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House Bill 2107
117th Congress(2021-2022)
Nation’s Oldest Port National Heritage Area Act
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Introduced in House on Mar 19, 2021
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H. R. 2107 (Reported-in-House)

Union Calendar No. 317

117th CONGRESS
2d Session
H. R. 2107

[Report No. 117–410]


To establish the Nation’s Oldest Port National Heritage Area in the State of Florida, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

March 19, 2021

Mr. Rutherford (for himself, Mr. Waltz, and Mr. Lawson of Florida) introduced the following bill; which was referred to the Committee on Natural Resources

July 14, 2022

Additional sponsors: Mrs. Murphy of Florida, Mr. Diaz-Balart, Ms. Lois Frankel of Florida, Mr. Bilirakis, Mr. Steube, Ms. Salazar, Mr. Crist, Mr. Soto, Ms. Castor of Florida, Ms. Wasserman Schultz, Mrs. Demings, Mr. C. Scott Franklin of Florida, Mrs. Cammack, Mr. Gaetz, Mr. Dunn, and Mr. Mast

July 14, 2022

Deleted sponsor: Mr. Gaetz (added July 9, 2021; deleted June 15, 2022)

July 14, 2022

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on March 19, 2021]

A BILL

To establish the Nation’s Oldest Port National Heritage Area in the State of Florida, 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 “Nation’s Oldest Port National Heritage Area Act”.

SEC. 2. Definitions.

In this Act:

(1) NATIONAL HERITAGE AREA.—The term “National Heritage Area” means the Nation’s Oldest Port National Heritage Area established by section 3(a).

(2) LOCAL COORDINATING ENTITY.—The term “local coordinating entity” means the local coordinating entity for the National Heritage Area.

(3) MANAGEMENT PLAN.—The term “management plan” means the management plan for the National Heritage Area required under section 5(a).

(4) MAP.—The term “map” means the map entitled “Nation’s Oldest Port National Heritage Area Proposed Boundary Map”, numbered 524/173745 and dated October 2020.

(5) SECRETARY.—The term “Secretary” means the Secretary of the Interior.

(6) STATE.—The term “State” means the State of Florida.

SEC. 3. Establishment of the nation’s oldest port national heritage area.

(a) In general.—There is established the Nation’s Oldest Port National Heritage Area in the State of Florida, to consist of natural watersheds in Nassau, Duval, St. Johns, and Flagler counties in the State, as generally depicted on the map.

(b) Local coordinating entity.—The Nation’s Oldest Port Heritage Area Alliance, Inc., shall serve as the local coordinating entity for the National Heritage Area.

SEC. 4. Administration.

(a) Authorities.—For purposes of carrying out the management plan for the National Heritage Area, 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 money or services from any source, including any money or services that are provided under any other Federal law or program, provided that any money specifically authorized for National Heritage areas shall be subject to a 50 percent cost-share requirement;

(5) to contract for goods or services; and

(6) to undertake or be a catalyst for any other activity that furthers the purposes of the National Heritage Area and is consistent with the approved management plan.

(b) Duties.—The local coordinating entity for the National Heritage Area shall—

(1) in accordance with section 5, prepare and submit a management plan for the National Heritage Area to the Secretary;

(2) 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 approved management plan by—

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

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

(C) developing recreational, interpretive, and educational opportunities in the National Heritage Area;

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

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

(F) ensuring that clear, consistent, and appropriate signs identifying points of public access and sites of interest are posted throughout the National Heritage Area; and

(G) promoting a wide range of partnerships among the Federal Government, State, Tribal, and local governments, organizations, and individuals to further the purposes of the National Heritage Area;

(3) consider the interests of diverse units of government, businesses, organizations, and individuals in the National Heritage Area in the preparation and implementation of the management plan;

(4) conduct meetings open to the public not less frequently than semiannually regarding the development and implementation of the management plan; and

(5) for any year that Federal funds have been received under this Act—

(A) submit to the Secretary an annual report 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);

(B) make available to the Secretary for audit all records relating to the expenditure of the funds and any matching funds; and

(C) encourage by appropriate means economic viability that is consistent with the National Heritage Area.

(c) Prohibition on the acquisition of real property.—The local coordinating entity shall not use Federal funds to acquire real property or any interest in real property.

SEC. 5. Management plan.

(a) In general.—Not later than 3 years after the date of enactment of this Act, the local coordinating entity of the National Heritage Area shall submit to the Secretary for approval a proposed management plan for the National 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 National Heritage Area;

(2) take into consideration Federal, State, local, and Tribal plans and treaty rights;

(3) include—

(A) an inventory of—

(i) the resources located in the National Heritage Area; and

(ii) any other property in the National Heritage Area that—

(I) is related to the themes of the National 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 National Heritage Area;

(C) a description of activities that the Federal Government, State, Tribal, and local governments, private organizations, and individuals have agreed to carry out to protect the natural, historical, cultural, scenic, and recreational resources of the National 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 unit of 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, local, and Tribal programs, including the role of the National Park Service in the National Heritage Area, may best be coordinated to carry out this Act; and

(G) an interpretive plan for the National Heritage Area; and

(4) 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 National 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 shall be ineligible to 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 required under this section, the Secretary, in consultation with State and Tribal governments, shall approve or disapprove the management plan.

(2) CRITERIA FOR APPROVAL.—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 National Heritage Area, including Federal, State, Tribal, and local governments, natural and historic resource protection organizations, educational institutions, businesses, and recreational organizations;

(B) the local coordinating entity has afforded 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 National 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 receipt of any proposed revision of the management plan from the local coordinating entity, approve or disapprove the proposed revision.

(4) AMENDMENTS.—

(A) IN GENERAL.—The Secretary shall approve or disapprove each amendment of the management plan that the Secretary determines make a substantial change to the management plan.

(B) USE OF FUNDS.—The local coordinating entity shall not use Federal funds to carry out any amendment to the management plan until the Secretary has approved the amendment.

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 National 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 regulations 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 National 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 property owner (whether public or private), including the right to refrain from participating in any plan, project, program, or activity conducted within the National Heritage Area;

(2) requires any property owner—

(A) to permit public access (including access by Federal, State, or local 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, State, or local law;

(3) alters any duly adopted land use regulation, approved land use plan, or other regulatory authority of any Federal, State, Tribal, or local 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 National Heritage Area;

(7) diminishes—

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

(B) the authority of Indian Tribes to regulate members of Indian Tribes with respect to fishing, hunting, and gathering 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.

(a) In general.—For the National Heritage Area, not later than 3 years before the date specified under section 9, the Secretary shall—

(1) conduct an evaluation of the accomplishments of the National Heritage Area; and

(2) prepare a report in accordance with subsection (c).

(b) Evaluation.—An evaluation conducted under subsection (a)(1) shall—

(1) assess the progress of the local coordinating entity with respect to—

(A) accomplishing the purposes of the National Heritage Area; and

(B) achieving the goals and objectives of the approved management plan for the National Heritage Area;

(2) analyze the investments of the Federal Government, State, Tribal, and local governments, and private entities in the National Heritage Area to determine the impact of the investments; and

(3) review the management structure, partnership relationships, and funding of the National Heritage Area for purposes of identifying the critical components for sustainability of the National Heritage Area.

(c) Report.—Based on the evaluation conducted under subsection (a)(1), the Secretary shall 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 National Heritage Area.

SEC. 9. Termination of 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.

Union Calendar No. 317

117th CONGRESS
     2d Session
H. R. 2107
[Report No. 117–410]
A BILL
To establish the Nation’s Oldest Port National Heritage Area in the State of Florida, and for other purposes.
July 14, 2022
Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed