[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2107 Reported in House (RH)]

<DOC>





                                                 Union Calendar No. 317
117th CONGRESS
  2d Session
                                H. R. 2107

                          [Report No. 117-410]

  To establish the Nation's Oldest Port National Heritage Area in the 
               State of Florida, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 19, 2021

  Mr. Rutherford (for himself, Mr. Waltz, and Mr. Lawson of Florida) 
 introduced the following bill; which was referred to the Committee on 
                           Natural Resources

                             July 14, 2022

Additional sponsors: Mrs. Murphy of Florida, Mr. Diaz-Balart, Ms. Lois 
Frankel of Florida, Mr. Bilirakis, Mr. Steube, Ms. Salazar, Mr. Crist, 
 Mr. Soto, Ms. Castor of Florida, Ms. Wasserman Schultz, Mrs. Demings, 
 Mr. C. Scott Franklin of Florida, Mrs. Cammack, Mr. Gaetz, Mr. Dunn, 
                              and Mr. Mast

                             July 14, 2022

 Deleted sponsor: Mr. Gaetz (added July 9, 2021; deleted June 15, 2022)

                             July 14, 2022

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
 [For text of introduced bill, see copy of bill as introduced on March 
                               19, 2021]


_______________________________________________________________________

                                 A BILL


 
  To establish the Nation's Oldest Port National Heritage Area in the 
               State of Florida, 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 ``Nation's Oldest Port National 
Heritage Area Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) National heritage area.--The term ``National Heritage 
        Area'' means the Nation's Oldest Port National Heritage Area 
        established by section 3(a).
            (2) Local coordinating entity.--The term ``local 
        coordinating entity'' means the local coordinating entity for 
        the National Heritage Area.
            (3) Management plan.--The term ``management plan'' means 
        the management plan for the National Heritage Area required 
        under section 5(a).
            (4) Map.--The term ``map'' means the map entitled 
        ``Nation's Oldest Port National Heritage Area Proposed Boundary 
        Map'', numbered 524/173745 and dated October 2020.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (6) State.--The term ``State'' means the State of Florida.

SEC. 3. ESTABLISHMENT OF THE NATION'S OLDEST PORT NATIONAL HERITAGE 
              AREA.

    (a) In General.--There is established the Nation's Oldest Port 
National Heritage Area in the State of Florida, to consist of natural 
watersheds in Nassau, Duval, St. Johns, and Flagler counties in the 
State, as generally depicted on the map.
    (b) Local Coordinating Entity.--The Nation's Oldest Port Heritage 
Area Alliance, Inc., shall serve as the local coordinating entity for 
the National Heritage Area.

SEC. 4. ADMINISTRATION.

    (a) Authorities.--For purposes of carrying out the management plan 
for the National Heritage Area, the Secretary acting through the local 
coordinating entity may use amounts made available under this Act--
            (1) to make grants to the State or a political subdivision 
        of the State, Indian Tribes, 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, Indian Tribes, 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, provided that any money specifically authorized 
        for National Heritage areas shall be subject to a 50 percent 
        cost-share requirement;
            (5) to contract for goods or services; and
            (6) to undertake or be a catalyst for any other activity 
        that furthers the purposes of the National Heritage Area and is 
        consistent with the approved management plan.
    (b) Duties.--The local coordinating entity for the National 
Heritage Area shall--
            (1) in accordance with section 5, prepare and submit a 
        management plan for the National Heritage Area to the 
        Secretary;
            (2) assist Federal agencies, the State or a political 
        subdivision of the State, Indian Tribes, regional planning 
        organizations, nonprofit organizations, and other interested 
        parties 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, interpretive, and 
                educational opportunities in the National Heritage 
                Area;
                    (D) increasing public awareness of, and 
                appreciation for, natural, historical, scenic, and 
                cultural resources of the National Heritage Area;
                    (E) protecting and restoring historic sites and 
                buildings in the National Heritage Area that are 
                consistent with the themes of the National Heritage 
                Area;
                    (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 
                the Federal Government, State, Tribal, and local 
                governments, organizations, and individuals to further 
                the purposes of 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 not less frequently 
        than semiannually regarding the development and implementation 
        of the management plan; and
            (5) for any year that Federal funds have been received 
        under this Act--
                    (A) submit to the Secretary an annual report 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);
                    (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 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 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 of enactment 
of this Act, the local coordinating entity of the National Heritage 
Area 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, historic, scenic, and recreational resources of the 
        National Heritage Area;
            (2) take into consideration Federal, State, local, and 
        Tribal plans and treaty rights;
            (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 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 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 unit of government, 
                        organization, or individual for the first 5 
                        years of operation;
                    (E) the identification of sources of funding for 
                carrying out 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 National 
                Heritage Area, may best be coordinated to carry out 
                this Act; 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, historical, cultural, 
        educational, scenic, and recreational 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 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 required under this section, 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 National Heritage Area, 
                including Federal, 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 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 of the management plan that 
                the Secretary determines make a substantial change to 
                the management plan.
                    (B) Use of funds.--The local coordinating entity 
                shall not use Federal funds to carry out any amendment 
                to the management plan until 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 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 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 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 property owner (whether 
        public or private), 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) enlarges or diminishes the treaty rights of any Indian 
        Tribe within the National Heritage Area;
            (7) diminishes--
                    (A) the authority of the State to manage fish and 
                wildlife, including the regulation of fishing and 
                hunting, within the National 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.--For the National Heritage Area, not later than 3 
years before the date specified under section 9, 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 
                approved management plan for the National Heritage 
                Area;
            (2) analyze the investments of the Federal Government, 
        State, Tribal, and local governments, 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, if any, with respect 
to the National Heritage Area.

SEC. 9. 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.
                                                 Union Calendar No. 317

117th CONGRESS

  2d Session

                               H. R. 2107

                          [Report No. 117-410]

_______________________________________________________________________

                                 A BILL

  To establish the Nation's Oldest Port National Heritage Area in the 
               State of Florida, and for other purposes.

_______________________________________________________________________

                             July 14, 2022

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed