[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2604 Introduced in Senate (IS)]







110th CONGRESS
  2d Session
                                S. 2604

   To establish the Baltimore National Heritage Area in the State of 
                   Maryland, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             February 7 (legislative day, February 6), 2008

  Ms. Mikulski (for herself and Mr. Cardin) introduced the following 
bill; which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL


 
   To establish the Baltimore National Heritage Area in the State of 
                   Maryland, 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 ``Baltimore National Heritage Area 
Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The City of Baltimore contains 24 National Historic 
        Landmarks, 53,000 buildings listed in 52 National Register 
        Historic Districts, 8,000 buildings in 30 local historic 
        districts, and 12 Chesapeake Bay Gateways, nestled in an 
        unparalleled system of parks and waterways, and connected by 5 
        Maryland Scenic Byways and an All-American Road.
            (2) The Battle of Baltimore represented the definitive end 
        of the American Revolution, secured United States sovereignty, 
        and gave the country 2 enduring symbols: the United States flag 
        and the poem by Francis Scott Key that became our national 
        anthem, ``The Star-Spangled Banner''.
            (3) The proposed Baltimore National Heritage Area will tell 
        2 of the most significant national heritage stories at the 
        locus of black history and the transformative effects of 
        education, which are the following:
                    (A) Frederick Douglass, who while as a slave 
                learned to read in Baltimore and credited his time in 
                the city as the foundation for his accomplishments; and
                    (B) Thurgood Marshall, whose public school 
                education in Baltimore led directly to his unparalleled 
                contributions to civil rights as an attorney in 
                Baltimore and as a United States Supreme Court Justice.
            (4) Between the early 1800s and the mid 1900s, about 
        2,000,000 immigrants landed in Baltimore, second only to New 
        York, as a major port of entry into the United States.
            (5) In 1811, the Nation's first federally funded interstate 
        transportation route, the National Road, begun its journey from 
        Baltimore to the west.
            (6) Baltimore is the farthest inland east coast port, 
        closest to the Nation's interior. The Chesapeake Bay, the 
        continent's largest estuary, is a magnificent, fertile, natural 
        resource. This special mix gave rise to the largest city in the 
        6 States of the Chesapeake region, with a cultural landscape 
        unique among world port cities.
            (7) Although Baltimore is a largely urban environment, a 
        number of important natural and recreational resources can be 
        found within the proposed National Heritage Area boundaries. 
        Beginning with the first city park in 1827, Patterson Park, the 
        city's natural and recreational resources enjoy a noteworthy 
        history. Most remarkable is the city's acquisition, beginning 
        in 1860, of 7 large estates that created the base for the 
        current park system, including Leakin Park that is one of the 
        largest urban wilderness parks remaining on the East Coast.
            (8) The Baltimore City Heritage Area is a State heritage 
        area designated by the State of Maryland in 2001.
            (9) The ``Feasibility Study for a Baltimore National 
        Heritage Area'', dated December 2006, found that the proposed 
        area met the National Park Service's interim criteria for 
        national heritage area designation.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Heritage area.--The term ``Heritage Area'' means the 
        Baltimore 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 
        6.
            (4) Map.--The term ``map'' means the map titled ``Baltimore 
        National Heritage Area'', numbered T10/80,000, and dated 
        October 2007.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (6) State.--The term ``State'' means the State of Maryland.

SEC. 4. BALTIMORE NATIONAL HERITAGE AREA.

    (a) Establishment.--There is established the Baltimore National 
Heritage Area in the State.
    (b) Boundaries.--The Heritage Area shall be comprised of the 
following, as depicted on the map:
            (1) The area encompassing the Baltimore City Heritage Area 
        certified by the Maryland Heritage Areas Authority in October 
        2001 as part of the Baltimore City Heritage Area Management 
        Action Plan.
            (2) The Mount Auburn Cemetery.
            (3) The Cylburn Arboretum.
            (4) The Middle Branch of the Patapsco River and surrounding 
        shoreline, including--
                    (A) the Cruise Maryland Terminal;
                    (B) new marina construction;
                    (C) the National Aquarium Aquatic Life Center;
                    (D) the Westport Redevelopment;
                    (E) the Gwynns Falls Trail;
                    (F) the Baltimore Rowing Club; and
                    (G) the Masonville Cove Environmental Center.
    (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, and the Baltimore Heritage Area 
Association.
    (d) Local Coordinating Entity.--The Baltimore Heritage Area 
Association shall be the local coordinating entity for the Heritage 
Area.

SEC. 5. DUTIES AND AUTHORITIES OF THE LOCAL COORDINATING ENTITY.

    (a) Duties of the Local Coordinating Entity.--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 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, setting forth its accomplishments, 
        expenses, and income, amounts and sources of matching funds, 
        amounts leveraged with Federal funds and sources of such 
        leveraging, and 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 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 development 
        that is consistent with the purposes of the Heritage Area.
    (b) Authorities.--The local coordinating entity may, subject to the 
prior approval of the Secretary, 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, its political subdivisions, 
        nonprofit organizations, and other persons;
            (2) enter into cooperative agreements with or provide 
        technical assistance to the State, its subdivisions, nonprofit 
        organizations, Federal agencies, and other interested parties;
            (3) hire and compensate staff;
            (4) obtain money 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 are 
        consistent with the approved management plan.
    (c) Prohibition on the Acquisition of Real Property.--The local 
coordinating entity may not use Federal funds received under this Act 
to acquire real property.

SEC. 6. MANAGEMENT PLAN.

