Alabama Black Belt National Heritage Area Act - Establishes the Alabama Black Belt National Heritage Area in Alabama.
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 113th Congress]
[From the U.S. Government Publishing Office]
[S. 869 Introduced in Senate (IS)]
113th CONGRESS
1st Session
S. 869
To establish the Alabama Black Belt National Heritage Area, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 7, 2013
Mr. Shelby (for himself and Mr. Sessions) introduced the following
bill; which was read twice and referred to the Committee on Energy and
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. Definitions.
Sec. 3. Designation of Alabama Black Belt National Heritage Area.
Sec. 4. Local coordinating entity.
Sec. 5. Management plan.
Sec. 6. Evaluation; report.
Sec. 7. Relationship to other Federal agencies.
Sec. 8. Private property and regulatory protections.
Sec. 9. Use of Federal funds from other sources.
SEC. 2. DEFINITIONS.
In this Act:
(1) Local coordinating entity.--The term ``local
coordinating entity'' means the Center for the Study of the
Black Belt at the University of West Alabama.
(2) 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.
(3) National heritage area.--The term ``National Heritage
Area'' means the Alabama Black Belt National Heritage Area
established by this Act.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 3. 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.--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.
SEC. 4. 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 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, 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--
(1) make grants to political jurisdictions, nonprofit
organizations, and other parties within the National Heritage
Area;
(2) enter into cooperative agreements with or provide
technical assistance to political jurisdictions, nonprofit
organizations, Federal agencies, and other interested parties;
(3) 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) obtain funds or services from any source, including
other Federal programs;
(5) contract for goods or services; and
(6) 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.
SEC. 5. 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.--Not later than 3 years after the date of enactment
of this Act, the local coordinating entity shall submit the management
plan to the Secretary for approval.
(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 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. 6. 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 after the date of enactment of
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. 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.--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. 8. 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. 9. 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.
<all>
Introduced in Senate
Read twice and referred to the Committee on Energy and Natural Resources.
Committee on Energy and Natural Resources Subcommittee on National Parks. Hearings held. With printed Hearing: S.Hrg. 113-93.
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