II 

115TH CONGRESS 

1ST SESSION S. 627 

To establish the Maritime Washington National Heritage Area in the State 

of Washington, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 14, 2017 

Ms. CANTWELL introduced the following bill; which was read twice and 

referred to the Committee on Energy and Natural Resources 

A BILL 

To establish the Maritime Washington National Heritage 

Area in the State of Washington, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Maritime Washington 

5 National Heritage Area Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) LOCAL COORDINATING ENTITY.—The term 

9 ‘‘local coordinating entity’’ means the local coordiVerDate Sep 11 2014 06:24 Mar 17, 2017 Jkt 069200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S627.IS S627

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1 nating entity for the National Heritage Area des2 ignated by section 3(d). 

3 (2) MANAGEMENT PLAN.—The term ‘‘manage4 ment plan’’ means the management plan for the Na5 tional Heritage Area required under section 4. 

6 (3) MAP.—The term ‘‘map’’ means the map en7 titled ‘‘Maritime Washington National Heritage 

8 Area Proposed Boundary’’, numbered 584/125,484, 

9 and dated August 2014. 

10 (4) NATIONAL HERITAGE AREA.—The term 

11 ‘‘National Heritage Area’’ means the Maritime 

12 Washington National Heritage Area established by 

13 section 3(a). 

14 (5) SECRETARY.—The term ‘‘Secretary’’ means 

15 the Secretary of the Interior. 

16 (6) STATE.—The term ‘‘State’’ means the State 

17 of Washington. 

18 SEC. 3. MARITIME WASHINGTON NATIONAL HERITAGE 

19 AREA. 

20 (a) ESTABLISHMENT.—There is established in the 

21 State the Maritime Washington National Heritage Area. 

22 (b) BOUNDARIES.— 

23 (1) IN GENERAL.—The National Heritage Area 

24 shall consist of land located in the counties of 

25 Whatcom, Skagit, Snohomish, San Juan, Island, 


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1 King, Pierce, Thurston, Mason, Kitsap, Jefferson, 

2 Clallam, and Grays Harbor in the State that is at 

least partially located within the area that is 1 3 ⁄4-mile 

4 landward of the shoreline, as generally depicted on 

5 the map. 

6 (2) REVISION.—The boundaries of the National 

7 Heritage Area established under paragraph (1) may 

8 be revised if the revision is— 

9 (A) proposed in the management plan; 

10 (B) approved by the Secretary in accord11 ance with section 4; and 

12 (C) placed on file in accordance with sub13 section (c). 

14 (c) AVAILABILITY OF MAP.—The map shall be on file 

15 and available for public inspection in the appropriate of16 fices of— 

17 (1) the National Park Service; and 

18 (2) the local coordinating entity. 

19 (d) LOCAL COORDINATING ENTITY.—The Wash20 ington Trust for Historic Preservation shall be the local 

21 coordinating entity for the National Heritage Area. 

22 SEC. 4. MANAGEMENT PLAN. 

23 (a) IN GENERAL.—Not later than 3 years after the 

24 date of enactment of this Act, the local coordinating entity 


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1 shall submit to the Secretary for approval a proposed 

2 management plan for the National Heritage Area. 

3 (b) REQUIREMENTS.—The management plan shall— 

4 (1) incorporate an integrated and cooperative 

5 approach for the protection, enhancement, and inter6 pretation of the natural, cultural, historical, scenic, 

7 and recreational resources of the National Heritage 

8 Area; 

9 (2) take into consideration State and local 

10 plans; 

11 (3) include— 

12 (A) an inventory of— 

13 (i) the resources located in the Na14 tional Heritage Area; and 

15 (ii) any other property in the National 

16 Heritage Area that— 

17 (I) is related to the themes of the 

18 National Heritage Area; and 

19 (II) should be preserved, re20 stored, managed, or maintained be21 cause of the significance of the prop22 erty; 

23 (B) comprehensive policies, strategies and 

24 recommendations for the conservation, funding, 


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1 management, and development of the National 

