II

104TH CONGRESS

2D SESSION S. 1583

To establish the Lower Eastern Shore American Heritage Area, and for

other purposes.

IN THE SENATE OF THE UNITED STATES

FEBRUARY 29 (legislative day, FEBRUARY 28), 1996

Mr. SARBANES introduced the following bill; which was read twice and

referred to the Committee on Energy and Natural Resources

A BILL

To establish the Lower Eastern Shore American 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.

4 This Act may be cited as the ‘‘Lower Eastern Shore

5 American Heritage Area Act of 1996’’.

6 SEC. 2. DEFINITIONS.

7 In this Act:

8 (1) COORDINATING ENTITY.—The term ‘‘co9 ordinating entity’’ means the Lower Eastern Shore
2

•S 1583 IS

1 Heritage Committee, Inc., a nonprofit corporation

2 organized under the laws of Maryland.

3 (2) HERITAGE AREA.—The term ‘‘Heritage

4 Area’’ means the Lower Eastern Shore American

5 Heritage Area established under section 5.

6 (3) PARTICIPATING PARTNER.—The term ‘‘par7 ticipating partner’’ means a county that has entered

8 into the compact under section 6.

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

10 the Secretary of the Interior.

11 SEC. 3. FINDINGS.

12 Congress finds that—

13 (1) the Lower Eastern Shore possesses impor14 tant historical, cultural, and natural resources, rep15 resenting themes of settlement, migration, transpor16 tation, commerce, and natural resource uses, as de17 scribed in the Lower Eastern Shore Heritage Plan

18 (1992), endorsed by local governments, and in the

19 draft report, Investing in a Special Place: A Report

20 by the National Park Service to Congress and the

21 Public on Resources, Accomplishments, and Oppor22 tunities for Conservation and Sustainable Develop23 ment: Lower Eastern Shore, Maryland (1995);
3

•S 1583 IS

1 (2) the Lower Eastern Shore played an impor2 tant role in the history of the American Revolution

3 and the Civil War;

4 (3) the Lower Eastern Shore gave birth to the

5 uniquely American art form of decoy-carving

6 through the internationally recognized work of

7 Lemuel and Steve Ward and played a central role in

8 the recognition of the aesthetic value of waterfowl

9 habitat and landscapes;

10 (4) the skipjack, a popular symbol of the

11 Chesapeake Bay designed and used in Maryland for

12 harvesting oysters, is the last commercial sailing ves13 sel still used in North America;

14 (5) the Lower Eastern Shore played an impor15 tant role in the evolution of the colonial and Amer16 ican agricultural, timbering, shipping, and seafood

17 industries in the 17th through 20th centuries, exem18 plified in many structures and landscapes, including

19 farms and plantations, railroad towns, seafood proc20 essing industries, docks, and what was once the larg21 est cannery in the United States;

22 (6) the Lower Eastern Shore rural townscapes

23 and landscapes—

24 (A) display exceptional surviving physical

25 resources illustrating the themes of the Lower
4

•S 1583 IS

1 Eastern Shore and the social, industrial, and

2 cultural history of the 17th through the early

3 20th centuries; and

4 (B) include many national historic sites

5 and landmarks;

6 (7) the Lower Eastern Shore is the home of

7 traditions and research efforts associated with native

8 American, African-American, and European-Amer9 ican settlements dating to periods before, during,

10 and after European contact, and retains physical,

11 social, and cultural evidence of the traditions; and

12 (8) the State of Maryland has established a

13 structure to enable Lower Eastern Shore commu14 nities to join together to preserve, conserve, and

15 manage the Lower Eastern Shore’s resources

16 through the Maryland Greenways Commission, river

17 conservation, trail development, and other means.

18 SEC. 4. PURPOSES.

19 The purposes of this Act are to—

20 (1) recognize the importance of the history, cul21 ture, and living resources of the Lower Eastern

22 Shore to the United States;

23 (2) assist the State of Maryland and the com24 munities of the Lower Eastern Shore in protecting,

25 restoring, and interpreting the Lower Eastern
5

•S 1583 IS

1 Shore’s resources for the benefit of the United

2 States; and

3 (3) authorize Federal financial and technical

4 assistance to serve the purposes stated in paragraph

5 (1) and (2).

6 SEC. 5. LOWER EASTERN SHORE AMERICAN HERITAGE

7 AREA.

8 (a) ESTABLISHMENT.—The Secretary shall establish

9 a Lower Eastern Shore American Heritage Area.

10 (b) INITIAL GEOGRAPHIC SCOPE.—

11 (1) IN GENERAL.—Except as otherwise pro12 vided in this subsection, the Heritage Area shall con13 sist of the Maryland counties of Somerset,

14 Wicomico, and Worcester.

15 (2) LOCAL AGREEMENT TO PARTICIPATE.—The

16 government of each county listed under paragraph

17 (1) and each municipality in a county listed under

18 paragraph (1) shall become a participating partner

19 by entering into the compact under section 6.

