[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 29 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                 S. 29

 To establish the Sacramento-San Joaquin Delta National Heritage Area.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             January 25 (legislative day, January 5), 2011

Mr. Reid for Mrs. Feinstein (for herself and Mrs. Boxer) introduced the 
 following bill; which was read twice and referred to the Committee on 
                      Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
 To establish the Sacramento-San Joaquin Delta National Heritage Area.

    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 ``Sacramento-San Joaquin Delta 
National Heritage Area Establishment Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Heritage area.--The term ``Heritage Area'' means the 
        Sacramento-San Joaquin Delta Heritage Area established by 
        section 3(a).
            (2) Heritage area management plan.--The term ``Heritage 
        Area management plan'' means the plan developed and adopted by 
        the management entity under this Act.
            (3) Management entity.--The term ``management entity'' 
        means the management entity for the Heritage Area designated by 
        section 3(d).
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (5) State.--The term ``State'' means the State of 
        California.

SEC. 3. SACRAMENTO-SAN JOAQUIN DELTA HERITAGE AREA.

    (a) Establishment.--There is established the ``Sacramento-San 
Joaquin Delta Heritage Area'' in the State.
    (b) Boundaries.--The boundaries of the Heritage Area shall be in 
the counties of Contra Costa, Sacramento, San Joaquin, Solano, and Yolo 
in the State of California, as generally depicted on the map entitled 
``Sacramento-San Joaquin Delta National Heritage Area Proposed 
Boundary'', numbered T27/105,030, and dated September 2010.
    (c) Availability of Map.--The map described in subsection (b) shall 
be on file and available for public inspection in the appropriate 
offices of the National Park Service and the Delta Protection 
Commission.
    (d) Management Entity.--The management entity for the Heritage Area 
shall be the Delta Protection Commission established by section 29735 
of the California Public Resources Code.
    (e) Administration.--
            (1) Authorities.--For purposes of carrying out the Heritage 
        Area management plan, the Secretary, acting through the 
        management entity, may use amounts made available under this 
        Act to--
                    (A) make grants to the State or a political 
                subdivision of the State, nonprofit organizations, and 
                other persons;
                    (B) enter into cooperative agreements with, or 
                provide technical assistance to, the State or a 
                political subdivision of the State, nonprofit 
                organizations, and other interested parties;
                    (C) hire and compensate staff, which shall include 
                individuals with expertise in natural, cultural, and 
                historical resources protection, and heritage 
                programming;
                    (D) obtain money or services from any source 
                including any that are provided under any other Federal 
                law or program;
                    (E) contract for goods or services; and
                    (F) undertake to be a catalyst for any other 
                activity that furthers the Heritage Area and is 
                consistent with the approved Heritage Area management 
                plan.
            (2) Duties.--The management entity shall--
                    (A) in accordance with subsection (f), prepare and 
                submit a Heritage Area management plan to the 
                Secretary;
                    (B) assist units of local government, regional 
                planning organizations, and nonprofit organizations in 
                carrying out the approved Heritage Area management plan 
                by--
                            (i) carrying out programs and projects that 
                        recognize, protect, and enhance important 
                        resource values in the Heritage Area;
                            (ii) establishing and maintaining 
                        interpretive exhibits and programs in the 
                        Heritage Area;
                            (iii) developing recreational and 
                        educational opportunities in the Heritage Area;
                            (iv) increasing public awareness of, and 
                        appreciation for, natural, historical, scenic, 
                        and cultural resources of the Heritage Area;
                            (v) protecting and restoring historic sites 
                        and buildings in the Heritage Area that are 
                        consistent with Heritage Area themes;
                            (vi) ensuring that clear, consistent, and 
                        appropriate signs identifying points of public 
                        access, and sites of interest are posted 
                        throughout the Heritage Area; and
                            (vii) promoting a wide range of 
                        partnerships among governments, organizations, 
                        and individuals to further the Heritage Area;
                    (C) consider the interests of diverse units of 
                government, businesses, organizations, and individuals 
                in the Heritage Area in the preparation and 
                implementation of the Heritage Area management plan;
                    (D) conduct meetings open to the public at least 
                semiannually regarding the development and 
                implementation of the Heritage Area management plan;
                    (E) for any year that Federal funds have been 
                received under this Act--
                            (i) submit an annual report to the 
                        Secretary that describes the activities, 
                        expenses, and income of the management entity 
                        (including grants to any other entities during 
                        the year that the report is made);
                            (ii) make available to the Secretary for 
                        audit all records relating to the expenditure 
                        of the funds and any matching funds;
                            (iii) require, with respect to all 
                        agreements authorizing expenditure of Federal 
                        funds by other organizations, that the 
                        organizations receiving the funds make 
