Sacramento-San Joaquin Delta National Heritage Area Act

II 116TH CONGRESS 1ST SESSION S. 316 To establish the Sacramento-San Joaquin Delta National Heritage Area. IN THE SENATE OF THE UNITED STATES FEBRUARY 4, 2019 Mrs. FEINSTEIN introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To establish the Sacramento-San Joaquin Delta National Heritage Area. 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 ‘‘Sacramento-San Joa- 4 quin Delta National Heritage Area Act’’. 5 SEC. 2. DEFINITIONS. 6 In this Act: 7 (1) HERITAGE AREA.—The term ‘‘Heritage 8 Area’’ means the Sacramento-San Joaquin Delta 9 Heritage Area established by section 3(a). 10 VerDate Sep 11 2014 03:35 Feb 12, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S316.IS S316 kjohnson on DSK79L0C42 with BILLS 2 •S 316 IS (2) HERITAGE AREA MANAGEMENT PLAN.—The 1 term ‘‘Heritage Area management plan’’ means the 2 plan developed and adopted by the local coordinating 3 entity under this Act. 4 (3) LOCAL COORDINATING ENTITY.—The term 5 ‘‘local coordinating entity’’ means the local coordi- 6 nating entity for the Heritage Area designated by 7 section 3(d). 8 (4) SECRETARY.—The term ‘‘Secretary’’ means 9 the Secretary of the Interior. 10 (5) STATE.—The term ‘‘State’’ means the State 11 of California. 12 SEC. 3. SACRAMENTO-SAN JOAQUIN DELTA HERITAGE 13 AREA. 14 (a) ESTABLISHMENT.—There is established the 15 ‘‘Sacramento-San Joaquin Delta Heritage Area’’ in the 16 State. 17 (b) BOUNDARIES.—The boundaries of the Heritage 18 Area shall be in the counties of Contra Costa, Sacramento, 19 San Joaquin, Solano, and Yolo in the State of California, 20 as generally depicted on the map entitled ‘‘Sacramento- 21 San Joaquin Delta National Heritage Area Proposed 22 Boundary’’, numbered T27/105,030, and dated October 23 2012. 24 VerDate Sep 11 2014 03:35 Feb 12, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S316.IS S316 kjohnson on DSK79L0C42 with BILLS 3 •S 316 IS (c) AVAILABILITY OF MAP.—The map described in 1 subsection (b) shall be on file and available for public in- 2 spection in the appropriate offices of the National Park 3 Service and the Delta Protection Commission. 4 (d) LOCAL COORDINATING ENTITY.—The local co- 5 ordinating entity for the Heritage Area shall be the Delta 6 Protection Commission established by section 29735 of 7 the California Public Resources Code. 8 (e) ADMINISTRATION.— 9 (1) AUTHORITIES.—For purposes of carrying 10 out the Heritage Area management plan, the Sec- 11 retary, acting through the local coordinating entity, 12 may use amounts made available under this Act 13 to— 14 (A) make grants to the State or a political 15 subdivision of the State, nonprofit organiza- 16 tions, and other persons; 17 (B) enter into cooperative agreements 18 with, or provide technical assistance to, the 19 State or a political subdivision of the State, 20 nonprofit organizations, and other interested 21 parties; 22 (C) hire and compensate staff, which shall 23 include individuals with expertise in natural, 24 VerDate Sep 11 2014 03:35 Feb 12, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S316.IS S316 kjohnson on DSK79L0C42 with BILLS 4 •S 316 IS cultural, and historical resources protection, 1 and heritage programming; 2 (D) obtain money or services from any 3 source including any that are provided under 4 any other Federal law or program; 5 (E) contract for goods or services; and 6 (F) undertake to be a catalyst for any 7 other activity that furthers the Heritage Area 8 and is consistent with the approved Heritage 9 Area management plan. 10 (2) DUTIES.—The local coordinating entity 11 shall— 12 (A) in accordance with subsection (f), pre- 13 pare and submit a Heritage Area management 14 plan to the Secretary; 15 (B) assist units of local government, re- 16 gional planning organizations, and nonprofit or- 17 ganizations in carrying out the approved Herit- 18 age Area management plan by— 19 (i) carrying out programs and projects 20 that recognize, protect, and enhance im- 21 portant resource values in the Heritage 22 Area; 23 VerDate Sep 11 2014 03:35 Feb 12, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S316.IS S316 kjohnson on DSK79L0C42 with BILLS 5 •S 316 IS (ii) establishing and maintaining in- 1 terpretive exhibits and programs in the 2 Heritage Area; 3 (iii) developing recreational and edu- 4 cational opportunities in the Heritage 5 Area; 6 (iv) increasing public awareness of, 7 and appreciation for, natural, historical, 8 scenic, and cultural resources of the Herit- 9 age Area; 10 (v) protecting and restoring historic 11 sites and buildings in the Heritage Area 12 that are consistent with Heritage Area 13 themes; 14 (vi) ensuring that clear, consistent, 15 and appropriate signs identifying points of 16 public access, and sites of interest are 17 posted throughout the Heritage Area; and 