S 29
112th CONGRESS
1st Session
S. 29
To establish the Sacramento-San Joaquin Delta National Heritage
Area.
IN THE SENATE OF THE UNITED STATES
January 25 (legislative day, January 5), 2011
Mr. REID for Mrs. FEINSTEIN (for herself and Mrs. BOXER) introduced
the following bill; which was read twice and referred to the Committee
on Energy and Natural Resources
A BILL
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 Act.
(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 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 Heritage Area
management plan.
(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 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 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 50 percent.
(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 infrastructure;
(B) emphasizes the importance of the resources described in subparagraph
(A);
(C) take into consideration State and local plans;
(I) the resources located in the core area described in subsection
(b); 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) 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;
and
(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 subsection shall--
(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 plan.
(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 recreational organizations;
(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 Area.
(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
plan; and
(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 water rights;
(E) diminishes the authority of the State to manage fish and wildlife,
including the regulation of fishing and hunting within the Heritage
Area; or
(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 private property.
(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; 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 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 management plan;
(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.
(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; or
(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 fiscal year.
(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.
END
