S 2254 IS

To establish the Mississippi Hills National Heritage Area in the State of Mississippi, and for other purposes.CommentsClose CommentsPermalink

October 29, 2007CommentsClose CommentsPermalink

Mr. COCHRAN (for himself, Mr. LOTT, and Mr. WICKER) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural ResourcesCommentsClose CommentsPermalink

To establish the Mississippi Hills National Heritage Area in the State of Mississippi, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the `‘Mississippi Hills National Heritage Area Act of 2007'8’. CommentsClose CommentsPermalink

SEC. 2. FINDINGS.Congress finds that--(1) the area in northern Mississippi, and located in the southern foothills of the Appalachian range, has a unique identity that is shaped by--(A) a diverse geological and geographical environment, including substantial portions of--(i) the Red Clay Hills;(ii) the Flatwoods;(iii) the Pontotoc Ridge;(iv) the Black Prairie; and(v) the Northeastern Hills; and(B) diverse peoples who--(i) have settled in the area; and(ii) have been strongly influenced by the intersection of the distinctive cultures of Appalachia and the Mississippi Delta;(2) the area is rich with landmarks of diverse cultural and historical significance, including--(A) Native American settlements, particularly those of the Chickasaw and Choctaw tribes;(B) the Natchez Trace Parkway;(C) sites of important battles and other significant actions of the Civil War, including--(i) the Battle of Corinth;(ii) the Battle of Brices Crossroads;(iii) the Battle of Tupelo;(iv) Van Dorns' Raid; and(v) Grierson's Raids;(D) the Contraband Camp in Corinth;(E) the Mississippi University for Women, the first public college for women in the United States;(F) Rust College, founded before 1867, which stands as 1 of the 5 remaining historically black colleges in the United States;(G) birthplaces of literary and musical icons, including--(i) Elvis Aaron Presley, popularly known as the `King of Rock and Roll', born in Tupelo;(ii) Nobel-Laureate William Faulkner, born in New Albany;(iii) Tammy Wynette, popularly known as the `The First Lady of Country Music', born in Tremont;(iv) Tennessee Williams, 1 of the leading playwrights of the United States, born in Columbus;(v) Chester A. Burnett, otherwise known as the legendary bluesman `Howlin' Wolf', born in White Station;(vi) opera diva Ruby Elzy, born in Pontotoc; and(vii) Mississippi Hills blues musicians David `Junior' Kimbrough and R.L. Burnside, born in Marshall and Lafayette counties, respectively;(H) birthplaces of Civil Rights pioneers, including--(i) Ida B. Wells-Barnett, a formidable figure in the anti-lynching movement, born in Holly Springs; and(ii) James Meredith, who became the first African-American to enroll at the University of Mississippi, born in Kosciusko; and(I) birthplaces or residences of other cultural icons and historical figures, including--(i) barnstorming legend Roscoe Turner, born in Corinth;(ii) railroad engineer Casey Jones, who lived in Water Valley;(iii) Civil War cavalryman Nathan Bedford Forrest, who lived in Salem;(iv) Hiram Revels, the first African-American to serve in the Senate, who lived in Holly Springs;(v) L.Q.C. Lamar, a Senator, Secretary of the Interior, and Associate Justice of the Supreme Court of the United States, who lived in Oxford;(vi) author Eudora Welty, who attended the Mississippi University for Women in Columbus; and(vii) Confederate General Stephen D. Lee, who lived in Columbus;(3) the area includes spectacular natural, scenic, and recreational resources, including--(A) the Strawberry Plains State Audubon Center;(B) the Wolf River;(C) the Tennessee-Tombigbee Waterway;(D) the Holly Springs National Forest;(E) the Tombigbee National Forest;(F) the Noxubee National Wildlife Refuge;(G) the Tishomingo State Park; and(H) the Sardis, Enid, and Grenada Lakes;(4) there is broad support from local governments and other interested individuals for the establishment of the Mississippi Hills National Heritage Area to coordinate and assist in the preservation and interpretation of those resources;(5) the Mississippi Hills Heritage Area Concept Plan, coordinated by the Mississippi Hills Heritage Area Alliance is--(A) a collaborative effort between the Federal Government and State and local governments in the area; and(B) a natural foundation on which to establish the Mississippi Hills Heritage Area; and(6) the establishment of the Mississippi Hills Heritage Area would assist local communities and residents in preserving the unique cultural, historical, archaeological, natural, and recreational resources of the area.SEC. 3. DEFINITIONS.

