[House Report 115-709]
[From the U.S. Government Publishing Office]
115th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 115-709
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MOUNTAINS TO SOUND GREENWAY NATIONAL HERITAGE ACT
_______
June 1, 2018.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Bishop of Utah, from the Committee on Natural Resources, submitted
the following
R E P O R T
[To accompany H.R. 1791]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 1791) 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 Act''.
SEC. 2. PURPOSES; CONSTRUCTION.
The purposes of this Act include--
(1) to recognize the national importance of the natural and
cultural legacies of the area, as demonstrated in the study
entitled ``Mountains to Sound Greenway National Heritage Area
Feasibility Study'' dated April 2012 and its addendum dated May
2014;
(2) to recognize the heritage of natural resource
conservation in the Pacific Northwest and in the Mountains to
Sound Greenway;
(3) to preserve, support, conserve, and interpret the
legacies of natural resource conservation, community
stewardship, and Indian tribes and nations from time
immemorial, within the Mountains to Sound National Heritage
Area;
(4) to promote heritage, cultural, and recreational tourism
and to develop educational and cultural programs for visitors
and the general public;
(5) to recognize and interpret important events and
geographic locations representing key developments in the
creation of America, particularly the settlement of the
American West and the stories of diverse ethnic groups, Indian
tribes, and others;
(6) to enhance a cooperative management framework to assist
Federal, State, local, and Tribal governments, the private
sector, and citizens residing in the Heritage Area in
conserving, supporting, managing, and enhancing natural and
recreational sites in the Heritage Area;
(7) to recognize and interpret the relationship between land
and people, representing broad American ideals demonstrated
through the integrity of existing resources within the Heritage
Area; and
(8) to support working relationships between public land
managers and the community by creating relevant links between
the National Park Service, the Forest Service, other relevant
Federal agencies, Tribal governments, State and local
governments and agencies, and community stakeholders within and
surrounding the Heritage Area in order to protect, enhance, and
interpret cultural and natural resources within the Heritage
Area.
SEC. 3. 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 4(d).
(3) Management plan.--The term ``management plan'' means the
management plan for the Heritage Area required under section 5.
(4) Map.--The term ``Map'' means the map entitled ``Mountains
to Sound Greenway National Heritage Area Proposed Boundary'',
numbered 584/125,484, and dated August 2014.
(5) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(6) State.--The term ``State'' means the State of Washington.
(7) Tribe or tribal.--The terms ``Tribe'' or ``Tribal'' mean
any federally recognized Indian tribe with cultural heritage
and historic interests within the proposed Mountains to Sound
Greenway National Heritage Area, including the Snoqualmie,
Yakama, Tulalip, Muckleshoot and Colville Indian tribes.
SEC. 4. DESIGNATION OF THE MOUNTAINS TO SOUND GREENWAY NATIONAL
HERITAGE AREA.
(a) Establishment.--There is established in the State the Mountains
to Sound Greenway National Heritage Area.
(b) Boundaries.--The Heritage Area shall consist of land located in
King and Kittitas Counties in the State, as generally depicted on the
map.
(c) Map.--The map shall be on file and available for public
inspection in the appropriate offices of the National Park Service, the
United States Forest Service, and the local coordinating entity.
(d) Local Coordinating Entity.--The Secretary shall designate a
willing local unit of government, a consortium of affected counties,
Indian tribe, or a nonprofit organization to serve as the coordinating
entity for the Heritage Area within 120 days of the date of the
enactment of this Act.
SEC. 5. MANAGEMENT PLAN.
(a) In General.--Not later than 3 years after the date of the
enactment of this Act, 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, and interpretation of the natural,
cultural, historic, scenic, and recreational resources of the
Heritage Area;
(2) take into consideration Federal, State, Tribal, and local
plans; and
(3) include--
(A) an inventory of the natural, historical,
cultural, educational, scenic, and recreational
resources of the Heritage Area, including an
acknowledgment of the exercise of Tribal treaty rights,
that relate to the national importance and themes of
the Heritage Area that should be conserved and
enhanced;
(B) a description of strategies and recommendations
for conservation, funding, management, and development
of the Heritage Area;
(C) a description of the actions that Federal, State,
local, and Tribal governments, private organizations,
and individuals have agreed to take to protect and
interpret the natural, cultural, historical, scenic,
and recreational resources of the Heritage Area;
(D) a program of implementation for the management
plan by the local coordinating entity, including--
(i) performance goals and ongoing performance
evaluation; and
(ii) commitments for implementation made by
partners;
(E) the identification of sources of funding for
carrying out the management plan;
(F) analysis and recommendations for means by which
Federal, State, local, and Tribal programs may best be
coordinated to carry out this section;
(G) an interpretive plan for the Heritage Area,
including Tribal heritage;
(H) recommended policies and strategies for resource
management, including the development of
intergovernmental and interagency cooperative
agreements to protect the natural, cultural,
historical, scenic, and recreational resources of the
Heritage Area; and
(I) a definition of the roles of the National Park
Service, the Forest Service, other Federal agencies,
and Tribes in the coordination of the Heritage Area and
in otherwise furthering the purposes of this Act.
