[House Report 117-411]
[From the U.S. Government Publishing Office]
117th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 117-411
======================================================================
ALABAMA BLACK BELT NATIONAL HERITAGE AREA ACT
_______
July 14, 2022.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Grijalva, from the Committee on Natural Resources, submitted the
following
R E P O R T
[To accompany H.R. 3222]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 3222) to establish the Alabama Black Belt
National Heritage Area, 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 all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Alabama Black Belt National Heritage
Area Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) National heritage area.--The term ``National Heritage
Area'' means the Alabama Black Belt National Heritage Area
established by section 3(a).
(2) Local coordinating entity.--The term ``local coordinating
entity'' means the local coordinating entity for the National
Heritage Area.
(3) Management plan.--The term ``management plan'' means the
management plan for the National Heritage Area prepared under
section 5(a).
(4) Map.--The term ``map'' means the map entitled ``Alabama
Black Belt Proposed National Heritage Area'', numbered 258/
177,272, and dated September 2021.
(5) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(6) State.--The term ``State'' means the State of Alabama.
SEC. 3. ESTABLISHMENT OF ALABAMA BLACK BELT NATIONAL HERITAGE AREA.
(a) In General.--There is established the Alabama Black Belt National
Heritage Area in the State of Alabama, to consist of land in Bibb,
Bullock, Butler, Choctaw, Clarke, Conecuh, Dallas, Greene, Hale,
Lowndes, Macon, Marengo, Monroe, Montgomery, Perry, Pickens, Sumter,
Washington, and Wilcox counties in the State, as generally depicted on
the map.
(b) Local Coordinating Entity.--The Center for the Study of the Black
Belt at the University of West Alabama shall serve as the local
coordinating entity for the National Heritage Area.
SEC. 4. ADMINISTRATION.
(a) Authorities.--For purposes of carrying out the management plan
for the National Heritage Area, the Secretary acting through the local
coordinating entity may use amounts made available under this Act--
(1) to make grants to the State or a political subdivision of
the State, Indian Tribes, nonprofit organizations, and other
persons;
(2) to enter into cooperative agreements with, or provide
technical assistance to, the State or a political subdivision
of the State, Indian Tribes, nonprofit organizations, and other
interested parties;
(3) to hire and compensate staff, which shall include
individuals with expertise in natural, cultural, and historical
resources protection and heritage programming;
(4) to obtain money or services from any source, including
any money or services that are provided under any other Federal
law or program, provided that any money specifically authorized
for National Heritage areas shall be subject to a 50 percent
cost-share requirement;
(5) to contract for goods or services; and
(6) to undertake or be a catalyst for any other activity that
furthers the purposes of the National Heritage Area and is
consistent with the approved management plan.
(b) Duties.--The local coordinating entity for the National Heritage
Area shall--
(1) in accordance with section 5, prepare and submit a
management plan for the National Heritage Area to the
Secretary;
(2) assist Federal agencies, the State or a political
subdivision of the State, Indian Tribes, regional planning
organizations, nonprofit organizations, and other interested
parties in carrying out the approved management plan by--
(A) carrying out programs and projects that
recognize, protect, and enhance important resource
values in the National Heritage Area;
(B) establishing and maintaining interpretive
exhibits and programs in the National Heritage Area;
(C) developing recreational, interpretive, and
educational opportunities in the National Heritage
Area;
(D) increasing public awareness of, and appreciation
for, natural, historical, scenic, and cultural
resources of the National Heritage Area;
(E) protecting and restoring historic sites and
buildings in the National Heritage Area that are
consistent with the themes of the National Heritage
Area;
(F) ensuring that clear, consistent, and appropriate
signs identifying points of public access and sites of
interest are posted throughout the National Heritage
Area; and
(G) promoting a wide range of partnerships among the
Federal Government, State, Tribal, and local
governments, organizations, and individuals to further
the purposes of the National Heritage Area;
(3) consider the interests of diverse units of government,
businesses, organizations, and individuals in the National
Heritage Area in the preparation and implementation of the
management plan;
(4) conduct meetings open to the public not less frequently
than semiannually regarding the development and implementation
of the management plan;
(5) for any year that Federal funds have been received under
this Act--
(A) submit to the Secretary an annual report that
describes the activities, expenses, and income of the
local coordinating entity (including grants to any
other entities during the year that the report is
made);
(B) make available to the Secretary for audit all
records relating to the expenditure of the funds and
any matching funds; and
(C) encourage by appropriate means economic viability
that is consistent with the National Heritage Area.
