Maritime Washington National Heritage Area Act

I 116TH CONGRESS 1ST SESSION H. R. 975 To establish the Maritime Washington National Heritage Area in the State of Washington, and for other purposes. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 5, 2019 Mr. KILMER (for himself and Mr. HECK) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To establish the Maritime Washington National Heritage Area in the State of Washington, 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 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Maritime Washington 4 National Heritage Area Act’’. 5 SEC. 2. DEFINITIONS. 6 In this Act: 7 (1) LOCAL COORDINATING ENTITY.—The term 8 ‘‘local coordinating entity’’ means the local coordi- 9 VerDate Sep 11 2014 22:18 Feb 15, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H975.IH H975 kjohnson on DSK79L0C42 with BILLS 2 •HR 975 IH nating entity for the National Heritage Area des- 1 ignated by section 3(d). 2 (2) MANAGEMENT PLAN.—The term ‘‘manage- 3 ment plan’’ means the management plan for the Na- 4 tional Heritage Area required under section 4. 5 (3) MAP.—The term ‘‘map’’ means the map en- 6 titled ‘‘Maritime Washington National Heritage 7 Area Proposed Boundary’’, numbered 584/125,484, 8 and dated August 2014. 9 (4) NATIONAL HERITAGE AREA.—The term 10 ‘‘National Heritage Area’’ means the Maritime 11 Washington National Heritage Area established by 12 section 3(a). 13 (5) SECRETARY.—The term ‘‘Secretary’’ means 14 the Secretary of the Interior. 15 (6) STATE.—The term ‘‘State’’ means the State 16 of Washington. 17 SEC. 3. MARITIME WASHINGTON NATIONAL HERITAGE 18 AREA. 19 (a) ESTABLISHMENT.—There is established in the 20 State the Maritime Washington National Heritage Area. 21 (b) BOUNDARIES.— 22 (1) IN GENERAL.—The National Heritage Area 23 shall consist of land located in the counties of 24 Whatcom, Skagit, Snohomish, San Juan, Island, 25 VerDate Sep 11 2014 22:18 Feb 15, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H975.IH H975 kjohnson on DSK79L0C42 with BILLS 3 •HR 975 IH King, Pierce, Thurston, Mason, Kitsap, Jefferson, 1 Clallam, and Grays Harbor in the State that is at 2 least partially located within the area that is 1⁄4-mile 3 landward of the shoreline, as generally depicted on 4 the map. 5 (2) REVISION.—The boundaries of the National 6 Heritage Area established under paragraph (1) may 7 be revised if the revision is— 8 (A) proposed in the management plan; 9 (B) approved by the Secretary in accord- 10 ance with section 4; and 11 (C) placed on file in accordance with sub- 12 section (c). 13 (c) AVAILABILITY OF MAP.—The map shall be on file 14 and available for public inspection in the appropriate of- 15 fices of— 16 (1) the National Park Service; and 17 (2) the local coordinating entity. 18 (d) LOCAL COORDINATING ENTITY.—The Wash- 19 ington Trust for Historic Preservation shall be the local 20 coordinating entity for the National Heritage Area. 21 SEC. 4. MANAGEMENT PLAN. 22 (a) IN GENERAL.—Not later than 3 years after the 23 date of enactment of this Act, the local coordinating entity 24 VerDate Sep 11 2014 22:18 Feb 15, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H975.IH H975 kjohnson on DSK79L0C42 with BILLS 4 •HR 975 IH shall submit to the Secretary for approval a proposed 1 management plan for the National Heritage Area. 2 (b) REQUIREMENTS.—The management plan shall— 3 (1) incorporate an integrated and cooperative 4 approach for the protection, enhancement, and inter- 5 pretation of the natural, cultural, historical, scenic, 6 and recreational resources of the National Heritage 7 Area; 8 (2) take into consideration State and local 9 plans; 10 (3) include— 11 (A) an inventory of— 12 (i) the resources located in the Na- 13 tional Heritage Area; and 14 (ii) any other property in the National 15 Heritage Area that— 16 (I) is related to the themes of the 17 National Heritage Area; and 18 (II) should be preserved, re- 19 stored, managed, or maintained be- 20 cause of the significance of the prop- 21 erty; 22 (B) comprehensive policies, strategies and 23 recommendations for the conservation, funding, 24 VerDate Sep 11 2014 22:18 Feb 15, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H975.IH H975 kjohnson on DSK79L0C42 with BILLS 5 •HR 975 IH management, and development of the National 1 Heritage Area; 2 (C) a description of actions that govern- 3 ments, private organizations, and individuals 4 have agreed to take to protect