(c) Deadline.--If a proposed management plan is not submitted to the
Secretary by the date that is 3 years after the date of the enactment
of this Act, the local coordinating entity shall be ineligible to
receive additional funding under this Act until the date on which the
Secretary receives and approves the management plan.
(d) Approval or Disapproval of Management Plan.--
(1) In general.--Not later than 180 days after the date of
receipt of the proposed management plan, the Secretary, in
consultation with the State, affected counties, and Tribal
governments, shall approve or disapprove the management plan.
(2) Criteria for approval.--In determining whether to approve
the management plan, the Secretary shall consider whether--
(A) the local coordinating entity has 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, if
implemented, would adequately protect the natural,
cultural, historical, scenic, and recreational
resources of the Heritage Area;
(C) the management plan is consistent with the
Secretary's trust responsibilities to Indian tribes and
Tribal treaty rights within the National Heritage Area;
and
(D) the management plan is supported by the
appropriate State, Kittitas County, King County, and
local officials, the cooperation of which is needed to
ensure the effective implementation of State and local
aspects of the management plan.
(3) Action following disapproval.--If the Secretary
disapproves the management plan, the Secretary shall--
(A) advise the local coordinating entity in writing
of the reasons for the disapproval;
(B) make recommendations to the local coordinating
entity for revisions to the management plan; and
(C) not later than 180 days after the receipt of any
revised management plan from the local coordinating
entity, approve or disapprove the revised management
plan.
(e) Amendments.--The Secretary shall review and approve or disapprove
in the same manner as the original management plan, each amendment to
the management plan that makes a substantial change to the management
plan, as determined by the Secretary. The local coordinating entity
shall not carry out any amendment to the management plan until the date
on which the Secretary has approved the amendment.
SEC. 6. ADMINISTRATION.
(a) Authorities.--
(1) In general.--For purposes of implementing the management
plan, the Secretary and Forest Service may--
(A) provide technical assistance for the
implementation of the management plan; and
(B) enter into cooperative agreements with the local
coordinating entity, State and local agencies, Tribes,
and other interested parties to carry out this Act,
including cooperation and cost sharing as appropriate
to provide more cost-effective and coordinated public
land management.
(2) Termination of authority.--The authority of the Secretary
to provide technical assistance under this Act terminates on
the date that is 15 years after the date of the enactment of
this Act.
(b) Local Coordinating Entity Authorities.--For purposes of
implementing the management plan, the local coordinating entity may--
(1) make grants to the State or a political subdivision of
the State, Tribes, nonprofit organizations, and other persons;
(2) enter into cooperative agreements with, or provide
technical assistance to, Federal agencies, the State or
political subdivisions of the State, Tribes, nonprofit
organizations, and other interested parties;
(3) hire and compensate staff, including individuals with
expertise in natural, cultural, historical, scenic, and
recreational resource protection and heritage programming;
(4) obtain money or services from any source, including any
money or services that are provided under any other Federal law
or program, in which case the Federal share of the cost of any
activity assisted using Federal funds provided for National
Heritage Areas shall not be more than 50 percent;
(5) contract for goods or services; and
(6) undertake to be a catalyst for other activities that--
(A) further the purposes of the Heritage Area; and
(B) are consistent with the management plan.
(c) Local Coordinating Entity Duties.--The local coordinating entity
shall--
(1) in accordance with section 5, prepare and submit a
management plan to the Secretary;
(2) assist units of Federal, State, and local government,
Tribes, regional planning organizations, nonprofit
organizations, and other interested parties 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 interpretive
exhibits and programs in the Heritage Area;
(C) developing recreational and educational
opportunities in the Heritage Area; and
(D) increasing public awareness of, and appreciation
for, the natural, cultural, historical, Tribal, scenic,
and recreational resources of the Heritage Area;
(3) consider the interests of diverse units of government,
Tribes, business, organizations, and individuals in the
Heritage Area in the preparation and implementation of the
management plan;
(4) conduct meetings open to the public at least semiannually
regarding the development and implementation of the management
plan;
(5) encourage, by appropriate means, economic viability that
is consistent with the Heritage Area; and
(6) 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 entity over the 5-year
period that describes the activities, expenses, and
income of the local coordinating entity (including
grants from the local coordinating entity to any other
entity during the year that the report is made).
