[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4222 Introduced in Senate (IS)]
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117th CONGRESS
2d Session
S. 4222
To establish the St. Croix National Heritage Area, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 16, 2022
Mr. King introduced the following bill; which was read twice and
referred to the Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To establish the St. Croix 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 ``St. Croix National Heritage Area
Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Heritage area.--The term ``Heritage Area'' means the
St. Croix 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(d)(1).
(3) Management plan.--The term ``management plan'' means
the management plan for the Heritage Area required under
section 5(a).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) St. croix.--The term ``St. Croix'' means St. Croix,
United States Virgin Islands.
(6) State.--The term ``State'' means the United States
Virgin Islands.
SEC. 3. ST. CROIX NATIONAL HERITAGE AREA.
(a) Establishment.--There is established in the State the St. Croix
National Heritage Area.
(b) Boundaries.--The Heritage Area shall consist of the entire
island of St. Croix.
(c) Map.--A map of the Heritage Area shall be--
(1) included in the management plan; and
(2) on file and available for public inspection in the
appropriate offices of the National Park Service.
(d) Local Coordinating Entity.--
(1) In general.--The local coordinating entity for the
Heritage Area shall be the Virgin Islands State Historic
Preservation Office.
(2) Consultation requirement.--The local coordinating
entity shall consult with a broad cross section of businesses,
individuals, agencies, and organizations within the boundaries
of the Heritage Area described in subsection (b) that were
involved in the planning and development of the Heritage Area
before the date of enactment of this Act.
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 this Act--
(1) to make grants to the State or a political subdivision
of the State, Indian Tribes, 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, Indian Tribes, 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 funds or services from any source, including
any funds 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 Heritage Area; and
(B) is consistent with the approved management
plan.
(b) Duties.--The local coordinating entity shall--
(1) assist Federal agencies, the State or a political
subdivision of the State, Indian Tribes, regional planning
organizations, nonprofit organizations, and other interested
parties in carrying out the 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 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
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 at least
semiannually regarding the development and implementation of
the management plan;
(4) for any year for which Federal funds have been received
under this Act--
(A) submit to the Secretary an annual report that
describes, for the period covered by the report--
(i) the activities of the local
coordinating entity;
(ii) the expenses and income of the local
coordinating entity; and
(iii) any entities to which the local
coordinating entity made grants;
(B) make available to the Secretary 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 to the Secretary for audit all records
relating to the expenditure of the Federal funds; and
(5) encourage by appropriate means economic viability that
is consistent with the purposes of the Heritage Area.
(c) Prohibition on the Acquisition of Real Property.--The local
coordinating entity may not use Federal funds made available under this
Act 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 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 Federal, State, 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 actions that governments,
private organizations, and individuals have agreed to
take 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 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, and Tribal programs, including the role
of the National Park Service in the Heritage Area, may
best be coordinated to carry out this Act; and
(G) an interpretive plan for the Heritage Area; and
(4) recommend policies and strategies for resource
management that consider and describe 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 of enactment
of this Act, the local coordinating entity may not 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 the State, shall approve or
disapprove the management plan.
(2) Considerations.--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;
(B) the local coordinating entity has provided
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 for revisions to the
management plan; and
(C) not later than 180 days after the date of
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 review and
approve or disapprove substantial amendments to the
management plan.
(B) Use of funds.--The local coordinating entity
shall not use Federal funds appropriated under this Act
to carry out any amendments to the management plan
until the Secretary has approved the amendments.
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 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. 7. PRIVATE PROPERTY AND REGULATORY PROTECTIONS.
Nothing in this Act--
(1) abridges the rights of any owner of private or public
property, 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 or State 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 or State
law;
(3) alters any duly adopted land use regulation, approved
land use plan, or other regulatory authority of any Federal or
State 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 Heritage Area 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.
Not later than 3 years before the date on which authority for
Federal funding terminates for the Heritage Area under section 10, the
Secretary shall--
(1) conduct an evaluation of the accomplishments of the
Heritage Area, under which the Secretary shall--
(A) assess the progress of the local coordinating
entity with respect to--
(i) accomplishing the purposes of this Act
for the Heritage Area; and
(ii) achieving the goals and objectives of
the approved management plan for the Heritage
Area;
(B) analyze the Federal, State, and private
investments in the Heritage Area to determine the
impact of the investments; and
(C) 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; and
(2) based on the evaluation conducted under paragraph (1),
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 to carry
out this Act $10,000,000, of which not more than $1,000,000 may be made
available 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. 10. 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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