    (a) In General.--The management plan for the Heritage Area shall--
            (1) describe comprehensive policies, goals, strategies, and 
        recommendations for telling the story of the region's heritage 
        and encouraging long-term resource protection, enhancement, 
        interpretation, 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 and commitments that 
        governments, private organizations, and citizens plan to take 
        to protect, enhance, and interpret the natural, historic, 
        scenic, and cultural resources of the Heritage Area;
            (4) specify existing and potential sources of funding or 
        economic development strategies to protect, enhance, interpret, 
        fund, 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 stories and themes of the 
        region that should be protected, enhanced, managed, or 
        developed;
            (6) recommend policies and strategies for resource 
        management including, the development of intergovernmental and 
        interagency 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--
                    (A) performance goals;
                    (B) plans for resource protection, enhancement, 
                interpretation; and
                    (C) specific commitments for implementation that 
                have been made by the local coordinating entity or any 
                government, organization, business, or individual;
            (8) include an analysis and recommendations for ways in 
        which local, State, Tribal, and Federal programs may best be 
        coordinated, including the role of the National Park Service 
        and other Federal agencies associated with the Heritage Area, 
        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 not later 
        than 3 years after the date on which any funds are made 
        available for this purpose after designation as a Heritage 
        Area.
            (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 additional 
        financial assistance under this Act until the management plan 
        is submitted to and approved by the Secretary.

SEC. 7. 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 management plan.
            (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.
            (3) Cooperative agreements.--The Secretary is authorized to 
        enter into cooperative agreements with the local coordinating 
        entity and other public or private entities to carry out this 
        subsection.
    (b) Approval of Management Plan.--
            (1) Review.--The Secretary shall approve or disapprove the 
        management plan not later than 180 days after receiving the 
        management plan.
            (2) Consultation.--The Secretary shall consult with the 
        Governor of any State and Tribal government in which the 
        Heritage Area is located prior to approving any management 
        plan.
            (3) Criteria for approval.--In determining the approval of 
        the management plan, the Secretary shall consider whether--
                    (A) the local coordinating entity will be 
                representative of the diverse interests of the Heritage 
                Area, including governments, natural and historic 
                resource protection organizations, educational 
                institutions, businesses, community residents, and 
                recreational organizations;
                    (B) the local coordinating entity has afforded 
                adequate opportunity for public and governmental 
                involvement, including workshops and public meetings, 
                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 management plan would not adversely affect 
                any activities authorized on Federal or Tribal lands 
                under applicable laws or pursuant to land use plans;
                    (E) the Secretary has received adequate assurances 
                from the appropriate State, Tribal, and local officials 
                whose support is needed to ensure the effective 
                implementation of the State, Tribal, and local aspects 
                of the management plan; and
                    (F) the local coordinating entity has demonstrated 
                the financial capability, in partnership with others, 
                to carry out the plan.
            (4) Action following disapproval.--If the Secretary 
        disapproves the management plan, the Secretary shall advise the 
        local coordinating entity in writing of the reasons and may 
        make recommendations for revisions to the management plan. The 
        Secretary shall approve or disapprove a proposed revision not 
        later than 180 days after it is resubmitted.
            (5) 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 may not use Federal funds 
        authorized by this Act to implement any amendments until the 
        Secretary has approved the amendments.
    (c) Evaluation.--
            (1) In general.--Not later than 3 years before the date on 
        which authority for Federal funding terminates for the Heritage 
        Area, the Secretary shall conduct an evaluation of the 
        accomplishments of the Heritage Area and prepare a report with 
        recommendations for the National Park Service's future role, if 
        any, with respect to the Heritage Area.
            (2) Evaluation components.--An evaluation prepared under 
        paragraph (1) shall--
                    (A) assess the progress of the local coordinating 
                entity with respect to--
                            (i) accomplishing the purposes of the 
                        authorizing legislation for the Heritage Area; 
                        and
                            (ii) achieving the goals and objectives of 
                        the approved management plan for the Heritage 
                        Area;
                    (B) analyze the Federal, State, local, and private 
                investments in the Heritage Area to determine the 
                leverage and impact of the investments; and
                    (C) review the management structure, partnership 
                relationships, and funding of the Heritage Area for 
                purposes of identifying the critical components for 
                sustainability of the Heritage Area.
            (3) Recommendations.--Based upon the evaluation under 
        paragraph (1), the Secretary shall prepare a report with 
        recommendations for the National Park Service's future role, if 
        any, with respect to the Heritage Area. If the report 
        recommends that Federal funding for the Heritage Area be 
        reauthorized, the report shall include an analysis of--
                    (A) ways in which Federal funding for the Heritage 
                Area may be reduced or eliminated; and
                    (B) the appropriate time period necessary to 
                achieve the recommended reduction or elimination.
            (4) Submission to congress.--On completion of a report 
        under paragraph (3), the Secretary shall submit the report to--
                    (A) the Committee on Energy and Natural Resources 
                of the Senate; and
                    (B) the Committee on Natural Resources of the House 
                of Representatives.

SEC. 8. 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.

SEC. 9. PROPERTY OWNERS AND REGULATORY PROTECTIONS.

    Nothing in this Act shall be construed to--
            (1) abridge the rights of any property owner, 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 any provisions of Federal, 
        Tribal, State, or local law with regard to public access or use 
        of private lands;
            (3) alter 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) authorize 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) create any liability, or affect any liability under any 
        other law, of any private property owner with respect to any 
        persons injured on such private property.

SEC. 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. Recipient matching funds--
            (1) must be from non-Federal sources; and
            (2) may be made in the form of in-kind contributions of 
        goods and services fairly valued.

SEC. 11. SUNSET.

    The authority of the Secretary to provide financial assistance 
under this Act shall terminate 15 years after the date of enactment of 
the Act.
                                 <all>