110th CONGRESS
1st Session
S. 955
To establish the Abraham Lincoln National Heritage Area, and for
other purposes.
IN THE SENATE OF THE UNITED STATES
March 21, 2007
Mr. DURBIN (for himself and Mr. OBAMA) introduced the following bill; which
was read twice and referred to the Committee on Energy and Natural Resources
A BILL
To establish the Abraham Lincoln National Heritage Area, 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 `Abraham Lincoln National Heritage Area Act'.
SEC. 2. FINDINGS.
(1) the Abraham Lincoln National Heritage Area is a cohesive assemblage
of natural, historic, cultural, and recreational resources that--
(A) together represent distinctive aspects of the heritage of the United
States worthy of recognition, conservation, interpretation, and continuing
use; and
(B) are best managed through partnerships between private and public
entities;
(2) the Heritage Area reflects traditions, customs, beliefs, folklife,
or a combination of those attributes that are a valuable part of the heritage
of the United States;
(3) the Heritage Area provides outstanding opportunities to conserve natural
features, historic feature, cultural features, or a combination of those
features;
(4) the Heritage Area provides outstanding recreational and interpretive
opportunities;
(5) the Heritage Area has an identifiable theme, and resources important
to the theme, that retain integrity capable of supporting interpretation;
(6) residents, nonprofit organizations, other private entities, and units
of local government throughout the Heritage Area demonstrate support for--
(A) designation of the Heritage Area as a national heritage area; and
(B) management of the Heritage Area in a manner appropriate for the
designation;
(7) there is a compelling need to educate and cultivate among the citizens
of the United States, particularly youth, an understanding appreciation
for, and a renewed commitment to integrity, courage, self-initiative,
and principled leadership in public and private life;
(8) few individuals in the history of the United States have as broadly
exemplified such qualities, and so profoundly influenced the history and
character of the United States, as Abraham Lincoln;
(9) the story and example of the life of Abraham Lincoln, including his
inspiring rise from humble origins to the highest office in the land and
his decisive leadership through the most harrowing and dangerous time
in the history of the United States, continues to bring hope and inspiration
to millions in the United States and around the world;
(10) the great issues during the lifetime of Abraham Lincoln, including
national unity, equality and race relations, the capacity for democratic
government, and the ideals to address those and related issues, continue
to this day to define the challenges facing the United States;
(11) the ideals espoused by Lincoln, and the sentiments expressed by Lincoln
with respect to keeping the United States together, are as relevant today
as the ideals and sentiment were in Lincoln's troubled time;
(12) Illinois is known throughout the world as the land of Abraham Lincoln;
(13) unquestionably, the physical, social, and cultural landscape of Illinois
helped mold the character of Lincoln;
(14) `Here I have lived a quarter of a century, and have passed from a
young to an old man,' Lincoln remarked on leaving Illinois. `To this place
and the kindness of these people I owe everything';
(15) Lincoln, in turn, left his own traces across the Illinois landscape;
(16) the traces remain today in the form of stories, folklore, artifacts,
buildings, streetscapes, and landscapes;
(17) though scattered geographically and in varying states of development
and interpretation, together the traces of Lincoln bring an immediacy
and tangible quality to the powerful Lincoln legacy;
(18) individually and collectively, the traces of Lincoln in Illinois
constitute an important national cultural and historic resource;
(19) in particular, the stories and cultural resources of the Lincoln
legacy of the region--
(A) reflect the values and attitudes, obstacles and ingenuity, failures
and accomplishments, human frailties, and strength of character of the
men and women who made up the diverse people of Lincoln's generation,
including upland Southerners and Northeastern Yankees, Anglo-settlers
and American Indians, `free' blacks, abolitionists, and critics of abolitionists;
(B) reflect the material culture and relative levels of technical sophistication
in the United States in the lifetime of Lincoln;
(C) recreate the physical environment during the lifetime of Lincoln,
