[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 359 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                 S. 359

To establish the Hawai'i Capital National Heritage Area, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 30, 2009

  Mr. Inouye introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
To establish the Hawai'i Capital 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.

    This Act may be cited as the ``Hawai'i Capital National Heritage 
Area Establishment Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Heritage area.--The term ``Heritage Area'' means the 
        Hawai'i Capital 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 5.
            (4) Map.--The term ``map'' means the map entitled ``Hawai'i 
        Capital National Heritage Area Proposed Boundary'', numbered 
        T17/90,000B, and dated January 2009.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (6) State.--The term ``State'' means the State of Hawai'i.

SEC. 3. HAWAI'I CAPITAL NATIONAL HERITAGE AREA.

    (a) Establishment.--There is established in the State the Hawai'i 
Capital National Heritage Area.
    (b) Boundaries.--The Heritage Area shall consist of portions of 
Honolulu and the Honolulu Ahupua'a, as depicted on the map.
    (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 Hawai'i Capital Cultural Coalition.
    (d) Local Coordinating Entity.--The Hawai'i Capital Cultural 
Coalition shall be the local coordinating entity for the Heritage Area.

SEC. 4. DUTIES AND AUTHORITIES OF THE LOCAL COORDINATING ENTITY.

    (a) Duties of the Local Coordinating Entity.--To further the 
purposes of the Heritage Area, the local coordinating entity shall--
            (1) prepare and submit a management plan for the Heritage 
        Area to the Secretary in accordance with section 5;
            (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 in 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) for any fiscal year for which the local coordinating 
        entity receives Federal funds under this Act--
                    (A) submit to the Secretary an annual report that 
                describes, for the fiscal year--
                            (i) the accomplishments, expenses, income, 
                        amounts, and sources of matching funds;
                            (ii) the amounts leveraged with Federal 
                        funds and sources of the leveraged funds; and
                            (iii) grants made to any other entities;
                    (B) make available to the Secretary for audit all 
                information relating to the expenditure of Federal 
                funds and any matching funds for the fiscal year; and
                    (C) require, in all agreements authorizing the 
                expenditure of Federal funds by other organizations, 
                that the organizations receiving the Federal funds make 
                available to the Secretary for audit all records and 
                other information relating to the expenditure of the 
                funds; and
            (6) encourage, by appropriate means, economic development 
        that is consistent with the purposes of the Heritage Area.
    (b) Authorities.--The local coordinating entity may, subject to the 
prior approval of the Secretary, for the purposes of preparing and 
implementing the management plan for the Heritage Area, use Federal 
funds made available under this Act to--
            (1) make grants to the State or a political subdivision of 
        the State, nonprofit organizations, and other persons;
            (2) enter into cooperative agreements with, or provide 
        technical assistance to, the State or a political subdivision 
        of the State, nonprofit organizations, Federal agencies, and 
        other interested parties;
            (3) hire and compensate staff;
            (4) obtain money or services from any source, including 
        under any other Federal law or program;
            (5) contract for goods or services; and
            (6) support activities of partners and any other activities 
        that--
                    (A) further the purposes of the Heritage Area; and
                    (B) are consistent with the approved management 
                plan.
    (c) Prohibition on the Acquisition of Real Property.--The local 
coordinating entity shall not use Federal funds made available under 
this Act to acquire real property or 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 carry out this Act, the local coordinating 
entity shall submit to the Secretary for approval a management plan for 
the Heritage Area.
    (b) Requirements.--The management plan shall--
            (1) describe comprehensive policies, goals, strategies, and 
        recommendations for--
                    (A) conveying the heritage of the region; and
                    (B) 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 individuals have agreed 
        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 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 natural, historic, 
        cultural, educational, scenic, and recreational resources of 
        the Heritage Area;
            (7) describe a program of implementation for the management 
        plan, including--
                    (A) performance goals;
                    (B) plans for resource protection, enhancement, and 
                interpretation; and
                    (C) specific commitments for implementation of the 
                management plan 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, tribal, State, and local programs may best be 
        coordinated to carry out the purposes of this Act, including 
        recommendations for the role of the National Park Service and 
        other Federal agencies associated with the Heritage Area;
            (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--
                            (i) the local coordinating entity; and
                            (ii) 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.
    (c) Termination of Funding.--If the management plan is not 
submitted to the Secretary in accordance with this Act, the local 
coordinating entity shall be ineligible to receive additional funding 
under this Act until the date on which the Secretary approves the 
management plan.
    (d) Approval of Management Plan.--
            (1) In general.--Not later than 180 days after the date of 
        receipt of the management plan under subsection (a), the 
        Secretary, in consultation with the Governor of the State and 
        any applicable tribal government, shall approve or disapprove 
        the management plan.
            (2) 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 historical 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, 
                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, the support of which is necessary 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.
            (3) Action following disapproval.--If the Secretary 
        disapproves the management plan under paragraph (1), the 
        Secretary--
                    (A) shall advise the local coordinating entity in 
                writing of the reasons for the disapproval;
                    (B) may make recommendations to the local 
                coordinating entity for revisions to the management 
                plan; and
                    (C) not later than 180 days after the receipt of 
                any proposed revision of the management plan from the 
                local coordinating entity, shall approve or disapprove 
                the proposed revised management plan.
            (4) Amendments.--The Secretary shall approve or disapprove 
        each amendment to the management plan that the Secretary 
        determines would make a substantial change to the management 
        plan in accordance with this subsection.
            (5) Use of funds.--The local coordinating entity shall not 
        use Federal funds authorized by this Act to carry out any 
        amendments to the management plan until the Secretary has 
        approved the amendments.

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 to the local coordinating 
        entity technical and financial assistance on a reimbursable or 
        nonreimbursable basis, as determined by the Secretary, to 
        develop and implement the management plan.
            (2) Priority actions.--In providing assistance under this 
        subsection, 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.
            (3) Cooperative agreements.--The Secretary may enter into 
        cooperative agreements with the local coordinating entity and 
        other public or private entities for the purposes of carrying 
        out this subsection.
    (b) Evaluation.--
            (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.
            (2) Evaluation components.--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 with 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 subparagraph (A) 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 the 
                report, 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. PRIVATE 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 permit public access 
        (including access by any Federal, tribal, State, or local 
        agency) to the property;
            (3) modifies any provisions of Federal, tribal, State, or 
        local law with regard to public access to, or use of, private 
        land;
            (4) alters any land use regulation, approved land use plan, 
        or other regulatory authority of any Federal, tribal, State, or 
        local agency;
            (5) conveys any land use or other regulatory authority to 
        the local coordinating entity;
            (6) authorizes or implies the reservation or appropriation 
        of water or water rights;
            (7) diminishes the authority of the State to manage fish 
        and wildlife, including the regulation of fishing and hunting 
        within the Heritage Area; or
            (8) 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 cost of any 
        activity provided assistance or a grant under this Act shall 
        not exceed 50 percent of the total cost of the activity.
            (2) Form of non-federal share.--The non-Federal share--
                    (A) shall be from non-Federal sources; and
                    (B) may be in the form of in-kind contributions of 
                goods and services fairly valued.

SEC. 10. TERMINATION OF AUTHORITY.

    The authority of the Secretary to provide financial assistance 
under this Act terminates on the date that is 15 years after the date 
of enactment of this Act.
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