[Congressional Record Volume 159, Number 16 (Monday, February 4, 2013)]
[Senate]
[Pages S473-S476]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. FEINSTEIN (for herself and Mrs. Boxer):
  S. 228. A bill to establish the Sacramento-San Joaquin Delta National 
Heritage Area; to the Committee on Energy and Natural Resources.
  Mrs. FEINSTEIN. Mr. President, I rise on behalf of myself and Senator 
Boxer to introduce legislation to establish a National Heritage Area in 
the California Sacramento-San Joaquin Delta. This legislation will 
create the first Heritage Area in California.
  This bill was first introduced in January 2011 during the 112th 
Congress and received a hearing in the Senate Committee on Energy and 
Natural Resources Subcommittee on National Parks. Since then, the Delta 
Protection Commission has completed a feasibility study, as required, 
and endorsed the legislation. Additionally, the National Park Service 
has confirmed that the study is consistent with the agency's interim 
National Heritage Area Feasibility Study Guidelines.
  I was pleased to have had the opportunity to work with Senator Boxer,

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Representative John Garamendi, and the County Supervisors from the five 
Delta Counties to develop this legislation and look forward to 
continuing to partner with them as well as local, State and Federal 
agencies to care for and improve the Delta.
  This bill will establish the Sacramento-San Joaquin Delta as a 
National Heritage Area.
  The Delta Protection Commission, created by California law and 
responsible to the citizens of the Delta and California, will manage 
the Heritage Area. It will ensure an open and public process, working 
with all levels of Federal, State, and local government, tribes, local 
stakeholders, and private property owners as it develops and implements 
the management plan for the Heritage Area. The goal is to conserve and 
protect the Delta, its communities, its resources, and its history.
  It is also important to understand what this legislation will not do.
  It will not affect water rights.
  It will not affect water contracts.
  It will not affect private property.
  Nothing in this bill gives any governmental agency any more 
regulatory power than it already has, nor does it take away regulatory 
from agencies that have it.
  In short, this bill does not affect water rights or water contracts, 
nor does it impose any additional responsibilities on local government 
or residents. Instead, it authorizes Federal assistance to a local 
process already required by State law that will elevate the Delta, 
providing a means to conserve and protect its valued communities, 
resources, and history.

  The Sacramento-San Joaquin Delta is the largest estuary on the West 
Coast. It is the most extensive inland delta in the world, and a unique 
national treasure.
  Today, it is a labyrinth of sloughs, wetlands, and deepwater channels 
that connect the waters of the high Sierra mountain streams to the 
Pacific Ocean through the San Francisco Bay. Its approximately 60 
islands are protected by 1,100 miles of levees, and are home to 
3,500,000 residents, including 2,500 family farmers. The Delta and its 
farmers produce some of the highest quality specialty crops in the 
United States.
  The Delta offers recreational opportunities to the two million 
Californians who visit the Delta each year for boating, fishing, 
hunting, visiting historic sites, and viewing wildlife. It provides 
habitat for more than 750 species of plants and wildlife. These include 
sand hill cranes that migrate to the Delta wetland from places as far 
away as Siberia. The Delta also provides habitat for 55 species of 
fish, including Chinook salmon--some as large as 60 pounds--that return 
each year to travel through the Delta to spawn in the tributaries.
  These same waterways also channel fresh water to the Federal and 
State-owned pumps in the South Delta that provide water to 23 million 
Californians and three million acres of irrigated agricultural land 
elsewhere in the State.
