[Congressional Record Volume 154, Number 20 (Thursday, February 7, 2008)]
[Senate]
[Pages S785-S787]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Ms. MIKULSKI (for herself and Mr. CARDIN):
  S. 2604. A bill to establish the Baltimore National Heritage Area in 
the State of Maryland, and for other purposes, to the Committee on 
Energy and Natural Resources.
  Ms. MIKULSKI. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record as follows:

                                S. 2604

       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 ``Baltimore National Heritage 
     Area Act''.

     SEC. 2. FINDINGS.

       Congress finds the following:
       (1) The City of Baltimore contains 24 National Historic 
     Landmarks, 53,000 buildings listed in 52 National Register 
     Historic Districts, 8,000 buildings in 30 local historic 
     districts, and 12 Chesapeake Bay Gateways, nestled in an 
     unparalleled system of parks and waterways, and connected by 
     5 Maryland Scenic Byways and an All-American Road.
       (2) The Battle of Baltimore represented the definitive end 
     of the American Revolution, secured United States 
     sovereignty, and gave the country 2 enduring symbols: the 
     United States flag and the poem by Francis Scott Key that 
     became our national anthem, ``The Star-Spangled Banner''.
       (3) The proposed Baltimore National Heritage Area will tell 
     2 of the most significant national heritage stories at the 
     locus of black history and the transformative effects of 
     education, which are the following:
       (A) Frederick Douglass, who while as a slave learned to 
     read in Baltimore and credited his time in the city as the 
     foundation for his accomplishments; and
       (B) Thurgood Marshall, whose public school education in 
     Baltimore led directly to his unparalleled contributions to 
     civil rights as an attorney in Baltimore and as a United 
     States Supreme Court Justice.
       (4) Between the early 1800s and the mid 1900s, about 
     2,000,000 immigrants landed in Baltimore, second only to New 
     York, as a major port of entry into the United States.
       (5) In 1811, the Nation's first federally funded interstate 
     transportation route, the National Road, begun its journey 
     from Baltimore to the west.
       (6) Baltimore is the farthest inland east coast port, 
     closest to the Nation's interior. The Chesapeake Bay, the 
     continent's largest estuary, is a magnificent, fertile, 
     natural resource. This special mix gave rise to the largest 
     city in the 6 States of the Chesapeake region, with a 
     cultural landscape unique among world port cities.
       (7) Although Baltimore is a largely urban environment, a 
     number of important natural and recreational resources can be 
     found within the proposed National Heritage Area boundaries. 
     Beginning with the first city park in 1827, Patterson Park, 
     the city's natural and recreational resources enjoy a 
     noteworthy history. Most remarkable is the city's 
     acquisition, beginning in 1860, of 7 large estates that 
     created the base for the current park system, including 
     Leakin Park that is one of the largest urban wilderness parks 
     remaining on the East Coast.
       (8) The Baltimore City Heritage Area is a State heritage 
     area designated by the State of Maryland in 2001.
       (9) The ``Feasibility Study for a Baltimore National 
     Heritage Area'', dated December 2006, found that the proposed 
     area met the National Park Service's interim criteria for 
     national heritage area designation.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Heritage area.--The term ``Heritage Area'' means the 
     Baltimore National Heritage Area, established in section 4.
       (2) Local coordinating entity.--The term ``local 
     coordinating entity'' means the local coordinating entity for 
     the Heritage Area designated by section 4(d).
       (3) Management plan.--The term ``management plan'' means 
     the management plan for the Heritage Area specified in 
     section 6.
       (4) Map.--The term ``map'' means the map titled ``Baltimore 
     National Heritage Area'', numbered T10/80,000, and dated 
     October 2007.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (6) State.--The term ``State'' means the State of Maryland.

     SEC. 4. BALTIMORE NATIONAL HERITAGE AREA.

       (a) Establishment.--There is established the Baltimore 
     National Heritage Area in the State.
       (b) Boundaries.--The Heritage Area shall be comprised of 
     the following, as depicted on the map:
       (1) The area encompassing the Baltimore City Heritage Area 
     certified by the Maryland Heritage Areas Authority in October 
     2001 as part of the Baltimore City Heritage Area Management 
     Action Plan.
       (2) The Mount Auburn Cemetery.
       (3) The Cylburn Arboretum.
       (4) The Middle Branch of the Patapsco River and surrounding 
     shoreline, including--
       (A) the Cruise Maryland Terminal;
       (B) new marina construction;
       (C) the National Aquarium Aquatic Life Center;
       (D) the Westport Redevelopment;
       (E) the Gwynns Falls Trail;
       (F) the Baltimore Rowing Club; and
       (G) the Masonville Cove Environmental Center.
       (c) Availability of Map.--The map shall be on file and 
     available for public inspection in the appropriate offices of 
     the National Park Service, Department of the Interior, and 
     the Baltimore Heritage Area Association.
       (d) Local Coordinating Entity.--The Baltimore Heritage Area 
     Association shall be the local coordinating entity for the 
     Heritage Area.

