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






                                                       Calendar No. 803
110th CONGRESS
  2d Session
                                S. 2604

                          [Report No. 110-371]

   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

                             June 16, 2008

              Reported by Mr. Bingaman, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Baltimore National Heritage 
Area Act''.</DELETED>

<DELETED>SEC. 2. FINDINGS.</DELETED>

<DELETED>    Congress finds the following:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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''.</DELETED>
        <DELETED>    (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:</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (5) In 1811, the Nation's first federally funded 
        interstate transportation route, the National Road, begun its 
        journey from Baltimore to the west.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (8) The Baltimore City Heritage Area is a State 
        heritage area designated by the State of Maryland in 
        2001.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 3. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Heritage area.--The term ``Heritage Area'' 
        means the Baltimore National Heritage Area, established in 
        section 4.</DELETED>
        <DELETED>    (2) Local coordinating entity.--The term ``local 
        coordinating entity'' means the local coordinating entity for 
        the Heritage Area designated by section 4(d).</DELETED>
        <DELETED>    (3) Management plan.--The term ``management plan'' 
        means the management plan for the Heritage Area specified in 
        section 6.</DELETED>
        <DELETED>    (4) Map.--The term ``map'' means the map titled 
        ``Baltimore National Heritage Area'', numbered T10/80,000, and 
        dated October 2007.</DELETED>
        <DELETED>    (5) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior.</DELETED>
        <DELETED>    (6) State.--The term ``State'' means the State of 
        Maryland.</DELETED>

<DELETED>SEC. 4. BALTIMORE NATIONAL HERITAGE AREA.</DELETED>

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

<DELETED>SEC. 5. DUTIES AND AUTHORITIES OF THE LOCAL COORDINATING 
              ENTITY.</DELETED>

<DELETED>    (a) Duties of the Local Coordinating Entity.--To further 
the purposes of the Heritage Area, the local coordinating entity 
shall--</DELETED>
        <DELETED>    (1) prepare and submit a management plan for the 
        Heritage Area to the Secretary in accordance with section 
        6;</DELETED>
        <DELETED>    (2) assist units of local government, regional 
        planning organizations, and nonprofit organizations in 
        implementing the approved management plan by--</DELETED>
                <DELETED>    (A) carrying out programs and projects 
                that recognize, protect, and enhance important resource 
                values within the Heritage Area;</DELETED>
                <DELETED>    (B) establishing and maintaining 
                interpretive exhibits and programs within the Heritage 
                Area;</DELETED>
                <DELETED>    (C) developing recreational and 
                educational opportunities in the Heritage 
                Area;</DELETED>
                <DELETED>    (D) increasing public awareness of and 
                appreciation for natural, historical, scenic, and 
                cultural resources of the Heritage Area;</DELETED>
                <DELETED>    (E) protecting and restoring historic 
                sites and buildings in the Heritage Area that are 
                consistent with heritage area themes;</DELETED>
                <DELETED>    (F) ensuring that signs identifying points 
                of public access and sites of interest are posted 
                throughout the Heritage Area; and</DELETED>
                <DELETED>    (G) promoting a wide range of partnerships 
                among governments, organizations, and individuals to 
                further the purposes of the Heritage Area;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (4) conduct meetings open to the public at least 
        semi-annually regarding the development and implementation of 
        the management plan;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (7) encourage, by appropriate means, economic 
        development that is consistent with the purposes of the 
        Heritage Area.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) make grants to the State, its political 
        subdivisions, nonprofit organizations, and other 
        persons;</DELETED>
        <DELETED>    (2) enter into cooperative agreements with or 
        provide technical assistance to the State, its subdivisions, 
        nonprofit organizations, Federal agencies, and other interested 
        parties;</DELETED>
        <DELETED>    (3) hire and compensate staff;</DELETED>
        <DELETED>    (4) obtain money or services from any source 
        including any that are provided under any other Federal law or 
        program;</DELETED>
        <DELETED>    (5) contract for goods or services; and</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 6. MANAGEMENT PLAN.</DELETED>

<DELETED>    (a) In General.--The management plan for the Heritage Area 
shall--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (2) take into consideration existing State, 
        county, and local plans in the development of the management 
        plan and its implementation;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (4) specify existing and potential sources of 
        funding or economic development strategies to protect, enhance, 
        interpret, fund, manage, and develop the Heritage 
        Area;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (7) describe a program of implementation for the 
        management plan, including--</DELETED>
                <DELETED>    (A) performance goals;</DELETED>
                <DELETED>    (B) plans for resource protection, 
                enhancement, interpretation; and</DELETED>
                <DELETED>    (C) specific commitments for 
                implementation that have been made by the local 
                coordinating entity or any government, organization, 
                business, or individual;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (9) include an interpretive plan for the Heritage 
        Area; and</DELETED>
        <DELETED>    (10) include a business plan that--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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.</DELETED>
<DELETED>    (b) Deadline and Termination of Funding.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 7. DUTIES AND AUTHORITIES OF THE SECRETARY.</DELETED>

