Alabama Black Belt National Heritage Area Act

IIB 117TH CONGRESS 2D SESSION H. R. 3222 IN THE SENATE OF THE UNITED STATES JULY 20, 2022 Received; read twice and referred to the Committee on Energy and Natural Resources AN ACT To establish the Alabama Black Belt National Heritage Area, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 01:11 Jul 21, 2022 Jkt 029200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3222.RFS H3222 pbinns on DSKJLVW7X2PROD with $$_JOB 2 HR 3222 RFS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Alabama Black Belt 2 National Heritage Area Act’’. 3 SEC. 2. DEFINITIONS. 4 In this Act: 5 (1) NATIONAL HERITAGE AREA.—The term 6 ‘‘National Heritage Area’’ means the Alabama Black 7 Belt National Heritage Area established by section 8 3(a). 9 (2) LOCAL COORDINATING ENTITY.—The term 10 ‘‘local coordinating entity’’ means the local coordi- 11 nating entity for the National Heritage Area. 12 (3) MANAGEMENT PLAN.—The term ‘‘manage- 13 ment plan’’ means the management plan for the Na- 14 tional Heritage Area prepared under section 5(a). 15 (4) MAP.—The term ‘‘map’’ means the map en- 16 titled ‘‘Alabama Black Belt Proposed National Her- 17 itage Area’’, numbered 258/177,272, and dated Sep- 18 tember 2021. 19 (5) SECRETARY.—The term ‘‘Secretary’’ means 20 the Secretary of the Interior. 21 (6) STATE.—The term ‘‘State’’ means the State 22 of Alabama. 23 VerDate Sep 11 2014 01:11 Jul 21, 2022 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3222.RFS H3222 pbinns on DSKJLVW7X2PROD with $$_JOB 3 HR 3222 RFS SEC. 3. ESTABLISHMENT OF ALABAMA BLACK BELT NA- 1 TIONAL HERITAGE AREA. 2 (a) IN GENERAL.—There is established the Alabama 3 Black Belt National Heritage Area in the State of Ala- 4 bama, to consist of land in Bibb, Bullock, Butler, Choc- 5 taw, Clarke, Conecuh, Dallas, Greene, Hale, Lowndes, 6 Macon, Marengo, Monroe, Montgomery, Perry, Pickens, 7 Sumter, Washington, and Wilcox counties in the State, as 8 generally depicted on the map. 9 (b) LOCAL COORDINATING ENTITY.—The Center for 10 the Study of the Black Belt at the University of West Ala- 11 bama shall serve as the local coordinating entity for the 12 National Heritage Area. 13 SEC. 4. ADMINISTRATION. 14 (a) AUTHORITIES.—For purposes of carrying out the 15 management plan for the National Heritage Area, the Sec- 16 retary acting through the local coordinating entity may 17 use amounts made available under this Act— 18 (1) to make grants to the State or a political 19 subdivision of the State, Indian Tribes, nonprofit or- 20 ganizations, and other persons; 21 (2) to enter into cooperative agreements with, 22 or provide technical assistance to, the State or a po- 23 litical subdivision of the State, Indian Tribes, non- 24 profit organizations, and other interested parties; 25 VerDate Sep 11 2014 01:11 Jul 21, 2022 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3222.RFS H3222 pbinns on DSKJLVW7X2PROD with $$_JOB 4 HR 3222 RFS (3) to hire and compensate staff, which shall in- 1 clude individuals with expertise in natural, cultural, 2 and historical resources protection and heritage pro- 3 gramming; 4 (4) to obtain money or services from any 5 source, including any money or services that are pro- 6 vided under any other Federal law or program, pro- 7 vided that any money specifically authorized for Na- 8 tional Heritage areas shall be subject to a 50 per- 9 cent cost-share requirement; 10 (5) to contract for goods or services; and 11 (6) to undertake or be a catalyst for any other 12 activity that furthers the purposes of the National 13 Heritage Area and is consistent with the approved 14 management plan. 15 (b) DUTIES.—The local coordinating entity for the 16 National Heritage Area shall— 17 (1) in accordance with section 5, prepare and 18 submit a management plan for the National Herit- 19 age Area to the Secretary; 20 (2) assist Federal agencies, the State or a polit- 21 ical subdivision of the State, Indian Tribes, regional 22 planning organizations, nonprofit organizations, and 23 other interested parties in carrying out the approved 24 management plan by— 25 VerDate Sep 11 2014 01:11 Jul 21, 2022 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3222.RFS H3222 pbinns on DSKJLVW7X2PROD with $$_JOB 5 HR 3222 RFS (A) carrying out programs and projects 1 that recognize, protect, and enhance important 2 resource values in the National Heritage Area; 3 (B) establishing and maintaining interpre- 4 tive exhibits and programs in the National Her- 5 itage Area; 6 (C) developing recreational, interpretive, 7 and educational opportunities in the National 8 Heritage Area; 9 (D) increasing public awareness of, and 10 appreciation for, natural, historical, scenic, and 11 cultural resources of the National Heritage 12 Area; 13 (E) protecting and restoring historic sites 14 and buildings in the National Heritage Area 15 that are consistent with the themes of