Southern Maryland National Heritage Area Act

I 116TH CONGRESS 2D SESSION H. R. 8488 To establish the Southern Maryland National Heritage Area, and for other purposes. IN THE HOUSE OF REPRESENTATIVES OCTOBER 1, 2020 Mr. HOYER introduced the following bill; which was referred to the Committee on Natural Resources A BILL To establish the Southern Maryland 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 ‘‘Southern Maryland 4 National Heritage Area Act’’. 5 SEC. 2. DEFINITIONS. 6 In this Act: 7 (1) HERITAGE AREA.—The term ‘‘Heritage 8 Area’’ means the Southern Maryland National Her- 9 itage Area established by section 3(a). 10 VerDate Sep 11 2014 04:14 Oct 29, 2020 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H8488.IH H8488 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 8488 IH (2) LOCAL COORDINATING ENTITY.—The term 1 ‘‘Local Coordinating Entity’’ means the local coordi- 2 nating entity for the Heritage Area designated by 3 section 3(c). 4 (3) MANAGEMENT PLAN.—The term ‘‘manage- 5 ment plan’’ means the management plan for the 6 Heritage Area prepared under section 5(a). 7 (4) SECRETARY.—The term ‘‘Secretary’’ means 8 the Secretary of the Interior. 9 (5) STATE.—The term ‘‘State’’ means the State 10 of Maryland. 11 SEC. 3. ESTABLISHMENT OF SOUTHERN MARYLAND NA- 12 TIONAL HERITAGE AREA. 13 (a) IN GENERAL.—There is established in the State 14 the Southern Maryland National Heritage Area, to be ad- 15 ministered in accordance with this Act. 16 (b) BOUNDARIES.—The Heritage Area shall include 17 portions of St. Mary’s, Calvert, Charles, and Prince 18 George’s Counties in the State, with the specific bound- 19 aries to be established by the Secretary, based on the fea- 20 sibility study for the Heritage Area. 21 (c) LOCAL COORDINATING ENTITY.—The Tri-County 22 Council for Southern Maryland shall serve as the local co- 23 ordinating entity for the Heritage Area. 24 VerDate Sep 11 2014 04:14 Oct 29, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H8488.IH H8488 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 8488 IH SEC. 4. ADMINISTRATION. 1 (a) AUTHORITIES.—For purposes of carrying out the 2 management plan, the Secretary (acting through the Local 3 Coordinating Entity) may use amounts made available 4 under section 9— 5 (1) to make grants to the State, political sub- 6 divisions of the State, Indian Tribes, nonprofit orga- 7 nizations, and other entities; 8 (2) to enter into cooperative agreements with, 9 or provide technical assistance to, the State, political 10 subdivisions of the State, Indian Tribes, nonprofit 11 organizations, and other interested entities; 12 (3) to hire and compensate staff, which shall in- 13 clude individuals with expertise in natural, cultural, 14 and historical resources protection and heritage pro- 15 gramming; 16 (4) to obtain money or services from any 17 source, including any money or services that are pro- 18 vided under any other Federal law or program; 19 (5) to contract for marketing, advertising, and 20 public relations; 21 (6) to contract for goods or services; 22 (7) to contract for fundraising; and 23 (8) to undertake any other activity that— 24 (A) furthers the purposes of the Heritage 25 Area; and 26 VerDate Sep 11 2014 04:14 Oct 29, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H8488.IH H8488 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 8488 IH (B) is consistent with the approved man- 1 agement plan. 2 (b) DUTIES.—The Local Coordinating Entity shall— 3 (1) assist Federal agencies, the State, political 4 subdivisions of the State, Indian Tribes, regional 5 planning organizations, nonprofit organizations, and 6 other interested persons in carrying out the ap- 7 proved management plan by— 8 (A) carrying out programs and projects 9 that recognize, protect, and enhance important 10 resource values in the Heritage Area; 11 (B) establishing and maintaining interpre- 12 tive exhibits and programs in the Heritage 13 Area; 14 (C) developing recreational, interpretive, 15 and educational opportunities in the Heritage 16 Area; 17 (D) increasing public awareness of, and 18 appreciation for, natural, historical, scenic, and 19 cultural resources of the Heritage Area; 20 (E) protecting and restoring historic sites 21 and buildings in the Heritage Area that are 22 consistent with the themes of the Heritage 23 Area; 24 VerDate Sep 11 2014 04:14 Oct 29, 2020 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H8488.IH H8488 pbinns on DSKJLVW7X2PROD with BILLS 5 •HR 8488 IH (F) ensuring that clear, consistent, and ap- 1 propriate signs identifying points of public ac- 2 cess and sites of interest are posted throughout 3 the Heritage Area; and 4 (G) promoting