[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5747 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 5747
To establish the St. Croix National Heritage Area, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 3, 2020
Ms. Plaskett (for herself, Miss Gonzalez-Colon of Puerto Rico, Mrs.
Radewagen, and Mr. San Nicolas) introduced the following bill; which
was referred to the Committee on Natural Resources
_______________________________________________________________________
A BILL
To establish the St. Croix 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.
This Act may be cited as the ``St. Croix National Heritage Area
Act''.
SEC. 2. ST. CROIX NATIONAL HERITAGE AREA.
(a) Definitions.--In this section:
(1) Heritage area.--The term ``Heritage Area'' means the
St. Croix National Heritage Area established by subsection
(b)(1).
(2) Local coordinating entity.--The term ``local
coordinating entity'' means the local coordinating entity for
the Heritage Area designated by subsection (b)(4).
(3) Management plan.--The term ``management plan'' means
the management plan for the Heritage Area required under
subsection (d).
(4) Map.--The term ``map'' means the map entitled
``Proposed St. Croix National Heritage Area'' and dated
________.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) St. croix.--The term ``St. Croix'' means St. Croix,
Virgin Islands of the United States.
(7) State.--The term ``State'' means the Virgin Islands of
the United States.
(b) St. Croix National Heritage Area.--
(1) Establishment.--There is established in the State the
St. Croix National Heritage Area.
(2) Conceptual boundaries.--The Heritage Area shall consist
of the island of St. Croix.
(3) Map.--A map of the Heritage Area shall be--
(A) included in the management plan; and
(B) on file and available for public inspection in
the appropriate offices of the National Park Service.
(4) Local coordinating entity.--
(A) In general.--The local coordinating entity for
the Heritage Area shall be the Virgin Islands State
Historic Preservation Office.
(B) Consultation requirement.--The Virgin Islands
State Historic Preservation Office shall consult with a
broad cross section of public, private, and
nongovernmental sectors including businesses,
individuals, agencies, and organizations that were
involved in the planning and development of the
Heritage Area before the date of the enactment of this
Act.
(c) Administration.--
(1) Authorities.--For purposes of carrying out the
management plan, the Secretary, acting through the local
coordinating entity, may use amounts made available under this
section to--
(A) make grants to the State or a subdivision of
the State, nonprofit organizations, and other persons;
(B) enter into cooperative agreements with, or
provide technical assistance to, the State or a
subdivision of the State, nonprofit organizations, and
other interested parties;
(C) hire and compensate staff, which shall include
individuals with expertise in natural, cultural, and
historical resources protection, and heritage
programming;
(D) obtain money or services from any source
including any that are provided under any other Federal
law or program;
(E) contract for goods or services; and
(F) undertake to be a catalyst for any other
activity that furthers the Heritage Area and is
consistent with the approved management plan.
(2) Duties.--The local coordinating entity shall--
(A) in accordance with subsection (d), prepare and
submit a management plan for the Heritage Area to the
Secretary;
(B) assist units of local government, regional
planning organizations, and nonprofit organizations in
carrying out the approved management plan by--
(i) carrying out programs and projects that
recognize, protect, and enhance important
resource values in the Heritage Area;
(ii) establishing and maintaining
interpretive exhibits and programs in the
Heritage Area;
(iii) developing recreational and
educational opportunities in the Heritage Area;
(iv) increasing public awareness of, and
appreciation for, natural, historical, scenic,
and cultural resources of the Heritage Area;
(v) protecting and restoring historic sites
and buildings in the Heritage Area that are
consistent with Heritage Area themes;
(vi) ensuring that clear, consistent, and
appropriate signs identifying points of public
access, and sites of interest are posted
throughout the Heritage Area; and
(vii) promoting a wide range of
partnerships among governments, organizations,
and individuals to further the Heritage Area;
(C) 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;
(D) conduct meetings open to the public at least
semiannually regarding the development and
implementation of the management plan;
(E) for any year that Federal funds have been
received under this section--
(i) submit an annual report to the
Secretary 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);
(ii) make available to the Secretary for
audit all records relating to the expenditure
of the funds and any matching funds; and
(iii) require, with respect to all
agreements authorizing expenditure of Federal
funds by other organizations, that the
organizations receiving the funds make
available to the Secretary for audit all
records concerning the expenditure of the
funds; and
(F) encourage by appropriate means economic
viability that is consistent with the Heritage Area.
(3) Prohibition on the acquisition of real property.--The
local coordinating entity shall not use Federal funds made
available under this section to acquire real property or any
interest in real property.
(d) Management Plan.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the local coordinating entity shall
submit to the Secretary for approval a proposed management plan
for the Heritage Area.
