HR 5279 - Baltimore National Heritage Area Act

HR 5279

110th CONGRESS
2d Session

H. R. 5279

To establish the Baltimore National Heritage Area in the State of Maryland, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

February 7, 2008

Mr. CUMMINGS (for himself, Mr. SARBANES, Mr. VAN HOLLEN, and Mr. WYNN) introduced the following bill; which was referred to the Committee on Natural Resources

A BILL

To establish the Baltimore National Heritage Area in the State of Maryland, 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 `Baltimore National Heritage Area Act'.

SEC. 2. FINDINGS.

Congress finds the following:

(1) The City of Baltimore contains 24 National Historic Landmarks, 53,000 buildings listed in 52 National Register Historic Districts, 8,000 buildings in 30 local historic districts, and 12 Chesapeake Bay Gateways, nestled in an unparalleled system of parks and waterways, and connected by 5 Maryland Scenic Byways and an All-American Road.

(2) The Battle of Baltimore represented the definitive end of the American Revolution, secured United States sovereignty, and gave the country 2 enduring symbols: the United States flag and the poem by Francis Scott Key that became our national anthem, `The Star-Spangled Banner'.

(3) The proposed Baltimore National Heritage Area will tell 2 of the most significant national heritage stories at the locus of black history and the transformative effects of education, which are the following:

(A) Frederick Douglass, who while as a slave learned to read in Baltimore and credited his time in the city as the foundation for his accomplishments; and

(B) Thurgood Marshall, whose public school education in Baltimore led directly to his unparalleled contributions to civil rights as an attorney in Baltimore and as a United States Supreme Court Justice.

(4) Between the early 1800s and the mid 1900s, about 2,000,000 immigrants landed in Baltimore, second only to New York, as a major port of entry into the United States.

(5) In 1811, the Nation's first federally funded interstate transportation route, the National Road, begun its journey from Baltimore to the west.

(6) Baltimore is the farthest inland east coast port, closest to the Nation's interior. The Chesapeake Bay, the continent's largest estuary, is a magnificent, fertile, natural resource. This special mix gave rise to the largest city in the 6 States of the Chesapeake region, with a cultural landscape unique among world port cities.

(7) Although Baltimore is a largely urban environment, a number of important natural and recreational resources can be found within the proposed National Heritage Area boundaries. Beginning with the first city park in 1827, Patterson Park, the city's natural and recreational resources enjoy a noteworthy history. Most remarkable is the city's acquisition, beginning in 1860, of 7 large estates that created the base for the current park system, including Leakin Park that is one of the largest urban wilderness parks remaining on the East Coast.

(8) The Baltimore City Heritage Area is a State heritage area designated by the State of Maryland in 2001.

(9) The `Feasibility Study for a Baltimore National Heritage Area', dated December 2006, found that the proposed area met the National Park Service's interim criteria for national heritage area designation.

SEC. 3. DEFINITIONS.

In this Act:

(1) HERITAGE AREA- The term `Heritage Area' means the Baltimore National Heritage Area, established in section 4.

(2) LOCAL COORDINATING ENTITY- The term `local coordinating entity' means the local coordinating entity for the Heritage Area designated by section 4(d).

(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 map titled `Baltimore National Heritage Area', numbered T10/80,000, and dated October 2007.

(5) SECRETARY- The term `Secretary' means the Secretary of the Interior.

(6) STATE- The term `State' means the State of Maryland.

SEC. 4. BALTIMORE NATIONAL HERITAGE AREA.

(a) Establishment- There is established the Baltimore National Heritage Area in the State.

(b) Boundaries- The Heritage Area shall be comprised of the following, as depicted on the map:

(1) The area encompassing the Baltimore City Heritage Area certified by the Maryland Heritage Areas Authority in October 2001 as part of the Baltimore City Heritage Area Management Action Plan.

(2) The Mount Auburn Cemetery.

(3) The Cylburn Arboretum.

(4) The Middle Branch of the Patapsco River and surrounding shoreline, including--

(A) the Cruise Maryland Terminal;

(B) new marina construction;

(D) the Westport Redevelopment;

(E) the Gwynns Falls Trail;

(F) the Baltimore Rowing Club; and

(G) the Masonville Cove Environmental Center.