<DELETED>    (a) Technical and Financial Assistance.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Priority actions.--In assisting the Heritage 
        Area, the Secretary shall give priority to actions that in 
        general assist in--</DELETED>
                <DELETED>    (A) conserving the significant natural, 
                historical, cultural, and scenic resources of the 
                Heritage Area; and</DELETED>
                <DELETED>    (B) providing educational, interpretive, 
                and recreational opportunities consistent with the 
                purposes of the Heritage Area.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (b) Approval of Management Plan.--</DELETED>
        <DELETED>    (1) Review.--The Secretary shall approve or 
        disapprove the management plan not later than 180 days after 
        receiving the management plan.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (3) Criteria for approval.--In determining the 
        approval of the management plan, the Secretary shall consider 
        whether--</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (F) the local coordinating entity has 
                demonstrated the financial capability, in partnership 
                with others, to carry out the plan.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (c) Evaluation.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Evaluation components.--An evaluation prepared 
        under paragraph (1) shall--</DELETED>
                <DELETED>    (A) assess the progress of the local 
                coordinating entity with respect to--</DELETED>
                        <DELETED>    (i) accomplishing the purposes of 
                        the authorizing legislation for the Heritage 
                        Area; and</DELETED>
                        <DELETED>    (ii) achieving the goals and 
                        objectives of the approved management plan for 
                        the Heritage Area;</DELETED>
                <DELETED>    (B) analyze the Federal, State, local, and 
                private investments in the Heritage Area to determine 
                the leverage and impact of the investments; 
                and</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (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--
        </DELETED>
                <DELETED>    (A) ways in which Federal funding for the 
                Heritage Area may be reduced or eliminated; 
                and</DELETED>
                <DELETED>    (B) the appropriate time period necessary 
                to achieve the recommended reduction or 
                elimination.</DELETED>
        <DELETED>    (4) Submission to congress.--On completion of a 
        report under paragraph (3), the Secretary shall submit the 
        report to--</DELETED>
                <DELETED>    (A) the Committee on Energy and Natural 
                Resources of the Senate; and</DELETED>
                <DELETED>    (B) the Committee on Natural Resources of 
                the House of Representatives.</DELETED>

<DELETED>SEC. 8. RELATIONSHIP TO OTHER FEDERAL AGENCIES.</DELETED>

<DELETED>    (a) In General.--This Act shall not affect the authority 
of any Federal official to provide technical or financial assistance 
under any other law.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (c) Other Federal Agencies.--Nothing in this Act--
</DELETED>
        <DELETED>    (1) modifies, alters, or amends any law or 
        regulation authorizing a Federal agency to manage Federal land 
        under the jurisdiction of the Federal agency;</DELETED>
        <DELETED>    (2) limits the discretion of a Federal land 
        manager to implement an approved land use plan within the 
        boundaries of the Heritage Area; or</DELETED>
        <DELETED>    (3) modifies, alters, or amends any authorized use 
        of Federal land under the jurisdiction of a Federal 
        agency.</DELETED>

<DELETED>SEC. 9. PROPERTY OWNERS AND REGULATORY PROTECTIONS.</DELETED>

<DELETED>    Nothing in this Act shall be construed to--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (4) authorize or imply the reservation or 
        appropriation of water or water rights;</DELETED>
        <DELETED>    (5) diminish the authority of the State to manage 
        fish and wildlife, including the regulation of fishing and 
        hunting within the Heritage Area; or</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 10. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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--
</DELETED>
        <DELETED>    (1) must be from non-Federal sources; 
        and</DELETED>
        <DELETED>    (2) may be made in the form of in-kind 
        contributions of goods and services fairly valued.</DELETED>

