[Senate Report 110-371]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 803
110th Congress                                                   Report
                                 SENATE
 2d Session                                                     110-371

======================================================================



 
                  BALTIMORE NATIONAL HERITAGE AREA ACT

                                _______
                                

                 June 16, 2008.--Ordered to be printed

                                _______
                                

   Mr. Bingaman, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 2604]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 2604) to establish the Baltimore National 
Heritage Area in the State of Maryland, and for other purposes, 
having considered the same, reports favorably thereon with an 
amendment and recommends that the bill, as amended, do pass.
    The amendment is as follows:
    Strike out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Baltimore National Heritage Area 
Act''.

SEC. 2. DEFINITIONS.

  In this Act:
          (1) Heritage area.--The term ``Heritage Area'' means the 
        Baltimore 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 
        4(a)(1).
          (4) Map.--The term ``map'' means the map entitled ``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. 3. 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 areas, as described 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 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. 4. DUTIES AND AUTHORITIES OF 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 to the Secretary, in accordance with 
        section 5, a management plan for the Heritage Area;
          (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, 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;
          (4) conduct meetings open to the public at least semiannually 
        regarding the development and implementation of the management 
        plan;
          (5) submit an annual report to the Secretary for each fiscal 
        year for which the local coordinating entity receives Federal 
        funds under this Act specifying--
                  (A) the accomplishments of the local coordinating 
                entity;
                  (B) the expenses and income of the local coordinating 
                entity;
                  (C) the amounts and sources of matching funds;
                  (D) the amounts leveraged with Federal funds and 
                sources of the leveraged funds; and
                  (E) grants made to any other entities during the 
                fiscal year;
          (6) make available for audit for each fiscal year for which 
        the local coordinating entity receives Federal funds under this 
        Act, all information pertaining to the expenditure of the funds 
        and any matching funds;
          (7) require in all agreements authorizing expenditures of 
        Federal funds by other organizations, that the receiving 
        organizations make available for audit all records and other 
        information pertaining to the expenditure of the funds; and
          (8) 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, use Federal funds made available 
under this Act to--
          (1) make grants to the State, political subdivisions of the 
        State, nonprofit organizations, and other persons;
          (2) enter into cooperative agreements with, or provide 
        technical assistance to, the State, political subdivisions of 
        the State, nonprofit organizations, Federal agencies, and other 
        interested parties;
          (3) hire and compensate staff;
          (4) obtain funds or services from any source, including funds 
        and services 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 Acquisition of Real Property.--The local 
coordinating entity may not use Federal funds received under this Act 
to acquire 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 develop the management plan, the local 
coordinating entity shall submit to the Secretary for approval a 
proposed management plan for the Heritage Area.
  (b) Requirements.--The management plan for the Heritage Area shall--
          (1) describe comprehensive policies, goals, strategies, and 
        recommendations for telling the story of the heritage of the 
        region 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 and implementation of the management 
        plan;
          (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, historic, cultural, 
        educational, scenic, and recreational resources of the Heritage 
        Area relating 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 for implementation of the management 
        plan, including--
                  (A) performance goals;
                  (B) plans for resource protection, enhancement, and 
                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 of, and recommendations for, ways in 
        which Federal, State, tribal, and local 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 described 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 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.
  (d) Approval of Management Plan.--
          (1) Review.--Not later than 180 days after the date on which 
        the Secretary receives the management plan, the Secretary shall 
        approve or disapprove the management plan.
          (2) Consultation required.--The Secretary shall consult with 
        the Governor of the State and any tribal government in which 
        the Heritage Area is located before approving the management 
        plan.
          (3) 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 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 through workshops and public 
                meetings) in the preparation of the management plan;
                  (C) the resource protection and interpretation 
                strategies described 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 
                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 management plan.
          (4) Action following disapproval.--
                  (A) In general.--If the Secretary disapproves the 
                management plan, the Secretary--
                          (i) shall advise the local coordinating 
                        entity in writing of the reasons for the 
                        disapproval; and
                          (ii) may make recommendations to the local 
                        coordinating entity for revisions to the 
                        management plan.
                  (B) Deadline.--Not later than 180 days after 
                receiving a revised management plan, the Secretary 
                shall approve or disapprove the revised management 
                plan.
          (5) Amendments.--
                  (A) In general.--An amendment to the management plan 
                that substantially alters the purposes of the Heritage 
                Area shall be reviewed by the Secretary and approved or 
                disapproved in the same manner as the original 
                management plan.
                  (B) Implementation.--The local coordinating entity 
                shall not use Federal funds authorized to be 
                appropriated by this Act to implement an amendment to 
                the management plan until the Secretary approves the 
                amendment.

