Text: H.R.6445 — 111th Congress (2009-2010)All Bill Information (Except Text)

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Introduced in House (11/18/2010)


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[Congressional Bills 111th Congress]
[From the U.S. Government Printing Office]
[H.R. 6445 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 6445

To establish the Carolinas Revolutionary Road National Heritage Area in 
    the States of North Carolina and South Carolina, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 18, 2010

  Mr. Spratt introduced the following bill; which was referred to the 
                     Committee on Natural Resources

_______________________________________________________________________

                                 A BILL


 
To establish the Carolinas Revolutionary Road National Heritage Area in 
    the States of North Carolina and South Carolina, 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 ``Carolinas Revolutionary Road 
National Heritage Area Act''.

SEC. 2. PURPOSES.

    The purposes of this Act are as follows:
            (1) to recognize and interpret important events and 
        geographic locations associated with the American Revolution in 
        the States of North Carolina and South Carolina and the impact 
        of these events on European American, African-American, and 
        Native American heritage;
            (2) to protect and preserve battlefields, landscapes, 
        communities, historic sites and natural features associated 
        with the Revolutionary War campaigns in the Carolinas;
            (3) to promote heritage, cultural, and recreational 
        tourism, and to develop educational, interpretive, and cultural 
        programs for the benefit of visitors and the general public; 
        and
            (4) to provide appropriate linkages among units of the 
        National Park System, trails, State and local historic sites, 
        and communities, governments, and organizations within the 
        Heritage Area.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Heritage area.--The term ``Heritage Area'' means the 
        Carolinas Revolutionary Road National Heritage Area, 
        established in section 4.
            (2) Local coordinating entity.--The term ``local 
        coordinating entity'' means Cultural and Heritage Museums of 
        York County, South Carolina, the local coordinating entity for 
        the Heritage Area designated by section 4(d).
            (3) Management plan.--The term ``management plan'' means 
        the management plan for the Heritage Area specified in section 
        6.
            (4) Map.--The term ``map'' means the map entitled 
        ``Carolinas Revolutionary Road National Heritage Area'', 
        numbered _______, and dated _______.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (6) States.--The term ``States'' means the State of North 
        Carolina and the State of South Carolina.

SEC. 4. CAROLINAS REVOLUTIONARY ROAD NATIONAL HERITAGE AREA.

    (a) Establishment.--There is established the Carolinas 
Revolutionary Road National Heritage Area in the States of North 
Carolina and South Carolina.
    (b) Boundaries.--
            (1) In general.--The boundaries of the Heritage Area shall 
        be as generally depicted on the map.
            (2) Revision.--The boundaries of the Heritage Area may be 
        revised if the revision is--
                    (A) proposed in the management plan;
                    (B) approved by the Secretary in accordance with 
                section 5; and
                    (C) placed on file in accordance with section (c).
    (c) Availability of Map.--The map shall be on file and available 
for public inspection in the appropriate offices of the National Park 
Service and the local coordinating entity.
    (d) Local Coordinating Entity.--The local coordinating entity for 
the Heritage Area shall be Cultural and Heritage Museums of York 
County, South Carolina.

SEC. 5. DUTIES AND AUTHORITIES OF THE LOCAL COORDINATING ENTITY.

    (a) Duties of the Local Coordinating Entity.--To further the 
purposes of the Heritage Area, the local coordinating entity shall--
            (1) prepare, and submit to the Secretary in accordance with 
        section 5, a management plan for the Heritage Area;
            (2) assist units of local government, regional planning 
        organizations, and nonprofit organizations in implementing the 
        approved management plan by--
                    (A) carrying out programs and projects that 
                recognize and protect important resource values within 
                the Heritage Area;
                    (B) establishing and maintaining interpretive 
                exhibits and programs within 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 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;
            (3) 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;
            (4) conduct meetings open to the public at least semi-
        annually regarding the preparation and implementation of the 
        management plan;
            (5) submit an annual report to the Secretary for each 
        fiscal year in which the local coordinating entity receives 
        Federal funds under this Act specifying--
                    (A) the accomplishments of the local coordinating 
                entity;
                    (B) the expenses and income of the local 
                coordinating entity;
                    (C) the amounts and sources of matching funds;
                    (D) the amounts leveraged with Federal funds and 
                sources of the leveraged funds; and
                    (E) grants made to any other entities during the 
                fiscal year;
            (6) make available for audit for any fiscal year for which 
        the local coordinating entity receives Federal funds under this 
        Act, all information pertaining to the expenditure of such 
        funds and any matching funds;
            (7) require in all agreements authorizing expenditures of 
        Federal funds by other organizations, that the receiving 
        organizations make available for audit all records and other 
        information pertaining to the expenditure of such funds; and
            (8) encourage, by appropriate means, economic development 
        that is consistent with the purposes of the Heritage Area.
    (b) Authorities.--The local coordinating entity may, subject to the 
prior approval of the Secretary, for the purposes of preparing and 
implementing the management plan, use Federal funds made available 
under this Act to--
            (1) make grants to the States, political subdivisions of 
        the States, nonprofit organizations, and other persons;
            (2) enter into cooperative agreements with, or provide 
        technical assistance to, the States, political subdivisions of 
        the States, nonprofit organizations, Federal agencies, and 
        other interested parties;
            (3) hire and compensate staff;
            (4) obtain funds or services from any source, including 
        funds and services provided under any other Federal law or 
        program;
            (5) contract of goods or services; and
            (6) support activities of partners and any other activities 
        that further the purposes of the Heritage Area and are 
        consistent with the approved management plan.
    (c) Prohibition on the Acquisition of Real Property.--The local 
coordinating entity may not use Federal funds received under this Act 
to acquire any interest in real property.

