Sec. 6001. National Heritage Area designations
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/bill/116/s/47/pcs/section-6001A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The following areas are designated as National Heritage Areas, to be administered in accordance with this section: There is established the Maritime Washington National Heritage Area in the State of Washington, to include land in Whatcom, Skagit, Snohomish, San Juan, Island, King, Pierce, Thurston, Mason, Kitsap, Jefferson, Clallam, and Grays Harbor Counties in the State that is at least partially located within the area that is 1/4 -mile landward of the shoreline, as generally depicted on the map entitled Maritime Washington National Heritage Area Proposed Boundary , numbered 584/125,484, and dated August, 2014.
The Washington Trust for Historic Preservation shall be the local coordinating entity for the National Heritage Area designated by subparagraph (A). There is established the Mountains to Sound Greenway National Heritage Area in the State of Washington, to consist of land in King and Kittitas Counties in the State, as generally depicted on the map entitled Mountains to Sound Greenway National Heritage Area Proposed Boundary , numbered 584/125,483, and dated August, 2014 (referred to in this paragraph as the map ).
The Mountains to Sound Greenway Trust shall be the local coordinating entity for the National Heritage Area designated by subparagraph (A). The map shall be on file and available for public inspection in the appropriate offices of— the National Park Service; the Forest Service; the Indian Tribes; and the local coordinating entity. Any reference in this paragraph to the terms Indian Tribe and Tribal shall be considered, for purposes of the National Heritage Area designated by subparagraph (A), to refer to each of the Tribal governments of the Snoqualmie, Yakama, Tulalip, Muckleshoot, and Colville Indian Tribes.
With respect to the National Heritage Area designated by subparagraph (A)— the preparation of an interpretive plan under subsection (c)(2)(C)(vii) shall also include plans for Tribal heritage; the Secretary shall ensure that the management plan developed under subsection
(c)is consistent with the trust responsibilities of the Secretary to Indian Tribes and Tribal treaty rights within the National Heritage Area; the interpretive plan and management plan for the National Heritage Area shall be developed in consultation with the Indian Tribes; nothing in this paragraph shall grant or diminish any hunting, fishing, or gathering treaty right of any Indian Tribe; and nothing in this paragraph affects the authority of a State or an Indian Tribe to manage fish and wildlife, including the regulation of hunting and fishing within the National Heritage Area. There is established the Santa Cruz Valley National Heritage Area in the State of Arizona, to consist of land in Pima and Santa Cruz Counties in the State, as generally depicted on the map entitled Santa Cruz Valley National Heritage Area , numbered T09/80,000, and dated November 13, 2007. Santa Cruz Valley Heritage Alliance, Inc., a nonprofit organization established under the laws of the State of Arizona, shall be the local coordinating entity for the National Heritage Area designated by subparagraph (A). There is established the Appalachian Forest National Heritage Area in the States of West Virginia and Maryland, as depicted on the map entitled Appalachian Forest National Heritage Area , numbered T07/80,000, and dated October 2007, including— Barbour, Braxton, Grant, Greenbrier, Hampshire, Hardy, Mineral, Morgan, Nicholas, Pendleton, Pocahontas, Preston, Randolph, Tucker, Upshur, and Webster Counties in West Virginia; and Allegany and Garrett Counties in Maryland. The Appalachian Forest Heritage Area, Inc., shall be— the local coordinating entity for the National Heritage Area designated by subparagraph
(A)(referred to in this subparagraph as the local coordinating entity ); and governed by a board of directors that shall— include members to represent a geographic balance across the counties described in subparagraph
(A)and the States of West Virginia and Maryland; be composed of not fewer than 7, and not more than 15, members elected by the membership of the local coordinating entity; be selected to represent a balanced group of diverse interests, including— the forest industry; environmental interests; cultural heritage interests; tourism interests; and regional agency partners; exercise all corporate powers of the local coordinating entity; manage the activities and affairs of the local coordinating entity; and subject to any limitations in the articles and bylaws of the local coordinating entity, this section, and other applicable Federal or State law, establish the policies of the local coordinating entity. For purposes of carrying out the management plan for each of the National Heritage Areas designated by subsection (a), the Secretary, acting through the local coordinating entity, may use amounts made available under subsection (g)— to make grants to the State or a political subdivision of the State, Indian Tribes, nonprofit organizations, and other persons; 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; to hire and compensate staff, which shall include individuals with expertise in natural, cultural, and historical resources protection, and heritage programming; to obtain money or services from any source including any money or services that are provided under any other Federal law or program; to contract for goods or services; and to undertake to be a catalyst for any other activity that furthers the National Heritage Area and is consistent with the approved management plan. The local coordinating entity for each of the National Heritage Areas designated by subsection
(a)shall— in accordance with subsection (c), prepare and submit a management plan for the National Heritage Area to the Secretary; 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 approved management plan by— carrying out programs and projects that recognize, protect, and enhance important resource values in the National Heritage Area; establishing and maintaining interpretive exhibits and programs in the National Heritage Area; developing recreational and educational opportunities in the National Heritage Area; increasing public awareness of, and appreciation for, natural, historical, scenic, and cultural resources of the National Heritage Area; protecting and restoring historic sites and buildings in the National Heritage Area that are consistent with National Heritage Area themes; ensuring that clear, consistent, and appropriate signs identifying points of public access and sites of interest are posted throughout the National Heritage Area; and promoting a wide range of partnerships among the Federal Government, State, Tribal, and local governments, organizations, and individuals to further the National Heritage Area; 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; conduct meetings open to the public at least semiannually regarding the development and implementation of the management plan; for any year that Federal funds have been received under this subsection— submit to the Secretary an annual report that describes the activities, expenses, and income of the local coordinating entity (including grants to any other entities during the year that the report is made); make available to the Secretary for audit all records relating to the expenditure of the funds and any matching funds; and 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 encourage by appropriate means economic viability that is consistent with the National Heritage Area. The local coordinating entity shall not use Federal funds made available under subsection
