Text: H.R.646 — 110th Congress (2007-2008)All Information (Except Text)

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Introduced in House (01/23/2007)


110th CONGRESS
1st Session
H. R. 646


To establish the Kentucky Artisan Heritage Trails National Heritage Area Act in the Commonwealth of Kentucky, and for other purposes.


IN THE HOUSE OF REPRESENTATIVES

January 23, 2007

Mr. Rogers of Kentucky (for himself, Mr. Davis of Kentucky, Mr. Lewis of Kentucky, Mr. Whitfield, Mr. Chandler, and Mr. Yarmuth) introduced the following bill; which was referred to the Committee on Natural Resources


A BILL

To establish the Kentucky Artisan Heritage Trails National Heritage Area Act in the Commonwealth of Kentucky, and for other purposes.

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

SECTION 1. Short title.

This Act may be cited as the “Kentucky Artisan Heritage Trails National Heritage Area Act”.

SEC. 2. Findings and purposes.

(a) Findings.—Congress finds that—

(1) the Kentucky Artisan Heritage Trails includes 48 counties in the Commonwealth of Kentucky. These counties include: Adair, Bath, Bell, Boyd, Breathitt, Carter, Casey, Clark, Clay, Clinton, Cumberland, Elliott, Estill, Fleming, Floyd, Garrard, Green, Harlan, Hart, Jackson, Johnson, Knott, Laurel, Lawrence, Lee, Leslie, Letcher, Lewis, Lincoln, Madison, Magoffin, Martin, McCreary, Menifee, Monroe, Montgomery, Morgan, Owsley, Perry, Pike, Powell, Pulaski, Rockcastle, Rowan, Russell, Wayne, Whitley, and Wolfe;

(2) has an assemblage of natural, historic, and cultural resources that together represent distinctive aspects of American heritage worthy of recognition, conservation, interpretation, and continuing use, and are best managed through partnerships among public and private entities and by combining diverse and sometimes noncontiguous resources and active communities;

(3) reflects traditions, customs, beliefs, and folklife that are a valuable part of the national story;

(4) provides opportunities to conserve natural, historic, cultural, or scenic features;

(5) provides outstanding recreational and educational opportunities;

(6) includes residents, business interests, nonprofit organizations, and Universities that are involved in the planning, have developed a conceptual financial plan that outlines the roles of all participants (including the Federal government), and have demonstrated support for the concept of a national heritage area;

(7) has a potential management entity to work in partnership with residents, business interests, nonprofit organizations, and Universities to develop a national heritage area consistent with continued local and State economic activity; and

(8) has a conceptual boundary map that is supported by the public.

(b) Purposes.—The purposes of this Act are as follows:

(1) To establish the Kentucky Artisan Heritage Trails National Heritage Area in the Commonwealth of Kentucky.

(2) To provide a management framework to foster a close relationship with all levels of government, the private sector, and the local communities in the Kentucky Artisan Heritage Trails region to conserve the region’s heritage while continuing to pursue compatible economic opportunities.

(3) To assist communities, organizations, and citizens in the Commonwealth of Kentucky in identifying, preserving, interpreting, and developing the historical, cultural, scenic, and natural resources of the region for the educational and inspirational benefit of current and future generations.

SEC. 3. Definition.

As used in this Act—

(1) AREA.—The term “Area” means the Kentucky Artisan Heritage Trails, which includes 17 trails encompassing 48 counties in the Commonwealth of Kentucky.

(2) ASSOCIATION.—The term “Association” means the Southern and Eastern Kentucky Tourism Development Association.

(3) SECRETARY.—The term “Secretary” means the Secretary of the Interior, acting through the Director of the National Park Service.

SEC. 4. Kentucky Artisan Heritage Trails National Heritage Area.

(a) Establishment.—There is hereby established in the Commonwealth of Kentucky, the Kentucky Artisan Heritage Trails National Heritage Area.

(b) Management entity.—Southern and Eastern Kentucky Tourism Development Association (SEKTDA) shall be the management entity for the Kentucky Artisan Heritage Trails National Heritage Area.

(c) Availability of map.—The map shall be on file and available for public inspection in the appropriate offices of the National Park Service, Department of Interior.

(d) Boundaries.—The heritage area should include 48 counties in Kentucky, including: Adair, Bath, Bell, Boyd, Breathitt, Carter, Casey, Clark, Clay, Clinton, Cumberland, Elliott, Estill, Fleming, Floyd, Garrard, Green, Harlan, Hart, Jackson, Johnson, Knott, Laurel, Lawrence, Lee, Leslie, Letcher, Lewis, Lincoln, Madison, Magoffin, Martin, McCreary, Menifee, Monroe, Montgomery, Morgan, Owsley, Perry, Pike, Powell, Pulaski, Rockcastle, Rowan, Russell, Wayne, Whitley, and Wolfe.

