[Congressional Record Volume 142, Number 26 (Thursday, February 29, 1996)]
[Senate]
[Pages S1458-S1461]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. SARBANES:
  S. 1583. A bill to establish the Lower Eastern Shore American 
Heritage Area, and for other purposes; to the Committee on Energy and 
Natural Resources.


       the lower eastern shore american heritage area act of 1996

 Mr. SARBANES. Mr. President, today I am introducing 
legislation to designate the Lower Eastern Shore of Maryland as a 
National Heritage Area. The purpose of this legislation is to help 
conserve and promote the resources of the region's communities and 
their unique contribution to the fabric of the Nation, while 
revitalizing its local economies and improving its overall quality of 
life.
  The Lower Eastern Shore is a very special place. It contains an 
unrivaled combination of resources and history which represent a unique 
and integral piece of the diverse tapestry of our national character. 
Situated on the Delmarva Peninsula between the Atlantic Ocean and the 
Chesapeake Bay--the largest and most productive estuary in North 
America, its nationally significant natural resources also include the 
Coastal Bays--Chincoteague, Sinepuxent, Isle of Wright, and Assawoman; 
the Wild and Scenic Pocomoke River; and one of the few relatively 
undisturbed strands of barriers islands on the east coast--to name only 
a few. Its unique land and water resources contain an extraordinary 
variety of habitat types--from old growth forests to cypress swamps--
and a tremendous diversity of flora and fauna.
  The Lower Eastern Shore has played an important role in the history 
and culture of our Nation from the earliest native American, African-
American, and European-American settlements. Evidence of the Lower 
Shore's past is featured prominently in its daily life--including its 
watermen who for centuries have sailed the Bay's waters in the 
legendary Skipjacks--the last commercial sailing fleet left in North 
America--Bugeyes, and other vessels harvesting oysters, crabs, and 
fish. The area is recognized as the country's original historic and 
cultural center for the shell fishing industry. It holds the birth 
rights to the uniquely American art form of decoy carving through the 
internationally-recognized work of Lemuel and Steve Ward. The 
agriculture and water-related industries which flourished throughout 
the 1700's and 1800's, still contribute heavily to the regional 
economy. Many of the towns and communities on the Lower Shore including 
Crisfield, Deal Island, Smith Island, Snow Hill, and Princess Anne look 
much the same today as they did almost two centuries ago--and their 
numerous buildings and sites on the National Register of Historic 
Places still serve as important reminders of the history of the area.
  The Lower Eastern Shore also boasts a wide array of national 
recreational amenities including: Ocean City, one of the Nation's 
premier ocean resorts; the Assateague Island National Seashore, one of 
the few pristine and unspoiled seashores remaining on the east coast; 
the Blackwater National Wildlife Refuge, home to the largest population 
of bald eagles east of the Mississippi River; and the Beach to Bay 
Indian National Recreational Trail. Over 10 million tourists visit the 
area each year to enjoy not only the scenic waterways and recreational 
draws, but also the historic sites and cultural attractions.
  Five years ago, State and local government officials, area residents, 
the National Park Service, the Environmental Protection Agency, the 
University of Maryland-Eastern Shore, businesses, and other private 
organizations joined together to harness and at the same time protect 
this area's distinctive potential. This was one of the early efforts in 
a growing national movement of concerned individuals, organizations, 
and governments working 

[[Page S1459]]
together to develop a vision for the future of an area distinguished by 
its resources, communities, and ways of life. Through that effort, a 
regional public-private partnership was formed and the Lower Eastern 
Shore Heritage Committee has prepared and begun to implement a plan 
which is already showing results in the conservation, preservation, and 
the revitalization of the Lower Shore counties.
  The bill which I have introduced will provide further impetus for the 
successful implementation of a heritage conservation and development 
plan, while providing the Lower Eastern Shore with the important 
national recognition it deserves. This legislation is not designed to 
create a new national park or in any way change existing authorities of 
Federal, State and local governments to regulate the use of land as 
provided for by current law or regulations. Rather, it provides Federal 
technical assistance and grants and seed moneys at the grassroots level 
to foster Federal, State, and local partnerships, and promote and 
protect the unique characteristics of the area.
  The Lower Eastern Shore Heritage initiative has been endorsed by a 
number of communities and organizations including the town of Berlin, 
the city of Crisfield, Pocomoke City, the town of Princess Anne, the 
town of Snow Hill, the Beach to Bay Indian Trail Committee, the 
Pocomoke River Alliance, the Greater Crisfield Marketing Authority, the 
Jenkins Creek Environmental Research Center, Wicomico, Worcester, and 
Somerest County tourism offices, and local chambers of commerce.
  I ask unanimous consent that the full text of the bill and a section-
by-section analysis be included in the Record. It is my hope that this 
bill can be included as part of the broader National Heritage Area 
legislation which is working its way through the Congress.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 1583

