Southern Maryland National Heritage Area Act

II 116TH CONGRESS 2D SESSION S. 4816 To establish the Southern Maryland National Heritage Area, and for other purposes. IN THE SENATE OF THE UNITED STATES OCTOBER 20 (legislative day, OCTOBER 19), 2020 Mr. CARDIN (for himself and Mr. VAN HOLLEN) introduced the following bill; which was read twice and referred to the Committee on Energy and Nat- ural 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 21:46 Oct 28, 2020 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S4816.IS S4816 pbinns on DSKJLVW7X2PROD with BILLS 2 •S 4816 IS (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 21:46 Oct 28, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S4816.IS S4816 pbinns on DSKJLVW7X2PROD with BILLS 3 •S 4816 IS 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 21:46 Oct 28, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S4816.IS S4816 pbinns on DSKJLVW7X2PROD with BILLS 4 •S 4816 IS (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 21:46 Oct 28, 2020 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S4816.IS S4816 pbinns on DSKJLVW7X2PROD with BILLS 5 •S 4816 IS (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 and 17 (4) for any year that Federal funds have been 18 received under this subsection— 19 (A) submit to the Secretary an annual re- 20 port that describes, with respect to the report- 21 ing period, the activities, expenses, and income 22 of the Local Coordinating Entity; 23 VerDate Sep 11 2014 21:46 Oct 28, 2020 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S4816.IS S4816 pbinns on DSKJLVW7X2PROD with BILLS 6 •S 4816 IS (B) make available to the Secretary for 1 audit all records relating to the expenditure of 2 the funds and any matching funds; and 3 (C) encourage, by appropriate means and 4 consistent with the purposes of the Heritage 5 Area, the economic viability of the Heritage 6 Area. 7 (c) PROHIBITION ON THE ACQUISITION OF REAL 8 PROPERTY.—The Local Coordinating Entity shall not use 9 Federal funds made available under section 9 to acquire 10 real property or any interest in real property. 11 SEC. 5. MANAGEMENT PLAN. 12 (a) IN GENERAL.—Not later than 3 years after the 13 date on which funds are first made available to carry out 14 this Act, the Local Coordinating Entity shall submit to 15 the Secretary for approval a proposed management plan 16 for the Heritage Area. 17 (b) REQUIREMENTS.—The management plan shall— 18 (1) incorporate an integrated and cooperative 19 approach for the protection, enhancement, and inter- 20 pretation of the natural, cultural, historic, scenic, 21 and recreational resources of the Heritage Area; 22 (2) take into consideration other applicable 23 Federal, State, local, and Tribal plans and treaty 24 rights; and 25 VerDate Sep 11 2014 21:46 Oct 28, 2020 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S4816.IS S4816 pbinns on DSKJLVW7X2PROD with BILLS 7 •S 4816 IS (3) include— 1 (A) an inventory of— 2 (i) the resources located in the Herit- 3 age Area; and 4 (ii) any other property in the Heritage 5 Area that— 6 (I) is related to the themes of the 7 Heritage Area; and 8 (II) should be preserved, re- 9 stored, managed, or maintained be- 10 cause of the significance of the prop- 11 erty; 12 (B) comprehensive policies, strategies, and 13 recommendations for the conservation, funding, 14 management, and development of the Heritage 15 Area; 16 (C) a description of activities that the Fed- 17 eral Government, State, Tribal, and local gov- 18 ernments, private organizations, and individuals 19 have agreed to carry out to protect the natural, 20 historical, cultural, scenic, and recreational re- 21 sources of the Heritage Area; 22 (D) a program of implementation for the 23 management plan by the Local Coordinating 24 Entity that includes a description of— 25 VerDate Sep 11 2014 21:46 Oct 28, 2020 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S4816.IS S4816 pbinns on DSKJLVW7X2PROD with BILLS 8 •S 4816 IS (i) actions to facilitate ongoing col- 1 laboration among partners to promote 2 plans for resource protection, restoration, 3 and construction; and 4 (ii) specific commitments for imple- 5 mentation that have been made by the 6 Local Coordinating Entity or any unit of 7 government, organization, or individual for 8 the first 5 years of operation of the Herit- 9 age Area; 10 (E) the identification of sources of funding 11 to implement the management plan; 12 (F) analysis and recommendations for 13 means by which Federal, State, local, and Trib- 14 al programs (including the role of the National 15 Park Service in the Heritage Area) may carry 16 out the purposes of this Act; 17 (G) an interpretive plan for the Heritage 18 Area; and 19 (H) recommended policies and strategies 20 for resource management that consider and de- 21 tail the application of appropriate land and 22 water management techniques, including the de- 23 velopment of intergovernmental and interagency 24 cooperative agreements to protect the natural, 25 VerDate Sep 11 2014 21:46 Oct 28, 2020 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S4816.IS S4816 pbinns on DSKJLVW7X2PROD with BILLS 9 •S 4816 IS historical, cultural, educational, scenic, and rec- 1 reational resources of the Heritage Area. 2 (c) DEADLINE.