Alabama Black Belt National Heritage Area Act - Establishes the Alabama Black Belt National Heritage Area in Alabama. (Describes the Black Belt area as a region in the lower-central portion of Alabama that sustains an abundance of natural resources, historical sites, cultural diversity, and recreational activities shaped by its fertile black soil.)
Designates the Center for the Study of the Black Belt at the University of West Alabama as the local coordinating entity for the Heritage Area, requires the Center to submit a management plan for the Heritage Area, and sets forth procedures for the approval or disapproval of such plan.
[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4345 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 4345
To establish the Alabama Black Belt National Heritage Area, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 16, 2009
Mr. Davis of Alabama (for himself, Mr. Bright, Mr. Rogers of Alabama,
Mr. Griffith, Mr. Bonner, Mr. Bachus, and Mr. Aderholt) introduced the
following bill; which was referred to the Committee on Natural
Resources
_______________________________________________________________________
A BILL
To establish the Alabama Black Belt National Heritage Area, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Alabama Black Belt
National Heritage Area Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Purposes.
Sec. 4. Definitions.
Sec. 5. Designation of Alabama Black Belt National Heritage Area.
Sec. 6. Local coordinating entity.
Sec. 7. Management plan.
Sec. 8. Evaluation; report.
Sec. 9. Relationship to other Federal agencies.
Sec. 10. Private property and regulatory protections.
Sec. 11. Authorization of appropriations.
Sec. 12. Use of Federal funds from other sources.
Sec. 13. Termination of financial assistance.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Black Belt area in the lower-central portion of
Alabama is a region that sustains an abundance of natural
resources, historical sites, cultural diversity, and
recreational activities shaped by its fertile black soil.
(2) The Alabama Black Belt National Heritage Area
feasibility study includes the 19 counties of Bibb, Bullock,
Butler, Choctaw, Clarke, Conecuh, Dallas, Greene, Hale,
Lowndes, Macon, Marengo, Monroe, Montgomery, Perry, Pickens,
Sumter, Washington, and Wilcox in the State of Alabama.
(3) The geography of the Black Belt is comprised of
threatened prairies, forests, and rivers that contain
incredibly diverse species of flora and fauna.
(4) The Black Belt region struggles with a declining
population, a high unemployment rate, insufficient schools and
health care, and 8 of the 100 poorest counties in the United
States.
(5) The Black Belt region includes Moundville, the second
largest Native American ceremonial center of the Mississippian
period.
(6) The Black Belt region is characterized by its
distinctive geography and its exceptionally fertile black soil,
which influenced the construction of a large network of cotton
plantations and antebellum architecture, which in turn led to
the city of Montgomery being established as the first capital
of the Confederacy.
(7) The Black Belt region was the center of the American
civil rights movement, including the historical scenes of the
Montgomery Bus Boycott and the Selma to Montgomery March, which
led to the Civil Rights Act of 1964 and the Voting Rights Act
of 1965.
(8) The Black Belt region is home to Harper Lee, who wrote
the Pulitzer Prize winning novel ``To Kill a Mockingbird''.
(9) The Black Belt region is home to the Gee's Bend
Quilters, whose artistic talents have been displayed in the
Smithsonian Museum and featured on United States postage
stamps.
(10) The Black Belt is home to three units of the National
Park System: the Selma to Montgomery National Historic Trail,
the Tuskegee Airmen National Historic Site, and the Tuskegee
Institute National Historic Site.
(11) The Black Belt includes two National Forests
maintained by the Forest Service: the Talladega National
Forest-Oakmulgee District and the Tuskegee National Forest. The
Bartram Trail, a National Recreation Trail, runs through the
Tuskegee National Forest.
(12) The Black Belt includes two National Wildlife Refuges
maintained by the U.S. Fish and Wildlife Service: the Cahaba
National Wildlife Refuge and the Choctaw National Wildlife
Refuge.
(13) The Black Belt is home to two Army Corps of Engineers
projects: the Alabama River Lakes and the Black Warrior and
Tombigbee Lakes. The Corps management offices are located in
Lowndes, Marengo, and Wilcox Counties within the Black Belt.
Many public recreation and natural resources sites are managed
by the Corps in these river basins.
SEC. 3. PURPOSES.
The purposes of this Act are--
(1) to recognize the significant natural and cultural
legacies of the area, as described in the study titled
``Alabama Black Belt Heritage Area: Feasibility Study for
National Heritage Area Designation'', prepared for the National
Park Service in March, 2009;
(2) to promote heritage, cultural, and recreational tourism
and to develop educational and cultural programs for visitors
and the general public;
(3) to recognize and interpret important events and
geographic locations of Alabama's Black Belt region, including
the Montgomery Bus Boycott and the Selma to Montgomery March,
and the region's exceptionally fertile soil, prairies, forests
and rivers;
(4) to recognize and interpret the distinctive role the
region played in the history of the United States, including
the Civil War, with Montgomery serving as the first capital of
the Confederacy and later as the center of the American Civil
Rights movement;
(5) to provide a cooperative management framework to foster
a close working relationship with all levels of government, the
private sector, and the local communities in the region in
identifying, preserving, interpreting, and developing the
natural, historical, cultural, educational, scenic, and
recreational resources of the region for the educational and
inspirational benefit of current and future generations; and
(6) to provide appropriate linkages between units of the
National Park System and communities, governments, and
organizations within the National Heritage Area.
