[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3932 Introduced in Senate (IS)]
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117th CONGRESS
2d Session
S. 3932
To establish the Downeast Maine National Heritage Area in the State of
Maine, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 28, 2022
Mr. King (for himself and Ms. Collins) introduced the following bill;
which was read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
A BILL
To establish the Downeast Maine National Heritage Area in the State of
Maine, 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 ``Downeast Maine National Heritage
Area Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the area in Maine known as ``Downeast Maine'' embodies
a nationally important story of the longstanding human
dependence on natural resources to survive and thrive;
(2) dramatic changes have occurred on many levels over the
last several centuries in Downeast Maine, but even after 10,000
years--
(A) the economy and well-being of Downeast Maine
depends on the same natural resources that have existed
for centuries; and
(B) the culture of Downeast Maine continues to be
shaped by those resources;
(3) dependence on the natural resources in Downeast Maine
for economic, community, and environmental health has led to
habitat conservation and species restoration initiatives that
allow natural systems and cultural associations to remain
intact in Downeast Maine;
(4) coastal fisheries, forest products, agriculture, wild
blueberries, subsistence harvests, outdoor recreation, tourism,
and habitat conservation are the heart of the culture and
economy of Downeast Maine;
(5) traditions of trade and culture from the past can be
experienced firsthand in Downeast Maine;
(6) the Downeast Maine way of life is visible--
(A) in historic districts, working waterfronts, and
community festivals in Downeast Maine; and
(B) at the 51 historical societies and museums
located in Downeast Maine;
(7) Passamaquoddy language and arts and traditions from the
fishing, logging, maritime, and wild blueberry industries are
preserved in audio and photographic collections in Downeast
Maine;
(8) markets and galleries in Downeast Maine showcase arts,
foods, and utilitarian products created with the natural
resources of the area that can be purchased directly from the
producer;
(9) community festivals in Downeast Maine celebrate the
nature-based culture of Downeast Maine;
(10) lighthouses and watercraft dominate the coastal
scenery in Downeast Maine; and
(11) the scenic byways and network of land and water trails
in Downeast Maine provide a physical experience of unique
geologic features, waterways, wildlife, and working landscapes,
such as wild blueberry fields and forests.
SEC. 3. DEFINITIONS.
In this Act:
(1) Heritage area.--The term ``Heritage Area'' means the
Downeast Maine National Heritage Area established by section
4(a).
(2) Local coordinating entity.--The term ``local
coordinating entity'' means the local coordinating entity for
the Heritage Area designated by section 5(a).
(3) Management plan.--The term ``management plan'' means
the plan developed by the local coordinating entity under
section 6(a).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) State.--The term ``State'' means the State of Maine.
SEC. 4. DOWNEAST MAINE NATIONAL HERITAGE AREA.
(a) Establishment.--There is established the Downeast Maine
National Heritage Area in the State.
(b) Boundaries.--The Heritage Area shall consist of Hancock and
Washington Counties in the State.
SEC. 5. DESIGNATION OF LOCAL COORDINATING ENTITY.
(a) Local Coordinating Entity.--The Sunrise County Economic Council
shall be the local coordinating entity for the Heritage Area.
(b) Authorities of Local Coordinating Entity.--The local
coordinating entity may, for purposes of preparing and implementing the
management plan, use Federal funds made available under this Act--
(1) to prepare reports, studies, interpretive exhibits and
programs, historic preservation projects, and other activities
recommended in the management plan for the Heritage Area;
(2) to make grants to the State, political subdivisions of
the State, nonprofit organizations, and other persons;
(3) to enter into cooperative agreements with the State,
political subdivisions of the State, nonprofit organizations,
and other organizations;
(4) to hire and compensate staff;
(5) to obtain funds or services from any source, including
funds and services provided under any other Federal program or
law; and
(6) to contract for goods and services.