(2) Requirements.--The management plan shall--
(A) incorporate an integrated and cooperative
approach for the protection, enhancement, and
interpretation of the natural, cultural, historic,
scenic, and recreational resources of the Heritage
Area;
(B) take into consideration State plans;
(C) include--
(i) an inventory of--
(I) the resources located in the
core area described in subsection
(b)(2); and
(II) any other property in the core
area that--
(aa) is related to the
themes of the Heritage Area;
and
(bb) should be preserved,
restored, managed, or
maintained because of the
significance of the property;
(ii) describe comprehensive policies,
goals, strategies and recommendations for
telling the story of the heritage of the area
covered by the designation and encouraging
long-term resource protection, enhancement,
interpretation, funding, management, and
development;
(iii) a description of actions that
governments, private organizations, and
individuals have agreed to take to protect the
natural, historical and cultural resources of
the Heritage Area;
(iv) 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
government, organization, or individual
for the first 5 years of operation;
(v) the identification of sources of
funding for carrying out the management plan;
(vi) analysis and recommendations for means
by which State and Federal programs may best be
coordinated to carry out this section; and
(vii) a business plan that describes the
role, operation, financing, and functions of
the local coordinating entity and of each of
the major activities contained in the
management plan and provides adequate
assurances that the local coordinating entity
has the partnerships and financial and other
resources necessary to implement the management
plan for the National Heritage Area; and
(D) 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 Heritage Area.
(3) 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 section until the date that the Secretary receives and
approves the management plan.
(4) Approval or disapproval of management plan.--
(A) In general.--Not later than 180 days after the
date of receipt of the management plan under paragraph
(1), the Secretary, in consultation with the State,
shall approve or disapprove the management plan.
(B) Criteria for approval.--In determining whether
to approve the management plan, the Secretary shall
consider whether--
(i) the local coordinating entity is
representative of the diverse interests of the
Heritage Area;
(ii) the local coordinating entity has
afforded adequate opportunity, including public
hearings, for public and governmental
involvement in the preparation of the
management plan; and
(iii) the resource protection and
interpretation strategies contained in the
management plan, if implemented, would
adequately protect the natural, historical, and
cultural resources of the Heritage Area.
(C) Action following disapproval.--If the Secretary
disapproves the management plan under subparagraph (A),
the Secretary shall--
(i) advise the local coordinating entity in
writing of the reasons for the disapproval;
(ii) make recommendations for revisions to
the management plan; and
(iii) 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.
(D) Amendments.--
(i) 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.
(ii) Use of funds.--The local coordinating
entity shall not use Federal funds authorized
by this section to carry out any amendments to
the management plan until the Secretary has
approved the amendments.
(e) Relationship to Other Federal Agencies.--
(1) In general.--Nothing in this section affects the
authority of a Federal agency to provide technical or financial
assistance under any other law.
(2) Consultation and coordination.--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 to the maximum extent practicable.
(3) Other federal agencies.--Nothing in this section--
(A) modifies, alters, or amends any law or
regulation authorizing a Federal agency to manage
Federal land under the jurisdiction of the Federal
agency;
(B) limits the discretion of a Federal land manager
to implement an approved land use plan within the
boundaries of the Heritage Area; or
(C) modifies, alters, or amends any authorized use
of Federal land under the jurisdiction of a Federal
agency.
(f) Private Property and Regulatory Protections.--Nothing in this
section--
(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 Heritage Area;
(2) requires any property owner to permit public access
(including access by Federal or State 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 or State
law;
(3) alters any duly adopted land use regulation, approved
land use plan, or other regulatory authority of any Federal or
State agency, or conveys any land use or other regulatory
authority to the local coordinating entity;
(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 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.
(g) Evaluation; Report.--
(1) In general.--Not later than 3 years before the date on
which authority for Federal funding terminates for the Heritage
Area, the Secretary shall--
(A) conduct an evaluation of the accomplishments of
the Heritage Area; and
(B) prepare a report in accordance with paragraph
(3).
(2) Evaluation.--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
section 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, 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) Report.--
(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 subparagraph (A) 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 the
report, 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.
(h) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000, of which not more
than $1,000,000 may be made available for any fiscal year.
(i) Termination of Authority.--The authority of the Secretary to
provide assistance under this section terminates on the date that is 15
years after the date of enactment of this Act.
<all>
St. Croix National Heritage Area Act
#5747 | HR Congress #116
Policy Area: Public Lands and Natural Resources
Last Action: Referred to the Subcommittee on National Parks, Forests, and Public Lands. (2/4/2020)
Bill Text Source: Congress.gov
Summary and Impacts
Original Text