SEC. 6. MANAGEMENT PLAN.

    (a) In General.--Not later than 3 years after the date on which 
funds are made available to develop the management plan, the local 
coordinating entity shall submit to the Secretary for approval a 
proposed management plan for the Heritage Area.
    (b) Requirements.--The management plan for the Heritage Area 
shall--
            (1) describe comprehensive policies, goals, strategies, and 
        recommendations for the conservation, funding, management, and 
        development of the Heritage Area;
            (2) take into consideration existing State, county, and 
        local plans in the development and implementation of the 
        management plan;
            (3) include a description of actions and commitments that 
        governments, private organizations, and citizens plan to take 
        to protect, enhance, and interpret the natural, historic, 
        scenic, and cultural resources of the Heritage Area;
            (4) specify existing and potential sources of funding or 
        economic development strategies to conserve, manage, and 
        develop the Heritage Area;
            (5) include an inventory of the natural, historic, 
        cultural, educational, scenic, and recreational resources of 
        the Heritage Area relating to the stories and themes of the 
        Heritage Area that should be protected, enhanced, managed, or 
        developed;
            (6) recommend policies and strategies for resource 
        management, including the development of intergovernmental and 
        interagency agreements, to protect the natural, historic, 
        cultural, educational, scenic, and recreational resources of 
        the Heritage Area;
            (7) describe a program for implementation of the management 
        plan including--
                    (A) performance goals;
                    (B) plans for resource protection, enhancement, and 
                interpretation;
                    (C) specific commitments for implementation that 
                have been made by the local coordinating entity or any 
                government, organization, business, or individual;
            (8) include an analysis of, and recommendations for, ways 
        in which Federal, State, tribal, and local programs may best be 
        coordinated (including the role of the National Park Service 
        and other Federal agencies associated with the Heritage Area) 
        to further the purposes of this Act;
            (9) include an interpretive plan for the Heritage Area;
            (10) include a business plan that--
                    (A) describes the role, operation, financing and 
                functions of the local coordinating entity and of each 
                of the major activities contained in the management 
                plan; and
                    (B) provides adequate assurances that the local 
                coordinating entity has the partnerships and financial 
                and other resources necessary to implement the 
                management plan for the Heritage Area; and
            (11) include a reaffirmation of the appropriateness of, or 
        a proposed revision to, the boundaries of the Heritage Area.
    (c) Termination of Funding.--If the management plan is not 
submitted to the Secretary in accordance with this section, the local 
coordinating entity shall not qualify for additional financial 
assistance under this Act until such time as the management plan is 
submitted to, and approved by, the Secretary.
    (d) Approval of Management Plan.--
            (1) Review.--Not later than 180 days after the date on 
        which the Secretary receives the management plan, the Secretary 
        shall approve or disapprove the management plan.
            (2) Criteria for approval.--In determining the approval of 
        the management plan, the Secretary shall consider whether--
                    (A) the local coordinating entity represents the 
                diverse interests of the Heritage Area, including 
                governments, natural and historic resource protection 
                organizations, educational institutions, businesses, 
                community residents, and recreational organizations;
                    (B) the local coordinating entity has afforded 
                adequate opportunity for public and governmental 
                involvement (including workshops and public meetings) 
                in the preparation of the management plan;
                    (C) the resource protection and interpretation 
                strategies described in the management plan, if 
                implemented, would adequately protect the natural, 
                historical, and cultural resources of the Heritage 
                Area;
                    (D) the management plan would not adversely affect 
                any activities authorized on Federal or tribal lands 
                under applicable laws or land use plans;
                    (E) the Secretary has received adequate assurances 
                from the appropriate State, tribal and local officials 
                whose support is needed to ensure the effective 
                implementation of the State, tribal, and local aspects 
                of the management plan; and
                    (F) the local coordinating entity has demonstrated 
                the financial capability, in partnership with others, 
                to carry out the management plan.
            (3) Action following disapproval.--
                    (A) In general.--If the Secretary disapproves the 
                management plan, the Secretary--
                            (i) shall advise the local coordinating 
                        entity in writing of the reasons for the 
                        disapproval; and
                            (ii) may make recommendations to the local 
                        coordinating entity for revisions to the 
                        management plan.
                    (B) Deadline.--Not later than 180 days after 
                receiving a revised management plan, the Secretary 
                shall approve or disapprove the revised management 
                plan.
            (4) Amendments.--
                    (A) In general.--An amendment to the management 
                plan that substantially alters the management plan 
                shall be reviewed by the Secretary and approved or 
                disapproved in the same manner as the original 
                management plan.
                    (B) Implementation.--The local coordinating entity 
                shall not use Federal funds authorized to be 
                appropriated by this Act to implement any amendment to 
                the management plan until the Secretary approves the 
                amendment.