revealing the impact of the environment on agriculture, transportation,
trade, business, and social and cultural patterns in urban and rural
settings; and
(D) interpret the effect of the democratic ethos of the era on the development
of the legal and political institutions and distinctive political culture
of the United States;
(20) 3 previous studies entitled `Abraham Lincoln Research and Interpretive
Center Suitability/Feasibility Study' by the National Park Service (1991),
`Looking for Lincoln Illinois Heritage Tourism Project' commissioned by
the State of Illinois Department of Commerce and Community Affairs in
cooperation with the Illinois Historic Preservation Agency (1998), and
the `Feasibility Study for the Proposed Abraham Lincoln National Heritage
Area', revised in 2003, help document a sufficient assemblage of nationally
distinctive historic resources to demonstrate the feasibility of, and
need to establish, the Heritage Area;
(21) the National Park Service--
(A) operates and maintains the Lincoln Home National Historic Site in
Springfield, Illinois; and
(i) advocating the protection and interpretation of the cultural and
historic resources of the United States; and
(ii) encouraging the development of interpretive context for those
resources through appropriate planning and preservation;
(22) the Heritage Area can strengthen, complement, and support the Lincoln
Home National Historic Site through the interpretation and conservation
of the associated living landscapes outside of the boundaries of the historic
site;
(23) there is a Federal interest in supporting the development of a regional
framework and context to partner with and assist the National Park Service,
the State of Illinois, local organizations, units of local government,
and private citizens to conserve, protect, and bring recognition to the
resources of the Heritage Area for the educational and recreational benefit
of the present generation and future generations;
(24) communities throughout the region--
(A) know the value of their Lincoln legacy; but
(B) need to expand upon an existing cooperative framework and technical
assistance to achieve important goals by working together;
(25) the Department of Commerce and Economic Opportunity and Bureau of
Tourism of the State of Illinois--
(A) officially designated `Looking for Lincoln' as a State Heritage
Tourism Area; and
(B) has identified the story of Lincoln as a key destination driver
for the State;
(26) the Looking for Lincoln Heritage Coalition, the management entity
for the Heritage Area--
(A) is a nonprofit corporation created for the purposes of preserving,
interpreting, developing, promoting, and making available to the public
the story and resources relating to--
(i) the story of the adult life of Abraham Lincoln in Illinois; and
(ii) the contributions of Abraham Lincoln to society; and
(B) would be an appropriate entity to oversee the development of the
Heritage Area; and
(27) the Looking for Lincoln Heritage Coalition has completed a business
plan that--
(A) describes in detail the role, operation, financing, and functions
of the Looking For Lincoln Heritage Coalition as the management entity
for the Heritage Area; and
(B) provides adequate assurances that the Looking For Lincoln Heritage
Coalition is likely to have the financial resources necessary to implement
the management plan for the Heritage Area, including resources to meet
matching requirement for grants.
SEC. 3. DEFINITIONS.
(1) COALITION- The term `Coalition' means the Looking for Lincoln Heritage
Coalition, an entity recognized by the Secretary, in consultation with
the chief executive officer of the State, that has agreed to perform the
duties of the management entity under this Act.
(2) HERITAGE AREA- The term `Heritage Area' means the Abraham Lincoln
National Heritage Area established by section 4(a).
(3) MANAGEMENT ENTITY- The term `management entity' means the management
entity for the Heritage Area designated by section 5(a).
(4) MANAGEMENT PLAN- The term `management plan' means the plan developed
by the management entity under section 6(a).
(5) SECRETARY- The term `Secretary' means the Secretary of the Interior.
(6) STATE- The term `State' means the State of Illinois.
(7) UNIT OF LOCAL GOVERNMENT- The term `unit of local government' means
the government of the State, a political subdivision of the State, or
an Indian tribe.
SEC. 4. ESTABLISHMENT OF ABRAHAM LINCOLN NATIONAL HERITAGE AREA.
(a) In General- There is established in the State the Abraham Lincoln National
Heritage Area.
