[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4683 Received in Senate (RDS)]

  2d Session
                                H. R. 4683


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 29, 2004

                                Received

_______________________________________________________________________

                                 AN ACT


 
 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 the 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 GGCHC/
        80,000, and dated September 2004. 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 Corridor;
                    (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 nine members 
appointed by the Secretary as follows:
            (1) Four individuals nominated by the State Historic 
        Preservation Officer of South Carolina and two individuals 
        nominated by the State Historic Preservation Officer of Georgia 
        and appointed by the Secretary.
            (2) Two individuals from South Carolina and one 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 the 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, 
        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. TECHNICAL AND FINANCIAL ASSISTANCE.

    (a) 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.
    (b) Priority for Assistance.--In providing assistance under 
subsection (a), the Secretary shall give priority to actions that 
assist in--
            (1) conserving the significant cultural, historical, and 
        natural resources of the Heritage Corridor; and
            (2) providing educational and interpretive opportunities 
        consistent with the purposes of the Heritage Corridor.
    (c) Spending for Non-Federal Property.--
            (1) In general.--The Commission may expend Federal funds 
        made available under this Act on nonfederally owned property 
        that is--
                    (A) identified in the management plan; or
                    (B) listed or eligible for listing on the National 
                Register for Historic Places.
            (2) 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 in accordance with the preferred 
alternative identified in the Record of Decision for the Low Country 
Gullah Culture Special Resource Study and Environmental Impact Study, 
December 2003.

SEC. 11. PRIVATE PROPERTY PROTECTION.

    (a) Access to Private Property.--Nothing in this Act shall be 
construed to require any private property owner to permit public access 
(including Federal, State, or local government access) to such private 
property. Nothing in this Act shall be construed to modify any 
provision of Federal, State, or local law with regard to public access 
to or use of private lands.
    (b) Liability.--Designation of the Heritage Corridor shall not be 
considered to create any liability, or to have any effect on any 
liability under any other law, of any private property owner with 
respect to any persons injured on such private property.
    (c) Recognition of Authority to Control Land Use.--Nothing in this 
Act shall be construed to modify any authority of Federal, State, or 
local governments to regulate land use.
    (d) Participation of Private Property Owners in Heritage 
Corridor.--Nothing in this Act shall be construed to require the owner 
of any private property located within the boundaries of the Heritage 
Corridor to participate in or be associated with the Heritage Corridor.
    (e) Effect of Establishment.--The boundaries designated for the 
Heritage Corridor represent the area within which Federal funds 
appropriated for the purpose of this Act shall be expended. The 
establishment of the Heritage Corridor and its boundaries shall not be 
construed to provide any nonexisting regulatory authority on land use 
within the Heritage Corridor or its viewshed by the Secretary or the 
management entity.
    (f) Notification and Consent of Property Owners Required.--No 
privately owned property shall be preserved, conserved, or promoted by 
the management plan for the Heritage Corridor until the owner of that 
private property has been notified in writing by the management entity 
and has given written consent for such preservation, conservation, or 
promotion to the management entity.
    (g) Landowner Withdrawal.--Any owner of private property included 
within the boundary of the Heritage Corridor shall have their property 
immediately removed from within the boundary by submitting a written 
request to the management entity.

SEC. 12. 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. 13. TERMINATION OF AUTHORITY.

    The authority of the Secretary to provide assistance under this Act 
shall terminate on the day occurring 15 years after the date of the 
enactment of this Act.

            Passed the House of Representatives September 28, 2004.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.