the natural, cul- 5 tural, and historical resources of the National 6 Heritage Area; 7 (D) a program of implementation for the 8 management plan by the local coordinating en- 9 tity that includes a description of— 10 (i) actions to facilitate ongoing col- 11 laboration among partners to promote 12 plans for resource protection, restoration, 13 and construction; and 14 (ii) specific commitments for imple- 15 mentation that have been made by the 16 local coordinating entity or any govern- 17 ment, organization, or individual for the 18 first 5 years of operation of the National 19 Heritage Area; 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, and local pro- 24 grams may best be coordinated to carry out this 25 VerDate Sep 11 2014 22:18 Feb 15, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H975.IH H975 kjohnson on DSK79L0C42 with BILLS 6 •HR 975 IH section, including a description of the role of 1 the National Park Service in the National Her- 2 itage Area; 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 intergov- 9 ernmental and interagency cooperative agreements 10 to protect the natural, cultural, historical, scenic, 11 recreational, and educational resources of the Na- 12 tional 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 receives and approves the management plan. 19 (d) APPROVAL OR DISAPPROVAL OF MANAGEMENT 20 PLAN.— 21 (1) IN GENERAL.—Not later than 180 days 22 after the date of receipt of the management plan 23 under subsection (a), the Secretary, in consultation 24 VerDate Sep 11 2014 22:18 Feb 15, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H975.IH H975 kjohnson on DSK79L0C42 with BILLS 7 •HR 975 IH with the State, shall approve or disapprove the man- 1 agement 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 Na- 7 tional Heritage Area, including governments, 8 natural and historical resource protection orga- 9 nizations, educational institutions, businesses, 10 and recreational organizations; 11 (B) the local coordinating entity has af- 12 forded adequate opportunity, including public 13 hearings, for public and governmental involve- 14 ment in the preparation of the management 15 plan; and 16 (C) the resource protection and interpreta- 17 tion strategies contained in the management 18 plan, if implemented, would adequately protect 19 the natural, cultural, and historical resources of 20 the National Heritage Area. 21 (3) ACTION FOLLOWING DISAPPROVAL.—If the 22 Secretary disapproves the management plan under 23 paragraph (1), the Secretary shall— 24 VerDate Sep 11 2014 22:18 Feb 15, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H975.IH H975 kjohnson on DSK79L0C42 with BILLS 8 •HR 975 IH (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 re- 5 ceipt of any proposed revision of the manage- 6 ment plan from the local coordinating entity, 7 approve or disapprove the proposed revision. 8 (4) AMENDMENTS.— 9 (A) IN GENERAL.—The Secretary shall ap- 10 prove or disapprove each amendment to the 11 management plan that makes a substantial 12 change to the management plan, as determined 13 by the Secretary. 14 (B) USE OF FUNDS.—The local coordi- 15 nating entity shall not use Federal funds au- 16 thorized by this section to carry out any amend- 17 ments to the management plan until the date 18 on which the Secretary has approved the 19 amendments. 20 SEC. 5. ADMINISTRATION. 21 (a) AUTHORITIES.—For purposes of implementing 22 the management plan, the Secretary, acting through the 23 local coordinating entity, may use amounts made available 24 under section 9— 25 VerDate Sep 11 2014 22:18 Feb 15, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H975.IH H975 kjohnson on DSK79L0C42 with BILLS 9 •HR 975 IH (1) to make grants to the State or a political 1 subdivision of the State, nonprofit organizations, 2 and other persons; 3 (2) to enter into cooperative agreements with, 4 or provide technical assistance to, the State or a po- 5 litical subdivision of the State, nonprofit organiza- 6 tions, and other interested parties; 7 (3) to hire and compensate staff, which shall in- 8 clude individuals with expertise in natural, cultural, 9 and historical resources protection and heritage pro- 10 gramming; 11 (4) to obtain money or services from any 12 source, including any money or services that are pro- 13 vided under any other Federal law or program; 14 (5) to contract for goods or services; and 15 (6) to undertake to be a catalyst for any other 16 activity that— 17 (A) furthers the purposes of the National 18 Heritage Area; and 19 (B) is consistent with the approved man- 20 agement plan. 21 (b) DUTIES.