(c) Prohibition on the Acquisition of Real Property.--The local
coordinating entity shall not use Federal funds 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 of enactment
of this Act, the local coordinating entity of the National Heritage
Area shall submit to the Secretary for approval a proposed management
plan for the National Heritage Area.
(b) Requirements.--The management plan shall--
(1) incorporate an integrated and cooperative approach for
the protection, enhancement, and interpretation of the natural,
cultural, historic, scenic, and recreational resources of the
National Heritage Area;
(2) take into consideration Federal, State, local, and Tribal
plans and treaty rights;
(3) include--
(A) an inventory of--
(i) the resources located in the National
Heritage Area; and
(ii) any other property in the National
Heritage Area that--
(I) is related to the themes of the
National Heritage Area; and
(II) should be preserved, restored,
managed, or maintained because of the
significance of the property;
(B) comprehensive policies, strategies, and
recommendations for the conservation, funding,
management, and development of the National Heritage
Area;
(C) a description of activities that the Federal
Government, State, Tribal, and local governments,
private organizations, and individuals have agreed to
carry out to protect the natural, historical, cultural,
scenic, and recreational resources of the National
Heritage Area;
(D) a program of implementation for the management
plan by the local coordinating 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 local coordinating
entity or any unit of government, organization,
or individual for the first 5 years of
operation;
(E) the identification of sources of funding for
carrying out the management plan;
(F) analysis and recommendations for means by which
Federal, State, local, and Tribal programs, including
the role of the National Park Service in the National
Heritage Area, may best be coordinated to carry out
this Act; and
(G) an interpretive plan for the National Heritage
Area; and
(4) 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 National Heritage Area.
(c) Deadline.--If a proposed management plan is not submitted to the
Secretary by the date that is 3 years after the date of enactment of
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 or Disapproval of Management Plan.--
(1) In general.--Not later than 180 days after the date of
receipt of the management plan under this section, the
Secretary, in consultation with State and Tribal governments,
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 is representative
of the diverse interests of the National Heritage Area,
including the Federal, State, Tribal, and local
governments, natural and historic resource protection
organizations, educational institutions, businesses,
and recreational organizations;
(B) the local coordinating entity has afforded
adequate opportunity, including public hearings, for
public and governmental involvement in the preparation
of the management plan; and
(C) the resource protection and interpretation
strategies contained in the management plan, if
implemented, would adequately protect the natural,
historical, and cultural resources of the National
Heritage Area.
(3) Action following disapproval.--If the Secretary
disapproves the management plan under paragraph (1), the
Secretary shall--
(A) advise the local coordinating entity in writing
the reasons for the disapproval;
(B) make recommendations 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, approve or disapprove the proposed
revision.
(4) Amendments.--
(A) In general.--The Secretary shall approve or
disapprove each amendment to the management plan that
the Secretary determines make a substantial change to
the management plan.
(B) Use of funds.--The local coordinating entity
shall not use Federal funds to carry out any amendment
to the management plan until the date on which the
Secretary has approved the amendment.
SEC. 6. 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.--The head of any Federal agency
planning to conduct activities that may have an impact on the National
Heritage Area is encouraged to consult and coordinate the activities
with the Secretary and the local coordinating entity to the maximum
extent practicable.
(c) Other Federal Agencies.--Nothing in this Act--
(1) modifies, alters, or amends any law or 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 National Heritage Area; or
(3) modifies, alters, or amends any authorized use of Federal
land under the jurisdiction of a Federal agency.