a wide range of partner- 5 ships among the Federal Government, State, 6 Tribal, and local governments, organizations, 7 and individuals to further the purposes of the 8 Heritage Area; 9 (2) consider the interests of diverse units of 10 government, businesses, organizations, and individ- 11 uals in the Heritage Area in the preparation and im- 12 plementation of the management plan; 13 (3) conduct meetings open to the public not less 14 frequently than semiannually regarding the develop- 15 ment and implementation of the management plan; 16 (4) for any year that Federal funds have been 17 received under this subsection— 18 (A) submit to the Secretary an annual re- 19 port that describes, with respect to the report- 20 ing period, the activities, expenses, and income 21 of the Local Coordinating Entity; 22 (B) make available to the Secretary for 23 audit all records relating to the expenditure of 24 the funds and any matching funds; and 25 VerDate Sep 11 2014 04:14 Oct 29, 2020 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H8488.IH H8488 pbinns on DSKJLVW7X2PROD with BILLS 6 •HR 8488 IH (C) encourage, by appropriate means and 1 consistent with the purposes of the Heritage 2 Area, the economic viability of the Heritage 3 Area. 4 (c) PROHIBITION ON THE ACQUISITION OF REAL 5 PROPERTY.—The Local Coordinating Entity shall not use 6 Federal funds made available under section 9 to acquire 7 real property or any interest in real property. 8 SEC. 5. MANAGEMENT PLAN. 9 (a) IN GENERAL.—Not later than 3 years after the 10 date on which funds are first made available to carry out 11 this Act, the Local Coordinating Entity shall submit to 12 the Secretary for approval a proposed management plan 13 for the Heritage Area. 14 (b) REQUIREMENTS.—The management plan shall— 15 (1) incorporate an integrated and cooperative 16 approach for the protection, enhancement, and inter- 17 pretation of the natural, cultural, historic, scenic, 18 and recreational resources of the Heritage Area; 19 (2) take into consideration other applicable 20 Federal, State, local, and Tribal plans and treaty 21 rights; 22 (3) include— 23 (A) an inventory of— 24 VerDate Sep 11 2014 04:14 Oct 29, 2020 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H8488.IH H8488 pbinns on DSKJLVW7X2PROD with BILLS 7 •HR 8488 IH (i) the resources located in the Herit- 1 age Area; and 2 (ii) any other property in the Heritage 3 Area that— 4 (I) is related to the themes of the 5 Heritage Area; and 6 (II) should be preserved, re- 7 stored, managed, or maintained be- 8 cause of the significance of the prop- 9 erty; 10 (B) comprehensive policies, strategies, and 11 recommendations for the conservation, funding, 12 management, and development of the Heritage 13 Area; 14 (C) a description of activities that the Fed- 15 eral Government, State, Tribal, and local gov- 16 ernments, private organizations, and individuals 17 have agreed to carry out to protect the natural, 18 historical, cultural, scenic, and recreational re- 19 sources of the Heritage Area; 20 (D) a program of implementation for the 21 management plan by the Local Coordinating 22 Entity that includes a description of— 23 (i) actions to facilitate ongoing col- 24 laboration among partners to promote 25 VerDate Sep 11 2014 04:14 Oct 29, 2020 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H8488.IH H8488 pbinns on DSKJLVW7X2PROD with BILLS 8 •HR 8488 IH plans for resource protection, restoration, 1 and construction; and 2 (ii) specific commitments for imple- 3 mentation that have been made by the 4 Local Coordinating Entity or any unit of 5 government, organization, or individual for 6 the first 5 years of operation of the Herit- 7 age Area; 8 (E) the identification of sources of funding 9 to implement the management plan; 10 (F) analysis and recommendations for 11 means by which Federal, State, local, and Trib- 12 al programs (including the role of the National 13 Park Service in the Heritage Area) may carry 14 out the purposes of this Act; 15 (G) an interpretive plan for the Heritage 16 Area; and 17 (H) recommended policies and strategies 18 for resource management that consider and de- 19 tail the application of appropriate land and 20 water management techniques, including the de- 21 velopment of intergovernmental and interagency 22 cooperative agreements to protect the natural, 23 historical, cultural, educational, scenic, and rec- 24 reational resources of the Heritage Area. 25 VerDate Sep 11 2014 04:14 Oct 29, 2020 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H8488.IH H8488 pbinns on DSKJLVW7X2PROD with BILLS 9 •HR 8488 IH (c) DEADLINE.