[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 2892 Reported in Senate (RS)]

                                                       Calendar No. 535
111th CONGRESS
  2d Session
                                S. 2892

                          [Report No. 111-265]

  To establish the Alabama Black Belt National Heritage Area, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 16, 2009

  Mr. Shelby (for himself and Mr. Sessions) introduced the following 
bill; which was read twice and referred to the Committee on Energy and 
                           Natural Resources

                             August 5, 2010

               Reported by Mr. Bingaman, with amendments
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 A BILL


 
  To establish the Alabama Black Belt National Heritage Area, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Alabama Black Belt 
National Heritage Area Act''.
<DELETED>    (b) Table of Contents.--The table of contents for this Act 
is as follows:</DELETED>

<DELETED>Sec. 1. Short title; table of contents.
<DELETED>Sec. 2. Findings.
<DELETED>Sec. 3. Purposes.
<DELETED>Sec. 4. Definitions.
<DELETED>Sec. 5. Designation of Alabama Black Belt National Heritage 
                            Area.
<DELETED>Sec. 6. Local coordinating entity.
<DELETED>Sec. 7. Management plan.
<DELETED>Sec. 8. Evaluation; report.
<DELETED>Sec. 9. Relationship to other Federal agencies.
<DELETED>Sec. 10. Private property and regulatory protections.
<DELETED>Sec. 11. Authorization of appropriations.
<DELETED>Sec. 12. Use of Federal funds from other sources.
<DELETED>Sec. 13. Termination of financial assistance.
</DELETED>    (b) Table of Contents.--The table of contents for this 
Act is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Designation of Alabama Black Belt National Heritage Area.
Sec. 4. Local coordinating entity.
Sec. 5. Management plan.
Sec. 6. Evaluation; report.
Sec. 7. Relationship to other Federal agencies.
Sec. 8. Private property and regulatory protections.
Sec. 9. Authorization of appropriations.
Sec. 10. Use of Federal funds from other sources.
Sec.11. Termination of financial assistance.

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

<DELETED>    Congress finds the following:</DELETED>
        <DELETED>    (1) The Black Belt area in the lower-central 
        portion of Alabama is a region that sustains an abundance of 
        natural resources, historical sites, cultural diversity, and 
        recreational activities shaped by its fertile black 
        soil.</DELETED>
        <DELETED>    (2) The Alabama Black Belt National Heritage Area 
        feasibility study includes the 19 counties of Bibb, Bullock, 
        Butler, Choctaw, Clarke, Conecuh, Dallas, Greene, Hale, 
        Lowndes, Macon, Marengo, Monroe, Montgomery, Perry, Pickens, 
        Sumter, Washington, and Wilcox in the State of 
        Alabama.</DELETED>
        <DELETED>    (3) The geography of the Black Belt is comprised 
        of threatened prairies, forests, and rivers that contain 
        incredibly diverse species of flora and fauna.</DELETED>
        <DELETED>    (4) The Black Belt region struggles with a 
        declining population, a high unemployment rate, insufficient 
        schools and health care, and 8 of the 100 poorest counties in 
        the United States.</DELETED>
        <DELETED>    (5) The Black Belt region includes Moundville, the 
        second largest Native American ceremonial center of the 
        Mississippian period.</DELETED>
        <DELETED>    (6) The Black Belt region is characterized by its 
        distinctive geography and its exceptionally fertile black soil, 
        which influenced the construction of a large network of cotton 
        plantations and antebellum architecture, which in turn led to 
        the city of Montgomery being established as the first capital 
        of the Confederacy.</DELETED>
        <DELETED>    (7) The Black Belt region was the center of the 
        American civil rights movement, including the historical scenes 
        of the Montgomery Bus Boycott and the Selma to Montgomery 
        March, which led to the Civil Rights Act of 1964 and the Voting 
        Rights Act of 1965.</DELETED>
        <DELETED>    (8) The Black Belt region is home to Harper Lee, 
        who wrote the Pulitzer Prize winning novel ``To Kill a 
        Mockingbird''.</DELETED>
        <DELETED>    (9) The Black Belt region is home to the Gee's 
        Bend Quilters, whose artistic talents have been displayed in 
        the Smithsonian Museum and featured on United States postage 
        stamps.</DELETED>
        <DELETED>    (10) The Black Belt is home to three units of the 
        National Park System: the Selma to Montgomery National Historic 
        Trail, the Tuskegee Airmen National Historic Site, and the 
        Tuskegee Institute National Historic Site.</DELETED>
        <DELETED>    (11) The Black Belt includes two National Forests 
        maintained by the Forest Service: the Talladega National 
        Forest-Oakmulgee District and the Tuskegee National Forest. The 
        Bartram Trail, a National Recreation Trail, runs through the 
        Tuskegee National Forest.</DELETED>
        <DELETED>    (12) The Black Belt includes two National Wildlife 
        Refuges maintained by the U.S. Fish and Wildlife Service: the 
        Cahaba National Wildlife Refuge and the Choctaw National 
        Wildlife Refuge.</DELETED>
        <DELETED>    (13) The Black Belt is home to two Army Corps of 
        Engineers projects: the Alabama River Lakes and the Black 
        Warrior and Tombigbee Lakes. The Corps management offices are 
        located in Lowndes, Marengo, and Wilcox Counties within the 
        Black Belt. Many public recreation and natural resources sites 
        are managed by the Corps in these river basins.</DELETED>

