[House Report 109-534] [From the U.S. Government Publishing Office] 109th Congress Report HOUSE OF REPRESENTATIVES 2d Session 109-534 ====================================================================== BLEEDING KANSAS NATIONAL HERITAGE AREA ACT _______ June 28, 2006.--Committed to the Committee of the Whole House on the State of the Union and ordered to be printed _______ Mr. Pombo, from the Committee on Resources, submitted the following R E P O R T [To accompany H.R. 413] [Including cost estimate of the Congressional Budget Office] The Committee on Resources, to whom was referred the bill (H.R. 413) to establish the Bleeding Kansas and the Enduring Struggle for Freedom National Heritage Area, 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: SEC. 1. SHORT TITLE. This Act may be cited as the ``Bleeding Kansas National Heritage Area Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) The Bleeding Kansas National Heritage Area is a cohesive assemblage of natural, historic, cultural, and recreational resources that-- (A) together represent distinctive aspects of American heritage worthy of recognition, conservation, interpretation, and continuing use; (B) are best managed through partnerships between private and public entities; and (C) will build upon the Kansas rural development policy and the new homestead act to recognize inherent strengths of small towns and rural communities--close- knit communities, strong local business networks, and a tradition of entrepreneurial creativity. (2) The Bleeding Kansas National Heritage Area reflects traditions, customs, beliefs, folk life, or some combination thereof, that are a valuable part of the heritage of the United States. (3) The Bleeding Kansas National Heritage Area provides outstanding opportunities to conserve natural, cultural, or historic features, or some combination thereof. (4) The Bleeding Kansas National Heritage Area provides outstanding recreational and interpretive opportunities. (5) The Bleeding Kansas National Heritage Area has an identifiable theme, and resources important to the theme retain integrity capable of supporting interpretation. (6) Residents, nonprofit organizations, other private entities, and units of local government throughout the Bleeding Kansas National Heritage Area demonstrate support for designation of the Bleeding Kansas National Heritage Area as a national heritage area and for management of the Bleeding Kansas National Heritage Area as appropriate for such designation. (7) Capturing these interconnected stories through partnerships with National Park Service sites, Kansas State Historical Society sites, local organizations, and citizens will augment the story opportunities within the prospective boundary for the educational and recreational benefit of this and future generations of Americans. (8) Communities throughout this region know the value of their Bleeding Kansas legacy, but require expansion of the existing cooperative framework to achieve key preservation, education, and other significant goals by working more closely together. (9) The State of Kansas officially recognized the national significance of the Bleeding Kansas story when it designated the heritage area development as a significant strategic goal within the statewide economic development plan. (10) Territorial Kansas Heritage Alliance is a nonprofit corporation created for the purposes of preserving, interpreting, developing, promoting and, making available to the public the story and resources related to the story of Bleeding Kansas and the Enduring Struggle for Freedom. (11) Territorial Kansas Heritage Alliance has completed a study that-- (A) describes in detail the role, operation, financing, and functions of Territorial Kansas Heritage Alliance, the local coordinating entity; and (B) provides adequate assurances that Territorial Kansas Heritage Alliance, the local coordinating entity, is likely to have the financial resources necessary to implement the management plan for the Heritage Area, including resources to meet matching requirement for grants. (12) There are at least 7 National Historic Landmarks, 32 National Register properties, 3 Kansas Register properties, and 7 properties listed on the National Underground Railroad Network to Freedom that contribute to the Heritage Area as well as other significant properties that have not been designated at this time. (13) There is an interest in interpreting all sides of the Bleeding Kansas story that requires further work with several counties in Missouri interested in joining the area. (14) In 2004, the State of Kansas commemorated the Sesquicentennial of the signing of the Kansas-Nebraska Act, opening the territory to settlement. (b) Purposes.