[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1583 Introduced in Senate (IS)]







104th CONGRESS
  2d Session
                                S. 1583

 To establish the Lower Eastern Shore American Heritage Area, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

            February 29 (legislative day, February 28), 1996

 Mr. Sarbanes introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
 To establish the Lower Eastern Shore American Heritage Area, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Lower Eastern Shore American 
Heritage Area Act of 1996''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Coordinating entity.--The term ``coordinating entity'' 
        means the Lower Eastern Shore Heritage Committee, Inc., a 
        nonprofit corporation organized under the laws of Maryland.
            (2) Heritage area.--The term ``Heritage Area'' means the 
        Lower Eastern Shore American Heritage Area established under 
        section 5.
            (3) Participating partner.--The term ``participating 
        partner'' means a county that has entered into the compact 
        under section 6.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 3. FINDINGS.

    Congress finds that--
            (1) the Lower Eastern Shore possesses important historical, 
        cultural, and natural resources, representing themes of 
        settlement, migration, transportation, commerce, and natural 
        resource uses, as described in the Lower Eastern Shore Heritage 
        Plan (1992), endorsed by local governments, and in the draft 
        report, Investing in a Special Place: A Report by the National 
        Park Service to Congress and the Public on Resources, 
        Accomplishments, and Opportunities for Conservation and 
        Sustainable Development: Lower Eastern Shore, Maryland (1995);
            (2) the Lower Eastern Shore played an important role in the 
        history of the American Revolution and the Civil War;
            (3) the Lower Eastern Shore gave birth to the uniquely 
        American art form of decoy-carving through the internationally 
        recognized work of Lemuel and Steve Ward and played a central 
        role in the recognition of the aesthetic value of waterfowl 
        habitat and landscapes;
            (4) the skipjack, a popular symbol of the Chesapeake Bay 
        designed and used in Maryland for harvesting oysters, is the 
        last commercial sailing vessel still used in North America;
            (5) the Lower Eastern Shore played an important role in the 
        evolution of the colonial and American agricultural, timbering, 
        shipping, and seafood industries in the 17th through 20th 
        centuries, exemplified in many structures and landscapes, 
        including farms and plantations, railroad towns, seafood 
        processing industries, docks, and what was once the largest 
        cannery in the United States;
            (6) the Lower Eastern Shore rural townscapes and 
        landscapes--
                    (A) display exceptional surviving physical 
                resources illustrating the themes of the Lower Eastern 
                Shore and the social, industrial, and cultural history 
                of the 17th through the early 20th centuries; and
                    (B) include many national historic sites and 
                landmarks;
            (7) the Lower Eastern Shore is the home of traditions and 
        research efforts associated with native American, African-
        American, and European-American settlements dating to periods 
        before, during, and after European contact, and retains 
        physical, social, and cultural evidence of the traditions; and
            (8) the State of Maryland has established a structure to 
        enable Lower Eastern Shore communities to join together to 
        preserve, conserve, and manage the Lower Eastern Shore's 
        resources through the Maryland Greenways Commission, river 
        conservation, trail development, and other means.

SEC. 4. PURPOSES.

    The purposes of this Act are to--
            (1) recognize the importance of the history, culture, and 
        living resources of the Lower Eastern Shore to the United 
        States;
            (2) assist the State of Maryland and the communities of the 
        Lower Eastern Shore in protecting, restoring, and interpreting 
        the Lower Eastern Shore's resources for the benefit of the 
        United States; and
            (3) authorize Federal financial and technical assistance to 
        serve the purposes stated in paragraph (1) and (2).

SEC. 5. LOWER EASTERN SHORE AMERICAN HERITAGE AREA.

    (a) Establishment.--The Secretary shall establish a Lower Eastern 
Shore American Heritage Area.
    (b) Initial Geographic Scope.--
            (1) In general.--Except as otherwise provided in this 
        subsection, the Heritage Area shall consist of the Maryland 
        counties of Somerset, Wicomico, and Worcester.
            (2) Local agreement to participate.--The government of each 
        county listed under paragraph (1) and each municipality in a 
        county listed under paragraph (1) shall become a participating 
        partner by entering into the compact under section 6.
            (3) Additional partners.--The Secretary may include a 
        county or municipality other than those listed in paragraph (1) 
        to be part of the Heritage Area if the county becomes a 
        participating partner by entering into the compact under 
        section 6.
            (4) Coordination.--The Secretary may coordinate with or 
        allow participation by any county, city, town, or village in 
        the Lower Eastern Shore.

SEC. 6. COMPACT.