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 technical and financial 
        assistance, on a reimbursable or nonreimbursable basis (as 
        determined by the Secretary), to the local coordinating entity 
        to develop and implement the management plan.
          (2) Cooperative agreements.--The Secretary may enter into 
        cooperative agreements with the local coordinating entity and 
        other public or private entities to provide technical or 
        financial assistance under paragraph (1).
          (3) Priority.--In assisting the Heritage Area, 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.
  (b) Evaluation; Report.--
          (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, in accordance with 
                paragraph (3).
          (2) Evaluation.--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.--
                  (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 
                this paragraph 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 a 
                report under this paragraph, 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. 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--
                  (A) permit public access (including Federal, tribal, 
                State, or local government access) to the property; or
                  (B) modify any provisions of Federal, tribal, State, 
                or local law with regard to public access or use of 
                private land;
          (3) alters any duly adopted land use regulations, approved 
        land use plan, or any other regulatory authority of any 
        Federal, State, or local agency, or tribal government;
          (4) conveys any land use or other regulatory authority to the 
        local coordinating entity;
          (5) authorizes or implies the reservation or appropriation of 
        water or water rights;
          (6) diminishes the authority of the State to manage fish and 
        wildlife, including the regulation of fishing and hunting 
        within the Heritage Area; or
          (7) 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 total cost of any 
        activity under this Act shall be not more than 50 percent.
          (2) Form.--The non-Federal contribution--
                  (A) shall be from non-Federal sources; and
                  (B) may be in the form of in-kind contributions of 
                goods or services fairly valued.

SEC. 10. TERMINATION OF FINANCIAL ASSISTANCE.

  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.

                                PURPOSE

    The purpose of S. 2604 is to establish the Baltimore 
National Heritage Area in the State of Maryland.

                          BACKGROUND AND NEED

    Within the City of Baltimore are 24 National Historic 
Landmarks, 52 National Register Historic Districts, 5 Maryland 
Scenic Byways, and an All-American Road. The Battle of 
Baltimore was a turning point in the War of 1812 and inspired 
Francis Scott Key to write ``The Star-Spangled Banner''. 
Baltimore is also home to Frederick Douglass and Thurgood 
Marshall. The City also contains a number of important natural, 
cultural, and recreational resources.
    A feasibility study prepared in 2006 found that the area 
met the National Park Service's interim criteria for national 
heritage designation. Under S. 2604, the Baltimore Heritage 
Area Association will be the local coordinating entity for the 
heritage area.

                          LEGISLATIVE HISTORY

    S. 2604 was introduced by Senators Mikulski and Cardin on 
February 7, 2008. The Subcommittee on National Parks held a 
hearing on the bill on April 23, 2008.
    At its business meeting on May 7, 2008, the Committee on 
Energy and Natural Resources ordered S. 2604 favorably 
reported, with an amendment in the nature of a substitute.

                        COMMITTEE RECOMMENDATION

    The Committee on Energy and Natural Resources, in open 
business session on May 7, 2008, by a voice vote of a quorum 
present, recommends that the Senate pass S. 2604, if amended as 
described herein.

