[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5038 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 5038

  To establish the Maritime Washington National Heritage Area in the 
              State of Washington, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              July 9, 2014

  Mr. Kilmer (for himself and Mr. Heck of Washington) introduced the 
    following bill; which was referred to the Committee on Natural 
                               Resources

_______________________________________________________________________

                                 A BILL


 
  To establish the Maritime Washington National Heritage Area in the 
              State of Washington, 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 ``Maritime Washington National 
Heritage Area Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Heritage area.--The term ``Heritage Area'' means the 
        Maritime Washington National Heritage Area established by 
        section 4.
            (2) Local coordinating entity.--The term ``local 
        coordinating entity'' means the local coordinating entity for 
        the Heritage Area designated by section 4(b).
            (3) Management plan.--The term ``management plan'' means 
        the management plan for the Heritage Area specified in section 
        6.
            (4) Map.--The term ``map'' means the undated overview map 
        entitled ``Washington State Maritime Heritage Area Proposed 
        Boundary'' and the associated index maps.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (6) State.--The term ``State'' means the State of 
        Washington.

SEC. 3. PURPOSES.

    The purposes of this Act are--
            (1) to encourage and strengthen partnerships and 
        collaboration among maritime interests for the purpose of 
        economic development and heritage tourism;
            (2) to recognize that waterfronts are both a foundational 
        part of Washington's heritage and dynamic places that are 
        constantly adapting to new opportunities and challenges;
            (3) to recognize, interpret, and conserve the diverse and 
        abundant nationally significant maritime-related objects, 
        sites, structures, places, events, and activities that 
        collectively form a distinctive landscape in western Washington 
        State's ports and coastal communities;
            (4) to recognize and interpret the impact of this 
        nationally important maritime landscape on Native American and 
        European-American heritage;
            (5) to preserve landscapes, communities, traditions, 
        historic sites, and natural features in the Heritage Area 
        associated with this maritime history;
            (6) to promote heritage, cultural, and recreational 
        tourism, and to develop educational, interpretive, 
        recreational, and cultural programs through partnerships for 
        the benefit of visitors and the general public; and
            (7) to provide appropriate linkages between Federal, State, 
        and local historic sites, and communities, governments, 
        businesses, organizations, and individuals that stimulate 
        appropriate and compatible economic vitality within the 
        Heritage Area, without modifying the authority of any State, 
        tribal, or local government to regulate land use, public land 
        policy, or private activity.

SEC. 4. MARITIME WASHINGTON NATIONAL HERITAGE AREA.

    (a) Establishment.--There is established the Maritime Washington 
National Heritage Area in the counties of Whatcom, Skagit, Snohomish, 
San Juan, Island, King, Pierce, Thurston, Mason, Kitsap, Jefferson, 
Clallam, and Grays Harbor in the State of Washington.
    (b) Boundaries.--
            (1) In general.--The Heritage Area shall consist of 
        Federal, State, local, and tribal lands that allow public 
        access and are at least partly located within one-quarter mile 
        landward of the shoreline, as generally depicted on the map.
            (2) Revision.--The boundaries of the Heritage Area may be 
        revised if the revision is--
                    (A) proposed in the management plan;
                    (B) approved by the Secretary in accordance with 
                section 5; and
                    (C) placed on file in accordance with paragraph 3.
            (3) 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 local coordinating entity.
            (4) Local coordinating entity.--The local coordinating 
        entity for the Heritage Area shall be the Pacific Northwest 
        Maritime Heritage Advisory Council, operating under the 
        Washington Trust for Historic Preservation.

SEC. 5. 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 to the Secretary in accordance with 
        section 6, a management plan for the Heritage Area;
            (2) assist willing partners, such as units of State, local, 
        and tribal governments, regional planning organizations and 
        private organizations, in implementing the approved management 
        plan by--
                    (A) advocating for and carrying out programs and 
                projects that recognize and protect important resource 
                values within the Heritage Area;
                    (B) promoting, developing, and maintaining 
                interpretive exhibits and programs within the Heritage 
                Area;
                    (C) promoting or developing recreational and 
                educational opportunities in the Heritage Area;
                    (D) increasing public awareness of, and 
                appreciation for, natural, historic, scenic, 
                recreational, and cultural resources of the Heritage 
                Area;
                    (E) advocating for the protection and preservation 
                of historic sites, structures, objects, 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, businesses, 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) undertake an open and transparent process for the 
        development and implementation of the management plan by 
        holding regular public meetings;
            (5) submit an annual report to the Secretary for each 
        fiscal year in which the local coordinating entity receives 
        Federal funds under this Act specifying--
                    (A) the 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 leveraged with Federal funds and 
                sources of the leveraged funds;
                    (E) grants made to any other entities during the 
                fiscal year; and
                    (F) critical components for sustainability of the 
                Heritage Area;
            (6) make available for audit for any fiscal year for which 
        the local coordinating entity receives Federal funds under this 
        Act, all information pertaining to the expenditure of such 
        funds and any matching funds;
            (7) 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 such funds; and
            (8) encourage and strengthen partnerships and collaboration 
        among maritime interests, by appropriate means, for economic 
        development and heritage tourism consistent with the purposes 
        of the Heritage Area.
    (b) Authorities.--The local coordinating entity may, subject to the 
prior approval of the Secretary, for the purposes of preparing and 
implementing the management plan, use Federal funds made available 
under this Act to--
            (1) make grants to the State, political subdivisions of the 
        State, nonprofit organizations, and other persons;
            (2) enter into cooperative agreements with, or provide 
        technical assistance to, the State, political subdivisions of 
        the State, nonprofit organizations, Federal agencies, and other 
        interested parties;
            (3) hire and compensate staff;
            (4) obtain funds or services from any source, including 
        funds and services provided under any other Federal law or 
        program;
            (5) contract for goods or services; and
            (6) support activities of partners and any other activities 
        that further the purposes of the Heritage Area and are 
        consistent with the approved management plan.
    (c) Prohibition on the 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. 6. MANAGEMENT PLAN.

