Blue Ridge National Heritage Area Act of 2003

108th CONGRESS
1st Session

H. R. 1759

To establish the Blue Ridge National Heritage Area in the State of North Carolina, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

April 10, 2003

Mr. TAYLOR of North Carolina (for himself and Mr. BALLENGER) introduced the following bill; which was referred to the Committee on Resources

A BILL

To establish the Blue Ridge National Heritage Area in the State of North Carolina, 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 `Blue Ridge National Heritage Area Act of 2003'.

SEC. 2. FINDINGS AND PURPOSES.

(a) FINDINGS- Congress finds that--

(1) the Blue Ridge Mountains and the extensive cultural and natural resources of the Blue Ridge Mountains have played a significant role in the history of the United States and the State of North Carolina;

(2) archaeological evidence indicates that the Blue Ridge Mountains have been inhabited by humans since the last retreat of the glaciers, with the Native Americans living in the area at the time of European discovery being primarily of Cherokee descent;

(3) the Blue Ridge Mountains of western North Carolina, including the Great Smoky Mountains, played a unique and significant role in the establishment and development of the culture of the United States through several distinct legacies, including--

(A) the craft heritage that--

(i) was first influenced by the Cherokee Indians;

(ii) was the origin of--

(I) the traditional craft movement starting in 1900; and

(II) the contemporary craft movement starting in the 1940's; and

(iii) is carried out by over 4,000 craftspeople in the Blue Ridge Mountains of western North Carolina, the third largest concentration of such people in the United States;

(B) a musical heritage comprised of distinctive instrumental and vocal traditions that--

(i) includes stringband music, bluegrass, ballad singing, blues, and sacred music;

(ii) has received national recognition; and

(iii) has made the region 1 of the richest repositories of traditional music and folklife in the United States;

(i) dating back thousands of years; and

(ii) offering--

(I) nationally significant cultural traditions practiced by the Eastern Band of Cherokee Indians;

(II) authentic tradition bearers;

(III) historic sites; and

(IV) historically important collections of Cherokee artifacts; and

(D) the agricultural heritage established by the Cherokee Indians, including medicinal and ceremonial food crops, combined with the historic European patterns of raising livestock, culminating in the largest number of specialty crop farms in North Carolina;

(4) the artifacts and structures associated with those legacies are unusually well-preserved;

(5) the Blue Ridge Mountains are recognized as having 1 of the richest collections of historical resources in North America;

(6) the history and cultural heritage of the Blue Ridge Mountains are shared with the States of Virginia, Tennessee, and Georgia;

(7) there are significant cultural, economic, and educational benefits in celebrating and promoting this mutual heritage;

(8) according to the 2002 reports entitled `The Blue Ridge Heritage and Cultural Partnership' and `Western North Carolina National Heritage Area Feasibility Study and Plan', the Blue Ridge Mountains contain numerous resources that are of outstanding importance to the history of the United States; and

(9) it is in the interest of the United States to preserve and interpret the cultural and historical resources of the Blue Ridge Mountains for the education and benefit of present and future generations.

(b) PURPOSE- The purpose of this Act is to foster a close working relationship with, and to assist, all levels of government, the private sector, and local communities in the State in managing, preserving, protecting, and interpreting the cultural, historical, and natural resources of the Heritage Area while continuing to develop economic opportunities.

SEC. 3. DEFINITIONS.

In this Act:

(1) HERITAGE AREA- The term `Heritage Area' means the Blue Ridge 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(c).

(3) MANAGEMENT PLAN- The term `management plan' means the management plan for the Heritage Area approved under section 5.

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

(5) STATE- The term `State' means the State of North Carolina.

SEC. 4. BLUE RIDGE NATIONAL HERITAGE AREA.

(a) ESTABLISHMENT- There is established the Blue Ridge National Heritage Area in the State.

(b) BOUNDARIES- The Heritage Area shall consist of the counties of Alleghany, Ashe, Avery, Buncombe, Burke, Caldwell, Cherokee, Clay, Graham, Haywood, Henderson, Jackson, McDowell, Macon, Madison, Mitchell, Polk, Rutherford, Surry, Swain, Transylvania, Watauga, Wilkes, Yadkin, and Yancey in the State.

(1) IN GENERAL- As a condition of the receipt of funds made available under section 9(a), the Blue Ridge National Heritage Area Partnership shall be the management entity for the Heritage Area.

(2) BOARD OF DIRECTORS- The management entity shall be governed by a board of directors composed of 9 members, of whom--

(A) 2 members shall be appointed by AdvantageWest;

(B) 2 members shall be appointed by HandMade In America, Inc.;

(D) 1 member shall be appointed by the Eastern Band of the Cherokee Indians; and

(E) 3 members shall--

(i) be appointed by the Governor of the State;

(ii) reside in geographically diverse regions of the Heritage Area;

(iii) be a representative of State or local governments or the private sector; and

(iv) have knowledge of tourism, economic and community development, regional planning, historic preservation, cultural or natural resources development, regional planning, conservation, recreational services, education, or museum services.