                        available to the Secretary for audit all 
                        records concerning the expenditure of the 
                        funds; and
                    (F) encourage by appropriate means economic 
                viability that is consistent with the Heritage Area.
            (3) Prohibition on the acquisition of real property.--The 
        management entity shall not use Federal funds made available 
        under this Act to acquire real property or any interest in real 
        property.
            (4) Cost-sharing requirement.--The Federal share of the 
        cost of any activity carried out using any assistance made 
        available under this Act shall be 50 percent.
    (f) Heritage Area Management Plan.--
            (1) In general.--Not later than 3 years after the date of 
        enactment of this Act, the management entity shall submit to 
        the Secretary for approval a proposed Heritage Area management 
        plan.
            (2) Requirements.--The Heritage Area management plan 
        shall--
                    (A) incorporate an integrated and cooperative 
                approach to agricultural resources and activities, 
                flood protection facilities, and other public 
                infrastructure;
                    (B) emphasizes the importance of the resources 
                described in subparagraph (A);
                    (C) take into consideration State and local plans;
                    (D) include--
                            (i) an inventory of--
                                    (I) the resources located in the 
                                core area described in subsection (b); 
                                and
                                    (II) any other property in the core 
                                area that--
                                            (aa) is related to the 
                                        themes of the Heritage Area; 
                                        and
                                            (bb) should be preserved, 
                                        restored, managed, or 
                                        maintained because of the 
                                        significance of the property;
                            (ii) comprehensive policies, strategies and 
                        recommendations for conservation, funding, 
                        management, and development of the Heritage 
                        Area;
                            (iii) a description of actions that 
                        governments, private organizations, and 
                        individuals have agreed to take to protect the 
                        natural, historical and cultural resources of 
                        the Heritage Area;
                            (iv) a program of implementation for the 
                        Heritage Area management plan by the management 
                        entity that includes a description of--
                                    (I) actions to facilitate ongoing 
                                collaboration among partners to promote 
                                plans for resource protection, 
                                restoration, and construction; and
                                    (II) specific commitments for 
                                implementation that have been made by 
                                the management entity or any 
                                government, organization, or individual 
                                for the first 5 years of operation;
                            (v) the identification of sources of 
                        funding for carrying out the Heritage Area 
                        management plan;
                            (vi) analysis and recommendations for means 
                        by which local, State, and Federal programs, 
                        including the role of the National Park Service 
                        in the Heritage Area, may best be coordinated 
                        to carry out this Act; and
                            (vii) an interpretive plan for the Heritage 
                        Area; and
                    (E) recommend policies and strategies for resource 
                management that consider and detail the application of 
                appropriate land and water management techniques, 
                including the development of intergovernmental and 
                interagency cooperative agreements to protect the 
                natural, historical, cultural, educational, scenic, and 
                recreational resources of the Heritage Area.
            (3) Restrictions.--The Heritage Area management plan 
        submitted under this subsection shall--
                    (A) ensure participation by appropriate Federal, 
                State, tribal, and local agencies, including the Delta 
                Stewardship Council, special districts, natural and 
                historical resource protection and agricultural 
                organizations, educational institutions, businesses, 
                recreational organizations, community residents, and 
                private property owners; and
                    (B) not be approved until the Secretary has 
                received certification from the Delta Protection 
                Commission that the Delta Stewardship Council has 
                reviewed the Heritage Area management plan for 
                consistency with the plan adopted by the Delta 
                Stewardship Council pursuant to State law.
            (4) Deadline.--If a proposed Heritage Area management plan 
        is not submitted to the Secretary by the date that is 3 years 
        after the date of enactment of this Act, the management entity 
        shall be ineligible to receive additional funding under this 
        Act until the date that the Secretary receives and approves the 
        Heritage Area management plan.
            (5) Approval or disapproval of heritage area management 
        plan.--
                    (A) In general.--Not later than 180 days after the 
                date of receipt of the Heritage Area management plan 
                under paragraph (1), the Secretary, in consultation 
                with the State, shall approve or disapprove the 
                Heritage Area management plan.
                    (B) Criteria for approval.--In determining whether 
                to approve the Heritage Area management plan, the 
                Secretary shall consider whether--
                            (i) the management entity is representative 
