Nation’s Oldest Port National Heritage Area Act

IB Union Calendar No. 317 117TH CONGRESS 2D SESSION H. R. 2107 [Report No. 117–410] To establish the Nation’s Oldest Port National Heritage Area in the State of Florida, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MARCH 19, 2021 Mr. RUTHERFORD (for himself, Mr. WALTZ, and Mr. LAWSON of Florida) in- troduced the following bill; which was referred to the Committee on Nat- ural Resources JULY 14, 2022 Additional sponsors: Mrs. MURPHY of Florida, Mr. DIAZ-BALART, Ms. LOIS FRANKEL of Florida, Mr. BILIRAKIS, Mr. STEUBE, Ms. SALAZAR, Mr. CRIST, Mr. SOTO, Ms. CASTOR of Florida, Ms. WASSERMAN SCHULTZ, Mrs. DEMINGS, Mr. C. SCOTT FRANKLIN of Florida, Mrs. CAMMACK, Mr. GAETZ, Mr. DUNN, and Mr. MAST JULY 14, 2022 Deleted sponsor: Mr. GAETZ (added July 9, 2021; deleted June 15, 2022) JULY 14, 2022 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed [Strike out all after the enacting clause and insert the part printed in italic] [For text of introduced bill, see copy of bill as introduced on March 19, 2021] VerDate Sep 11 2014 23:32 Jul 14, 2022 Jkt 029200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H2107.RH H2107 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 2107 RH A BILL To establish the Nation’s Oldest Port National Heritage Area in the State of Florida, and for other purposes. VerDate Sep 11 2014 23:32 Jul 14, 2022 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6652 E:\BILLS\H2107.RH H2107 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 2107 RH Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Nation’s Oldest Port 4 National Heritage Area Act’’. 5 SEC. 2. DEFINITIONS. 6 In this Act: 7 (1) NATIONAL HERITAGE AREA.—The term ‘‘Na- 8 tional Heritage Area’’ means the Nation’s Oldest Port 9 National Heritage Area established by section 3(a). 10 (2) LOCAL COORDINATING ENTITY.—The term 11 ‘‘local coordinating entity’’ means the local coordi- 12 nating entity for the National Heritage Area. 13 (3) MANAGEMENT PLAN.—The term ‘‘manage- 14 ment plan’’ means the management plan for the Na- 15 tional Heritage Area required under section 5(a). 16 (4) MAP.—The term ‘‘map’’ means the map enti- 17 tled ‘‘Nation’s Oldest Port National Heritage Area 18 Proposed Boundary Map’’, numbered 524/173745 and 19 dated October 2020. 20 (5) SECRETARY.—The term ‘‘Secretary’’ means 21 the Secretary of the Interior. 22 (6) STATE.—The term ‘‘State’’ means the State 23 of Florida. 24 VerDate Sep 11 2014 23:32 Jul 14, 2022 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6203 E:\BILLS\H2107.RH H2107 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 2107 RH SEC. 3. ESTABLISHMENT OF THE NATION’S OLDEST PORT 1 NATIONAL HERITAGE AREA. 2 (a) IN GENERAL.—There is established the Nation’s 3 Oldest Port National Heritage Area in the State of Florida, 4 to consist of natural watersheds in Nassau, Duval, St. 5 Johns, and Flagler counties in the State, as generally de- 6 picted on the map. 7 (b) LOCAL COORDINATING ENTITY.—The Nation’s Old- 8 est Port Heritage Area Alliance, Inc., shall serve as the local 9 coordinating entity for the National Heritage Area. 10 SEC. 4. ADMINISTRATION. 11 (a) AUTHORITIES.—For purposes of carrying out the 12 management plan for the National Heritage Area, the Sec- 13 retary acting through the local coordinating entity may use 14 amounts made available under this Act— 15 (1) to make grants to the State or a political 16 subdivision of the State, Indian Tribes, nonprofit or- 17 ganizations, and other persons; 18 (2) to enter into cooperative agreements with, or 19 provide technical assistance to, the State or a polit- 20 ical subdivision of the State, Indian Tribes, nonprofit 21 organizations, and other interested parties; 22 (3) to hire and compensate staff, which shall in- 23 clude individuals with expertise in natural, cultural, 24 and historical resources protection and heritage pro- 25 gramming; 26 VerDate Sep 11 2014 23:32 Jul 14, 2022 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6203 E:\BILLS\H2107.RH H2107 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 2107 RH (4) to obtain money or services from any source, 1 including any money or services that are provided 2 under any other Federal law or program, provided 3 that any money specifically authorized for National 4 Heritage areas shall be subject to a 50 percent cost- 5 share requirement; 6 (5) to contract for goods or services; and 7 (6) to undertake or be a catalyst for any other 8 activity that furthers the purposes of the National 9 Heritage Area and is consistent with the approved 10 management plan. 11 (b) DUTIES.