SEC. 4. DEFINITIONS.
In this Act:
(1) National heritage area.--The term ``National Heritage
Area'' means the Alabama Black Belt National Heritage Area
established by this Act.
(2) Local coordinating entity.--The term ``local
coordinating entity'' means the Center for the Study of the
Black Belt at the University of West Alabama.
(3) Management plan.--The term ``management plan'' means
the plan prepared by the local coordinating entity for the
National Heritage Area in accordance with this Act.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 5. DESIGNATION OF ALABAMA BLACK BELT NATIONAL HERITAGE AREA.
(a) Establishment.--There is hereby established the Alabama Black
Belt National Heritage Area in the State of Alabama.
(b) Boundaries.--
(1) In general.--The National Heritage Area shall consist
of sites as designated by the management plan within a core
area located in Alabama, consisting of Bibb, Bullock, Butler,
Choctaw, Clarke, Conecuh, Dallas, Greene, Hale, Lowndes, Macon,
Marengo, Monroe, Montgomery, Perry, Pickens, Sumter,
Washington, and Wilcox counties.
(2) Map.--The boundaries of the National Heritage Area
shall be as generally depicted on the map titled
``__________'', and numbered _____, and dated _____. The map
shall be on file and available to the public in the appropriate
offices of the National Park Service and the local coordinating
entity.
SEC. 6. LOCAL COORDINATING ENTITY.
(a) Designation.--The Center for the Study of the Black Belt at the
University of West Alabama shall be the local coordinating entity for
the National Heritage Area.
(b) Duties.--To further the purposes of the National Heritage Area,
the local coordinating entity shall--
(1) submit a management plan to the Secretary in accordance
with this Act;
(2) 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 specific performance goals and
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 of non-Federal funds leveraged with
Federal funds and sources of the leveraging; and
(E) grants made to any other entities during the
fiscal year;
(3) 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; and
(4) encourage economic viability and sustainability that is
consistent with the purposes of the National Heritage Area.
(c) Authorities.--For the purposes of preparing and implementing
the approved management plan, the local coordinating entity may use
Federal funds received under this Act--
(1) to make grants to political jurisdictions, nonprofit
organizations, and other parties within the National Heritage
Area;
(2) to enter into cooperative agreements with or provide
technical assistance to political jurisdictions, nonprofit
organizations, Federal agencies, and other interested parties;
(3) to hire and compensate staff, including individuals
with expertise in--
(A) natural, historical, cultural, educational,
scenic, and recreational resource conservation;
(B) economic and community development; and
(C) heritage planning;
(4) to obtain funds or services from any source, including
other Federal programs;
(5) to contract for goods or services; and
(6) to support activities of partners and any other
activities that further the purposes of the National Heritage
Area and are consistent with the approved management plan.
(d) 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. 7. MANAGEMENT PLAN.
(a) Requirements.--The management plan shall--
(1) describe comprehensive policies, goals, strategies, and
recommendations for telling the story of the heritage of the
area covered by the National Heritage Area and encouraging
long-term resource protection, enhancement, interpretation,
funding, management, and development of the National Heritage
Area;
(2) include a description of actions and commitments that
Federal, State, and local governments, private organizations,
and citizens plan to take to protect, enhance, interpret, fund,
manage, and develop the natural, historical, cultural,
educational, scenic, and recreational resources of the National
Heritage Area;
(3) specify existing and potential sources of funding or
economic development strategies to protect, enhance, interpret,
fund, manage, and develop the National Heritage Area;
(4) include an inventory of the natural, historical,
cultural, educational, scenic, and recreational resources of
the National Heritage Area related to the national importance
and themes of the National Heritage Area that should be
protected, enhanced, interpreted, funded, managed, and
developed;
(5) include recommendations for resource management
policies and strategies, including the development of
intergovernmental and interagency agreements to protect,
enhance, interpret, fund, manage, and develop the natural,
historical, cultural, educational, scenic, and recreational
resources of the National Heritage Area;
(6) describe a program for implementation of the management
plan, including--
(A) performance goals;
(B) plans for resource protection, enhancement,
interpretation, funding, management, and development;
and
(C) specific commitments for implementation that
have been made by the local coordinating entity or any
Federal, State, or local government agency,
organization, business, or individual;
(7) include an analysis of, and recommendations for, means
by which Federal, State, and local programs may best be
coordinated (including the role of the National Park Service
and other Federal agencies associated with the National
Heritage Area) to further the purposes of this Act; and
(8) 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.