<DELETED>SEC. 11. SUNSET.</DELETED>

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Baltimore National Heritage Area 
Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Heritage area.--The term ``Heritage Area'' means the 
        Baltimore National Heritage Area, established by section 3(a).
            (2) Local coordinating entity.--The term ``local 
        coordinating entity'' means the local coordinating entity for 
        the Heritage Area designated by section 3(d).
            (3) Management plan.--The term ``management plan'' means 
        the management plan for the Heritage Area required under 
        section 4(a)(1).
            (4) Map.--The term ``map'' means the map entitled 
        ``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. 3. 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 areas, as described 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 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. 4. DUTIES AND AUTHORITIES OF 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 to the Secretary, in accordance 
        with section 5, a management plan for the Heritage Area;
            (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, historic, scenic, and 
                cultural resources of the Heritage Area;
                    (E) protecting and restoring historic sites and 
                buildings in the Heritage Area that are consistent with 
                the themes of the Heritage Area;
                    (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 
        semiannually regarding the development and implementation of 
        the management plan;
            (5) submit an annual report to the Secretary for each 
        fiscal year for which the local coordinating entity receives 
        Federal funds under this Act specifying--
                    (A) the 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 leveraged funds; and
                    (E) grants made to any other entities during the 
                fiscal year;
            (6) make available for audit for each fiscal year for which 
        the local coordinating entity receives Federal funds under this 
        Act, all information pertaining to the expenditure of the funds 
        and any matching funds;
            (7) require in all agreements authorizing expenditures of 
        Federal funds by other organizations, that the receiving 
        organizations make available for audit all records and other 
        information pertaining to the expenditure of the funds; and
            (8) 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, use Federal funds made available 
under this Act to--
            (1) make grants to the State, political subdivisions of the 
        State, nonprofit organizations, and other persons;
            (2) enter into cooperative agreements with, or provide 
        technical assistance to, the State, political subdivisions of 
        the State, nonprofit organizations, Federal agencies, and other 
        interested parties;
            (3) hire and compensate staff;
            (4) obtain funds or services from any source, including 
        funds and services 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 Acquisition of Real Property.--The local 
coordinating entity may not use Federal funds received under this Act 
to acquire any interest in real property.

SEC. 5. MANAGEMENT PLAN.

    (a) In General.--Not later than 3 years after the date on which 
funds are made available to develop the management plan, the local 
coordinating entity shall submit to the Secretary for approval a 
proposed management plan for the Heritage Area.
    (b) Requirements.--The management plan for the Heritage Area 
shall--
            (1) describe comprehensive policies, goals, strategies, and 
        recommendations for telling the story of the heritage of the 
        region 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 and implementation of the 
        management plan;
            (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, historic, 
        cultural, educational, scenic, and recreational resources of 
        the Heritage Area relating 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 natural, historic, 
        cultural, educational, scenic, and recreational resources of 
        the Heritage Area;
            (7) describe a program for implementation of the management 
        plan, including--
                    (A) performance goals;
                    (B) plans for resource protection, enhancement, and 
                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 of, and recommendations for, ways 
        in which Federal, State, tribal, and local 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 described 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.
    (c) Termination of Funding.--If the management plan is not 
submitted to the Secretary in accordance with this section, 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.
    (d) Approval of Management Plan.--
            (1) Review.--Not later than 180 days after the date on 
        which the Secretary receives the management plan, the Secretary 
        shall approve or disapprove the management plan.
            (2) Consultation required.--The Secretary shall consult 
        with the Governor of the State and any tribal government in 
        which the Heritage Area is located before approving the 
        management plan.
            (3) Criteria for approval.--In determining whether to 
        approve the management plan, the Secretary shall consider 
        whether--
                    (A) the local coordinating entity represents 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 through workshops and public 
                meetings) in the preparation of the management plan;
                    (C) the resource protection and interpretation 
                strategies described in the management plan, if 
                implemented, would adequately protect the natural, 
                historic, and cultural resources of the Heritage Area;
                    (D) the management plan would not adversely affect 
                any activities authorized on Federal or tribal land 
                under applicable laws or 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 management plan.
            (4) Action following disapproval.--
                    (A) In general.--If the Secretary disapproves the 
                management plan, the Secretary--
                            (i) shall advise the local coordinating 
                        entity in writing of the reasons for the 
                        disapproval; and
                            (ii) may make recommendations to the local 
                        coordinating entity for revisions to the 
                        management plan.
                    (B) Deadline.--Not later than 180 days after 
                receiving a revised management plan, the Secretary 
                shall approve or disapprove the revised management 
                plan.
            (5) Amendments.--
                    (A) In general.--An amendment to the management 
                plan that substantially alters the purposes of the 
                Heritage Area shall be reviewed by the Secretary and 
                approved or disapproved in the same manner as the 
                original management plan.
                    (B) Implementation.--The local coordinating entity 
                shall not use Federal funds authorized to be 
                appropriated by this Act to implement an amendment to 
                the management plan until the Secretary approves the 
                amendment.