—The local coordinating entity for the Na- 12 tional Heritage Area shall— 13 (1) in accordance with section 5, prepare and 14 submit a management plan for the National Heritage 15 Area to the Secretary; 16 (2) assist Federal agencies, the State or a polit- 17 ical subdivision of the State, Indian Tribes, regional 18 planning organizations, nonprofit organizations, and 19 other interested parties in carrying out the approved 20 management plan by— 21 (A) carrying out programs and projects 22 that recognize, protect, and enhance important 23 resource values in the National Heritage Area; 24 VerDate Sep 11 2014 23:32 Jul 14, 2022 Jkt 029200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\H2107.RH H2107 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 2107 RH (B) establishing and maintaining interpre- 1 tive exhibits and programs in the National Her- 2 itage Area; 3 (C) developing recreational, interpretive, 4 and educational opportunities in the National 5 Heritage Area; 6 (D) increasing public awareness of, and ap- 7 preciation for, natural, historical, scenic, and 8 cultural resources of the National Heritage Area; 9 (E) protecting and restoring historic sites 10 and buildings in the National Heritage Area 11 that are consistent with the themes of the Na- 12 tional Heritage Area; 13 (F) ensuring that clear, consistent, and ap- 14 propriate signs identifying points of public ac- 15 cess and sites of interest are posted throughout 16 the National Heritage Area; and 17 (G) promoting a wide range of partnerships 18 among the Federal Government, State, Tribal, 19 and local governments, organizations, and indi- 20 viduals to further the purposes of the National 21 Heritage Area; 22 (3) consider the interests of diverse units of gov- 23 ernment, businesses, organizations, and individuals 24 VerDate Sep 11 2014 23:32 Jul 14, 2022 Jkt 029200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 E:\BILLS\H2107.RH H2107 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 2107 RH in the National Heritage Area in the preparation and 1 implementation of the management plan; 2 (4) conduct meetings open to the public not less 3 frequently than semiannually regarding the develop- 4 ment and implementation of the management plan; 5 and 6 (5) for any year that Federal funds have been re- 7 ceived under this Act— 8 (A) submit to the Secretary an annual re- 9 port that describes the activities, expenses, and 10 income of the local coordinating entity (includ- 11 ing grants to any other entities during the year 12 that the report is made); 13 (B) make available to the Secretary for 14 audit all records relating to the expenditure of 15 the funds and any matching funds; and 16 (C) encourage by appropriate means eco- 17 nomic viability that is consistent with the Na- 18 tional Heritage Area. 19 (c) PROHIBITION ON THE ACQUISITION OF REAL 20 PROPERTY.—The local coordinating entity shall not use 21 Federal funds to acquire real property or any interest in 22 real property. 23 VerDate Sep 11 2014 23:32 Jul 14, 2022 Jkt 029200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\H2107.RH H2107 kjohnson on DSK79L0C42PROD with BILLS 8 •HR 2107 RH SEC. 5. MANAGEMENT PLAN. 1 (a) IN GENERAL.—Not later than 3 years after the 2 date of enactment of this Act, the local coordinating entity 3 of the National Heritage Area shall submit to the Secretary 4 for approval a proposed management plan for the National 5 Heritage Area. 6 (b) REQUIREMENTS.—The management plan shall— 7 (1) incorporate an integrated and cooperative 8 approach for the protection, enhancement, and inter- 9 pretation of the natural, cultural, historic, scenic, and 10 recreational resources of the National Heritage Area; 11 (2) take into consideration Federal, State, local, 12 and Tribal plans and treaty rights; 13 (3) include— 14 (A) an inventory of— 15 (i) the resources located in the Na- 16 tional Heritage Area; and 17 (ii) any other property in the National 18 Heritage Area that— 19 (I) is related to the themes of the 20 National Heritage Area; and 21 (II) should be preserved, restored, 22 managed, or maintained because of the 23 significance of the property; 24 (B) comprehensive policies, strategies, and 25 recommendations for the conservation, funding, 26 VerDate Sep 11 2014 23:32 Jul 14, 2022 Jkt 029200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6203 E:\BILLS\H2107.RH H2107 kjohnson on DSK79L0C42PROD with BILLS 9 •HR 2107 RH management, and development of the National 1 Heritage Area; 2 (C) a description of activities that the Fed- 3 eral Government, State, Tribal, and local govern- 4 ments, private organizations, and individuals 5 have agreed to carry out to protect the natural, 6 historical, cultural, scenic, and recreational re- 7 sources of the National Heritage Area; 8 (D) a program of implementation for the 9 management plan by the local coordinating enti- 10 ty that includes a description of— 11 (i) actions to facilitate ongoing collabo- 12 ration among partners to promote plans for 13 resource protection, restoration, and con- 14 struction; and 15 (ii) specific commitments for imple- 16 mentation that have been made by the local 17 coordinating entity or any unit of govern- 18 ment, organization, or individual for the 19 first 5 