[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4683 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 4683

 To enhance the preservation and interpretation of the Gullah/Geechee 
               cultural heritage, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 24, 2004

    Mr. Clyburn (for himself, Mr. Brown of South Carolina, and Mrs. 
 Christensen) introduced the following bill; which was referred to the 
                         Committee on Resources

_______________________________________________________________________

                                 A BILL


 
 To enhance the preservation and interpretation of the Gullah/Geechee 
               cultural heritage, 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 ``Gullah/Geechee Cultural Heritage 
Act''.

SEC. 2. PURPOSES.

    The purposes of this Act are to--
            (1) recognize the important contributions made to American 
        culture and history by African-Americans known as the Gullah/
        Geechee who settled in the coastal counties of South Carolina 
        and Georgia;
            (2) assist State and local governments and public and 
        private entities in South Carolina and Georgia in interpreting 
        the story of the Gullah/Geechee and preserving Gullah/Geechee 
        folklore, arts, crafts, and music; and
            (3) assist in identifying and preserving sites, historical 
        data, artifacts, and objects associated with the Gullah/Geechee 
        for the benefit and education of the public.

SEC. 3. DEFINITIONS.

    For the purposes of this Act, the following definitions apply:
            (1) Commission.--The term ``Commission'' means the Gullah/
        Geechee Cultural Heritage Corridor Commission established under 
        this Act.
            (2) Heritage corridor.--The term ``Heritage Corridor'' 
        means the Gullah/Geechee Cultural Heritage Corridor established 
        by this Act.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 4. GULLAH/GEECHEE CULTURAL HERITAGE CORRIDOR.

    (a) Establishment.--There is established the Gullah/Geechee 
Cultural Heritage Corridor.
    (b) Boundaries.--
            (1) In general.--The Heritage Corridor shall be comprised 
        of those lands and waters generally depicted on a map entitled 
        ``Gullah/Geechee Cultural Heritage Corridor'' numbered ___ and 
        dated ____. The map shall be on file and available for public 
        inspection in the appropriate offices of the National Park 
        Service and in an appropriate State office in each of the 
        States included in the Heritage Corridor. The Secretary shall 
        publish in the Federal Register, as soon as practicable after 
        the date of enactment of this Act, a detailed description and 
        map of the boundaries established under this subsection.
            (2) Revisions.--The boundaries of the heritage corridor may 
        be revised if the revision is--
                    (A) proposed in the management plan developed for 
                the Heritage Area;
                    (B) approved by the Secretary in accordance with 
                this Act; and
                    (C) placed on file in accordance with paragraph 
                (1).
    (c) Administration.--The Heritage Corridor shall be administered in 
accordance with the provisions of this Act.

SEC. 5. GULLAH/GEECHEE CULTURAL HERITAGE CORRIDOR COMMISSION.

    (a) Establishment.--There is hereby established a commission to be 
known as ``Gullah/Geechee Cultural Heritage Corridor Commission'' whose 
purpose shall be to assist Federal, State, and local authorities in the 
development and implementation of a management plan for those land and 
waters specified in section 4.
    (b) Membership.--The Commission shall be composed of 9 members 
appointed by the Secretary as follows:
            (1) 4 individuals nominated by the State Historic 
        Preservation Officer of South Carolina and 2 individuals 
        nominated by the State Historic Preservation Officer of Georgia 
        and appointed by the Secretary.
            (2) 2 individuals from South Carolina and 1 individual from 
        Georgia who are recognized experts in historic preservation, 
        anthropology, and folklore, appointed by the Secretary.
    (c) Terms.--Members of the Commission shall be appointed to terms 
not to exceed 3 years. The Secretary may stagger the terms of the 
initial appointments to the Commission in order to assure continuity of 
operation. Any member of the Commission may serve after the expiration 
of their term until a successor is appointed. A vacancy shall be filled 
in the same manner in which the original appointment was made.
    (d) Termination.--The Commission shall terminate 10 years after the 
date of enactment of this Act.

SEC. 6. OPERATION OF THE COMMISSION.

