H. R. 486
To establish the Sacramento-San Joaquin Delta National Heritage Area.
IN THE HOUSE OF REPRESENTATIVES
January 26, 2011
Mr. GARAMENDI (for himself, Ms. MATSUI, Mr. MCNERNEY, Mr. GEORGE MILLER of
California, and Mr. THOMPSON of California) introduced the following bill;
which was referred to the Committee on Natural Resources
To establish the Sacramento-San Joaquin Delta National Heritage Area.
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 `Sacramento-San Joaquin Delta National Heritage
Area Establishment Act'.
SEC. 2. DEFINITIONS.
(1) HERITAGE AREA- The term `Heritage Area' means the Sacramento-San Joaquin
Delta Heritage Area established by section 3(a).
(2) HERITAGE AREA MANAGEMENT PLAN- The term `Heritage Area management plan'
means the plan developed and adopted by the management entity under this
(3) MANAGEMENT ENTITY- The term `management entity' means the management
entity for the Heritage Area designated by section 3(d).
(4) SECRETARY- The term `Secretary' means the Secretary of the Interior.
(5) STATE- The term `State' means the State of California.
SEC. 3. SACRAMENTO-SAN JOAQUIN DELTA HERITAGE AREA.
(a) Establishment- There is established the `Sacramento-San Joaquin Delta
Heritage Area' in the State.
(b) Boundaries- The boundaries of the Heritage Area shall be in the counties
of Contra Costa, Sacramento, San Joaquin, Solano, and Yolo in the State of
California, as generally depicted on the map entitled `Sacramento-San Joaquin
Delta National Heritage Area Proposed Boundary', numbered T27/105,030, and
dated September 2010.
(c) Availability of Map- The map described in subsection (b) shall be on file
and available for public inspection in the appropriate offices of the National
Park Service and the Delta Protection Commission.
(d) Management Entity- The management entity for the Heritage Area shall be
the Delta Protection Commission established by section 29735 of the California
Public Resources Code.
(1) AUTHORITIES- For purposes of carrying out the Heritage Area management
plan, the Secretary, acting through the management entity, may use amounts
made available under this Act to--
(A) make grants to the State or a political subdivision of the State,
nonprofit organizations, and other persons;
(B) enter into cooperative agreements with, or provide technical assistance
to, the State or a political 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
(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 Heritage Area management
(2) DUTIES- The management entity shall--
(A) in accordance with subsection (f), prepare and submit a Heritage Area
management plan to the Secretary;
(B) assist units of local government, regional planning organizations,
and nonprofit organizations in carrying out the approved Heritage Area
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
(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 Heritage Area management plan;
(D) conduct meetings open to the public at least semiannually regarding
the development and implementation of the Heritage Area management plan;
(E) for any year that Federal funds have been received under this Act--
(i) submit an annual report to the Secretary that describes the activities,
expenses, and income of the management 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;
(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 management entity
shall not use Federal funds made available under this Act to acquire real
property or any interest in real property.
(4) COST-SHARING REQUIREMENT- The Federal share of the cost of any activity
carried out using any assistance made available under this Act shall be
(f) Heritage Area Management Plan-
(1) IN GENERAL- Not later than 3 years after the date of enactment of this
Act, the management entity shall submit to the Secretary for approval a
proposed Heritage Area management plan.
(2) REQUIREMENTS- The Heritage Area management plan shall--
(A) incorporate an integrated and cooperative approach to agricultural
resources and activities, flood protection facilities, and other public
(B) emphasizes the importance of the resources described in subparagraph
(C) take into consideration State and local plans;
(I) the resources located in the core area described in subsection
(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) comprehensive policies, strategies and recommendations for conservation,
funding, management, and development of the Heritage Area;
(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 Heritage Area management plan
by the management entity that includes a description of--
(I) actions to facilitate ongoing collaboration among partners to
promote plans for resource protection, restoration, and construction;
(II) specific commitments for implementation that have been made by
the management 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 Heritage
Area management plan;
(vi) analysis and recommendations for means by which local, State, and
Federal programs, including the role of the National Park Service in
the Heritage Area, may best be coordinated to carry out this Act; and
(vii) an interpretive plan for the Heritage Area; and
(E) 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) RESTRICTIONS- The Heritage Area management plan submitted under this
(A) ensure participation by appropriate Federal, State, tribal, and local
agencies, including the Delta Stewardship Council, special districts,
natural and historical resource protection and agricultural organizations,
educational institutions, businesses, recreational organizations, community
residents, and private property owners; and
(B) not be approved until the Secretary has received certification from
the Delta Protection Commission that the Delta Stewardship Council has
reviewed the Heritage Area management plan for consistency with the plan
adopted by the Delta Stewardship Council pursuant to State law.