(b) Boundaries- The Heritage Area shall include--
(1) a core area located in central Illinois, consisting of Adams, Brown,
Calhoun, Cass, Champaign, Christian, Clark, Coles, Cumberland, Dewitt,
Douglas, Edgar, Fayette, Fulton, Greene, Hancock, Henderson, Jersey, Knox,
LaSalle, Logan, Macon, Macoupin, Madison, Mason, McDonough, McLean, Menard,
Montgomery, Morgan, Moultrie, Peoria, Piatt, Pike, Sangamon, Schuyler,
Scott, Shelby, Tazwell, Vermillion, Warren, and Woodford counties;
(2) any sites, buildings, and districts within the core area that are
recommended for inclusion in the management plan; and
(3) each of the following sites:
(A) Lincoln Home National Historic Site.
(B) Lincoln Tomb State Historic Site.
(C) Lincoln's New Salem State Historic Site.
(D) Abraham Lincoln Presidential Library & Museum.
(E) Thomas and Sara Bush Lincoln Log Cabin and Living History Farm State
Historic Site.
(F) Mt. Pulaski, Postville State Historic Sites and Metamora Courthouse.
(G) Lincoln-Herndon Law Offices State Historic Site.
(H) David Davis Mansion State Historic Site.
(I) Vandalia Statehouse State Historic Site.
(J) Lincoln Douglas Debate Museum.
(K) Macon County Log Court House.
(L) Richard J. Oglesby Mansion.
(M) Lincoln Trail Homestead State Memorial.
(N) Governor John Wood Mansion.
(O) Beardstown Courthouse.
(P) Old Main at Knox College.
(Q) Carl Sandburg Home State Historic Site.
(R) Bryant Cottage State Historic Site.
(S) Dr. William Fithian Home.
(T) Vermillion County Museum.
(c) Map- A map of the Heritage Area shall be--
(1) included in the management plan; and
(2) on file in the appropriate offices of the National Park Service.
SEC. 5. DESIGNATION OF COALITION AS MANAGEMENT ENTITY.
(a) Management Entity- The Coalition shall be the management entity for
the Heritage Area.
(b) Authorities of Management Entity- The management entity may, for purposes
of preparing and implementing the management plan, use Federal funds made
available under this Act--
(1) to prepare reports, studies, interpretive exhibits and programs, historic
preservation projects, and other activities recommended in the management
plan for the Heritage Area;
(2) to pay for operational expenses of the management entity incurred
during the first 10 fiscal years beginning after the date of enactment
of this Act;
(3) to make grants or loans to the State, units of local government, nonprofit
organizations, and other persons;
(4) to enter into cooperative agreements with the State, units of local
government, nonprofit organizations, and other organizations;
(5) to hire and compensate staff;
(6) to obtain funds from any source under any program or law requiring
the recipient of funds to make a contribution in order to receive the
funds; and
(7) to contract for goods and services.
(c) Duties of Management Entity- For any fiscal year for which Federal funds
are received under this Act, the management entity shall--
(1) submit to the Secretary a report that describes--
(A) the accomplishments of the management entity;
(B) the expenses and income of the management entity; and
(C) the entities to which the management entity made any grants;
(2) make available for audit by Congress, the Secretary, and appropriate
units of local government, all records relating to the expenditure of
the Federal funds and any matching funds; and
(3) require, with respect to all agreements authorizing the expenditure
of Federal funds by any entity, that the receiving entity make available
for audit all records relating to the expenditure of the Federal funds.
(d) Prohibition on Acquisition of Real Property-
(1) IN GENERAL- The management entity shall not use Federal funds received
under this Act to acquire real property or any interest in real property.
(2) OTHER SOURCES- Nothing in this Act precludes the management entity
from using Federal funds from other sources for authorized purposes, including
the acquisition of real property or any interest in real property.
SEC. 6. MANAGEMENT PLAN.
(a) In General- Not later than 3 years after the date on which funds are
first made available to carry out this Act, the management entity shall
prepare and submit for review to the Secretary a management plan for the
Heritage Area.
