[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1623 Reported in Senate (RS)]
<DOC>
Calendar No. 582
114th CONGRESS
2d Session
S. 1623
[Report No. 114-310]
To establish the Maritime Washington National Heritage Area in the
State of Washington, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 18, 2015
Ms. Cantwell (for herself and Mrs. Murray) introduced the following
bill; which was read twice and referred to the Committee on Energy and
Natural Resources
August 30, 2016
Reported under authority of the order of the Senate of July 14, 2016,
by Ms. Murkowski, with amendments
[Omit the part struck through and insert the part printed in italic]
_______________________________________________________________________
A BILL
To establish the Maritime Washington National Heritage Area in the
State of Washington, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Maritime Washington National
Heritage Area Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Local coordinating entity.--The term ``local
coordinating entity'' means the local coordinating entity for
the National Heritage Area designated by section 3(d).
(2) Management plan.--The term ``management plan'' means
the management plan for the National Heritage Area required
under section 4.
(3) Map.--The term ``map'' means the map entitled
``Maritime Washington National Heritage Area Proposed
Boundary'', numbered 584/125,484, and dated August 2014.
(4) National heritage area.--The term ``National Heritage
Area'' means the Maritime Washington National Heritage Area
established by section 3(a).
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) State.--The term ``State'' means the State of
Washington.
SEC. 3. MARITIME WASHINGTON NATIONAL HERITAGE AREA.
(a) Establishment.--There is established in the State the Maritime
Washington National Heritage Area.
(b) Boundaries.--
(1) In general.--The National Heritage Area shall consist
of land located in the counties of Whatcom, Skagit, Snohomish,
San Juan, Island, King, Pierce, Thurston, Mason, Kitsap,
Jefferson, Clallam, and Grays Harbor in the State that is at
least partially located within the area that is \1/4\-mile
landward of the shoreline, as generally depicted on the map.
(2) Revision.--The boundaries of the National Heritage Area
established under paragraph (1) may be revised if the revision
is--
(A) proposed in the management plan;
(B) approved by the Secretary in accordance with
section 4; and
(C) placed on file in accordance with subsection
(c).
(c) Availability of Map.--The map shall be on file and available
for public inspection in the appropriate offices of--
(1) the National Park Service; and
(2) the local coordinating entity.
(d) Local Coordinating Entity.--The Washington Trust for Historic
Preservation shall be the local coordinating entity for the National
Heritage Area.
SEC. 4. MANAGEMENT PLAN.
(a) In General.--Not later than 3 years after the date of enactment
of this Act, the local coordinating entity shall submit to the
Secretary for approval a proposed management plan for the National
Heritage Area.
(b) Requirements.--The management plan shall--
(1) incorporate an integrated and cooperative approach for
the protection, enhancement, and interpretation of the natural,
cultural, historical, scenic, and recreational resources of the
National Heritage Area;
(2) take into consideration State and local plans;
(3) include--
(A) an inventory of--
(i) the resources located in the National
Heritage Area; and
(ii) any other property in the National
Heritage Area that--
(I) is related to the themes of the
National Heritage Area; and
(II) should be preserved, restored,
managed, or maintained because of the
significance of the property;
(B) comprehensive policies, strategies and
recommendations for the conservation, funding,
management, and development of the National Heritage
Area;
(C) a description of actions that governments,
private organizations, and individuals have agreed to
take to protect the natural, cultural, and historical
resources of the National Heritage Area;
(D) a program of implementation for the management
plan by the local coordinating entity that includes a
description of--
(i) actions to facilitate ongoing
collaboration among partners to promote plans
for resource protection, restoration, and
construction; and
(ii) specific commitments for
implementation that have been made by the local
coordinating entity or any government,
organization, or individual for the first 5
years of operation of the National Heritage
Area;
(E) the identification of sources of funding for
carrying out the management plan;
(F) analysis and recommendations for means by which
Federal, State, and local programs may best be
coordinated to carry out this section, including a
description of the role of the National Park Service in
the National Heritage Area; and
(G) an interpretive plan for the National Heritage
Area; and
(4) recommend policies and strategies for resource
management that consider and detail the application of
appropriate land and water management techniques, including the
development of intergovernmental and interagency cooperative
agreements to protect the natural, cultural, historical,
scenic, recreational, and educational resources of the National
Heritage Area.