(e) Specific sites.—The heritage area includes the following sites:

(1) NATIONAL PARK SERVICE SITES.—

(A) Red Bird Trail begins in the Cumberland Gap National Historical Park and leads travelers 143 miles through the Daniel Boone National Forest along Pine Mountain. A museum dedicated to the recovered WWII Lost Squadron airplane “Glacier Girl” can be seen along this trail that covers Bell, Harlan, Leslie and Clay counties.

(B) Cave Country Trail is named for the numerous caves and caverns that populate 127 miles through the Mammoth Cave National Park covering Hart, Green and Monroe counties. This region includes the Kentucky Repertory Theatre, historic tours of Greensburg and Munfordsville, Kentucky, and the Old Mulkey Meeting House State Historic Park.

(C) Moonbow Trail leads travelers 126 miles through portions of the Big South Fork National River and Recreation area, and the Cumberland Falls State Resort Park. The trail includes beautiful Kentucky landscapes such as Eagle Falls, Big South Fork Scenic Railway, and historic mining communities in Pulaski, Wayne and McCreary counties.

(2) OTHER FEDERAL LANDS.—

(A) Buckhorn Trail is 100 miles in length and leads travelers through the Daniel Boone National Forest. Site of interest include a log cathedral, outdoor recreation and scenic beauty of Buckhorn Lake State Park in Owsley, Clay, Leslie, Perry and Breathitt counties.

(B) Millstone Trail leads travelers through the Daniel Boone National Forest and includes the Levi Jackson Wilderness State Park. This 108 mile trail includes Cumberland Falls and home of the original Kentucky Fried Chicken in Laurel, Knox, Whitley, Clay and Jackson counties.

(C) Red River Gorge Trail travels 141 miles through the Daniel Boone National Forest and includes the Nada Tunnel in the Red River Gorge Geological Area’s beautiful mountain region covering Montgomery, Menifee, Wolfe, Powell and Clark counties.

(D) Gateway Trail travels 105 miles through the Daniel Boone National Forest and includes the Kentucky Music Hall of Fame and Museum and the well-known music venue Renfro Valley Entertainment Center. The trail includes Madison, Rockcastle, Laurel and Jackson counties.

(E) Battlefield Trail, named for the Battle of Richmond and Civil War history, spans 93 miles through the Daniel Boone National Forest in Madison and Estill counties. Historic points of interest include Valley View Ferry, Bybee Pottery, Fitchburg Furnace and Fort Boonesborough.

(F) Tygart’s Creek Trail leads travelers through the Daniel Boone National Forest and 153 miles through the Carter Caves State Park which includes the Kentucky Folk Art Museum and Cave Run Lake covering Rowan, Morgan, Elliott, Carter, Lewis, Fleming and Bath counties.

(G) Natural Bridge Trail leads travelers 122 miles through the Red River Gorge National Geological Area and includes portions of the Daniel Boone National Forest. Sites of interest include regional restaurants and artisan shops along the Menifee, Morgan, Wolfe, Breathitt, Lee and Powell counties.

(3) OTHER PUBLIC LANDS.—

(A) Lilley’s Woods Trail offers destinations such as the Hindman Settlement School, the Kentucky Appalachian Artisan Center, restored historic mining camps and museum along the 118 mile trail through Knott, Letcher, Harlan, Leslie and Perry counties.

(B) Pine Hollows Trail is part of the Jenny Wiley State Park and includes the Mountain Arts Center encompassing 109 miles through Floyd, Knott, Letcher and Pike counties.

(C) Berea Trail, known as the Arts and Crafts Capital of Kentucky, the trails begins at the Kentucky Artisan Center at Berea in Madison County and is 22 miles in length.

(D) Fiddlehead Trail is named after the “Fiddlehead” fern, and includes an outdoor theater, Jenny Wiley Theater, Coal Miner’s Museum and Loretta Lynn’s childhood home in Butcher Holler. The trail is 118 miles and includes Morgan, Elliott, Lawrence, Johnson, Floyd, Magoffin and Wolfe counties.

(E) Frontier Trail includes 108 miles in Garrard, Lincoln, Casey, Pulaski and Rockcastle counties and points of interest are a Jail Museum and the Louisville and Nashville Depot Museum.

(F) Mountain Music Trail named for the musical heritage in the area once home to Dwight Yoakum, The Judds, Ricky Skaggs, Loretta Lynn, Crystal Gayle, Bill Ray Cyrus and others. This trail covers 118 miles in Boyd, Carter, Lawrence, Johnson and Martin counties.

(G) Cumberland Lakes Trail is part of both the Lake Cumberland State Resort Park and Dale Hollow Lake State Resort Park, encompassing 95 miles of regional restaurants and Civil War enthusiasts’ artistry in Adair, Russell, Clinton and Cumberland counties.

SEC. 5. Authority and duties of the association.