(b) Requirements for Preparation and Implementation- The management entity
shall--
(1) collaborate with and consider the interests of diverse units of local
government, businesses, tourism officials, private property owners, and
nonprofit groups within the Heritage Area in preparing and implementing
the management plan;
(2) ensure regular public involvement regarding the implementation of
the management plan for the Heritage Area; and
(3) submit the proposed management plan to participating units of local
governments within the Heritage Area for review.
(c) Contents- The management plan for the Heritage Area shall--
(1) present a comprehensive program for the conservation, interpretation,
funding, management, and development of the Heritage Area (including the
natural, historic, and cultural resources and the recreational and educational
opportunities of the Heritage Area) in a manner consistent with--
(A) existing Federal, State, and local land use laws; and
(B) the compatible economic viability of the Heritage Area;
(2) involve residents, public agencies, and private organizations in the
Heritage Area;
(3) specify and coordinate, as of the date of the management plan, existing
and potential sources of technical and financial assistance under this
Act and other Federal laws for the protection, management, and development
of the Heritage Area; and
(A) actions to be undertaken by units of local government and private
organizations to protect, conserve, and interpret the resources of the
Heritage Area;
(B) an inventory of resources in the Heritage Area that includes a list
of property in the Heritage Area that--
(i) is related to the themes of the Heritage Area; and
(ii) merits preservation, restoration, management, development, or
maintenance because of the natural, historic, cultural, or recreational
significance of the property;
(C) a recommendation of policies for resource management that consider
the application of appropriate land and water management techniques,
including policies for the development of intergovernmental cooperative
agreements, private sector agreements, or any combination of agreements,
to protect the natural, historic, cultural, and recreational resources
of the Heritage Area in a manner that is consistent with the support
of appropriate and compatible economic viability;
(D) a program for implementation of the management plan by the management
entity, in cooperation with partners of the management entity and units
of local government;
(E) evidence that relevant State, county, and local plans applicable
to the Heritage Area have been taken into consideration;
(F) an analysis of means by which Federal, State, and local programs
may best be coordinated to promote the purposes of this Act; and
(G) a business plan for the Heritage Area that--
(i) describes in detail--
(I) the role, operation, financing, and functions of the management
entity; and
(II) each activity included in the recommendations in the management
plan; and
(ii) provides, to the satisfaction of the Secretary, adequate assurances
that the management entity is likely to have the financial resources
necessary to implement the management plan, including the resources
necessary to meet matching requirement for grants awarded under this
Act.
(d) Consideration of Interests of Local Groups- In preparing and implementing
the management plan, the management entity shall consider the interests
of diverse units of local government, businesses, private property owners,
and nonprofit groups in the Heritage Area.
(1) IN GENERAL- The management entity shall conduct public meetings at
least quarterly regarding the development and implementation of the management
plan.
(2) PUBLIC NOTICE- The management entity shall--
(A) place a notice of each public meeting in a newspaper of general
circulation in the Heritage Area; and
(B) make the minutes of each public meeting available to the public.
(f) Disqualification From Funding- If a proposed management plan is not
submitted to the Secretary by the date that is 3 years after the date on
which funds are first made available to carry out this Act, the management
entity may not receive additional funding under this Act until the date
on which the Secretary receives the proposed management plan.
(g) Approval and Disapproval of Management Plan-
(1) IN GENERAL- Not later than 90 days after the date on which the management
entity submits the management plan to the Secretary, the Secretary, in
consultation with the Governor of the State or a designee of the Governor,
shall approve or disapprove the proposed management plan.
(2) DISAPPROVAL AND REVISIONS-
(A) IN GENERAL- If the Secretary disapproves a proposed management plan,
the Secretary shall--
(i) advise the management entity, in writing, of the reasons for the
disapproval; and
(ii) make recommendations for revision of the proposed management
plan.
(B) APPROVAL OR DISAPPROVAL- The Secretary shall approve or disapprove
a revised management plan not later than 90 days after the date on which
the revised management plan is submitted.
