HB468 (2007) Detail

Relative to establishing the freedom's way heritage area and commission.


CHAPTER 61

HB 468 – FINAL VERSION

06Mar2007… 0290h

04/18/07 1229s

02May2007… 1551eba

2007 SESSION

07-0704

05/10

HOUSE BILL 468

AN ACT relative to establishing the freedom’s way heritage area and commission.

SPONSORS: Rep. Bergin, Hills 6; Rep. Dokmo, Hills 6; Rep. Gargasz, Hills 5; Rep. Leishman, Hills 6; Sen. Gottesman, Dist 12; Sen. Bragdon, Dist 11

COMMITTEE: Resources, Recreation and Development

AMENDED ANALYSIS

This bill designates Amherst, Brookline, Greenville, Hollis, Mason, Milford, Merrimack, Nashua, and New Ipswich as the freedom’s way heritage area and establishes the freedom’s way heritage area commission to assist in preserving and promoting the area’s natural and cultural resources.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

06Mar2007… 0290h

04/18/07 1229s

02May2007… 1551eba

07-0704

05/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Seven

AN ACT relative to establishing the freedom’s way heritage area and commission.

Be it Enacted by the Senate and House of Representatives in General Court convened:

61:1 New Chapter; Freedom’s Way Heritage Area and Commission. Amend RSA by inserting after chapter 217-A the following new chapter:

CHAPTER 217-B

FREEDOM’S WAY HERITAGE AREA AND COMMISSION

217-B:1 Freedom’s Way Heritage Area Established. There is hereby established the freedom’s way heritage area, hereinafter referred to as the area, which shall include the cities and towns of Amherst, Brookline, Greenville, Hollis, Mason, Milford, Merrimack, Nashua, and New Ipswich. The purpose of such designation shall be to recognize the significant historic, cultural, and natural resources of the area and to preserve and interpret them for the education and inspiration of present and future generations. Nothing in this chapter shall be construed to limit the rights of private property owners or of the cities and towns in the area to develop the lands, buildings, and resources in the manner they determine appropriate. It is the purpose of this chapter to provide a management framework to assist the state and the area’s municipalities in the development and implementation of integrated cultural, historical, land, and water resource management programs in cooperation with the federal government and the state in order to retain, enhance, and interpret the significant values of the natural and cultural resources in the area.

217-B:2 Freedom’s Way Heritage Area Commission Established.

I. There is hereby established a commission to be known as the freedom’s way heritage area commission.

II. The goals of the commission shall be to work with federal, state, and local governments and private businesses and organizations to:

(a) Further enhance historic preservation, cultural conservation, natural resource protection, tourism, and compatible economic revitalization and development within the area.

(b) Establish guidelines and prepare or assist in the preparation of area programs and to further the above goals through recognition, preservation, promotion, and interpretation.

(c) Advise and assist with loan or grant applications.

(d) Provide loans and grants from funds appropriated for that purpose to buildings, landscapes, sites, resources, and objects which are included or eligible for inclusion on the National Register of Historic Places or the state register of historic places or for the purpose of providing educational and cultural programs which encourage appreciation of the resources of the area which further the themes of rediscovering the native landscape, inventing the New England landscape, and shaping the landscape of democracy.

(e) Prepare and implement a unified historic preservation and interpretive plan for the area.

III. The commission shall consist of 17 persons to be appointed by the governor, 13 of whom shall serve initial terms of one, 2, or 3 years with subsequent appointments for terms of 3 years. The commission shall consist of:

(a) Four representatives of local government from the cities and towns within the area.

(b) Seven representatives of local historical societies, chambers of commerce, regional environmental organizations, museums or other interpretive centers, and/or local and regional land managers.

(c) Two persons who are residents of the area to represent other interests the governor deems appropriate.

(d) The commissioner of the department of resources and economic development, or designee.

(e) The director of the division of historical resources, or designee.

(f) One member of the house of representatives standing committee responsible for issues pertaining to resources, recreation, and development.

(g) One member of the senate.

IV. A vacancy in the commission shall be filled in the manner in which the original appointment was made. Any member of the commission appointed for a definite term may serve after the expiration of such term until a successor is appointed and qualified.

V. Members of the commission shall receive no pay on account of their service on the commission, but may receive reasonable expenses for travel when engaged in commission business, provided such expenses are not reimbursed by any other source.

VI. The chairperson of the commission shall be elected by the members of the commission for a term of one year, and may be eligible for reelection to subsequent terms. A simple majority of the members shall constitute a quorum for the transaction of business. The commission shall meet at least quarterly and at the call of the chairperson or a majority of its members.

VII. The commission shall work cooperatively with representatives from the Massachusetts Freedom’s Way Heritage Association, United States Fish and Wildlife Service, the United States National Park Service, and the New Hampshire regional planning commissions.

217-B:3 Commission Authority to Establish Advisory Groups and Accept Funds.

I. The commission may for the purpose of carrying out this chapter hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence, as the commission may deem advisable. The commission may establish and appoint one or more technical advisory groups and subcommittees to provide technical advice in financing, historic preservation, natural resource preservation, recreation, tourism, and intergovernmental coordination.

II. The commission may seek and accept, and dispose of donations of funds, property, or services from individuals, foundations, corporations, and other private entities and from public entities, for the purpose of carrying out its duties. The commission may use funds to obtain money from any source under any program or law requiring the recipient of such money to make a contribution in order to receive such money. The commission may obtain by purchase, rental, donation, or otherwise, such facilities and services as may be needed to carry out its duties.

III. The commission may establish such advisory groups as the commission deems necessary to ensure open communication with, and assistance from, the Secretary of the United States Department of the Interior, state agencies, and similarly designated areas in other states.

IV. The commission may establish or recommend cooperative agreements with appropriate state and federal agencies and with similarly designated areas in other states, including the Massachusetts Freedom’s Way Heritage Association.

217-B:4 Powers and Duties of the Commission. The commission may:

I. Coordinate activities and establish cooperative agreements with federal, state, and local governments and private businesses and organizations in order to further enhance historic preservation, cultural conservation, natural area protection, and compatible revitalization.

II. Establish guidelines and standards for projects and prepare programs and exhibits that will further the recognition, preservation, promotion, interpretation, and economic revitalization of the historic and natural resources in the area.

III. Provide advice and assistance in the preparation of loan or grant applications to the commission and application for loans or grants from federal or other sources in furtherance of the purposes of this chapter.

IV. Make loans and grants from funds donated or otherwise made available to the commission for the purpose of conserving and protecting sites, buildings, bridges, dams, landscapes, resources, and objects which are included or eligible for inclusion on the state or National Register of Historic Places or for the purposes of providing educational and cultural programs which encourage appreciation of the resources in the area.

V. Prepare and implement an annual study report which shall present a unified historic preservation and interpretive plan for the area. The report shall include an analysis of the methods and means of inventorying, preserving, and interpreting the historical, cultural, and natural resources of the area along with recommendations concerning utilization of these resources and coordination of activities within the area. The report shall be filed on or before November 1 with the governor’s office, the speaker of the house of representatives, the senate president, and the state library.

VI. Receive and review petitions from towns requesting inclusion in the freedom’s way heritage area with the objective of finalizing the boundaries of the freedom’s way heritage area within 2 years of the effective date of this section.

61:2 Effective Date. This act shall take effect upon its passage.

Approved: June 1, 2007

Effective: June 1, 2007