the Na- 16 tional Heritage Area; 17 (F) ensuring that clear, consistent, and ap- 18 propriate signs identifying points of public ac- 19 cess and sites of interest are posted throughout 20 the National Heritage Area; and 21 (G) promoting a wide range of partner- 22 ships among the Federal Government, State, 23 Tribal, and local governments, organizations, 24 VerDate Sep 11 2014 01:11 Jul 21, 2022 Jkt 029200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3222.RFS H3222 pbinns on DSKJLVW7X2PROD with $$_JOB 6 HR 3222 RFS and individuals to further the purposes of the 1 National Heritage Area; 2 (3) consider the interests of diverse units of 3 government, businesses, organizations, and individ- 4 uals in the National Heritage Area in the prepara- 5 tion and implementation of the management plan; 6 (4) conduct meetings open to the public not less 7 frequently than semiannually regarding the develop- 8 ment and implementation of the management plan; 9 (5) for any year that Federal funds have been 10 received under this Act— 11 (A) submit to the Secretary an annual re- 12 port that describes the activities, expenses, and 13 income of the local coordinating entity (includ- 14 ing grants to any other entities during the year 15 that the report is made); 16 (B) make available to the Secretary for 17 audit all records relating to the expenditure of 18 the funds and any matching funds; and 19 (C) encourage by appropriate means eco- 20 nomic viability that is consistent with the Na- 21 tional Heritage Area. 22 (c) PROHIBITION ON THE ACQUISITION OF REAL 23 PROPERTY.—The local coordinating entity shall not use 24 VerDate Sep 11 2014 01:11 Jul 21, 2022 Jkt 029200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3222.RFS H3222 pbinns on DSKJLVW7X2PROD with $$_JOB 7 HR 3222 RFS Federal funds to acquire real property or any interest in 1 real property. 2 SEC. 5. MANAGEMENT PLAN. 3 (a) IN GENERAL.—Not later than 3 years after the 4 date of enactment of this Act, the local coordinating entity 5 of the National Heritage Area shall submit to the Sec- 6 retary for approval a proposed management plan for the 7 National Heritage Area. 8 (b) REQUIREMENTS.—The management plan shall— 9 (1) incorporate an integrated and cooperative 10 approach for the protection, enhancement, and inter- 11 pretation of the natural, cultural, historic, scenic, 12 and recreational resources of the National Heritage 13 Area; 14 (2) take into consideration Federal, State, local, 15 and Tribal plans and treaty rights; 16 (3) include— 17 (A) an inventory of— 18 (i) the resources located in the Na- 19 tional Heritage Area; and 20 (ii) any other property in the National 21 Heritage Area that— 22 (I) is related to the themes of the 23 National Heritage Area; and 24 VerDate Sep 11 2014 01:11 Jul 21, 2022 Jkt 029200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3222.RFS H3222 pbinns on DSKJLVW7X2PROD with $$_JOB 8 HR 3222 RFS (II) should be preserved, re- 1 stored, managed, or maintained be- 2 cause of the significance of the prop- 3 erty; 4 (B) comprehensive policies, strategies, and 5 recommendations for the conservation, funding, 6 management, and development of the National 7 Heritage Area; 8 (C) a description of activities that the Fed- 9 eral Government, State, Tribal, and local gov- 10 ernments, private organizations, and individuals 11 have agreed to carry out to protect the natural, 12 historical, cultural, scenic, and recreational re- 13 sources of the National Heritage Area; 14 (D) a program of implementation for the 15 management plan by the local coordinating en- 16 tity that includes a description of— 17 (i) actions to facilitate ongoing col- 18 laboration among partners to promote 19 plans for resource protection, restoration, 20 and construction; and 21 (ii) specific commitments for imple- 22 mentation that have been made by the 23 local coordinating entity or any unit of 24 VerDate Sep 11 2014 01:11 Jul 21, 2022 Jkt 029200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3222.RFS H3222 pbinns on DSKJLVW7X2PROD with $$_JOB 9 HR 3222 RFS government, organization, or individual for 1 the first 5 years of operation; 2 (E) the identification of sources of funding 3 for carrying out the management plan; 4 (F) analysis and recommendations for 5 means by which Federal, State, local, and Trib- 6 al programs, including the role of the National 7 Park Service in the National Heritage Area, 8 may best be coordinated to carry out this Act; 9 and 10 (G) an interpretive plan for the National 11 Heritage Area; and 12 (4) recommend policies and strategies for re- 13 source management that consider and detail the ap- 14 plication of appropriate land and water management 15 techniques, including the development of intergov- 16 ernmental and interagency cooperative agreements 17 to protect the natural, historical, cultural, edu- 18 cational, scenic, and recreational resources of the 19 National Heritage Area. 20 (c) DEADLINE.