    (a) Duties of the Commission.--To further the purposes of the 
Heritage Corridor, the Commission shall--
            (1) prepare and submit a management plan to the Secretary 
        in accordance with section 7;
            (2) assist units of local government and other persons in 
        implementing the approved management plan by--
                    (A) carry out programs and projects that recognize, 
                protect, and enhance important resource values within 
                the Heritage Corridor;
                    (B) establishing and maintaining interpretive 
                exhibits and programs within the Heritage Corridor;
                    (C) developing recreational and educational 
                opportunities in the Heritage Corridor;
                    (D) increasing public awareness of and appreciation 
                for the historical, cultural, natural, and scenic 
                resources of the Heritage Corridor;
                    (E) protecting and restoring historic sites and 
                buildings in the Heritage Corridor that are consistent 
                with heritage corridor themes;
                    (F) ensuring that clear, consistent, and 
                appropriate signs identifying points of public access 
                and sites of interest are posted throughout the 
                Heritage Corridor; and
                    (G) promoting a wide range of partnerships among 
                governments, organizations, and individuals to further 
                the purposes of the Heritage Corridor;
            (3) consider the interests of diverse units of government, 
        business, organizations, and individuals in the Heritage 
        Corridor in the preparation and implementation of the 
        management plan;
            (4) conduct meetings open to the public at least quarterly 
        regarding the development and implementation of the management 
        plan;
            (5) submit an annual report to the Secretary for any fiscal 
        year in which the Commission receives Federal funds under this 
        Act, setting forth its accomplishments, expenses, and income, 
        including grants made to any other entities during the year for 
        which the report is made;
            (6) make available for audit for any fiscal year in which 
        it receives Federal funds under this Act, all information 
        pertaining to the expenditure of such funds and any matching 
        funds, and require all agreements authorizing expenditures of 
        Federal funds by other organizations, that the receiving 
        organization make available for audit all records and other 
        information pertaining to the expenditure of such funds; and
            (7) encourage by appropriate means economic viability that 
        is consistent with the purposes of the Heritage Corridor.
    (b) Authorities.--The Commission may, for the purposes of preparing 
and implementing the management plan, use funds made available under 
this Act to--
            (1) make grants to, and enter into cooperative agreements 
        with the States of South Carolina and Georgia, political 
        subdivisions of those States, a nonprofit organization, or any 
        person;
            (2) hire and compensate staff;
            (3) obtain funds from any source including any that are 
        provided under any other Federal law or program; and
            (4) contract for goods and services.

SEC. 7. MANAGEMENT PLAN.

    (a) In General.--The management plan for the Heritage Corridor 
shall--
            (1) include comprehensive policies, strategies, and 
        recommendations for conservation, funding, management, and 
        development of the Heritage Corridor;
            (2) take into consideration existing State, county, and 
        local plans in the development of the management plan and its 
        implementation;
            (3) include a description of actions that governments, 
        private organizations, and individuals have agreed to take to 
        protect the historical, cultural, and natural resources of the 
        Heritage Corridor;
            (4) specify the existing and potential sources of funding 
        to protect, manage, and develop the Heritage Corridor in the 
        first 5 years of implementation;
            (5) include an inventory of the historical, cultural and 
        natural resources of the Heritage Corridor related to the 
        themes of the Heritage Corridor that should be preserved, 
        restored, managed, developed, or maintained;
            (6) recommend policies and strategies for resource 
        management that consider and detail the application of 
        appropriate land and water management techniques, including the 
        development of intergovernmental and interagency cooperative 
        agreements to protect the Heritage Corridor's historical, 
        cultural, and natural resources;
            (7) describe a program for implementation of the management 
        plan including plans for resources protection, restoration, 
        construction, and specific commitments for implementation that 
        have been made by the Commission or any government, 
        organization, or individual for the first 5 years of 
        implementation;
            (8) include an analysis and recommendations for the ways in 
        which Federal, State, or local programs may best be coordinated 
        to further the purposes of this Act; and
            (9) include an interpretive plan for the Heritage Corridor.
    (b) Submittal of Management Plan.--The Commission shall submit the 
management plan to the Secretary for approval not later than 3 years 
after funds are made available for this Act.
    (c) Failure To Submit.--If the Commission fails to submit the 
management plan to the Secretary in accordance with subsection (b), the 
Heritage Corridor shall not qualify for Federal funding until the 
management plan is submitted.
    (d) Approval or Disapproval of Management Plan.--
            (1) In general.--The Secretary shall approve or disapprove 
        the management plan not later than 90 days after receiving the 
        management plan.
            (2) Criteria.--In determining whether to approve the 
        management plan, the Secretary shall consider whether--
                    (A) the Commission has afforded adequate 
                opportunity, including public hearings, for public and 
                governmental involvement in the preparation of the 
                management plan;
                    (B) the resource preservation and interpretation 
                strategies contained in the management plan would 
                adequately protect the cultural and historic resources 
                of the Heritage Corridor; and
                    (C) the Secretary has received adequate assurances 
                from appropriate State and local officials whose 
                support is needed to ensure the effective 
                implementation of the State and local aspects of the 
                plan.
            (3) Action following disapproval.--If the Secretary 
        disapproves the management plan, the Secretary shall advise the 
        Commission in writing of the reasons therefore and shall make 
        recommendations for revisions to the management plan. The 
        Secretary shall approve or disapprove a proposed revision not 
        later than 60 days after the date it is submitted.
            (4) Approval of amendments.--Substantial amendments to the 
        management plan shall be reviewed and approved by the Secretary 
        in the same manner as provided in the original management plan. 
        The Commission shall not use Federal funds authorized by this 
        Act to implement any amendments until the Secretary has 
        approved the amendments.