SEC. 7. PRIVATE PROPERTY AND REGULATORY PROTECTIONS.
Nothing in this Act--
(1) 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
National Heritage Area;
(2) requires any property owner--
(A) to permit public access (including access by
Federal, State, or local agencies) to the property of
the property owner; or
(B) to modify public access or use of property of the
property owner under any other Federal, State, or local
law;
(3) alters any duly adopted land use regulation, approved
land use plan, or other regulatory authority of any Federal,
State, Tribal, or local agency;
(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) enlarges or diminishes the treaty rights of any Indian
Tribe within the National Heritage Area;
(7) diminishes--
(A) the authority of the State to manage fish and
wildlife, including the regulation of fishing and
hunting, within the National Heritage Area; or
(B) the authority of Indian Tribes to regulate
members of Indian Tribes with respect to fishing,
hunting, and gathering in the exercise of treaty
rights; 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. 8. EVALUATION AND REPORT.
(a) In General.--For the National Heritage Area, not later than 3
years before the date specified under section 9, the Secretary shall--
(1) conduct an evaluation of the accomplishments of the
National Heritage Area; and
(2) prepare a report in accordance with subsection (c).
(b) Evaluation.--An evaluation conducted under subsection (a)(1)
shall--
(1) assess the progress of the local coordinating entity with
respect to--
(A) accomplishing the purposes of the National
Heritage Area; and
(B) achieving the goals and objectives of the
approved management plan for the National Heritage
Area;
(2) analyze the investments of the Federal Government, State,
Tribal, and local governments, and private entities in the
National Heritage Area to determine the impact of the
investments; and
(3) review the management structure, partnership
relationships, and funding of the National Heritage Area for
purposes of identifying the critical components for
sustainability of the National Heritage Area.
(c) Report.--Based on the evaluation conducted under subsection
(a)(1), the Secretary shall submit to the Committee on Energy and
Natural Resources of the Senate and the Committee on Natural Resources
of the House of Representatives a report that includes recommendations
for the future role of the National Park Service, if any, with respect
to the National Heritage Area.
SEC. 9. TERMINATION OF 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.
PURPOSE OF THE BILL
The purpose of H.R. 3222 is to establish the Alabama Black
Belt National Heritage Area.
BACKGROUND AND NEED FOR LEGISLATION
In 2009, the Alabama Black Belt Heritage Area Task Force
released a feasibility study on designating this region as a
National Heritage Area. The study recognized the region's
historic significance as a center of the South's plantation
economy in the early 1800s and the home of the American Civil
Rights Movement in the mid-1900s, including the sites of the
Montgomery bus boycott and the Selma to Montgomery march.
H.R. 3222 would establish the Alabama Black Belt National
Heritage Area in 19 counties in Alabama's Black Belt region.
The legislation stipulates that the Center for the Study of the
Black Belt at the University of West Alabama will be the local
coordinating entity for the National Heritage Area.
COMMITTEE ACTION
H.R. 3222 was introduced on May 13, 2021, by Representative
Terri A. Sewell (D-AL). The bill was referred solely to the
Committee on Natural Resources, and within the Committee to the
Subcommittee on National Parks, Forests, and Public Lands. On
June 15, 2021, the Subcommittee held a hearing on the bill. On
October 13, 2021, the Natural Resources Committee met to
consider the bill. The Subcommittee was discharged by unanimous
consent. Chair Raul M. Grijalva (D-AZ) offered an amendment in
the nature of a substitute. Ranking Member Bruce Westerman (R-
AR) offered an amendment designated Westerman #1 to the
amendment in the nature of a substitute. The amendment was
agreed to by unanimous consent. The Grijalva amendment in the
nature of a substitute, as amended, was agreed to by unanimous
consent. The bill, as amended, was adopted and ordered
favorably reported to the House of Representatives by unanimous
consent.
