[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1623 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 582
114th CONGRESS
  2d Session
                                S. 1623

                          [Report No. 114-310]

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 18, 2015

  Ms. Cantwell (for herself and Mrs. Murray) introduced the following 
bill; which was read twice and referred to the Committee on Energy and 
                           Natural Resources

                            August 30, 2016

 Reported under authority of the order of the Senate of July 14, 2016, 
                   by Ms. Murkowski, with amendments
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 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) Local coordinating entity.--The term ``local 
        coordinating entity'' means the local coordinating entity for 
        the National Heritage Area designated by section 3(d).
            (2) Management plan.--The term ``management plan'' means 
        the management plan for the National Heritage Area required 
        under section 4.
            (3) Map.--The term ``map'' means the map entitled 
        ``Maritime Washington National Heritage Area Proposed 
        Boundary'', numbered 584/125,484, and dated August 2014.
            (4) National heritage area.--The term ``National Heritage 
        Area'' means the Maritime Washington National Heritage Area 
        established by section 3(a).
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (6) State.--The term ``State'' means the State of 
        Washington.

SEC. 3. MARITIME WASHINGTON NATIONAL HERITAGE AREA.

    (a) Establishment.--There is established in the State the Maritime 
Washington National Heritage Area.
    (b) Boundaries.--
            (1) In general.--The National Heritage Area shall consist 
        of land located in the counties of Whatcom, Skagit, Snohomish, 
        San Juan, Island, King, Pierce, Thurston, Mason, Kitsap, 
        Jefferson, Clallam, and Grays Harbor in the State that is at 
        least partially located within the area that is \1/4\-mile 
        landward of the shoreline, as generally depicted on the map.
            (2) Revision.--The boundaries of the National Heritage Area 
        established under paragraph (1) may be revised if the revision 
        is--
                    (A) proposed in the management plan;
                    (B) approved by the Secretary in accordance with 
                section 4; and
                    (C) placed on file in accordance with subsection 
                (c).
    (c) Availability of Map.--The map shall be on file and available 
for public inspection in the appropriate offices of--
            (1) the National Park Service; and
            (2) the local coordinating entity.
    (d) Local Coordinating Entity.--The Washington Trust for Historic 
Preservation shall be the local coordinating entity for the National 
Heritage Area.

SEC. 4. MANAGEMENT PLAN.

    (a) 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 National 
Heritage Area.
    (b) Requirements.--The management plan shall--
            (1) incorporate an integrated and cooperative approach for 
        the protection, enhancement, and interpretation of the natural, 
        cultural, historical, scenic, and recreational resources of the 
        National Heritage Area;
            (2) take into consideration State and local plans;
            (3) include--
                    (A) an inventory of--
                            (i) the resources located in the National 
                        Heritage Area; and
                            (ii) any other property in the National 
                        Heritage Area that--
                                    (I) is related to the themes of the 
                                National Heritage Area; and
                                    (II) should be preserved, restored, 
                                managed, or maintained because of the 
                                significance of the property;
                    (B) comprehensive policies, strategies and 
                recommendations for the conservation, funding, 
                management, and development of the National Heritage 
                Area;
                    (C) a description of actions that governments, 
                private organizations, and individuals have agreed to 
                take to protect the natural, cultural, and historical 
                resources of the National Heritage Area;
                    (D) 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 of the National Heritage 
                        Area;
                    (E) the identification of sources of funding for 
                carrying out the management plan;
                    (F) analysis and recommendations for means by which 
                Federal, State, and local programs may best be 
                coordinated to carry out this section, including a 
                description of the role of the National Park Service in 
                the National Heritage Area; and
                    (G) an interpretive plan for the National Heritage 
                Area; and
            (4) 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, cultural, historical, 
        scenic, recreational, and educational resources of the National 
        Heritage Area.
    (c) 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 Act until the date on which the 
Secretary receives and approves the management plan.
    (d) Approval or Disapproval 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 State, 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 is representative 
                of the diverse interests of the National Heritage Area, 
                including governments, natural and historical resource 
                protection organizations, educational institutions, 
                businesses, and recreational organizations;
                    (B) the local coordinating entity has afforded 
                adequate opportunity, including public hearings, for 
                public and governmental involvement in the preparation 
                of the management plan; and
                    (C) the resource protection and interpretation 
                strategies contained in the management plan, if 
                implemented, would adequately protect the natural, 
                cultural, and historical resources of the National 
                Heritage Area.
            (3) Action following disapproval.--If the Secretary 
        disapproves the management plan under paragraph (1), the 
        Secretary shall--
                    (A) advise the local coordinating entity in writing 
                of the reasons for the disapproval;
                    (B) make recommendations 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, approve or disapprove the 
                proposed revision.
            (4) Amendments.--
                    (A) In general.--The Secretary shall approve or 
                disapprove each amendment to the management plan that 
                makes a substantial change to the management plan, as 
                determined by the Secretary.
                    (B) 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 date on which the Secretary has approved the 
                amendments.