     SEC. 5. DUTIES AND AUTHORITIES OF THE LOCAL COORDINATING 
                   ENTITY.

       (a) Duties of the Local Coordinating Entity.--To further 
     the purposes of the Heritage Area, the local coordinating 
     entity shall--
       (1) prepare and submit a management plan for the Heritage 
     Area to the Secretary in accordance with section 6;
       (2) assist units of local government, regional planning 
     organizations, and nonprofit organizations in implementing 
     the approved management plan by--
       (A) carrying out programs and projects that recognize, 
     protect, and enhance important resource values within the 
     Heritage Area;
       (B) establishing and maintaining interpretive exhibits and 
     programs within the Heritage Area;
       (C) developing recreational and educational opportunities 
     in the Heritage Area;
       (D) increasing public awareness of and appreciation for 
     natural, historical, scenic, and cultural resources of the 
     Heritage Area;
       (E) protecting and restoring historic sites and buildings 
     in the Heritage Area that are consistent with heritage area 
     themes;
       (F) ensuring that signs identifying points of public access 
     and sites of interest are posted throughout the Heritage 
     Area; and
       (G) promoting a wide range of partnerships among 
     governments, organizations, and individuals to further the 
     purposes of the Heritage Area;
       (3) consider the interests of diverse units of government, 
     businesses, organizations, and individuals in the Heritage 
     Area in the preparation and implementation of the management 
     plan;
       (4) conduct meetings open to the public at least semi-
     annually regarding the development and implementation of the 
     management plan;
       (5) submit an annual report to the Secretary for any fiscal 
     year in which the local coordinating entity receives Federal 
     funds under this Act, setting forth its accomplishments, 
     expenses, and income, amounts and sources of matching funds, 
     amounts leveraged with Federal funds and sources of such 
     leveraging, and 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 in all agreements authorizing expenditures 
     of Federal funds by other organizations, that the receiving 
     organizations make available for such audit all records and 
     other information pertaining to the expenditure of such 
     funds; and
       (7) encourage, by appropriate means, economic development 
     that is consistent with the purposes of the Heritage Area.
       (b) Authorities.--The local coordinating entity may, 
     subject to the prior approval of the Secretary, for the 
     purposes of preparing and implementing the management plan 
     for the Heritage Area, use Federal funds made available 
     through this Act to--
       (1) make grants to the State, its political subdivisions, 
     nonprofit organizations, and other persons;
       (2) enter into cooperative agreements with or provide 
     technical assistance to the State, its subdivisions, 
     nonprofit organizations, Federal agencies, and other 
     interested parties;
       (3) hire and compensate staff;
       (4) obtain money or services from any source including any 
     that are provided under any other Federal law or program;
       (5) contract for goods or services; and
       (6) support activities of partners and any other activities 
     that further the purposes of the Heritage Area and are 
     consistent with the approved management plan.
       (c) Prohibition on the Acquisition of Real Property.--The 
     local coordinating entity may not use Federal funds received 
     under this Act to acquire real property.

     SEC. 6. MANAGEMENT PLAN.

       (a) In General.--The management plan for the Heritage Area 
     shall--
       (1) describe comprehensive policies, goals, strategies, and 
     recommendations for telling