(a) Duties of the association.—To further the purposes of the Heritage Area, the association shall—

(1) not later than 3 years after the date of the enactment of this Act, the association shall develop and forward to the Secretary a management plan for the heritage area; and

(2) develop and implement the management plan in cooperation with affected communities and local governments and shall provide for public involvement in the development and implementation of the management plan.

(b) Management plan.—The management plan shall, at a minimum—

(1) provide recommendations for the conservation, funding, management, and development of the resources of the heritage area;

(2) include an inventory of the cultural, historical, natural, and recreational resources of the heritage area;

(3) develop recreational and educational opportunities in the heritage area;

(4) increase public awareness of an appreciation for natural, historical, scenic and cultural resources of the heritage area;

(5) promote a wide range of partnerships among governments, businesses, organizations and individuals in the heritage area in the preparation and implementation of the management plan;

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

(7) encourage by appropriate means economic development that is consistent with the purposes of the Heritage Area.

(c) Approval of plan.—The Secretary shall approve or disapprove the management plan not later than 60 days after the date of submission. If the Secretary disapproves of the management plan, the Secretary shall advise the association in writing of the reasons and shall make recommendations for revisions to the plan.

(d) Review of plan.—The association shall periodically review the management plan and submit to the Secretary any recommendations for proposed revisions to the management plan. Any major revisions to the management plan must be approved by the Secretary.

(e) Authority.—The association may make grants and provide technical assistance to local governments, and other public and private entities to carry out the management plan.

(f) Duties.—The association shall—

(1) give priority in implementing actions set forth in the management plan;

(2) encourage by appropriate means economic viability in the heritage area consistent with the goals of the management plan; and

(3) assist local government and non-profit organizations in—

(A) establishing and maintaining interpretive exhibits in the heritage area;

(B) developing recreational resources in the heritage area;

(C) increasing public awareness of, and appreciation for, the cultural, historical, and natural resources in the heritage area;

(D) the restoration of historic structures related to the heritage area; and

(E) carrying out other actions that the association determines appropriate to fulfill the purposes of this Act, consistent with the management plan.

(g) Prohibition of acquiring real property.—The association may not use Federal funds received under this Act to acquire real property or an interest in real property.

SEC. 6. Management plan.

(a) In general.—The management plan for the Heritage Area shall—

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

(2) include 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; and

(3) specify the existing and potential sources of funding to protect, manage, and develop the Heritage Area in the first 5 years of implementation.

SEC. 7. Duties and authorities of the secretary.

(a) Technical and financial assistance.—The Secretary may, upon the request of the association, provide technical assistance on a reimbursable or non-reimbursable basis and financial assistance to the Heritage Area to develop and implement the approved management plan. The Secretary is authorized to enter into cooperative agreements with the association and other public or private entities for this purpose. In assisting the Heritage Area, the Secretary shall give priority to actions that in general assist in—

(1) conserving the significant natural, historical, cultural and scenic resources of the Heritage Area; and

(2) providing educational, interpretive, and recreational opportunities consistent with the purposes of the Heritage Area.

(b) Approval of management plan.—

(1) IN GENERAL.—The Secretary shall approve or disapprove the management plan not later than 60 days after receiving the management plan.

(2) CRITERIA FOR APPROVAL.—In determining to approve the management plan, the Secretary shall consider whether—

(A) the association is representative of the diverse interests of the heritage area including governments, natural and historic resource protection organizations, education, business and recreation;

(B) the association has afforded adequate opportunity, including public hearings, for public and government involvement in the preparations of the management plan;

(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; and

(D) the management plan is supported by the appropriate State and local officials whose cooperation is needed to ensure the effective implementation of the State and local aspects of the management plan.

(c) Actions following disapproval.—If the Secretary disapproves the management plan, the Secretary shall advise the association in writing of the reasons and shall make recommendations for revisions to the management plan. The Secretary shall approve or disapprove a proposed revision not later than 60 days after the date it is submitted.

(d) Approval of amendments.—Substantial amendments to the management plan shall be reviewed by the Secretary and approved in the same manner as provided for the original management plan. The association shall not use Federal funds authorized by this Act to implement any amendments until the Secretary has approved the amendments.

SEC. 8. Duties of other Federal agencies.

Any Federal agency conducting or supporting activities directly affecting the Heritage Area shall—

(1) consult with the Secretary and the association with respect to such activities;

(2) cooperate with the Secretary and the association with respect to such activities; and

(3) to the maximum extent practicable, conduct or support such activities in a manner which the association determines will not have an adverse effect on the Heritage Area.

SEC. 9 Authorization of appropriations.

(a) In general.—There is authorized to be appropriated for the purposes of this Act not more than $1,000,000 for any fiscal year. Not more than a total of $10,000,000 may be appropriated for the Association under this Act.

(b) Matching funds.—Federal funding provided under this Act may not exceed 50 percent of the total cost of any assistance or grant provided or authorized under this Act.

SEC. 10 Sunset.

The authority of the Secretary to provide assistance under this Act shall terminate on the day occurring 15 years after the date of the enactment of this Act.