northern plains national heritage area

Northern Plains National Heritage Area

April 16, 2009R – C Event, Bismarck, ND

What is a National Heritage Area (NHA)?A NHA is a place designated by Congress as a place where natural, cultural, historic, and recreational resources combine to form a cohesive, nationally distinctive landscape arising from patterns of human activity shaped by geography.

North Plains National Heritage Area Feasibility Study

What are the boundaries of the Northern Plains National Heritage Area (NPNHA)?

They are:A) A core area of resources in Burleigh, McLean,

Mercer, Morton, and Oliver countiesB) Any sites, buildings, & districts within the core

area recommended by the management plan for inclusion in the NHA

HR 146 The Omnibus Land Management Act of 2009

What is the main area of the NPNHA?The north/south boundary will be the Knife River Indian Village north of Stanton along the Missouri River to the Huff Mandan Indian Village south of Mandan. This is approximately 80 miles north to south. The east/west boundary will be 5 miles on both sided of the Missouri River.

This land mass encompasses approximately 512,000 acres, or approximately 800 square miles, of mostly privately owned land.

NPNHA Feasibility Study, Tracy Potter

What is the history of the NPNHA legislation? S.1544 first introduced by Sen. Dorgan in the 109th

Congress S.2098 introduced by Sen. Dorgan and co-sponsored by

Sen. Conrad in 110th Congress H.R.6678 introduced by Rep. Pomeroy in 110th Congress as

a companion bill to S.2098 S.22 (Omnibus Land Management Bill) introduced in 111th

Congress – Passed Senate and Failed House – January, 2009 H.R.146(Revolutionary War & War of 1812 Battlefield

Preservation bill) Amended in Senate to be S.22 H.R.146 Signed by Pres. Obama March 30, 2009

Voluntary Preservation NHAs are not driven by top-down management approaches,

but are rather successful with local participation and oversight.

Any preservation activities will be strictly voluntary.

The public will be engaged throughout the process.

NPNHA Feasibility Study

Local ManagementThe NPNHA will abide by the National Park Service (NPS) mandate that it be managed by a local entity with a broad representation of the stakeholders.

The NPNHA tells Congress:“ The board of directors has an equitable distribution of membership from the communities and counties within the proposed boundaries …. ”

The NPNHA also tell Congress:“ Local governments & tribes, ranching, agriculture, energy, nature conservation, historic preservation, arts, education, tourism, & other business interests will be represented. “


Local ManagementSo who is on the board of the Northern Plains Heritage Foundation?

Tracy Potter, Executive Director – MandanKeith Ulmer, Vice President – BismarckSarah Vogel, Secretary – BismarckPaul Trauger, Treasurer – MandanWallace Joersz – MandanDr., Kermit Lindstrom – BismarckDavid Borlaug – WashburnKelvin Hullet – BismarckSigne Snortland – Bismarck

To become a board member, one must first be nominated by Tracy Potter and then approved by a majority vote of the board.


Where were the public meetings held?◦ Burleigh County Commissioners (2)◦ Morton County Commissioners (2)◦ Mercer County Commissioners◦ McLean County Commissioners◦ Oliver County Commissioners◦ Burleigh County township Officers Association◦ City of Stanton◦ City of Washburn

What groups did they present to?◦ City of Bismarck Parks and Recreation ◦ North Dakota Game and Fish◦ Kiwanis of Mandan◦ Bismarck Rotary Club◦ Mandan Rotary Club◦ Burleigh County Homemakers Association◦ Ft. Abraham Lincoln Foundation◦ Lewis & Clark Ft. Mandan Foundation◦ Knife River Indian Heritage Foundation◦ Morton County Historical Society

How much media coverage was there?

Six (6) newspaper articles over four (4) years


Goals of the NPNHA Increase recognition of unique resources

Development of a stronger sense of place

Linking of resources to improve management

New opportunities for funding and partnerships

Sustainable place-based economic development

Balanced preservation and promotion


Where will the funding come from? Congress has authorized $10 million over 15 years and

private contributions. For every $1 of federal money there has to be $1 of private money.

Money will pass through the NPS◦ The financial relationship between the NPNHA & the NPS is authorized

for no more than 15 years.

The NPNHA is to be financially self sufficient in 15 years

NPHF has 2 registered lobbyists in Washington DC


Testimony before CongressSen. Potter told Congress:

“Working not in a regulatory way, but strictly with incentives & encouragement, the NPHF could help preserve this valuable piece of our history.”

(Talking about preservation of our prehistoric ruins)

“Since the incorporation of the NPHF, discussions about creation of a NPNHA along the Missouri River have taken place in a completely transparent and inclusive way. In public hearings before city and county commissioners the meaning of such a program has been discussed and the commissioners have unanimously provided their encouragement.”

“I guarantee you, we’re in the land where the deer and buffalo roam, and there has been nary a discouraging word about the establishment of the NPNHA.”

“They (NHAs) are all carrot and no stick.”Written Testimony of Sen. Tracy Potter to Congress

What did the cities and counties have to say?

All five counties said: “Please accept our support for the completion of a feasibility study for the five county area ….”

McLean County added: “We are looking forward to the public meetings and hearing the results of the public comments.”


