[Senate Report 114-310]
[From the U.S. Government Publishing Office]
Calendar No. 582
114th Congress } { Report
SENATE
2d Session } { 114-310
======================================================================
MARITIME WASHINGTON NATIONAL HERITAGE AREA ACT
_______
August 30, 2016.--Ordered to be printed
Filed, under authority of the order of the Senate of July 14, 2016
_______
Ms. Murkowski, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 1623]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 1623) to establish the Maritime
Washington National Heritage Area in the State of Washington,
and for other purposes, having considered the same, reports
favorably thereon with amendments and recommends that the bill,
as amended, do pass.
The amendments are as follows:
1. On page 14, between lines 4 and 5, insert the following:
(6) alters, modifies, diminishes, or extinguishes the
treaty rights of any Indian tribe within the National
Heritage Area.
2. On page 14, line 5, strike ``(6)'' and insert ``(7)''.
3. On page 14, line 9, strike ``(7)'' and insert ``(8)''.
PURPOSE
The purpose of S. 1623 is to establish the Maritime
Washington National Heritage Area in the State of Washington.
BACKGROUND AND NEED
Western Washington State's heritage is shaped by its
relationship to the waters of Puget Sound, the Straits of Juan
de Fuca, and the Pacific Ocean. Native communities found a
bounty of resources in the waters and shorelines of this area.
While salmon and sea life provided an abundance of sustenance,
western red cedar provided the material to establish permanent
settlements and a maritime culture. Canoe culture allowed an
extensive trade and social network to develop throughout the
region, which was reliant on these open waterways. The very
resources that provided for native peoples to thrive also
attracted European and American explorers and settlers.
Following the settlement of the international boundary
between British North America and the United States west of the
Rocky Mountains, in 1846, European American settlements began
to gain strength. The timber industry spurred these settlements
and the transformation of the region from a backwater to a
center of maritime commerce. Pacific Northwest ships helped
supply the Klondike Gold Rush. Lumber shipped from the region
helped rebuild San Francisco after the earthquake of 1906 and
was exported throughout the world.
Shipyards followed soon after a spike in lumber exports. In
fact, the history of ship building--both civilian and
military--highlights a major economic activity of the region
today. Naval activity at Bremerton, Bangor, and Everett provide
a vital connection to the region's maritime past.
Today, the region continues to be tied to its saltwater
heritage both in commerce and recreation. In 2010, the
Washington State Department of Archeology and Historic
Preservation undertook a feasibility study of the designation
of a national heritage area to preserve and promote this
heritage. Designation of a National Heritage Area and a
coordinating organization would allow for the significant
number of maritime resources (e.g., museums and interpretive
centers, historic vessels, maritime education centers,
lighthouses and locks, waterfronts, and public spaces, etc.) to
actively develop opportunities for visitors.
LEGISLATIVE HISTORY
S. 1623 was introduced in the Senate by Senators Cantwell
and Murray on June 18, 2015. The Subcommittee on National Parks
held a hearing on the measure on June 15, 2016.
Representative Kilmer introduced similar legislation in the
House of Representatives, H.R. 2833, on June 18, 2015.
In the 113th Congress, Senators Cantwell and Murray
introduced similar legislation, S. 2576, on July 9, 2014. A
hearing was held by the Subcommittee on National Parks on July
23, 2014 (S. Hrg. 113-493). The authorization to establish the
Maritime Washington National Heritage Area was included as part
of the text of S. 2602, which was ordered reported by the
Senate Committee on Energy and Natural Resources on November
13, 2014 (S. Rept. 113-300).
The Committee on Energy and Natural Resources met in open
business session on July 13, 2016, and ordered S. 1623
favorably reported as amended.
COMMITTEE RECOMMENDATION
The Senate Committee on Energy and Natural Resources, in
open business session on July 13, 2016, by a majority voice
vote of a quorum present, recommends that the Senate pass S.
1623, if amended as described herein. Three Senators requested
that their vote be recorded as follows:
NAYS
Mr. Barrasso
Mr. Risch
Mr. Lee
COMMITTEE AMENDMENTS
During its consideration of S. 1623, the Committee adopted
amendments clarifying that nothing in this Act alters,
modifies, diminishes, or extinguishes the treaty rights of any
Indian tribe within the National Heritage Area.
SECTION-BY-SECTION ANALYSIS
Section 1. Short title
Section 1 contains the short title.
Section 2. Definitions
Section 2 contains key definitions.
Section 3. Maritime Washington National Heritage Area
Section 3(a) establishes the Maritime Washington National
Heritage Area in the State of Washington.
Subsection (b) identifies the boundaries of the National
Heritage Area and authorizes the boundaries' revision if the
revision is proposed in the management plan approved by the
Secretary and placed on file.
Subsection (c) requires the map to be on file for public
inspection in the offices of the National Park Service (NPS)
and the local coordinating entity.
Subsection (d) deems the Washington Trust for Historic
Preservation as the local coordinating entity for the National
Heritage Area.
Section 4. Management plan
Section 4(a) requires the local coordinating entity to
submit to the Secretary a proposed management plan for the
National Heritage Area for approval no later than three years
after the date of enactment of this Act.