SEC. 7. DUTIES AND AUTHORITIES OF THE SECRETARY.

    (a) Technical and Financial Assistance.--
            (1) In general.--On the request of the local coordinating 
        entity, the Secretary may provide technical and financial 
        assistance, on a reimbursable or non-reimbursable basis (as 
        determined by the Secretary), to the local coordinating entity 
        to prepare and implement the management plan.
            (2) Cooperative agreements.--The Secretary may enter into 
        cooperative agreements with the local coordinating entity and 
        other public or private entities to provide technical or 
        financial assistance under paragraph (1).
            (3) Priority.--In assisting the Heritage Area, the 
        Secretary shall give priority to actions that assist in--
                    (A) conserving the significant natural, historic, 
                and cultural resources of the Heritage Area; and
                    (B) providing educational, interpretive, and 
                recreational opportunities consistent with the purposes 
                of the Heritage Area.
    (b) Evaluation; Report.--
            (1) In general.--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--
                    (A) conduct an evaluation of the accomplishments of 
                the Heritage Area; and
                    (B) prepare a report with recommendations for the 
                future role of the National Park Service, if any, with 
                respect to the Heritage Area, in accordance with 
                paragraph (3).
            (2) Evaluation.--An evaluation conducted under paragraph 
        (1)(A) 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, local, and private 
                investments in the Heritage Area to determine the 
                leverage and 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.
            (3) Report.--
                    (A) In general.--Based on the evaluation conducted 
                under paragraph (1)(A), the Secretary shall prepare a 
                report that includes recommendations for the future 
                role of the National Park Service's future role, if 
                any, with respect to the Heritage Area.
                    (B) Required analysis.--If the report prepared 
                under this paragraph recommends that Federal funding 
                for the Heritage Area be reauthorized, the report shall 
                include an analysis of--
                            (i) ways in which Federal funding for the 
                        Heritage Area may be reduced or eliminated; and
                            (ii) the appropriate time period necessary 
                        to achieve the recommended reduction or 
                        elimination.
                    (C) Submission to congress.--On completion of a 
                report under this paragraph, the Secretary shall submit 
                the report to--
                            (i) the Committee on Energy and Natural 
                        Resources of the Senate; and
                            (ii) the Committee on Natural Resources of 
                        the House of Representatives.

SEC. 8. RELATIONSHIP TO OTHER FEDERAL AGENCIES.

    (a) In General.--Nothing in this Act affects the authority of any 
Federal agency to provide technical or financial assistance under any 
other law.
    (b) Consultation and Coordination.--To the maximum extent 
practicable, 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.
    (c) Other Federal Agencies.--Nothing in this Act--
            (1) modifies, alters, or amends any laws (including 
        regulations) authorizing a Federal agency to manage 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. 9. PROPERTY OWNERS AND REGULATORY PROTECTIONS.

    Nothing in this Act--
            (1) abridges the rights of any owner of public or private 
        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 to--
                    (A) permit public access (including Federal, 
                tribal, State, or local government access) to the 
                property; or
                    (B) modify any provisions of Federal, tribal, State 
                or local law with regard to public access or use of 
                private land;
            (3) alters any duly adopted land use regulations, approved 
        land use plan, or any other regulatory authority of any 
        Federal, State, or local agency, or tribal government;
            (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) diminishes the authority of the States to manage fish 
        and wildlife, including the regulation of fishing and hunting 
        within the Heritage Area; or
            (7) 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. 10. 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 shall be 
made available for any fiscal year.
    (b) Availability.--Funds 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 section shall be not more than 50 percent.
            (2) Form.--The non-Federal contribution--
                    (A) shall be from non-Federal sources; and
                    (B) may be in the form of in-kind contributions of 
                goods or services fairly valued.

SEC. 11. TERMINATION OF FINANCIAL ASSISTANCE.

    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 the Act.
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