(g)to acquire real property or any interest in real property. Not later than 3 years after the date of enactment of this Act, the local coordinating entity for each of the National Heritage Areas designated by subsection
(a)shall submit to the Secretary for approval a proposed management plan for the National Heritage Area. The management plan shall— 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; take into consideration Federal, State, local, and Tribal plans and treaty rights; include— an inventory of— the resources located in the National Heritage Area; and any other property in the National Heritage Area that— is related to the themes of the National Heritage Area; and should be preserved, restored, managed, or maintained because of the significance of the property; comprehensive policies, strategies and recommendations for conservation, funding, management, and development of the National Heritage Area; a description of 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 National Heritage Area; a program of implementation for the management plan by the local coordinating entity that includes a description of— actions to facilitate ongoing collaboration among partners to promote plans for resource protection, restoration, and construction; and 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; the identification of sources of funding for carrying out the management plan; analysis and recommendations for means by which Federal, State, local, and Tribal programs, including the role of the National Park Service in the National Heritage Area, may best be coordinated to carry out this subsection; and an interpretive plan for the National Heritage Area; and 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. 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 section until the date on which the Secretary receives and approves the management plan. Not later than 180 days after the date of receipt of the management plan under paragraph (1), the Secretary, in consultation with State and Tribal governments, shall approve or disapprove the management plan. In determining whether to approve the management plan, the Secretary shall consider whether— the local coordinating entity is representative of the diverse interests of the National Heritage Area, including Federal, State, Tribal, and local governments, natural and historic resource protection organizations, educational institutions, businesses, and recreational organizations; the local coordinating entity has afforded adequate opportunity, including public hearings, for public and governmental involvement in the preparation of the management plan; and 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. If the Secretary disapproves the management plan under subparagraph (A), the Secretary shall— advise the local coordinating entity in writing of the reasons for the disapproval; make recommendations for revisions to the management plan; and 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. The Secretary shall approve or disapprove each amendment to the management plan that the Secretary determines make a substantial change to the management plan. The local coordinating entity shall not use Federal funds authorized by this subsection to carry out any amendments to the management plan until the Secretary has approved the amendments. Nothing in this section affects the authority of a Federal agency to provide technical or financial assistance under any other law. The head of any Federal agency planning to conduct activities that may have an impact on a National Heritage Area designated by subsection
(a)is encouraged to consult and coordinate the activities with the Secretary and the local coordinating entity to the maximum extent practicable. Nothing in this section— modifies, alters, or amends any law or regulation authorizing a Federal agency to manage Federal land under the jurisdiction of the Federal agency; limits the discretion of a Federal land manager to implement an approved land use plan within the boundaries of a National Heritage Area designated by subsection (a); or modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal agency. Nothing in this section— 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 a National Heritage Area designated by subsection (a); 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; alters any duly adopted land use regulation, approved land use plan, or other regulatory authority of any Federal, State, Tribal, or local agency; conveys any land use or other regulatory authority to the local coordinating entity; authorizes or implies the reservation or appropriation of water or water rights; enlarges or diminishes the treaty rights of any Indian Tribe within the National Heritage Area; diminishes— the authority of the State to manage fish and wildlife, including the regulation of fishing and hunting within a National Heritage Area designated by subsection (a); or 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 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. For each of the National Heritage Areas designated by subsection (a), not later than 3 years before the date on which authority for Federal funding terminates for each National Heritage Area, the Secretary shall— conduct an evaluation of the accomplishments of the National Heritage Area; and prepare a report in accordance with paragraph (3). An evaluation conducted under paragraph (1)(A) shall— assess the progress of the local management entity with respect to— accomplishing the purposes of the authorizing legislation for the National Heritage Area; and achieving the goals and objectives of the approved management plan for the National Heritage Area; analyze the investments of the Federal Government, State, Tribal, and local governments, and private entities in each National Heritage Area to determine the impact of the investments; and 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. Based on the evaluation conducted under paragraph (1)(A), 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. There is authorized to be appropriated for each National Heritage Area designated by subsection
(a)to carry out the purposes of this section $10,000,000, of which not more than $1,000,000 may be made available in any fiscal year. Amounts made available under paragraph
(1)shall remain available until expended. The Federal share of the total cost of any activity under this section shall be not more than 50 percent. The non-Federal contribution of the total cost of any activity under this section may be in the form of in-kind contributions of goods or services fairly valued. 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.