[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2441 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
1st Session
S. 2441
To establish in the States of North Carolina and South Carolina the
Southern Campaign of the Revolution National Heritage Corridor, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 22, 2021
Mr. Graham (for himself and Mr. Scott of South Carolina) introduced the
following bill; which was read twice and referred to the Committee on
Energy and Natural Resources
_______________________________________________________________________
A BILL
To establish in the States of North Carolina and South Carolina the
Southern Campaign of the Revolution National Heritage Corridor, 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 Campaign of the Revolution
National Heritage Corridor Act of 2021''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
(1) in accordance with the Study, the Southern Campaign of
the Revolution National Heritage Corridor, an 8-mile-wide
corridor, provides operational efficiency in connecting the
greatest concentration of the Carolinas' Revolutionary War
sites including battlefields, historic communities, farmsteads,
and landscapes that reflect the cultural and natural
environments of North Carolina and South Carolina in the latter
half of the 18th century;
(2) there is a national interest in protecting, conserving,
restoring, promoting, and interpreting the benefits of the
Corridor for the residents of, and visitors to, the Corridor;
(3) a primary responsibility for conserving, preserving,
protecting, and promoting the benefits resides with the
Managing Entity having jurisdiction over the Corridor; and
(4) in view of the longstanding Federal practice of
assisting States in creating, protecting, conserving,
preserving, and interpreting areas of significant natural and
cultural importance, and in view of the national significance
of the Corridor, the Federal Government has an interest in
assisting the States and the Managing Entity in fulfilling the
responsibilities described in paragraph (3).
(b) Purposes.--The purposes of this Act are--
(1) to protect, preserve, conserve, restore, promote,
interpret, and make available for the benefit of the public the
historic, cultural, and natural resources of the Corridor;
(2) to encourage and support, through financial and
technical assistance, the Managing Entity in the development of
a Management Action Plan for the Corridor to ensure coordinated
public and private action in the Corridor in a manner
consistent with subsection (a);
(3) to provide, during the development of an integrated
Corridor Management Action Plan, Federal financial and
technical assistance for the protection, preservation, and
conservation of land and water areas in the Corridor that are
in danger of being adversely affected or destroyed;
(4) to encourage and assist Managing Entity to identify the
full range of public and private technical and financial
assistance programs and services available to implement the
Corridor Management Action Plan; and
(5) to encourage adequate coordination of all government
programs affecting the historic, cultural, and natural
resources of the Corridor.
SEC. 3. DEFINITIONS.
In this Act:
(1) Corridor.--The term ``Corridor'' means the Southern
Campaign of the Revolution National Heritage Corridor
established by section 4(a).
(2) Corridor management action plan.--The term ``Corridor
Management Action Plan'' means the management action plan
developed under section 6.
(3) Management entity.--The term ``Management Entity''
means the University of South Carolina as established under
section 4.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) States.--The term ``States'' mean the States of North
Carolina and South Carolina.
(6) Study.--The term ``Study'' means the Department of the
Interior, National Park Service (NPS)'s July 2015 Southern
Campaign of the Revolution National Heritage Area Suitability/
Feasibility Study.
(7) Map.--The term ``map'' means the map provided in the
Study: Appendix C: Corridor Maps, page 93, ``Map 1: Proposed
National Heritage Area Corridor''.
SEC. 4. SOUTHERN CAMPAIGN OF THE REVOLUTION NATIONAL HERITAGE CORRIDOR.
(a) Establishment.--There is established in the States the Southern
Campaign of the Revolution National Heritage Corridor.
(b) Boundaries.--The Corridor shall consist of the area depicted on
the map. The Corridor shall be specified in detail in the Corridor
Management Action Plan.
(c) Map.--A map of the Corridor shall be on file and available for
public inspection in the appropriate offices of--
(1) the National Park Service; and
(2) the Management Entity.
(d) Addition.--Additional areas of the States outside the Corridor
boundaries may be added to the Corridor by the Secretary at the request
of the Management Entity.
(e) Management Entity.--The Management Entity for the Corridor
shall be The University of South Carolina, a public research
university.
SEC. 5. ADMINISTRATION.
(a) Authorities.--To carry out the management plan, the Secretary,
acting through the management entity, may use amounts made available
under this section to--
(1) make grants to the States or a political subdivision of
the States, nonprofit organizations, and other persons;
(2) enter into cooperative agreements with, or provide
technical assistance to, the States or a political subdivision
of the States, nonprofit organizations, and other interested
parties;
(3) hire and compensate staff, which shall include
individuals with expertise in natural, cultural, and historical
resources protection, and heritage programming;
(4) obtain money or services from any source including any
that are provided under any other Federal law or program;
(5) contract for goods or services; and
(6) undertake to be a catalyst for any other activity that
furthers the Corridor and is consistent with the approved
Corridor Management Action Plan.
(b) Duties.--The management entity shall--
(1) in accordance with section 6, prepare and submit a
Corridor Management Action Plan for the Corridor 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 Corridor;
(B) establishing and maintaining interpretive
exhibits and programs in the Corridor;
(C) developing recreational and educational
opportunities in the Corridor;
(D) increasing public awareness of, and
appreciation for, natural, historical, scenic, and
cultural resources of the Corridor;
(E) protecting and restoring historic sites and
buildings in the Corridor that are consistent with
Corridor themes;
(F) ensuring that clear, consistent, and
appropriate signs identifying points of public access,
and sites of interest are posted throughout the
Corridor; and
(G) promoting a wide range of partnerships among
governments, organizations, and individuals to further
the Corridor;
(3) consider the interests of diverse units of government,
businesses, organizations, and individuals in the Corridor in
the preparation and implementation of the Corridor Management
Action Plan;
(4) conduct meetings open to the public at least
semiannually regarding the development and implementation of
the Corridor Management Plan;
(5) for any year that Federal funds have been received
under this section--
(A) submit an annual report to the Secretary that
describes the activities, expenses, and income of the
management entity (including grants 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 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 Corridor.