  Before the Delta was reclaimed for farmland in the 19th Century, the 
Delta flooded regularly with snow melt each spring, and provided the 
rich environment that, by 1492, supported the largest settlement of 
Native Americans in North America.
  The Delta was the gateway to the gold fields in 1849, after which 
Chinese workers built hundreds of miles of levees throughout the 
waterways of the Delta to make its rich peat soils available for 
farming and to control flooding.
  Japanese, Italians, German, Portuguese, Dutch, Greeks, South Asians 
and other immigrants began the farming legacy, and developed 
technologies specifically adapted to the unique environment, including 
the Caterpillar Tractor, which later contributed to agriculture and 
transportation internationally.
  Delta communities created a river culture befitting their dependence 
on water transport, a culture which has attracted the attention of 
authors from Mark Twain and Jack London to Joan Didion.
  The Delta is in crisis due to many factors, including invasive 
species, urban and agricultural run-off, wastewater discharges, 
channelization, dredging, water export operations, and other stressors.
  Many of the islands of the Delta are between 10 and 20 feet below sea 
level, and the levee system is presently inadequate to provide reliable 
flood protection for historic communities, significant habitats, 
agricultural enterprises, water resources, transportation and other 
infrastructure.
  Existing levees have not been engineered to withstand earthquakes. 
Should levees fail for any reason, a rush of seawater into the interior 
of the Delta could damage the already fragile ecosystem, contaminate 
drinking water for many Californians, flood agricultural land, inundate 
towns, and damage roads, power lines, and water project infrastructure.
  The State of California has been working for decades on a resolution 
to the water supply and ecosystem crisis in the State, and has a long 
history of partnerships with Federal agencies, working together to 
resolve challenges to the Delta's historic communities, ecosystem and 
the water it supplies so many Californians.
  The Delta Protection Commission, established under State law, has 
been tasked by the California State Legislature with providing a forum 
for Delta residents to engage in decisions regarding actions to 
recognize and enhance the unique cultural, recreational, agricultural 
resources, infrastructure and legacy communities of the Delta and to 
serve as the facilitating agency for the implementation of a National 
Heritage Area in the Delta.
  This legislation will complement the broadly supported State Water 
Legislation of 2009, which called for a Heritage designation for the 
Delta.
  This legislation authorizes the creation of the Delta Heritage Area 
and Federal assistance to the Delta Protection Commission in 
implementing the Area. This legislation is just a small part of the 
commitment the Federal Government must make to the Delta. I look 
forward to continuing to work with my colleagues at every level of 
government to restore and sustain the ecosystem in the Delta, to 
provide for reliable water supply in the State of California, to 
recover the native species of the Delta, protect communities in the 
Delta from flood risk, ensure economic sustainability in the Delta, 
improve water quality in the Delta, and sustain the unique cultural, 
historical, recreational, agricultural and economic values of the 
Delta.
  The National Heritage Area designation for the Sacramento-San Joaquin 
Delta will help local governments develop and implement a plan for a 
sustainable future by providing Federal recognition, technical 
assistance and small amounts of funding to a community-based process 
already underway.
  Through the Delta Heritage Area, local communities and citizens will 
partner with Federal, State and local governments to collaboratively 
work to promote conservation, community revitalization, and economic 
development projects.
  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. 228