SEC. 6. DUTIES AND AUTHORITIES OF THE SECRETARY.

    (a) Technical and Financial Assistance.--
            (1) In general.--On the request of the local coordinating 
        entity, the Secretary may provide technical and financial 
        assistance, on a reimbursable or nonreimbursable basis (as 
        determined by the Secretary), to the local coordinating entity 
        to develop and implement the management plan.
            (2) Cooperative agreements.--The Secretary may enter into 
        cooperative agreements with the local coordinating entity and 
        other public or private entities to provide technical or 
        financial assistance under paragraph (1).
            (3) Priority.--In assisting the Heritage Area, the 
        Secretary shall give priority to actions that assist in--
                    (A) conserving the significant natural, historic, 
                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) Evaluation; Report.--
            (1) In general.--Not later than 3 years before the date on 
        which authority for Federal funding terminates for the Heritage 
        Area under section 10, the Secretary shall--
                    (A) conduct an evaluation of the accomplishments of 
                the Heritage Area; and
                    (B) prepare a report with recommendations for the 
                future role of the National Park Service, if any, with 
                respect to the Heritage Area, in accordance with 
                paragraph (3).
            (2) Evaluation.--An evaluation conducted under paragraph 
        (1)(A) shall--
                    (A) assess the progress of the local coordinating 
                entity with respect to--
                            (i) accomplishing the purposes of this Act 
                        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) Report.--
                    (A) In general.--Based on the evaluation conducted 
                under paragraph (1)(A), the Secretary shall prepare a 
                report that includes recommendations for the future 
                role of the National Park Service, if any, with respect 
                to the Heritage Area.
                    (B) Required analysis.--If the report prepared 
                under this paragraph recommends that Federal funding 
                for the Heritage Area be reauthorized, the report shall 
                include an analysis of--
                            (i) ways in which Federal funding for the 
                        Heritage Area may be reduced or eliminated; and
                            (ii) the appropriate time period necessary 
                        to achieve the recommended reduction or 
                        elimination.
                    (C) Submission to congress.--On completion of a 
                report under this paragraph, the Secretary shall submit 
                the report to--
                            (i) the Committee on Energy and Natural 
                        Resources of the Senate; and
                            (ii) the Committee on Natural Resources of 
                        the House of Representatives.

SEC. 7. RELATIONSHIP TO OTHER FEDERAL AGENCIES.

    (a) In General.--Nothing in this Act affects the authority of a 
Federal agency to provide technical or financial assistance under any 
other law.
    (b) Consultation and Coordination.--To the maximum extent 
practicable, 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.
    (c) Other Federal Agencies.--Nothing in this Act--
            (1) modifies, alters, or amends any laws (including 
        regulations) 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. 8. PROPERTY OWNERS AND REGULATORY PROTECTIONS.

    Nothing in this Act--
            (1) abridges the rights of any owner of public or private 
        property, including the right to refrain from participating in 
        any plan, project, program, or activity conducted within the 
        Heritage Area;
            (2) requires any property owner to--
                    (A) permit public access (including Federal, 
                tribal, State, or local government access) to the 
                property; or
                    (B) modify any provisions of Federal, tribal, 
                State, or local law with regard to public access or use 
                of private land;
            (3) alters any duly adopted land use regulations, approved 
        land use plan, or any other regulatory authority of any 
        Federal, State, or local agency, or tribal government;
            (4) conveys any land use or other regulatory authority to 
        the local coordinating entity;
            (5) authorizes or implies the reservation or appropriation 
        of water or water rights;
            (6) diminishes the authority of the State to manage fish 
        and wildlife, including the regulation of fishing and hunting 
        within the Heritage Area; or
            (7) creates any liability, or affects any liability under 
        any other law, of any private property owner with respect to 
        any person injured on the private property.

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.--
            (1) In general.--The Federal share of the total cost of any 
        activity under this Act shall be not more than 50 percent.
            (2) Form.--The non-Federal contribution--
                    (A) shall be from non-Federal sources; and
                    (B) may be in the form of in-kind contributions of 
                goods or services fairly valued.

SEC. 10. TERMINATION OF FINANCIAL ASSISTANCE.

    The authority of the Secretary to provide assistance under this Act 
terminates on the date that is 15 years after the date of enactment of 
this Act.
                                                       Calendar No. 803

110th CONGRESS

  2d Session

                                S. 2604

                          [Report No. 110-371]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                             June 16, 2008

                       Reported with an amendment