[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1137 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                S. 1137

 To establish the Mississippi Gulf Coast National Heritage Area in the 
             State of Mississippi, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 22, 2003

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

_______________________________________________________________________

                                 A BILL


 
 To establish the Mississippi Gulf Coast National Heritage Area in the 
             State of Mississippi, 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 ``Mississippi Gulf Coast National 
Heritage Area Act''.

SEC. 2. CONGRESSIONAL FINDINGS.

    Congress finds that--
            (1) the 6-county area in southern Mississippi located on 
        the Gulf of Mexico and in the Mississippi Coastal Plain has a 
        unique identity that is shaped by--
                    (A) the coastal and riverine environment; and
                    (B) the diverse cultures that have settled in the 
                area;
            (2) the area is rich with diverse cultural and historical 
        significance, including--
                    (A) early Native American settlements; and
                    (B) Spanish, French, and English settlements 
                originating in the 1600s;
            (3) the area includes spectacular natural, scenic, and 
        recreational resources;
            (4) there is broad support from local governments and other 
        interested individuals for the establishment of the Mississippi 
        Gulf Coast National Heritage Area to coordinate and assist in 
        the preservation and interpretation of those resources;
            (5) the Comprehensive Resource Management Plan, coordinated 
        by the Mississippi Department of Marine Resources--
                    (A) is a collaborative effort of the Federal 
                Government and State and local governments in the area; 
                and
                    (B) is a natural foundation on which to establish 
                the Heritage Area; and
            (6) establishment of the Heritage Area would assist local 
        communities and residents in preserving the unique cultural, 
        historical, and natural resources of the area.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Heritage area.--The term ``Heritage Area'' means the 
        Mississippi Gulf Coast National Heritage Area established by 
        section 4(a).
            (2) Coordinating entity.--The term ``coordinating entity'' 
        means the coordinating entity for the Heritage Area designated 
        by section 4(c).
            (3) Management plan.--The term ``management plan'' means 
        the management plan for the Heritage Area developed under 
        section 5.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (5) State.--The term ``State'' means the State of 
        Mississippi.

SEC. 4. MISSISSIPPI GULF COAST NATIONAL HERITAGE AREA.

    (a) Establishment.--There is established in the State the 
Mississippi Gulf Coast National Heritage Area.
    (b) Boundaries.--The Heritage Area shall consist of the counties of 
Pearl River, Stone, George, Hancock, Harrison, and Jackson in the 
State.
    (c) Coordinating Entity.--
            (1) In general.--The Mississippi Department of Marine 
        Resources, in consultation with the Mississippi Department of 
        Archives and History, shall serve as the coordinating entity 
        for the Heritage Area.
            (2) Oversight committee.--The coordinating entity shall 
        ensure that each of the 6 counties included in the Heritage 
        Area is appropriately represented on any oversight committee.

SEC. 5. MANAGEMENT PLAN.

    (a) In General.--Not later than 3 years after the date of enactment 
of this Act, the coordinating entity shall develop and submit to the 
Secretary a management plan for the Heritage Area.
    (b) Requirements.--The management plan shall--
            (1) provide recommendations for the conservation, funding, 
        management, interpretation, and development of the cultural, 
        historical, archaeological, natural, and recreational resources 
        of the Heritage Area;
            (2) identify sources of funding for the Heritage Area;
            (3) include--
                    (A) an inventory of the cultural, historical, 
                archaeological, natural, and recreational resources of 
                the Heritage Area; and
                    (B) an analysis of ways in which Federal, State, 
                tribal, and local programs may best be coordinated to 
                promote the purposes of this Act;
            (4) provide recommendations for educational and 
        interpretive programs to inform the public about the resources 
        of the Heritage Area; and
            (5) involve residents of affected communities and tribal 
        and local governments.
    (c) Failure to Submit.--If a management plan is not submitted to 
the Secretary by the date specified in subsection (a), the Secretary 
shall not provide any additional funding under this Act until a 
management plan for the Heritage Area is submitted to the Secretary.
    (d) Approval or Disapproval of the Management Plan.--
            (1) In general.--Not later than 90 days after receipt of 
        the management plan under subsection (a), the Secretary shall 
approve or disapprove the management plan.
            (2) Action following disapproval.--If the Secretary 
        disapproves a management plan under paragraph (1), the 
        Secretary shall--
                    (A) advise the coordinating entity in writing of 
                the reasons for disapproval;
                    (B) make recommendations for revision of the 
                management plan; and
                    (C) allow the coordinating entity to submit to the 
                Secretary revisions to the management plan.
    (e) Revision.--After approval by the Secretary of the management 
plan, the coordinating entity shall periodically--
            (1) review the management plan; and
            (2) submit to the Secretary, for review and approval by the 
        Secretary, any recommendations for revisions to the management 
        plan.

