To establish the Freedom's Way National Heritage Area in the States of Massachusetts and New Hampshire, and for other purposes.

March 4, 2003

Mr. OLVER (for himself, Mr. Bass, Mr. Markey, Mr. McGovern, Mr. Meehan, Mr. Tierney, and Mr. Bradley of New Hampshire) introduced the following bill; which was referred to the Committee on Resources

To establish the Freedom's Way National Heritage Area in the States of Massachusetts and New Hampshire, 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 `Freedom's Way National Heritage Area Act'.

SEC. 2. FINDINGS AND PURPOSES.

(a) FINDINGS- Congress finds as follows:

(1) The cultural and natural legacies of an area encompassing 36 communities in Massachusetts and 6 communities in New Hampshire have made important and distinctive contributions to the national character of America.

(2) Recognizing and protecting those legacies will help sustain the quality of life in the future.

(3) Significant legacies of the area include--

(A) the early settlement of the United States and the early evolution of democratic forms of government;

(B) the development of intellectual traditions of the philosophies of freedom, democracy, and conservation;

(C) the evolution of social ideas and religious freedom;

(D) the role of immigrants and industry in contributing to ethnic diversity;

(E) Native American and African American resources; and

(F) the role of innovation and invention in cottage industries.

(4) The communities in the area know the value of the legacies but need a cooperative framework and technical assistance to achieve important goals by working together.

(5) There is a Federal interest in supporting the development of a regional framework to assist the States, local governments, local organizations, and other persons in the region with conserving, protecting, and bringing recognition to the heritage of the area for the educational and recreational benefit of future generations of Americans.

(6) Significant examples of the area's resources include--

(A) Walden Pond State Reservation in Concord, Massachusetts;

(B) Minute Man National Historical Park in the State of Massachusetts;

(C) Shaker Villages in Shirley and Harvard in the State of Massachusetts;

(D) Wachusett Mountain State Reservation, Fitchburg Art Museum, and Barrett House in New Ipswich, New Hampshire; and

(E) Beaver Brook Farms and Lost City of Monson in Hollis, New Hampshire.

(7) The study entitled `Freedom's Way Heritage Area Feasibility Study', prepared by the Freedom's Way Heritage Association, Inc., and the Massachusetts Department of Environmental Management, demonstrates that there are sufficient nationally distinctive historical resources necessary to establish the Freedom's Way National Heritage Area.

(8) The Freedom's Way Heritage Association, Inc., should oversee the development of the Freedom's Way National Heritage Area.

(b) PURPOSES- The purposes of this Act are--

(1) to foster a close working relationship between the Secretary and all levels of government, the private sector, and local communities in the States of Massachusetts and New Hampshire;

(2) to assist the entities referred to in paragraph (1) in preserving the special historic identity of the Heritage Area; and

(3) to manage, preserve, protect, and interpret the cultural, historical, and natural resources of the Heritage Area for the educational and inspirational benefit of future generations.

SEC. 3. DEFINITIONS.

In this Act:

(1) HERITAGE AREA- The term `Heritage Area' means the Freedom's Way National Heritage Area established by section 4(a).

(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 developed under section 5.

(4) MAP- The term `Map' means the map entitled `Freedom's Way National Heritage Area', numbered FRWA P-75/80,000 and dated July 2000.

(5) SECRETARY- The term `Secretary' means the Secretary of the Interior.

SEC. 4. FREEDOM'S WAY NATIONAL HERITAGE AREA.

(a) ESTABLISHMENT- There is established the Freedom's Way National Heritage Area in the States of Massachusetts and New Hampshire.

(b) BOUNDARIES-

(1) IN GENERAL- The Heritage Area shall consist of the land within the boundaries of the Heritage Area, as depicted on the Map.

(2) REVISION- The boundaries of the Heritage Area may be revised if the revision is--

(A) proposed in the management plan;

(B) approved by the Secretary in accordance with section 5(c); and

(C) placed on file in accordance with subsection (c).

(c) MAP AND LEGAL DESCRIPTION-

(1) IN GENERAL- As soon as practicable after the date of the enactment of this Act, the Secretary shall publish in the Federal Register a legal description of the Heritage Area.

(2) AVAILABILITY- The Map shall be on file and available for public inspection in the appropriate offices of the National Park Service.