<DELETED>SEC. 3. PURPOSES.</DELETED>

<DELETED>    The purposes of this Act are--</DELETED>
        <DELETED>    (1) to recognize the significant natural and 
        cultural legacies of the area, as described in the study titled 
        ``Alabama Black Belt Heritage Area: Feasibility Study for 
        National Heritage Area Designation'', prepared for the National 
        Park Service in March, 2009;</DELETED>
        <DELETED>    (2) to promote heritage, cultural, and 
        recreational tourism and to develop educational and cultural 
        programs for visitors and the general public;</DELETED>
        <DELETED>    (3) to recognize and interpret important events 
        and geographic locations of Alabama's Black Belt region, 
        including the Montgomery Bus Boycott and the Selma to 
        Montgomery March, and the region's exceptionally fertile soil, 
        prairies, forests and rivers;</DELETED>
        <DELETED>    (4) to recognize and interpret the distinctive 
        role the region played in the history of the United States, 
        including the Civil War, with Montgomery serving as the first 
        capital of the Confederacy and later as the center of the 
        American Civil Rights movement;</DELETED>
        <DELETED>    (5) to provide a cooperative management framework 
        to foster a close working relationship with all levels of 
        government, the private sector, and the local communities in 
        the region in identifying, preserving, interpreting, and 
        developing the natural, historical, cultural, educational, 
        scenic, and recreational resources of the region for the 
        educational and inspirational benefit of current and future 
        generations; and</DELETED>
        <DELETED>    (6) to provide appropriate linkages between units 
        of the National Park System and communities, governments, and 
        organizations within the National Heritage Area.</DELETED>

SEC. <DELETED>4.</DELETED>2. DEFINITIONS.

    In this Act:
            (1) National heritage area.--The term ``National Heritage 
        Area'' means the Alabama Black Belt National Heritage Area 
        established by this Act.
            (2) Local coordinating entity.--The term ``local 
        coordinating entity'' means the Center for the Study of the 
        Black Belt at the University of West Alabama.
            (3) Management plan.--The term ``management plan'' means 
        the plan prepared by the local coordinating entity for the 
        National Heritage Area in accordance with this Act.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. <DELETED>5.</DELETED>3. DESIGNATION OF ALABAMA BLACK BELT NATIONAL 
              HERITAGE AREA.