(c) Duties of Local Coordinating Entity.--To further the purposes
of the Heritage Area, the local coordinating entity shall--
(1) prepare a management plan for the Heritage Area in
accordance with section 6;
(2) give priority to the implementation of actions, goals,
and strategies set forth in the management plan, including
assisting units of government and other persons in--
(A) carrying out programs and projects that
recognize and protect important resource values in the
Heritage Area;
(B) encouraging economic viability in the Heritage
Area in accordance with the goals of the management
plan;
(C) establishing and maintaining interpretive
exhibits in the Heritage Area;
(D) developing heritage-based recreational and
educational opportunities for residents and visitors in
the Heritage Area;
(E) increasing public awareness of and appreciation
for the natural, historic, and cultural resources of
the Heritage Area;
(F) restoring historic buildings that are--
(i) located in the Heritage Area; and
(ii) related to the themes of the Heritage
Area; and
(G) installing throughout the Heritage Area clear,
consistent, and appropriate signs identifying public
access points and sites of interest;
(3) consider the interests of diverse units of government,
businesses, tourism officials, private property owners, and
nonprofit groups within the Heritage Area in developing and
implementing the management plan;
(4) conduct public meetings at least semiannually regarding
the development and implementation of the management plan; and
(5) for any fiscal year for which Federal funds are
received under this Act--
(A) submit to the Secretary an annual report that
describes--
(i) the accomplishments of the local
coordinating entity;
(ii) the expenses and income of the local
coordinating entity; and
(iii) the entities to which the local
coordinating entity made any grants;
(B) make available for audit all records relating
to the expenditure of the Federal funds and any
matching funds; and
(C) require, with respect to all agreements
authorizing the expenditure of Federal funds by other
organizations, that the receiving organizations make
available for audit all records relating to the
expenditure of the Federal funds.
SEC. 6. 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 prepare and submit to the Secretary a
management plan for the Heritage Area.
(b) Contents.--The management plan for the Heritage Area shall--
(1) include comprehensive policies, strategies, and
recommendations for the conservation, funding, management, and
development of the Heritage Area;
(2) take into consideration existing State and local plans;
(3) specify the existing and potential sources of funding
to protect, manage, and develop the Heritage Area;
(4) include an inventory of the natural, historic,
cultural, educational, scenic, and recreational resources of
the Heritage Area relating to the themes of the Heritage Area
that should be preserved, restored, managed, developed, or
maintained; and
(5) include an analysis of, and recommendations for, ways
in which Federal, State, and local programs, may best be
coordinated to further the purposes of this Act, including
recommendations for the role of the National Park Service in
the Heritage Area.
(c) Disqualification From Funding.--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 may not receive additional funding under this
Act until the date on which the Secretary receives the proposed
management plan.
(d) Approval and Disapproval of Management Plan.--
(1) In general.--Not later than 180 days after the date on
which the local coordinating entity submits the management plan
to the Secretary, the Secretary shall approve or disapprove the
proposed management plan.
(2) Considerations.--In determining whether to approve or
disapprove the management plan, the Secretary shall consider
whether--
(A) the local coordinating entity is representative
of the diverse interests of the Heritage Area,
including governments, natural and historic resource
protection organizations, educational institutions,
businesses, and recreational organizations;
(B) the local coordinating entity has provided
adequate opportunities (including public meetings) for
public and governmental involvement in the preparation
of the management plan;
(C) the resource protection and interpretation
strategies contained in the management plan, if
implemented, would adequately protect the natural,
historic, and cultural resources of the Heritage Area;
and
(D) the management plan is supported by the
appropriate State and local officials, the cooperation
of which is needed to ensure the effective
implementation of the State and local aspects of the
management plan.
(3) Disapproval and revisions.--
(A) In general.--If the Secretary disapproves a
proposed management plan, the Secretary shall--
(i) advise the local coordinating entity,
in writing, of the reasons for the disapproval;
and
(ii) make recommendations for revision of
the proposed management plan.
(B) Approval or disapproval.--The Secretary shall
approve or disapprove a revised management plan not
later than 180 days after the date on which the revised
management plan is submitted.
(e) Approval of Amendments.--
(1) In general.--The Secretary shall review and approve or
disapprove substantial amendments to the management plan in
accordance with subsection (d).
(2) Funding.--Funds appropriated under this Act may not be
expended to implement any changes made by an amendment to the
management plan until the Secretary approves the amendment.
SEC. 7. 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 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 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 local coordinating 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 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 this Act for the
Heritage Area; and
(B) achieving the goals and objectives of the
approved management plan for the Heritage Area;
(2) analyze the Federal, State, local, and private
investments in the Heritage Area to determine the leverage and
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.--
(1) In general.--Based on the evaluation conducted under
subsection (a)(1), the Secretary shall prepare a report that
includes recommendations for the future role of the National
Park Service, if any, with respect to the Heritage Area.
(2) Required analysis.--If the report prepared under
paragraph (1) 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 Heritage
Area 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. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated for the
Heritage Area $10,000,000, of which not more than $1,000,000 is
authorized to be appropriated for 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 using funds made available 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 using funds made available under this Act
may be in the form of in-kind contributions of goods or
services fairly valued.
SEC. 11. TERMINATION OF AUTHORITY.
The authority of the Secretary to provide financial assistance
under this Act terminates on the date that is 15 years after the date
of enactment of this Act.
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