117th CONGRESS 2d Session |
To establish the St. Croix National Heritage Area, and for other purposes.
May 16, 2022
Mr. King introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources
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,
This Act may be cited as the “St. Croix National Heritage Area Act”.
In this Act:
(1) HERITAGE AREA.—The term “Heritage Area” means the St. Croix National Heritage Area established by section 3(a).
(2) LOCAL COORDINATING ENTITY.—The term “local coordinating entity” means the local coordinating entity for the Heritage Area designated by section 3(d)(1).
(3) MANAGEMENT PLAN.—The term “management plan” means the management plan for the Heritage Area required under section 5(a).
(4) SECRETARY.—The term “Secretary” means the Secretary of the Interior.
(5) ST. CROIX.—The term “St. Croix” means St. Croix, United States Virgin Islands.
(6) STATE.—The term “State” means the United States Virgin Islands.
SEC. 3. St. Croix National Heritage Area.
(a) Establishment.—There is established in the State the St. Croix National Heritage Area.
(b) Boundaries.—The Heritage Area shall consist of the entire island of St. Croix.
(c) Map.—A map of the Heritage Area shall be—
(1) included in the management plan; and
(2) on file and available for public inspection in the appropriate offices of the National Park Service.
(d) Local coordinating entity.—
(1) IN GENERAL.—The local coordinating entity for the Heritage Area shall be the Virgin Islands State Historic Preservation Office.
(2) CONSULTATION REQUIREMENT.—The local coordinating entity shall consult with a broad cross section of businesses, individuals, agencies, and organizations within the boundaries of the Heritage Area described in subsection (b) that were involved in the planning and development of the Heritage Area before the date of enactment of this Act.
(a) Authorities.—For purposes of carrying out the management plan, the Secretary, acting through the local coordinating entity, may use amounts made available under this Act—
(1) to make grants to the State or a political subdivision of the State, Indian Tribes, nonprofit organizations, and other persons;
(2) to enter into cooperative agreements with, or provide technical assistance to, the State or a political subdivision of the State, Indian Tribes, nonprofit organizations, and other interested parties;
(3) to hire and compensate staff, which shall include individuals with expertise in natural, cultural, and historical resources protection and heritage programming;
(4) to obtain funds or services from any source, including any funds or services that are provided under any other Federal law or program;
(5) to contract for goods or services; and
(6) to undertake to be a catalyst for any other activity that—
(A) furthers the Heritage Area; and
(B) is consistent with the approved management plan.
(b) Duties.—The local coordinating entity shall—
(1) assist Federal agencies, the State or a political subdivision of the State, Indian Tribes, regional planning organizations, nonprofit organizations, and other interested parties in carrying out the management plan by—
(A) carrying out programs and projects that recognize, protect, and enhance important resource values in the Heritage Area;
(B) establishing and maintaining interpretive exhibits and programs in the Heritage Area;
(C) developing recreational and educational opportunities in 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 the themes of the Heritage Area;
(F) ensuring that clear, consistent, and appropriate 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;
(2) 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;
(3) conduct meetings open to the public at least semiannually regarding the development and implementation of the management plan;
(4) for any year for which Federal funds have been received under this Act—
(A) submit to the Secretary an annual report that describes, for the period covered by the report—
(i) the activities of the local coordinating entity;
(ii) the expenses and income of the local coordinating entity; and
(iii) any entities to which the local coordinating entity made grants;
(B) make available to the Secretary for audit all records relating to the expenditure of the Federal funds and any matching funds; and
(C) require, with respect to all agreements authorizing the expenditure of Federal funds by other organizations, that the receiving organizations make available to the Secretary for audit all records relating to the expenditure of the Federal funds; and
(5) encourage by appropriate means economic viability that is consistent with the purposes of the Heritage Area.
(c) Prohibition on the acquisition of real property.—The local coordinating entity may not use Federal funds made available under this Act to acquire real property or any interest in real property.
(a) 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.