Testimony before CongressKatherine H. Stevenson, Acting Assistant Director, NPS, told

Congress:

“The feasibility study produced by the NPHF did not meet all of the criteria for designation as a NHA. It did not include the existence of significant levels of public involvement and support and the local commitment necessary for successful planning and implementation of a NHA.”

NPS Written Testimony to Congress

January 23, 2009 Landowner MeetingAt Jacks Steakhouse with Tracy Potter & David Borlaug

“This NHA will create a bureaucracy that will outlive me.”Tracy Potter

Main Difference between the S.1544 & H.R 146

Section 8 of the original bill has been struck from the approved bill.

Sec. 8(b) states:“Private property included within the boundary

of the NHA shall immediately be withdrawn from the NHA when the owner of the property submits a written request to the management entity.”

S.1544 Original Language

Implications to Private Property Rights“National Heritage Areas are the Kelo decision and earmarks all

rolled into one. NHAs are preservation zones where land use and private property rights can be restricted. They give the NPS and preservation interest groups substantial influence by giving them the authority to create land use management plans and the authority to disperse federal dollars to local governments to promote their plans”

National Center for Public Policy Research

Implications to Private Property Rights

“The NPS is charged with the care and preservation of an internationally recognized historic treasure and national landmark [Knife River Indian Village]…”

“Should large-scale development be permitted in closer proximity to the KRIV unit, the adverse impacts to this important historic site could be severe”

Quotes from Brian K. McCutchen, NPS Superintendent, KRIV in a letter to the Mercer County Planning and Zoning Commission


So, what has happened in other NHAs?


Wheeling National Heritage Area – West Virginia

Formed by Congress in 2000 Encompasses a good part of the City of Wheeling, W.V. Chapter 5 of the management plan suggests that there

should be the creation of a local historic district that would help implement zoning in line with the groups revitalization efforts.

The Heritage Foundation - Backgrounder Executive Summary

Implications to Private Property RightsBlackstone River Valley National Heritage Corridor – Massachusetts, Rhode

Island Formed by Congress in 1986 Covers 46 miles of Mass. And R.I. covering 24 communities and over

400,000 acres Has received new authorizations and appropriations four (4) times

The 10 year plan offered the following suggestions: Work with a Lincoln, RI quarry business to cease operation & preserve the

site Work to block a sanitary landfill proposed for Douglas State Forest The plan expressed a need for “responsible development” … using a scale

of buildings that respects the community character of the Douglas vicinity The plan calls for the town of Cumberland to build public support for

development strategies “mandating” that 50% of the land remain open space



Erie Canalway National Heritage Corridor – New YorkThe summary management plan recommends that the commission for the NHA “coordinate existing planning & economic development programs” of various towns to bring them into line with the preservation goals.

ZONINGThe Heritage Foundation - Backgrounder Executive Summary

Implications to Private Property RightsEssex National Heritage Area – Massachusetts

ENHA was designated by Congress in 1996 In 2003, placed 24 miles of state highway under Scenic

Byway designation◦ Acceptance into the program requires rigid adherence to “intrinsic

quality” standards of the roadway. ◦ Land-use planning cannot violate the federally defined intrinsic qualities

of the area’s existing natural , recreational, archeological, cultural, and scenic scopes.

◦ Federal designation may prevent a farmer from selling his land to a developer



In all of the NHA examples, the legislation did not directly impact or create regulation onto private property.

The NPS and partner groups did implement oversight efforts to control land-use planning in the designated area so that the aesthetics would not go against a “perceived historical vision”

What can we do now?

Yuma, AZ

Yuma Crossing National Heritage Area Authorized by Congress in 2000

Covered 22 square miles of the City of Yuma and Yuma County

Local zoning agencies started interpreting what it meant to “own property in and around” the boundaries of the NHA


Yuma Crossing National Heritage Area Local citizens put pressure on city and county officials

which prompted resolutions not to use the boundaries of the NHA in determining zoning issues

For their own protection, local residents urged Congress to reduce the scope of the NHA to a 4 square mile area within the levee system of the Colorado River

Achieved their goal in 2005, 3 years after starting to urge Congress to make the changes

The Heritage Foundation - Backgrounder Executive Summary & Harold Maxwell, Yuma County Farm Bureau

Omnibus Land Management Act of 2009

What was in this H.R.146?

Omnibus Land Management Act of 2009 Created 10 new NHAs (49 total) Blocks millions of acres from new oil & gas leasing, logging,

mining, & all other business activity◦ Eliminates 1.2 million acres form mineral leasing & energy development

in Wyoming alone. A loss of an estimated 331 million barrels of recoverable oil A loss of an estimated 8.8 trillion cubic feet of recoverable natural gas

Designates more than 2 million new acres as wilderness areas

Republican Study Committee, Legislative Digest,

Omnibus Land Management Act of 2009 Creates the National Land Conservation System with in the BLM

changing the classification of 27 million acres in 12 states from multiple-use land to conservation

Creates the Soda Mountain Wilderness within the boundaries of the Cascade Siskiyou National Monument – Oregon◦ 24,000 are in the Wilderness for the sole purpose of preventing grazing◦ National Monument formed in 2000 by Pres. Clinton covering 53,000 acres and

prevented mineral exploration and most logging Authorizes $5.5 - $10 billion dollars of spending over the next 5

years Estimated cost of payments to farmers in the farm bill – $6 billion

Republican Study Committee, Legislative Digest, Oregon Wild

Thank You

Questions?

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