Maritime Washington National Heritage Area Act - Establishes the Maritime Washington National Heritage Area in Whatcom, Skagit, Snohomish, San Juan, Island, King, Pierce, Thurston, Mason, Kitsap, Jefferson, Clallam, and Grays Harbor Counties in the state of Washington.
Designates the Pacific Northwest Maritime Heritage Advisory Council operating under the Washington Trust for Historic Preservation as the local coordinating entity for the Heritage Area.
Requires the Council to submit a management plan for the Heritage Area.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5038 Introduced in House (IH)]
113th CONGRESS
2d Session
H. R. 5038
To establish the Maritime Washington National Heritage Area in the
State of Washington, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 9, 2014
Mr. Kilmer (for himself and Mr. Heck of Washington) introduced the
following bill; which was referred to the Committee on Natural
Resources
_______________________________________________________________________
A BILL
To establish the Maritime Washington National Heritage Area in the
State of Washington, 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.
This Act may be cited as the ``Maritime Washington National
Heritage Area Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Heritage area.--The term ``Heritage Area'' means the
Maritime Washington National Heritage Area established by
section 4.
(2) Local coordinating entity.--The term ``local
coordinating entity'' means the local coordinating entity for
the Heritage Area designated by section 4(b).
(3) Management plan.--The term ``management plan'' means
the management plan for the Heritage Area specified in section
6.
(4) Map.--The term ``map'' means the undated overview map
entitled ``Washington State Maritime Heritage Area Proposed
Boundary'' and the associated index maps.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) State.--The term ``State'' means the State of
Washington.
SEC. 3. PURPOSES.
The purposes of this Act are--
(1) to encourage and strengthen partnerships and
collaboration among maritime interests for the purpose of
economic development and heritage tourism;
(2) to recognize that waterfronts are both a foundational
part of Washington's heritage and dynamic places that are
constantly adapting to new opportunities and challenges;
(3) to recognize, interpret, and conserve the diverse and
abundant nationally significant maritime-related objects,
sites, structures, places, events, and activities that
collectively form a distinctive landscape in western Washington
State's ports and coastal communities;
(4) to recognize and interpret the impact of this
nationally important maritime landscape on Native American and
European-American heritage;
(5) to preserve landscapes, communities, traditions,
historic sites, and natural features in the Heritage Area
associated with this maritime history;
(6) to promote heritage, cultural, and recreational
tourism, and to develop educational, interpretive,
recreational, and cultural programs through partnerships for
the benefit of visitors and the general public; and
(7) to provide appropriate linkages between Federal, State,
and local historic sites, and communities, governments,
businesses, organizations, and individuals that stimulate
appropriate and compatible economic vitality within the
Heritage Area, without modifying the authority of any State,
tribal, or local government to regulate land use, public land
policy, or private activity.
SEC. 4. MARITIME WASHINGTON NATIONAL HERITAGE AREA.
(a) Establishment.--There is established the Maritime Washington
National Heritage Area in the counties of Whatcom, Skagit, Snohomish,
San Juan, Island, King, Pierce, Thurston, Mason, Kitsap, Jefferson,
Clallam, and Grays Harbor in the State of Washington.
(b) Boundaries.--
(1) In general.--The Heritage Area shall consist of
Federal, State, local, and tribal lands that allow public
access and are at least partly located within one-quarter mile
landward of the shoreline, as generally depicted on the map.
(2) Revision.--The boundaries of the Heritage Area may be
revised if the revision is--
(A) proposed in the management plan;
(B) approved by the Secretary in accordance with
section 5; and
(C) placed on file in accordance with paragraph 3.
(3) 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 local coordinating entity.
(4) Local coordinating entity.--The local coordinating
entity for the Heritage Area shall be the Pacific Northwest
Maritime Heritage Advisory Council, operating under the
Washington Trust for Historic Preservation.