(d) Prohibition on Acquisition of Real Property.--The local
coordinating entity may not acquire real property or interest in real
property through condemnation.
(e) Use of Federal Funds.--Nothing in this Act shall preclude the
local coordinating entity from using Federal funds available under
other laws for the purposes for which those funds were authorized.
SEC. 7. RELATIONSHIP TO TRIBAL GOVERNMENTS.
Nothing in this Act shall construe, define, waive, limit, affect any
rights of any federally recognized Indian tribe and the Federal trust
responsibility.
SEC. 8. 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 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. 9. PRIVATE PROPERTY AND REGULATORY PROTECTIONS.
Nothing in this Act, the proposed Mountains to Sound Greenway
National Heritage Area, or resulting management plan (or any revisions
to that plan) shall--
(1) abridge the rights of any owner of public or private
property, including the right to refrain from participating in
any plan, project, program, or activity conducted within the
Heritage Area;
(2) require any property owner--
(A) to allow public access (including access by
Federal, State, or local agencies) to the property of
the property owner; or
(B) to modify public access or use of property of the
property owner under any other Federal, State, or local
law;
(3) alter any duly adopted land use regulation, approved land
use plan, or other regulatory authority of any Federal, State,
Tribal, or local agency;
(4) convey any land use or other regulatory authority to the
local coordinating entity or any subsidiary organization,
including but not necessarily limited to development and
management of energy or water or water-related infrastructure;
(5) authorize or imply the reservation or appropriation of
water or water rights;
(6) diminish the authority of the State to manage fish and
wildlife, including the regulation of fishing and hunting
within the Heritage Area or the authority of Tribes to regulate
their members with respect to such matters in the exercise of
Tribal treaty rights;
(7) create any liability, or affects any liability under any
other law, of any private property owner with respect to any
person injured on the private property;
(8) affect current or future grazing permits, leases, or
allotment on Federal lands;
(9) affect the construction, operation, maintenance or
expansion of current or future water projects, including water
storage, hydroelectric facilities, or delivery systems; or
(10) alter the authority of State, county, or local
governments in land use planning or obligate those governments
to comply with any recommendations in the management plan.
SEC. 10. EVALUATION AND REPORT.
(a) In General.--Not later than 15 years after the date of the
enactment of this Act, the Secretary shall--
(1) conduct an evaluation of the accomplishments of the
Heritage Area; and
(2) prepare a report in accordance with subsection (c).
(b) Evaluation.--An evaluation conducted under subsection (a)(1)
shall--
(1) assess the progress of the local coordinating entity with
respect to--
(A) accomplishing the purposes of the Heritage Area;
and
(B) achieving the goals and objectives of the
management plan;
(2) analyze the investments of Federal, State, Tribal, and
local governments and private entities 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
(a)(1), the Secretary shall submit to the Committee on Natural
Resources of the House of Representatives and the Committee on Energy
and Natural Resources of the Senate a report that includes
recommendations for the future role of the National Park Service with
respect to the Heritage Area.
PURPOSE OF THE BILL
The purpose of H.R. 1791 is to establish the Mountains to
Sound Greenway National Heritage Area in the State of
Washington.
BACKGROUND AND NEED FOR LEGISLATION
H.R. 1791 would establish the Mountains to Sound Greenway
National Heritage Area (NHA) across portions of King and
Kittitas Counties in the State of Washington and directs the
Secretary of the Interior to designate a local unit of
government, an Indian tribe, or a nonprofit organization to
serve as the local coordinating entity for the heritage area.