18 (vii) promoting a wide range of part- 19 nerships among governments, organiza- 20 tions, and individuals to further the Herit- 21 age Area; 22 (C) consider the interests of diverse units 23 of government, businesses, organizations, and 24 individuals in the Heritage Area in the prepara- 25 VerDate Sep 11 2014 03:35 Feb 12, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S316.IS S316 kjohnson on DSK79L0C42 with BILLS 6 •S 316 IS tion and implementation of the Heritage Area 1 management plan; 2 (D) conduct meetings open to the public at 3 least semiannually regarding the development 4 and implementation of the Heritage Area man- 5 agement plan; 6 (E) for any year that Federal funds have 7 been received under this Act— 8 (i) submit an annual report to the 9 Secretary that describes the activities, ex- 10 penses, and income of the local coordi- 11 nating entity (including grants to any 12 other entities during the year that the re- 13 port is made); 14 (ii) make available to the Secretary 15 for audit all records relating to the expend- 16 iture of the funds and any matching funds; 17 and 18 (iii) require, with respect to all agree- 19 ments authorizing expenditure of Federal 20 funds by other organizations, that the or- 21 ganizations receiving the funds make avail- 22 able to the Secretary for audit all records 23 concerning the expenditure of the funds; 24 and 25 VerDate Sep 11 2014 03:35 Feb 12, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S316.IS S316 kjohnson on DSK79L0C42 with BILLS 7 •S 316 IS (F) encourage by appropriate means eco- 1 nomic viability that is consistent with the Herit- 2 age Area. 3 (3) PROHIBITION ON THE ACQUISITION OF 4 REAL PROPERTY.—The local coordinating entity 5 shall not use Federal funds made available under 6 this Act to acquire real property or any interest in 7 real property. 8 (4) COST-SHARING REQUIREMENT.—The Fed- 9 eral share of the cost of any activity carried out 10 using any assistance made available under this Act 11 shall be 50 percent. 12 (f) HERITAGE AREA MANAGEMENT PLAN.— 13 (1) IN GENERAL.—Not later than 3 years after 14 the date of enactment of this Act, the local coordi- 15 nating entity shall submit to the Secretary for ap- 16 proval a proposed Heritage Area management plan. 17 (2) REQUIREMENTS.—The Heritage Area man- 18 agement plan shall— 19 (A) incorporate an integrated and coopera- 20 tive approach to agricultural resources and ac- 21 tivities, flood protection facilities, and other 22 public infrastructure; 23 (B) emphasize the importance of the re- 24 sources described in subparagraph (A); 25 VerDate Sep 11 2014 03:35 Feb 12, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S316.IS S316 kjohnson on DSK79L0C42 with BILLS 8 •S 316 IS (C) take into consideration State and local 1 plans; 2 (D) include— 3 (i) an inventory of— 4 (I) the resources located in the 5 core area described in subsection (b); 6 and 7 (II) any other property in the 8 core area that— 9 (aa) is related to the themes 10 of the Heritage Area; and 11 (bb) should be preserved, re- 12 stored, managed, or maintained 13 because of the significance of the 14 property; 15 (ii) comprehensive policies, strategies 16 and recommendations for conservation, 17 funding, management, and development of 18 the Heritage Area; 19 (iii) a description of actions that gov- 20 ernments, private organizations, and indi- 21 viduals have agreed to take to protect the 22 natural, historical and cultural resources of 23 the Heritage Area; 24 VerDate Sep 11 2014 03:35 Feb 12, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S316.IS S316 kjohnson on DSK79L0C42 with BILLS 9 •S 316 IS (iv) a program of implementation for 1 the Heritage Area management plan by 2 the local coordinating entity that includes 3 a description of— 4 (I) actions to facilitate ongoing 5 collaboration among partners to pro- 6 mote plans for resource protection, 7 restoration, and construction; and 8 (II) specific commitments for im- 9 plementation that have been made by 10 the local coordinating entity or any 11 government, organization, or indi- 12 vidual for the first 5 years of oper- 13 ation; 14 (v) the identification of sources of 15 funding for carrying out the Heritage Area 16 management plan; 17 (vi) analysis and recommendations for 18 means by which local, State, and Federal 19 programs, including the role of the Na- 20 tional Park Service in the Heritage Area, 21 may best be coordinated to carry out this 22 Act; and 23 (vii) an interpretive plan for the Her- 24 itage Area; and 25 VerDate Sep 11 2014 03:35 Feb 12, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S316.IS S316 kjohnson on DSK79L0C42 with BILLS 10 •S 316 IS (E) recommend policies and strategies for 1 resource management that consider and detail 2 the application of appropriate land and water 3 management techniques, including the develop- 4 ment of intergovernmental and interagency co- 5 operative agreements to protect the natural, 6 historical, cultural, educational, scenic, and rec- 7 reational resources of the Heritage Area. 8 (3) RESTRICTIONS.