(c) Deadline.--If a proposed management plan is not submitted to
the Secretary by the date that is 3 years after the date of enactment
of this Act, the local coordinating entity shall be ineligible to
receive additional funding under this Act until the date on which the
Secretary receives and approves the management plan.
(d) Approval or Disapproval of Management Plan.--
(1) In general.--Not later than 180 days after the date of
receipt of the management plan under subsection (a), the
Secretary, in consultation with the State, shall approve or
disapprove the management plan.
(2) Criteria for approval.--In determining whether to
approve the management plan, the Secretary shall consider
whether--
(A) the local coordinating entity is representative
of the diverse interests of the National Heritage Area,
including governments, natural and historical resource
protection organizations, educational institutions,
businesses, and recreational organizations;
(B) the local coordinating entity has afforded
adequate opportunity, including public hearings, for
public and governmental involvement in the preparation
of the management plan; and
(C) the resource protection and interpretation
strategies contained in the management plan, if
implemented, would adequately protect the natural,
cultural, and historical resources of the National
Heritage Area.
(3) Action following disapproval.--If the Secretary
disapproves the management plan under paragraph (1), the
Secretary shall--
(A) advise the local coordinating entity in writing
of the reasons for the disapproval;
(B) make recommendations for revisions to the
management plan; and
(C) not later than 180 days after the receipt of
any proposed revision of the management plan from the
local coordinating entity, approve or disapprove the
proposed revision.
(4) Amendments.--
(A) In general.--The Secretary shall approve or
disapprove each amendment to the management plan that
makes a substantial change to the management plan, as
determined by the Secretary.
(B) Use of funds.--The local coordinating entity
shall not use Federal funds authorized by this section
to carry out any amendments to the management plan
until the date on which the Secretary has approved the
amendments.
SEC. 5. ADMINISTRATION.
(a) Authorities.--For purposes of implementing the management plan,
the Secretary, acting through the local coordinating entity, may use
amounts made available under section 9--
(1) to make grants to the State or a political subdivision
of the State, nonprofit organizations, and other persons;
(2) to enter into cooperative agreements with, or provide
technical assistance to, the State or a political subdivision
of the State, nonprofit organizations, and other interested
parties;
(3) to hire and compensate staff, which shall include
individuals with expertise in natural, cultural, and historical
resources protection and heritage programming;
(4) to obtain money or services from any source, including
any money or services that are provided under any other Federal
law or program;
(5) to contract for goods or services; and
(6) to undertake to be a catalyst for any other activity
that--
(A) furthers the purposes of the National Heritage
Area; and
(B) is consistent with the approved management
plan.
(b) Duties.--The local coordinating entity shall--
(1) in accordance with section 4, prepare and submit a
management plan to the Secretary;
(2) assist units of local government, regional planning
organizations, and nonprofit organizations in carrying out the
approved management plan by--
(A) carrying out programs and projects that
recognize, protect, and enhance important resource
values in the National Heritage Area;
(B) establishing and maintaining interpretive
exhibits and programs in the National Heritage Area;
(C) developing recreational and educational
opportunities in the National Heritage Area;
(D) increasing public awareness of, and
appreciation for, natural, cultural, historical, and
scenic resources of the National Heritage Area;
(E) identifying and restoring historic sites and
buildings in the National Heritage Area that are
consistent with National Heritage Area themes;
(F) ensuring that clear, consistent, and
appropriate signs identifying points of public access
and sites of interest are posted throughout the
National Heritage Area; and
(G) promoting a wide range of partnerships among
governments, organizations, and individuals to further
the National Heritage Area;
(3) consider the interests of diverse units of government,
businesses, organizations, and individuals in the National
Heritage Area in the preparation and implementation of the
management plan;
(4) conduct meetings open to the public at least
semiannually regarding the development and implementation of
the management plan;
(5) for any year for which Federal funds have been received
under this section--
(A) submit to the Secretary an annual report that
describes the activities, expenses, and income of the
local coordinating entity (including grants from the
local coordinating entity to any other entities during
the year that the report is made);
(B) make available to the Secretary for audit all
records relating to the expenditure of the funds and
any matching funds; and
(C) require, with respect to all agreements
authorizing the expenditure of Federal funds by other
organizations, that the organizations receiving the
funds make available to the Secretary for audit all
records concerning the expenditure of the funds; and
(6) encourage, by appropriate means, economic viability
that is consistent with the National Heritage Area.
