II 

113TH CONGRESS 

1ST SESSION S. 869 

To establish the Alabama Black Belt National Heritage Area, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 7, 2013 

Mr. SHELBY (for himself and Mr. SESSIONS) introduced the following bill; 

which was read twice and referred to the Committee on Energy and Natural Resources 

A BILL 

To establish the Alabama Black Belt National Heritage Area, 

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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Alabama Black Belt National Heritage Area Act’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

Sec. 3. Designation of Alabama Black Belt National Heritage Area. 

Sec. 4. Local coordinating entity. 

Sec. 5. Management plan. 

Sec. 6. Evaluation; report. 


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Sec. 7. Relationship to other Federal agencies. 

Sec. 8. Private property and regulatory protections. 

Sec. 9. Use of Federal funds from other sources. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) LOCAL COORDINATING ENTITY.—The term 

4 ‘‘local coordinating entity’’ means the Center for the 

5 Study of the Black Belt at the University of West 

6 Alabama. 

7 (2) MANAGEMENT PLAN.—The term ‘‘manage8 ment plan’’ means the plan prepared by the local co9 ordinating entity for the National Heritage Area in 

10 accordance with this Act. 

11 (3) NATIONAL HERITAGE AREA.—The term 

12 ‘‘National Heritage Area’’ means the Alabama Black 

13 Belt National Heritage Area established by this Act. 

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

15 the Secretary of the Interior. 

16 SEC. 3. DESIGNATION OF ALABAMA BLACK BELT NATIONAL 

17 HERITAGE AREA. 

18 (a) ESTABLISHMENT.—There is hereby established 

19 the Alabama Black Belt National Heritage Area in the 

20 State of Alabama. 

21 (b) BOUNDARIES.—The National Heritage Area shall 

22 consist of sites as designated by the management plan 

23 within a core area located in Alabama, consisting of Bibb, 

24 Bullock, Butler, Choctaw, Clarke, Conecuh, Dallas, 


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1 Greene, Hale, Lowndes, Macon, Marengo, Monroe, Mont2 gomery, Perry, Pickens, Sumter, Washington, and Wilcox 

3 counties. 

4 SEC. 4. LOCAL COORDINATING ENTITY. 

5 (a) DESIGNATION.—The Center for the Study of the 

6 Black Belt at the University of West Alabama shall be 

7 the local coordinating entity for the National Heritage 

8 Area. 

9 (b) DUTIES.—To further the purposes of the Na10 tional Heritage Area, the local coordinating entity shall— 

11 (1) submit a management plan to the Secretary 

12 in accordance with this Act; 

13 (2) submit an annual report to the Secretary 

14 specifying— 

15 (A) the specific performance goals and ac16 complishments of the local coordinating entity; 

17 (B) the expenses and income of the local 

18 coordinating entity; 

19 (C) the amounts and sources of matching 

20 funds; 

21 (D) the amounts of non-Federal funds le22 veraged with Federal funds and sources of the 

23 leveraging; and 

24 (E) grants made to any other entities dur25 ing the fiscal year; 


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1 (3) make available for audit, for each fiscal 

2 year for which the local coordinating entity receives 

3 Federal funds, all information pertaining to the ex4 penditure of the funds and any matching funds; and 

5 (4) encourage economic viability and sustain6 ability that is consistent with the purposes of the 

7 National Heritage Area. 

8 (c) AUTHORITIES.—For the purposes of preparing 

9 and implementing the approved management plan, the 

10 local coordinating entity may— 

11 (1) make grants to political jurisdictions, non12 profit organizations, and other parties within the 

13 National Heritage Area; 

14 (2) enter into cooperative agreements with or 

15 provide technical assistance to political jurisdictions, 

16 nonprofit organizations, Federal agencies, and other 

17 interested parties; 

18 (3) hire and compensate staff, including individ19 uals with expertise in— 

20 (A) natural, historical, cultural, edu21 cational, scenic, and recreational resource con22 servation; 

23 (B) economic and community development; 

24 and 

25 (C) heritage planning; 


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1 (4) obtain funds or services from any source, 

2 including other Federal programs; 

3 (5) contract for goods or services; and 

4 (6) support activities of partners and any other 

5 activities that further the purposes of the National 

6 Heritage Area and are consistent with the approved 

7 management plan. 