(c) Availability of Map- The map shall be on file and available for public inspection in the appropriate offices of the National Park Service, Department of the Interior, and the Baltimore Heritage Area Association.

(d) Local Coordinating Entity- The Baltimore Heritage Area Association shall be the local coordinating entity for the Heritage Area.

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 a management plan for the Heritage Area to the Secretary in accordance with section 6;

(2) assist units of local government, regional planning organizations, and nonprofit organizations in implementing the approved management plan by--

(A) carrying out programs and projects that recognize, protect, and enhance important resource values within the Heritage Area;

(B) establishing and maintaining interpretive exhibits and programs within the Heritage Area;

(D) increasing public awareness of and appreciation for natural, historical, scenic, and cultural resources of the Heritage Area;

(E) protecting and restoring historic sites and buildings in the Heritage Area that are consistent with heritage area themes;

(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, 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) conduct meetings open to the public at least semi-annually regarding the development and implementation of the management plan;

(5) submit an annual report to the Secretary for any fiscal year in which the local coordinating entity receives Federal funds under this Act, setting forth its accomplishments, expenses, and income, amounts and sources of matching funds, amounts leveraged with Federal funds and sources of such leveraging, and grants made to any other entities during the year for which the report is made;

(6) make available for audit for any fiscal year in which it receives Federal funds under this Act, all information pertaining to the expenditure of such funds and any matching funds, and require in all agreements authorizing expenditures of Federal funds by other organizations, that the receiving organizations make available for such audit all records and other information pertaining to the expenditure of such funds; and

(7) encourage, by appropriate means, economic development that is 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 for the Heritage Area, use Federal funds made available through this Act to--

(1) make grants to the State, its political subdivisions, nonprofit organizations, and other persons;

(2) enter into cooperative agreements with or provide technical assistance to the State, its subdivisions, nonprofit organizations, Federal agencies, and other interested parties;

(3) hire and compensate staff;

(4) obtain money or services from any source including any that are 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 real property.

SEC. 6. MANAGEMENT PLAN.

(a) In General- The management plan for the Heritage Area shall--

(1) describe comprehensive policies, goals, strategies, and recommendations for telling the story of the region's heritage and encouraging long-term resource protection, enhancement, interpretation, funding, management, and development of the Heritage Area;

(2) take into consideration existing State, county, and local plans in the development of the management plan and its implementation;

(3) include a description of actions and commitments that governments, private organizations, and citizens 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 protect, enhance, interpret, fund, manage, and develop the Heritage Area;

(5) include an inventory of the natural, historical, cultural, educational, scenic, and recreational resources of the Heritage Area related to the stories and themes of the region 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 Heritage Area's natural, historical, cultural, educational, scenic, and recreational resources;

(7) describe a program of implementation for the management plan, including--

(A) performance goals;

(B) plans for resource protection, enhancement, interpretation; and

(C) specific commitments for implementation that have been made by the local coordinating entity or any government, organization, business, or individual;

(8) include an analysis and recommendations for ways in which local, State, Tribal, and Federal 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) include an interpretive plan for 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; and

(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.

(b) Deadline and Termination of Funding-

(1) DEADLINE- The local coordinating entity shall submit the management plan to the Secretary for approval not later than 3 years after the date on which any funds are made available for this purpose after designation as a Heritage Area.

(2) TERMINATION OF FUNDING- If the management plan is not submitted to the Secretary in accordance with this subsection, the local coordinating entity shall not qualify for additional financial assistance under this Act until the management plan is submitted to and approved by the Secretary.

SEC. 7. DUTIES AND AUTHORITIES OF THE SECRETARY.

(a) Technical and Financial Assistance-

(1) IN GENERAL- The Secretary may, upon the request of the local coordinating entity, provide technical and financial assistance on a reimbursable or non-reimbursable basis (as determined by the Secretary) to the Heritage Area to develop and implement the management plan.

(2) PRIORITY ACTIONS- In assisting the Heritage Area, the Secretary shall give priority to actions that in general assist in--

(A) conserving the significant natural, historical, cultural, and scenic resources of the Heritage Area; and

(B) providing educational, interpretive, and recreational opportunities consistent with the purposes of the Heritage Area.