(3) APPROVAL OF AMENDMENTS-
(A) IN GENERAL- The Secretary shall review and approve or disapprove
substantial amendments to the management plan.
(B) FUNDING- Funds appropriated under this Act may not be expended to
implement any changes made by an amendment to the management plan until
the Secretary approves the amendment.
(h) Priorities- The management entity shall give priority to the implementation
of actions, goals, and strategies set forth in the management plan, including
assisting units of local government and other persons in--
(1) carrying out programs that recognize and protect important resource
values in the Heritage Area;
(2) encouraging economic viability in the Heritage Area in accordance
with the goals of the management plan;
(3) establishing and maintaining interpretive exhibits in the Heritage
Area;
(4) developing heritage-based recreational and educational opportunities
for residents and visitors in the Heritage Area;
(5) increasing public awareness of and appreciation for the natural, historic,
and cultural resources of the Heritage Area;
(6) restoring historic buildings that are--
(A) located in the Heritage Area; and
(B) related to the themes of the Heritage Area; and
(7) installing throughout the Heritage Area clear, consistent, and appropriate
signs to identify public access points and sites of interest.
SEC. 7. TECHNICAL AND FINANCIAL ASSISTANCE; OTHER FEDERAL AGENCIES.
(a) Technical and Financial Assistance-
(1) IN GENERAL- On 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 natural, historic, and cultural 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 non-Federal 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 effects of the activity on--
(A) the purposes of the Heritage Area; and
(2) consult with the management entity with respect to the activity; and
(3) to the maximum extent practicable, conduct or support the activity
to avoid adverse effects on the Heritage Area.
(c) Other Assistance Not Affected- Nothing in this Act affects the authority
of any Federal official to provide technical or financial assistance under
any other law.
(d) Notification of Other Federal Activities- The head of each Federal agency
shall provide to the Secretary and the management entity for the Heritage
Area, to the extent practicable, advance notice of all activities that may
have an impact on the Heritage Area.
SEC. 8. PRIVATE PROPERTY PROTECTION.
(a) In General- Nothing in this Act--
(1) requires any private property owner to allow public access (including
access by the Federal Government, State government, or units of local
government) to the private property; or
(2) modifies any provision of Federal, State, or local law with respect
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 have any effect on any liability under any other
law, of any private property owner with respect to any persons injured on
the private property.
(c) Recognition of Authority To Control Land Use- Nothing in this Act modifies
any authority of the Federal Government, State government, or units of local
governments to regulate land use.
(d) Participation of Private Property Owners in Heritage Area- Nothing in
this Act requires the owner of any private property located within the boundaries
of the Heritage Area to participate in, or be associated with, the Heritage
Area.
(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 grants any power of zoning or land use
to the management entity.
(1) IN GENERAL- The management entity shall be an advocate for land management
practices that are consistent with the purposes of the Heritage Area.
(2) EFFECT- Nothing in this Act--
(A) abridges the rights of any person with respect to private property;
(B) affects the authority of the State or unit of local government relating
to private property; or
(C) imposes any additional burden on any property owner.
SEC. 9. EFFECT.
(a) Rules, Regulations, Standards, and Permit Processes- Nothing in this
Act imposes any environmental, occupational, safety, or other rule, regulation,
standard, or permit process in the Heritage Area that is different from
the rule, regulation, standard, or process that would be applicable if the
Heritage Area had not been established.
(b) Water and Water Rights- Nothing in this Act authorizes or implies the
reservation or appropriation of water or water rights.
(c) No Diminishment of State Authority- Nothing in this Act diminishes the
authority of the State to manage fish and wildlife, including the regulation
of fishing and hunting within the Heritage Area.
(d) Existing National Heritage Areas- Nothing in this Act affects any national
heritage area designated before the date of enactment of this Act.
SEC. 10. 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 carried out using funds made available under this Act shall be
not more than 50 percent.
SEC. 11. 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 enactment of this Act.
END