                        of the diverse interests of the Heritage Area, 
                        including governments, natural and historic 
                        resource protection organizations, educational 
                        institutions, businesses, and recreational 
                        organizations;
                            (ii) the management entity has afforded 
                        adequate opportunity, including public 
                        hearings, for public and governmental 
                        involvement in the preparation of the Heritage 
                        Area management plan; and
                            (iii) the resource protection and 
                        interpretation strategies contained in the 
                        Heritage Area management plan, if implemented, 
                        would adequately protect the natural, 
                        historical, and cultural resources of the 
                        Heritage Area.
                    (C) Action following disapproval.--If the Secretary 
                disapproves the Heritage Area management plan under 
                subparagraph (A), the Secretary shall--
                            (i) advise the management entity in writing 
                        of the reasons for the disapproval;
                            (ii) make recommendations for revisions to 
                        the Heritage Area management plan; and
                            (iii) not later than 180 days after the 
                        receipt of any proposed revision of the 
                        Heritage Area management plan from the 
                        management entity, approve or disapprove the 
                        proposed revision.
                    (D) Amendments.--
                            (i) In general.--The Secretary shall 
                        approve or disapprove each amendment to the 
                        Heritage Area management plan that the 
                        Secretary determines make a substantial change 
                        to the Heritage Area management plan.
                            (ii) Use of funds.--The management entity 
                        shall not use Federal funds authorized by this 
                        Act to carry out any amendments to the Heritage 
                        Area management plan until the Secretary has 
                        approved the amendments.
    (g) Relationship to Other Federal Agencies.--
            (1) In general.--Nothing in this Act affects the authority 
        of a Federal agency to provide technical or financial 
        assistance under any other law.
            (2) 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 management entity to 
        the maximum extent practicable.
            (3) Other federal agencies.--Nothing in this Act--
                    (A) modifies, alters, or amends any law or 
                regulation authorizing a Federal agency to manage 
                Federal land under the jurisdiction of the Federal 
                agency;
                    (B) limits the discretion of a Federal land manager 
                to implement an approved land use plan within the 
                boundaries of the Heritage Area; or
                    (C) modifies, alters, or amends any authorized use 
                of Federal land under the jurisdiction of a Federal 
                agency.
    (h) Private Property and Regulatory Protections.--
            (1) In general.--Subject to paragraph (2), nothing in this 
        Act--
                    (A) abridges the rights of any property owner 
                (whether public or private), including the right to 
                refrain from participating in any plan, project, 
                program, or activity conducted within the Heritage 
                Area;
                    (B) requires any property owner to permit public 
                access (including access by Federal, State, 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, or local law;
                    (C) alters any duly adopted land use regulation, 
                approved land use plan, or other regulatory authority 
                of any Federal, State or local agency, or conveys any 
                land use or other regulatory authority to the 
                management entity;
                    (D) authorizes or implies the reservation or 
                appropriation of water or water rights;
                    (E) diminishes the authority of the State to manage 
                fish and wildlife, including the regulation of fishing 
                and hunting within the Heritage Area; or
                    (F) 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.
            (2) Opt out.--An owner of private property within the 
        Heritage Area may opt out of participating in any plan, 
        project, program, or activity carried out within the Heritage 
        Area under this Act, if the property owner provides written 
        notice to the management entity.
    (i) Evaluation; Report.--
            (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--
                    (A) conduct an evaluation of the accomplishments of 
                the Heritage Area; and
                    (B) prepare a report in accordance with paragraph 
                (3).
            (2) Evaluation.--An evaluation conducted under paragraph 
        (1)(A) shall--
                    (A) assess the progress of the management 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 Heritage Area management plan;
                    (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 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.
    (j) Effect of Designation.--Nothing in this Act--
            (1) precludes the management entity from using Federal 
        funds made available under other laws for the purposes for 
        which those funds were authorized; or
            (2) affects any water rights or contracts.

SEC. 4. 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.--The Federal share of the total cost 
of any activity under this Act shall be determined by the Secretary, 
but shall be not more than 50 percent.
    (c) Non-Federal Share.--The non-Federal share of the total cost of 
any activity under this Act may be in the form of in-kind contributions 
of goods or services.

SEC. 5. TERMINATION OF AUTHORITY.

    (a) In General.--If a proposed Heritage Area management plan has 
not been submitted to the Secretary by the date that is 5 years after 
the date of enactment of this Act, the Heritage Area designation shall 
be rescinded.
    (b) Funding Authority.--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.
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