—The Heritage Area man- 9 agement plan submitted under this subsection 10 shall— 11 (A) ensure participation by appropriate 12 Federal, State, tribal, and local agencies, in- 13 cluding the Delta Stewardship Council, special 14 districts, natural and historical resource protec- 15 tion and agricultural organizations, educational 16 institutions, businesses, recreational organiza- 17 tions, community residents, and private prop- 18 erty owners; and 19 (B) not be approved until the Secretary 20 has received certification from the Delta Protec- 21 tion Commission that the Delta Stewardship 22 Council has reviewed the Heritage Area man- 23 agement plan for consistency with the plan 24 VerDate Sep 11 2014 03:35 Feb 12, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S316.IS S316 kjohnson on DSK79L0C42 with BILLS 11 •S 316 IS adopted by the Delta Stewardship Council pur- 1 suant to State law. 2 (4) DEADLINE.—If a proposed Heritage Area 3 management plan is not submitted to the Secretary 4 by the date that is 3 years after the date of enact- 5 ment of this Act, the local coordinating entity shall 6 be ineligible to receive additional funding under this 7 Act until the date that the Secretary receives and 8 approves the Heritage Area management plan. 9 (5) APPROVAL OR DISAPPROVAL OF HERITAGE 10 AREA MANAGEMENT PLAN.— 11 (A) IN GENERAL.—Not later than 180 12 days after the date of receipt of the Heritage 13 Area management plan under paragraph (1), 14 the Secretary, in consultation with the State, 15 shall approve or disapprove the Heritage Area 16 management plan. 17 (B) CRITERIA FOR APPROVAL.—In deter- 18 mining whether to approve the Heritage Area 19 management plan, the Secretary shall consider 20 whether— 21 (i) the local coordinating entity is rep- 22 resentative of the diverse interests of the 23 Heritage Area, including governments, nat- 24 ural and historic resource protection orga- 25 VerDate Sep 11 2014 03:35 Feb 12, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S316.IS S316 kjohnson on DSK79L0C42 with BILLS 12 •S 316 IS nizations, educational institutions, busi- 1 nesses, and recreational organizations; 2 (ii) the local coordinating entity has 3 afforded adequate opportunity, including 4 public hearings, for public and govern- 5 mental involvement in the preparation of 6 the Heritage Area management plan; and 7 (iii) the resource protection and inter- 8 pretation strategies contained in the Herit- 9 age Area management plan, if imple- 10 mented, would adequately protect the nat- 11 ural, historical, and cultural resources of 12 the Heritage Area. 13 (C) ACTION FOLLOWING DISAPPROVAL.—If 14 the Secretary disapproves the Heritage Area 15 management plan under subparagraph (A), the 16 Secretary shall— 17 (i) advise the local coordinating entity 18 in writing of the reasons for the dis- 19 approval; 20 (ii) make recommendations for revi- 21 sions to the Heritage Area management 22 plan; and 23 (iii) not later than 180 days after the 24 receipt of any proposed revision of the 25 VerDate Sep 11 2014 03:35 Feb 12, 2019 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S316.IS S316 kjohnson on DSK79L0C42 with BILLS 13 •S 316 IS Heritage Area management plan from the 1 local coordinating entity, approve or dis- 2 approve the proposed revision. 3 (D) AMENDMENTS.— 4 (i) IN GENERAL.—The Secretary shall 5 approve or disapprove each amendment to 6 the Heritage Area management plan that 7 the Secretary determines makes a substan- 8 tial change to the Heritage Area manage- 9 ment plan. 10 (ii) USE OF FUNDS.—The local co- 11 ordinating entity shall not use Federal 12 funds authorized by this Act to carry out 13 any amendments to the Heritage Area 14 management plan until the Secretary has 15 approved the amendments. 16 (g) RELATIONSHIP TO OTHER FEDERAL AGEN- 17 CIES.— 18 (1) IN GENERAL.—Nothing in this Act affects 19 the authority of a Federal agency to provide tech- 20 nical or financial assistance under any other law. 21 (2) CONSULTATION AND COORDINATION.—The 22 head of any Federal agency planning to conduct ac- 23 tivities that may have an impact on the Heritage 24 Area is encouraged to consult and coordinate the ac- 25 VerDate Sep 11 2014 03:35 Feb 12, 2019 Jkt 089200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S316.IS S316 kjohnson on DSK79L0C42 with BILLS 14 •S 316 IS tivities with the Secretary and the local coordinating 1 entity to the maximum extent practicable. 2 (3) OTHER FEDERAL AGENCIES.—Nothing in 3 this Act— 4 (A) modifies, alters, [Text truncated for display. Full text available on Congress.gov.]