                          COMMITTEE AMENDMENT

    During the consideration of S. 2604, the Committee adopted 
an amendment in the nature of a substitute. The amendment 
removes the findings and makes other conforming amendments so 
that the authorization for the heritage area is consistent with 
other heritage area bills reported by the Committee. The 
amendment is explained in detail in the section-by-section 
analysis, below.

                      SECTION-BY-SECTION ANALYSIS

    Section 1 provides the short title, the ``Baltimore 
National Heritage Area Act.''
    Section 2 defines key terms used in the Act.
    Section 3(a) establishes the Baltimore National Heritage 
Area (``heritage area'') in the State of Maryland.
    Subsection (b) describes the boundaries of the heritage 
area as depicted on the referenced map and lists the 
significant historic sites that the heritage area encompasses.
    Subsection (c) states that a map of the heritage area shall 
be included in the management plan and available on file in 
appropriate offices of the National Park Service.
    Subsection (d) designates the Baltimore Heritage Area 
Association as the local coordinating entity for the heritage 
area.
    Section 4(a) details the duties of the local coordinating 
entity.
    Subsection (b) lists the authorities of the local 
coordinating entity. The subsection authorizes the local 
coordinating entity to use Federal funds to prepare activities 
recommended in the management plan for the heritage area, pay 
for operational expenses, make grants and enter into 
cooperative agreements, hire staff, obtain funds or services 
from any source, and contract for goods or services.
    Subsection (c) prohibits the local coordinating entity from 
using Federal funds made available under this Act to acquire 
real property or an interest in real property.
    Section 5(a) requires the local coordinating entity to 
prepare and submit for review a management plan to the 
Secretary no later than three years after the date on which the 
funds are made available to carry out this Act.
    Subsection (b) lists the requirements for the contents of 
the management plan.
    Subsection (c) states that if the management plan is not 
submitted within the three-year period, Federal funding is 
suspended until the plan is submitted to the Secretary.
    Subsection (d) requires the Secretary to approve or 
disapprove the management plan within six months after 
receiving the plan and lists the criteria the Secretary is to 
consider in determining whether to approve or disapprove the 
plan.
    Section 6(a) authorizes the Secretary to provide technical 
and financial assistance to the local coordinating entity to 
develop and implement the management plan.
    Subsection (b) requires the Secretary to conduct an 
evaluation of the accomplishments of the national heritage area 
not later than three years before the date Federal funding 
authority terminates. The evaluation shall assess the progress 
of the management entity with respect to accomplishing the 
purposes of this Act for the heritage area and whether the 
management entity achieved the goals and objectives of the 
approved management plan for the heritage area. The evaluation 
is also required to analyze governmental investments in the 
heritage area to determine the leverage and impact of the 
investments. The Secretary is directed to prepare a report, 
based on the evaluation, that includes recommendations for the 
future role of the National Park Service, if any, for the 
heritage area. If the report recommends that Federal funding 
for the area be reauthorized, it is required to include an 
analysis of ways Federal funding may be reduced or eliminated. 
The report is to be submitted to the House and Senate 
authorizing committees.
    Section 7(a) clarifies that nothing in this Act affects the 
authority of a Federal agency to provide technical or financial 
assistance under any other law.
    Subsection (b) encourages the head of a Federal agency 
planning to conduct activities that may have an impact on the 
heritage area to consult and coordinate the activities with the 
Secretary and the management entity to the maximum extent 
practicable.
    Subsection (c) clarifies that nothing in this Act modifies 
authorities of Federal agencies to manage Federal land, limits 
the discretion of a Federal agency to implement an approved 
land use plan, or modifies or alters any authorized use of 
Federal land.
    Section 8 contains several savings provisions to clarify 
that the designation of the national heritage area will not 
affect private property rights, affect governmental land use 
regulation, reserve or appropriate water rights, diminish the 
authority of the State to manage fish and wildlife, or create 
any liability for property owners within the heritage area.
    Section 9(a) authorizes total appropriations of $10 
million, with not more than $1 million authorized to be 
appropriated for any fiscal year.
    Subsection (b) requires Federal funding to be matched on a 
50:50 basis with funds from non-Federal sources.
    Section 10 provides that the authority of the Secretary to 
provide assistance under this Act terminates 15 years after the 
date of enactment.