HEARINGS
For the purposes of clause 3(c)(6) of House rule XIII, the
following hearing was used to develop or consider this measure:
hearing by the Subcommittee on National Parks, Forests, and
Public Lands held on June 15, 2021.
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
COMPLIANCE WITH HOUSE RULE XIII AND CONGRESSIONAL
BUDGET ACT
1. Cost of Legislation and the Congressional Budget Act.
With respect to the requirements of clause 3(c)(2) and (3) of
rule XIII of the Rules of the House of Representatives and
sections 308(a) and 402 of the Congressional Budget Act of
1974, the Committee has received the following estimate for the
bill from the Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, January 31, 2022.
Hon. Raul Grijalva,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimates for the following bills:
H.R. 1286, the Southern Campaign of the
Revolution National Heritage Corridor Act of 2021;
H.R. 2024, the Southern Maryland National
Heritage Area Act;
H.R. 2107, the Nation's Oldest Port National
Heritage Area Act; and
H.R. 3222, the Alabama Black Belt National
Heritage Area Act.
If you wish further details on those estimates, we will be
pleased to provide them. The CBO staff contact is Madeleine
Fox.
Sincerely,
Phillip L. Swagel,
Director.
Enclosure.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
On October 13, 2021, the House Committee on Natural
Resources ordered reported the following bills:
H.R. 1286, the Southern Campaign of the
Revolution National Heritage Corridor Act of 2021,
would establish a national heritage corridor in North
Carolina and South Carolina. The bill also would
designate the University of South Carolina as the local
coordinating entity and would require the university to
submit a management plan for the area to the National
Park Service (NPS) for approval.
H.R. 2024, the Southern Maryland National
Heritage Area Act, would establish a national heritage
area in St. Mary's, Calvert, Charles, and Prince
George's counties in Maryland. The bill also would
designate the Tri-County Council for Southern Maryland
as the local coordinating entity and would require the
council to submit a management plan for the area to the
NPS for approval.
H.R. 2107, the Nation's Oldest Port National
Heritage Area Act, would establish a national heritage
area consisting of the watersheds in Nassau, Duval, St.
Johns, and Flagler counties in Florida. The bill also
would designate the Nation's Oldest Port Alliance,
Inc., as the local coordinating entity and would
require the group to submit a management plan for the
area to the NPS for approval.
H.R. 3222, the Alabama Black Belt National
Heritage Area Act, would establish a national heritage
area in various counties in Alabama. The bill also
would designate the Center for the Study of the Black
Belt at the University of West Alabama as the local
coordinating entity and would require the center to
submit a management plan for the area to the NPS for
approval.
The NPS provides technical and financial assistance to
national heritage areas through the Heritage Partnership
Program. According to the NPS, under that program the agency
typically awards about $150,00 annually to newly established
national heritage areas. On that basis, CBO estimates that the
cost of implementing each bill would total about $1 million
over the 2022-2026 period; such spending would be subject to
the availability of appropriated funds.
The CBO staff contact for these estimates is Madeleine Fox.
The estimates were reviewed by H. Samuel Papenfuss, Deputy
Director of Budget Analysis.
2. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goals and
objectives of this bill are to establish the Alabama Black Belt
National Heritage Area.
EARMARK STATEMENT
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
UNFUNDED MANDATES REFORM ACT STATEMENT
According to CBO, this bill contains no unfunded mandates
as defined by the Unfunded Mandates Reform Act.
EXISTING PROGRAMS
This bill does not establish or reauthorize a program of
the federal government known to be duplicative of another
program.
APPLICABILITY TO LEGISLATIVE BRANCH
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
PREEMPTION OF STATE, LOCAL, OR TRIBAL LAW
Any preemptive effect of this bill over state, local, or
tribal law is intended to be consistent with the bill's
purposes and text and the Supremacy Clause of Article VI of the
U.S. Constitution.
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes to existing
law.
SUPPLEMENTAL, MINORITY, ADDITIONAL, OR DISSENTING VIEWS
None.
[all]