Atchafalaya National Heritage Area Act - Establishes the Atchafalaya National Heritage Area in Louisiana.
Designates the Atchafalaya Trace Commission as the local coordinating entity of the Heritage Area.
Prohibits the use of Federal funds authorized under this Act to acquire real property.
Requires the Commission to develop and implement a management plan, subject to the Secretary of the Interior's approval, that incorporates an integrated and cooperative approach to conserve, interpret, and enhance the resources of the Heritage Area.
Establishes a procedure for the voluntary inclusion of private property in the Heritage Area.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 522 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 522
To establish the Atchafalaya National Heritage Area, Louisiana, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 2, 2005
Mr. Baker (for himself, Mr. Jefferson, Mr. McCrery, Mr. Boustany, Mr.
Jindal, Mr. Alexander, and Mr. Melancon) 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 Representatives 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 consisting 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 traditions 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 people and their
origins, traditions, customs, beliefs, and folkways of interest
to the public.
(6) The land and water of the area offer outstanding
recreational opportunities, educational experiences, and
potential for interpretation and scientific research.
(7) Local governments of the area support the establishment
of a national heritage area.
SEC. 3. PURPOSES.
The purposes of this Act are--
(1) to conserve, restore, promote, and interpret the
significant resource values and functions of the Atchafalaya
Basin area and advance sustainable economic development of the
area;
(2) to foster a close working relationship with all levels
of government, the private sector, and the local communities in
the area so as to enable those communities to conserve their
heritage while continuing to pursue economic opportunities; and
(3) to establish, in partnership with the State, local
communities, preservation organizations, private corporations,
and landowners in the Heritage Area, the Atchafalaya Trace
State Heritage Area, as eligible parishes designated by the
Louisiana Legislature, as the Atchafalaya National Heritage
Area.
SEC. 4. DEFINITIONS.
In this Act:
(1) Heritage area.--The term ``Heritage Area'' means the
Atchafalaya National Heritage Area established by section 5(a).
(2) Local coordinating entity.--The term ``local
coordinating entity'' means the local coordinating entity for
the Heritage Area designated by section 5(c).
(3) Management plan.--The term ``management plan'' means
the management plan for the Heritage Area developed under
section 7.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) State.--The term ``State'' means the State of
Louisiana.
SEC. 5. ATCHAFALAYA NATIONAL HERITAGE AREA.
(a) Establishment.--There is established in the State the
Atchafalaya National Heritage Area.
(b) Boundaries.--The Heritage Area shall consist of parishes that
are consistent with the tradition, purposes, goals, and culture of the
Heritage Area as determined by the Secretary in consultation with the
State. The Secretary shall give priority consideration to those
parishes in Atchafalaya State Heritage Area.
(c) Local Coordinating Entity.--
(1) In general.--The Atchafalaya Trace Commission shall be
the local coordinating entity for the Heritage Area.
(2) Composition.--The local coordinating entity shall be
composed of 1 member appointed by the governing authority of
each parish within the Heritage Area.
SEC. 6. AUTHORITIES AND DUTIES OF THE LOCAL COORDINATING 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 government, 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 management plan;
(2) implement the management plan, including providing
assistance to units of government and others in--
(A) carrying out programs that recognize important
resource values within the Heritage Area;
(B) encouraging sustainable economic development
within the Heritage Area;
(C) establishing and maintaining interpretive sites
within the Heritage Area; and
(D) increasing public awareness and appreciation
for the natural, historic, and cultural resources 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 received under
this Act, submit to the Secretary a report that describes, for
the year--
(A) the accomplishments of the local coordinating
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 entity 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, cultural, 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 Actions.--In developing the
management plan, the local coordinating 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 include--
(1) an inventory of the resources in the Heritage Area,
including--
(A) a list of property in the Heritage Area that--
(i) relates to the purposes of the Heritage
Area; and
(ii) should be preserved, restored,
managed, or maintained because of the
significance of the property; and
(B) an assessment of cultural landscapes within the
Heritage Area;
(2) provisions for the conservation, interpretation, 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 management plan
that includes--
(A) actions that may be carried out by units of
government, private organizations, and public-private
partnerships to protect the resources of the Heritage
Area; and
(B) the identification of existing and potential
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 coordinating 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 management plan.
(2) Action following disapproval.--
(A) In general.--If the Secretary disapproves a
management plan under paragraph (1), the Secretary
shall--
(i) advise the local coordinating entity in
writing of the reasons for the disapproval;
(ii) make recommendations for revisions 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 revision.--Not later
than 90 days after the date on which a revision is
submitted under subparagraph (A)(iii), the Secretary
shall approve or disapprove the revision.
(f) Revision.--
(1) In general.--After approval by the Secretary 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 recommendations of the
local coordinating entity for any revisions to the
management plan that the local coordinating entity
considers to be appropriate.
(2) Expenditure of funds.--Funds made available under this
Act shall be used only to implement 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 government 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 private 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 construed 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 authority over any
interest in the Heritage Area, unless cooperatively agreed to
by all involved parties;
(2) modifies, enlarges, or diminishes any authority 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 environmental 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.
<all>
Introduced in House
Introduced in House
Sponsor introductory remarks on measure. (CR E156)
Referred to the House Committee on Resources.
Referred to the Subcommittee on National Parks.
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