[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 357 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. R. 357
To establish the Sacramento-San Joaquin Delta National Heritage Area.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 9, 2019
Mr. Garamendi (for himself, Ms. Matsui, Mr. DeSaulnier, Mr. McNerney,
and Mr. Thompson of California) introduced the following bill; which
was referred to the Committee on 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 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 local coordinating entity under this Act.
(3) Local coordinating entity.--The term ``local
coordinating entity'' means the local coordinating 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 October 2012.
(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) Local Coordinating Entity.--The local coordinating 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 local
coordinating 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 local coordinating 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 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 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 local coordinating 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) emphasize 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 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 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 local coordinating
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 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 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 local coordinating 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 local
coordinating 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 makes a substantial change
to the Heritage Area management plan.
(ii) Use of funds.--The local coordinating
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 local coordinating
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 local
coordinating 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 local coordinating 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 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 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 local coordinating 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.
<all>