SEC. 6. AUTHORITIES AND DUTIES OF COORDINATING ENTITY.

    (a) Authorities.--For purposes of developing and implementing the 
management plan and otherwise carrying out this Act, the coordinating 
entity may make grants to and provide technical assistance to tribal 
and local governments, and other public and private entities.
    (b) Duties.--In addition to developing the management plan under 
section 5, in carrying out this Act, the coordinating entity shall--
            (1) implement the management plan; and
            (2) assist local and tribal governments and non-profit 
        organizations in--
                    (A) establishing and maintaining interpretive 
                exhibits in the Heritage Area;
                    (B) developing recreational resources in the 
                Heritage Area;
                    (C) increasing public awareness of, and 
                appreciation for, the cultural, historical, 
                archaeological, and natural resources of the Heritage 
                Area;
                    (D) restoring historic structures that relate to 
                the Heritage Area; and
                    (E) carrying out any other activity that the 
                coordinating entity determines to be appropriate to 
                carry out this Act, consistent with the management 
                plan;
            (3) conduct public meetings at least annually regarding the 
        implementation of the management plan; and
            (4) for any fiscal year for which Federal funds are made 
        available under section 9--
                    (A) submit to the Secretary a report that 
                describes, for the fiscal year, the actions of the 
                coordinating entity in carrying out this Act;
                    (B) make available to the Secretary for audit all 
                records relating to the expenditure of funds and any 
                matching funds; and
                    (C) require, for all agreements authorizing the 
                expenditure of Federal funds by any entity, that the 
                receiving entity make available to the Secretary for 
                audit all records relating to the expenditure of the 
                funds.
    (c) Prohibition on Acquisition of Real Property.--The coordinating 
entity shall not use Federal funds made available under this Act to 
acquire real property or any interest in real property.

SEC. 7. TECHNICAL AND FINANCIAL ASSISTANCE; OTHER FEDERAL AGENCIES.

    (a) In General.--On the request of the coordinating entity, the 
Secretary may provide technical and financial assistance to the 
coordinating entity for use in the development and implementation of 
the management plan.
    (b) Prohibition of Certain Requirements.--The Secretary may not, as 
a condition of the provision of technical or financial assistance under 
this section, require any recipient of the assistance to impose or 
modify any land use restriction or zoning ordinance.

SEC. 8. EFFECT OF ACT.

    Nothing in this Act--
            (1) affects or authorizes the coordinating entity to 
        interfere with--
                    (A) the right of any person with respect to private 
                property; or
                    (B) any local zoning ordinance or land use plan;
            (2) restricts an Indian tribe from protecting cultural or 
        religious sites on tribal land;
            (3) modifies, enlarges, or diminishes the authority of any 
        State, tribal, or local government to regulate any use of land 
        under any other law (including regulations);
            (4)(A) modifies, enlarges, or diminishes the authority of 
        the State to manage fish and wildlife in the Heritage Area, 
        including the regulation of fishing and hunting; or
            (B) authorizes the coordinating entity to assume any 
        management authorities over such lands; or
            (5) diminishes the trust responsibilities or government-to-
        government obligations of the United States to any federally 
        recognized Indian tribe.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated to carry 
out this Act $10,000,000, of which not more than $1,000,000 may be made 
available for any fiscal year.
    (b) Cost-Sharing Requirement.--The Federal share of the total cost 
of any activity assisted under this Act shall be not more than 50 
percent.
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