In this Act: CommentsClose CommentsPermalink





(1) ALLIANCE- The term `Alliance' means the Mississippi Hills Heritage Area Alliance, a non-profit organization registered by the State, with the cooperation and support of the University of Mississippi.(2)HERITAGE AREA- The term `Heritage Area' means the Mississippi Hills‘Heritage Area’ means the Mississippi Hills National Heritage Area established by section 4(a3(a). CommentsClose CommentsPermalink





(2) LOCAL COORDINATING ENTITY- The term ‘local coordinating entity’ means the local coordinating entity for Heritage Area designated by section 3(c). CommentsClose CommentsPermalink





(3) MANAGEMENT PLAN- The term `management plan'‘management plan’ means the management plan for the Heritage Area developrequired under section 74(a)(1). CommentsClose CommentsPermalink





(4) SECRETARY- The term `Secretary'‘Secretary’ means the Secretary of the Interior. CommentsClose CommentsPermalink





(5) STATE- The term `State'‘State’ means the State of Mississippi. CommentsClose CommentsPermalink

SEC. 43. MISSISSIPPI HILLS NATIONAL HERITAGE AREA.

(a) Establishment- There is established in the State the Mississippi Hills National Heritage Areathe Mississippi Hills National Heritage Area in the State. CommentsClose CommentsPermalink





(b) Boundaries- CommentsClose CommentsPermalink





(1) AFFECTED COUNTIES- The Heritage Area shall consist of all, or portions of, as specified by the boundary description in paragraph (2), Alcorn, Attala, Benton, Calhoun, Carroll, Chickasaw, Choctaw, Clay, DeSoto, Grenada, Holmes, Itawamba, Lafayette, Lee, Lowndes, Marshall, Monroe, Montgomery, Noxubee, Oktibbeha, Panola, Pontotoc, Prentiss, Tate, Tippah, Tishomingo, Union, Webster, Winston, and Yalobusha Counties in the State. CommentsClose CommentsPermalink





(2) BOUNDARY DESCRIPTION- The Heritage Area shall have the following boundary description: CommentsClose CommentsPermalink





(A) traveling counterclockwise, the Heritage Area shall be bounded to the west by U.S. Highway 51 from the Tennessee State line until it intersects Interstate 55 (at Geeslin Corner approximately 1/2 mile due north of Highway Interchange 208); CommentsClose CommentsPermalink





(B) from this point, Interstate 55 shall be the western boundary until it intersects with Mississippi Highway 12 at Highway Interchange 156, the intersection of which shall be the southwest terminus of the Heritage Area; CommentsClose CommentsPermalink





(C) from the southwest terminus, the boundary shall-- CommentsClose CommentsPermalink





(i) extend east along Mississippi Highway 12 until it intersects U.S. Highway 51; CommentsClose CommentsPermalink





(ii) follow Highway 51 south until it is intersected again by Highway 12; CommentsClose CommentsPermalink





(iii) extend along Highway 12 into downtown Kosciusko where it intersects Mississippi Highway 35; CommentsClose CommentsPermalink





(iv) follow Highway 35 south until it is intersected by Mississippi Highway 14; and CommentsClose CommentsPermalink





(v) extend along Highway 14 until it reaches the Alabama State line, the intersection of which shall be the southeast terminus of the Heritage Area; CommentsClose CommentsPermalink