Once designated, the chosen entity will prepare and submit a
management plan for the area. Congress has authorized 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 (NPS) for technical assistance and may
also qualify 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 area proposed for designation under this bill is
diverse and has lands ranging from mountains, vast forests,
high desert, suburban parks and gardens, to metropolitan
streets. The Greenway area has been the focus of a grassroots
conservation effort by the Mountains to Sound Greenway
Coalition for more than 20 years. The Greenway connects 1.5
million acres of urban and wild lands along Interstate 90. Over
900,000 acres of the land is publicly owned, ranging from city
parks to expansive public forests. Another 100,000 acres are
conserved as permanent private forests.\1\
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\1\Mountains to Sound Greenway, About Us https://mtsgreenway.org/
about/
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In 1990, hundreds of citizens, led by members of the
Issaquah Alps Trails Club, staged a march from Snoqualmie Pass
to the Seattle waterfront. The intent of the march was to
highlight the need for conservation in the region to counter
rapid urban expansion. In 1991, under civic leader Jim Ellis,
the non-profit Mountains to Sound Greenway Trust was
established. The Trust supports efforts to preserve open space,
farms, working forests, and historic sites, and to create new
trails, recreation and tourism opportunities along I-90. In the
years since the Trust was established, the Mountains to Sound
Greenway was designated as a Washington State Scenic Byway and
in 1998 as a National Scenic Byway.\2\
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\2\Washington State Department of Transportation, Mountains to
Sound Greenway Scenic Byway. http://www.wsdot.wa.gov/LocalPrograms/
ScenicByways/MountainsToSound.htm.
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In March 2012, the Trust completed an independent
feasibility study regarding designation of the Mountains to
Sound Greenway as a NHA. The study was reviewed by the NPS and
was found to not meet the NPS interim NHA Feasibility
Guidelines. Subsequently, in May 2014, the Trust provided an
addendum to the study which provide a revised statement of
national importance, themes, a list of associated resources, a
summary of traditions, customs, beliefs and folk life, and a
boundary justification.
Legislation has been introduced in the House and the Senate
since the 113th Congress to establish the Mountains to Sound
Greenway NHA, and both the House and the Senate have held
hearings on these proposals.\3\ The House Committee on Natural
Resources favorably reported a similar bill, H.R. 1785, in the
113th Congress, and the Senate Committee on Energy and Natural
Resources has favorably reported bills in the 113th, 114th, and
115th Congresses.\4\
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\3\H.R. 1785 (113th Congress); H.R. 2900 (114th Congress).
\4\S. 2602 (113th Congress); S. 1690 (114th Congress); and S. 713
(115th Congress).
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COMMITTEE ACTION
H.R. 1791 was introduced on March 29, 2017, by Congressman
David G. Reichart (R-WA). The bill was referred to the
Committee on Natural Resources, and within the Committee to the
Subcommittee on Federal Lands. On April 11, 2018, the
Subcommittee held a hearing on the legislation. On May 8, 2018,
the Natural Resources Committee met to consider the bill. The
Subcommittee was discharged by unanimous consent. Congressman
Rob Bishop (R-UT) offered an amendment designated #1; it was
adopted by unanimous consent. No further amendments were
offered, and the bill, as amended, was ordered favorably
reported to the House of Representatives by unanimous consent.
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 AND CONGRESSIONAL BUDGET ACT
1. Cost of Legislation and the Congressional Budget Act.
With respect to the requirements of clause 3(c)(2) and (3) of
rule XIII of the Rules of the House of Representatives and
sections 308(a) and 402 of the Congressional Budget Act of
1974, the Committee has received the following estimate for the
bill from the Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, May 21, 2018.
Hon. Rob Bishop,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 1791, the
Mountains to Sound Greenway National Heritage Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Janani
Shankaran.
Sincerely,
Mark P. Hadley
(For Keith Hall, Director).
Enclosure.
H.R. 1791--Mountains to Sound Greenway National Heritage Act
H.R. 1791 would establish the Mountains to Sound Greenway
National Heritage Area (NHA in King and Kittitas Counties,
Washington. The bill would direct the National Park Service
(NPS) to provide assistance to local partners and designate a
local coordinating entity that would develop a management plan
for the Mountains to Sound Green ay NHA.
The NPS provides technical and financial assistance to NHAs
through the Heritage Partnership Program. According to the NPS,
under that program the agency typically awards $150,000
annually to newly established NHAs. Based on the experience of
other NHAs, CBO estimates that implementing H.R. 1791 would
cost about $1 million over the 2019-2123 period; such spending
would be subject to the availability of appropriated funds.
Enacting H.R. 1791 would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply.
CBO estimates that enacting H.R. 1791 would not increase
net direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2029.
H.R. 1791 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act.
The CBO staff contact for this estimate is Janani
Shankaran. The estimate was reviewed by Samuel Papenfuss,
Deputy Assistant Director for Budget Analysis.
2. 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. This bill does not contain any
directed rule makings.
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 to existing
law.
[all]