[House Report 113-692]
[From the U.S. Government Publishing Office]
113th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 113-692
======================================================================
MOUNTAINS TO SOUND GREENWAY NATIONAL HERITAGE AREA ACT
_______
December 22, 2014.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Hastings of Washington, from the Committee on Natural Resources,
submitted the following
R E P O R T
together with
DISSENTING VIEWS
[To accompany H.R. 1785]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 1785) to establish the Mountains to Sound
Greenway National Heritage Area in the State of Washington, and
for other purposes, having considered the same, report
favorably thereon with an amendment and recommend that the bill
as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mountains to Sound Greenway National
Heritage Area Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Heritage area.--The term ``Heritage Area'' means the
Mountains to Sound Greenway National Heritage Area established
in this Act.
(2) Local coordinating entity.--The term ``local coordinating
entity'' means the entity selected by the Secretary under
section 3(d).
(3) Map.--The term ``map'' means the map titled ``Mountains
to Sound Greenway National Heritage Area Proposed Boundary'',
numbered 584/125,484 and dated January 31, 2011.
(4) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(5) State.--The term ``State'' means the State of Washington.
SEC. 3. DESIGNATION OF THE MOUNTAINS TO SOUND GREENWAY NATIONAL
HERITAGE AREA.
(a) Establishment.--There is hereby established the Mountains to
Sound Greenway National Heritage Area in the State, to consist of land
in King and Kittitas counties in the State, as generally depicted on
the map, unless the county commission of King or Kittitas county elects
at any time to be excluded from the Heritage Area, in which case that
county shall not be part of the Heritage Area.
(b) Map.--The map shall be on file and available to the public in the
appropriate offices of the National Park Service, United States Forest
Service, and the local coordinating entity.
(c) Local Coordinating Entity.--The Secretary shall select a local
coordinating entity for the Heritage Area.
SEC. 4. MANAGEMENT PLAN.
(a) In General.--Not later than 3 years after the date of the
enactment of this Act and subject to subsection (b)(4), the local
coordinating entity shall submit to the Secretary for approval a
proposed management plan for the Heritage Area.
(b) Requirements.--The management plan shall--
(1) incorporate an integrated and cooperative approach for
the protection, enhancement, management, and interpretation of
the natural, cultural, historic, scenic, and recreational
resources of the Heritage Area;
(2) take into consideration State government plans;
(3) include--
(A) an inventory of the resources of the Heritage
Area;
(B) an inventory of any other property in the
Heritage Area that is related to the themes of the
Heritage Area, and should be preserved, restored,
managed or maintained because of the significance of
the property;
(C) comprehensive policies, strategies and
recommendations for conservation, funding, management,
and development of the Heritage Area;
(D) 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;
(E) a program of implementation for the management
plan by the local coordinating entity that includes a
description of--
(i) actions to facilitate ongoing
collaboration among partners to promote plans
for resource protection, restoration, and
construction; and
(ii) specific commitments for implementation
that have been made by the local coordinating
entity or any government, organization or
individual for the first five years of
operation;
(F) analysis and recommendations for means by which
Federal, State, and local programs, including the role
of the National Park Service in the Heritage Area, may
best be coordinated to carry out this Act;
(G) an interpretative plan for the Heritage Area; and
(4) be submitted to the county commissions of King and
Kittitas counties in the State for approval by the commissions
before the management plan is submitted to the Secretary,
unless the county has elected not to be part of the Heritage
Area.
(c) Approval or Disapproval of Management Plan.--
(1) Review.--Not later than 180 days after receiving the
management plan for the Heritage Area, the Secretary shall
review and, in consultation with the Secretary of Agriculture
and State, approve or disapprove the management plan on the
basis of the criteria established under paragraph (2).