—The local coordinating entity shall— 22 (1) in accordance with section 4, prepare and 23 submit a management plan to the Secretary; 24 VerDate Sep 11 2014 22:18 Feb 15, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H975.IH H975 kjohnson on DSK79L0C42 with BILLS 10 •HR 975 IH (2) assist units of local government, regional 1 planning organizations, and nonprofit organizations 2 in carrying out the approved management plan by— 3 (A) carrying out programs and projects 4 that recognize, protect, and enhance important 5 resource values in the National Heritage Area; 6 (B) establishing and maintaining interpre- 7 tive exhibits and programs in the National Her- 8 itage Area; 9 (C) developing recreational and educational 10 opportunities in the National Heritage Area; 11 (D) increasing public awareness of, and 12 appreciation for, natural, cultural, historical, 13 and scenic resources of the National Heritage 14 Area; 15 (E) identifying and restoring historic sites 16 and buildings in the National Heritage Area 17 that are consistent with National Heritage Area 18 themes; 19 (F) ensuring that clear, consistent, and ap- 20 propriate signs identifying points of public ac- 21 cess and sites of interest are posted throughout 22 the National Heritage Area; and 23 (G) promoting a wide range of partner- 24 ships among governments, organizations, and 25 VerDate Sep 11 2014 22:18 Feb 15, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H975.IH H975 kjohnson on DSK79L0C42 with BILLS 11 •HR 975 IH individuals to further the National Heritage 1 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 at least 7 semiannually regarding the development and imple- 8 mentation of the management plan; 9 (5) for any year for which Federal funds have 10 been received under this section— 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 from the local coordinating entity to 15 any other entities during the year that the re- 16 port is made); 17 (B) make available to the Secretary for 18 audit all records relating to the expenditure of 19 the funds and any matching funds; and 20 (C) require, with respect to all agreements 21 authorizing the expenditure of Federal funds by 22 other organizations, that the organizations re- 23 ceiving the funds make available to the Sec- 24 VerDate Sep 11 2014 22:18 Feb 15, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H975.IH H975 kjohnson on DSK79L0C42 with BILLS 12 •HR 975 IH retary for audit all records concerning the ex- 1 penditure of the funds; and 2 (6) encourage, by appropriate means, economic 3 viability that is consistent with the National Herit- 4 age Area. 5 (c) PROHIBITION ON THE ACQUISITION OF REAL 6 PROPERTY.—The local coordinating entity shall not use 7 Federal funds made available under section 9 to acquire 8 real property or any interest in real property. 9 SEC. 6. RELATIONSHIP TO OTHER FEDERAL AGENCIES. 10 (a) IN GENERAL.—Nothing in this Act affects the au- 11 thority of a Federal agency to provide technical or finan- 12 cial assistance under any other law. 13 (b) CONSULTATION AND COORDINATION.—The head 14 of any Federal agency planning to conduct activities that 15 may have an impact on the National Heritage Area is en- 16 couraged to consult and coordinate the activities with the 17 Secretary and the local coordinating entity, to the max- 18 imum extent practicable. 19 (c) OTHER FEDERAL AGENCIES.—Nothing in this 20 Act— 21 (1) modifies, alters, or amends any law or regu- 22 lation authorizing a Federal agency to manage Fed- 23 eral land under the jurisdiction of the Federal agen- 24 cy; 25 VerDate Sep 11 2014 22:18 Feb 15, 2019 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H975.IH H975 kjohnson on DSK79L0C42 with BILLS 13 •HR 975 IH (2) limits the discretion of a Federal land man- 1 ager to implement an approved land use plan within 2 the boundaries of the National Heritage Area; or 3 (3) modifies, alters, or amends any authorized 4 use of Federal land under the jurisdiction of a Fed- 5 eral agency. 6 SEC. 7. PRIVATE PROPERTY AND REGULATORY PROTEC- 7 TIONS. 8 Nothing in this Act— 9 (1) abridges the rights of any owner of public 10 or private property, including the right to refrain 11 from participating in any plan, [Text truncated for display. Full text available on Congress.gov.]