67th Legislature HB 554.1
1 HOUSE BILL NO. 554
2 INTRODUCED BY J. KASSMIER
3
4 A BILL FOR AN ACT ENTITLED: β€œAN ACT REQUIRING LEGISLATIVE APPROVAL OF NATIONAL
5 HERITAGE AREAS AND NATIONAL HISTORIC TRAILS IN MONTANA.”
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 – 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 – HB 554