Subsection (b) sets forth the management plan's
requirements to include an integrated and cooperative approach
for protection and interpretation of the natural, cultural,
historic, scenic, and recreational resources of the National
Heritage Area and the consideration of State and local plans,
such as inventories of property resources, related themes, and
significance of the property. The management plan must also
include a resource inventory and produce comprehensive
policies, strategies, and recommendations for funding and
management of the National Heritage Area. In addition, in the
management plan the local coordinating entity must develop
actions that government, private organizations, and individuals
agree to take to protect and manage the National Heritage Area
and produce an implementation program. The management plan is
also further required to identify funding sources and account
for Federal, State, and local programs to carry out the
management plan, including the role of the NPS.
Subsection (c) establishes a deadline of three years after
the date of the Act's enactment for the local coordinating
entity to provide the proposed management plan to the Secretary
in order to be eligible for additional funding under the Act.
Subsection (d) directs the Secretary, in consultation with
the State, to approve or disapprove the management plan no
later than 180 days after receipt from the local coordinating
entity. This section sets forth criteria that the Secretary
must consider in evaluating the proposed management plan,
including whether the local coordinating entity is
representative of the diverse interests of the National
Heritage Area, whether adequate opportunity for public
involvement was provided, and whether the proposal's
implementation would result in the adequate protection of the
National Heritage Area. If the Secretary disapproves the
proposal, the local coordinating entity will be advised in
writing, with recommendations for revision of the management
plan, and the Secretary is required to review the revised
management plan within 180 days after receipt. The Secretary
has the discretion to approve or disapprove substantive
amendments to the management plan and the local coordinating
entity may use Federal funds to carry out any amendments to the
plan upon the Secretary's approval.
Section 5. Administration
Section 5(a) authorizes the Secretary, acting through the
local coordinating entity, to make grants; enter into
cooperative agreements; engage qualified staff; accept money or
services from any source, including those provided under any
other Federal law or program; enter into contracts for goods or
services; and serve as a catalyst for any other activity that
furthers the purposes of the National Heritage Area and is
consistent with the management plan.
Subsection (b) requires the local coordinating entity to
prepare and submit the management plan to the Secretary and to
assist local government entities, regional planning
organizations and nonprofit organizations in implementing the
approved management plan. In preparing and implementing the
management plan, the local coordinating entity must consider
diverse interests and conduct public meetings at least
semiannually. The local coordinating entity is further required
to prepare and submit an annual report to the Secretary for any
year for which Federal funds have been received. The report
must include all expenses, activities, income, expenditures,
and matching funds that are in support of the National Heritage
Area. The local coordinating entity will require any
organizations receiving funds to also make available to the
Secretary all records concerning the expenditure of the funds.
Subsection (c) prohibits the local coordinating entity from
using Federal Funds to acquire real property or any interest in
real property.
Section 6. Relationship to other federal agencies
Section 6(a) states that the Act does not affect the
authority of a Federal agency to provide technical or financial
assistance under any other law.
Subsection (b) encourages the head of any Federal agency to
consult and coordinate with the Secretary and the local
coordinating entity in planning activities that may have an
impact on the National Heritage Area.
Subsection (c) affirms that any law or regulation
authorizing a Federal agency to manage or use Federal land
under the jurisdiction of the Federal agency is not modified,
altered, or amended by this Act.
Section 7. Private property and regulatory protections
Section 7 specifies that nothing in the Act abridges the
rights of property owners and that property owners are not
required to permit public access to their property; modify use
or public access of property under any Federal, State, or local
law; alter any duly adopted land use regulation, use plan, or
regulatory authority; transfer any land use or regulatory
authority to the local coordinating entity; authorize or imply
the reservation of water or water rights; modify, diminish, or
extinguish the reserved treaty rights of any Indian tribe
within the National Heritage Area; affect the jurisdiction of
the State to manage fishing and hunting within the National
Heritage Area; or create any liability to any person injured on
private property.
Section 8. Evaluation and report
Section 8(a) tasks the Secretary with conducting an
evaluation and preparing a report of the accomplishments of the
National Heritage Area not later than 3 years before the
termination date of Federal funding.
Subsection (b) states that the evaluation components should
include a progress assessment of the local coordinating entity;
an analysis of investments, including funding made by Federal,
State, tribal, and local government and private entities; and a
review of the management and partnership structure for
sustaining the National Heritage Area.
Subsection (c) requires the Secretary to submit a report to
the Committee on Energy and Natural Resources of the Senate and
the Committee on Natural Resources of the House of
Representatives that describes the findings and conclusions of
the evaluation along with recommendations for the future role
of the NPS with respect to the National Heritage Area.
Section 9. Authorization of appropriations
Section 9(a) authorizes $10 million to be appropriated, of
which not more than $1 million may be authorized to be
appropriated for any fiscal year to carry out the Act.
Subsection (b) denotes that amounts made available shall
remain available until expended.
Subsection (c) requires not more than a 50 percent share of
non-Federal funding or in-kind contributions of goods or
services for any activity under the Act.
Subsection (d) specifies that the authority of the
Secretary to provide assistance for this Act terminates 15
years after the Act is enacted.