(c) Prohibition on the Acquisition of Real Property.--The local
coordinating entity shall not use Federal funds made available under
section 9 to acquire real property or any interest in real property.
SEC. 6. RELATIONSHIP TO OTHER FEDERAL AGENCIES.
(a) In General.--Nothing in this Act affects the authority of a
Federal agency to provide technical or financial assistance under any
other law.
(b) Consultation and Coordination.--The head of any Federal agency
planning to conduct activities that may have an impact on the National
Heritage Area is encouraged to consult and coordinate the activities
with the Secretary and the local coordinating entity, to the maximum
extent practicable.
(c) Other Federal Agencies.--Nothing in this Act--
(1) modifies, alters, or amends any law or regulation
authorizing a Federal agency to manage Federal land under the
jurisdiction of the Federal agency;
(2) limits the discretion of a Federal land manager to
implement an approved land use plan within the boundaries of
the National Heritage Area; or
(3) modifies, alters, or amends any authorized use of
Federal land under the jurisdiction of a Federal agency.
SEC. 7. PRIVATE PROPERTY AND REGULATORY PROTECTIONS.
Nothing in this Act--
(1) abridges the rights of any owner of public or private
property, including the right to refrain from participating in
any plan, project, program, or activity conducted within the
National Heritage Area;
(2) requires any property owner--
(A) to permit public access (including access by
Federal, State, or local agencies) to the property of
the property owner; or
(B) to modify public access or use of property of
the property owner under any other Federal, State, or
local law;
(3) alters any duly adopted land use regulation, approved
land use plan, or other regulatory authority of any Federal,
State, tribal, or local agency;
(4) conveys any land use or other regulatory authority to
the local coordinating entity;
(5) authorizes or implies the reservation or appropriation
of water or water rights;
(6) alters, modifies, diminishes, or extinguishes the
treaty rights of any Indian tribe within the National Heritage
Area;
(6)(7) diminishes the authority of the State to manage fish
and wildlife, including the regulation of fishing and hunting
within the National Heritage Area; or
(7)(8) creates any liability, or affects any liability
under any other law, of any private property owner with respect
to any person injured on the private property.
SEC. 8. EVALUATION AND REPORT.
(a) In General.--Not later than 3 years before the date on which
authority for Federal funding terminates for the National Heritage
Area, the Secretary shall--
(1) conduct an evaluation of the accomplishments of the
National Heritage Area; and
(2) prepare a report in accordance with subsection (c).
(b) Evaluation.--An evaluation conducted under subsection (a)(1)
shall--
(1) assess the progress of the local coordinating entity
with respect to--
(A) accomplishing the purposes of the National
Heritage Area; and
(B) achieving the goals and objectives of the
management plan;
(2) analyze the investments of Federal, State, tribal, and
local government and private entities in the National Heritage
Area to determine the impact of the investments; and
(3) review the management structure, partnership
relationships, and funding of the National Heritage Area for
purposes of identifying the critical components for
sustainability of the National Heritage Area.
(c) Report.--Based on the evaluation conducted under subsection
(a)(1), the Secretary shall submit to the Committee on Energy and
Natural Resources of the Senate and the Committee on Natural Resources
of the House of Representatives a report that includes recommendations
for the future role of the National Park Service with respect to the
National Heritage Area.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to carry
out this Act $10,000,000, of which not more than $1,000,000 may be made
available in any fiscal year.
(b) Availability.--Amounts made available under subsection (a)
shall remain available until expended.
(c) Cost-Sharing Requirement.--
(1) In general.--The Federal share of the total cost of any
activity carried out under this Act shall be not more than 50
percent.
(2) Form.--The non-Federal share of the total cost of any
activity carried out under this Act may be in the form of in-
kind contributions of goods or services fairly valued.
(d) Termination of Authority.--The authority of the Secretary to
provide assistance under this Act terminates on the date that is 15
years after the date of enactment of this Act.
Calendar No. 582
114th CONGRESS
2d Session
S. 1623
[Report No. 114-310]
_______________________________________________________________________
A BILL
To establish the Maritime Washington National Heritage Area in the
State of Washington, and for other purposes.
_______________________________________________________________________
August 30, 2016
Reported with amendments