(2) Criteria for approval.--In determining whether to approve
a management plan for a Heritage Area, the Secretary shall
consider whether--
(A) the local coordinating entity represents the
diverse interests of the Heritage Area, including
governments, natural and historic resource protection
organizations, educational institutions, businesses,
recreational organizations, and private property
owners;
(B) the local coordinating entity has afforded
adequate opportunity, including public hearings, for
the public and Federal, State, tribal, and local
governmental involvement in the preparation of the
management plan; and
(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.
(d) Disapproval.--
(1) In general.--If the Secretary disapproves the management
plan, the Secretary shall--
(A) advise the local coordinating entity in writing
of the reasons for the disapproval; and
(B) make recommendations to the local coordinating
entity for revisions to the management plan.
(2) Deadline.--Not later than 180 days after receiving a
revised management plan, the Secretary shall approve or
disapprove the revised management plan.
(e) Amendments.--
(1) In general.--An amendment to the management plan that
substantially changes the management plan shall be reviewed by
the Secretary and approved or disapproved in the same manner as
the original management plan.
(2) County review and approval.--No amendment may be
submitted to the Secretary under paragraph (1) until and unless
the amendment is first reviewed and approved by the county
commissions for King and Kittitas counties in the State (unless
that county has elected not to be part of the Heritage Area).
(3) Implementation.--The local coordinating entity shall not
implement an amendment to the management plan until the
Secretary approves the amendment.
(f) Authorities.--The Secretary may provide technical assistance to
the State, political subdivisions of the State, nonprofit
organizations, and other interested parties.
SEC. 5. EVALUATION; REPORTING.
(a) In General.--Not later than 10 years after the enactment of this
Act, the Secretary, in consultation with the Secretary of Agriculture,
shall--
(1) conduct an evaluation of the accomplishments of the
Heritage Area; and
(2) prepare and submit a report pursuant to subsection (c).
(b) Evaluation.--An evaluation conducted under this subsection
shall--
(1) assess the progress of the local coordinating entity with
respect to--
(A) accomplishing the purposes of the authorizing
legislation for the Heritage Area; and
(B) achieving the goals and objectives of the
approved management plan for the Heritage Area;
(2) analyze the Federal, State, tribal, local, and private
investments in the Heritage Area to determine the impact of the
investments; and
(3) review the management structure, partnership
relationships, and funding of the Heritage Area for purposes of
identifying the critical components for sustainability of the
Heritage Area.
(c) Report.--Based on the evaluation conducted under subsection (b),
the Secretary shall submit a report to the Committee on Natural
Resources of the House of Representatives and the Committee on Energy
and Natural Resources of the Senate. The report shall include
recommendations for the future role of the National Park Service with
respect to the Heritage Area.
SEC. 6. LOCAL COORDINATING ENTITY.
(a) Duties.--To further the purposes of the Heritage Area, the local
coordinating entity shall--
(1) prepare and submit a management plan for the Heritage
Area to the Secretary in accordance with section 4;
(2) submit a report to the Secretary every five years after
the Secretary has approved the management plan, specifying--
(A) the expenses and income of the local coordinating
entity; and
(B) significant grants or contracts made by the local
coordinating entity to any other entities during the
five-year period.