       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 ``Sacramento-San Joaquin Delta 
     National Heritage Area Establishment Act''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Heritage area.--The term ``Heritage Area'' means the 
     Sacramento-San Joaquin Delta Heritage Area established by 
     section 3(a).
       (2) Heritage area management plan.--The term ``Heritage 
     Area management plan'' means the plan developed and adopted 
     by the management entity under this Act.
       (3) Management entity.--The term ``management entity'' 
     means the management entity for the Heritage Area designated 
     by section 3(d).
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (5) State.--The term ``State'' means the State of 
     California.

     SEC. 3. SACRAMENTO-SAN JOAQUIN DELTA HERITAGE AREA.

       (a) Establishment.--There is established the ``Sacramento-
     San Joaquin Delta Heritage Area'' in the State.
       (b) Boundaries.--The boundaries of the Heritage Area shall 
     be in the counties of Contra Costa, Sacramento, San Joaquin, 
     Solano, and Yolo in the State of California, as generally 
     depicted on the map entitled ``Sacramento-San Joaquin Delta 
     National Heritage Area Proposed Boundary'', numbered T27/
     105,030, and dated September 2010.

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       (c) Availability of Map.--The map described in subsection 
     (b) shall be on file and available for public inspection in 
     the appropriate offices of the National Park Service and the 
     Delta Protection Commission.
       (d) Management Entity.--The management entity for the 
     Heritage Area shall be the Delta Protection Commission 
     established by section 29735 of the California Public 
     Resources Code.
       (e) Administration.--
       (1) Authorities.--For purposes of carrying out the Heritage 
     Area management plan, the Secretary, acting through the 
     management entity, may use amounts made available under this 
     Act to--
       (A) make grants to the State or a political subdivision of 
     the State, nonprofit organizations, and other persons;
       (B) enter into cooperative agreements with, or provide 
     technical assistance to, the State or a political subdivision 
     of the State, nonprofit organizations, and other interested 
     parties;
       (C) hire and compensate staff, which shall include 
     individuals with expertise in natural, cultural, and 
     historical resources protection, and heritage programming;
       (D) obtain money or services from any source including any 
     that are provided under any other Federal law or program;
       (E) contract for goods or services; and
       (F) undertake to be a catalyst for any other activity that 
     furthers the Heritage Area and is consistent with the 
     approved Heritage Area management plan.
       (2) Duties.--The management entity shall--
       (A) in accordance with subsection (f), prepare and submit a 
     Heritage Area management plan to the Secretary;
       (B) assist units of local government, regional planning 
     organizations, and nonprofit organizations in carrying out 
     the approved Heritage Area management plan by--
       (i) carrying out programs and projects that recognize, 
     protect, and enhance important resource values in the 
     Heritage Area;
       (ii) establishing and maintaining interpretive exhibits and 
     programs in the Heritage Area;
       (iii) developing recreational and educational opportunities 
     in the Heritage Area;
       (iv) increasing public awareness of, and appreciation for, 
     natural, historical, scenic, and cultural resources of the 
     Heritage Area;
       (v) protecting and restoring historic sites and buildings 
     in the Heritage Area that are consistent with Heritage Area 
     themes;
       (vi) ensuring that clear, consistent, and appropriate signs 
     identifying points of public access, and sites of interest 
     are posted throughout the Heritage Area; and
       (vii) promoting a wide range of partnerships among 
     governments, organizations, and individuals to further the 
     Heritage Area;
       (C) consider the interests of diverse units of government, 
     businesses, organizations, and individuals in the Heritage 
     Area in the preparation and implementation of the Heritage 
     Area management plan;
       (D) conduct meetings open to the public at least 
     semiannually regarding the development and implementation of 
     the Heritage Area management plan;
       (E) for any year that Federal funds have been received 
     under this Act--
       (i) submit an annual report to the Secretary that describes 
     the activities, expenses, and income of the management entity 
     (including grants to any other entities during the year that 
     the report is made);
       (ii) make available to the Secretary for audit all records 
     relating to the expenditure of the funds and any matching 
     funds;
       (iii) require, with respect to all agreements authorizing 
     expenditure of Federal funds by other organizations, that the 
     organizations receiving the funds make available to the 
     Secretary for audit all records concerning the expenditure of 
     the funds; and
       (F) encourage by appropriate means economic viability that 
     is consistent with the Heritage Area.
       (3) Prohibition on the acquisition of real property.--The 
     management entity shall not use Federal funds made available 
     under this Act to acquire real property or any interest in 
     real property.
       (4) Cost-sharing requirement.--The Federal share of the 
     cost of any activity carried out using any assistance made 
     available under this Act shall be 50 percent.
       (f) Heritage Area Management Plan.--
       (1) In general.--Not later than 3 years after the date of 
     enactment of this Act, the management entity shall submit to 
     the Secretary for approval a proposed Heritage Area 
     management plan.
       (2) Requirements.--The Heritage Area management plan 
     shall--
       (A) incorporate an integrated and cooperative approach to 
     agricultural resources and activities, flood protection 
     facilities, and other public infrastructure;
       (B) emphasizes the importance of the resources described in 
     subparagraph (A);
       (C) take into consideration State and local plans;
       (D) include--
       (i) an inventory of--

       (I) the resources located in the core area described in 
     subsection (b); and
       (II) any other property in the core area that--

       (aa) is related to the themes of the Heritage Area; and
       (bb) should be preserved, restored, managed, or maintained 
     because of the significance of the property;
       (ii) comprehensive policies, strategies and recommendations 
     for conservation, funding, management, and development of the 
     Heritage Area;
       (iii) a description of actions that governments, private 
     organizations, and individuals have agreed to take to protect 
     the natural, historical and cultural resources of the 
     Heritage Area;
       (iv) a program of implementation for the Heritage Area 
     management plan by the management entity that includes a 
     description of--

       (I) actions to facilitate ongoing collaboration among 
     partners to promote plans for resource protection, 
     restoration, and construction; and
       (II) specific commitments for implementation that have been 
     made by the management entity or any government, 
     organization, or individual for the first 5 years of 
     operation;