years of operation; 20 (E) the identification of sources of funding 21 for carrying out the management plan; 22 (F) analysis and recommendations for 23 means by which Federal, State, local, and Tribal 24 programs, including the role of the National 25 VerDate Sep 11 2014 23:32 Jul 14, 2022 Jkt 029200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6203 E:\BILLS\H2107.RH H2107 kjohnson on DSK79L0C42PROD with BILLS 10 •HR 2107 RH Park Service in the National Heritage Area, 1 may best be coordinated to carry out this Act; 2 and 3 (G) an interpretive plan for the National 4 Heritage Area; and 5 (4) recommend policies and strategies for re- 6 source management that consider and detail the ap- 7 plication of appropriate land and water management 8 techniques, including the development of intergovern- 9 mental and interagency cooperative agreements to 10 protect the natural, historical, cultural, educational, 11 scenic, and recreational resources of the National 12 Heritage Area. 13 (c) DEADLINE.—If a proposed management plan is 14 not submitted to the Secretary by the date that is 3 years 15 after the date of enactment of this Act, the local coordi- 16 nating entity shall be ineligible to receive additional fund- 17 ing under this Act until the date on which the Secretary 18 approves the management plan. 19 (d) APPROVAL OR DISAPPROVAL OF MANAGEMENT 20 PLAN.— 21 (1) IN GENERAL.—Not later than 180 days after 22 the date of receipt of the management plan required 23 under this section, the Secretary, in consultation with 24 VerDate Sep 11 2014 23:32 Jul 14, 2022 Jkt 029200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6203 E:\BILLS\H2107.RH H2107 kjohnson on DSK79L0C42PROD with BILLS 11 •HR 2107 RH State and Tribal governments, shall approve or dis- 1 approve the management plan. 2 (2) CRITERIA FOR APPROVAL.—In determining 3 whether to approve the management plan, the Sec- 4 retary shall consider whether— 5 (A) the local coordinating entity is rep- 6 resentative of the diverse interests of the National 7 Heritage Area, including Federal, State, Tribal, 8 and local governments, natural and historic re- 9 source protection organizations, educational in- 10 stitutions, businesses, and recreational organiza- 11 tions; 12 (B) the local coordinating entity has af- 13 forded adequate opportunity, including public 14 hearings, for public and governmental involve- 15 ment in the preparation of the management 16 plan; and 17 (C) the resource protection and interpreta- 18 tion strategies contained in the management 19 plan, if implemented, would adequately protect 20 the natural, historical, and cultural resources of 21 the National Heritage Area. 22 (3) ACTION FOLLOWING DISAPPROVAL.—If the 23 Secretary disapproves the management plan under 24 paragraph (1), the Secretary shall— 25 VerDate Sep 11 2014 23:32 Jul 14, 2022 Jkt 029200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6203 E:\BILLS\H2107.RH H2107 kjohnson on DSK79L0C42PROD with BILLS 12 •HR 2107 RH (A) advise the local coordinating entity in 1 writing of the reasons for the disapproval; 2 (B) make recommendations for revisions to 3 the management plan; and 4 (C) not later than 180 days after the receipt 5 of any proposed revision of the management 6 plan from the local coordinating entity, approve 7 or disapprove the proposed revision. 8 (4) AMENDMENTS.— 9 (A) IN GENERAL.—The Secretary shall ap- 10 prove or disapprove each amendment of the man- 11 agement plan that the Secretary determines 12 make a substantial change to the management 13 plan. 14 (B) USE OF FUNDS.—The local coordi- 15 nating entity shall not use Federal funds to 16 carry out any amendment to the management 17 plan until the Secretary has approved the 18 amendment. 19 SEC. 6. RELATIONSHIP TO OTHER FEDERAL AGENCIES. 20 (a) IN GENERAL.—Nothing in this Act affects the au- 21 thority of a Federal agency to provide technical or financial 22 assistance under any other law. 23 (b) CONSULTATION AND COORDINATION.—The head of 24 any Federal agency planning to conduct activities that may 25 VerDate Sep 11 2014 23:32 Jul 14, 2022 Jkt 029200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6203 E:\BILLS\H2107.RH H2107 kjohnson on DSK79L0C42PROD with BILLS 13 •HR 2107 RH have an impact on the National Heritage Area is encour- 1 aged to consult and coordinate the activities with the Sec- 2 retary and the local coordinating entity to the maximum 3 extent practicable. 4 (c) OTHER FEDERAL AGENCIES.—Nothing in this 5 Act— 6 (1) modifies, alters, or amends any law or regu- 7 lations authorizing a Federal agency to manage Fed- 8 eral land under the jurisdiction of the Federal agency; 9 (2) limits the discretion of a Federal land man- 10 ager to implement an approved land use plan within 11 the boundaries of the National Heritage Area; or 12 (3) modifies, alters, or amends any authorized 13 [Text truncated for display. 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