(b) Authorities.--To further the purposes of the Heritage Area, the
local coordinating entity may--
(1) make grants to the State, or a political subdivision of
the State, nonprofit organizations, and other parties within
the National Heritage Area;
(2) enter into cooperative agreements with or provide
technical assistance to political jurisdictions, nonprofit
organizations, Federal agencies, and other interested parties;
(3) hire and compensate staff, which shall include
individuals with expertise in natural, cultural, and historical
resources protection, heritage programming, and economic and
community development;
(4) obtain funds or services that are provided under any
Federal law or program not specifically applicable to national
heritage areas;
(5) contract for goods or services;
(6) support activities that further the Heritage Area and are
consistent with the approved management plan;
(7) assist units of local government, regional planning
organizations, and nonprofit organizations in carrying out the
approved management plan by--
(A) carrying out programs and projects that
recognize, protect, and enhance important resource
values in the Heritage Area;
(B) establishing and maintaining interpretative
exhibits and programs in 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
the 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 Heritage Area;
(8) 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;
(9) conduct meetings open to the public at least semiannually
regarding the development and implementation of the management
plan;
(10) for any year that Federal funds have been received by
the local coordinating entity--
(A) submit to the Secretary an annual report that
describes the activities, expenses, and income of the
local coordinating entity (including grants to any
other entities during the year that the report is
made);
(B) make available to the Secretary for audit all
records relating to the expenditure of the funds and
any matching funds; and
(C) require, with respect to all agreements
authorizing expenditure of Federal funds by other
organizations, that the organizations receiving the
funds make available to the Secretary for audit all
records concerning the expenditure of the funds; and
(11) encourage by appropriate means economic vitality that is
consistent with the Heritage Area.
(c) Prohibition on Acquisition of Real Property.--The local
coordinating entity may not acquire real property or interests in real
property with Federal funds or through condemnation.
SEC. 7. RELATIONSHIP TO OTHER FEDERAL AGENCIES.
(a) In General.--Nothing in this Act affects the authority of a
Federal agency to provide technical or financial assistance under any
other law.
(b) Consultation and Coordination.--Any Federal agency planning to
conduct activities that may have an impact on the Heritage Area is
encouraged to consult and coordinate the activities with the Secretary
and the local coordinating entity to the maximum extent practicable.
(c) Other Federal Agencies.--Nothing in this Act--
(1) modifies, alters, or amends any law or regulation
authorizing a Federal agency to manage Federal land under the
jurisdiction of the Federal agency;
(2) limits the discretion of a Federal land manager to
implement an approved land use plan within the boundaries of
the Heritage Area; or
(3) modifies, alters, or amends any authorized use of Federal
land under the jurisdiction of a Federal agency.
SEC. 8. PRIVATE PROPERTY AND REGULATORY PROTECTIONS.
Nothing in this Act--
(1) abridges the rights of any property owner (whether public
or private), including the right to refrain from participating
in any plan, project, program, or activity conducted within the
Heritage Area;
(2) requires any property owner to permit public access
(including access by Federal, State, tribal, or local agencies)
to the property of the property owner, or to modify public
access or use of property of the property owner under any other
Federal, State, tribal, or local law;
(3) alters any duly adopted land use regulation, approved
land use plan, or other regulatory authority (such as the
authority to make safety improvements or increase the capacity
of existing roads or to construct new roads or associated
developments) of any Federal, State, tribal, local unit of
government or local agency, or conveys any land use or other
regulatory authority to any local coordinating entity,
including but not necessarily limited to development and
management of energy, water or water-related infrastructure;
(4) alters, modifies, diminishes, or extinguishes the treaty
rights of any Indian tribe within the Heritage Area;
(5) authorizes or implies the reservation or appropriation of
water or water rights;
(6) diminishes the authority of the State to manage fish and
wildlife, including the regulation of fishing and hunting
within the Heritage Area;
(7) creates any liability, or affects any liability under any
other law, of any private property owner;
(8) affects current or future grazing permits, leases or
allotments on Federal lands; or
(9) affects the construction, operation, maintenance,
improvement or expansion of current or future water projects,
including water storage, hydroelectric facilities, or delivery
systems.
SEC. 9. CLARIFICATION.
Nothing in this Act authorizes the Secretary--
(1) to allocate or distribute Federal funds to the local
coordinating entity; or
(2) to expend Federal funds for any purpose under this Act
except for those purposes specifically enumerated to the
Secretary under section 3, subsections (c), (d), (e) and (f) of
section 4, and section 5.
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.
PURPOSE OF THE BILL
The purpose of H.R. 1785 is to establish the Mountains to
Sound Greenway National Heritage Area in the State of
Washington.