(d) MANAGEMENT ENTITY- The Freedom's Way Heritage Association, Inc. shall serve as the management entity for the Heritage Area.

SEC. 5. MANAGEMENT PLAN.

(a) IN GENERAL- Not later than 3 years after the date of the enactment of this Act, the management entity shall develop and submit to the Secretary for approval a management plan for the Heritage Area that presents comprehensive recommendations and strategies for the conservation, funding, management, and development of the Heritage Area.

(b) REQUIREMENTS- The management plan shall--

(1) take into consideration and coordinate Federal, State, and local plans to present a unified historic preservation and interpretation plan;

(2) involve residents, public agencies, and private organizations in the Heritage Area;

(3) describe actions that units of government and private organizations recommend for the protection of the resources of the Heritage Area;

(4) identify existing and potential sources of Federal and non-Federal funding for the conservation, management, and development of the Heritage Area; and

(5) include--

(A) an inventory of the cultural, historic, natural, or recreational resources contained in the Heritage Area, including a list of property that--

(i) is related to the themes of the Heritage Area; and

(ii) should be conserved, restored, managed, developed, or maintained;

(B) a recommendation of policies for resource management and protection that--

(i) apply appropriate land and water management techniques;

(ii) develop intergovernmental cooperative agreements to manage and protect the cultural, historic, and natural resources and recreation opportunities of the Heritage Area; and

(iii) support economic revitalization efforts;

(C) a program of strategies and actions to implement the management plan that--

(i) identifies the roles of agencies and organizations that are involved in the implementation of the management plan and the role of the management entity; and

(ii) includes--

(I) restoration and construction plans or goals;

(II) a program of public involvement;

(III) annual work plans; and

(IV) annual reports;

(D) an analysis of ways in which Federal, State, and local programs may best be coordinated to promote the purposes of this Act;

(E) an interpretive and educational plan for the Heritage Area;

(F) any revisions proposed by the management entity to the boundaries of the Heritage Area and requested by the affected local government; and

(G) a process to provide public access to the management entity for the purpose of attempting to resolve informally any disputes arising from the management plan.

(c) FAILURE TO SUBMIT- If the management entity fails to submit the management plan to the Secretary in accordance with subsection (a), the Heritage Area shall no longer qualify for Federal funding.

(d) APPROVAL OR DISAPPROVAL OF MANAGEMENT PLAN-

(1) IN GENERAL- Not later than 90 days after receipt of the management plan under subsection (a), the Secretary shall approve or disapprove the management plan.

(2) CRITERIA- In determining whether to approve the management plan, the Secretary shall consider whether--

(A) the management entity afforded adequate opportunity, including public hearings, for public and governmental involvement in the preparation of the management plan;

(B) the resource protection and interpretation strategies contained in the management

plan would adequately protect the cultural and historic resources of the Heritage Area; and

(C) 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 under paragraph (1), the Secretary shall--

(A) advise the management entity in writing of the reasons for the disapproval;

(B) make recommendations for revisions to the management plan; and

(C) not later than 60 days after the receipt of any proposed revision of the management plan from the management entity, approve or disapprove the proposed revision.

(e) AMENDMENTS-

(1) IN GENERAL- In accordance with subsection (b), the Secretary shall approve or disapprove each amendment to the management plan that the Secretary determines may make a substantial change to the management plan.

(2) USE OF FUNDS- Funds made available under this Act shall not be expended by the management entity to implement an amendment described in paragraph (1) until the Secretary approves the amendment.

SEC. 6. AUTHORITIES, DUTIES, AND PROHIBITIONS OF THE MANAGEMENT ENTITY.

(a) AUTHORITIES- The Management Entity may, for purposes of preparing and implementing the management plan, use funds made available under this Act to--

(1) make grants to, and enter into cooperative agreements with, the States of Massachusetts and New Hampshire (including a political subdivision), a nonprofit organization, or any person;

(2) hire and compensate staff;

(3) obtain funds from any source (including a program that has a cost-sharing requirement); and

(4) contract for goods and services.

