[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3363 Introduced in Senate (IS)]
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116th CONGRESS
2d Session
S. 3363
To establish the Alabama Black Belt National Heritage Area, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 27, 2020
Mr. Shelby (for himself and Mr. Jones) introduced the following bill;
which was read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
A BILL
To establish the Alabama Black Belt 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 ``Alabama Black Belt 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(b).
(2) Management plan.--The term ``management plan'' means
the management plan for the National Heritage Area prepared
under section 5.
(3) Map.--The term ``map'' means the map entitled ``Alabama
Black Belt Heritage Area Boundary''.
(4) National heritage area.--The term ``National Heritage
Area'' means the Alabama Black Belt 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 Alabama.
SEC. 3. ESTABLISHMENT OF ALABAMA BLACK BELT NATIONAL HERITAGE AREA.
(a) In General.--There is established in the State the Alabama
Black Belt National Heritage Area consisting of land in Bibb, Bullock,
Butler, Choctaw, Clarke, Conecuh, Dallas, Greene, Hale, Lowndes, Macon,
Marengo, Monroe, Montgomery, Perry, Pickens, Sumter, Washington, and
Wilcox counties in the State, as generally depicted in the management
plan.
(b) Local Coordinating Entity.--The Center for the Study of the
Black Belt at the University of West Alabama shall be the local
coordinating entity for the National 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 with jurisdiction over land in the
State, nonprofit organizations, and other persons;
(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 persons;
(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 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) 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 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, historical, scenic, and
cultural resources of the National Heritage Area;
(E) protecting and restoring historic sites and
buildings in the National Heritage Area that are
consistent with the themes of the National Heritage
Area;
(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
the Federal Government, State, Tribal, and local
governments, organizations, and individuals to further
the purposes of the National Heritage Area;
(2) 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;
(3) conduct meetings open to the public not less frequently
than semiannually regarding the preparation 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--
(i) the activities, expenses, and income of
the Local Coordinating Entity; and
(ii) any grants made to any other entities;
(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 any
other organization, that the organization receiving the
funds make available to the Secretary for audit all
records concerning the expenditure of the funds; and
(5) encourage, by appropriate means and consistent with the
purposes of the National Heritage Area, the economic viability
of 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. 5. MANAGEMENT PLAN.
(a) In General.--Not later than 3 years after the date of enactment
of this Act, the Local Coordinating Entity shall prepare and 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, historic, scenic, and recreational resources of the
National 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 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 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 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 unit of government,
organization, or individual for the first 5
years of operation of the National 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 may be best
coordinated (including the role of the National Park
Service in the National Heritage Area) to carry out the
purposes of this Act; 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, historical, cultural,
educational, scenic, and recreational 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 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 National 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 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
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 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 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 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 (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 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 property owner (whether
public or private), 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) enlarges or diminishes the treaty rights of any Indian
Tribe within the National Heritage Area;
(7) diminishes--
(A) the authority of the State to manage fish and
wildlife, including the regulation of fishing and
hunting, within the National 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 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 the Federal Government,
State, Tribal, and local governments, 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, if any, with respect
to the National Heritage Area.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated for the
National Heritage Area $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.
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