[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4816 Introduced in Senate (IS)]

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116th CONGRESS
  2d Session
                                S. 4816

  To establish the Southern Maryland National Heritage Area, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             October 20 (legislative day, October 19), 2020

 Mr. Cardin (for himself and Mr. Van Hollen) introduced the following 
bill; which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL


 
  To establish the Southern Maryland 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. SHORT TITLE.

    This Act may be cited as the ``Southern Maryland National Heritage 
Area Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Heritage area.--The term ``Heritage Area'' means the 
        Southern Maryland National Heritage Area established by section 
        3(a).
            (2) Local coordinating entity.--The term ``Local 
        Coordinating Entity'' means the local coordinating entity for 
        the Heritage Area designated by section 3(c).
            (3) Management plan.--The term ``management plan'' means 
        the management plan for the Heritage Area prepared under 
        section 5(a).
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (5) State.--The term ``State'' means the State of Maryland.

SEC. 3. ESTABLISHMENT OF SOUTHERN MARYLAND NATIONAL HERITAGE AREA.

    (a) In General.--There is established in the State the Southern 
Maryland National Heritage Area, to be administered in accordance with 
this Act.
    (b) Boundaries.--The Heritage Area shall include portions of St. 
Mary's, Calvert, Charles, and Prince George's Counties in the State, 
with the specific boundaries to be established by the Secretary, based 
on the feasibility study for the Heritage Area.
    (c) Local Coordinating Entity.--The Tri-County Council for Southern 
Maryland shall serve as the local coordinating entity for the Heritage 
Area.

SEC. 4. ADMINISTRATION.

    (a) Authorities.--For purposes of carrying out 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, political subdivisions of 
        the State, Indian Tribes, nonprofit organizations, and other 
        entities;
            (2) to enter into cooperative agreements with, or provide 
        technical assistance to, the State, political subdivisions of 
        the State, Indian Tribes, nonprofit organizations, and other 
        interested entities;
            (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 marketing, advertising, and public 
        relations;
            (6) to contract for goods or services;
            (7) to contract for fundraising; and
            (8) to undertake any other activity that--
                    (A) furthers the purposes of the Heritage Area; and
                    (B) is consistent with the approved management 
                plan.
    (b) Duties.--The Local Coordinating Entity shall--
            (1) assist Federal agencies, the State, political 
        subdivisions of the State, Indian Tribes, regional planning 
        organizations, nonprofit organizations, and other interested 
        persons in carrying out the approved management plan by--
                    (A) carrying out programs and projects that 
                recognize, protect, and enhance important resource 
                values in the Heritage Area;
                    (B) establishing and maintaining interpretive 
                exhibits and programs in the Heritage Area;
                    (C) developing recreational, interpretive, and 
                educational opportunities in the Heritage Area;
                    (D) increasing public awareness of, and 
                appreciation for, natural, historical, scenic, and 
                cultural resources of the Heritage Area;
                    (E) protecting and restoring historic sites and 
                buildings in the Heritage Area that are consistent with 
                the themes of the Heritage Area;
                    (F) ensuring that clear, consistent, and 
                appropriate 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 
                the Federal Government, State, Tribal, and local 
                governments, organizations, and individuals to further 
                the purposes of the Heritage Area;
            (2) 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;
            (3) conduct meetings open to the public not less frequently 
        than semiannually regarding the development and implementation 
        of the management plan; and
            (4) for any year that Federal funds have been received 
        under this subsection--
                    (A) submit to the Secretary an annual report that 
                describes, with respect to the reporting period, the 
                activities, expenses, and income of the Local 
                Coordinating Entity;
                    (B) make available to the Secretary for audit all 
                records relating to the expenditure of the funds and 
                any matching funds; and
                    (C) encourage, by appropriate means and consistent 
                with the purposes of the Heritage Area, the economic 
                viability of the 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. 5. MANAGEMENT PLAN.

    (a) In General.--Not later than 3 years after the date on which 
funds are first made available to carry out this Act, the Local 
Coordinating Entity shall submit to the Secretary for approval a 
proposed management plan for the 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, historic, scenic, and recreational resources of the 
        Heritage Area;
            (2) take into consideration other applicable Federal, 
        State, local, and Tribal plans and treaty rights; and
            (3) include--
                    (A) an inventory of--
                            (i) the resources located in the Heritage 
                        Area; and
                            (ii) any other property in the Heritage 
                        Area that--
                                    (I) is related to the themes of the 
                                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 Heritage Area;
                    (C) a description of activities that the Federal 
                Government, State, Tribal, and local governments, 
                private organizations, and individuals have agreed to 
                carry out to protect the natural, historical, cultural, 
                scenic, and recreational resources of the 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 unit of government, 
                        organization, or individual for the first 5 
                        years of operation of the Heritage Area;
                    (E) the identification of sources of funding to 
                implement the management plan;
                    (F) analysis and recommendations for means by which 
                Federal, State, local, and Tribal programs (including 
                the role of the National Park Service in the Heritage 
                Area) may carry out the purposes of this Act;
                    (G) an interpretive plan for the Heritage Area; and
                    (H) recommended 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.
    (c) Deadline.--If a proposed management plan is not submitted to 
the Secretary by the date that is 3 years after the date on which funds 
are first made available to carry out this Act, the Local Coordinating 
Entity shall be ineligible to receive additional funding under this Act 
until the date on which the Secretary 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 State and Tribal governments, 
        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 Heritage Area, 
                including the Federal Government, State, Tribal, and 
                local governments, natural and historic 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, 
                historical, and cultural resources of the 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 to the Local Coordinating 
                Entity 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 of the management plan that 
                the Secretary determines makes a substantial change to 
                the management plan.
                    (B) Use of funds.--The Local Coordinating Entity 
                shall not use Federal funds authorized under section 9 
                to carry out any amendment to the management plan until 
                the date on which the Secretary has approved the 
                amendment.

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 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 (including 
        regulations) 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 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 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--
                    (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) enlarges or diminishes the treaty rights of any Indian 
        Tribe within the Heritage Area;
            (7) diminishes--
                    (A) the authority of the State to manage fish and 
                wildlife, including the regulation of fishing and 
                hunting, within the Heritage Area; or
                    (B) the authority of Indian Tribes to regulate 
                members of Indian Tribes with respect to fishing, 
                hunting, and gathering in the exercise of treaty 
                rights; or
            (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 Heritage Area, the 
Secretary shall--
            (1) conduct an evaluation of the accomplishments of the 
        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 Heritage 
                Area; and
                    (B) achieving the goals and objectives of the 
                approved management plan;
            (2) analyze the investments of the Federal Government, 
        State, Tribal, and local governments, and private entities in 
        the Heritage Area to determine the impact of the investments; 
        and
            (3) 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.
    (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, if any, with respect 
to the Heritage Area.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated for the 
Heritage Area to carry out the purposes of 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 under this Act shall be not more than 50 percent.
            (2) Form.--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 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.
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