                   COST AND BUDGETARY CONSIDERATIONS

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office:

S. 2604--Baltimore National Heritage Area Act of 2008

    S. 2604 would establish the Baltimore National Heritage 
Area (NHA) in Maryland and designate the Baltimore Heritage 
Area Association, a local nonprofit organization, as the 
management entity for the NHA. The bill would authorize the 
appropriation of $10 million, not to exceed $1 million 
annually, for financial assistance to the association and other 
eligible entities over the next 15 years.
    Assuming appropriation of the authorized amounts, CBO 
estimates that implementing S. 2604 would cost $5 million over 
the 2009-2013 period and an additional $5 million after 2013. 
Enacting the legislation would have no effect on direct 
spending or revenues.
    S. 2604 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments.
    The CBO staff contact for this estimate is Deborah Reis. 
This estimate was approved by Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                      REGULATORY IMPACT EVALUATION

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 2604. The bill is not a regulatory measure in 
the sense of imposing Government-established standards or 
significant economic responsibilities on private individuals 
and businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of S. 2604, as ordered reported.

                   CONGRESSIONALLY DIRECTED SPENDING

    In accordance with paragraph 4(b) of rule XLIV of the 
Standing Rules of the Senate, the Committee provides the 
following identification of congressionally directed spending 
items contained in the bill, as reported:



             Section                   Provision            Member

9...............................  Authorization of    Mikulski
                                   appropriations.


                        EXECUTIVE COMMUNICATIONS

    The testimony provided by the National Park Service at the 
April 23, 2008, hearing on S. 2604 follows:

 Statement of Daniel N. Wenk, Deputy Director, National Park Service, 
                       Department of the Interior