    (a) In General.--To carry out the purposes of this Act, the 
Secretary shall enter into a compact with the State of Maryland, the 
coordinating entity, and any county eligible to be a participating 
partner under section 5.
    (b) Information.--The compact shall include information relating to 
the objectives and management of Heritage Area programs, including--
            (1) a discussion of the goals and objectives of Heritage 
        Area programs, including an explanation of a proposed approach 
        to conservation and interpretation and a general outline of the 
        measures committed to by the parties to the compact;
            (2) a description of the respective roles of the 
        participating partners;
            (3) a list of the initial partners to be involved in 
        developing and implementing a management plan for the Heritage 
        Area and a statement of the financial commitment of the 
        partners; and
            (4) a description of the role of the State of Maryland.

SEC. 7. MANAGEMENT PLAN.

    (a) In General.--The coordinating entity and the participating 
partners shall develop a management plan for the Heritage Area that 
presents comprehensive recommendations for conservation, program 
funding, management, and development.
    (b) Plan Requirements.--The management plan shall--
            (1) be consistent with State and local plans in existence 
        prior to development of the management plan;
            (2) involve residents, public agencies, universities, and 
        private organizations working in the Heritage Area;
            (3) specify the existing and potential sources of funding 
        to protect, manage, and develop the Heritage Area; and
            (4) include--
                    (A) a description of actions to be undertaken by 
                units of government and private organizations;
                    (B) an inventory of the resources contained in the 
                Heritage Area, including a list of any property in the 
                Heritage Area that is related to the themes of the 
                Heritage Area and that should be preserved, restored, 
                managed, developed, or maintained because of the 
                property's natural, cultural, historical, recreational, 
                or scenic significance;
                    (C) a recommendation of policies for resource 
                management that considers and details application of 
                appropriate land and water management techniques, 
                including the development of intergovernmental 
                cooperative agreements to protect the Heritage Area's 
                historical, cultural, recreational, and natural 
                resources in a manner that is consistent with 
                supporting appropriate and compatible economic 
                viability;
                    (D) a program for implementation of the management 
                plan, including plans for restoration and construction, 
                and specific commitments of the participating partners 
                for the first 5 years of operation;
                    (E) an analysis of ways in which Federal, State, 
                and local programs may best be coordinated to promote 
                the purposes of this Act; and
                    (F) an interpretation plan for the Heritage Area.
    (c) Time Limit for Submission of a Management Plan.--If the 
Secretary has not approved a management plan by the date that is 2 
years after the date of enactment of this Act, the Heritage Area shall 
be ineligible for Federal funding until a management plan is approved.

SEC. 8. THE COORDINATING ENTITY AND PARTICIPATING PARTNERS.

    (a) Duties of the Coordinating Entity and Participating Partners.--
The coordinating entity and participating partners shall--
            (1) develop and submit to the Secretary for approval a 
        management plan pursuant to section 7 not later than the date 
        that is 2 years after the date of enactment of this Act;
            (2) give priority to implementing actions set forth in the 
        compact and the management plan, including taking steps to--
                    (A) assist units of government, regional planning 
                organizations, and nonprofit organizations in--
                            (i) preserving the Heritage Area;
                            (ii) establishing and maintaining 
                        interpretive exhibits in the Heritage Area;
                            (iii) developing recreational resources in 
                        the Heritage Area;
                            (iv) increasing public awareness of and 
                        appreciation for the natural, historical, and 
                        architectural resources and sites in the 
                        Heritage Area; and
                            (v) restoring any historic building 
                        relating to the themes of the Heritage Area;
                    (B) encourage by appropriate means economic 
                vitality in the area consistent with the management 
                plan for the Heritage Area;
                    (C) encourage local governments to adopt policies 
                consistent with the management of the Heritage Area and 
                the goals of the plan; and
                    (D) assist units of government, regional planning 
                organizations, businesses, and nonprofit organizations 
                to ensure that clear, consistent, and environmentally 
                appropriate signs identifying access points and sites 
                of interest are put in place throughout the Heritage 
                Area;
            (3) consider the interests of diverse governmental, 
        business, and nonprofit groups within the Heritage Area;
            (4) conduct public meetings not less frequently than 
        quarterly regarding the implementation of the management plan;
            (5) submit substantial changes (including any increase of 
        more than 20 percent in the cost estimates for implementation) 
        to the management plan to the Secretary for approval;
            (6) for any year in which Federal funds have been received 
        under this Act, submit an annual report to the Secretary 
        setting forth the accomplishments and expenses and income of 
        the coordinating entity and the participating partners and the 
        entity to which any loans and grants were made during the year 
        for which the report is made; and
            (7) for any year in which Federal funds have been received 
        under this Act, make available for audit all records pertaining 
        to the expenditure of the Federal funds and any matching funds 
        and require, for all agreements authorizing expenditure of 
        Federal funds by other organizations, that the receiving 
        organizations make available for audit all records pertaining 
        to the expenditure of the funds.
    (b) Federal Funding.--
            (1) Operations.--The Federal contribution to the operations 
        of the coordinating entity and participating partners shall not 
        exceed 50 percent of the annual operating cost of the entity 
        and partners associated with carrying out this Act.
            (2) Implementation.--A grant to the coordinating entity or 
        a participating partner for implementation of this Act may not 
        exceed 75 percent of the cost of the entity and partners for 
        implementing this Act.
    (c) Prohibition of Acquisition of Real Property.--The coordinating 
entity may not use Federal funds received under this Act to acquire 
real property or an interest in real property.
    (d) Eligibility To Receive Financial Assistance.--
            (1) Eligibility.--Except as provided in paragraph (2), the 
        coordinating entity shall be eligible to receive funds to carry 
        out this Act for a period of 10 years after the date on which 
        the compact under section 6 is signed by the Secretary and the 
        coordinating entity.
            (2) Exception.--The coordinating entity may receive funding 
        under this Act for a period of not more than 5 additional 
        years, if--
                    (A) the coordinating entity determines that the 
                extension is necessary in order to carry out the 
                purposes of this Act and the coordinating entity 
                notifies the Secretary of the determination not later 
                than 180 days prior to the termination date;
                    (B) not later than 180 days prior to the 
                termination date, the coordinating entity presents to 
                the Secretary a plan of activities for the period of 
                the extension, including a plan for becoming 
                independent of the funds made available through this 
                Act; and
                    (C) the Secretary, in consultation with the 
                Governor of Maryland, approves the extension of 
                funding.
    (e) Other Federal Funds.--Nothing in this Act shall affect the use 
of Federal funds received by the coordinating entity or a participating 
partner under any other Act.