SEC. 8. AUTHORITIES OF THE SECRETARY.

    (a) Technical and Financial Assistance.--
            (1) In general.--Upon a request of the Commission, the 
        Secretary may provide technical and financial assistance for 
        the development and implementation of the management plan.
            (2) Priority for assistance.--In providing assistance under 
        paragraph (1), the Secretary shall give priority to actions 
        that assist in--
                    (A) conserving the significant cultural, 
                historical, and natural resources of the Heritage 
                Corridor; and
                    (B) providing educational and interpretive 
                opportunities consistent with the purposes of the 
                Heritage Corridor.
            (3) Spending for non-federal property.--
                    (A) In general.--The Commission may expend Federal 
                funds made available under this Act on nonfederally 
                owned property that is--
                            (i) identified in the management plan; or
                            (ii) listed or eligible for listing on the 
                        National Register for Historic Places.
                    (B) Agreements.--Any payment of Federal funds made 
                pursuant to this Act shall be subject to an agreement 
                that conversion, use, or disposal of a project so 
                assisted for purposes contrary to the purposes of this 
                Act, as determined by the Secretary, shall result in a 
                right of the United States to compensation of all funds 
                made available to that project or the proportion of the 
                increased value of the project attributable to such 
                funds as determined at the time of such conversion, 
                use, or disposal, whichever is greater.

SEC. 9. DUTIES OF OTHER FEDERAL AGENCIES.

    Any Federal agency conducting or supporting activities directly 
affecting the Heritage Corridor shall--
            (1) consult with the Secretary and the Commission with 
        respect to such activities;
            (2) cooperate with the Secretary and the Commission in 
        carrying out their duties under this Act and, to the maximum 
        extent practicable, coordinate such activities with the 
        carrying out of such duties; and
            (3) to the maximum extent practicable, conduct or support 
        such activities in a manner in which the Commission determines 
        will not have an adverse effect on the Heritage Corridor.

SEC. 10. COASTAL HERITAGE CENTERS.

    In furtherance of the purposes of this Act and using the 
authorities made available under this Act, the Commission shall 
establish one or more Coastal Heritage Centers at appropriate locations 
within the Heritage Corridor.

SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated for the 
purposes of this Act not more than $1,000,000 for any fiscal year. Not 
more than a total of $10,000,000 may be appropriated for the Heritage 
Corridor under this Act.
    (b) Cost Share.--Federal funding provided under this Act may not 
exceed 50 percent of the total cost of any activity for which 
assistance is provided under this Act.
    (c) In-Kind Contributions.--The Secretary may accept in-kind 
contributions as part of the non-Federal cost share of any activity for 
which assistance is provided under this Act.

SEC. 12. TERMINATION OF AUTHORITY.

    The authority of the Secretary to provide assistance under this Act 
shall terminate on the day occurring