2 Heritage Area; 

3 (C) a description of actions that govern4 ments, private organizations, and individuals 

5 have agreed to take to protect the natural, cul6 tural, and historical resources of the National 

7 Heritage Area; 

8 (D) a program of implementation for the 

9 management plan by the local coordinating en10 tity that includes a description of— 

11 (i) actions to facilitate ongoing col12 laboration among partners to promote 

13 plans for resource protection, restoration, 

14 and construction; and 

15 (ii) specific commitments for imple16 mentation that have been made by the 

17 local coordinating entity or any govern18 ment, organization, or individual for the 

19 first 5 years of operation of the National 

20 Heritage Area; 

21 (E) the identification of sources of funding 

22 for carrying out the management plan; 

23 (F) analysis and recommendations for 

24 means by which Federal, State, and local pro25 grams may best be coordinated to carry out this 


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1 section, including a description of the role of 

2 the National Park Service in the National Her3 itage Area; and 

4 (G) an interpretive plan for the National 

5 Heritage Area; and 

6 (4) recommend policies and strategies for re7 source management that consider and detail the ap8 plication of appropriate land and water management 

9 techniques, including the development of intergov10 ernmental and interagency cooperative agreements 

11 to protect the natural, cultural, historical, scenic, 

12 recreational, and educational resources of the Na13 tional Heritage Area. 

14 (c) DEADLINE.—If a proposed management plan is 

15 not submitted to the Secretary by the date that is 3 years 

16 after the date of enactment of this Act, the local coordi17 nating entity shall be ineligible to receive additional fund18 ing under this Act until the date on which the Secretary 

19 receives and approves the management plan. 

20 (d) APPROVAL OR DISAPPROVAL OF MANAGEMENT

21 PLAN.— 

22 (1) IN GENERAL.—Not later than 180 days 

23 after the date of receipt of the management plan 

24 under subsection (a), the Secretary, in consultation 


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1 with the State, shall approve or disapprove the man2 agement plan. 

3 (2) CRITERIA FOR APPROVAL.—In determining 

4 whether to approve the management plan, the Sec5 retary shall consider whether— 

6 (A) the local coordinating entity is rep7 resentative of the diverse interests of the Na8 tional Heritage Area, including governments, 

9 natural and historical resource protection orga10 nizations, educational institutions, businesses, 

11 and recreational organizations; 

12 (B) the local coordinating entity has af13 forded adequate opportunity, including public 

14 hearings, for public and governmental involve15 ment in the preparation of the management 

16 plan; and 

17 (C) the resource protection and interpreta18 tion strategies contained in the management 

19 plan, if implemented, would adequately protect 

20 the natural, cultural, and historical resources of 

21 the National Heritage Area. 

22 (3) ACTION FOLLOWING DISAPPROVAL.—If the 

23 Secretary disapproves the management plan under 

24 paragraph (1), the Secretary shall— 


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1 (A) advise the local coordinating entity in 

2 writing of the reasons for the disapproval; 

3 (B) make recommendations for revisions to 

4 the management plan; and 

5 (C) not later than 180 days after the re6 ceipt of any proposed revision of the manage7 ment plan from the local coordinating entity, 

8 approve or disapprove the proposed revision. 

9 (4) AMENDMENTS.— 

10 (A) IN GENERAL.—The Secretary shall ap11 prove or disapprove each amendment to the 

12 management plan that makes a substantial 

13 change to the management plan, as determined 

14 by the Secretary. 

15 (B) USE OF FUNDS.—The local coordi16 nating entity shall not use Federal funds au17 thorized by this section to carry out any amend18 ments to the management plan until the date 

19 on which the Secretary has approved the 

20 amendments. 