(b) Requirements.—The management plan shall—
(1) 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;
(2) take into consideration Federal, State, and Tribal plans and treaty rights;
(i) the resources located in the Heritage Area; and
(ii) any other property in the Heritage Area that—
(I) is related to the themes of the Heritage Area; and
(II) should be preserved, restored, managed, or maintained because of the significance of the property;
(B) comprehensive policies, strategies, and recommendations for the conservation, funding, management, and development of the Heritage Area;
(C) a description of actions that governments, private organizations, and individuals have agreed to take to protect the natural, historical, cultural, scenic, and recreational resources of the Heritage Area;
(D) 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;
(E) the identification of sources of funding for carrying out the management plan;
(F) analysis and recommendations for means by which Federal, State, and Tribal programs, including the role of the National Park Service in the Heritage Area, may best be coordinated to carry out this Act; and
(G) an interpretive plan for the Heritage Area; and
(4) recommend policies and strategies for resource management that consider and describe 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.
(c) 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 may not receive additional funding under this Act until the date on which the Secretary approves the management plan.
(d) Approval or disapproval of management plan.—
(1) IN GENERAL.—Not later than 180 days after the date of receipt of the management plan under subsection (a), the Secretary, in consultation with the State, shall approve or disapprove the management plan.
(2) CONSIDERATIONS.—In determining whether to approve the management plan, the Secretary shall consider whether—
(A) the local coordinating entity is representative of the diverse interests of the Heritage Area;
(B) the local coordinating entity has provided adequate opportunity (including public hearings) for public and governmental involvement in the preparation of the management plan; and
(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.
(3) ACTION FOLLOWING DISAPPROVAL.—If the Secretary disapproves the management plan under paragraph (1), the Secretary shall—
(A) advise the local coordinating entity in writing of the reasons for the disapproval;
(B) make recommendations for revisions to the management plan; and
(C) not later than 180 days after the date of receipt of any proposed revision of the management plan from the local coordinating entity, approve or disapprove the proposed revision.
(A) IN GENERAL.—The Secretary shall review and approve or disapprove substantial amendments to the management plan.
(B) USE OF FUNDS.—The local coordinating entity shall not use Federal funds appropriated under this Act to carry out any amendments to the management plan until the Secretary has approved the amendments.
SEC. 6. 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 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 Heritage Area; or
(3) modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal agency.
SEC. 7. Private property and regulatory protections.
Nothing in this Act—
(1) abridges the rights of any owner of private or public property, including the right to refrain from participating in any plan, project, program, or activity conducted within the Heritage Area;
(2) requires any property owner—
(A) to permit public access (including access by Federal or State agencies) to the property of the property owner; or
(B) 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;
(4) conveys any land use or other regulatory authority to the local coordinating entity;
(5) authorizes or implies the reservation or appropriation of water or water rights;
(6) enlarges or diminishes the treaty rights of any Indian Tribe within the Heritage Area;
(A) the authority of the State to manage fish and wildlife, including the regulation of fishing and hunting, within the Heritage Area; or
(B) the authority of Indian Tribes to regulate members of Indian Tribes with respect to fishing, hunting, and gathering in the Heritage Area in the exercise of treaty rights; or
(8) 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. 8. Evaluation and report.
Not later than 3 years before the date on which authority for Federal funding terminates for the Heritage Area under section 10, the Secretary shall—
(1) conduct an evaluation of the accomplishments of the Heritage Area, under which the Secretary shall—
(A) assess the progress of the local coordinating 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 management plan for the Heritage Area;
(B) analyze the Federal, State, and private investments in the Heritage Area to determine the 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; and
(2) based on the evaluation conducted under paragraph (1), submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report that includes recommendations for the future role of the National Park Service, if any, with respect to the Heritage Area.
SEC. 9. 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) Availability.—Amounts made available under subsection (a) shall remain available until expended.
(c) Cost-Sharing requirement.—
(1) IN GENERAL.—The Federal share of the total cost of any activity carried out using funds made available under this Act shall be not more than 50 percent.
(2) FORM.—The non-Federal share of the total cost of any activity carried out using funds made available under this Act may be in the form of in-kind contributions of goods or services fairly valued.
SEC. 10. Termination of authority.
The authority of the Secretary to provide financial assistance under this Act terminates on the date that is 15 years after the date of enactment of this Act.