    Mr. Chairman, thank you for the opportunity to appear 
before your committee to present the views of the Department of 
the Interior on S. 2604, a bill to establish the Baltimore 
National Heritage Area in the State of Maryland.
    We recommend that the committee defer action on S. 2604 and 
all other proposed heritage area designations until program 
legislation is enacted that establishes guidelines and a 
process for the designation of national heritage areas. In 
summer 2006, the Administration sent to Congress a legislative 
proposal to establish such guidelines and a process for 
designation. The National Heritage Areas Partnership Act, S. 
278, was introduced during the 110th Congress and it 
incorporated the majority of the provisions of the 
Administration's proposal. We look forward to continuing to 
work with Congress on this very important issue.
    With 37 national heritage areas designated across 27 
states, and more heritage area legislative proposals in the 
pipeline, the Administration believes it is critical at this 
juncture for Congress to enact national heritage area program 
legislation. This legislation would provide a much-needed 
framework for evaluating proposed national heritage areas, 
offering guidelines for successful planning and management, 
clarifying the roles and responsibilities of all parties, and 
standardizing timeframes and funding for designated areas. 
Program legislation also would clarify the expectation that 
heritage areas would work toward self-sufficiency by outlining 
the necessary steps, including appropriate planning, to achieve 
that shared goal.
    The Baltimore Heritage Area was certified by the Maryland 
Heritage Areas Authority in 2001 as a state heritage area. The 
Baltimore Heritage Area is managed by the Baltimore City 
Heritage Area Association, a 40-member board appointed by the 
Mayor. The Association has a proved track record as a 
successful coordinating entity among diverse partners in the 
Baltimore area. Over the past seven years, the Baltimore 
Heritage Area has proved to be a successful effort, supporting, 
facilitating, and leveraging interpretive projects, historic 
preservation projects, and education efforts. The heritage area 
has strong support from the public and a myriad of state, 
local, federal, and non-governmental partners throughout the 
area.
    The National Park Service reviewed both the updated 
management action plan and the feasibility study and concurs 
that the proposed Baltimore National Heritage Area meets 
required criteria for congressional designation. In 2006, the 
Baltimore City Heritage Area Association updated the Baltimore 
City Heritage Area Management Action Plan that serves as a 
blueprint for protecting historic, cultural and natural 
resources through activities and investments within the 
heritage area. In addition, the Association completed a 
national heritage area feasibility study, based upon the 
National Park Service criteria, to determine whether the area 
met the criteria for national heritage area designation. The 
study concluded that the region met all of the criteria for 
designation including the existence of significant levels of 
public support and local commitments necessary for successful 
planning and implementation of a heritage area.
    The proposed heritage area comprises a large swath of the 
city of Baltimore, approximately 11,000 acres, and includes 24 
National Historic Landmarks, 53,000 buildings listed in 52 
National Register of Historic Places historic districts, 8,000 
buildings in 30 local historic districts, a system of parks and 
waterways, five Maryland Scenic Byways, and an All-American 
Road. In addition to Baltimore's important cultural, natural 
and recreational resources, the City derives its significance 
from several key historical events with many opportunities to 
interpret and provide for public understanding and appreciation 
of the City's rich history through heritage programming.
    First and foremost amongst these is the defense of 
Baltimore against the British in 1814 by a populace of largely 
first-generation immigrants and free and enslaved African 
Americans. The Star-Spangled Banner, our national anthem, and a 
new sense of national identity were forged in large part out of 
this experience. This theme of forging a strong, diverse, and 
complex national identity is very robust in Baltimore and 
includes the period of the War of 1812, the notorious domestic 
slave trade, the earliest organized abolition movement in the 
South, a vital community of free Blacks, and the City's divided 
loyalties during the Civil War. All were part of the City's 
national identity and are still represented in the cityscape, 
historic buildings, and diverse peoples of Baltimore.
    Baltimore was home to Frederick Douglass, Isaac Myers, and 
Thurgood Marshall each of whom, with their individual 
contributions, helped forge the identity of the nation. 
Douglass declared: ``Going to live at Baltimore laid the 
foundation, and opened the gateway, to all my subsequent 
prosperity . . .'' The Frederick Douglass-Isaac Myers Maritime 
Park commemorates the story of these two men and the first 
African American shipyard. Resources associated with Thurgood 
Marshall, the first African American to serve as a justice on 
the Supreme Court of the United States, include Public School 
103, the first school Thurgood Marshall attended, and his 
boyhood home. The Heritage Area has already begun to 
rehabilitate and interpret the public school.
    Other resources representing the theme of national identity 
include the National Road, the Nation's first federally funded 
interstate transportation route, that begun in 1811 in 
Baltimore and headed westward. Themes and resources that are 
also well-represented in the heritage area include maritime 
history, immigration, and industrialization. Baltimore was a 
major shipbuilding center beginning with the famous Baltimore 
clippers, a major port of entry for new immigrants second only 
to New York, and the starting point and industrial center of 
the first long distance railroad into the American frontier.
    Mr. Chairman, while the proposed Baltimore National 
Heritage Area contains nationally distinctive natural and 
cultural resources and meets the established criteria for 
congressional designation, we would again request that the 
committee defer action until national heritage area program 
legislation is enacted. However, if the committee chooses to 
move ahead with this bill, the Department would recommend that 
the bill be amended to include an additional requirement for an 
evaluation to be conducted by the Secretary, three years prior 
to the cessation of federal funding under this act. The 
evaluation would examine the accomplishments of the heritage 
area in meeting the goals of the management plan; analyze the 
leveraging and impact of investments to the heritage area; 
identify the critical components of the management structure 
and sustainability of the heritage area; and recommend what 
future role, if any, the National Park Service should have with 
respect to the heritage area.
    Thank you for the opportunity to comment. This concludes my 
prepared remarks and I would be happy to answer any questions 
that you or the members of the committee may have.

                        CHANGES IN EXISTING LAW

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee notes that no 
changes in existing law are made by the bill, S. 2604, as 
ordered reported.

                                  