BACKGROUND AND NEED FOR LEGISLATION
H.R. 1785 would establish the Mountains to Sound Greenway
National Heritage Area across portions of King and Kittitas
Counties in the State of Washington. Congress has created
National Heritage Areas (NHAs) in places with nationally
significant natural, cultural, recreational or historical
resources. Although these areas are not units of the National
Park System, they do partner with the National Park Service for
technical assistance and may also quality for certain federal
funds. In general, the intent is for such designations to
encourage private funding support and eventual self-sufficiency
for the local non-federal coordinating entity.
The landscape identified for designation under this bill
includes areas of King and Kittitas Counties known for their
environmental and recreation value, many working farms, ranches
and woodlands, critically important water storage resources,
and an economically vital transportation corridor across the
Cascade Mountains. This area has been the focus of a grassroots
conservation effort by the Mountains to Sound Greenway
Coalition for more than 20 years.
No new NHAs have been created during the past four years
and this is the only bill to designate a new area that has had
a hearing. This is due to current House of Representatives
rules, as it is no longer possible to designate heritage areas
in the same manner they've been created in the past.
Furthermore, while NHAs are often presented as a means of
simply promoting the specialness of a location or region of
country, there remain concerns about the possible direct or
indirect effects of such designations on local communities and
private property, including regulatory or bureaucratic
pressure.
During markup of the bill, the Natural Resources Committee
adopted an amendment that makes several modifications to the
underlying bill to clarify that the designation of this
heritage area is intended as a label for promotion and not a
potential or unintended tool for influencing or interfering
with local communities and property owners, or for altering
existing federal management of lands and activities included in
the heritage area.
The amendment adds a clause that ensures there will be no
impact to water activities, including current and future Bureau
of Reclamation irrigation project activities. There is also a
clause clarifying that there will be no impact to livestock
grazing due to this designation. These are very important
because the area includes a number of working farms and
ranches, as well as serves as a source of reservoir water for
the entire Yakima River Basin.
The amendment also ensures that the two affected counties
will have a strong role in how the designation affects their
communities, including in the review and approval of the
heritage area management plan.
Lastly, the amendment allows the National Park Service to
offer technical assistance to the local coordinating entity;
however, the coordinating entity would not be eligible for
additional federal funds as a result of this designation. This
has been the subject of conversation with the local advocates
for this heritage area and there has been recognition about the
necessity for its inclusion for the bill to advance. Language
is also included that provides that this will be accomplished
without affecting the local coordinating entity's existing
ability to qualify for other grants or programs.
COMMITTEE ACTION
H.R. 1785 was introduced on April 26, 2013, by Congressman
David Reichert (R-WA). The bill was referred to the Committee
on Natural Resources, and within the Committee to the
Subcommittee on Public Lands and Environmental Regulation. On
July 29, 2014, the Subcommittee held a hearing on the bill. On
November 19, 2014, the Full Natural Resources Committee met to
consider the bill. The Subcommittee on Public Lands and
Environmental Regulation was discharged by unanimous consent.
Congressman Doc Hastings (R-WA) offered an amendment designated
.046 to the bill; the amendment was adopted by voice vote. No
further amendments were offered, and the bill, as amended, was
adopted and ordered favorably reported to the House of
Representatives by voice vote.
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
COMPLIANCE WITH HOUSE RULE XIII
1. Cost of Legislation. Clause 3(d)(1) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(2)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974. Under clause 3(c)(3) of rule
XIII of the Rules of the House of Representatives and section
403 of the Congressional Budget Act of 1974, the Committee has
received the following cost estimate for this bill from the
Director of the Congressional Budget Office:
H.R. 1785--Mountains to Sound Greenway National Heritage Area Act
H.R. 1785 would establish approximately 1.5 million acres
of land in the state of Washington as the Mountains to Sound
Greenway National Heritage Area. The bill would direct the
Secretary of the Interior to select a local entity to develop a
plan to manage lands within the proposed heritage area, subject
to the Secretary's approval. The bill would prohibit the
Secretary from providing Federal funds to the selected local
entity for purposes of managing the proposed area.
