, or permitting process 
that is different from those in effect on the date of 
enactment of this Act that would be applicable had 
the Heritage Area not been established; 
(5) imposes any change in Federal environ-
mental quality standards; 
(6) abridges, restricts, or alters any applicable 
rule, standard, or review procedure for permitting of 
facilities within or adjacent to the Heritage Area; or 
(7) affects the continuing use and operation, 
where located on the date of enactment of this Act, 
of any public or private facility, including any public 
utility or common carrier.
SEC. 11. AUTHORIZATION OF APPROPRIATIONS. 
There is authorized to be appropriated to carry out 
this Act $10,000,000, of which not more than $1,000,000 
shall be made available for any fiscal year. 
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