SEC. 5. MANAGEMENT PLAN.

(a) IN GENERAL- Not later than 3 years after the date of enactment of this Act, the management entity shall submit to the Secretary for approval a management plan for the Heritage Area.

(b) CONSIDERATION OF OTHER PLANS AND ACTIONS- In developing the management plan, the management entity shall--

(1) for the purpose of presenting a unified preservation and interpretation plan, take into consideration Federal, State, and local plans; and

(2) provide for the participation of residents, public agencies, and private organizations in the Heritage Area.

(1) present comprehensive recommendations and strategies for the conservation, funding, management, and development of the Heritage Area;

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

(3) include--

(A) an inventory of the cultural, historical, natural, and recreational resources of the Heritage Area, including a list of property that--

(i) relates to the purposes of the Heritage Area; and

(ii) should be conserved, restored, managed, developed, or maintained because of the significance of the property;

(B) a program of strategies and actions for the implementation of the management plan that identifies the roles of agencies and organizations that are involved in the implementation of the management plan;

(D) a recommendation of policies for resource management and protection that develop intergovernmental cooperative agreements to manage and protect the cultural, historical, natural, and recreational resources of the Heritage Area; and

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

(d) EFFECT OF FAILURE TO SUBMIT- If a management plan is not submitted to the Secretary by the date described in subsection (a), the Secretary shall not provide any additional funding under this Act until a management plan is submitted to the Secretary.

(e) APPROVAL OR DISAPPROVAL OF MANAGEMENT PLAN-

(1) IN GENERAL- Not later than 90 days after receiving the management plan submitted 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 the management plan--

(A) has strong local support from landowners, business interests, nonprofit organizations, and governments in the Heritage Area; and

(B) has a high potential for effective partnership mechanisms.

(3) ACTION FOLLOWING DISAPPROVAL- If the Secretary disapproves a management plan under subsection (e)(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

(4) DEADLINE FOR APPROVAL OF REVISION- Not later than 60 days after the date on which a revision is submitted under paragraph (3)(C), the Secretary shall approve or disapprove the proposed revision.

(f) AMENDMENT OF APPROVED MANAGEMENT PLAN-

(1) IN GENERAL- After approval by the Secretary of a management plan, the management entity shall periodically--

(A) review the management plan; and

(B) submit to the Secretary, for review and approval, the recommendation of the management entity for any amendments to the management plan.

(2) USE OF FUNDS- No funds made available under section 9(a) shall be used to implement any amendment proposed by the management entity under paragraph (1)(B) until the Secretary approves the amendment.

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

(a) AUTHORITIES- For the purposes of developing and implementing the management plan, the management entity may use funds made available under section 9(a) to--

(1) make loans and grants to, and enter into cooperative agreements with, the State (including a political subdivision), nonprofit organizations, or persons;

(2) hire and compensate staff; and

(3) enter into contracts for goods and services.

(b) DUTIES- In addition to developing the management plan, the management entity shall--

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

(2) conduct public meetings in the Heritage Area at least semiannually on the development and implementation of the management plan;

(3) give priority to the implementation of actions, goals, and strategies in the management plan, including providing assistance to units of government, nonprofit organizations, and persons in--

(A) carrying out the programs that protect resources in the Heritage Area;

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

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

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

(4) for any fiscal year for which Federal funds are received under section 9(a)--

(A) submit to the Secretary a report that describes, for the fiscal 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 relating to the expenditure of 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 relating to the expenditure of funds.

(c) PROHIBITION ON THE ACQUISITION OF REAL PROPERTY- The management entity shall not use Federal funds received under section 9(a) to acquire real property or an interest in real property.

SEC. 7. TECHNICAL AND FINANCIAL ASSISTANCE.

(a) IN GENERAL- The Secretary may provide to the management entity technical assistance and, subject to the availability of appropriations, financial assistance, for use in developing and implementing the management plan.

(b) PRIORITY FOR ASSISTANCE- In providing assistance under subsection (a), the Secretary shall give priority to actions that facilitate--

(1) the preservation of the significant cultural, historical, natural, and recreational resources of the Heritage Area; and

(2) the provision of educational, interpretive, and recreational opportunities that are consistent with the resources of the Heritage Area.

SEC. 8. LAND USE REGULATION.

(a) IN GENERAL- Nothing in this Act--

(1) grants any power of zoning or land use to the management entity; or

(2) modifies, enlarges, or diminishes any authority of the Federal Government or any State or local government to regulate any use of land under any law (including regulations).

(b) PRIVATE PROPERTY- Nothing in this Act--

(1) abridges the rights of any person with respect to private property;

(2) affects the authority of the State or local government with respect to private property; or

(3) 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 shall be made available for any fiscal year.

(b) NON-FEDERAL SHARE- The non-Federal share of the cost of any activities carried out using Federal funds made available under subsection (a) shall be not less 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 enactment of this Act.

END