21 SEC. 5. ADMINISTRATION. 

22 (a) AUTHORITIES.—For purposes of implementing 

23 the management plan, the Secretary, acting through the 

24 local coordinating entity, may use amounts made available 

25 under section 9— 


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1 (1) to make grants to the State or a political 

2 subdivision of the State, nonprofit organizations, 

3 and other persons; 

4 (2) to enter into cooperative agreements with, 

5 or provide technical assistance to, the State or a po6 litical subdivision of the State, nonprofit organiza7 tions, and other interested parties; 

8 (3) to hire and compensate staff, which shall in9 clude individuals with expertise in natural, cultural, 

10 and historical resources protection and heritage pro11 gramming; 

12 (4) to obtain money or services from any 

13 source, including any money or services that are pro14 vided under any other Federal law or program; 

15 (5) to contract for goods or services; and 

16 (6) to undertake to be a catalyst for any other 

17 activity that— 

18 (A) furthers the purposes of the National 

19 Heritage Area; and 

20 (B) is consistent with the approved man21 agement plan. 

22 (b) DUTIES.—The local coordinating entity shall— 

23 (1) in accordance with section 4, prepare and 

24 submit a management plan to the Secretary; 


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1 (2) assist units of local government, regional 

2 planning organizations, and nonprofit organizations 

3 in carrying out the approved management plan by— 

4 (A) carrying out programs and projects 

5 that recognize, protect, and enhance important 

6 resource values in the National Heritage Area; 

7 (B) establishing and maintaining interpre8 tive exhibits and programs in the National Her9 itage Area; 

10 (C) developing recreational and educational 

11 opportunities in the National Heritage Area; 

12 (D) increasing public awareness of, and 

13 appreciation for, natural, cultural, historical, 

14 and scenic resources of the National Heritage 

15 Area; 

16 (E) identifying and restoring historic sites 

17 and buildings in the National Heritage Area 

18 that are consistent with National Heritage Area 

19 themes; 

20 (F) ensuring that clear, consistent, and ap21 propriate signs identifying points of public ac22 cess and sites of interest are posted throughout 

23 the National Heritage Area; and 

24 (G) promoting a wide range of partner25 ships among governments, organizations, and 


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1 individuals to further the National Heritage 

2 Area; 

3 (3) consider the interests of diverse units of 

4 government, businesses, organizations, and individ5 uals in the National Heritage Area in the prepara6 tion and implementation of the management plan; 

7 (4) conduct meetings open to the public at least 

8 semiannually regarding the development and imple9 mentation of the management plan; 

10 (5) for any year for which Federal funds have 

11 been received under this section— 

12 (A) submit to the Secretary an annual re13 port that describes the activities, expenses, and 

14 income of the local coordinating entity (includ15 ing grants from the local coordinating entity to 

16 any other entities during the year that the re17 port is made); 

18 (B) make available to the Secretary for 

19 audit all records relating to the expenditure of 

20 the funds and any matching funds; and 

21 (C) require, with respect to all agreements 

22 authorizing the expenditure of Federal funds by 

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1 retary for audit all records concerning the ex2 penditure of the funds; and 

3 (6) encourage, by appropriate means, economic 

4 viability that is consistent with the National Herit5 age Area. 

6 (c) PROHIBITION ON THE ACQUISITION OF REAL

7 PROPERTY.—The local coordinating entity shall not use 

8 Federal funds made available under section 9 to acquire 

9 real property or any interest in real property. 

10 SEC. 6. RELATIONSHIP TO OTHER FEDERAL AGENCIES. 

11 (a) IN GENERAL.—Nothing in this Act affects the au12 thority of a Federal agency to provide technical or finan13 cial assistance under any other law. 

14 (b) CONSULTATION AND COORDINATION.—The head 

15 of any Federal agency planning to conduct activities that 

16 may have an impact on the National Heritage Area is en17 couraged to consult and coordinate the activities with the 

18 Secretary and the local coordinating entity, to the max19 imum extent practicable. 

20 (c) OTHER FEDERAL AGENCIES.—Nothing in this 

21 Act— 

22 (1) modifies, alters, or amends any law or regu23 lation authorizing a Federal agency to manage Fed24 eral land under the jurisdiction of the Federal agen25 cy; 


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1 (2) limits the discretion of a Federal land man2 ager to implement an approved land use plan within 

3 the boundaries of the National Heritage Area; or 

4 (3) modifies, alters, or amends any authorized 

5 use of Federal land under the jurisdiction of a Fed6 eral agency. 