       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 ``Lower Eastern Shore American 
     Heritage Area Act of 1996''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Coordinating entity.--The term ``coordinating entity'' 
     means the Lower Eastern Shore Heritage Committee, Inc., a 
     nonprofit corporation organized under the laws of Maryland.
       (2) Heritage area.--The term ``Heritage Area'' means the 
     Lower Eastern Shore American Heritage Area established under 
     section 5.
       (3) Participating partner.--The term ``participating 
     partner'' means a county that has entered into the compact 
     under section 6.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

     SEC. 3. FINDINGS.

       Congress finds that--
       (1) the Lower Eastern Shore possesses important historical, 
     cultural, and natural resources, representing themes of 
     settlement, migration, transportation, commerce, and natural 
     resource uses, as described in the Lower Eastern Shore 
     Heritage Plan (1992), endorsed by local governments, and in 
     the draft report, Investing in a Special Place: A Report by 
     the National Park Service to Congress and the Public on 
     Resources, Accomplishments, and Opportunities for 
     Conservation and Sustainable Development: Lower Eastern 
     Shore, Maryland (1995);
       (2) the Lower Eastern Shore played an important role in the 
     history of the American Revolution and the Civil War;
       (3) the Lower Eastern Shore gave birth to the uniquely 
     American art form of decoy-carving through the 
     internationally recognized work of Lemuel and Steve Ward and 
     played a central role in the recognition of the aesthetic 
     value of waterfowl habitat and landscapes;
       (4) the skipjack, a popular symbol of the Chesapeake Bay 
     designed and used in Maryland for harvesting oysters, is the 
     last commercial sailing vessel still used in North America;
       (5) the Lower Eastern Shore played an important role in the 
     evolution of the colonial and American agricultural, 
     timbering, shipping, and seafood industries in the 17th 
     through 20th centuries, exemplified in many structures and 
     landscapes, including farms and plantations, railroad towns, 
     seafood processing industries, docks, and what was once the 
     largest cannery in the United States;
       (6) the Lower Eastern Shore rural townscapes and 
     landscapes--
       (A) display exceptional surviving physical resources 
     illustrating the themes of the Lower Eastern Shore and the 
     social, industrial, and cultural history of the 17th through 
     the early 20th centuries; and
       (B) include many national historic sites and landmarks;
       (7) the Lower Eastern Shore is the home of traditions and 
     research efforts associated with native American, African-
     American, and European-American settlements dating to periods 
     before, during, and after European contact, and retains 
     physical, social, and cultural evidence of the traditions; 
     and
       (8) the State of Maryland has established a structure to 
     enable Lower Eastern Shore communities to join together to 
     preserve, conserve, and manage the Lower Eastern Shore's 
     resources through the Maryland Greenways Commission, river 
     conservation, trail development, and other means.

     SEC. 4. PURPOSES.

       The purposes of this Act are to--
       (1) recognize the importance of the history, culture, and 
     living resources of the Lower Eastern Shore to the United 
     States;
       (2) assist the State of Maryland and the communities of the 
     Lower Eastern Shore in protecting, restoring, and 
     interpreting the Lower Eastern Shore's resources for the 
     benefit of the United States; and
       (3) authorize Federal financial and technical assistance to 
     serve the purposes stated in paragraphs (1) and (2).

     SEC. 5. LOWER EASTERN SHORE AMERICAN HERITAGE AREA.