CBO estimates that implementing H.R. 1785 would have a
negligible effect on the Federal budget. Based on information
from the National Park Service and assuming the availability of
appropriated funds, CB0 estimates that the agency would spend
less than $500,000 to review the proposed management plan and
carry out other routine activities related to overseeing
heritage areas. Enacting H.R. 1785 would not affect direct
spending or revenues; therefore, pay-as-you-go procedures do
not apply.
H.R. 1785 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act. Any
costs to state, local, or tribal entities resulting from
designation of the region as a National Heritage Area would be
incurred voluntarily.
The CBO staff contact for this estimate is Megan Carroll.
The estimate was approved by Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
2. Section 308(a) of Congressional Budget Act. As required
by clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives and section 308(a) of the Congressional Budget
Act of 1974, this bill does not contain any new budget
authority, spending authority, credit authority, or an increase
or decrease in revenues or tax expenditures. CBO estimates that
implementing H.R. 1785 would have a negligible effect on the
federal budget.
3. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to establish the Mountains to Sound
Greenway National Heritage Area in the State of Washington.
EARMARK STATEMENT
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
COMPLIANCE WITH H. RES. 5
Directed Rule Making. The Chairman does not believe that
this bill directs any executive branch official to conduct any
specific rule-making proceedings.
Duplication of Existing Programs. This bill does not
establish or reauthorize a program of the federal government
known to be duplicative of another program. Such program was
not included in any report from the Government Accountability
Office to Congress pursuant to section 21 of Public Law 111-139
or identified in the most recent Catalog of Federal Domestic
Assistance published pursuant to the Federal Program
Information Act (Public Law 95-220, as amended by Public Law
98-169) as relating to other programs.
PREEMPTION OF STATE, LOCAL OR TRIBAL LAW
This bill is not intended to preempt any State, local or
tribal law.
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes in existing
law.
DISSENTING VIEWS
H.R. 1785: Mountains to Sound Greenway National Heritage Area Act
H.R. 1785 designates the Mountains to Sound Greenway in
Washington State as a National Heritage Area. The bill names
the Mountains to Sound Greenway Trust as the local coordinating
entity for the National Heritage Area, and requires the Trust
to prepare a management plan for the 1.5 million acre area
between Seattle and Ellensburg, Washington. This area has
played a crucial role in economic development and conservation
of the Pacific Northwest and deserves recognition as a special
place. As a National Heritage Area, the Mountains to Sound
Greenway would be eligible for Federal grants for preservation
and the promotion of the area for tourism.
While we support the establishment of this National
Heritage Area, we cannot support the bill as amended. The
effort to establish the Greenway as a National Heritage Area
has involved the work of many stakeholders for several years.
The designation would be the first of its kind in the Pacific
Northwest and could serve as an example to the region of the
benefits of the National Heritage Area programs. However, at
markup, the majority amended the bill to add needless language
that only gives credibility to misconceptions about National
Heritage Areas. The amendment added language purporting to
protect private property rights and historic land uses.
National Heritage Areas do not encumber private property
rights, nor infringe upon historic land uses such as grazing.
National Heritage Areas exist to help communities leverage
public-private partnerships and access federal grants, creating
jobs, increasing tourism, and promoting historic preservation.
The language added by the amendment serves no real purpose,
except to proliferate misconceptions about National Heritage
Areas and further encumber the difficult process of accessing
federal funds that promote job creation and increase tourism.
We support the establishment of the Mountains to Sound
Greenway National Heritage Area but disagree with the amended
bill which undermines the purpose and promotes misconceptions
of the program.
Peter DeFazio,
Ranking Member, Committee on
Natural Resources.
Rauul Grijalva,
Ranking Member, Subcommittee
on Public Lands and
Environmental
Regulations.