(D) from the southeast terminus, the boundary of the Heritage Area shall follow the Mississippi-Alabama State line until it reaches the Mississippi-Tennessee State line, the intersection of which shall be the northeast terminus of the Heritage Area; and CommentsClose CommentsPermalink





(E) the boundary shall extend due west until it reaches U.S. Highway 51, the intersection of which shall be the northwest terminus of the Heritage Area. CommentsClose CommentsPermalink





SEC. 5. DESIGNATION OF ALLIANCE AS MANAGEMENT ENTITY.(a) In General- The Alliance shall be the coordinating entity for the Heritage Area.(b) Federal Funding(c) Local Coordinating Entity- CommentsClose CommentsPermalink





(1) AUTHORIZATION TO RECEIVE FUNDS- The Alliance may receive amounts made available to carry out this Act.(2) DISQUALIFICATION- If a management plan isIN GENERAL- The local coordinating entity for the Heritage Area shall be the Mississippi Hills Heritage Area Alliance, a nonprofit organization registered by the State, with the cooperation and support of the University of Mississippi. CommentsClose CommentsPermalink





(2) BOARD OF DIRECTORS- CommentsClose CommentsPermalink





(A) IN GENERAL- The local coordinating entity shall be governed by a Board of Directors comprised of not submitted to the Secretary as required undermore than 30 members. CommentsClose CommentsPermalink





(B) COMPOSITION- Members of the Board of Directors shall consist of-- CommentsClose CommentsPermalink





(i) not more than 1 representative from each of the counties described in subsection (a) of section 7 within the time period specified inb)(1); and CommentsClose CommentsPermalink





(ii) any ex-officio members that subsection, the Alliance may not receive Federal funding under this Act until a management plan is submitted to the Secretary.(c) Use of Federal Funds- The Alliance may, for the purposes of developing and implementing the management plan, use Federal funds made available under this Act--(1) to make grants and loans to the State, political subdivisions of the State, nonprofit organizations, and other persons;(2) to enter into cooperative agreements with, or provide technical assistance to, the State, political subdivisions of the State, nonprofit organizations, and other organizations;(3) to hire and compensate staff;(4) 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(5) to contract for goods and services.(d) Prohibition of Acquisition of Real Property- The Alliance may not use Federal funds received under this Act to acquire real property or any interest in real propertmay be appointed by the Board of Directors, as the Board of Directors determines to be necessary. CommentsClose CommentsPermalink

SEC. 6. AUTHORITIES AND4. DUTIES AND AUTHORITIES OF ALLIANCELOCAL COORDINATING ENTITY.

(a) AuthoritiesDuties of the Local Coordinating Entity- To develop and implement the management plan and otherwise carry out this Act, the Alliance may make grants to and provide technical assistance to tribal and local governments and other public and private entities.(b) Duties- In carrying out this Act, the Alliancefurther the purposes of the Heritage Area, the local coordinating entity shall-- CommentsClose CommentsPermalink





(1) implement the management planprepare, and submit to the Secretary, in accordance with section 5, a management plan for the Heritage Area; CommentsClose CommentsPermalink





(2) assist local and tribal governments and non-profit organizations tounits of local government, regional planning organizations, and nonprofit organizations in implementing the approved management plan by-- CommentsClose CommentsPermalink





(A) establish and maintaining and maintaining interpretive exhibits and programs within the Heritage Area; CommentsClose CommentsPermalink





(B) developing recreational resourcopportunities in the Heritage Area; CommentsClose CommentsPermalink





(C) increaseing public awareness of, and appreciation for, the culnatural, historical, archaeological, naturcultural, archaeological, and recreational resources of the Heritage Area; CommentsClose CommentsPermalink





(D) restoreing historic resourcessites and buildings in the Heritage Area that relate toare consistent with the themes of the Heritage Area; and CommentsClose CommentsPermalink