(c) Prohibition on the Acquisition of Real Property.--The
management entity shall not use Federal funds made available under this
section to acquire real property or any interest in real property.
SEC. 6. CORRIDOR MANAGEMENT ACTION PLAN.
(a) In General.--Not later than 3 years after the date of enactment
of this Act, the Management Entity shall submit to the Secretary for
approval a proposed Corridor Management Action Plan for the Corridor.
(b) Requirements.--The Corridor Management Action Plan shall--
(1) determine the boundaries of the Corridor adherent to
section 4(b);
(2) incorporate an integrated and cooperative approach for
the protection, enhancement, and interpretation of the natural,
cultural, historic, scenic, and recreational resources of the
Corridor;
(3) take into consideration Federal, State, local, and
Tribal plans and treaty rights;
(4) include--
(A) an inventory of--
(i) the resources located in the Corridor;
and
(ii) any other property in the Corridor
that--
(I) is related to the themes of the
Corridor; and
(II) should be preserved, restored,
managed, or maintained because of the
significations of the property;
(B) comprehensive policies, strategies, and
recommendations for conservation, funding, management,
and development of the Corridor;
(C) a description of the actions that the Federal
Government, State, Tribal, and local governments,
private organizations, and individuals have agreed to
take to protect the natural, historical, cultural,
scenic, and recreational resources of the Corridor;
(D) a program of implementation for the Corridor
Management Action Plan by the management 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
management entity or any government,
organization, or individual for the first 5
years of operation;
(E) the identification of sources of funding for
carrying out 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 Corridor,
may best be coordinated to carry out this subsection;
and
(G) an interpretative plan for the Corridor; and
(5) 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
Corridor.
(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 management entity shall be ineligible to receive
additional funding under this section until the date that 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 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 management entity is representative of the
diverse interests of the Corridor, including Federal,
State, Tribal, and local governments, natural and
historic resources protection organizations,
educational institutions, businesses, recreational
organizations;
(B) the management entity has afforded adequate
opportunity, including public hearings, for public and
governmental involvement in the preparation of the
management plan;
(C) the resource preservation and interpretation
strategies contained in the management plan would
adequately protect the natural, historical, and
cultural resources of the Corridor; and
(D) the Secretary has received adequate assurances
from appropriate State and local officials whose
support is needed to ensure the effective
implementation of the State and local aspects of the
plan.
(3) Action following disapproval.--If the Secretary
disapproves the management plan, the Secretary shall--
(A) advise the management 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
management 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
the Secretary determines make a substantial change to
the management plan.
(B) Use of funds.--The management entity shall not
use Federal funds authorized by this subtitle to carry
out any amendments to the management plan until the
Secretary has approved the amendments.
SEC. 7. RELATIONSHIP TO OTHER FEDERAL AGENCIES.
(a) In General.--Nothing in this section 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 management entity to the maximum extent practicable.
(c) Other Federal Agencies.--Nothing in this section--
(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 Heritage Area; or
(3) modifies, alters, or amends any authorized use of
Federal land under the jurisdiction of a Federal agency.
SEC. 8. 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 to permit public access
(including access by Federal, State, or local agencies) to the
property of the property owner, or 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, or local agency, or conveys any land use or other
regulatory authority to the management entity;
(4) authorizes or implies the reservation or appropriation
of water or water rights;
(5) diminishes the authority of the State to manage fish
and wildlife, including the regulation of fishing and hunting
within the Heritage Area; or
(6) 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. 9. EVALUATION; REPORT.
(a) In General.--Not later than 3 years before the date on which
authority for Federal funding terminates for the Corridor, the
Secretary shall--
(1) conduct an evaluation of the accomplishments of the
Corridor; and
(2) prepare a report in accordance with subsection (c).
(b) Evaluation.--An evaluation conducted under subsection (a)
shall--
(1) assess the progress of the management entity with
respect to--
(A) accomplishing the purposes of this section for
the Corridor; and
(B) achieving the goals and objectives of the
approved management plan for the Corridor;
(2) analyze the Federal, State, Tribal, local, and private
investments in the Corridor to determine the leverage and
impact of the investments; and
(3) review the management structure, partnership
relationships, and funding of the Corridor for purposes of
identifying the critical components for sustainability of the
Corridor.
(c) Report.--
(1) In general.--Based on the evaluation conducted under
subsection (b), the Secretary shall prepare a report that
includes recommendations for the future role of the National
Park Service, if any, with respect to the Corridor.
(2) Required analysis.--If the report prepared under
subsection (a) recommends that Federal funding for the Heritage
Area be reauthorized, the report shall include an analysis of--
(A) ways in which Federal funding for the Corridor
may be reduced or eliminated; and
(B) the appropriate time period necessary to
achieve the recommended reduction or elimination.
(3) Submission to congress.--On completion of the report,
the Secretary shall submit the report to--
(A) the Committee on Energy and Natural Resources
of the Senate; and
(B) the Committee on Natural Resources of the House
of Representatives.
SEC. 10. FUNDING.
There is authorized to be appropriated to carry out this section
$10,000,000, of which not more than $1,000,000 may be made available in
any fiscal year.
SEC. 11. TERMINATION OF AUTHORITY.
The authority of the Secretary to provide assistance under this
section terminates on the date that is 15 years after the date of
enactment of this Act.
<all>