—If a proposed management plan is 3 not submitted to the Secretary by the date that is 3 years 4 after the date on which funds are first made available to 5 carry out this Act, the Local Coordinating Entity shall be 6 ineligible to receive additional funding under this Act until 7 the date on which the Secretary approves the management 8 plan. 9 (d) APPROVAL OR DISAPPROVAL OF MANAGEMENT 10 PLAN.— 11 (1) IN GENERAL.—Not later than 180 days 12 after the date of receipt of the management plan 13 under subsection (a), the Secretary, in consultation 14 with State and Tribal governments, shall approve or 15 disapprove the management plan. 16 (2) CRITERIA FOR APPROVAL.—In determining 17 whether to approve the management plan, the Sec- 18 retary shall consider whether— 19 (A) the Local Coordinating Entity is rep- 20 resentative of the diverse interests of the Herit- 21 age Area, including the Federal Government, 22 State, Tribal, and local governments, natural 23 and historic resource protection organizations, 24 VerDate Sep 11 2014 21:46 Oct 28, 2020 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S4816.IS S4816 pbinns on DSKJLVW7X2PROD with BILLS 10 •S 4816 IS educational institutions, businesses, and rec- 1 reational organizations; 2 (B) the Local Coordinating Entity has af- 3 forded adequate opportunity, including public 4 hearings, for public and governmental involve- 5 ment in the preparation of the management 6 plan; and 7 (C) the resource protection and interpreta- 8 tion strategies contained in the management 9 plan, if implemented, would adequately protect 10 the natural, historical, and cultural resources of 11 the Heritage Area. 12 (3) ACTION FOLLOWING DISAPPROVAL.—If the 13 Secretary disapproves the management plan under 14 paragraph (1), the Secretary shall— 15 (A) advise the Local Coordinating Entity 16 in writing of the reasons for the disapproval; 17 (B) make recommendations to the Local 18 Coordinating Entity for revisions to the man- 19 agement plan; and 20 (C) not later than 180 days after the re- 21 ceipt of any proposed revision of the manage- 22 ment plan from the Local Coordinating Entity, 23 approve or disapprove the proposed revision. 24 (4) AMENDMENTS.— 25 VerDate Sep 11 2014 21:46 Oct 28, 2020 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S4816.IS S4816 pbinns on DSKJLVW7X2PROD with BILLS 11 •S 4816 IS (A) IN GENERAL.—The Secretary shall ap- 1 prove or disapprove each amendment of the 2 management plan that the Secretary determines 3 makes a substantial change to the management 4 plan. 5 (B) USE OF FUNDS.—The Local Coordi- 6 nating Entity shall not use Federal funds au- 7 thorized under section 9 to carry out any 8 amendment to the management plan until the 9 date on which the Secretary has approved the 10 amendment. 11 SEC. 6. RELATIONSHIP TO OTHER FEDERAL AGENCIES. 12 (a) IN GENERAL.—Nothing in this Act affects the au- 13 thority of a Federal agency to provide technical or finan- 14 cial assistance under any other law. 15 (b) CONSULTATION AND COORDINATION.—The head 16 of any Federal agency planning to conduct activities that 17 may have an impact on the Heritage Area is encouraged 18 to consult and coordinate the activities with the Secretary 19 and the Local Coordinating Entity to the maximum extent 20 practicable. 21 (c) OTHER FEDERAL AGENCIES.—Nothing in this 22 Act— 23 (1) modifies, alters, or amends any law (includ- 24 ing regulations) authorizing a Federal agency to 25 VerDate Sep 11 2014 21:46 Oct 28, 2020 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S4816.IS S4816 pbinns on DSKJLVW7X2PROD with BILLS 12 •S 4816 IS manage Federal land under the jurisdiction of the 1 Federal agency; 2 (2) limits the discretion of a Federal land man- 3 ager to implement an approved land use plan within 4 the boundaries of the Heritage Area; or 5 (3) modifies, alters, or amends any authorized 6 use of Federal land under the jurisdiction of a Fed- 7 eral agency. 8 SEC. 7. PRIVATE PROPERTY AND REGULATORY PROTEC- 9 TIONS. 10 Nothing in this Act— 11 (1) abridges the rights of any property owner 12 (whether public or private), including the right to re- 13 frain from participating in any plan, project, pro- 14 gram, or activity conducted within the Heritage 15 Area; 16 (2) requires any property owner— 17 (A) to permit public access (including ac- 18 cess by Federal, State, or local agencies) to the 19 property of the property owner; or 20 (B) to modify public access or use of prop- 21 erty of the property owner under any other 22 Federal, State, or local law; 23 VerDate Sep 11 2014 21:46 Oct 28, 2020 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S4816.IS S4816 pbinns on DSKJLVW7X2PROD with BILLS 13 •S 4816 IS (3) alters any duly adopted land use regulation, 1 approved land use plan, or other regulatory author- 2 ity of any Federal, State, Tribal, or local agency; 3 (4) conveys any land use or other regulatory 4 authority to the Local Coordinating Entity; 5 (5) authorizes or implies the reservation or ap- 6 propriation of water or water rights; 7 (6) enlarges or diminishes the treaty rights of 8 any Indian Tribe within [Text truncated for display. 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