(3) COOPERATIVE AGREEMENTS- The Secretary is authorized to enter into cooperative agreements with the local coordinating entity and other public or private entities to carrying out this subsection.

(b) Approval of Management Plan-

(1) REVIEW- The Secretary shall approve or disapprove the management plan not later than 180 days after receiving the management plan.

(2) CONSULTATION- The Secretary shall consult with the Governor of any State and Tribal government in which the Heritage Area is located prior to approving any management plan.

(3) CRITERIA FOR APPROVAL- In determining the approval of the management plan, the Secretary shall consider whether--

(A) the local coordinating entity will be representative of the diverse interests of the Heritage Area, including governments, natural and historic resource protection organizations, educational institutions, 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 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;

(D) the management plan would not adversely affect any activities authorized on Federal or Tribal lands under applicable laws or pursuant to 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; and

(F) the local coordinating entity has demonstrated the financial capability, in partnership with others, to carry out the plan.

(4) ACTION FOLLOWING DISAPPROVAL- If the Secretary disapproves the management plan, the Secretary shall advise the local coordinating entity in writing of the reasons and may make recommendations for revisions to the management plan. The Secretary shall approve or disapprove a proposed revision not later than 180 days after it is resubmitted.

(5) APPROVAL OF AMENDMENTS- Substantial amendments to the management plan shall be reviewed by the Secretary and approved in the same manner as provided for the original management plan. The local coordinating entity may not use Federal funds authorized by this Act to implement any amendments until the Secretary has approved the amendments.

(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 conduct an evaluation of the accomplishments of the Heritage Area and prepare a report with recommendations for the National Park Service's future role, if any, with respect to the Heritage Area.

(2) EVALUATION COMPONENTS- An evaluation prepared under paragraph (1) shall--

(A) assess the progress of the local coordinating entity with respect to--

(i) accomplishing the purposes of the authorizing legislation 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- Based upon the evaluation under paragraph (1), the Secretary shall prepare a report with recommendations for the National Park Service's future role, if any, with respect to the Heritage Area. If the report recommends that Federal funding for the Heritage Area be reauthorized, the report shall include an analysis of--

(A) ways in which Federal funding for the Heritage Area may be reduced or eliminated; and

(B) the appropriate time period necessary to achieve the recommended reduction or elimination.

(4) SUBMISSION TO CONGRESS- On completion of a report under paragraph (3), the Secretary shall submit the report to--

(A) the Committee on Energy and Natural Resources of the Senate; and

(B) the Committee on Natural Resources of the House of Representatives.

SEC. 8. RELATIONSHIP TO OTHER FEDERAL AGENCIES.

(a) In General- This Act shall not affect the authority of any Federal official 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 Heritage Area is encouraged to consult and coordinate the activities with the Secretary and the local coordinating entity to the extent practicable.

(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 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 shall be construed to--

(1) abridge the rights of any property owner, public or private, including the right to refrain from participating in any plan, project, program, or activity conducted within the Heritage Area;

(2) require any property owner to permit public access (including Federal, Tribal, State, or local government access) to such property or to modify any provisions of Federal, Tribal, State, or local law with regard to public access or use of private lands;

(3) alter any duly adopted land use regulations or approved land use plan or any other regulatory authority of any Federal, State, or local agency, or Tribal government or to convey any land use or other regulatory authority to any local coordinating entity;

(4) authorize or imply the reservation or appropriation of water or water rights;

(5) diminish the authority of the State to manage fish and wildlife, including the regulation of fishing and hunting within the Heritage Area; or

(6) create any liability, or affect any liability under any other law, of any private property owner with respect to any persons injured on such private property.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

(a) In General- There is authorized to be appropriated for the purposes of this Act $10,000,000, of which not more than $1,000,000 shall be made available for any fiscal year.

(b) Matching Funds- Federal funding provided under this Act may not exceed 50 percent of the total cost of any assistance or grant provided or authorized under this Act. Recipient matching funds--

(1) must be from non-Federal sources; and

(2) may be made in the form of in-kind contributions of goods and services fairly valued.

SEC. 11. SUNSET.

The authority of the Secretary to provide financial assistance under this Act shall terminate 15 years after the date of enactment of the Act.

END