SEC. 5. ADMINISTRATION.

    (a) Authorities.--For purposes of implementing the management plan, 
the Secretary, acting through the local coordinating entity, may use 
amounts made available under section 9--
            (1) to make grants to the State or a political subdivision 
        of the State, nonprofit organizations, and other persons;
            (2) to 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;
            (3) to hire and compensate staff, which shall include 
        individuals with expertise in natural, cultural, and historical 
        resources protection and heritage programming;
            (4) to obtain money or services from any source, including 
        any money or services that are provided under any other Federal 
        law or program;
            (5) to contract for goods or services; and
            (6) to undertake to be a catalyst for any other activity 
        that--
                    (A) furthers the purposes of the National Heritage 
                Area; and
                    (B) is consistent with the approved management 
                plan.
    (b) Duties.--The local coordinating entity shall--
            (1) in accordance with section 4, prepare and submit a 
        management plan to the Secretary;
            (2) assist units of local government, regional planning 
        organizations, and nonprofit organizations in carrying out the 
        approved management plan by--
                    (A) carrying out programs and projects that 
                recognize, protect, and enhance important resource 
                values in the National Heritage Area;
                    (B) establishing and maintaining interpretive 
                exhibits and programs in the National Heritage Area;
                    (C) developing recreational and educational 
                opportunities in the National Heritage Area;
                    (D) increasing public awareness of, and 
                appreciation for, natural, cultural, historical, and 
                scenic resources of the National Heritage Area;
                    (E) identifying and restoring historic sites and 
                buildings in the National Heritage Area that are 
                consistent with National Heritage Area themes;
                    (F) ensuring that clear, consistent, and 
                appropriate signs identifying points of public access 
                and sites of interest are posted throughout the 
                National Heritage Area; and
                    (G) promoting a wide range of partnerships among 
                governments, organizations, and individuals to further 
                the National Heritage Area;
            (3) consider the interests of diverse units of government, 
        businesses, organizations, and individuals in the National 
        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 year for which Federal funds have been received 
        under this section--
                    (A) submit to the Secretary an annual report that 
                describes the activities, expenses, and income of the 
                local coordinating entity (including grants from the 
                local coordinating entity to any other entities during 
                the year that the report is made);
                    (B) make available to the Secretary for audit all 
                records relating to the expenditure of the funds and 
                any matching funds; and
                    (C) require, with respect to all agreements 
                authorizing the 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
            (6) encourage, by appropriate means, economic viability 
        that is consistent with the National Heritage Area.
    (c) Prohibition on the Acquisition of Real Property.--The local 
coordinating entity shall not use Federal funds made available under 
section 9 to acquire real property or any interest in real property.

SEC. 6. RELATIONSHIP TO OTHER FEDERAL AGENCIES.

    (a) In General.--Nothing in this Act affects the authority of a 
Federal agency to provide technical or financial assistance under any 
other law.
    (b) Consultation and Coordination.--The head of any Federal agency 
planning to conduct activities that may have an impact on the National 
Heritage Area is encouraged to consult and coordinate the activities 
with the Secretary and the local coordinating entity, to the maximum 
extent practicable.
    (c) Other Federal Agencies.--Nothing in this Act--
            (1) modifies, alters, or amends any law or regulation 
        authorizing a Federal agency to manage Federal land under the 
        jurisdiction of the Federal agency;
            (2) limits the discretion of a Federal land manager to 
        implement an approved land use plan within the boundaries of 
        the National Heritage Area; or
            (3) modifies, alters, or amends any authorized use of 
        Federal land under the jurisdiction of a Federal agency.

SEC. 7. PRIVATE PROPERTY AND REGULATORY PROTECTIONS.

    Nothing in this Act--
            (1) abridges the rights of any owner of public or private 
        property, including the right to refrain from participating in 
        any plan, project, program, or activity conducted within the 
        National Heritage Area;
            (2) requires any property owner--
                    (A) to permit public access (including access by 
                Federal, State, or local agencies) to the property of 
                the property owner; or
                    (B) 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, tribal, or local agency;
            (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) alters, modifies, diminishes, or extinguishes the 
        treaty rights of any Indian tribe within the National Heritage 
        Area;
            (6)(7) diminishes the authority of the State to manage fish 
        and wildlife, including the regulation of fishing and hunting 
        within the National Heritage Area; or
            (7)(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. 8. EVALUATION AND REPORT.

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

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 in any fiscal year.
    (b) Availability.--Amounts 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 carried out under this Act shall be not more than 50 
        percent.
            (2) Form.--The non-Federal share of the total cost of any 
        activity carried out under this Act may be in the form of in-
        kind contributions of goods or services fairly valued.
    (d) Termination of 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.
                                                       Calendar No. 582

114th CONGRESS

  2d Session

                                S. 1623

                          [Report No. 114-310]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                            August 30, 2016

                        Reported with amendments