Short title

This Act may be cited as the

Muscle Shoals National Heritage Area Act

Findings

Congress finds the following: (1)The Muscle Shoals area in Northwest Alabama is a region rich in natural and cultural history. (2)The Muscle Shoals area is defined by its distinctive geography, especially the Wilson Dam, a National Historic Landmark. (3)The Muscle Shoals National Heritage Area feasibility study includes the counties of Colbert, Franklin, Lauderdale, Lawrence, Limestone, and Morgan, in Northwest Alabama. (4)Muscle Shoals is the birthplace of the Tennessee Valley Authority, notable for power generation and the creation of recreational lakes. (5)The Tennessee River at Muscle Shoals is important in having shaped western expansion and cultural development of the United States. (6)The Muscle Shoals area drew the remarkable military and entrepreneurial service of the General Wheeler family. (7)The Muscle Shoals area was the birthplace of Helen Keller, a celebrated symbol of inspiration for persons overcoming disabilities. (8)The Muscle Shoals area was the home of William Christopher W.C. Handy, the first musician to identify, arrange, publish, and popularize the blues musical genre. (9)The world-renowned Muscle Shoals sound left an indelible impression on the development of music in the United States.

Definitions

In this Act: (1)

Heritage area

The term Heritage Area means the Muscle Shoals National Heritage Area, established in section 4. (2)

Local coordinating entity

The term local coordinating entity means the local coordinating entity for the Heritage Area designated by section 4(d). (3)

Management plan

The term management plan means the management plan for the Heritage Area specified in section 5. (4)

Map

The term map means the map titled Boundary Map Muscle Shoals National Heritage Area-Alternative ____, numbered ___, and dated_____. (5)

Secretary

The term Secretary means the Secretary of the Interior. (6)

State

The term State means the State of Alabama.

Muscle shoals national heritage area

(a)

Establishment

There is established the Muscle Shoals National Heritage Area. (b)

Boundaries

The National Heritage Area shall be comprised of— (1)the counties of Colbert, Franklin, Lauderdale, Lawrence, Limestone, and Morgan; (2)the Wilson Dam; (3)the Handy Home; and (4)the Helen Keller birthplace. (c)

Availability of map

The map shall be on file and available for public inspection in the appropriate offices of the National Park Service, Department of the Interior. (d)

Local coordinating entity

The Muscle Shoals Regional Center shall be the local coordinating entity for the Heritage Area.

Local coordinating entity

(a)

In general

The local coordinating entity shall be governed by a board of directors composed of at least 6 members, one resident from each of Colbert, Lauderdale, Franklin, Lawrence, Morgan, and Limestone counties, Alabama, the counties included in the Muscle Shoals National Heritage. (b)

Duties

To further the purposes of the Heritage Area, the local coordinating entity shall— (1)prepare and submit a management plan for the Heritage Area to the Secretary in accordance with section 6; (2)assist units of local government, regional planning organizations, and nonprofit organizations in implementing the approved management plan by— (A)carrying out programs and projects that recognize, protect, and enhance important resource values within the Heritage Area; (B)establishing and maintaining interpretive exhibits and programs within the Heritage Area; (C)developing recreational and educational opportunities in the Heritage Area; (D)increasing public awareness of and appreciation for natural, historical, scenic, and cultural resources of the Heritage Area; (E)protecting and restoring historic sites and buildings in the Heritage Area that are consistent with heritage area themes; (F)ensuring that clear, consistent, and appropriate signs identifying points of public access and sites of interest are posted throughout the Heritage Area; and (G)promoting a wide range of partnerships among governments, organizations, and individuals to further the purposes of the Heritage Area; (3)consider the interests of diverse units of government, businesses, organizations, and individuals in the Heritage Area in the preparation and implementation of the management plan; (4)conduct meetings open to the public at least semi-annually regarding the development and implementation of the management plan; (5)submit an annual report to the secretary for any fiscal year in which the local coordinating entity receives Federal funds under this Act specifying— (A)the specific performance goals and accomplishments of the local coordinating entity; (B)the expenses and income of the local coordinating entity; (C)the amounts and sources of matching funds; (D)the amounts leveraged with Federal funds and sources of the leveraging; and (E)grants made to any other entities during the fiscal year; (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 in all agreements authorizing expenditures of Federal funds by other organizations, that the receiving organizations make available for such 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 Area. (c)

Authorities

The local coordinating entity may, for the purposes of preparing and implementing the management plan for the Heritage Area, use Federal funds made available through this Act to— (1)make grants to the State of Alabama, its political subdivisions, nonprofit organizations, and other persons; (2)enter into cooperative agreements with or provide technical assistance to the State of Alabama, its political jurisdictions, nonprofit organizations, Federal agencies, and other interested parties; (3)hire and compensate staff, which shall include individuals with expertise in natural, cultural, and historical resources protection, economic and community development, and heritage planning; (4)obtain funds or services from any source including any that are provided under any other Federal law or program; (5)contract for goods or services; and (6)support activities of partners and any other activities that further the purposes of the Heritage Area and that are consistent with the approved management plan. (d)

Prohibitions on the acquisition of real property

The local coordinating entity may not use Federal funds received under this Act to acquire real property, but may use any other source of funding, including other Federal funding outside this authority, intended for the acquisition of real property.