(E) carrying out any other activity that the Alliancelocal coordinating entity determines to be appropriate to carry out this Act, consistent with the management plan;(3) on at least an annual basis,consistent with this Act; CommentsClose CommentsPermalink





(3) conduct public meetings relating to theopen to the public at least annually regarding the development and implementation of the management plan; CommentsClose CommentsPermalink





(4) for anysubmit an annual report to the Secretary for each fiscal year for which Federal funds are made available under section 10--(A) submit to the Secretary a report that describes, forthe local coordinating entity receives Federal funds under this Act specifying-- CommentsClose CommentsPermalink





(A) the accomplishments of the local coordinating entity; CommentsClose CommentsPermalink





(B) the expenses and income of the local coordinating entity; CommentsClose CommentsPermalink





(C) the amounts and sources of matching funds; CommentsClose CommentsPermalink





(D) the amounts leveraged with Federal funds and sources of the leveraged funds; and CommentsClose CommentsPermalink





(E) grants made to any other entities during the fiscal year, actions of the Alliance in carrying out this Act;(B; CommentsClose CommentsPermalink





(5) make available to the Secretary for auditfor audit for each fiscal year for which the local coordinating entity receives Federal funds under this Act, all records relating to the expenditure ofinformation pertaining to the expenditure of the funds and any matching funds; CommentsClose CommentsPermalink





and(C) require, for each agreement authorizing the expenditure of Federal funds by any entity(6) require in all agreements authorizing expenditures of Federal funds by other organizations, that the receiving entityorganizations make available to the Secretary for audit all records relatand other information pertaining to the expenditure of the funds; and CommentsClose CommentsPermalink





(57) ensure that each county included in the Heritage Area is appropriately represented on any oversight advisory committee established pursuant tounder this Act to coordinate the Heritage Area. CommentsClose CommentsPermalink





SEC. 7 (b) Authorities- The local coordinating entity may, subject to the prior approval of the Secretary, for the purposes of preparing and implementing the management plan, use Federal funds made available under this Act to-- CommentsClose CommentsPermalink





(1) make grants and loans to the State, political subdivisions of the State, nonprofit organizations, and other persons; CommentsClose CommentsPermalink





(2) enter into cooperative agreements with, or provide technical assistance to, the State, political subdivisions of the State, nonprofit organizations, and other organizations; CommentsClose CommentsPermalink





(3) hire and compensate staff; CommentsClose CommentsPermalink





(4) obtain funds or services from any source, including funds and services provided under any other Federal law or program; and CommentsClose CommentsPermalink





(5) contract for goods or services. CommentsClose CommentsPermalink





(c) Prohibition on Acquisition of Real Property- The local coordinating entity may not use Federal funds received under this Act to acquire any interest in real property. CommentsClose CommentsPermalink

SEC. 5. MANAGEMENT OF HERITAGE AREAPLAN.

(a) In General- Not later than 3 years after the date of enactment of this Act, the Alliance shall develop and submit to the Secretary an which funds are made available to develop the management plan, the local coordinating entity shall submit to the Secretary for approval a proposed management plan for the Heritage Area. CommentsClose CommentsPermalink





(b) Contents- The management planRequirements- The management plan for the Heritage Area shall-- CommentsClose CommentsPermalink





(1) provide recommendations for the preservation, conservation, enhancement, funding, management, interpretation, development, and promotion of the cultural, historical, archaeological, natural, and recreational resources of the Heritage Area; CommentsClose CommentsPermalink





(2) identifyspecify existing and potential sources of funding foror economic development strategies to protect, enhance, interpret, fund, manage, and develop the Heritage Area; CommentsClose CommentsPermalink





(3) include-- CommentsClose CommentsPermalink





(A) an inventory of the culnatural, historical, archaeological, naturcultural, archaeological, and recreational resources of the Heritage Area; and CommentsClose CommentsPermalink





(B) an analysis of how Federal, State, tribal, and local programs may best be coordinated to promote and carry out this Act; CommentsClose CommentsPermalink