--The purposes of this Act are as follows: (1) To designate a region in eastern Kansas and western Missouri containing nationally important natural, historic, and cultural resources and recreational and educational opportunities that are geographically assembled and thematically related as areas that provide unique frameworks for understanding the great and diverse character of the United States and the development of communities and their surroundings as the Bleeding Kansas National Heritage Area. (2) To strengthen, complement, and support the Fort Scott, Brown v. Board of Education, Nicodemus and Tallgrass Prairie sites through the interpretation and conservation of the associated living landscapes outside of the boundaries of these units of the National Park System. (3) To describe the extent of Federal responsibilities and duties in regard to the Heritage Area. (4) To further collaboration and partnerships among Federal, State, and local governments, nonprofit organizations, and the private sector, or combinations thereof, to conserve and manage the resources and opportunities in the Heritage Area through grants, technical assistance, training and other means. (5) To authorize Federal financial and technical assistance to the local coordinating entity to assist in the conservation and interpretation of the Heritage Area. (6) To empower communities and organizations in Kansas to preserve the special historic identity of Bleeding Kansas and with it the identity of the Nation. (7) To provide for the management, preservation, protection, and interpretation of the natural, historical, and cultural resources within the region for the educational and inspirational benefit of current and future generations. (8) To provide greater community capacity through inter-local cooperation. (9) To provide a vehicle, particularly in the four counties with high out-migration of population, to recognize that self- reliance and resilience will be the keys to their economic future. (10) To build upon the Kansas rural development policy, the Kansas agritourism initiative and the new homestead act to recognize inherent strengths of small towns and rural communities--close-knit communities, strong local business networks, and a tradition of entrepreneurial creativity. (11) To educate and cultivate among its citizens, particularly its youth, the stories and cultural resources of the region's legacy that-- (A) reflect the popular phrase ``Bleeding Kansas'' describing the conflict over slavery that became nationally prominent in Kansas just before and during the American Civil War; (B) reflect the commitment of American settlers who first fought and killed to uphold their different and irreconcilable principles of freedom and equality during the years of the Kansas Conflict; (C) reflect the struggle for freedom, experienced during the ``Bleeding Kansas'' era, that continues to be a vital and pressing issue associated with the real problem of democratic nation building; and (D) recreate the physical environment revealing its impact on agriculture, transportation, trade and business, and social and cultural patterns in urban and rural settings. (12) To interpret the effect of the era's democratic ethos on the development of America's distinctive political culture. SEC. 3. DEFINITIONS. In this Act: (1) Heritage area.--The term ``Heritage Area'' means the Bleeding Kansas and the Enduring Struggle for Freedom National Heritage Area in eastern Kansas and western Missouri. (2) Local coordinating entity.--The term ``local coordinating entity'' means Territorial Kansas Heritage Alliance, recognized by the Secretary, in consultation with the Governors of the States, that agrees to perform the duties of a local coordinating entity under this Act. (3) Management plan.--The term ``management plan'' means the management plan for the Heritage Area developed under section 4(e). (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (5) State.--The term ``State'' means each of the States of Kansas and Missouri. (6) Unit of local government.--The term ``unit of local government'' means the government of a State, a political subdivision of a State, or an Indian tribe. SEC. 4. BLEEDING KANSAS AND THE ENDURING STRUGGLE FOR FREEDOM NATIONAL HERITAGE AREA. (a) Establishment.--There is established in the States the Bleeding Kansas and the Enduring Struggle for Freedom National Heritage Area. (b) Boundaries.--The Heritage Area may include the following: (1) An area located in eastern Kansas and western Missouri, consisting of-- (A) Allen, Anderson, Atchison, Bourbon, Chantauqua, Cherokee, Clay, Coffey, Crawford, Douglas, Franklin, Geary, Jackson, Johnson, Labette, Leavenworth, Linn, Miami, Neosho, Pottawatomie, Riley, Shawnee, Wabaunsee, Wilson, Woodson, Wyandotte Counties in Kansas; and (B) Buchanan, Platte, Clay, Ray, Lafayette, Jackson, Cass, Johnson, Bates, Vernon, Barton, and Jasper Counties in Missouri. (2) Contributing sites, buildings, and districts within the area that are recommended by the management plan. (c) Map.--The final boundary of the Heritage Area within the counties identified in subsection (b)(1) shall be specified in the management plan. A map of the Heritage Area shall be included in the management plan. The map shall be on file in the appropriate offices of the National Park Service, Department of the Interior. (d) Local Coordinating Entity.-- (1) In general.--The local coordinating entity for the Heritage Area shall be Territorial Kansas Heritage Alliance, a nonprofit organization established in the State of Kansas, recognized by the Secretary, in consultation with the Governors of the States, that agrees to perform the duties of the local coordinating entity under this Act. (2) Authorities.--For purposes of developing and implementing the management plan, the local coordinating entity may-- (A) make grants to, and enter into cooperative agreements with, the States, political subdivisions of the States, and private organizations; (B) hire and compensate staff; and (C) enter into contracts for goods and services. (e) Management Plan.-- (1) In general.