[Congressional Record Volume 150, Number 119 (Tuesday, September 28, 2004)]
[House]
[Pages H7666-H7669]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                  GULLAH/GEECHEE CULTURAL HERITAGE ACT

  Mr. RADANOVICH. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 4683) to enhance the preservation and interpretation of the 
Gullah/Geechee cultural heritage, and for other purposes, as amended.
  The Clerk read as follows:

                               H.R. 4683

       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 ``Gullah/Geechee Cultural 
     Heritage Act''.

     SEC. 2. PURPOSES.

       The purposes of this Act are to--
       (1) recognize the important contributions made to American 
     culture and history by African-Americans known as the Gullah/
     Geechee who settled in the coastal counties of South Carolina 
     and Georgia;
       (2) assist State and local governments and public and 
     private entities in the South Carolina and Georgia in 
     interpreting the story of the Gullah/Geechee and preserving 
     Gullah/Geechee folklore, arts, crafts, and music; and
       (3) assist in identifying and preserving sites, historical 
     data, artifacts, and objects associated with the Gullah/
     Geechee for the benefit and education of the public.

     SEC. 3. DEFINITIONS.

       For the purposes of this Act, the following definitions 
     apply:
       (1) Commission.--The term ``Commission'' means the Gullah/
     Geechee Cultural Heritage Corridor Commission established 
     under this Act.
       (2) Heritage corridor.--The term ``Heritage Corridor'' 
     means the Gullah/Geechee Cultural Heritage Corridor 
     established by this Act.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

[[Page H7667]]

     SEC. 4. GULLAH/GEECHEE CULTURAL HERITAGE CORRIDOR.

       (a) Establishment.--There is established the Gullah/Geechee 
     Cultural Heritage Corridor.
       (b) Boundaries.--
       (1) In general.--The Heritage Corridor shall be comprised 
     of those lands and waters generally depicted on a map 
     entitled ``Gullah/Geechee Cultural Heritage Corridor'' 
     numbered GGCHC/80,000, and dated September 2004. The map 
     shall be on file and available for public inspection in the 
     appropriate offices of the National Park Service and in an 
     appropriate State office in each of the States included in 
     the Heritage Corridor. The Secretary shall publish in the 
     Federal Register, as soon as practicable after the date of 
     enactment of this Act a detailed description and map of the 
     boundaries established under this subsection.
       (2) Revisions.--The boundaries of the heritage corridor may 
     be revised if the revision is--
       (A) proposed in the management plan developed for the 
     Heritage Corridor;
       (B) approved by the Secretary in accordance with this Act; 
     and
       (C) placed on file in accordance with paragraph (1).
       (c) Administration.--The Heritage Corridor shall be 
     administered in accordance with the provisions of this Act.

     SEC. 5. GULLAH/GEECHEE CULTURAL HERITAGE CORRIDOR COMMISSION.

       (a) Establishment.--There is hereby established a 
     commission to be known as ``Gullah/Geechee Cultural Heritage 
     Corridor Commission'' whose purpose shall be to assist 
     Federal, State, and local authorities in the development and 
     implementation of a management plan for those land and waters 
     specified in section 4.
       (b) Membership.--The Commission shall be composed of 9 
     members appointed by the Secretary as follows:
       (1) 4 individuals nominated by the State Historic 
     Preservation Officer of South Carolina and 2 individuals 
     nominated by the State Historic Preservation Officer of 
     Georgia and appointed by the Secretary.
       (2) 2 individuals from South Carolina and 1 individual from 
     Georgia who are recognized experts in historic preservation, 
     anthropology, and folklore, appointed by the Secretary.
       (c) Terms.--Members of the Commission shall be appointed to 
     terms not to exceed 3 years. The Secretary may stagger the 
     terms of the initial appointments to the Commission in order 
     to assure continuity of operation. Any member of the 
     Commission may serve after the expiration of their term until 
     a successor is appointed. A vacancy shall be filled in the 
     same manner in which the original appointment was made.
       (d) Termination.--The Commission shall terminate 10 years 
     after the date of enactment of this Act.

     SEC. 6. OPERATION OF THE COMMISSION.