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     the story of the region's heritage and encouraging long-term 
     resource protection, enhancement, interpretation, funding, 
     management, and development of the Heritage Area;
       (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 and commitments that 
     governments, private organizations, and citizens plan to take 
     to protect, enhance, and interpret the natural, historic, 
     scenic, and cultural resources of the Heritage Area;
       (4) specify existing and potential sources of funding or 
     economic development strategies to protect, enhance, 
     interpret, fund, manage, and develop the Heritage Area;
       (5) include an inventory of the natural, historical, 
     cultural, educational, scenic, and recreational resources of 
     the Heritage Area related to the stories and themes of the 
     region that should be protected, enhanced, managed, or 
     developed;
       (6) recommend policies and strategies for resource 
     management including, the development of intergovernmental 
     and interagency agreements to protect the Heritage Area's 
     natural, historical, cultural, educational, scenic, and 
     recreational resources;
       (7) describe a program of implementation for the management 
     plan, including--
       (A) performance goals;
       (B) plans for resource protection, enhancement, 
     interpretation; and
       (C) specific commitments for implementation that have been 
     made by the local coordinating entity or any government, 
     organization, business, or individual;
       (8) include an analysis and recommendations for ways in 
     which local, State, Tribal, and Federal programs may best be 
     coordinated, including the role of the National Park Service 
     and other Federal agencies associated with the Heritage Area, 
     to further the purposes of this Act;
       (9) include an interpretive plan for the Heritage Area; and
       (10) include a business plan that--
       (A) describes the role, operation, financing, and functions 
     of the local coordinating entity and of each of the major 
     activities contained in the management plan; and
       (B) provides adequate assurances that the local 
     coordinating entity has the partnerships and financial and 
     other resources necessary to implement the management plan 
     for the Heritage Area.
       (b) Deadline and Termination of Funding.--
       (1) Deadline.--The local coordinating entity shall submit 
     the management plan to the Secretary for approval not later 
     than 3 years after the date on which any funds are made 
     available for this purpose after designation as a Heritage 
     Area.
       (2) Termination of funding.--If the management plan is not 
     submitted to the Secretary in accordance with this 
     subsection, the local coordinating entity shall not qualify 
     for additional financial assistance under this Act until the 
     management plan is submitted to and approved by the 
     Secretary.

     SEC. 7. DUTIES AND AUTHORITIES OF THE SECRETARY.

       (a) Technical and Financial Assistance.--
       (1) In general.--The Secretary may, upon the request of the 
     local coordinating entity, provide technical and financial 
     assistance on a reimbursable or non-reimbursable basis (as 
     determined by the Secretary) to the Heritage Area to develop 
     and implement the management plan.
       (2) Priority actions.--In assisting the Heritage Area, the 
     Secretary shall give priority to actions that in general 
     assist in--
       (A) conserving the significant natural, historical, 
     cultural, and scenic resources of the Heritage Area; and
       (B) providing educational, interpretive, and recreational 
     opportunities consistent with the purposes of the Heritage 
     Area.
       (3) Cooperative agreements.--The Secretary is authorized to 
     enter into cooperative agreements with the local coordinating 
     entity and other public or private entities to carry out this 
     subsection.
       (b) Approval of Management Plan.--
       (1) Review.--The Secretary shall approve or disapprove the 
     management plan not later than 180 days after receiving the 
     management plan.
       (2) Consultation.--The Secretary shall consult with the 
     Governor of any State and Tribal government in which the 
     Heritage Area is located prior to approving any management 
     plan.
       (3) Criteria for approval.--In determining the approval of 
     the management plan, the Secretary shall consider whether--
       (A) the local coordinating entity will be representative of 
     the diverse interests of the Heritage Area, including 
     governments, natural and historic resource protection 
     organizations, educational institutions, businesses, 
     community residents, and recreational organizations;
       (B) the local coordinating entity has afforded adequate 
     opportunity for public and governmental involvement, 
     including workshops and public meetings, in the preparation 
     of the management plan;
       (C) the resource protection and interpretation strategies 
     contained in the management plan, if implemented, would 
     adequately protect the natural, historical, and cultural 
     resources of the Heritage Area;
       (D) the management plan would not adversely affect any 
     activities authorized on Federal or Tribal lands under 
     applicable laws or pursuant to land use plans;
       (E) the Secretary has received adequate assurances from the 
     appropriate State, Tribal, and local officials whose support 
     is needed to ensure the effective implementation of the 
     State, Tribal, and local aspects of the management plan; and
       (F) the local coordinating entity has demonstrated the 
     financial capability, in partnership with others, to carry 
     out the plan.
       (4) Action following disapproval.--If the Secretary 
     disapproves the management plan, the Secretary shall advise 
     the local coordinating entity in writing of the reasons and 
     may make recommendations for revisions to the management 
     plan. The Secretary shall approve or disapprove a proposed 
     revision not later than 180 days after it is resubmitted.
       (5) Approval of amendments.--Substantial amendments to the 
     management plan shall be reviewed by the Secretary and 
     approved in the same manner as provided for the original 
     management plan. The local coordinating entity may not use 
     Federal funds authorized by this Act to implement any 
     amendments until the Secretary has approved the amendments.
       (c) Evaluation.--
       (1) In general.--Not later than 3 years before the date on 
     which authority for Federal funding terminates for the 
     Heritage Area, the Secretary shall conduct an evaluation of 
     the accomplishments of the Heritage Area and prepare a report 
     with recommendations for the National Park Service's future 
     role, if any, with respect to the Heritage Area.
       (2) Evaluation components.--An evaluation prepared under 
     paragraph (1) shall--
       (A) assess the progress of the local coordinating entity 
     with respect to--
       (i) accomplishing the purposes of the authorizing 
     legislation for the Heritage Area; and
       (ii) achieving the goals and objectives of the approved 
     management plan for the Heritage Area;
       (B) analyze the Federal, State, local, and private 
     investments in the Heritage Area to determine the leverage 
     and impact of the investments; and
       (C) review the management structure, partnership 
     relationships, and funding of the Heritage Area for purposes 
     of identifying the critical components for sustainability of 
     the Heritage Area.
       (3) Recommendations.--Based upon the evaluation under 
     paragraph (1), the Secretary shall prepare a report with 
     recommendations for the National Park Service's future role, 
     if any, with respect to the Heritage Area. If the report 
     recommends that Federal funding for the Heritage Area be 
     reauthorized, the report shall include an analysis of--
       (A) ways in which Federal funding for the Heritage Area may 
     be reduced or eliminated; and
       (B) the appropriate time period necessary to achieve the 
     recommended reduction or elimination.
       (4) Submission to congress.--On completion of a report 
     under paragraph (3), the Secretary shall submit the report 
     to--
       (A) the Committee on Energy and Natural Resources of the 
     Senate; and
       (B) the Committee on Natural Resources of the House of 
     Representatives.