(4) provide recommendations for educational and interpretive programs to inform the public aboutprovide information to the public on the resources of the Heritage Area; and CommentsClose CommentsPermalink





(5) involve residents of affected communities and tribal and local governments. CommentsClose CommentsPermalink





(c) Approval or DisaTermination of Funding- If the management plan is not submitted to the Secretary in accordance with this subsection, the local coordinating entity shall not qualify for additional financial assistance under this Act until the management plan is submitted to, and approved by, the Secretary. CommentsClose CommentsPermalink





(d) Approval of Management Plan- CommentsClose CommentsPermalink





(1) IN GENERALREVIEW- Not later than 9180 days after the date of receipt of the managementn which the Secretary receives the management plan, the Secretary shall approve or disapprove the management plan. CommentsClose CommentsPermalink





(2) DISAPPROVAL AND REVISIONSCONSULTATION REQUIRED- The Secretary shall consult with the Governor of the State and any tribal government in which the Heritage Area is located before approving the management plan. CommentsClose CommentsPermalink





(3) CRITERIA FOR APPROVAL- In determining whether to approve the management plan, the Secretary shall consider whether-- CommentsClose CommentsPermalink





(A) the local coordinating entity represents the diverse interests of the Heritage Area, including governments, natural and historical resource protection organizations, educational institutions, businesses, community residents, and recreational organizations; CommentsClose CommentsPermalink





(B) the local coordinating entity has afforded adequate opportunity for public and governmental involvement (including through workshops and public meetings) in the preparation of the management plan; CommentsClose CommentsPermalink





(C) the resource protection and interpretation strategies described in the management plan, if implemented, would adequately protect the natural, historical, cultural, archaeological, and recreational resources of the Heritage Area; CommentsClose CommentsPermalink





(D) the management plan would not adversely affect any activities authorized on Federal or tribal land under applicable laws or land use plans; CommentsClose CommentsPermalink





(E) the Secretary has received adequate assurances from the appropriate State, tribal, and local officials whose support is needed to ensure the effective implementation of the State, tribal, and local aspects of the management plan; and CommentsClose CommentsPermalink





(F) the local coordinating entity has demonstrated the financial capability, in partnership with others, to carry out the management plan. CommentsClose CommentsPermalink





(4) ACTION FOLLOWING DISAPPROVAL- CommentsClose CommentsPermalink





(A) IN GENERAL- If the Secretary disapproves the management plan, the Secretary shall--(A) advise the Alliance-- CommentsClose CommentsPermalink





(i) shall advise the local coordinating entity in writing of the reasons for disapproval;(B)the disapproval; and CommentsClose CommentsPermalink





(ii) may make recommendations for revision of the management plan; and(C) allow the Alliance to submit to the Secretaryto the local coordinating entity for revisions to the management plan. CommentsClose CommentsPermalink





(d) RevisionB) DEADLINE- Not later than 180 days after receiving a revised management plan, the Secretary shall approve or disapprove the revised management plan. CommentsClose CommentsPermalink





(5) REVIEW; AMENDMENTS- CommentsClose CommentsPermalink





(A) IN GENERAL- After approval by the Secretary of the management plan, the Alliance shall periodically-- CommentsClose CommentsPermalink





(1i) review the management plan; and CommentsClose CommentsPermalink





(2ii) submit to the Secretary, for review and approval by the Secretary, any recommendations for revisions to the management plan. CommentsClose CommentsPermalink





(B) IN GENERAL- An amendment to the management plan that substantially alters the purposes of the Heritage Area shall be reviewed by the Secretary and approved or disapproved in the same manner as the original management plan. CommentsClose CommentsPermalink





(C) IMPLEMENTATION- The local coordinating entity shall not use Federal funds authorized to be appropriated by this Act to implement an amendment to the management plan until the Secretary approves the amendment. CommentsClose CommentsPermalink

SEC. 86. DUTIES AND AUTHORITIES OF THE SECRETARY.