7 SEC. 7. PRIVATE PROPERTY AND REGULATORY PROTEC8 TIONS. 

9 Nothing in this Act— 

10 (1) abridges the rights of any owner of public 

11 or private property, including the right to refrain 

12 from participating in any plan, project, program, or 

13 activity conducted within the National Heritage 

14 Area; 

15 (2) requires any property owner— 

16 (A) to permit public access (including ac17 cess by Federal, State, or local agencies) to the 

18 property of the property owner; or 

19 (B) to modify public access or use of prop20 erty of the property owner under any other 

21 Federal, State, or local law; 

22 (3) alters any duly adopted land use regulation, 

23 approved land use plan, or other regulatory author24 ity of any Federal, State, tribal, or local agency; 


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1 (4) conveys any land use or other regulatory 

2 authority to the local coordinating entity; 

3 (5) authorizes or implies the reservation or ap4 propriation of water or water rights; 

5 (6) alters, modifies, diminishes, or extinguishes 

6 the treaty rights of any Indian tribe within the Na7 tional Heritage Area; 

8 (7) diminishes the authority of the State to 

9 manage fish and wildlife, including the regulation of 

10 fishing and hunting within the National Heritage 

11 Area; or 

12 (8) creates any liability, or affects any liability 

13 under any other law, of any private property owner 

14 with respect to any person injured on the private 

15 property. 

16 SEC. 8. EVALUATION AND REPORT. 

17 (a) IN GENERAL.—Not later than 3 years before the 

18 date on which authority for Federal funding terminates 

19 for the National Heritage Area, the Secretary shall— 

20 (1) conduct an evaluation of the accomplish21 ments of the National Heritage Area; and 

22 (2) prepare a report in accordance with sub23 section (c). 

24 (b) EVALUATION.—An evaluation conducted under 

25 subsection (a)(1) shall— 


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1 (1) assess the progress of the local coordinating 

2 entity with respect to— 

3 (A) accomplishing the purposes of the Na4 tional Heritage Area; and 

5 (B) achieving the goals and objectives of 

6 the management plan; 

7 (2) analyze the investments of Federal, State, 

8 tribal, and local government and private entities in 

9 the National Heritage Area to determine the impact 

10 of the investments; and 

11 (3) review the management structure, partner12 ship relationships, and funding of the National Her13 itage Area for purposes of identifying the critical 

14 components for sustainability of the National Herit15 age Area. 

16 (c) REPORT.—Based on the evaluation conducted 

17 under subsection (a)(1), the Secretary shall submit to the 

18 Committee on Energy and Natural Resources of the Sen19 ate and the Committee on Natural Resources of the House 

20 of Representatives a report that includes recommendations 

21 for the future role of the National Park Service with re22 spect to the National Heritage Area. 

23 SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 

24 (a) IN GENERAL.—There is authorized to be appro25 priated to carry out this Act $10,000,000, of which not 


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1 more than $1,000,000 may be made available in any fiscal 

2 year. 

3 (b) AVAILABILITY.—Amounts made available under 

4 subsection (a) shall remain available until expended. 

5 (c) COST-SHARING REQUIREMENT.— 

6 (1) IN GENERAL.—The Federal share of the 

7 total cost of any activity carried out under this Act 

8 shall be not more than 50 percent. 

9 (2) FORM.—The non-Federal share of the total 

10 cost of any activity carried out under this Act may 

11 be in the form of in-kind contributions of goods or 

12 services fairly valued. 

13 (d) TERMINATION OF AUTHORITY.—The authority of 

14 the Secretary to provide assistance under this Act termi15 nates on the date that is 15 years after the date of enact16 ment of this Act. 

Æ 


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