COST AND BUDGETARY CONSIDERATIONS
The Congressional Budget Office estimate of the costs of
this measure has been requested but was not received at the
time the report was filed. When the Congressional Budget Office
completes its cost estimate, it will be posted on the internet
at www.cbo.gov.
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. 1623. 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. 1623, as ordered reported.
CONGRESSIONALLY DIRECTED SPENDING
S. 1623, as ordered reported, does not contain any
congressionally directed spending items, limited tax benefits,
or limited tariff benefits as defined in rule XLIV of the
Standing Rules of the Senate.
EXECUTIVE COMMUNICATIONS
The testimony provided by the NPS at the June 15, 2016,
Subcommittee on National Parks hearing on S. 1623, follows:
Statement of Dr. Stephanie Toothman, Associate Director Cultural
Resources, Partnerships, and Science, National Park Service, Department
of the Interior
Mr. Chairman, thank you for the opportunity to present the
Department of the Interior's views on S. 1623, a bill to
establish the Maritime Washington National Heritage Area in the
State of Washington.
The Department supports the enactment of S. 1623, as the
proposed Maritime Washington National Heritage Area has been
found to meet the National Park Service's interim criteria for
designation as a national heritage area.
However, along with designating any new national heritage
areas, the Department recommends that Congress pass national
heritage area program legislation. There are currently 49
designated national heritage areas, yet there is no authority
in law that guides the designation and administration of these
areas. Program legislation that establishes criteria to
evaluate potentially qualified National heritage areas and a
process for the designation, funding, and administration of
these areas would provide a much-needed framework for
evaluating proposed national heritage areas. It would offer
guidelines for successful planning and management, clarify the
roles and responsibilities of all parties, and standardize
timeframes and funding for designated areas. The Department
also notes that newly-authorized national heritage areas will
compete for limited resources in the Heritage Partnership
Program. The President's FY17 Budget proposes $9.4 million for
the current 49 areas. The authorization of additional national
heritage areas will leave less funding for each individual
national heritage area.
The proposed area includes land that is as located within
one-quarter mile landward of the shoreline in the counties of
Whatcom, Skagit, Snohomish, San Juan, Island, King, Pierce,
Thurston, Mason, Kitsap, Jefferson, Clallam, and Grays Harbor,
approximately 3,000 linear miles of a ``Salt Water Coast.'' The
proposed local coordinating entity for the Maritime Washington
National Heritage Area would be the Washington Trust for
Historic Preservation. A Feasibility Study for a Washington
State National Maritime Heritage Area was completed by the
Washington Department of Archaeology and Historic Preservation
in April 2010. The National Park Service conducted a review of
the study for consistency with the interim National Heritage
Area Feasibility Study Guidelines, and with a subsequent
revised Statement of Importance and boundary justification
submitted March 5, 2012, and found that the area meets these
criteria for national heritage area designation. The Washington
Trust for Historic Preservation was informed of this decision
in a letter on June 5, 2012.
The proposed Maritime Washington National Heritage Area
stretches from northern ports in Bellingham and Blaine to the
protected harbors of Aberdeen and Hoquiam. The landscape tells
the stories of a rich Native American civilization, development
of the farthest territorial corner of the United States, of
gold rushers and shipbuilders, and of a gateway to Alaska, Asia
and the seaports of the world.
Living between steep glacier-clad mountain ranges and a
temperate saltwater shoreline, native people built a complex
culture around canoe routes and salmon cycles. By the late 18th
century, the region was being mapped and named by Spanish,
English, and Russian explorers in the interest of science and
the pursuit of colonial empire. After the 49th parallel was
established as the nation's northern border in 1846, this new
corner of the country entered a dramatic period of social,
political and military development. The vast conifer forests
were easily accessible for timber production, and the coastal
geography made possible its transportation to the developing
American west. The timber trade and abundant marine resources,
especially salmon, of the San Juan de Fuca straight, the Puget
Sound and the Pacific Ocean attracted American, European and
Pan-Asian settlers who provided the labor for thriving port
economies in Port Angeles, Port Townsend, and Port Gamble.
At the heart of the heritage area is the greater Puget
Sound, a system of interconnected marine waterways, harbors,
bays and inlets that wet the shores of the San Juan Archipelago
and the many waterfront towns, cities, and ports that have
grown up here over time. The naval facilities on Puget Sound
have built and repaired vessels in our fleet for over a
century. Even today the region relies on the country's largest
marine highway system--its famous ferries--for day-to-day
transportation.
These stories are represented in the traditional Native
American sites, lumber towns, logging mills, salmon processing
plants, historic ships, lighthouses, museums and the host of
other maritime-related sites, scenes, and traditions that
comprise the proposed Maritime Washington National Heritage
Area. Under the leadership of the Washington Trust for Historic
Preservation, the heritage area would encourage and support the
work of the many organizations committed to the recognition,
preservation and continued economic, recreational and
educational use of this unique and vital region and its
resources.
Mr. Chairman, this concludes my testimony. I would be happy
to answer any questions you or any other members of the
subcommittee 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 as ordered
reported.
[all]