Upper Housatonic Valley National Heritage Area Act - Establishes the Upper Housatonic Valley National Heritage Area in Connecticut and Massachusetts.
Designates the Upper Housatonic Valley National Heritage Area, Inc., as the Area's management entity (the entity), which shall: (1) submit to the Secretary of the Interior for approval a management plan which includes policies, strategies, and recommendations for conservation, funding, management, development, and interpretation of the Area; and (2) assist local governments, regional planning organizations, and nonprofit organizations in implementing the plan. Allows the entity, for purposes of preparing and implementing the plan for the Area, to make grants and enter into cooperative agreements to provide technical assistance to Connecticut and Massachusetts and other specified entities.
Prohibits the management entity from using Federal funds received under this Act to acquire real property, but may use any other source of funding, including other Federal funding, intended for the acquisition of real property.
Requires the management entity to submit the management plan within three years after funds are made available for this Act. Bars the entity, if the plan is not submitted to the Secretary by such deadline, from qualifying for Federal funding under this Act until it is submitted.
Authorizes the Secretary to provide technical and financial assistance to the Area and enter into cooperative agreements with the management entity and other public or private entities to develop and implement the plan.
Prohibits the preservation, conservation, or promotion of any privately owned property by the plan until the owner of that private property has been notified in writing and has given written consent to the management entity. Provides for any owner of private property included within the Area's boundary to have their property immediately removed from the boundary by submitting a written request to the entity.
Authorizes appropriations. Limits: (1) the amount of funding for any fiscal year; (2) the total amount that may be appropriated for the Area under this Act; and (3) Federal matching funds provided under this Act to 50 percent of the total cost of any assistance or grant provided or authorized under this Act.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1798 Introduced in House (IH)]
108th CONGRESS
1st Session
H. R. 1798
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
_______________________________________________________________________
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 Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Upper Housatonic Valley 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 geographical and cultural region
that has made significant national contributions through its
literary, artistic, 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 properties 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, Arrowhead,
Pittsfield, Massachusetts;
(iii) W.E.B. DuBois' Boyhood Homesite,
Great Barrington, Massachusetts;
(iv) Mission House, Stockbridge,
Massachusetts; and
(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, Connecticut;
and
(iv) Cathedral Pines, Cornwall,
Connecticut.
(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 country's leading cultural
resorts.
(4) The upper Housatonic Valley has made significant
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 performing arts centers of Tanglewood, Music Mountain,
Norfolk (Connecticut) Chamber Music Festival, Jacob's Pillow,
and Shakespeare & Company.
(5) The upper Housatonic Valley is noted for its pioneering
achievements in the iron, paper, and electrical generation
industries and has cultural resources to interpret those
industries.
(6) The region became a national leader in scenic
beautification and environmental conservation efforts following
the era of industrialization and deforestation and maintains a
fabric of significant conservation 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 Valley.
(8) The region had an American Indian presence going back
10,000 years and Mohicans had a formative role in contact with
Europeans during the seventeenth and eighteenth centuries.
(9) The Upper Housatonic Valley National Heritage Area has
been proposed in order to heighten appreciation of the region,
preserve its natural and historical resources, and improve the
quality of life and economy of the area.
(b) Purposes.--The purposes of this Act are as follows:
(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 alternative as
described in the document entitled ``Upper Housatonic Valley
National Heritage Area Feasibility Study, 2003''.
(3) To provide a management framework to foster a close
working relationship with all levels of government, the private
sector, and the local communities in the upper Housatonic
Valley region to conserve the region's heritage while
continuing to pursue compatible economic opportunities.
(4) To assist communities, organizations, and citizens in
the State of Connecticut and the Commonwealth of Massachusetts
in identifying, preserving, interpreting, and developing the
historical, cultural, scenic, and natural resources of the
region for the educational and inspirational benefit of current
and future 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.
(2) Management entity.--The term ``Management Entity''
means the management entity for the Heritage Area designated by
section 4(d).
(3) Management plan.--The term ``Management Plan'' means
the management plan for the Heritage Area specified in section
6.
(4) Map.--The term ``map'' means the map entitled
``Boundary Map Upper Housatonic Valley National 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 Massachusetts.
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 comprised of--
(1) part of the Housatonic River's watershed, which extends
60 miles from Lanesboro, Massachusetts to Kent, Connecticut;
(2) the towns of Canaan, Colebrook, Cornwall, Kent,
Norfolk, North Canaan, Salisbury, Sharon, and Warren in
Connecticut;
(3) the towns of Alford, Becket, Dalton, Egremont, Great
Barrington, Hancock, Hinsdale, Lanesboro, Lee, Lenox, Monterey,
Mount Washington, New Marlboro, Pittsfield, Richmond,
Sheffield, Stockbridge, Tyringham, Washington, and West
Stockbridge in Massachusetts; and
(4) the land and water within the boundaries of the
Heritage Area, as depicted on the map.
(c) Availability of Map.--The map shall be on file and available
for public inspection in the appropriate offices of the National Park
Service, Department of the Interior.
(d) Management Entity.--The Upper Housatonic Valley National
Heritage Area, Inc. shall be the management entity for the Heritage
Area.
SEC. 5. AUTHORITIES, PROHIBITIONS AND DUTIES OF THE MANAGEMENT ENTITY.
