1.This Act may be cited as the
Baltimore National Heritage Area
Act
.
2.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.
3.In this Act:
(1)The term Heritage Area means the Baltimore
National Heritage Area, established in section 4.
(2)Local
coordinating entityThe term local coordinating
entity means the local coordinating entity for the Heritage Area
designated by section 4(d).
(3)The term management plan means the management
plan for the Heritage Area specified in section 6.
(4)The
term map means the map titled Baltimore National Heritage
Area
, numbered T10/80,000, and dated October 2007.
(5)The
term Secretary means the Secretary of the Interior.
(6)The
term State means the State of Maryland.
4.Baltimore
national heritage area
(a)There
is established the Baltimore National Heritage Area in the State.
(b)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)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 entityThe Baltimore Heritage Area Association shall
be the local coordinating entity for the Heritage Area.
5.Duties and
authorities of the local coordinating entity
(a)Duties of the
local coordinating entityTo 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)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 propertyThe local coordinating entity
may not use Federal funds received under this Act to acquire real
property.
6.
(a)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)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)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.
7.Duties and
authorities of the secretary
(a)Technical and
financial assistance
(1)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)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)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)The
Secretary shall approve or disapprove the management plan not later than 180
days after receiving the management plan.
(2)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)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
disapprovalIf 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)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)
(1)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)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)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)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.
8.Relationship to
other federal agencies
(a)This Act shall not affect the authority of any Federal
official to provide technical or financial assistance under any other
law.
(b)Consultation and
coordinationThe 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)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.
9.Property owners
and regulatory protectionsNothing 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.
10.Authorization of
appropriations
(a)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)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.
11.The authority of the Secretary to provide
financial assistance under this Act shall terminate 15 years after the date of
enactment of the Act.
1.This Act may be cited as the
Baltimore National Heritage Area
Act
.
2.In this Act:
(1)The term Heritage Area means the Baltimore
National Heritage Area, established by section 3(a).
(2)Local coordinating
entityThe term local coordinating entity means the
local coordinating entity for the Heritage Area designated by section
3(d).
(3)The term management plan means the management
plan for the Heritage Area required under section 4(a)(1).
(4)The
term map means the map entitled Baltimore National Heritage
Area
, numbered T10/80,000, and dated October 2007.
(5)The
term Secretary means the Secretary of the Interior.
(6)The
term State means the State of Maryland.
3.Baltimore national
heritage area
(a)There
is established the Baltimore National Heritage Area in the State.
(b)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)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
entityThe Baltimore Heritage Area Association shall be the local
coordinating entity for the Heritage Area.
4.Duties and authorities
of local coordinating entity
(a)Duties of the local
coordinating entityTo 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)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 propertyThe local coordinating entity may
not use Federal funds received under this Act to acquire any interest in real
property.
5.
(a)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)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)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)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)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)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)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)Not
later than 180 days after receiving a revised management plan, the Secretary
shall approve or disapprove the revised management plan.
(5)
(A)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)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.
6.Duties and authorities
of the secretary
(a)Technical and financial
assistance
(1)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)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)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)
(1)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)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)
(A)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)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)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.
7.Relationship to other
federal agencies
(a)Nothing in this Act affects the authority of a Federal
agency to provide technical or financial assistance under any other law.
(b)Consultation and
coordinationTo 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)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.
8.Property owners and
regulatory protectionsNothing
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.
9.Authorization of
appropriations
(a)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)
(1)The Federal share of the total cost of any activity under
this Act shall be not more than 50 percent.
(2)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.
10.Termination of
financial assistanceThe
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.
June 16, 2008
Reported with an amendment