(b) Deadline.--
(1) In general.--Not later than 3 years after the date on
which funds are made available pursuant to this Act to develop
the management plan, the local coordinating entity shall submit
the management plan to the Secretary for approval.
(2) Termination of funding.--If the management plan is not
submitted to the Secretary in accordance with paragraph (1),
the local coordinating entity may not receive any additional
financial assistance under this Act until such time as the
management plan is submitted to and approved by the Secretary.
(c) Approval of Management Plan.--
(1) Review.--Not later than 180 days after receiving the
management plan, the Secretary shall review and approve or
disapprove the management plan on the basis of the criteria
listed in paragraph (3).
(2) Consultation.--The Secretary shall consult with the
Governor of Alabama before approving a management plan.
(3) Criteria for approval.--In determining whether to
approve a management plan, the Secretary shall consider
whether--
(A) the local coordinating entity--
(i) represents the diverse interests of the
National Heritage Area, including Federal,
State, and local governments, natural, and
historical resource protection organizations,
educational institutions, businesses,
recreational organizations, community
residents, and private property owners;
(ii) has afforded adequate opportunity for
public and Federal, State, and local
governmental involvement (including through
workshops and public meetings) in the
preparation of the management plan;
(iii) provides for at least semiannual
public meetings to ensure adequate
implementation of the management plan; and
(iv) has demonstrated the financial
capability, in partnership with others, to
carry out the management plan;
(B) the management plan--
(i) describes resource protection,
enhancement, interpretation, funding,
management, and development strategies which,
if implemented, would adequately protect,
enhance, interpret, fund, manage, and develop
the natural, historical, cultural, educational,
scenic, and recreational resources of the
National Heritage Area;
(ii) would not adversely affect any
activities authorized on Federal land under
public applicable laws or land use plans;
(iii) demonstrates partnerships among the
local coordinating entity, Federal, State, and
local governments, regional planning
organizations, nonprofit organizations, and
private sector parties for implementation of
the management plan; and
(iv) complies with the requirements of this
section; and
(C) the Secretary has received adequate assurances
from the appropriate State and local officials whose
support is needed that the State and local aspects of
the management plan will be effectively implemented.
(4) 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 approved
management plan that substantially alters such plan
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 received under this Act to
implement a substantial amendment to the management
plan until the Secretary approves the amendment.
(6) Authorities.--The Secretary may--
(A) provide technical assistance under the
authority of this Act for the development and
implementation of the management plan; and
(B) enter into cooperative agreements with
interested parties to carry out this Act.
SEC. 8. EVALUATION; REPORT.
(a) Evaluation.--The Secretary shall conduct an evaluation of the
accomplishments of the National Heritage Area. An evaluation conducted
under this subsection shall--
(1) assess the progress of the local coordinating entity
with respect to--
(A) accomplishing the purposes of this Act for the
National Heritage Area; and
(B) achieving the goals and objectives of the
approved management plan;
(2) analyze the Federal, State, and local government, and
private investments 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.
(b) Report.--Not later than 3 years before the date on which
authority for Federal funding terminates for the National Heritage Area
under this Act, based on the evaluation conducted under subsection (a),
the Secretary shall submit a report to the Committee on Natural
Resources of the House of Representatives and the Committee on Energy
and Natural Resources of the Senate. The report shall include
recommendations for the future role of the National Park Service, if
any, with respect to the National Heritage Area.
SEC. 9. 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 regulation
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. 10. PRIVATE PROPERTY 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
National Heritage Area;
(2) requires any property owner to permit public access
(including access by Federal, State, Tribal, 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, Tribal, 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, or conveys any land use or
other regulatory authority to any local coordinating entity,
including development and management of energy, water, or
water-related infrastructure;
(4) authorizes or implies the reservation or appropriation
of water or water rights;
(5) diminishes the authority of the State to manage fish
and wildlife, including the regulation of fishing and hunting
within the National Heritage Area; or
(6) 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. 11. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations.--Subject to subsection (b),
there are authorized to be appropriated to carry out this Act not more
than $1,000,000 for any fiscal year. Funds so appropriated shall remain
available until expended.
(b) Limitation on Total Amounts Appropriated.--Not more than
$15,000,000 may be appropriated to carry out this Act.
(c) Cost-Sharing Requirement.--The Federal share of the total cost
of any activity under this Act shall be not more than 50 percent. The
non-Federal contribution may be in the form of in-kind contributions of
goods or services fairly valued.
SEC. 12. USE OF FEDERAL FUNDS FROM OTHER SOURCES.
Nothing in this Act shall preclude the local coordinating entity
from using Federal funds available under other laws for the purposes
for which those funds were authorized.
SEC. 13. TERMINATION OF FINANCIAL ASSISTANCE.
The authority of the Secretary to provide financial assistance
under this Act terminates on the date that is 15 years after the date
of the enactment of this Act.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Natural Resources.
Referred to the Subcommittee on National Parks, Forests and Public Lands.
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