[Congressional Record Volume 155, Number 19 (Friday, January 30, 2009)]
[Senate]
[Pages S1124-S1127]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. INOUYE:
  S. 359. A bill to establish the Hawai'i Capital National Heritage 
Area, and for other purposes; to the Committee on Energy and Natural 
Resources.
  Mr. INOUYE. Mr. President, I rise to introduce a bill that will 
establish the Hawaii Capital National Heritage Area.
  National Heritage Areas allow residents, government agencies, 
nonprofit groups and private partners to collaboratively plan and 
implement programs that recognize and preserve America's defining 
landscapes. Of the 40 National Heritage Areas established, only a few 
are west of the Mississippi River. This will be Hawaii's first official 
Heritage Area.
  I believe that Hawaii's unique cultural make up coupled with its 
historical significance will surely attract both residents and visitors 
to this special place. The proposed area is rich with cultural sites, 
museums, historic buildings, art galleries, performing arts venues, 
ethnic markets, and restaurants that will surely provide the average 
person with an experience of a lifetime.
  This makes Hawaii Capital Cultural district an ideal candidate for a 
Heritage Area designation.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 359

       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 ``Hawai`i Capital National 
     Heritage Area Establishment Act''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Heritage area.--The term ``Heritage Area'' means the 
     Hawai`i Capital National Heritage Area established by section 
     3(a).
       (2) Local coordinating entity.--The term ``local 
     coordinating entity'' means the local coordinating entity for 
     the Heritage Area designated by section 3(d).
       (3) Management plan.--The term ``management plan'' means 
     the management plan for the Heritage Area required under 
     section 5.
       (4) Map.--The term ``map'' means the map entitled ``Hawai`i 
     Capital National Heritage Area Proposed Boundary'', numbered 
     T17/90,000B, and dated January 2009.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (6) State.--The term ``State'' means the State of Hawai`i.

     SEC. 3. HAWAI`I CAPITAL NATIONAL HERITAGE AREA.

       (a) Establishment.--There is established in the State the 
     Hawai`i Capital National Heritage Area.
       (b) Boundaries.--The Heritage Area shall consist of 
     portions of Honolulu and the Honolulu Ahupua`a, as depicted 
     on the map.
       (c) Availability of Map.--The map shall be on file and 
     available for public inspection in the appropriate offices of 
     the National Park Service and the Hawai`i Capital Cultural 
     Coalition.
       (d) Local Coordinating Entity.--The Hawai`i Capital 
     Cultural Coalition shall be the local coordinating entity for 
     the Heritage Area.

     SEC. 4. 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 5;
       (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 in 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, historic, scenic, and cultural resources of the 
     Heritage Area;
       (E) protecting and restoring historic sites and buildings 
     in the Heritage Area that are consistent with the themes of 
     the Heritage Area;
       (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;

[[Page S1126]]

       (4) conduct meetings open to the public at least 
     semiannually regarding the development and implementation of 
     the management plan;
       (5) for any fiscal year for which the local coordinating 
     entity receives Federal funds under this Act--
       (A) submit to the Secretary an annual report that 
     describes, for the fiscal year--
       (i) the accomplishments, expenses, income, amounts, and 
     sources of matching funds;
       (ii) the amounts leveraged with Federal funds and sources 
     of the leveraged funds; and
       (iii) grants made to any other entities;
       (B) make available to the Secretary for audit all 
     information relating to the expenditure of Federal funds and 
     any matching funds for the fiscal year; and
       (C) require, in all agreements authorizing the expenditure 
     of Federal funds by other organizations, that the 
     organizations receiving the Federal funds make available to 
     the Secretary for audit all records and other information 
     relating to the expenditure of the funds; and
       (6) 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 under 
     this Act to--
       (1) make grants to the State or a political subdivision of 
     the State, nonprofit organizations, and other persons;
       (2) enter into cooperative agreements with, or provide 
     technical assistance to, the State or a political subdivision 
     of the State, nonprofit organizations, Federal agencies, and 
     other interested parties;
       (3) hire and compensate staff;
       (4) obtain money or services from any source, including 
     under any other Federal law or program;
       (5) contract for goods or services; and
       (6) support activities of partners and any other activities 
     that--
       (A) further the purposes of the Heritage Area; and
       (B) are consistent with the approved management plan.
       (c) Prohibition on the Acquisition of Real Property.--The 
     local coordinating entity shall not use Federal funds made 
     available under this Act to acquire real property or any 
     interest in real property.