8 SEC. 5. MANAGEMENT PLAN. 

9 (a) REQUIREMENTS.—The management plan shall— 

10 (1) describe comprehensive policies, goals, strat11 egies, and recommendations for telling the story of 

12 the heritage of the area covered by the National 

13 Heritage Area and encouraging long-term resource 

14 protection, enhancement, interpretation, funding, 

15 management, and development of the National Her16 itage Area; 

17 (2) include a description of actions and commit18 ments that Federal, State, and local governments, 

19 private organizations, and citizens plan to take to 

20 protect, enhance, interpret, fund, manage, and de21 velop the natural, historical, cultural, educational, 

22 scenic, and recreational resources of the National 

23 Heritage Area; 

24 (3) specify existing and potential sources of 

25 funding or economic development strategies to proVerDate Mar 15 2010 22:57 May 07, 2013 Jkt 029200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S869.IS S869

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1 tect, enhance, interpret, fund, manage, and develop 

2 the National Heritage Area; 

3 (4) include an inventory of the natural, histor4 ical, cultural, educational, scenic, and recreational 

5 resources of the National Heritage Area related to 

6 the national importance and themes of the National 

7 Heritage Area that should be protected, enhanced, 

8 interpreted, funded, managed, and developed; 

9 (5) include recommendations for resource man10 agement policies and strategies, including the devel11 opment of intergovernmental and interagency agree12 ments to protect, enhance, interpret, fund, manage, 

13 and develop the natural, historical, cultural, edu14 cational, scenic, and recreational resources of the 

15 National Heritage Area; 

16 (6) describe a program for implementation of 

17 the management plan, including— 

18 (A) performance goals; 

19 (B) plans for resource protection, enhance20 ment, interpretation, funding, management, and 

21 development; and 

22 (C) specific commitments for implementa23 tion that have been made by the local coordi24 nating entity or any Federal, State, or local 


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1 government agency, organization, business, or 

2 individual; 

3 (7) include an analysis of, and recommenda4 tions for, means by which Federal, State, and local 

5 programs may best be coordinated (including the 

6 role of the National Park Service and other Federal 

7 agencies associated with the National Heritage 

8 Area) to further the purposes of this Act; and 

9 (8) include a business plan that— 

10 (A) describes the role, operation, financing, 

11 and functions of the local coordinating entity 

12 and of each of the major activities described in 

13 the management plan; and 

14 (B) provides adequate assurances that the 

15 local coordinating entity has the partnerships 

16 and financial and other resources necessary to 

17 implement the management plan. 

18 (b) DEADLINE.—Not later than 3 years after the 

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

20 shall submit the management plan to the Secretary for 

21 approval. 

22 (c) APPROVAL OF MANAGEMENT PLAN.— 

23 (1) REVIEW.—Not later than 180 days after re24 ceiving the management plan, the Secretary shall re25 view and approve or disapprove the management 


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1 plan on the basis of the criteria listed in paragraph 

2 (3). 

3 (2) CONSULTATION.—The Secretary shall con4 sult with the Governor of Alabama before approving 

5 a management plan. 

6 (3) CRITERIA FOR APPROVAL.—In determining 

7 whether to approve a management plan, the Sec8 retary shall consider whether— 

9 (A) the local coordinating entity— 

10 (i) represents the diverse interests of 

11 the National Heritage Area, including Fed12 eral, State, and local governments, natural, 

13 and historical resource protection organiza14 tions, educational institutions, businesses, 

15 recreational organizations, community resi16 dents, and private property owners; 

17 (ii) has afforded adequate opportunity 

18 for public and Federal, State, and local 

19 governmental involvement (including 

20 through workshops and public meetings) in 

21 the preparation of the management plan; 

22 (iii) provides for at least semiannual 

23 public meetings to ensure adequate imple24 mentation of the management plan; and 


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1 (iv) has demonstrated the financial 

2 capability, in partnership with others, to 

3 carry out the management plan; 

4 (B) the management plan— 

5 (i) describes resource protection, en6 hancement, interpretation, funding, man7 agement, and development strategies 

8 which, if implemented, would adequately 

9 protect, enhance, interpret, fund, manage, 

10 and develop the natural, historical, cul11 tural, educational, scenic, and recreational 

12 resources of the National Heritage Area; 

13 (ii) would not adversely affect any ac14 tivities authorized on Federal land under 

15 public applicable laws or land use plans; 

16 (iii) demonstrates partnerships among 

17 the local coordinating entity, Federal, 

18 State, and local governments, regional 

19 planning organizations, nonprofit organiza20 tions, and private sector parties for imple21 mentation of the management plan; and 

22 (iv) complies with the requirements of 

23 this section; and 

24 (C) the Secretary has received adequate 

25 assurances from the appropriate State and local 


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1 officials whose support is needed that the State 

2 and local aspects of the management plan will 

3 be effectively implemented. 

