_____________ bill NO. _____________
By Request of the ****
A BILL FOR AN ACT
ENTITLED: "AN ACT requiring legislative
approval of national heritage areas and national historic trails in Montana."
WHEREAS, National Heritage Areas and National
Historic Trails are designated by the United States Congress as places where
natural, cultural, and historic resources form a nationally important landscape;
and
WHEREAS, the proposed boundaries for areas and
trail designations can include federal, state, and private property; and
WHEREAS, the State of Montana and private
property owners have no ability to remove their property from this designation;
and
WHEREAS, a National Heritage Area or National
Historic Trail designation is a federal legislative process with no application
or nomination process, and designations should instead be made through
grassroots, community-driven efforts; and
WHEREAS, there is significant opposition to
including private property in a National Heritage Area, as it will be managed
or controlled by a private, unelected, unaccountable entity and will interfere
with state and private property rights; and
WHEREAS, National Heritage Areas are administered
by the National Park Service, and National Historic Trails are administered by
the National Park Service, the United States Department of Agriculture Forest
Service, and the Bureau of Land Management, depending on the trail; and
WHEREAS, national designations can accept and
administer money paid by the United States Secretary of the Interior; and
WHEREAS, financial assistance components, legal
agreements, accountability measures, and performance requirements for National
Heritage Areas and National Historic Trails can create undue burdens for state
and private property under federal oversight.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE
OF MONTANA:
NEW SECTION. Section 1. Legislative
approval of national designations. Any
designation by the United States national park service of a national heritage
area or national historic trail, pursuant to 54 U.S.C. 300101 et seq., that
extends beyond federal land requires the approval of the legislature.
NEW SECTION. Section
2. Codification instruction. [Section 1]
is intended to be codified as an integral part of Title 22, chapter 3, and the
provisions of Title 22, chapter 3, apply to [section 1].
INTRODUCED
BY _________________________________________________