       (a) Establishment.--The Secretary shall establish a Lower 
     Eastern Shore American Heritage Area.
       (b) Initial Geographic Scope.--
       (1) In general.--Except as otherwise provided in this 
     subsection, the Heritage Area shall consist of the Maryland 
     counties of Somerset, Wicomico, and Worcester.
       (2) Local agreement to participate.--The government of each 
     county listed under paragraph (1) and each municipality in a 
     county listed under paragraph (1) shall become a 
     participating partner by entering into the compact under 
     section 6.
       (3) Additional partners.--The Secretary may include a 
     county or municipality other than those listed in paragraph 
     (1) to be part of the Heritage Area if the county becomes a 
     participating partner by entering into the compact under 
     section 6.
       (4) Coordination.--The Secretary may coordinate with or 
     allow participation by any county, city, town, or village in 
     the Lower Eastern Shore.

     SEC. 6. COMPACT.

       (a) In General.--To carry out the purposes of this Act, the 
     Secretary shall enter into a compact with the State of 
     Maryland, the coordinating entity, and any county eligible to 
     be a participating partner under section 5.
       (b) Information.--The compact shall include information 
     relating to the objectives and management of Heritage Area 
     programs, including--
       (1) a discussion of the goals and objectives of Heritage 
     Area programs, including an explanation of a proposed 
     approach to conservation and interpretation and a general 
     outline of the measures committed to by the parties to the 
     compact;
       (2) a description of the respective roles of the 
     participating partners;
       (3) a list of the initial partners to be involved in 
     developing and implementing a management plan for the 
     Heritage Area and a statement of the financial commitment of 
     the partners; and
       (4) a description of the role of the State of Maryland.

     SEC. 7. MANAGEMENT PLAN.

       (a) In General.--The coordinating entity and the 
     participating partners shall develop a management plan for 
     the Heritage Area that presents comprehensive recommendations 
     for conservation, program funding, management, and 
     development.
       (b) Plan Requirements.--The management plan shall--
       (1) be consistent with State and local plans in existence 
     prior to development of the management plan;
       (2) involve residents, public agencies, universities, and 
     private organizations working in the Heritage Area;
       (3) specify the existing and potential sources of funding 
     to protect, manage, and develop the Heritage Area; and
       (3) include--
       (A) a description of actions to be undertaken by units of 
     government and private organizations;
       (B) an inventory of the resources contained in the Heritage 
     Area, including a list of any property in the Heritage Area 
     that is related to the themes of the Heritage Area and that 
     should be preserved, restored, managed, developed, or 
     maintained because of the property's natural, cultural, 
     historical, recreational, or scenic significance;
       (C) a recommendation of policies for resource management 
     that considers and details application of appropriate land 
     and water management techniques, including the development of 
     intergovernmental cooperative agreements to protect the 
     Heritage Area's historical, cultural, recreational, and 
     natural resources in a manner that is consistent with 
     supporting appropriate and compatible economic viability;
       (D) a program for implementation of the management plan, 
     including plans for restoration and construction, and 
     specific commitments of the participating partners for the 
     first 5 years of operation;
       (E) an analysis of ways in which Federal, State, and local 
     programs may best be coordinated to promote the purposes of 
     this Act; and
     
[[Page S1460]]

       (F) an interpretation plan for the Heritage Area.
       (c) Time Limit for Submission of a Management Plan.--If the 
     Secretary has not approved a management plan by the date that 
     is 2 years after the date of enactment of this Act, the 
     Heritage Area shall be ineligible for Federal funding until a 
     management plan is approved.

     SEC. 8. THE COORDINATING ENTITY AND PARTICIPATING PARTNERS.

