[Congressional Record Volume 151, Number 30 (Monday, March 14, 2005)]
[House]
[Pages H1383-H1386]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                  GULLAH/GEECHEE CULTURAL HERITAGE ACT

  Mr. JONES of North Carolina. Mr. Speaker, I move to suspend the rules 
and pass the bill (H.R. 694) 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. 694

       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, Georgia, North Carolina, and Florida;
       (2) assist State and local governments and public and 
     private entities in South Carolina, Georgia, North Carolina, 
     and Florida 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.

     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 the ``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 15 
     members appointed by the Secretary as follows:
       (1) Four individuals nominated by the State Historic 
     Preservation Officer of South Carolina and two individuals 
     each nominated by the State Historic Preservation Officer of 
     each of Georgia, North Carolina, and Florida and appointed by 
     the Secretary.
       (2) Two individuals from South Carolina and one individual 
     from each of Georgia, North Carolina, and Florida 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 the 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) carrying 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;

[[Page H1384]]

       (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, North Carolina, Florida, 
     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 therefor 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.
       (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 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, 
     and additional appropriate sites.

     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.

[[Page H1385]]

       (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 
North Carolina (Mr. Jones) and the gentlewoman from the Virgin Islands 
(Mrs. Christensen) each will control 20 minutes.
  The Chair recognizes the gentleman from North Carolina (Mr. Jones).


                             General Leave

  Mr. JONES of North Carolina. Mr. Speaker, I ask unanimous consent 
that all Members may have 5 legislative days within which to revise and 
extend their remarks and include extraneous material on H.R. 694.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from North Carolina?
  There was no objection.
  Mr. JONES of North Carolina. Mr. Speaker, I yield myself such time as 
I may consume.
  Mr. Speaker, H.R. 694, introduced by the gentleman from South 
Carolina (Mr. Clyburn) and 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 locations 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 Gullah/Geechee culture and its wonderful 
folklore, arts, crafts, and music.
  H.R. 694, as amended, supports legislation that was supported by the 
majority and minority as passed the House of Representatives by voice 
vote during the 108th Congress. The committee amendment simply adds the 
correct map number and date to the bill.
  Mr. Speaker, I urge adoption of the bill.
  Mr. Speaker, I reserve the balance of my time.
  Mrs. CHRISTENSEN. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, the majority has explained the purpose of H.R. 694, but 
it is truly fitting that we are proceeding with this legislation.
  The Gullah/Geechee culture is unique. These proud people trace their 
ancestry to enslaved Africans who were forced to live and work along 
the coastal areas covered by the legislation. Because of the isolation 
of these coastal lands and islands, African Americans in these areas 
developed a distinct language as well as unique arts, crafts, music, 
and religious customs. It is a living culture that continues to evolve 
today and is definitely one that should be preserved and celebrated. I 
have had the opportunity in traveling to Charleston, South Carolina, 
with the distinguished gentleman from South Carolina (Mr. Clyburn), to 
whom I will yield shortly, to sample some of that culture and the food 
as well.

