II 116TH CONGRESS 2D SESSION S. 3363 To establish the Alabama Black Belt National Heritage Area, and for other purposes. IN THE SENATE OF THE UNITED STATES FEBRUARY 27, 2020 Mr. SHELBY (for himself and Mr. JONES) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL 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 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Alabama Black Belt 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 22:15 Feb 28, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3363.IS S3363 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 3363 IS nating entity for the National Heritage Area des- 1 ignated by section 3(b). 2 (2) MANAGEMENT PLAN.—The term ‘‘manage- 3 ment plan’’ means the management plan for the Na- 4 tional Heritage Area prepared under section 5. 5 (3) MAP.—The term ‘‘map’’ means the map en- 6 titled ‘‘Alabama Black Belt Heritage Area Bound- 7 ary’’. 8 (4) NATIONAL HERITAGE AREA.—The term 9 ‘‘National Heritage Area’’ means the Alabama Black 10 Belt National Heritage Area established by section 11 3(a). 12 (5) SECRETARY.—The term ‘‘Secretary’’ means 13 the Secretary of the Interior. 14 (6) STATE.—The term ‘‘State’’ means the State 15 of Alabama. 16 SEC. 3. ESTABLISHMENT OF ALABAMA BLACK BELT NA- 17 TIONAL HERITAGE AREA. 18 (a) IN GENERAL.—There is established in the State 19 the Alabama Black Belt National Heritage Area con- 20 sisting of land in Bibb, Bullock, Butler, Choctaw, Clarke, 21 Conecuh, Dallas, Greene, Hale, Lowndes, Macon, 22 Marengo, Monroe, Montgomery, Perry, Pickens, Sumter, 23 Washington, and Wilcox counties in the State, as generally 24 depicted in the management plan. 25 VerDate Sep 11 2014 22:15 Feb 28, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3363.IS S3363 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 3363 IS (b) LOCAL COORDINATING ENTITY.—The Center for 1 the Study of the Black Belt at the University of West Ala- 2 bama shall be the local coordinating entity for the Na- 3 tional Heritage Area. 4 SEC. 4. ADMINISTRATION. 5 (a) AUTHORITIES.—For purposes of carrying out the 6 management plan, the Secretary (acting through the Local 7 Coordinating Entity) may use amounts made available 8 under section 9— 9 (1) to make grants to the State, political sub- 10 divisions of the State, Indian Tribes with jurisdic- 11 tion over land in the State, nonprofit organizations, 12 and other persons; 13 (2) to enter into cooperative agreements with, 14 or provide technical assistance to, the State, political 15 subdivisions of the State, Indian Tribes, nonprofit 16 organizations, and other interested persons; 17 (3) to hire and compensate staff, which shall in- 18 clude individuals with expertise in natural, cultural, 19 and historical resources protection and heritage pro- 20 gramming; 21 (4) to obtain money or services from any 22 source, including any money or services that are pro- 23 vided under any other Federal law or program; 24 (5) to contract for goods or services; and 25 VerDate Sep 11 2014 22:15 Feb 28, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3363.IS S3363 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 3363 IS (6) to undertake any other activity that— 1 (A) furthers the purposes of the National 2 Heritage Area; and 3 (B) is consistent with the approved man- 4 agement plan. 5 (b) DUTIES.—The Local Coordinating Entity shall— 6 (1) assist Federal agencies, the State, political 7 subdivisions of the State, Indian Tribes, regional 8 planning organizations, nonprofit organizations, and 9 other interested persons in carrying out the ap- 10 proved management plan by— 11 (A) carrying out programs and projects 12 that recognize, protect, and enhance important 13 resource values in the National Heritage Area; 14 (B) establishing and maintaining interpre- 15 tive exhibits and programs in the National Her- 16 itage Area; 17 (C) developing recreational and educational 18 opportunities in the National Heritage Area; 19 (D) increasing public awareness of, and 20 appreciation for, natural, historical, scenic, and 21 cultural resources of the National Heritage 22 Area; 23 (E) protecting and restoring historic sites 24 and buildings in the National Heritage Area 25 VerDate Sep 11 2014 22:15 Feb 28, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3363.IS S3363 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 3363 IS that are consistent with the themes of the Na- 1 tional Heritage Area; 2 (F) ensuring that clear, consistent, and ap- 3 propriate signs identifying points of public ac- 4 cess and sites of interest are posted throughout 5 the National Heritage Area; and 6 (G) promoting a wide range of partner- 7 ships among the Federal Government, State, 8 Tribal, and