SEC. 5. DUTIES AND AUTHORITIES OF THE 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 6, a management plan for the Heritage Area;
(2) assist willing partners, such as units of State, local,
and tribal governments, regional planning organizations and
private organizations, in implementing the approved management
plan by--
(A) advocating for and carrying out programs and
projects that recognize and protect important resource
values within the Heritage Area;
(B) promoting, developing, and maintaining
interpretive exhibits and programs within the Heritage
Area;
(C) promoting or developing recreational and
educational opportunities in the Heritage Area;
(D) increasing public awareness of, and
appreciation for, natural, historic, scenic,
recreational, and cultural resources of the Heritage
Area;
(E) advocating for the protection and preservation
of historic sites, structures, objects, 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, businesses, 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) undertake an open and transparent process for the
development and implementation of the management plan by
holding regular public meetings;
(5) submit an annual report to the Secretary for each
fiscal year in which the local coordinating entity receives
Federal funds under this Act specifying--
(A) the 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 leveraged with Federal funds and
sources of the leveraged funds;
(E) grants made to any other entities during the
fiscal year; and
(F) critical components for sustainability of the
Heritage Area;
(6) make available for audit for any fiscal year for which
the local coordinating entity receives Federal funds under this
Act, all information pertaining to the expenditure of such
funds and any matching funds;
(7) 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 such funds; and
(8) encourage and strengthen partnerships and collaboration
among maritime interests, by appropriate means, for economic
development and heritage tourism 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 the 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. 6. 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 the conservation, funding, management,
interpretation, and development of the Heritage Area;
(2) take into consideration existing State 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 individuals 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 conserve, 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
Heritage Area 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) an approximate timeline for implementation;
(C) specific commitments for implementation; and
(D) how the plan will be evaluated and updated;
(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) provide recommendations for educational and
interpretive programs to inform the public about the resources
of 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 contained in the management
plan;
(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; and
(C) describes goals and recommendations for
sustainability of the coordinating entity through the
term of the legislation.
(c) Termination of Funding.--If the management plan is not
submitted to the Secretary in accordance with this section, the local
coordinating entity shall not qualify for additional financial
assistance under this Act until such time as 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) Criteria for approval.--In determining the approval of
the management plan, the Secretary shall consider whether--
(A) the local coordinating entity represents the
diverse interests of the Heritage Area, including
governments, resource-related organizations,
educational institutions, ports, businesses, community
residents, and recreational organizations;
(B) the local coordinating entity has afforded
adequate opportunity for public and governmental
involvement (including workshops and public meetings)
in the preparation of the management plan;
(C) the conservation and interpretation strategies
described in the management plan, if implemented, are
compatible and consistent with this Act;
(D) the management plan would not adversely affect
any activities authorized on Federal, State, local, or
tribal lands 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;
(F) the local coordinating entity has identified
existing and potential sources of funding for
implementing the management plan in partnership with
others; and
(G) provisions for long-term sustainability of the
Heritage Area are in place.
(3) 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.
(4) Amendments.--
(A) In general.--An amendment to the management
plan that substantially alters the management 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 authorized to be
appropriated by this Act to implement any amendment to
the management plan until the Secretary approves the
amendment.
SEC. 7. 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 organizations 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 historic and
cultural maritime-related resources of the Heritage
Area; and
(B) providing educational, interpretive, and
recreational opportunities for the public 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 components.--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) Recommendations.--
(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. 8. RELATIONSHIP TO OTHER FEDERAL AGENCIES.
(a) In General.--Nothing in this Act affects the authority of any
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 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. 9. 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, State,
tribal, or local government access) to the property; or
(B) modify any provisions of Federal, State,
tribal, 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. 10. 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 $500,000 shall be made
available for any fiscal year.
(b) Availability.--Funds made available under subsection (a) shall
remain available until expended.
(c) Cost-Sharing Requirement.--
(1) In general.--The Federal share of the total cost of any
activity under this section 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. 11. 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 enactment of the Act.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Natural Resources.
Referred to the Subcommittee on Public Lands and Environmental Regulation.
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