     SEC. 5. MANAGEMENT PLAN.

       (a) In General.--Not later than 3 years after the date on 
     which funds are made available to carry out this Act, the 
     local coordinating entity shall submit to the Secretary for 
     approval a management plan for the Heritage Area.
       (b) Requirements.--The management plan shall--
       (1) describe comprehensive policies, goals, strategies, and 
     recommendations for--
       (A) conveying the heritage of the region; and
       (B) 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 and implementation of the 
     management plan;
       (3) include a description of actions and commitments that 
     governments, private organizations, and individuals have 
     agreed 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, historic, 
     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 natural, historic, 
     cultural, educational, scenic, and recreational resources of 
     the Heritage Area;
       (7) describe a program of implementation for the management 
     plan, including--
       (A) performance goals;
       (B) plans for resource protection, enhancement, and 
     interpretation; and
       (C) specific commitments for implementation of the 
     management plan that have been made by the local coordinating 
     entity or any government, organization, business, or 
     individual;
       (8) include an analysis of, and recommendations for, ways 
     in which Federal, tribal, State, and local programs may best 
     be coordinated to carry out the purposes of this Act, 
     including recommendations for the role of the National Park 
     Service and other Federal agencies associated with the 
     Heritage Area;
       (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--
       (i) the local coordinating entity; and
       (ii) 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.
       (c) Termination of Funding.--If the management plan is not 
     submitted to the Secretary in accordance with this Act, the 
     local coordinating entity shall be ineligible to receive 
     additional funding under this Act until the date on which the 
     Secretary approves the management plan.
       (d) Approval of Management Plan.--
       (1) In general.--Not later than 180 days after the date of 
     receipt of the management plan under subsection (a), the 
     Secretary, in consultation with the Governor of the State and 
     any applicable tribal government, shall approve or disapprove 
     the management plan.
       (2) Criteria for approval.--In determining whether to 
     approve the management plan, the Secretary shall consider 
     whether--
       (A) the local coordinating entity represents the diverse 
     interests of the Heritage Area, including governments, 
     natural and historical 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, historic, and cultural 
     resources of the Heritage Area;
       (D) the management plan would not adversely affect any 
     activities authorized on Federal or tribal land under 
     applicable laws or land use plans;
       (E) the Secretary has received adequate assurances from the 
     appropriate State, tribal, and local officials, the support 
     of which is necessary 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.
       (3) Action following disapproval.--If the Secretary 
     disapproves the management plan under paragraph (1), the 
     Secretary--
       (A) shall advise the local coordinating entity in writing 
     of the reasons for the disapproval;
       (B) may make recommendations to the local coordinating 
     entity for revisions to the management plan; and
       (C) not later than 180 days after the receipt of any 
     proposed revision of the management plan from the local 
     coordinating entity, shall approve or disapprove the proposed 
     revised management plan.
       (4) Amendments.--The Secretary shall approve or disapprove 
     each amendment to the management plan that the Secretary 
     determines would make a substantial change to the management 
     plan in accordance with this subsection.
       (5) Use of funds.--The local coordinating entity shall not 
     use Federal funds authorized by this Act to carry out any 
     amendments to the management plan until the Secretary has 
     approved the amendments.

     SEC. 6. DUTIES AND AUTHORITIES OF THE SECRETARY.