       (a) Duties of the Commission.--To further the purposes of 
     the Heritage Corridor, the Commission shall--
       (1) prepare and submit a management plan to the Secretary 
     in accordance with section 7;
       (2) assist units of local government and other persons in 
     implementing the Approved management plan by--
       (A) carry out programs and projects that recognize, 
     protect, and enhance important resource values within the 
     Heritage Corridor;
       (B) establishing and maintaining interpretive exhibits and 
     programs within the Heritage Corridor;
       (C) developing recreational and educational opportunities 
     in the Heritage Corridor;
       (D) increasing public awareness of and appreciation for the 
     historical, cultural, natural, and scenic resources of the 
     Heritage Corridor;
       (E) protecting and restoring historic sites and buildings 
     in the Heritage Corridor that are consistent with heritage 
     corridor themes;
       (F) ensuring that clear, consistent, and appropriate signs 
     identifying points of public access and sites of interest are 
     posted throughout the Heritage Corridor; and
       (G) promoting a wide range of partnerships among 
     governments, organizations, and individuals to further the 
     purposes of the Heritage Corridor;
       (3) consider the interests of diverse units of government, 
     business, organizations, and individuals in the Heritage 
     Corridor in the preparation and implementation of the 
     management plan;
       (4) conduct meetings open to the public at least quarterly 
     regarding the development and implementation of the 
     management plan;
       (5) submit an annual report to the Secretary for any fiscal 
     year in which the Commission receives Federal funds under 
     this Act, setting forth its accomplishments, expenses, and 
     income, including grants made to any other entities during 
     the year for which the report is made;
       (6) make available for audit for any fiscal year in which 
     it receives Federal funds under this Act, all information 
     pertaining to the expenditure of such funds and any matching 
     funds, and require all agreements authorizing expenditures of 
     Federal funds by other organizations, that the receiving 
     organization make available for audit all records and other 
     information pertaining to the expenditure of such funds; and
       (7) encourage by appropriate means economic viability that 
     is consistent with the purposes of the Heritage Corridor.
       (b) Authorities.--The Commission may, for the purposes of 
     preparing and implementing the management plan, use funds 
     made available under this Act to--
       (1) make grants to, and enter into cooperative agreements 
     with the States of South Carolina and Georgia, political 
     subdivisions of those States, a nonprofit organization, or 
     any person;
       (2) hire and compensate staff;
       (3) obtain funds from any source including any that are 
     provided under any other Federal law or program; and
       (4) contract for goods and services.

     SEC. 7. MANAGEMENT PLAN.

       (a) In General.--The management plan for the Heritage 
     Corridor shall--
       (1) include comprehensive policies, strategies, and 
     recommendations for conservation, funding, management, and 
     development of the Heritage Corridor;
       (2) take into consideration existing State, county, and 
     local plans in the development of the management plan and its 
     implementation;
       (3) include a description of actions that governments, 
     private organizations, and individuals have agreed to take to 
     protect the historical, cultural, and natural resources of 
     the Heritage Corridor;
       (4) specify the existing and potential sources of funding 
     to protect, manage, and develop the Heritage Corridor in the 
     first 5 years of implementation;
       (5) include an inventory of the historical, cultural, 
     natural, resources of the Heritage Corridor related to the 
     themes of the Heritage Corridor that should be preserved, 
     restored, managed, developed, or maintained;
       (6) 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 Heritage Corridor's 
     historical, cultural, and natural resources;
       (7) describe a program for implementation of the management 
     plan including plans for resources protection, restoration, 
     construction, and specific commitments for implementation 
     that have been made by the Commission or any government, 
     organization, or individual for the first 5 years of 
     implementation;
       (8) include an analysis and recommendations for the ways in 
     which Federal, State, or local programs may best be 
     coordinated to further the purposes of this Act; and
       (9) include an interpretive plan for the Heritage Corridor.
       (b) Submittal of Management Plan.--The Commission shall 
     submit the management plan to the Secretary for approval not 
     later than 3 years after funds are made available for this 
     Act.
       (c) Failure To Submit.--If the Commission fails to submit 
     the management plan to the Secretary in accordance with 
     subsection (b), the Heritage Corridor shall not qualify for 
     Federal funding until the management plan is submitted.
       (d) Approval or Disapproval of Management Plan.--
       (1) In general.--The Secretary shall approve or disapprove 
     the management plan not later than 90 days after receiving 
     the management plan.
       (2) Criteria.--In determining whether to approve the 
     management plan, the Secretary shall consider whether--
       (A) the Commission has afforded adequate opportunity, 
     including public hearings, for public and governmental 
     involvement in the preparation of the management plan;
       (B) the resource preservation and interpretation strategies 
     contained in the management plan would adequately protect the 
     cultural and historic resources of the Heritage Corridor; and
       (C) the Secretary has received adequate assurances from 
     appropriate State and local officials whose support is needed 
     to ensure the effective implementation of the State and local 
     aspects of the plan.
       (3) Action following disapproval.--If the Secretary 
     disapproves the management plan, the Secretary shall advise 
     the Commission in writing of the reasons therefore and shall 
     make recommendations for revisions to the management plan. 
     The Secretary shall approve or disapprove a proposed revision 
     not later than 60 days after the date it is submitted.
       (4) Approval of amendments.--Substantial amendments to the 
     management plan shall be reviewed and approved by the 
     Secretary in the same manner as provided in the original 
     management plan. The Commission shall not use Federal funds 
     authorized by this Act to implement any amendments until the 
     Secretary has approved the amendments.