(a) Duties of the Management Entity.--To further the purposes of
the Heritage Area, the management entity shall--
(1) prepare and submit a management plan for the Heritage
Area to the Secretary in accordance with section 6;
(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 interpretive
exhibits and programs within 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;
(F) ensuring that clear, consistent, and
appropriate 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 individuals to further
the purposes of the Heritage Area;
(3) consider the interests of diverse units of government,
businesses, organizations and individuals in the Heritage Area
in the preparation and implementation of the management plan;
(4) conduct meetings open to the public at least semi-
annually regarding the development and implementation of the
management plan;
(5) submit an annual report to the Secretary for any fiscal
year in which the management entity receives 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
organizations make available for such audit all records and
other information pertaining to the expenditure of such funds;
and
(7) encourage by appropriate means economic viability that
is consistent with the purposes of the Heritage Area.
(b) Authorities.--The management entity may, for the purposes of
preparing and implementing the management 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 persons;
(2) enter into cooperative agreements with or provide
technical assistance to the State of Connecticut and the
Commonwealth of Massachusetts, their political jurisdictions,
nonprofit organizations, and other interested parties;
(3) hire and compensate staff, which shall include
individuals with expertise in natural, cultural, and historical
resources protection, and heritage programming;
(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
(6) undertake to be a catalyst for any other activity that
furthers the purposes of the Heritage Area and is consistent
with the approved management plan.
(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 Federal funding outside this authority, intended for
the acquisition of real property.
SEC. 6. MANAGEMENT PLAN.
(a) In General.--The management plan for the Heritage Area shall--
(1) include comprehensive policies, strategies and
recommendations for conservation, funding, management and
development of the Heritage Area;
(2) take into consideration existing State, county, and
local plans in the development of the management plan and its
implementation;
(3) include a description of actions that governments,
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, historical,
cultural, educational, scenic, and recreational resources of
the Heritage Area related to the themes of the Heritage Area
that should be preserved, restored, managed, developed, or
maintained;
(6) recommend policies and strategies for resource
management that consider and detail the application of
appropriate land and water management techniques including, but
not limited to, the development of intergovernmental and
interagency cooperative agreements to protect the Heritage
Area's natural, historical, cultural, educational, scenic and
recreational resources;
(7) describe a program of implementation for the management
plan including plans for resource protection, restoration,
construction, and specific commitments for implementation that
have been made by the management entity or any government,
organization, or individual for the first 5 years of
implementation;
(8) include an analysis and recommendations for ways in
which local, State, and Federal programs, including the role of
the National Park Service in the Heritage Area, may best be
coordinated to further the purposes of this Act; and
(9) 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 approval within 3 years
after funds are made available for this Act.
(2) Termination of funding.--If the management plan is not
submitted to the Secretary in accordance 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 and approved by the Secretary.
SEC. 7. DUTIES AND AUTHORITIES OF THE SECRETARY.
(a) Technical and Financial Assistance.--
(1) In general.--The Secretary may, upon the request of the
management entity, provide technical assistance on a
reimbursable or non-reimbursable basis and financial assistance
to the Heritage Area to develop and implement the approved
management plan. The Secretary is authorized to enter into
cooperative agreements with the management entity and other
public or private entities for this purpose. In assisting the
Heritage Area, the Secretary shall give priority to actions
that in general assist in--
(A) conserving the significant natural, historical,
cultural, and scenic resources of the Heritage Area;
and
(B) providing educational, interpretive, and
recreational opportunities consistent with the purposes
of the Heritage Area.
(2) Spending for non-federally owned property.--The
Secretary may spend Federal funds directly on non-federally
owned property to further the purposes of this Act, especially
in assisting units of government in appropriate treatment of
districts, sites, buildings, structures, and objects listed or
eligible for listing on the National Register of Historic
Places.
(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 including
governments, natural and historic resource protection
organizations, educational institutions, businesses,
and recreational organizations;
(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 interpretation
strategies contained in the management plan, if
implemented, would adequately protect the natural,
historical, and cultural resources of the Heritage
Area; and
(D) the Secretary has received adequate assurances
from the appropriate State and local officials whose
support is needed to ensure the effective
implementation of the State and local aspects of the
management plan.
(3) Action following disapproval.--If the Secretary
disapproves the management plan, the Secretary shall advise the
management entity in writing of the reasons therefore and shall
make recommendations for revisions to the management plan. The
Secretary shall approve or disapprove a proposed revision
within 60 days after the date it is submitted.
(4) Approval of amendments.--Substantial amendments to the
management plan shall be reviewed 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 activities directly
affecting the Heritage Area shall--
(1) consult with the Secretary and the management entity
with respect to such activities;
(2) cooperate with the Secretary and the management entity
in carrying out their duties under this Act and, to the maximum
extent practicable, coordinate such activities with the
carrying out of such duties; and,
(3) to the maximum extent practicable, conduct or support
such activities in a manner which the management entity
determines will not have an adverse effect on the Heritage
Area.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated 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.
(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. 10. SUNSET.
The authority of the Secretary to provide assistance under this Act
shall terminate on the day occurring 15 years after the date of
enactment of the Act.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Resources.
Executive Comment Requested from Interior.
Referred to the Subcommittee on National Parks, Recreation and Public Lands.
Subcommittee Hearings Held.
Subcommittee Consideration and Mark-up Session Held.
Forwarded by Subcommittee to Full Committee (Amended) by Unanimous Consent.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by Unanimous Consent.
Reported (Amended) by the Committee on Resources. H. Rept. 108-365.
Reported (Amended) by the Committee on Resources. H. Rept. 108-365.
Placed on the Union Calendar, Calendar No. 215.
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