[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 89 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                 H. R. 89

   To establish the St. Croix National Heritage Area, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 3, 2013

Mrs. Christensen (for herself, Mr. Pierluisi, Mr. Faleomavaega, and Ms. 
  Bordallo) introduced the following bill; which was referred to the 
                     Committee on Natural Resources

_______________________________________________________________________

                                 A BILL


 
   To establish the St. Croix 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. ST. CROIX NATIONAL HERITAGE AREA.

    (a) Definitions.--In this section:
            (1) Heritage area.--The term ``Heritage Area'' means the 
        St. Croix National Heritage Area established by subsection 
        (b)(1).
            (2) Local coordinating entity.--The term ``local 
        coordinating entity'' means the local coordinating entity for 
        the Heritage Area designated by subsection (b)(4).
            (3) Management plan.--The term ``management plan'' means 
        the management plan for the Heritage Area required under 
        subsection (d).
            (4) Map.--The term ``map'' means the map entitled 
        ``Proposed St. Croix National Heritage Area'' and dated 
        ________.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (6) State.--The term ``State'' means St. Croix, U.S. Virgin 
        Islands.
    (b) St. Croix National Heritage Area.--
            (1) Establishment.--There is established in the State the 
        St. Croix National Heritage Area.
            (2) Conceptual boundaries.--The Heritage Area shall consist 
        of the entire island.
            (3) Map.--A map of the Heritage Area shall be--
                    (A) included in the management plan; and
                    (B) on file and available for public inspection in 
                the appropriate offices of the National Park Service.
            (4) Local coordinating entity.--
                    (A) In general.--The local coordinating entity for 
                the Heritage Area shall be known as St. Croix United 
                for Community, Culture, Environment, and Economic 
                Development (SUCCEED) Inc.
                    (B) Membership requirements.--Membership in 
                SUCCEED, Inc. shall be open to a broad cross-section of 
                public, private, and non-governmental sectors including 
                businesses, individuals, agencies, and organizations 
                that were involved in the planning and development of 
                the Heritage Area prior to the enactment of this Act.
    (c) Administration.--
            (1) Authorities.--For purposes of carrying out the 
        management plan, the Secretary, acting through the local 
        coordinating entity, may use amounts made available under this 
        section 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 management plan.
            (2) Duties.--The local coordinating entity shall--
                    (A) in accordance with subsection (d), prepare and 
                submit a management plan for the Heritage Area to the 
                Secretary;
                    (B) assist units of local government, regional 
                planning organizations, and nonprofit organizations in 
                carrying out the approved 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 management plan;
                    (D) conduct meetings open to the public at least 
                semiannually regarding the development and 
                implementation of the management plan;
                    (E) for any year that Federal funds have been 
                received under this section--
                            (i) submit an annual report to the 
                        Secretary that describes the activities, 
                        expenses, and income of the local coordinating 
                        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; and
                            (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 
        local coordinating entity shall not use Federal funds made 
        available under this section to acquire real property or any 
        interest in real property.
            (4) Cost-sharing requirement.--
                    (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) 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.
    (d) Management Plan.--
            (1) In general.--Not later than 3 years after the date of 
        enactment of this Act, the local coordinating entity shall 
        submit to the Secretary for approval a proposed management plan 
        for the Heritage Area.
            (2) Requirements.--The management plan shall--
                    (A) incorporate an integrated and cooperative 
                approach for the protection, enhancement, and 
                interpretation of the natural, cultural, historic, 
                scenic, and recreational resources of the Heritage 
                Area;
                    (B) take into consideration State and local plans;
                    (C) include--
                            (i) an inventory of--
                                    (I) the resources located in the 
                                core area described in subsection 
                                (b)(2); 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) describe comprehensive policies, 
                        goals, strategies and recommendations for 
                        telling the story of the heritage of the area 
                        covered by the designation and encouraging 
                        long-term resource protection, enhancement, 
                        interpretation, funding, management, and 
                        development;
                            (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 
                        management plan by the local coordinating 
                        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 local coordinating 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 management plan;
                            (vi) analysis and recommendations for means 
                        by which local, State, and Federal programs, 
                        may best be coordinated to carry out this 
                        section; and
                            (vii) a business plan that describes the 
                        role, operation, financing, and functions of 
                        the local coordinating entity and of each of 
                        the major activities contained in the 
                        management plan and provides adequate 
                        assurances that the local coordinating entity 
                        has the partnerships and financial and other 
                        resources necessary to implement the management 
                        plan for the National Heritage Area; and
                    (D) 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) Deadline.--If a proposed management plan is not 
        submitted to the Secretary by the date that is 3 years after 
        the date of enactment of this Act, the local coordinating 
        entity shall be ineligible to receive additional funding under 
        this section until the date that the Secretary receives and 
        approves the management plan.
            (4) Approval or disapproval of management plan.--
                    (A) In general.--Not later than 180 days after the 
                date of receipt of the management plan under paragraph 
                (1), the Secretary, in consultation with the State, 
                shall approve or disapprove the management plan.
                    (B) Criteria for approval.--In determining whether 
                to approve the management plan, the Secretary shall 
                consider whether--
                            (i) the local coordinating 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 local coordinating entity has 
                        afforded adequate opportunity, including public 
                        hearings, for public and governmental 
                        involvement in the preparation of the 
                        management plan; and
                            (iii) the resource protection and 
                        interpretation strategies contained in the 
                        management plan, if implemented, would 
                        adequately protect the natural, historical, and 
                        cultural resources of the Heritage Area.
                    (C) Action following disapproval.--If the Secretary 
                disapproves the management plan under subparagraph (A), 
                the Secretary shall--
                            (i) advise the local coordinating entity in 
                        writing of the reasons for the disapproval;
                            (ii) make recommendations for revisions to 
                        the management plan; and
                            (iii) not later than 180 days after the 
                        receipt of any proposed revision of the 
                        management plan from the local coordinating 
                        entity, approve or disapprove the proposed 
                        revision.
                    (D) Amendments.--
                            (i) In general.--The Secretary shall 
                        approve or disapprove each amendment to the 
                        management plan that the Secretary determines 
                        make a substantial change to the management 
                        plan.
                            (ii) Use of funds.--The local coordinating 
                        entity shall not use Federal funds authorized 
                        by this section to carry out any amendments to 
                        the management plan until the Secretary has 
                        approved the amendments.
    (e) Relationship to Other Federal Agencies.--
            (1) In general.--Nothing in this section 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 local coordinating 
        entity to the maximum extent practicable.
            (3) Other federal agencies.--Nothing in this section--
                    (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.
    (f) Private Property and Regulatory Protections.--Nothing in this 
section--
            (1) 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;
            (2) 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;
            (3) 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 local coordinating entity;
            (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 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.
    (g) 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 local coordinating 
                entity with respect to--
                            (i) accomplishing the purposes of this 
                        section 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 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.
    (h) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $10,000,000, of which not more 
than $1,000,000 may be made available for any fiscal year.
    (i) Termination of Authority.--The authority of the Secretary to 
provide assistance under this section terminates on the date that is 15 
years after the date of enactment of this Act.
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