Management plan

(a)

In general

The management plan for the Heritage Area shall— (1)include comprehensive policies, strategies, and recommendations for conservation, funding, management, and development of the Heritage Area; (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 natural, historical, and cultural resources of the Heritage Area; (4)specify the existing and potential sources of funding or economic development strategies to protect, manage, and develop the Heritage Area; (5)include an inventory of the natural, historical, cultural, educational, scenic, and recreational resources of the Heritage Area related to the themes of the Heritage Area 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, but not limited to, the development of intergovernmental and interagency cooperative agreements to protect the Heritage Area’s natural, historical, cultural, educational, scenic, and recreational resources; (7)describe a program of implementation for the management plan, including performance goals, plans for resource protection, restoration, interpretation, enhancement, management, and development, and specific commitments for implementation that have been made by the local coordinating entity or any government, organization, or individual; (8)include an analysis and recommendations for ways in which local, State, and Federal programs, including the role of the National Park Service in the Heritage Area, may best be coordinated to further the purposes of this Act; (9)include an interpretive plan for the Heritage Area; and (10)include a business plan that— (A)describes the role, operation, financing, and functions of the local coordinating entity and of each of the major activities contained in the management plan; and (B)provides adequate assurances that the local coordinating entity has the partnerships and financial and other resources necessary to implement the management plan for the Heritage Area. (b)

Deadline and termination of funding

(1)

Deadline

The local coordinating entity shall submit the management plan to the Secretary for approval within 3 years after funds are made available for this Act. (2)

Termination of funding

If the management plan is not submitted to the Secretary in accordance with this subsection, the local coordinating entity shall not qualify for Federal funding under this Act until such time as the management plan is submitted to and approved by the Secretary.

Duties and authorities of the secretary

(a)

Technical and financial assistance

(1)

In general

The Secretary may, upon the request of the local coordinating entity, provide technical and financial assistance on a reimbursable or non-reimbursable basis (as determined by the Secretary) to the Heritage Area to develop and implement the approved management plan. The Secretary is authorized to enter into cooperative agreements with the local coordinating entity and other public or private entities for this purpose. (2)

Priority actions

In assisting the Heritage Area, the Secretary shall give priority to actions that in general assist in— (A)conserving the significant natural, historical, cultural, and scenic resources of the Heritage Area; and (B)providing educational, interpretive, and recreational opportunities consistent with the purposes of the Heritage Area. (b)

Approval and disapproval of management plan

(1)

In general

The Secretary shall approve or disapprove the management plan not later than 180 days after receiving the management plan. (2)

Criteria for approval

In determining the approval of the management plan, the Secretary shall consider whether— (A)the local coordinating entity is representative of the diverse interests of the Heritage Area, including governments, natural and historic resource protection organizations, educational institutions, businesses, and recreational organizations; (B)the local coordinating entity has afforded adequate opportunity for public and governmental involvement, including public hearings, in the preparation of the management plan; (C)the resource protection and interpretation strategies contained in the management plan, if implemented, would adequately protect the natural, historical, and cultural resources of the Heritage Area; (D)the Secretary has received adequate assurances from the appropriate State and local officials whose support is needed to ensure the effective implementation of the State and local aspects of the management plan; and (E)the local coordinating entity has demonstrated the financial capability, in partnership with others, to carry out the plan. (3)

Action following disapproval

If the Secretary disapproves the management plan, the Secretary shall advise the local coordinating entity 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 within 180 days after the date it is submitted. (4)

Approval of amendments

Substantial amendments to the management plan shall be reviewed by the Secretary and approved in the same manner as provided for the original management plan. The local coordinating entity shall not use Federal funds authorized by this Act to implement any amendments until the Secretary has approved the amendments.

Relationship to other federal agencies

(a)

In general

This Act shall not affect the authority of any Federal official to provide technical or financial assistance under any other law. (b)

Consultation and coordination

The head of any Federal agency planning to conduct activities that may have an impact on the Heritage Area is encouraged to consult and coordinate the activities with the Secretary and the local coordinating entity to the extent practicable. (c)

Other federal agencies

Nothing in this Act— (1)modifies, alters, or amends any law or regulation authorizing a Federal agency to manage Federal land under the jurisdiction of the Federal agency; (2)limits the discretion of a Federal land manager to implement an approved land use plan within the boundaries of the Heritage Area; or (3)modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal agency.

Property owners and regulatory protections

Nothing in this Act shall be construed to— (1)abridge the rights of any property owner, whether public or private, including the right to refrain from participating in any plan, project, program, or activity conducted within the Heritage Area; (2)require any property owner to permit public access (including Federal, Tribal, State, or local government access) to such property or to modify provisions of Federal, Tribal, State, or local law with regard to public access or use of private lands; (3)alters any duly adopted land use regulations or approved land use plan or any other regulatory authority of any Federal, State, or local agency, or Tribal government or to convey any land-use or other regulatory authority to any local coordinating entity; (4)authorizes or imply the reservation or appropriation of water or water rights; (5)diminish the authority of the State to manage fish and wildlife including the regulation of fishing and hunting within the Heritage Area; or (6)creates any liability, or affects any liability under any other law, of any private property owner with respect to any persons injured on such private property.

10.

Authorization of appropriations

(a)

In general

There is authorized to be appropriated for the purposes of this Act $10,000,000, of which not more than $1,000,000 shall be made available for any fiscal year. (b)

Matching funds

Federal funding provided under this Act may not exceed 50 percent of the total cost of any assistance or grant provided or authorized under this Act. (c)

Administrative costs

The local coordinating entity may not expend more than 15 percent of funds made available under this Act for administrative costs.

11.

Requirements for inclusion of private property

(a)

Notification and Consent of Property Owners Required

No privately owned property shall be preserved, conserved, or promoted by the management plan for the Heritage Area until the owner of that private property has been notified in writing by the management entity and has given written consent to the management entity for such preservation, conservation, or promotion. (b)

Landowner Withdraw

Any owner of private property included within the boundary of the Heritage Area shall have that private property immediately removed from the boundary by submitting a written request to the management entity.

12.

Sunset

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