--Not later than 3 years after the date on which funds are made available to carry out this Act, the local coordinating entity shall develop and submit to the Secretary a management plan reviewed by participating units of local government within the boundaries of the proposed Heritage Area. (2) Contents.--The management plan shall-- (A) present a comprehensive program for the conservation, interpretation, funding, management, and development of the Heritage Area, in a manner consistent with the existing local, State, and Federal land use laws and compatible economic viability of the Heritage Area; (B) establish criteria or standards to measure what is selected for conservation, interpretation, funding, management, and development; (C) involve residents, public agencies, and private organizations working in the Heritage Area; (D) specify and coordinate, as of the date of the management plan, existing and potential sources of technical and financial assistance under this and other Federal laws to protect, manage, and develop the Heritage Area; and (E) include-- (I) actions to be undertaken by units of government and private organizations to protect, conserve, and interpret the resources of the Heritage Area; (ii) an inventory of the resources contained in the Heritage Area, including a list of any property in the Heritage Area that is related to the themes of the Heritage Area and that meets the establishing criteria (such as, but not exclusive to, visitor readiness) to merit preservation, restoration, management, development, or maintenance because of its natural, cultural, historical, or recreational significance; (iii) policies for resource management including the development of intergovernmental cooperative agreements, private sector agreements, or any combination thereof, to protect the historical, cultural, recreational, and natural resources of the Heritage Area in a manner consistent with supporting appropriate and compatible economic viability; (iv) a program for implementation of the management plan by the designated local coordinating entity, in cooperation with its partners and units of local government; (v) evidence that relevant State, county, and local plans applicable to the Heritage Area have been taken into consideration; (vi) an analysis of ways in which local, State, and Federal programs may best be coordinated to promote the purposes of this Act; and (vii) a business plan that-- (I) describes in detail the role, operation, financing, and functions of the local coordinating entity for each activity included in the recommendations contained in the management plan; and (II) provides, to the satisfaction of the Secretary, adequate assurances that the local coordinating entity is likely to have the financial resources necessary to implement the management plan for the Heritage Area, including resources to meet matching requirement for grants awarded under this Act. (3) Considerations.--In developing and implementing the management plan, the local coordinating entity shall consider the interests of diverse governmental, business, and nonprofit groups within the Heritage Area. (4) Disqualification from funding.--If a proposed management plan is not submitted to the Secretary within 3 years after the date on which funds are made available to carry out this Act, the local coordinating entity shall be ineligible to receive additional funding under this Act until the date on which the Secretary receives the proposed management plan. (5) Approval and disapproval of management plan.--The Secretary shall approve or disapprove the proposed management plan submitted under this Act not later than 90 days after receiving such proposed management plan. (6) Action following disapproval.--If the Secretary disapproves a proposed management plan, the Secretary shall advise the local coordinating entity in writing of the reasons for the disapproval and shall make recommendations for revisions to the proposed management plan. The Secretary shall approve or disapprove a proposed revision within 90 days after the date it is submitted. (7) Approval of amendments.--The Secretary shall review and approve substantial amendments to the management plan. Funds appropriated under this Act may not be expended to implement any changes made by such amendment until the Secretary approves the amendment. (8) Implementation.-- (A) Priorities.--The local coordinating entity shall give priority to implementing actions described in the management plan, including-- (I) assisting units of government and nonprofit organizations in preserving resources within the Heritage Area; and (ii) encouraging local governments to adopt land use policies consistent with the management of the Heritage Area and the goals of the management plan. (B) Public meetings.--The local coordinating entity shall conduct public meetings at least quarterly on the implementation of the management plan. (f) Public Notice.--The local coordinating entity shall place a notice of each of its public meetings in a newspaper of general circulation in the Heritage Area and shall make the minutes of the meeting available to the public. (g) Annual Report.--For any year in which Federal funds have been made available under this Act, the local coordinating entity shall submit to the Secretary an annual report that describes-- (1) the accomplishments of the local coordinating entity; and (2) the expenses and income of the local coordinating entity. (h) Audit.