       (a) Duties of the Coordinating Entity and Participating 
     Partners.--The coordinating entity and participating partners 
     shall--
       (1) develop and submit to the Secretary for approval a 
     management plan pursuant to section 7 not later than the date 
     that is 2 years after the date of enactment of this Act;
       (2) give priority to implementing actions set forth in the 
     compact and the management plan, including taking steps to--
       (A) assist units of government, regional planning 
     organizations, and nonprofit organizations in--
       (i) preserving the Heritage Area;
       (ii) establishing and maintaining interpretive exhibits in 
     the Heritage Area;
       (iii) developing recreational resources in the Heritage 
     Area;
       (iv) increasing public awareness of and appreciation for 
     the natural, historical, and architectural resources and 
     sites in the Heritage Area; and
       (v) restoring any historic building relating to the themes 
     of the Heritage Area;
       (B) encourage by appropriate means economic vitality in the 
     area consistent with the management plan for the Heritage 
     Area;
       (C) encourage local governments to adopt policies 
     consistent with the management of the Heritage Area and the 
     goals of the plan; and
       (D) assist units of government, regional planning 
     organizations, businesses, and nonprofit organizations to 
     ensure that clear, consistent, and environmentally 
     appropriate signs identifying access points and sites of 
     interest are put in place throughout the Heritage Area;
       (3) consider the interests of diverse governmental, 
     business, and nonprofit groups within the Heritage Area;
       (4) conduct public meetings not less frequently than 
     quarterly regarding the implementation of the management 
     plan;
       (5) submit substantial changes (including any increase of 
     more than 20 percent in the cost estimates for 
     implementation) to the management plan to the Secretary for 
     approval;
       (6) for any year in which Federal funds have been received 
     under this Act, submit an annual report to the Secretary 
     setting forth the accomplishments and expenses and income of 
     the coordinating entity and the participating partners and 
     the entity to which any loans and grants were made during the 
     year for which the report is made; and
       (7) for any year in which Federal funds have been received 
     under this Act, make available for audit all records 
     pertaining to the expenditure of the Federal funds and any 
     matching funds and require, for all agreements authorizing 
     expenditure of Federal funds by other organizations, that the 
     receiving organizations make available for audit all records 
     pertaining to the expenditure of the funds.
       (b) Federal Funding.--
       (1) Operations.--The Federal contribution to the operations 
     of the coordinating entity and participating partners shall 
     not exceed 50 percent of the annual operating cost of the 
     entity and partners associated with carrying out this Act.
       (2) Implementation.--A grant to the coordinating entity or 
     a participating partner for implementation of this Act may 
     not exceed 75 percent of the cost of the entity and partners 
     for implementing this Act.
       (c) Prohibition of Acquisition of Real Property.--The 
     coordinating entity may not use Federal funds received under 
     this Act to acquire real property or an interest in real 
     property.
       (d) Eligibility To Receive Financial Assistance.--
       (1) Eligibility.--Except as provided in paragraph (2), the 
     coordinating entity shall be eligible to receive funds to 
     carry out this Act for a period of 10 years after the date on 
     which the compact under section 6 is signed by the Secretary 
     and the coordinating entity.
       (2) Exception.--The coordinating entity may receive funding 
     under this Act for a period of not more than 5 additional 
     years, if--
       (A) the coordinating entity determines that the extension 
     is necessary in order to carry out the purposes of this Act 
     and the coordinating entity notifies the Secretary of the 
     determination not later than 180 days prior to the 
     termination date;
       (B) not later than 180 days prior to the termination date, 
     the coordinating entity presents to the Secretary a plan of 
     activities for the period of the extension, including a plan 
     for becoming independent of the funds made available through 
     this Act; and
       (C) the Secretary, in consultation with the Governor of 
     Maryland, approves the extension of funding.
       (e) Other Federal Funds.--Nothing in this Act shall affect 
     the use of Federal funds received by the coordinating entity 
     or a participating partner under any other Act.

     SEC. 9. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES.