       (v) the identification of sources of funding for carrying 
     out the Heritage Area management plan;
       (vi) analysis and recommendations for means by which local, 
     State, and Federal programs, including the role of the 
     National Park Service in the Heritage Area, may best be 
     coordinated to carry out this Act; and
       (vii) an interpretive plan for the Heritage Area; and
       (E) 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 natural, historical, 
     cultural, educational, scenic, and recreational resources of 
     the Heritage Area.
       (3) Restrictions.--The Heritage Area management plan 
     submitted under this subsection shall--
       (A) ensure participation by appropriate Federal, State, 
     tribal, and local agencies, including the Delta Stewardship 
     Council, special districts, natural and historical resource 
     protection and agricultural organizations, educational 
     institutions, businesses, recreational organizations, 
     community residents, and private property owners; and
       (B) not be approved until the Secretary has received 
     certification from the Delta Protection Commission that the 
     Delta Stewardship Council has reviewed the Heritage Area 
     management plan for consistency with the plan adopted by the 
     Delta Stewardship Council pursuant to State law.
       (4) Deadline.--If a proposed Heritage Area management plan 
     is not submitted to the Secretary by the date that is 3 years 
     after the date of enactment of this Act, the management 
     entity shall be ineligible to receive additional funding 
     under this Act until the date that the Secretary receives and 
     approves the Heritage Area management plan.
       (5) Approval or disapproval of heritage area management 
     plan.--
       (A) In general.--Not later than 180 days after the date of 
     receipt of the Heritage Area management plan under paragraph 
     (1), the Secretary, in consultation with the State, shall 
     approve or disapprove the Heritage Area management plan.
       (B) Criteria for approval.--In determining whether to 
     approve the Heritage Area management plan, the Secretary 
     shall consider whether--
       (i) the management entity is representative of the diverse 
     interests of the Heritage Area, including governments, 
     natural and historic resource protection organizations, 
     educational institutions, businesses, and recreational 
     organizations;
       (ii) the management entity has afforded adequate 
     opportunity, including public hearings, for public and 
     governmental involvement in the preparation of the Heritage 
     Area management plan; and
       (iii) the resource protection and interpretation strategies 
     contained in the Heritage Area management plan, if 
     implemented, would adequately protect the natural, 
     historical, and cultural resources of the Heritage Area.
       (C) Action following disapproval.--If the Secretary 
     disapproves the Heritage Area management plan under 
     subparagraph (A), the Secretary shall--
       (i) advise the management entity in writing of the reasons 
     for the disapproval;
       (ii) make recommendations for revisions to the Heritage 
     Area management plan; and
       (iii) not later than 180 days after the receipt of any 
     proposed revision of the Heritage Area management plan from 
     the management entity, approve or disapprove the proposed 
     revision.
       (D) Amendments.--
       (i) In general.--The Secretary shall approve or disapprove 
     each amendment to the Heritage Area management plan that the 
     Secretary determines make a substantial change to the 
     Heritage Area management plan.
       (ii) Use of funds.--The management entity shall not use 
     Federal funds authorized by this Act to carry out any 
     amendments to the Heritage Area management plan until the 
     Secretary has approved the amendments.
       (g) Relationship to Other Federal Agencies.--
       (1) In general.--Nothing in this Act affects the authority 
     of a Federal agency to provide technical or financial 
     assistance under any other law.
       (2) 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 management entity 
     to the maximum extent practicable.

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       (3) Other federal agencies.--Nothing in this Act--
       (A) modifies, alters, or amends any law or regulation 
     authorizing a Federal agency to manage Federal land under the 
     jurisdiction of the Federal agency;
       (B) limits the discretion of a Federal land manager to 
     implement an approved land use plan within the boundaries of 
     the Heritage Area; or
       (C) modifies, alters, or amends any authorized use of 
     Federal land under the jurisdiction of a Federal agency.
       (h) Private Property and Regulatory Protections.--
       (1) In general.--Subject to paragraph (2), nothing in this 
     Act--
       (A) abridges the rights of any property owner (whether 
     public or private), including the right to refrain from 
     participating in any plan, project, program, or activity 
     conducted within the Heritage Area;
       (B) requires any property owner to permit public access 
     (including access by Federal, State, or local agencies) to 
     the property of the property owner, or to modify public 
     access or use of property of the property owner under any 
     other Federal, State, or local law;
       (C) alters any duly adopted land use regulation, approved 
     land use plan, or other regulatory authority of any Federal, 
     State or local agency, or conveys any land use or other 
     regulatory authority to the management entity;
       (D) authorizes or implies the reservation or appropriation 
     of water or water rights;
       (E) diminishes the authority of the State to manage fish 
     and wildlife, including the regulation of fishing and hunting 
     within the Heritage Area; or
       (F) 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.
       (2) Opt out.--An owner of private property within the 
     Heritage Area may opt out of participating in any plan, 
     project, program, or activity carried out within the Heritage 
     Area under this Act, if the property owner provides written 
     notice to the management entity.
       (i) Evaluation; Report.--
       (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--
       (A) conduct an evaluation of the accomplishments of the 
     Heritage Area; and
       (B) prepare a report in accordance with paragraph (3).
       (2) Evaluation.--An evaluation conducted under paragraph 
     (1)(A) shall--
       (A) assess the progress of the management 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 
     Heritage Area management plan;
       (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.--
       (A) In general.--Based on the evaluation conducted under 
     paragraph (1)(A), the Secretary shall prepare a report that 
     includes 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.
       (j) Effect of Designation.--Nothing in this Act--
       (1) precludes the management entity from using Federal 
     funds made available under other laws for the purposes for 
     which those funds were authorized; or
       (2) affects any water rights or contracts.

     SEC. 4. 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.--The Federal share of the 
     total cost of any activity under this Act shall be determined 
     by the Secretary, but shall be not more than 50 percent.
       (c) Non-Federal Share.--The non-Federal share of the total 
     cost of any activity under this Act may be in the form of in-
     kind contributions of goods or services.

     SEC. 5. TERMINATION OF AUTHORITY.

       (a) In General.--If a proposed Heritage Area management 
     plan has not been submitted to the Secretary by the date that 
     is 5 years after the date of enactment of this Act, the 
     Heritage Area designation shall be rescinded.
       (b) Funding Authority.--The authority of the Secretary to 
     provide assistance under this Act terminates on the date that 
     is 15 years after the date of enactment of this Act.

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