(4) DEADLINE- If a proposed Heritage Area management plan is not submitted
to the Secretary by the date that is 3 years after the date of enactment
of this Act, the management entity shall be ineligible to receive additional
funding under this Act until the date that the Secretary receives and approves
the Heritage Area management plan.
(5) APPROVAL OR DISAPPROVAL OF HERITAGE AREA MANAGEMENT PLAN-
(A) IN GENERAL- Not later than 180 days after the date of receipt of the
Heritage Area management plan under paragraph (1), the Secretary, in consultation
with the State, shall approve or disapprove the Heritage Area management
(B) CRITERIA FOR APPROVAL- In determining whether to approve the Heritage
Area management plan, the Secretary shall consider whether--
(i) the management entity is representative of the diverse interests
of the Heritage Area, including governments, natural and historic resource
protection organizations, educational institutions, businesses, and
(ii) the management entity has afforded adequate opportunity, including
public hearings, for public and governmental involvement in the preparation
of the Heritage Area management plan; and
(iii) the resource protection and interpretation strategies contained
in the Heritage Area management plan, if implemented, would adequately
protect the natural, historical, and cultural resources of the Heritage
(C) ACTION FOLLOWING DISAPPROVAL- If the Secretary disapproves the Heritage
Area management plan under subparagraph (A), the Secretary shall--
(i) advise the management entity in writing of the reasons for the disapproval;
(ii) make recommendations for revisions to the Heritage Area management
(iii) not later than 180 days after the receipt of any proposed revision
of the Heritage Area management plan from the management entity, approve
or disapprove the proposed revision.
(i) IN GENERAL- The Secretary shall approve or disapprove each amendment
to the Heritage Area management plan that the Secretary determines make
a substantial change to the Heritage Area management plan.
(ii) USE OF FUNDS- The management entity shall not use Federal funds
authorized by this Act to carry out any amendments to the Heritage Area
management plan until the Secretary has approved the amendments.
(g) Relationship to Other Federal Agencies-
(1) IN GENERAL- Nothing in this Act 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 management
entity to the maximum extent practicable.
(3) OTHER FEDERAL AGENCIES- Nothing in this Act--
(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.
(h) Private Property and Regulatory Protections-
(1) IN GENERAL- Subject to paragraph (2), nothing in this Act--
(A) 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;
(B) requires any property owner to permit public access (including access
by Federal, State, 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, or local law;
(C) alters any duly adopted land use regulation, approved land use plan,
or other regulatory authority of any Federal, State or local agency, or
conveys any land use or other regulatory authority to the management entity;
(D) authorizes or implies the reservation or appropriation of water or
(E) diminishes the authority of the State to manage fish and wildlife,
including the regulation of fishing and hunting within the Heritage Area;
(F) creates any liability, or affects any liability under any other law,
of any private property owner with respect to any person injured on the
(2) OPT OUT- An owner of private property within the Heritage Area may opt
out of participating in any plan, project, program, or activity carried
out within the Heritage Area under this Act, if the property owner provides
written notice to the management entity.
(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;
(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 management 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 Heritage Area
(B) analyze the Federal, State, local, and private investments in the
Heritage Area to determine the leverage and impact of the investments;
(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.
(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.
(j) Effect of Designation- Nothing in this Act--
(1) precludes the management entity from using Federal funds made available
under other laws for the purposes for which those funds were authorized;
(2) affects any water rights or contracts.
SEC. 4. 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 $1,000,000 may be made available for any
(b) Cost-Sharing Requirement- The Federal share of the total cost of any activity
under this Act shall be determined by the Secretary, but shall be not more
than 50 percent.
(c) Non-Federal Share- The non-Federal share of the total cost of any activity
under this Act may be in the form of in-kind contributions of goods or services.
SEC. 5. TERMINATION OF AUTHORITY.
(a) In General- If a proposed Heritage Area management plan has not been submitted
to the Secretary by the date that is 5 years after the date of enactment of
this Act, the Heritage Area designation shall be rescinded.
(b) Funding 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.