                              {time}  1445

  Mr. Speaker, I want to commend my colleague and friend, the gentleman 
from South Carolina (Mr. Clyburn), for his work on developing this 
important legislative initiative. The gentleman from West Virginia (Mr. 
Rahall), our ranking member on the Committee on Resources, joins me in 
congratulating the gentleman from South Carolina (Mr. Clyburn) for his 
effort, and we strongly support H.R. 694 and urge its passage before 
the House today.
  Mr. Speaker, I yield such time as he might consume to the gentleman 
from South Carolina (Mr. Clyburn), the distinguished vice-chair of the 
Democratic Caucus.
  Mr. CLYBURN. Mr. Speaker, I thank the gentlewoman very much for 
yielding me the time. I want to thank her for her good work on the 
subcommittee on this legislation. I want to thank the majority side for 
their unique understanding of a unique slice of the American culture.
  My colleagues may recall, Mr. Speaker, that we passed this 
legislation last year unanimously. It also passed in the other body, 
but time ran out before we could reconcile the differences that were in 
the two bills.
  I want to point out today, for those people who may be listening, 
that this time around we did move to incorporate all of the aspects of 
the study conducted by the National Park Service. Last year, we only 
recognized South Carolina and Georgia in the legislation. In this 
legislation, however, we have moved to bring Florida and North Carolina 
into the corridor, and that gives it the credibility that a lot of mail 
I got indicated was lacking the last time around.
  I want to just point out that I do not believe there is anyone who 
has ever traveled to Charleston, South Carolina, or to Beaufort County, 
South Carolina, or to the Jacksonville area of North Carolina or the 
Jacksonville area of Florida who have not encountered some unique 
aspects of this culture. One need only walk the streets of Charleston 
and see the art of basket weaving, the sweet grass baskets that are 
made there, all coming out of this culture.
  One of the reasons we thought it necessary to move quickly, as the 
National Park Service urged us to do, was because just that unique 
craft itself is beginning to dissipate, if not disappear, simply 
because of the sweet grass that is needed in order to make those 
baskets is fast disappearing, and we want to do what is necessary to 
preserve and protect that art and the culture that goes along with it.
  I just want to point out, Mr. Speaker, that the communities that are 
identified along this corridor, many of them in years past were 
dependent upon textiles and tobacco as a large part of their economy. 
We all know going forward that that is not going to be a significant 
part of their future, but we also know that tourism is growing at 6 
percent a year. Heritage tourism is growing around 30 percent a year, 
and we do believe that these communities, with the culture that is 
indigenous to the area, will benefit greatly from this legislation and 
bring them into the mainstream of activity of South Carolina's coast, 
Georgia's coast, Florida and North Carolina going forward.
  So I want to thank the Members of this body for the work last year, 
thank the committee for bringing this bill to the floor so quickly this 
year, and I am hopeful that my colleagues will give us a favorable vote 
on it today.
  Ms. JACKSON-LEE of Texas. Mr. Speaker, I rise as a strong supporter 
of H.R. 694, a bill that acknowledges the significant contributions 
made to American culture and history by outstanding African Americans 
known as the Gullah/Geechee. The legislation will assist State and 
local governments and public and private entities in South Carolina, 
Georgia, North Carolina and Florida to institute programs that 
facilitate the interpretation of the story of the Gullah/Geechee and 
preserving their legends, arts, crafts, and music. It will aid in 
identifying and preserving sites, historical data, artifacts, and 
objects associated with the Gullah/Geechee for the benefit and 
education of the public.
  Mr. Speaker, I understand the history of these people. These 
individuals have a tremendously rich history and culture that has roots 
in the transportation of African slaves to the Sea Islands of South 
Carolina, Georgia and Florida. The Sea Islands served as an excellent 
location for the Gullah culture because of its separation from the 
mainland. The slaves who came from various regions in Africa brought 
many gifts such as a distinctive

[[Page H1386]]

language, culture and traditions. Collectively these traditions and 
languages have merged into one to from Gullah. The Gullah culture has 
survived over the years by Gullah elders passing down the language and 
traditions to their children. However, over the past 50 years the 
Gullah culture has started to die. Three significant factors are the 
development of resorts along the Sea Islands, the movement of Gullah 
descendants to larger cities, in search of employment and the education 
of Gullah descendants. The later of the factors has severely damaged 
the Gullah culture. As the Gullah people are becoming educated, they 
are taught that it is no longer acceptable to speak ``broken-English.'' 
However, the Gullah language is more than just ``broken-English.'' It 
is an art form that serves as the link between Africans and African-
Americans today.
  This magnificent bill will pay tribute to these great African 
Americans who settled in our coastal counties. The act will establish 
the Heritage Corridor that consists of lands and waters normally 
illustrated on a map as the Gullah/Geechee Cultural Heritage Corridor; 
the map will be on file and available for public inspection in the 
appropriate offices of the National Park Service and in the correct 
State office of each State listed in the Heritage Corridor.
  This marvelous legislation will create the Gullah/Geechee Cultural 
Heritage Corridor Commission. The commission will help Federal, State, 
and local authorities in the development and implementation of a 
management plan for those areas listed as part of the Heritage 
Corridor.
  Therefore, I ask my colleagues to join me and support these honorable 
African Americans for their contributions to this great country.
  Mrs. CHRISTENSEN. Mr. Speaker, having no further speakers, I yield 
back the balance of my time.
  Mr. JONES of North Carolina. Mr. Speaker, I have no additional 
speakers, and I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Petri). The question is on the motion 
offered by the gentleman from North Carolina (Mr. Jones) that the House 
suspend the rules and pass the bill, H.R. 694, 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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