local governments, organizations, 9 and individuals to further the purposes of the 10 National Heritage Area; 11 (2) consider the interests of diverse units of 12 government, businesses, organizations, and individ- 13 uals in the National Heritage Area in the prepara- 14 tion and implementation of the management plan; 15 (3) conduct meetings open to the public not less 16 frequently than semiannually regarding the prepara- 17 tion and implementation of the management plan; 18 (4) for any year that Federal funds have been 19 received under this subsection— 20 (A) submit to the Secretary an annual re- 21 port that describes, with respect to the report- 22 ing period— 23 (i) the activities, expenses, and income 24 of the Local Coordinating Entity; and 25 VerDate Sep 11 2014 22:15 Feb 28, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3363.IS S3363 pamtmann on DSKBC07HB2PROD with BILLS 6 •S 3363 IS (ii) any grants made to any other en- 1 tities; 2 (B) make available to the Secretary for 3 audit all records relating to the expenditure of 4 the funds and any matching funds; and 5 (C) require, with respect to all agreements 6 authorizing the expenditure of Federal funds by 7 any other organization, that the organization 8 receiving the funds make available to the Sec- 9 retary for audit all records concerning the ex- 10 penditure of the funds; and 11 (5) encourage, by appropriate means and con- 12 sistent with the purposes of the National Heritage 13 Area, the economic viability of the National Heritage 14 Area. 15 (c) PROHIBITION ON THE ACQUISITION OF REAL 16 PROPERTY.—The Local Coordinating Entity shall not use 17 Federal funds made available under section 9 to acquire 18 real property or any interest in real property. 19 SEC. 5. MANAGEMENT PLAN. 20 (a) IN GENERAL.—Not later than 3 years after the 21 date of enactment of this Act, the Local Coordinating En- 22 tity shall prepare and submit to the Secretary for approval 23 a proposed management plan for the National Heritage 24 Area. 25 VerDate Sep 11 2014 22:15 Feb 28, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3363.IS S3363 pamtmann on DSKBC07HB2PROD with BILLS 7 •S 3363 IS (b) REQUIREMENTS.—The management plan shall— 1 (1) incorporate an integrated and cooperative 2 approach for the protection, enhancement, and inter- 3 pretation of the natural, cultural, historic, scenic, 4 and recreational resources of the National Heritage 5 Area; 6 (2) take into consideration other applicable 7 Federal, State, local, and Tribal plans and treaty 8 rights; 9 (3) include— 10 (A) an inventory of— 11 (i) the resources located in the Na- 12 tional Heritage Area; and 13 (ii) any other property in the National 14 Heritage Area that— 15 (I) is related to the themes of the 16 National Heritage Area; and 17 (II) should be preserved, re- 18 stored, managed, or maintained be- 19 cause of the significance of the prop- 20 erty; 21 (B) comprehensive policies, strategies, and 22 recommendations for the conservation, funding, 23 management, and development of the National 24 Heritage Area; 25 VerDate Sep 11 2014 22:15 Feb 28, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S3363.IS S3363 pamtmann on DSKBC07HB2PROD with BILLS 8 •S 3363 IS (C) a description of activities that the Fed- 1 eral Government, State, Tribal, and local gov- 2 ernments, private organizations, and individuals 3 have agreed to carry out to protect the natural, 4 historical, cultural, scenic, and recreational re- 5 sources of the National Heritage Area; 6 (D) a program of implementation for the 7 management plan by the Local Coordinating 8 Entity that includes a description of— 9 (i) actions to facilitate ongoing col- 10 laboration among partners to promote 11 plans for resource protection, restoration, 12 and construction; and 13 (ii) specific commitments for imple- 14 mentation that have been made by the 15 Local Coordinating Entity or any unit of 16 government, organization, or individual for 17 the first 5 years of operation of the Na- 18 tional Heritage Area; 19 (E) the identification of sources of funding 20 to implement the management plan; 21 (F) analysis and recommendations for 22 means by which Federal, State, local, and Trib- 23 al programs may be best coordinated (including 24 the role of the National Park Service in the Na- 25 VerDate Sep 11 2014 22:15 Feb 28, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S3363.IS S3363 pamtmann on DSKBC07HB2PROD with BILLS 9 •S 3363 IS tional Heritage Area) to carry out the purposes 1 of this Act; and 2 (G) an interpretive plan for the National 3 Heritage Area; and 4 (4) recommend policies and strategies for re- 5 source management that consider and detail the ap- 6 plication of appropriate land and water management 7 techniques, including the development of intergov- 8 ernmental and interagency cooperative agreements 9 to protect the natural, historical, cultural, edu- 10 cational, scenic, and recreational resources of the 11 National Heritage Area. 12 (c) DEADLINE.