SEC. 7. RELATIONSHIP TO OTHER FEDERAL AGENCIES.

(a) In General- Subject to the availability of appropriations, the Secretary mayNothing in this Act affects the authority of a Federal agency to provide technical assistance and grants to the Alliance to pay the Federal share of the cost of developing and implementing the management planor financial assistance under any other law. CommentsClose CommentsPermalink





(b) Prohibition of Certain Requirements- The SecretaryConsultation and Coordination- To the maximum extent practicable, the head of any Federal agency planning to conduct activities that may not, as a condition of the award of technical assistance or grants under this section, require any recipient of the technical assistance or a grant to enact or modify anyhave an impact on the Heritage Area is encouraged to consult and coordinate the activities with the Secretary and the local coordinating entity. CommentsClose CommentsPermalink





(c) Other Federal Agencies- Nothing in this Act-- CommentsClose CommentsPermalink





(1) modifies, alters, or amends any laws (including regulations) authorizing a Federal agency to manage Federal land under the jurisdiction of the Federal agency; CommentsClose CommentsPermalink





(2) limits the discretion of a Federal land use restrictionmanager to implement an approved land use plan within the boundaries of the Heritage Area; or CommentsClose CommentsPermalink





(3) modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal agency. CommentsClose CommentsPermalink

SEC. 9. EFFECT OF A8. EFFECT.

(a) No Effect on Land Use Authority- Nothing in this Act modifies, enlarges, or diminishes the authority of any State, tribal, or local government to regulate any use of land under any other law (including regulations).(b) Local Authority and Private Property Not Affected- Nothing in this Act affects or authorizes the Alliance to interfere with--(1) the right of any person with respect toOwners and Regulatory Protections- Nothing in this Act-- CommentsClose CommentsPermalink





(1) abridges 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; CommentsClose CommentsPermalink





(2) requires any property owner to-- CommentsClose CommentsPermalink





(A) permit public access (including Federal, tribal, State, or local government access) to the property; or CommentsClose CommentsPermalink





(2) any local zoning ordinance orB) modify any provisions of Federal, tribal, State, or local law with regard to public access or use of private land; CommentsClose CommentsPermalink





(3) alters any duly adopted land use plan of the State or a political subdivision of the State.(cregulations, approved land use plan, or any other regulatory authority of any Federal, State, or local agency, or tribal government; CommentsClose CommentsPermalink





(4) conveys any land use or other regulatory authority to the local coordinating entity; CommentsClose CommentsPermalink





(5) authorizes or implies the reservation or appropriation of water or water rights; CommentsClose CommentsPermalink





(6) diminishes the authority of the State to manage fish and wildlife, including the regulation of fishing and hunting within the Heritage Area; or CommentsClose CommentsPermalink





(7) creates 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. CommentsClose CommentsPermalink





(b) No Effect on Indian Tribes- Nothing in this Act-- CommentsClose CommentsPermalink





(1) restricts an Indian tribe from protecting cultural or religious sites on tribal land; or CommentsClose CommentsPermalink





(2) diminishes the trust responsibilities or government-to-government obligations of the United States to any Indian tribe recognized by the Federal Government. CommentsClose CommentsPermalink

SEC. 109. 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 made available for any fiscal year. CommentsClose CommentsPermalink





(b) Federal ShareAvailability- Amounts made available under subsection (a) shall remain available until expended. CommentsClose CommentsPermalink





(c) Cost-Sharing Requirement- CommentsClose CommentsPermalink





(1) IN GENERAL- The Federal share of the total cost of any activity carried out using funds made available under this Act shallunder this Act shall be not exceedmore than 50 percent. CommentsClose CommentsPermalink





(2) FORM- The non-Federal contribution-- CommentsClose CommentsPermalink





(A) shall be from non-Federal sources; and CommentsClose CommentsPermalink





(B) may be in the form of in-kind contributions of goods or services fairly valued. CommentsClose CommentsPermalink