SEC. 9. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES.

    (a) Duties and Authorities of the Secretary.--
            (1) Grants to the coordinating entity and participating 
        partners.--The Secretary shall make grants available to the 
        coordinating entity and the participating partners to carry out 
        this Act.
            (2) Technical and financial assistance.--
                    (A) In general.--On request of the coordinating 
                entity, the Secretary may provide technical and 
                financial assistance to the coordinating entity and 
                participating partners to develop and implement the 
                management plan.
                    (B) Priority.--In assisting the coordinating entity 
                and participating partners, the Secretary shall give 
                priority to actions that--
                            (i) conserve the significant natural, 
                        historic, and cultural resources of the 
                        Heritage Area; and
                            (ii) provide educational, interpretive, and 
                        recreational opportunities consistent with the 
                        resources and associated values of the Heritage 
                        Area.
                    (B) Expenditures for nonfederally owned property.--
                The Secretary may expend Federal funds on nonfederally 
                owned property to further the purposes of this Act, 
                including assisting units of government in appropriate 
                treatment of districts, sites, buildings, structures, 
                and objects listed or eligible for listing on the 
                National Register of Historic Places.
            (2) Approval and disapproval of compacts and management 
        plans.--
                    (A) In general.--The Secretary, in consultation 
                with the Governor of Maryland, shall approve or 
                disapprove a compact or management plan submitted under 
                this Act not later than 90 days after receiving the 
                compact or management plan.
                    (B) Action following disapproval.--
                            (i) In general.--If the Secretary 
                        disapproves a compact or management plan, the 
                        Secretary shall advise the coordinating entity 
                        in writing of the reasons for rejecting the 
                        compact or plan and shall make recommendations 
                        for revisions in the compact or plan.
                            (ii) Approval of revision.--The Secretary 
                        shall approve or disapprove a proposed revision 
                        not later than 90 days after the date the 
                        revision is submitted.
            (3) Approving amendments.--
                    (A) In general.--The Secretary shall review 
                substantial amendments to the management plan for the 
                Heritage Area.
                    (B) Funds for amendment.--Funds made available 
                under this Act may not be expended to implement a 
                substantial amendment to the management plan until the 
                Secretary approves the amendment.
            (4) Issuing regulations.--The Secretary shall issue such 
        regulations as are necessary to carry out this Act.
    (b) Duties of Federal Entities.--A Federal entity conducting or 
supporting an activity directly affecting the Heritage Area, and any 
unit of government acting pursuant to a grant of Federal funds or a 
Federal permit or agreement conducting or supporting an activity 
directly affecting the Heritage Area, shall, to the maximum extent 
practicable--
            (1) consult with the Secretary and the coordinating entity 
        with respect to the activity;
            (2) cooperate with the Secretary and the coordinating 
        entity in carrying out the duties of the Secretary and the 
        coordinating entity under this Act; and
            (3) conduct or support the activity in a manner consistent 
        with the management plan.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary 
to carry out this Act.
                                 <all>