--The local coordinating entity shall-- (1) make available to the Secretary for audit all records relating to the expenditure of Federal funds and any matching funds; and (2) require, with respect to all agreements authorizing expenditure of Federal funds by other organizations, that the receiving organizations make available to the Secretary for audit all records concerning the expenditure of the Federal funds and any matching funds. (I) Use of Federal Funds.-- (1) In general.--The local coordinating entity shall not use Federal funds made available under this Act to acquire real property or an interest in real property. (2) Other sources.--Nothing in this Act precludes the local coordinating entity from using Federal funds made available under other Federal laws for any purpose for which the funds are authorized to be used. SEC. 5. TECHNICAL AND FINANCIAL ASSISTANCE; OTHER FEDERAL AGENCIES. (a) Technical and Financial Assistance.-- (1) In general.--On the request of the local coordinating entity, the Secretary may provide technical and financial assistance for the development and implementation of the management plan. (2) Priority for assistance.--In providing assistance under paragraph (1), the Secretary shall give priority to actions that assist in-- (A) conserving the significant cultural, historic, and natural resources of the Heritage Area; and (B) providing educational, interpretive, and recreational opportunities consistent with the purposes of the Heritage Area. (3) Spending for non-federal property.--The local coordinating entity may expend Federal funds made available under this Act on non-Federal property that-- (A) meets the criteria in the approved management plan; or (B) is listed or eligible for listing on the National Register of Historic Places. (4) Other assistance.--The Secretary may enter into cooperative agreements with public and private organizations to carry out this subsection. (b) Other Federal Agencies.--Any Federal entity conducting or supporting an activity that directly affects the Heritage Area shall-- (1) consider the potential effect of the activity on the purposes of the Heritage Area and the management plan; (2) consult with the local coordinating entity regarding the activity; and (3) to the maximum extent practicable, conduct or support the activity to avoid adverse effects on the Heritage Area. (c) Other Assistance not Affected.--This Act does not affect the authority of any Federal official to provide technical or financial assistance under any other law. (d) Notification of Other Federal Activities.--The head of each Federal agency shall provide to the Secretary and the local coordinating entity, to the extent practicable, advance notice of all activities that may have an impact on the Heritage Area. SEC. 6. PRIVATE PROPERTY PROTECTION. (a) Access to Private Property.--Nothing in this Act shall be construed to require any private property owner to permit public access (including Federal, State, or local government access) to such private property. Nothing in this Act shall be construed to modify any provision of Federal, State, or local law with regard to public access to or use of private lands. (b) Liability.--Designation of the Heritage Area shall not be considered to create any liability, or to have any effect on any liability under any other law, of any private property owner with respect to any persons injured on such private property. (c) Recognition of Authority to Control Land Use.--Nothing in this Act shall be construed to modify any authority of Federal, State, or local governments to regulate land use. (d) Participation of Private Property Owners in Heritage Areas.-- Nothing in this Act shall be construed to require the owner of any private property located within the boundaries of the Heritage Area to participate in or be associated with the Heritage Area. (e) Land Use Regulation.-- (1) In general.--The local coordinating entity shall provide assistance and encouragement to State and local governments, private organizations, and persons to protect and promote the resources and values of the Heritage Area. (2) Effect.--Nothing in this Act-- (A) affects the authority of the State or local governments to regulate under law any use of land; or (B) grants any power of zoning or land use to the local coordinating entity. (f) Private Property.-- (1) In general.--The local coordinating entity shall be an advocate for land management practices consistent with the purposes of the Heritage Area. (2) Effect.--Nothing in this Act-- (A) abridges the rights of any person with regard to private property; (B) affects the authority of the State or local government regarding private property; or (C) imposes any additional burden on any property owner. (g) Requirements for Inclusion of Private Property.-- (1) Notification and consent of property owners required.--No privately owned property shall be preserved, conserved, or promoted by the management plan for the Heritage Area until the owner of that private property has been notified in writing by the management entity and has given written consent for such preservation, conservation, or promotion to the management entity. (2) Landowner withdrawal.--Any owner of private property included within the boundary of the Heritage Area shall have their property immediately removed from the boundary by submitting a written request to the management entity SEC. 7. SAVINGS PROVISIONS. (a) Rules, Regulations, Standards, and Permit Processes.