    (a) Establishment.--There is hereby established the Alabama Black 
Belt National Heritage Area in the State of Alabama.
<DELETED>    (b) Boundaries.--</DELETED>
        <DELETED>    (1) In general.--The National Heritage 
        Area</DELETED>
    (b) Boundaries.--The National Heritage Area shall consist of sites 
as designated by the management plan within a core area located in 
Alabama, consisting of Bibb, Bullock, Butler, Choctaw, Clarke, Conecuh, 
Dallas, Greene, Hale, Lowndes, Macon, Marengo, Monroe, Montgomery, 
Perry, Pickens, Sumter, Washington, and Wilcox counties.
        <DELETED>    (2) Map.--The boundaries of the National Heritage 
        Area shall be as generally depicted on the map titled 
        ``</DELETED>__________<DELETED>'', and numbered 
        </DELETED>_____<DELETED>, and dated </DELETED>_____<DELETED>. 
        The map shall be on file and available to the public in the 
        appropriate offices of the National Park Service and the local 
        coordinating entity.</DELETED>

SEC. <DELETED>6.</DELETED>4. LOCAL COORDINATING ENTITY.

    (a) Designation.--The Center for the Study of the Black Belt at the 
University of West Alabama shall be the local coordinating entity for 
the National Heritage Area.
    (b) Duties.--To further the purposes of the National Heritage Area, 
the local coordinating entity shall--
            (1) submit a management plan to the Secretary in accordance 
        with this Act;
            (2) 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 specific performance goals and 
                accomplishments of the local coordinating entity;
                    (B) the expenses and income of the local 
                coordinating entity;
                    (C) the amounts and sources of matching funds;
                    (D) the amounts of non-Federal funds leveraged with 
                Federal funds and sources of the leveraging; and
                    (E) grants made to any other entities during the 
                fiscal year;
            (3) 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; and
            (4) encourage economic viability and sustainability that is 
        consistent with the purposes of the National Heritage Area.
    (c) Authorities.--For the purposes of preparing and implementing 
the approved management plan, the local coordinating entity may use 
Federal funds received under this Act--
            (1) to make grants to political jurisdictions, nonprofit 
        organizations, and other parties within the National Heritage 
        Area;
            (2) to enter into cooperative agreements with or provide 
        technical assistance to political jurisdictions, nonprofit 
        organizations, Federal agencies, and other interested parties;
            (3) to hire and compensate staff, including individuals 
        with expertise in--
                    (A) natural, historical, cultural, educational, 
                scenic, and recreational resource conservation;
                    (B) economic and community development; and
                    (C) heritage planning;
            (4) to obtain funds or services from any source, including 
        other Federal programs;
            (5) to contract for goods or services; and
            (6) to support activities of partners and any other 
        activities that further the purposes of the National Heritage 
        Area and are consistent with the approved management plan.
    (d) 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. <DELETED>7.</DELETED>5. MANAGEMENT PLAN.