     SEC. 8. RELATIONSHIP TO OTHER FEDERAL AGENCIES.

       (a) In General.--This Act shall not affect the authority of 
     any Federal official to provide technical or financial 
     assistance under any other law.
       (b) Consultation and Coordination.--The head of any Federal 
     agency planning to conduct activities that may have an impact 
     on the Heritage Area is encouraged to consult and coordinate 
     the activities with the Secretary and the local coordinating 
     entity to the extent practicable.
       (c) Other Federal Agencies.--Nothing in this Act--
       (1) modifies, alters, or amends any law or regulation 
     authorizing a Federal agency to manage Federal land under the 
     jurisdiction of the Federal agency;
       (2) limits the discretion of a Federal land manager to 
     implement an approved land use plan within the boundaries of 
     the Heritage Area; or
       (3) modifies, alters, or amends any authorized use of 
     Federal land under the jurisdiction of a Federal agency.

     SEC. 9. PROPERTY OWNERS AND REGULATORY PROTECTIONS.

       Nothing in this Act shall be construed to--
       (1) abridge the rights of any property owner, public or 
     private, including the right to refrain from participating in 
     any plan, project, program, or activity conducted within the 
     Heritage Area;
       (2) require any property owner to permit public access 
     (including Federal, Tribal, State, or local government 
     access) to such property or to modify any provisions of 
     Federal, Tribal, State, or local law with regard to public 
     access or use of private lands;
       (3) alter any duly adopted land use regulations or approved 
     land use plan or any other regulatory authority of any 
     Federal, State, or local agency, or Tribal government or to 
     convey any land use or other regulatory authority to any 
     local coordinating entity;
       (4) authorize or imply the reservation or appropriation of 
     water or water rights;
       (5) diminish the authority of the State to manage fish and 
     wildlife, including the regulation of fishing and hunting 
     within the Heritage Area; or

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       (6) create any liability, or affect any liability under any 
     other law, of any private property owner with respect to any 
     persons injured on such private property.

     SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There is authorized to be appropriated for 
     the purposes of this Act $10,000,000, of which not more than 
     $1,000,000 shall be made available for any fiscal year.
       (b) Matching Funds.--Federal funding provided under this 
     Act may not exceed 50 percent of the total cost of any 
     assistance or grant provided or authorized under this Act. 
     Recipient matching funds--
       (1) must be from non-Federal sources; and
       (2) may be made in the form of in-kind contributions of 
     goods and services fairly valued.

     SEC. 11. SUNSET.

       The authority of the Secretary to provide financial 
     assistance under this Act shall terminate 15 years after the 
     date of enactment of the Act.
                                 ______