[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8488 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 8488
To establish the Southern Maryland National Heritage Area, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 1, 2020
Mr. Hoyer introduced the following bill; which was referred to the
Committee on Natural Resources
_______________________________________________________________________
A BILL
To establish the Southern Maryland National Heritage Area, 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 ``Southern Maryland National Heritage
Area Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Heritage area.--The term ``Heritage Area'' means the
Southern Maryland National Heritage Area established by section
3(a).
(2) Local coordinating entity.--The term ``Local
Coordinating Entity'' means the local coordinating entity for
the Heritage Area designated by section 3(c).
(3) Management plan.--The term ``management plan'' means
the management plan for the Heritage Area prepared under
section 5(a).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) State.--The term ``State'' means the State of Maryland.
SEC. 3. ESTABLISHMENT OF SOUTHERN MARYLAND NATIONAL HERITAGE AREA.
(a) In General.--There is established in the State the Southern
Maryland National Heritage Area, to be administered in accordance with
this Act.
(b) Boundaries.--The Heritage Area shall include portions of St.
Mary's, Calvert, Charles, and Prince George's Counties in the State,
with the specific boundaries to be established by the Secretary, based
on the feasibility study for the Heritage Area.
(c) Local Coordinating Entity.--The Tri-County Council for Southern
Maryland shall serve as the local coordinating entity for the Heritage
Area.
SEC. 4. ADMINISTRATION.
(a) Authorities.--For purposes of carrying out 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, political subdivisions of
the State, Indian Tribes, nonprofit organizations, and other
entities;
(2) to enter into cooperative agreements with, or provide
technical assistance to, the State, political subdivisions of
the State, Indian Tribes, nonprofit organizations, and other
interested entities;
(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 marketing, advertising, and public
relations;
(6) to contract for goods or services;
(7) to contract for fundraising; and
(8) to undertake any other activity that--
(A) furthers the purposes of the Heritage Area; and
(B) is consistent with the approved management
plan.
(b) Duties.--The Local Coordinating Entity shall--
(1) assist Federal agencies, the State, political
subdivisions of the State, Indian Tribes, regional planning
organizations, nonprofit organizations, and other interested
persons in carrying out the approved management plan by--
(A) carrying out programs and projects that
recognize, protect, and enhance important resource
values in the Heritage Area;
(B) establishing and maintaining interpretive
exhibits and programs in the Heritage Area;
(C) developing recreational, interpretive, and
educational opportunities in the Heritage Area;
(D) increasing public awareness of, and
appreciation for, natural, historical, scenic, and
cultural resources of the Heritage Area;
(E) protecting and restoring historic sites and
buildings in the Heritage Area that are consistent with
the themes of the Heritage Area;
(F) ensuring that clear, consistent, and
appropriate signs identifying points of public access
and sites of interest are posted throughout the
Heritage Area; and
(G) promoting a wide range of partnerships among
the Federal Government, State, Tribal, and local
governments, organizations, and individuals to further
the purposes of the Heritage Area;
(2) consider the interests of diverse units of government,
businesses, organizations, and individuals in the Heritage Area
in the preparation and implementation of the management plan;
(3) conduct meetings open to the public not less frequently
than semiannually regarding the development and implementation
of the management plan;
(4) for any year that Federal funds have been received
under this subsection--
(A) submit to the Secretary an annual report that
describes, with respect to the reporting period, the
activities, expenses, and income of the Local
Coordinating Entity;
(B) make available to the Secretary for audit all
records relating to the expenditure of the funds and
any matching funds; and
(C) encourage, by appropriate means and consistent
with the purposes of the Heritage Area, the economic
viability of the 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. 5. MANAGEMENT PLAN.
(a) In General.--Not later than 3 years after the date on which
funds are first made available to carry out this Act, the Local
Coordinating Entity shall submit to the Secretary for approval a
proposed management plan for the 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, historic, scenic, and recreational resources of the
Heritage Area;
(2) take into consideration other applicable Federal,
State, local, and Tribal plans and treaty rights;
(3) include--
(A) an inventory of--
(i) the resources located in the Heritage
Area; and
(ii) any other property in the Heritage
Area that--
(I) is related to the themes of the
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 Heritage Area;
(C) a description of activities that the Federal
Government, State, Tribal, and local governments,
private organizations, and individuals have agreed to
carry out to protect the natural, historical, cultural,
scenic, and recreational resources of the 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 unit of government,
organization, or individual for the first 5
years of operation of the Heritage Area;
(E) the identification of sources of funding to
implement the management plan;
(F) analysis and recommendations for means by which
Federal, State, local, and Tribal programs (including
the role of the National Park Service in the Heritage
Area) may carry out the purposes of this Act;
(G) an interpretive plan for the Heritage Area; and
(H) recommended 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, historical,
cultural, educational, scenic, and recreational
resources of the 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 on which funds
are first made available to carry out this Act, the Local Coordinating
Entity shall be ineligible to receive additional funding under this Act
until the date on which the Secretary 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 State and Tribal governments,
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 Heritage Area,
including the Federal Government, State, Tribal, and
local governments, natural and historic 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,
historical, and cultural resources of the 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 to the Local Coordinating
Entity 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 of the management plan that
the Secretary determines makes a substantial change to
the management plan.
(B) Use of funds.--The Local Coordinating Entity
shall not use Federal funds authorized under section 9
to carry out any amendment to the management plan until
the date on which the Secretary has approved the
amendment.
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 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 (including
regulations) 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 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 property owner (whether
public or private), including the right to refrain from
participating in any plan, project, program, or activity
conducted within the 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) enlarges or diminishes the treaty rights of any Indian
Tribe within the Heritage Area;
(7) diminishes--
(A) the authority of the State to manage fish and
wildlife, including the regulation of fishing and
hunting, within the Heritage Area; or
(B) the authority of Indian Tribes to regulate
members of Indian Tribes with respect to fishing,
hunting, and gathering in the exercise of treaty
rights; or
(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 Heritage Area, the
Secretary shall--
(1) conduct an evaluation of the accomplishments of the
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 Heritage
Area; and
(B) achieving the goals and objectives of the
approved management plan;
(2) analyze the investments of the Federal Government,
State, Tribal, and local governments, and private entities in
the Heritage Area to determine the impact of the investments;
and
(3) review the management structure, partnership
relationships, and funding of the Heritage Area for purposes of
identifying the critical components for sustainability of the
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, if any, with respect
to the Heritage Area.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated for the
Heritage Area to carry out the purposes of 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 under this Act shall be not more than 50 percent.
(2) Form.--The non-Federal share of the total cost of any
activity 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.
<all>