4 (4) DISAPPROVAL.— 

5 (A) IN GENERAL.—If the Secretary dis6 approves the management plan, the Secretary— 

7 (i) shall advise the local coordinating 

8 entity in writing of the reasons for the dis9 approval; and 

10 (ii) may make recommendations to the 

11 local coordinating entity for revisions to 

12 the management plan. 

13 (B) DEADLINE.—Not later than 180 days 

14 after receiving a revised management plan, the 

15 Secretary shall approve or disapprove the re16 vised management plan. 

17 (5) AMENDMENTS.— 

18 (A) IN GENERAL.—An amendment to the 

19 approved management plan that substantially 

20 alters such plan shall be reviewed by the Sec21 retary and approved or disapproved in the same 

22 manner as the original management plan. 

23 (B) IMPLEMENTATION.—The local coordi24 nating entity shall not implement a substantial 


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1 amendment to the management plan until the 

2 Secretary approves the amendment. 

3 (6) AUTHORITIES.—The Secretary may— 

4 (A) provide technical assistance under the 

5 authority of this Act for the development and 

6 implementation of the management plan; and 

7 (B) enter into cooperative agreements with 

8 interested parties to carry out this Act. 

9 SEC. 6. EVALUATION; REPORT. 

10 (a) EVALUATION.—The Secretary shall conduct an 

11 evaluation of the accomplishments of the National Herit12 age Area. An evaluation conducted under this subsection 

13 shall— 

14 (1) assess the progress of the local coordinating 

15 entity with respect to— 

16 (A) accomplishing the purposes of this Act 

17 for the National Heritage Area; and 

18 (B) achieving the goals and objectives of 

19 the approved management plan; 

20 (2) analyze the Federal, State, and local gov21 ernment, and private investments in the National 

22 Heritage Area to determine the impact of the invest23 ments; and 

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1 itage Area for purposes of identifying the critical 

2 components for sustainability of the National Herit3 age Area. 

4 (b) REPORT.—Not later than 3 years after the date 

5 of enactment of this Act, based on the evaluation con6 ducted under subsection (a), the Secretary shall submit 

7 a report to the Committee on Natural Resources of the 

8 House of Representatives and the Committee on Energy 

9 and Natural Resources of the Senate. The report shall in10 clude recommendations for the future role of the National 

11 Park Service, if any, with respect to the National Heritage 

12 Area. 

13 SEC. 7. RELATIONSHIP TO OTHER FEDERAL AGENCIES. 

14 (a) IN GENERAL.—Nothing in this Act affects the au15 thority of a Federal agency to provide technical or finan16 cial assistance under any other law. 

17 (b) CONSULTATION AND COORDINATION.—The head 

18 of any Federal agency planning to conduct activities that 

19 may have an impact on the National Heritage Area is en20 couraged to consult and coordinate the activities with the 

21 Secretary and the local coordinating entity to the max22 imum extent practicable. 

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

24 Act— 


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1 (1) modifies, alters, or amends any law or regu2 lation authorizing a Federal agency to manage Fed3 eral land under the jurisdiction of the Federal agen4 cy; 

5 (2) limits the discretion of a Federal land man6 ager to implement an approved land use plan within 

7 the boundaries of the National Heritage Area; or 

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

9 use of Federal land under the jurisdiction of a Fed10 eral agency. 

11 SEC. 8. PRIVATE PROPERTY AND REGULATORY PROTEC12 TIONS. 

13 Nothing in this Act— 

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

15 or private property, including the right to refrain 

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

17 activity conducted within the National Heritage 

18 Area; 

19 (2) requires any property owner to permit pub20 lic access (including access by Federal, State, tribal, 

21 or local agencies) to the property of the property 

22 owner, or to modify public access or use of property 

23 of the property owner under any other Federal, 

24 State, tribal, or local law; 


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

2 approved land use plan, or other regulatory author3 ity of any Federal, State, tribal, or local agency, or 

4 conveys any land use or other regulatory authority 

5 to any local coordinating entity, including develop6 ment and management of energy, water, or water-re7 lated infrastructure; 

8 (4) authorizes or implies the reservation or ap9 propriation of water or water rights; 

10 (5) diminishes the authority of the State to 

11 manage fish and wildlife, including the regulation of 

12 fishing and hunting within the National Heritage 

13 Area; or 

14 (6) creates any liability, or affects any liability 

15 under any other law, of any private property owner 

16 with respect to any person injured on the private 

17 property. 

18 SEC. 9. USE OF FEDERAL FUNDS FROM OTHER SOURCES. 

19 Nothing in this Act shall preclude the local coordi20 nating entity from using Federal funds available under 

21 other laws for the purposes for which those funds were 

22 authorized. 

Æ 


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