       (a) Technical and Financial Assistance.--
       (1) In general.--On the request of the local coordinating 
     entity, the Secretary may provide to the local coordinating 
     entity technical and financial assistance on a reimbursable 
     or nonreimbursable basis, as determined by the Secretary, to 
     develop and implement the management plan.
       (2) Priority actions.--In providing assistance under this 
     subsection, the Secretary shall give priority to actions that 
     assist in--
       (A) conserving the significant natural, historic, 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 may enter into 
     cooperative agreements with the local coordinating entity and 
     other public or private entities for the purposes of carrying 
     out this subsection.
       (b) Evaluation.--
       (1) In general.--Not later than 3 years before the date on 
     which authority for Federal funding terminates for the 
     Heritage Area under section 10, the Secretary shall--
       (A) conduct an evaluation of the accomplishments of the 
     Heritage Area; and
       (B) prepare a report with recommendations for the future 
     role of the National Park Service, if any, with respect to 
     the Heritage Area.
       (2) Evaluation components.--An evaluation conducted under 
     paragraph (1)(A) shall--
       (A) assess the progress of the local coordinating entity 
     with respect to--
       (i) accomplishing the purposes of this Act 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) Report.--

[[Page S1127]]

       (A) In general.--Based on the evaluation conducted under 
     paragraph (1)(A), the Secretary shall prepare a report with 
     recommendations for the future role of the National Park 
     Service, if any, with respect to the Heritage Area.
       (B) Required analysis.--If the report prepared under 
     subparagraph (A) recommends that Federal funding for the 
     Heritage Area be reauthorized, the report shall include an 
     analysis of--
       (i) ways in which Federal funding for the Heritage Area may 
     be reduced or eliminated; and
       (ii) the appropriate time period necessary to achieve the 
     recommended reduction or elimination.
       (C) Submission to congress.--On completion of the report, 
     the Secretary shall submit the report to--
       (i) the Committee on Energy and Natural Resources of the 
     Senate; and
       (ii) the Committee on Natural Resources of the House of 
     Representatives.

     SEC. 7. RELATIONSHIP TO OTHER FEDERAL AGENCIES.

       (a) In General.--Nothing in this Act affects the authority 
     of a Federal agency to provide technical or financial 
     assistance under any other law.
       (b) Consultation and Coordination.--To the maximum extent 
     practicable, 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.
       (c) Other Federal Agencies.--Nothing in this Act--
       (1) modifies, alters, or amends any laws (including 
     regulations) authorizing a Federal agency to manage Federal 
     land under the jurisdiction of the Federal agency;
       (2) limits the discretion of a Federal land manager to 
     implement an approved land use plan within the boundaries of 
     the Heritage Area; or
       (3) modifies, alters, or amends any authorized use of 
     Federal land under the jurisdiction of a Federal agency.

     SEC. 8. PRIVATE PROPERTY OWNERS AND REGULATORY PROTECTIONS.

       Nothing in this Act--
       (1) abridges the rights of any owner of public or private 
     property, including the right to refrain from participating 
     in any plan, project, program, or activity conducted within 
     the Heritage Area;
       (2) requires any property owner to permit public access 
     (including access by any Federal, tribal, State, or local 
     agency) to the property;
       (3) modifies any provisions of Federal, tribal, State, or 
     local law with regard to public access to, or use of, private 
     land;
       (4) alters any land use regulation, approved land use plan, 
     or other regulatory authority of any Federal, tribal, State, 
     or local agency;
       (5) conveys any land use or other regulatory authority to 
     the local coordinating entity;
       (6) authorizes or implies the reservation or appropriation 
     of water or water rights;
       (7) diminishes the authority of the State to manage fish 
     and wildlife, including the regulation of fishing and hunting 
     within the Heritage Area; or
       (8) creates any liability, or affects any liability under 
     any other law, of any private property owner with respect to 
     any person injured on the private property.

     SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There is authorized to be appropriated to 
     carry out this Act $10,000,000, of which not more than 
     $1,000,000 may be made available for any fiscal year.
       (b) Cost-Sharing Requirement.--
       (1) In general.--The Federal share of the cost of any 
     activity provided assistance or a grant under this Act shall 
     not exceed 50 percent of the total cost of the activity.
       (2) Form of non-federal share.--The non-Federal share--
       (A) shall be from non-Federal sources; and
       (B) may be in the form of in-kind contributions of goods 
     and services fairly valued.

     SEC. 10. TERMINATION OF AUTHORITY.

       The authority of the Secretary to provide financial 
     assistance under this Act terminates on the date that is 15 
     years after the date of enactment of this Act.
                                 ______