     SEC. 8. TECHNICAL AND FINANCIAL ASSISTANCE.

       (a) In General.--Upon a request of the Commission, the 
     Secretary may provide technical and financial assistance for 
     the development and implementation of the management plan.
       (b) Priority for Assistance.--In providing assistance under 
     subsection (a), the Secretary shall give priority to actions 
     that assist in--
       (1) conserving the significant cultural, historical, and 
     natural resources of the Heritage Corridor; and
       (2) providing educational and interpretive opportunities 
     consistent with the purposes of the Heritage Corridor.

[[Page H7668]]

       (c) Spending for Non-Federal Property.--
       (1) In general.--The Commission may expend Federal funds 
     made available under this Act on nonfederally owned property 
     that is--
       (A) identified in the management plan; or
       (B) listed or eligible for listing on the National Register 
     for Historic Places.
       (2) Agreements.--Any payment of Federal funds made pursuant 
     to this Act shall be subject to an agreement that conversion, 
     use, or disposal of a project so assisted for purposes 
     contrary to the purposes of this Act, as determined by the 
     Secretary, shall result in a right of the United States to 
     compensation of all funds made available to that project or 
     the proportion of the increased value of the project 
     attributable to such funds as determined at the time of such 
     conversion, use, or disposal, whichever is greater.

     SEC. 9. DUTIES OF OTHER FEDERAL AGENCIES.

       Any Federal agency conducting or supporting activities 
     directly affecting the Heritage Corridor shall--
       (1) consult with the Secretary and the Commission with 
     respect to such activities;
       (2) cooperate with the Secretary and the Commission in 
     carrying out their duties under this Act and, to the maximum 
     extent practicable, coordinate such activities with the 
     carrying out of such duties; and
       (3) to the maximum extent practicable, conduct or support 
     such activities in a manner in which the Commission 
     determines will not have an adverse effect on the Heritage 
     Corridor.

     SEC. 10. COASTAL HERITAGE CENTERS.

       In furtherance of the purposes of this Act and using the 
     authorities made available under this Act, the Commission 
     shall establish one or more Coastal Heritage Centers at 
     appropriate locations within the Heritage Corridor in 
     accordance with the preferred alternative identified in the 
     Record of Decision for the Low Country Gullah Culture Special 
     Resource Study and Environmental Impact Study, December 2003.

     SEC. 11. PRIVATE PROPERTY PROTECTION.

       (a) Access to Private Property.--Nothing in this Act shall 
     be construed to require any private property owner to permit 
     public access (including Federal, State, or local government 
     access) to such private property. Nothing in this Act shall 
     be construed to modify any provision of Federal, State, or 
     local law with regard to public access to or use of private 
     lands.
       (b) Liability.--Designation of the Heritage Corridor shall 
     not be considered to create any liability, or to have any 
     effect on any liability under any other law, of any private 
     property owner with respect to any persons injured on such 
     private property.
       (c) Recognition of Authority to Control Land Use.--Nothing 
     in this Act shall be construed to modify any authority of 
     Federal, State, or local governments to regulate land use.
       (d) Participation of Private Property Owners in Heritage 
     Corridor.--Nothing in this Act shall be construed to require 
     the owner of any private property located within the 
     boundaries of the Heritage Corridor to participate in or be 
     associated with the Heritage Corridor.
       (e) Effect of Establishment.--The boundaries designated for 
     the Heritage Corridor represent the area within which Federal 
     funds appropriated for the purpose of this Act shall be 
     expended. The establishment of the Heritage Corridor and its 
     boundaries shall not be construed to provide any nonexisting 
     regulatory authority on land use within the Heritage Corridor 
     or its viewshed by the Secretary or the management entity.
       (f) Notification and Consent of Property Owners Required.--
     No privately owned property shall be preserved, conserved, or 
     promoted by the management plan for the Heritage Corridor 
     until the owner of that private property has been notified in 
     writing by the management entity and has given written 
     consent for such preservation, conservation, or promotion to 
     the management entity.
       (g) Landowner Withdrawal.--Any owner of private property 
     included within the boundary of the Heritage Corridor shall 
     have their property immediately removed from within the 
     boundary by submitting a written request to the management 
     entity.

     SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There is authorized to be appropriated for 
     the purposes of this Act not more than $1,000,000 for any 
     fiscal year. Not more than a total of $10,000,000 may be 
     appropriated for the Heritage Corridor under this Act.
       (b) Cost Share.--Federal funding provided under this Act 
     may not exceed 50 percent of the total cost of any activity 
     for which assistance is provided under this Act.
       (c) In-Kind Contributions.--The Secretary may accept in-
     kind contributions as part of the non-Federal cost share of 
     any activity for which assistance is provided under this Act.

     SEC. 13. TERMINATION OF AUTHORITY.

       The authority of the Secretary to provide assistance under 
     this Act shall terminate on the day occurring 15 years after 
     the date of the enactment of this Act.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
California (Mr. Radanovich) and the gentlewoman from Guam (Ms. 
Bordallo) each will control 20 minutes.
  The Chair recognizes the gentleman from California (Mr. Radanovich).
  Mr. RADANOVICH. Mr. Speaker, I yield myself such time as I may 
consume.
  H.R. 4683, introduced by the gentleman from South Carolina (Mr. 
Clyburn), and as amended by the Committee on Resources, would establish 
the Gullah/Geechee Cultural Heritage Corridor comprised of lands and 
waters important to preserving this unique culture in parts of South 
Carolina and Georgia.
  By way of background, throughout the early 1800s, the Gullah/Geechee 
settled in the coastal counties of South Carolina, Georgia, and 
northern Florida and, due largely to their isolated location, have 
remarkably maintained a great deal of their West African heritage.
  This bill would assist State and local governments with preserving 
and interpreting the story of the Gullah/Geechee culture and its 
wonderful folklore, arts, crafts and music.
  I urge adoption of the bill.
  Mr. Speaker, I reserve the balance of my time.
  Ms. BORDALLO. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I would like to commend the sponsor of this bill, the 
gentleman from South Carolina (Mr. Clyburn) for bringing forth this 
most important measure.
  Mr. Speaker, I yield such time as he may consume to the gentleman 
from South Carolina (Mr. Clyburn).
  Mr. CLYBURN. Mr. Speaker, I thank the gentlewoman for yielding me the 
time.
  Mr. Speaker, I rise today in strong support of H.R. 4683, the Gullah/
Geechee Cultural Heritage Act, a bill that would create a Gullah/
Geechee National Heritage Corridor and one or more coastal heritage 
centers along the coasts of Georgia and South Carolina.
  When I introduced this bill in June, I hoped, but did not believe, we 
would see this important legislation on the floor so quickly. I wish to 
thank the gentleman from California (Chairman Pombo) and the gentleman 
from West Virginia (Ranking Member Rahall) and the gentleman from 
California (Chairman Radanovich) and the gentlewoman from the Virgin 
Islands (Ranking Member Christensen) for their sensitive and prompt 
treatment of this legislation. I would also like to thank my good 
friend the gentleman from South Carolina (Mr. Brown) for his 
cosponsorship and the gentleman from Georgia (Mr. Kingston) for his 
strong support of this legislation.
  Gullah/Geechee people are descendants of enslaved Africans who were 
forced to labor on plantations along the coasts of North and South 
Carolina, Georgia, and Florida. They have a rich and distinctive 
cultural heritage, a culture born of African roots, yet nurtured and 
developed in the southeastern United States.
  Gullah/Geechee people are a proud and independent people who do not 
want their culture relegated to a museum or a history book. Instead, 
they want to keep their culture and language alive, to tell their 
stories in their own words, and share their heritage and experiences 
with the world. H.R. 4683 would help them to do so.
  For the past 4 years, the National Park Service and partnering 
agencies, Gullah/Geechee communities, and grassroots organizations have 
worked diligently to create a plan for the protection, preservation, 
and interpretation of the Gullah/Geechee language and culture. This 
bill reflects the findings of a 3-year study and input of Gullah/
Geechee citizens.
  I believe wholeheartedly that this bill would help to lay the 
groundwork for keeping the culture alive and providing a means not just 
for the preservation, protection, and reinvigoration of Gullah/Geechee 
communities and cultural landscapes, but for making those unique 
experiences an integral part of the future social and economic 
activities in the southeastern United States. The coastal heritage 
centers described in the bill will provide places where all Americans 
can learn of the many contributions Gullah/Geechee ancestors made to 
American heritage.
  Mr. Speaker, I urge support for the passage of this bill, and once 
again, thank my colleagues for making this day possible.
  Ms. BORDALLO. Mr. Speaker, again I would like to commend the sponsor 
of

[[Page H7669]]

this bill, the gentleman from South Carolina.
  Mr. Speaker, I have no further speakers, and I yield back the balance 
of my time.
  Mr. RADANOVICH. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from California (Mr. Radanovich) that the House suspend the 
rules and pass the bill, H.R. 4683, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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