       (a) Duties and Authorities of the Secretary.--
       (1) Grants to the coordinating entity and participating 
     partners.--The Secretary shall make grants available to the 
     coordinating entity and the participating partners to carry 
     out this Act.
       (2) Technical and financial assistance.--
       (A) In general.--On request of the coordinating entity, the 
     Secretary may provide technical and financial assistance to 
     the coordinating entity and participating partners to develop 
     and implement the management plan.
       (B) Priority.--In assisting the coordinating entity and 
     participating partners, the Secretary shall give priority to 
     actions that--
       (i) conserve the significant natural, historic, and 
     cultural resources of the Heritage Area; and
       (ii) provide educational, interpretive, and recreational 
     opportunities consistent with the resources and associated 
     values of the Heritage Area.
       (B) Expenditures for nonfederally owned property.--The 
     Secretary may expend Federal funds on nonfederally owned 
     property to further the purposes of this Act, including 
     assisting units of government in appropriate treatment of 
     districts, sites, buildings, structures, and objects listed 
     or eligible for listing on the National Register of Historic 
     Places.
       (2) Approval and disapproval of compacts and management 
     plans.--
       (A) In general.--The Secretary, in consultation with the 
     Governor of Maryland, shall approve or disapprove a compact 
     or management plan submitted under this Act not later than 90 
     days after receiving the compact or management plan.
       (B) Action following disapproval.--
       (i) In general.--If the Secretary disapproves a compact or 
     management plan, the Secretary shall advise the coordinating 
     entity in writing of the reasons for rejecting the compact or 
     plan and shall make recommendations for revisions in the 
     compact or plan.
       (ii) Approval of revision.--The Secretary shall approve or 
     disapprove a proposed revision not later than 90 days after 
     the date the revision is submitted.
       (3) Approving amendments.--
       (A) In general.--The Secretary shall review substantial 
     amendments to the management plan for the Heritage Area.
       (B) Funds for amendment.--Funds made available under this 
     Act may not be expended to implement a substantial amendment 
     to the management plan until the Secretary approves the 
     amendment.
       (4) Issuing regulations.--The Secretary shall issue such 
     regulations as are necessary to carry out this Act.
       (b) Duties of Federal Entities.--A Federal entity 
     conducting or supporting an activity directly affecting the 
     Heritage Area, and any unit of government acting pursuant to 
     a grant of Federal funds or a Federal permit or agreement 
     conducting or supporting an activity directly affecting the 
     Heritage Area, shall, to the maximum extent practicable--
       (1) consult with the Secretary and the coordinating entity 
     with respect to the activity;
       (2) cooperate with the Secretary and the coordinating 
     entity in carrying out the duties of the Secretary and the 
     coordinating entity under this Act; and
       (3) conduct or support the activity in a manner consistent 
     with the management plan.

     SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as are 
     necessary to carry out this Act.
                                                                    ____


                      Section-by-section analysis


                         section 1. short title

       Establishes the title of the bill, the Lower Eastern Shore 
     Heritage Area Act of 1996.


                         Section 2. definitions

       Defines the terms, ``Coordinating Entity,'' ``Heritage 
     Area,'' ``Participating Partner,'' and ``Secretary.''


                          Section 3. findings

       Identifies historical, cultural, and natural resources of 
     National significance on the Lower Eastern Shore.


                           Section 4. purpose

       States that the purpose of the Act is to: 1.) recognize the 
     importance of the history, culture and living resources of 
     the Lower Eastern Shore to the United States; 2.) assist the 
     State of Maryland and the communities of the Lower Eastern 
     Shore in protecting, restoring, and interpreting the Lower 
     Eastern Shore's resources; and 3.) to authorize Federal 
     financial and technical assistance to serve these purposes.


         section 5. lower eastern shore american heritage plan

       Directs the Secretary of the Interior to designate the 
     Lower Eastern Shore as an American Heritage Area. Establishes 
     a process for the counties and municipalities of Somerset, 
     Worcester, and Wicomico and other surrounding jurisdictions 
     that wish to be included therein to participate in the 
     Heritage Area.


                           section 6. compact

       Directs the Secretary of Interior to enter into a compact 
     with the State of Maryland, the coordinating entity, and any 
     county eligible to participate in the heritage plan and also 
     defines roles, objectives and goals for 

[[Page S1461]]
     management and implementation of the Lower Eastern Shore Heritage Area.


                       section 7. management plan

       Requires, within two years, that the Secretary of the 
     Interior, the coordinating entity and participating partners 
     develop a management plan, that presents comprehensive 
     recommendations for conservation, program funding, 
     management, and development. The plan must be consistent with 
     State and local plans in existence prior to its development 
     and include a description of actions to be taken by units of 
     government and private organizations and an inventory of 
     resources contained within the area.


       section 8. coordinating entity and participating partners

       Defines duties of Coordinating Entity and Participating 
     Partners to include: 1.) coordination with state and local 
     authorities in the development of the management plan; and 
     2.) holding of quarterly public meetings regarding the 
     implementation of the plan. Establishes federal cost shares 
     at 50 percent of the operating costs and 75 percent of the 
     implementation costs.


         section 9. duties and authorities of federal agencies

       Auhtorizes the Department of the Interior to provide 
     technical and grant assistance to the coordinating entity and 
     participating partners to develop and implement the 
     management plan.


              section 10. authorization of appropriations

       Authorizes such sums as are necessary to carry out this 
     Act.
                                 ______