    (a) Requirements.--The management plan shall--
            (1) describe comprehensive policies, goals, strategies, and 
        recommendations for telling the story of the heritage of the 
        area covered by the National Heritage Area and encouraging 
        long-term resource protection, enhancement, interpretation, 
        funding, management, and development of the National Heritage 
        Area;
            (2) include a description of actions and commitments that 
        Federal, State, and local governments, private organizations, 
        and citizens plan to take to protect, enhance, interpret, fund, 
        manage, and develop the natural, historical, cultural, 
        educational, scenic, and recreational resources of the National 
        Heritage Area;
            (3) specify existing and potential sources of funding or 
        economic development strategies to protect, enhance, interpret, 
        fund, manage, and develop the National Heritage Area;
            (4) include an inventory of the natural, historical, 
        cultural, educational, scenic, and recreational resources of 
        the National Heritage Area related to the national importance 
        and themes of the National Heritage Area that should be 
        protected, enhanced, interpreted, funded, managed, and 
        developed;
            (5) include recommendations for resource management 
        policies and strategies, including the development of 
        intergovernmental and interagency agreements to protect, 
        enhance, interpret, fund, manage, and develop the natural, 
        historical, cultural, educational, scenic, and recreational 
        resources of the National Heritage Area;
            (6) describe a program for implementation of the management 
        plan, including--
                    (A) performance goals;
                    (B) plans for resource protection, enhancement, 
                interpretation, funding, management, and development; 
                and
                    (C) specific commitments for implementation that 
                have been made by the local coordinating entity or any 
                Federal, State, or local government agency, 
                organization, business, or individual;
            (7) include an analysis of, and recommendations for, means 
        by which Federal, State, and local programs may best be 
        coordinated (including the role of the National Park Service 
        and other Federal agencies associated with the National 
        Heritage Area) to further the purposes of this Act; and
            (8) 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.
    (b) Deadline.--
            (1) In general.--Not later than 3 years after the date on 
        which funds are made available pursuant to this Act to develop 
        the management plan, the local coordinating entity shall submit 
        the management plan to the Secretary for approval.
            (2) Termination of funding.--If the management plan is not 
        submitted to the Secretary in accordance with paragraph (1), 
        the local coordinating entity may not receive any additional 
        financial assistance under this Act until such time as the 
        management plan is submitted to and approved by the Secretary.
    (c) Approval of Management Plan.--
            (1) Review.--Not later than 180 days after receiving the 
        management plan, the Secretary shall review and approve or 
        disapprove the management plan on the basis of the criteria 
        listed in paragraph (3).
            (2) Consultation.--The Secretary shall consult with the 
        Governor of Alabama before approving a management plan.
            (3) Criteria for approval.--In determining whether to 
        approve a management plan, the Secretary shall consider 
        whether--
                    (A) the local coordinating entity--
                            (i) represents the diverse interests of the 
                        National Heritage Area, including Federal, 
                        State, and local governments, natural, and 
                        historical resource protection organizations, 
                        educational institutions, businesses, 
                        recreational organizations, community 
                        residents, and private property owners;
                            (ii) has afforded adequate opportunity for 
                        public and Federal, State, and local 
                        governmental involvement (including through 
                        workshops and public meetings) in the 
                        preparation of the management plan;
                            (iii) provides for at least semiannual 
                        public meetings to ensure adequate 
                        implementation of the management plan; and
                            (iv) has demonstrated the financial 
                        capability, in partnership with others, to 
                        carry out the management plan;
                    (B) the management plan--
                            (i) describes resource protection, 
                        enhancement, interpretation, funding, 
                        management, and development strategies which, 
                        if implemented, would adequately protect, 
                        enhance, interpret, fund, manage, and develop 
                        the natural, historical, cultural, educational, 
                        scenic, and recreational resources of the 
                        National Heritage Area;
                            (ii) would not adversely affect any 
                        activities authorized on Federal land under 
                        public applicable laws or land use plans;
                            (iii) demonstrates partnerships among the 
                        local coordinating entity, Federal, State, and 
                        local governments, regional planning 
                        organizations, nonprofit organizations, and 
                        private sector parties for implementation of 
                        the management plan; and
                            (iv) complies with the requirements of this 
                        section; and
                    (C) the Secretary has received adequate assurances 
                from the appropriate State and local officials whose 
                support is needed that the State and local aspects of 
                the management plan will be effectively implemented.
            (4) 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 approved 
                management plan that substantially alters such plan 
                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 received under this Act to 
                implement a substantial amendment to the management 
                plan until the Secretary approves the amendment.
            (6) Authorities.--The Secretary may--
                    (A) provide technical assistance under the 
                authority of this Act for the development and 
                implementation of the management plan; and
                    (B) enter into cooperative agreements with 
                interested parties to carry out this Act.

SEC. <DELETED>8.</DELETED>6. EVALUATION; REPORT.

    (a) Evaluation.--The Secretary shall conduct an evaluation of the 
accomplishments of the National Heritage Area. An evaluation conducted 
under this subsection shall--
            (1) assess the progress of the local coordinating entity 
        with respect to--
                    (A) accomplishing the purposes of this Act for the 
                National Heritage Area; and
                    (B) achieving the goals and objectives of the 
                approved management plan;
            (2) analyze the Federal, State, and local government, and 
        private investments in the National Heritage Area to determine 
        the impact of the investments; and
            (3) review the management structure, partnership 
        relationships, and funding of the National Heritage Area for 
        purposes of identifying the critical components for 
        sustainability of the National Heritage Area.
    (b) Report.--Not later than 3 years before the date on which 
authority for Federal funding terminates for the National Heritage Area 
under this Act, based on the evaluation conducted under subsection (a), 
the Secretary shall submit a report to the Committee on Natural 
Resources of the House of Representatives and the Committee on Energy 
and Natural Resources of the Senate. The report shall include 
recommendations for the future role of the National Park Service, if 
any, with respect to the National Heritage Area.

SEC. <DELETED>9.</DELETED>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.--The head of any Federal agency 
planning to conduct activities that may have an impact on the National 
Heritage Area is encouraged to consult and coordinate the activities 
with the Secretary and the local coordinating entity to the maximum 
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 National Heritage Area; or
            (3) modifies, alters, or amends any authorized use of 
        Federal land under the jurisdiction of a Federal agency.

SEC. <DELETED>10.</DELETED>8. PRIVATE PROPERTY 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 
        National Heritage Area;
            (2) requires any property owner to permit public access 
        (including access by Federal, State, tribal, or local agencies) 
        to the property of the property owner, or to modify public 
        access or use of property of the property owner under any other 
        Federal, State, tribal, or local law;
            (3) alters any duly adopted land use regulation, approved 
        land use plan, or other regulatory authority of any Federal, 
        State, tribal, or local agency, or conveys any land use or 
        other regulatory authority to any local coordinating entity, 
        including development and management of energy, water, or 
        water-related infrastructure;
            (4) authorizes or implies the reservation or appropriation 
        of water or water rights;
            (5) diminishes the authority of the State to manage fish 
        and wildlife, including the regulation of fishing and hunting 
        within the National Heritage Area; or
            (6) 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. <DELETED>11.</DELETED>9. AUTHORIZATION OF APPROPRIATIONS.

    (a) Authorization of Appropriations.--Subject to subsection (b), 
there are authorized to be appropriated to carry out this Act not more 
than $1,000,000 for any fiscal year. Funds so appropriated shall remain 
available until expended.
    (b) Limitation on Total Amounts Appropriated.--Not more than 
<DELETED>$15,000,000</DELETED>$10,000,000 may be appropriated to carry 
out this Act.
    (c) Cost-Sharing Requirement.--The Federal share of the total cost 
of any activity under this Act shall be not more than 50 percent. The 
non-Federal contribution may be in the form of in-kind contributions of 
goods or services fairly valued.

SEC. <DELETED>12.</DELETED>10. USE OF FEDERAL FUNDS FROM OTHER SOURCES.

    Nothing in this Act shall preclude the local coordinating entity 
from using Federal funds available under other laws for the purposes 
for which those funds were authorized.

SEC. <DELETED>13.</DELETED>11. TERMINATION OF FINANCIAL ASSISTANCE.

    The authority of the Secretary to provide financial assistance 
under this Act terminates on the date that is 15 years after the date 
of the enactment of this Act.
                                                       Calendar No. 535

111th CONGRESS

  2d Session

                                S. 2892

                          [Report No. 111-265]

_______________________________________________________________________

                                 A BILL

  To establish the Alabama Black Belt National Heritage Area, and for 
                            other purposes.

_______________________________________________________________________

                             August 5, 2010

                        Reported with amendments