67th Legislature                                                                                                  HB 554.1
  1                                                     HOUSE BILL NO. 554
  2                                               INTRODUCED BY J. KASSMIER
  3
  4     A BILL FOR AN ACT ENTITLED: βAN ACT REQUIRING LEGISLATIVE APPROVAL OF NATIONAL
  5     HERITAGE AREAS AND NATIONAL HISTORIC TRAILS IN MONTANA.β
  6
  7                WHEREAS, National Heritage Areas and National Historic Trails are designated by the United States
  8     Congress as places where natural, cultural, and historic resources form a nationally important landscape; and
  9                WHEREAS, the proposed boundaries for areas and trail designations can include federal, state, and
 10     private property; and
 11                WHEREAS, the State of Montana and private property owners have no ability to remove their property
 12     from this designation; and
 13                WHEREAS, a National Heritage Area or National Historic Trail designation is a federal legislative
 14     process with no application or nomination process, and designations should instead be made through
 15     grassroots, community-driven efforts; and
 16                WHEREAS, there is significant opposition to including private property in a National Heritage Area, as it
 17     will be managed or controlled by a private, unelected, unaccountable entity and will interfere with state and
 18     private property rights; and
 19                WHEREAS, National Heritage Areas are administered by the National Park Service, and National
 20     Historic Trails are administered by the National Park Service, the United States Department of Agriculture
 21     Forest Service, and the Bureau of Land Management, depending on the trail; and
 22                WHEREAS, national designations can accept and administer money paid by the United States
 23     Secretary of the Interior; and
 24                WHEREAS, financial assistance components, legal agreements, accountability measures, and
 25     performance requirements for National Heritage Areas and National Historic Trails can create undue burdens
 26     for state and private property under federal oversight.
 27
 28     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
                                                                  -1-                    Authorized Print Version β HB 554
67th Legislature                                                                                                  HB 554.1
  1
  2                NEW SECTION. Section 1.       Legislative approval of national designations. Any designation by the
  3     United States national park service of a national heritage area or national historic trail, pursuant to 54 U.S.C.
  4     300101 et seq., that extends beyond federal land requires the approval of the legislature.
  5
  6                NEW SECTION. Section 2.       Codification instruction. [Section 1] is intended to be codified as an
  7     integral part of Title 22, chapter 3, and the provisions of Title 22, chapter 3, apply to [section 1].
  8                                                             - END -
                                                                  -2-                      Authorized Print Version β HB 554