—If a proposed management plan is 13 not submitted to the Secretary by the date that is 3 years 14 after the date of enactment of this Act, the Local Coordi- 15 nating Entity shall be ineligible to receive additional fund- 16 ing under this Act until the date on which the Secretary 17 approves the management plan. 18 (d) APPROVAL OR DISAPPROVAL OF MANAGEMENT 19 PLAN.— 20 (1) IN GENERAL.—Not later than 180 days 21 after the date of receipt of the management plan 22 under subsection (a), the Secretary, in consultation 23 with State and Tribal governments, shall approve or 24 disapprove the management plan. 25 VerDate Sep 11 2014 22:15 Feb 28, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S3363.IS S3363 pamtmann on DSKBC07HB2PROD with BILLS 10 •S 3363 IS (2) CRITERIA FOR APPROVAL.—In determining 1 whether to approve the management plan, the Sec- 2 retary shall consider whether— 3 (A) the Local Coordinating Entity is rep- 4 resentative of the diverse interests of the Na- 5 tional Heritage Area, including the Federal 6 Government, State, Tribal, and local govern- 7 ments, natural and historic resource protection 8 organizations, educational institutions, busi- 9 nesses, and recreational organizations; 10 (B) the Local Coordinating Entity has af- 11 forded adequate opportunity, including public 12 hearings, for public and governmental involve- 13 ment in the preparation of the management 14 plan; and 15 (C) the resource protection and interpreta- 16 tion strategies contained in the management 17 plan, if implemented, would adequately protect 18 the natural, historical, and cultural resources of 19 the National Heritage Area. 20 (3) ACTION FOLLOWING DISAPPROVAL.—If the 21 Secretary disapproves the management plan under 22 paragraph (1), the Secretary shall— 23 (A) advise the Local Coordinating Entity 24 in writing the reasons for the disapproval; 25 VerDate Sep 11 2014 22:15 Feb 28, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S3363.IS S3363 pamtmann on DSKBC07HB2PROD with BILLS 11 •S 3363 IS (B) make recommendations to the Local 1 Coordinating Entity for revisions to the man- 2 agement plan; and 3 (C) not later than 180 days after the re- 4 ceipt of any proposed revision of the manage- 5 ment plan from the Local Coordinating Entity, 6 approve or disapprove the proposed revision. 7 (4) AMENDMENTS.— 8 (A) IN GENERAL.—The Secretary shall ap- 9 prove or disapprove each amendment to the 10 management plan that makes a substantial 11 change to the management plan, as determined 12 by the Secretary. 13 (B) USE OF FUNDS.—The Local Coordi- 14 nating Entity shall not use Federal funds au- 15 thorized under section 9 to carry out any 16 amendment to the management plan until the 17 date on which 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 finan- 22 cial assistance under any other law. 23 (b) CONSULTATION AND COORDINATION.—The head 24 of any Federal agency planning to conduct activities that 25 VerDate Sep 11 2014 22:15 Feb 28, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S3363.IS S3363 pamtmann on DSKBC07HB2PROD with BILLS 12 •S 3363 IS may have an impact on the National Heritage Area is en- 1 couraged to consult and coordinate the activities with the 2 Secretary and the Local Coordinating Entity to the max- 3 imum extent practicable. 4 (c) OTHER FEDERAL AGENCIES.—Nothing in this 5 Act— 6 (1) modifies, alters, or amends any law (includ- 7 ing regulations) authorizing a Federal agency to 8 manage Federal land under the jurisdiction of the 9 Federal agency; 10 (2) limits the discretion of a Federal land man- 11 ager to implement an approved land use plan within 12 the boundaries of the National Heritage Area; or 13 (3) modifies, alters, or amends any authorized 14 use of Federal land under the jurisdiction of a Fed- 15 eral agency. 16 SEC. 7. PRIVATE PROPERTY AND REGULATORY PROTEC- 17 TIONS. 18 Nothing in this Act— 19 (1) abridges the rights of any property owner 20 (whether public or private), including the right to re- 21 frain from participating in any plan, project, pro- 22 gram, or activity conducted within the National Her- 23 itage Area; 24 (2) requires any property owner— 25 VerDate Sep 11 2014 22:15 Feb 28, 2020 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S3363.IS S3363 pamtmann on DSKBC07HB2PROD with BILLS 13 •S 3363 IS (A) to permit public access (including ac- 1 cess by Federal, State, or l [Text truncated for display. Full text available on Congress.gov.]