(b) DUTIES OF THE MANAGEMENT ENTITY- In addition to developing the management plan, the management entity shall--

(1) give priority to the implementation of actions, goals, and strategies set forth in the management plan, including assisting units of government and other persons in--

(A) carrying out the programs that recognize and protect important resource values in the Heritage Area;

(B) encouraging economic viability in the Heritage Area in accordance with the goals of the management plan;

(C) establishing and maintaining interpretive exhibits in the Heritage Area;

(D) developing recreational and educational opportunities in the Heritage Area;

(E) increasing public awareness of and appreciation for the cultural, historical, and natural resources of the Heritage Area;

(F) restoring historic buildings that are--

(i) located in the Heritage Area; and

(ii) relate to the themes of the Heritage Area; and

(G) installing throughout the Heritage Area clear, consistent, and appropriate signs identifying public access points and sites of interest;

(2) prepare and implement the management plan while considering the interests of diverse units of government, businesses, private property owners, and nonprofit groups within the Heritage Area;

(3) conduct public meetings at least quarterly regarding the development and implementation of the management plan;

(4) for any fiscal year for which Federal funds are received under this Act--

(A) submit to the Secretary a report that describes, for the year--

(i) the accomplishments of the management entity;

(ii) the expenses and income of the management entity; and

(iii) each entity to which a grant was made;

(B) make available for audit by Congress, the Secretary, and appropriate units of government, all records pertaining to the expenditure of the funds and any matching funds; and

(C) require, for all agreements authorizing expenditure of Federal funds by any entity, that the receiving entity make available for audit all records pertaining to the expenditure of the funds.

(c) PROHIBITION ON THE ACQUISITION OF REAL PROPERTY- The management entity shall not use Federal funds made available under this Act to acquire real property or any interest in real property.

SEC. 7. TECHNICAL AND FINANCIAL ASSISTANCE; OTHER FEDERAL AGENCIES.

(a) TECHNICAL AND FINANCIAL ASSISTANCE-

(1) IN GENERAL- On the request of the management entity, the Secretary may provide technical and financial assistance for the development and implementation of the management plan.

(2) PRIORITY FOR ASSISTANCE- In providing assistance under paragraph (1), the Secretary shall give priority to actions that assist in--

(A) conserving the significant cultural, historic, and natural resources of the Heritage Area; and

(B) providing educational, interpretive, and recreational opportunities consistent with the purposes of the Heritage Area.

(3) SPENDING FOR NON-FEDERAL PROPERTY- The management entity may expend Federal funds made available under this Act on nonfederally owned property that is--

(A) identified in the management plan; or

(B) listed or eligible for listing on the National Register of Historic Places.

(4) OTHER ASSISTANCE- The Secretary may enter into cooperative agreements with public and private organizations to carry out this subsection.

(b) OTHER FEDERAL AGENCIES- Any Federal entity conducting or supporting an activity that directly affects the Heritage Area shall--

(1) consider the potential effect of the activity on the purposes of the Heritage Area and the management plan;

(2) consult with the management entity regarding the activity; and

(3) to the maximum extent practicable, conduct or support the activity to avoid adverse effects on the Heritage Area.

SEC. 8. LAND USE REGULATION; APPLICABILITY OF FEDERAL LAW.

(a) LAND USE REGULATION-

(1) IN GENERAL- The management entity shall provide assistance and encouragement to State and local governments, private organizations, and persons to protect and promote the resources and values of the Heritage Area.

(2) EFFECT- Nothing in this Act--

(A) affects the authority of the State or local governments to regulate under law any use of land; or

(B) grants any power of zoning or land use to the management entity.

(b) PRIVATE PROPERTY-

(1) IN GENERAL- The management entity shall be an advocate for land management practices consistent with the purposes of the Heritage Area.

(2) EFFECT- Nothing in this Act--

(A) abridges the rights of any person with regard to private property;

(B) affects the authority of the State or local government regarding private property; or

(C) imposes any additional burden on any property owner.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

(a) IN GENERAL- There is authorized to be appropriated to carry out this Act $10,000,000, of which not more than $1,000,000 may be authorized to be appropriated for any fiscal year.

(b) COST-SHARING REQUIREMENT- The Federal share of the total cost of any activity assisted under this Act shall be not more than 50 percent.

SEC. 10. TERMINATION OF AUTHORITY.

The authority of the Secretary to provide assistance under this Act terminates on the date that is 15 years after the date of the enactment of this Act.

END