—If a proposed management plan is 1 not submitted to the Secretary by the date that is 3 years 2 after the date on which funds are first made available to 3 carry out this Act, the Local Coordinating Entity shall be 4 ineligible to receive additional funding under this Act until 5 the date on which the Secretary approves the management 6 plan. 7 (d) APPROVAL OR DISAPPROVAL OF MANAGEMENT 8 PLAN.— 9 (1) IN GENERAL.—Not later than 180 days 10 after the date of receipt of the management plan 11 under subsection (a), the Secretary, in consultation 12 with State and Tribal governments, shall approve or 13 disapprove the management plan. 14 (2) CRITERIA FOR APPROVAL.—In determining 15 whether to approve the management plan, the Sec- 16 retary shall consider whether— 17 (A) the Local Coordinating Entity is rep- 18 resentative of the diverse interests of the Herit- 19 age Area, including the Federal Government, 20 State, Tribal, and local governments, natural 21 and historic resource protection organizations, 22 educational institutions, businesses, and rec- 23 reational organizations; 24 VerDate Sep 11 2014 04:14 Oct 29, 2020 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H8488.IH H8488 pbinns on DSKJLVW7X2PROD with BILLS 10 •HR 8488 IH (B) the Local Coordinating Entity has af- 1 forded adequate opportunity, including public 2 hearings, for public and governmental involve- 3 ment in the preparation of the management 4 plan; and 5 (C) the resource protection and interpreta- 6 tion strategies contained in the management 7 plan, if implemented, would adequately protect 8 the natural, historical, and cultural resources of 9 the Heritage Area. 10 (3) ACTION FOLLOWING DISAPPROVAL.—If the 11 Secretary disapproves the management plan under 12 paragraph (1), the Secretary shall— 13 (A) advise the Local Coordinating Entity 14 in writing of the reasons for the disapproval; 15 (B) make recommendations to the Local 16 Coordinating Entity for revisions to the man- 17 agement plan; and 18 (C) not later than 180 days after the re- 19 ceipt of any proposed revision of the manage- 20 ment plan from the Local Coordinating Entity, 21 approve or disapprove the proposed revision. 22 (4) AMENDMENTS.— 23 (A) IN GENERAL.—The Secretary shall ap- 24 prove or disapprove each amendment of the 25 VerDate Sep 11 2014 04:14 Oct 29, 2020 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H8488.IH H8488 pbinns on DSKJLVW7X2PROD with BILLS 11 •HR 8488 IH management plan that the Secretary determines 1 makes a substantial change to the management 2 plan. 3 (B) USE OF FUNDS.—The Local Coordi- 4 nating Entity shall not use Federal funds au- 5 thorized under section 9 to carry out any 6 amendment to the management plan until the 7 date on which the Secretary has approved the 8 amendment. 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 Heritage Area is encouraged 16 to consult and coordinate the activities with the Secretary 17 and the Local Coordinating Entity to the maximum extent 18 practicable. 19 (c) OTHER FEDERAL AGENCIES.—Nothing in this 20 Act— 21 (1) modifies, alters, or amends any law (includ- 22 ing regulations) authorizing a Federal agency to 23 manage Federal land under the jurisdiction of the 24 Federal agency; 25 VerDate Sep 11 2014 04:14 Oct 29, 2020 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H8488.IH H8488 pbinns on DSKJLVW7X2PROD with BILLS 12 •HR 8488 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 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 property owner 10 (whether public or private), including the right to re- 11 frain from participating in any plan, project, pro- 12 gram, or activity conducted within the Heritage 13 Area; 14 (2) requires any property owner— 15 (A) to permit public access (including ac- 16 cess by Federal, State, or local agencies) to the 17 property of the property owner; or 18 (B) to modify public access or use of prop- 19 erty of the property owner under any other 20 Federal, State, or local law; 21 (3) alters any duly adopted land use regulation, 22 approved land use plan, or other regulatory author- 23 ity of any Federal, State, Tribal, or local agency; 24 VerDate Sep 11 2014 04:14 Oct 29, 2020 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H8488.IH H8488 pbinns on DSKJLVW7X2PROD with BILLS 13 •HR 8488 IH (4) conveys any land use or other regulatory 1 authority to the Local Coordinating Entity; 2 (5) authorizes or implies the reservation or ap- 3 propriation of water or water rights; 4 (6) enlarges or diminishes the treaty rights of 5 any Indian Tribe within the Heritage Area; 6 (7) diminishes— 7 (A) the authority of the State to manage 8 fish a [Text truncated for display. 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