--Nothing in this Act shall be construed to impose any environmental, occupational, safety, or other rule, regulation, standard, or permit process in the Heritage Area that is different from those that would be applicable if the Heritage Area had not been established. (b) Water and Water Rights.--Nothing in this Act shall be construed to authorize or imply the reservation or appropriation of water or water rights. (c) No Diminishment of State Authority.--Nothing in this Act shall be construed to diminish the authority of the State to manage fish and wildlife, including the regulation of fishing and hunting within the Heritage Area. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated to carry out this Act $10,000,000, to remain available until expended, of which not more than $1,000,000 may be authorized to be appropriated for any fiscal year. (b) Cost-Sharing Requirement.--The Federal share of the total cost of any activity assisted under this Act shall be not more than 50 percent. SEC. 9. 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. 413 is to establish the Bleeding Kansas and the Enduring Struggle for Freedom National Heritage Area. BACKGROUND AND NEED FOR LEGISLATION From 1854 through 1961, Kansas Territory was known as ``Bleeding Kansas.'' The decision to enter the Union as a free or slave state was left to the voters of the area. That led to seven years of sporadic warfare between proponents of both sides. The battles in ``Bleeding Kansas'' during this period served as the military precursor to the Civil War and the end of slavery. The area for the Bleeding Kansas Heritage Area would be located in eastern Kansas and western Missouri. The Territorial Kansas Heritage Alliance will be designated as the managing entity of the heritage area. The Alliance will be required to prepare and submit a management plan that contains a comprehensive program for the conservation, interpretation, funding, management, and development of the proposed heritage area. The Secretary of the Interior is authorized to provide technical and financial assistance to develop the plan and will be responsible for either approving or disapproving of the final plan. COMMITTEE ACTION H.R. 413 was introduced on January 26, 2005, by Congressman Jim Ryun (establish the Bleeding Kansas and the Enduring Struggle for Freedom National Heritage Area. R-KS). The bill was referred to the Committee on Resources, and within the Committee to the Subcommittee on National Parks. On November 10, 2005, the Subcommittee on National Parks held a hearing on H.R. 413. On March 29, 2006, the Committee on Resources met to consider the bill. By unanimous consent, the Subcommittee on National Parks was discharged from further consideration of the bill. An amendment in the nature of a substitute was offered by Chairman Richard Pombo (R-CA). The amendment clarified the inclusion, in the heritage area, of 12 counties in western Missouri. The amendment was adopted by unanimous consent. 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 Resources' oversight findings and recommendations are reflected in the body of this report. CONSTITUTIONAL AUTHORITY STATEMENT Article I, section 8 of the Constitution of the United States grants Congress the authority to enact this bill. COMPLIANCE WITH HOUSE RULE XIII 1. Cost of Legislation. Clause 3(d)(2) 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)(3)(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. 2. 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. 3. General Performance Goals and Objectives. As required by clause 3(c)(4) of rule XIII of the Rules of the House of Representatives, the general performance goal of this bill is to establish the Bleeding Kansas and the Enduring Struggle for Freedom National Heritage Area. 4. Congressional Budget Office Cost Estimate. 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. 413--Bleeding Kansas National Heritage Area Act H.R. 413 would establish the Bleeding Kansas and the Enduring Struggle for Freedom National Heritage Area (NHA) in eastern Kansas and western Missouri. The bill would designate the Territorial Kansas Heritage Alliance as the local coordinating entity for the proposed NHA. The alliance would be responsible for developing and implementing a management plan for the protection, development, and management of cultural and other resources of the area. Finally, the legislation would authorize the appropriation of $10 million, not to exceed $1 million annually, for financial assistance to the Alliance over the next 15 years. Assuming appropriation of the authorized amounts, CBO estimates that implementing H.R. 413 would cost $10 million over the next 10 to 15 years. Such amounts would be used to cover a portion of the costs of planning, establishing, operating, and interpreting the heritage area. Enacting H.R. 413 would have no effect on revenues or direct spending. H.R. 413 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would impose no costs on state, local, or tribal governments. The CBO staff contact for this estimate is Deborah Reis. The estimate was approved by Peter H. Fontaine, Deputy Assistant Director for Budget Analysis. COMPLIANCE WITH PUBLIC LAW 104-4 This bill contains no unfunded mandates. 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.