—If a proposed management plan is 21 not submitted to the Secretary by the date that is 3 years 22 after the date of enactment of this Act, the local coordi- 23 nating entity shall be ineligible to receive additional fund- 24 VerDate Sep 11 2014 01:11 Jul 21, 2022 Jkt 029200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3222.RFS H3222 pbinns on DSKJLVW7X2PROD with $$_JOB 10 HR 3222 RFS ing under this Act until the date on which the Secretary 1 approves the management plan. 2 (d) APPROVAL OR DISAPPROVAL OF MANAGEMENT 3 PLAN.— 4 (1) IN GENERAL.—Not later than 180 days 5 after the date of receipt of the management plan 6 under this section, the Secretary, in consultation 7 with State and Tribal governments, shall approve or 8 disapprove the management plan. 9 (2) CRITERIA FOR APPROVAL.—In determining 10 whether to approve the management plan, the Sec- 11 retary shall consider whether— 12 (A) the local coordinating entity is rep- 13 resentative of the diverse interests of the Na- 14 tional Heritage Area, including the Federal, 15 State, Tribal, and local governments, natural 16 and historic resource protection organizations, 17 educational institutions, businesses, and rec- 18 reational organizations; 19 (B) the local coordinating entity has af- 20 forded adequate opportunity, including public 21 hearings, for public and governmental involve- 22 ment in the preparation of the management 23 plan; and 24 VerDate Sep 11 2014 01:11 Jul 21, 2022 Jkt 029200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3222.RFS H3222 pbinns on DSKJLVW7X2PROD with $$_JOB 11 HR 3222 RFS (C) the resource protection and interpreta- 1 tion strategies contained in the management 2 plan, if implemented, would adequately protect 3 the natural, historical, and cultural resources of 4 the National Heritage Area. 5 (3) ACTION FOLLOWING DISAPPROVAL.—If the 6 Secretary disapproves the management plan under 7 paragraph (1), the Secretary shall— 8 (A) advise the local coordinating entity in 9 writing the reasons for the disapproval; 10 (B) make recommendations for revisions to 11 the management plan; and 12 (C) not later than 180 days after the re- 13 ceipt of any proposed revision of the manage- 14 ment plan from the local coordinating entity, 15 approve or disapprove the proposed revision. 16 (4) AMENDMENTS.— 17 (A) IN GENERAL.—The Secretary shall ap- 18 prove or disapprove each amendment to the 19 management plan that the Secretary determines 20 make a substantial change to the management 21 plan. 22 (B) USE OF FUNDS.—The local coordi- 23 nating entity shall not use Federal funds to 24 carry out any amendment to the management 25 VerDate Sep 11 2014 01:11 Jul 21, 2022 Jkt 029200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H3222.RFS H3222 pbinns on DSKJLVW7X2PROD with $$_JOB 12 HR 3222 RFS plan until the date on which the Secretary has 1 approved the amendment. 2 SEC. 6. RELATIONSHIP TO OTHER FEDERAL AGENCIES. 3 (a) IN GENERAL.—Nothing in this Act affects the au- 4 thority of a Federal agency to provide technical or finan- 5 cial assistance under any other law. 6 (b) CONSULTATION AND COORDINATION.—The head 7 of any Federal agency planning to conduct activities that 8 may have an impact on the National Heritage Area is en- 9 couraged to consult and coordinate the activities with the 10 Secretary and the local coordinating entity to the max- 11 imum extent practicable. 12 (c) OTHER FEDERAL AGENCIES.—Nothing in this 13 Act— 14 (1) modifies, alters, or amends any law or regu- 15 lations authorizing a Federal agency to manage Fed- 16 eral land under the jurisdiction of the Federal agen- 17 cy; 18 (2) limits the discretion of a Federal land man- 19 ager to implement an approved land use plan within 20 the boundaries of the National Heritage Area; or 21 (3) modifies, alters, or amends any authorized 22 use of Federal land under the jurisdiction of a Fed- 23 eral agency. 24 VerDate Sep 11 2014 01:11 Jul 21, 2022 Jkt 029200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H3222.RFS H3222 pbinns on DSKJLVW7X2PROD with $$_JOB 13 HR 3222 RFS SEC. 7. PRIVATE PROPERTY AND REGULATORY PROTEC- 1 TIONS. 2 Nothing in this Act— 3 (1) abridges the rights of any property owner 4 (whether public or private), including the right to re- 5 frain from participating in any plan, project, pro- 6 gram, or activity conducted within the National Her- 7 itage Area; 8 (2) requires any property owner— 9 (A) to permit public access (including ac- 10 cess by Federal, State, or local agencies) to the 11 property of the property owner; or 12 (B) to modify public access or use of prop- 13 erty of the property owner under any other 14 Federal, State, or local law; 15 (3) alters any duly adopted land use regulation, 16 approved land use plan, or other regulatory author- 17 ity of any [Text truncated for display. Full text available on Congress.gov.]