    (a) In General.--Not later than 3 years after the date on which 
funds are made available to develop the management plan, the local 
coordinating entity shall submit to the Secretary for approval a 
proposed management plan for the Heritage Area.
    (b) Requirements.--The management plan for the Heritage Area 
shall--
            (1) describe comprehensive policies, goals, strategies, and 
        recommendations for the conservation, funding, management, 
        interpretation, and development of the Heritage Area;
            (2) take into consideration existing State 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 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 conserve, 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 
        Heritage Area 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) an approximate timeline for implementation;
                    (C) specific commitments for implementation; and
                    (D) how the plan will be evaluated and updated;
            (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) provide recommendations for educational and 
        interpretive programs to inform the public about the resources 
        of 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;
                    (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; and
                    (C) describes goals and recommendations for 
                sustainability of the coordinating entity through the 
                term of the legislation.
    (c) Termination of Funding.--If the management plan is not 
submitted to the Secretary in accordance with this section, the local 
coordinating entity shall not qualify for additional financial 
assistance under this Act until such time as the management plan is 
submitted to, and approved by, the Secretary.
    (d) Approval of Management Plan.--
            (1) Review.--Not later than 180 days after the date on 
        which the Secretary receives the management plan, the Secretary 
        shall approve or disapprove the management plan.
            (2) Criteria for approval.--In determining the approval of 
        the management plan, the Secretary shall consider whether--
                    (A) the local coordinating entity represents the 
                diverse interests of the Heritage Area, including 
                governments, resource-related organizations, 
                educational institutions, ports, 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 conservation and interpretation strategies 
                described in the management plan, if implemented, are 
                compatible and consistent with this Act;
                    (D) the management plan would not adversely affect 
                any activities authorized on Federal, State, local, or 
                tribal lands 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;
                    (F) the local coordinating entity has identified 
                existing and potential sources of funding for 
                implementing the management plan in partnership with 
                others; and
                    (G) provisions for long-term sustainability of the 
                Heritage Area are in place.
            (3) Action following disapproval.--
                    (A) In general.--If the Secretary disapproves the 
                management plan, the Secretary--
                            (i) shall advise the local coordinating 
                        entity in writing of the reasons for the 
                        disapproval; and
                            (ii) may make recommendations to the local 
                        coordinating entity for revisions to the 
                        management plan.
                    (B) Deadline.--Not later than 180 days after 
                receiving a revised management plan, the Secretary 
                shall approve or disapprove the revised management 
                plan.
            (4) Amendments.--
                    (A) In general.--An amendment to the management 
                plan that substantially alters the management 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 authorized to be 
                appropriated by this Act to implement any amendment to 
                the management plan until the Secretary approves the 
                amendment.

SEC. 7. DUTIES AND AUTHORITIES OF THE SECRETARY.

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

SEC. 8. RELATIONSHIP TO OTHER FEDERAL AGENCIES.

    (a) In General.--Nothing in this Act affects the authority of any 
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 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. 9. PROPERTY OWNERS AND REGULATORY PROTECTIONS.

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

SEC. 10. 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 $500,000 shall be made 
available for any fiscal year.
    (b) Availability.--Funds made available under subsection (a) shall 
remain available until expended.
    (c) Cost-Sharing Requirement.--
            (1) In general.--The Federal share of the total cost of any 
        activity under this section shall be not more than 50 percent.
            (2) Form.--The non-Federal contribution--
                    (A) shall be from non-Federal sources; and
                    (B) may be in the form of in-kind contributions of 
                goods or services fairly valued.

SEC. 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 enactment of the Act.
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