20 (3) ADDITIONAL PARTNERS.—The Secretary

21 may include a county or municipality other than

22 those listed in paragraph (1) to be part of the Herit23 age Area if the county becomes a participating part24 ner by entering into the compact under section 6.
6

•S 1583 IS

1 (4) COORDINATION.—The Secretary may co2 ordinate with or allow participation by any county,

3 city, town, or village in the Lower Eastern Shore.

4 SEC. 6. COMPACT.

5 (a) IN GENERAL.—To carry out the purposes of this

6 Act, the Secretary shall enter into a compact with the

7 State of Maryland, the coordinating entity, and any coun8 ty eligible to be a participating partner under section 5.

9 (b) INFORMATION.—The compact shall include infor10 mation relating to the objectives and management of Her11 itage Area programs, including—

12 (1) a discussion of the goals and objectives of

13 Heritage Area programs, including an explanation of

14 a proposed approach to conservation and interpreta15 tion and a general outline of the measures commit16 ted to by the parties to the compact;

17 (2) a description of the respective roles of the

18 participating partners;

19 (3) a list of the initial partners to be involved

20 in developing and implementing a management plan

21 for the Heritage Area and a statement of the finan22 cial commitment of the partners; and

23 (4) a description of the role of the State of

24 Maryland.
7

•S 1583 IS

1 SEC. 7. MANAGEMENT PLAN.

2 (a) IN GENERAL.—The coordinating entity and the

3 participating partners shall develop a management plan

4 for the Heritage Area that presents comprehensive rec5 ommendations for conservation, program funding, man6 agement, and development.

7 (b) PLAN REQUIREMENTS.—The management plan

8 shall—

9 (1) be consistent with State and local plans in

10 existence prior to development of the management

11 plan;

12 (2) involve residents, public agencies, univer13 sities, and private organizations working in the Her14 itage Area;

15 (3) specify the existing and potential sources of

16 funding to protect, manage, and develop the Herit17 age Area; and

18 (4) include—

19 (A) a description of actions to be under20 taken by units of government and private orga21 nizations;

22 (B) an inventory of the resources con23 tained in the Heritage Area, including a list of

24 any property in the Heritage Area that is relat25 ed to the themes of the Heritage Area and that

26 should be preserved, restored, managed, devel-
8

•S 1583 IS

1 oped, or maintained because of the property’s

2 natural, cultural, historical, recreational, or sce3 nic significance;

4 (C) a recommendation of policies for re5 source management that considers and details

6 application of appropriate land and water man7 agement techniques, including the development

8 of intergovernmental cooperative agreements to

9 protect the Heritage Area’s historical, cultural,

10 recreational, and natural resources in a manner

11 that is consistent with supporting appropriate

12 and compatible economic viability;

13 (D) a program for implementation of the

14 management plan, including plans for restora15 tion and construction, and specific commit16 ments of the participating partners for the first

17 5 years of operation;

18 (E) an analysis of ways in which Federal,

19 State, and local programs may best be coordi20 nated to promote the purposes of this Act; and

21 (F) an interpretation plan for the Heritage

22 Area.

23 (c) TIME LIMIT FOR SUBMISSION OF A MANAGE24 MENT PLAN.—If the Secretary has not approved a man25 agement plan by the date that is 2 years after the date
9

•S 1583 IS

1 of enactment of this Act, the Heritage Area shall be ineli2 gible for Federal funding until a management plan is ap3 proved.

4 SEC. 8. THE COORDINATING ENTITY AND PARTICIPATING

5 PARTNERS.

6 (a) DUTIES OF THE COORDINATING ENTITY AND

7 PARTICIPATING PARTNERS.—The coordinating entity and

8 participating partners shall—

9 (1) develop and submit to the Secretary for ap10 proval a management plan pursuant to section 7 not

11 later than the date that is 2 years after the date of

12 enactment of this Act;

13 (2) give priority to implementing actions set

14 forth in the compact and the management plan, in15 cluding taking steps to—

16 (A) assist units of government, regional

17 planning organizations, and nonprofit organiza18 tions in—

19 (i) preserving the Heritage Area;

20 (ii) establishing and maintaining in21 terpretive exhibits in the Heritage Area;

22 (iii) developing recreational resources

23 in the Heritage Area;

24 (iv) increasing public awareness of

25 and appreciation for the natural, historical,
10

•S 1583 IS

1 and architectural resources and sites in the

2 Heritage Area; and

3 (v) restoring any historic building re4 lating to the themes of the Heritage Area;

5 (B) encourage by appropriate means eco6 nomic vitality in the area consistent with the

7 management plan for the Heritage Area;

8 (C) encourage local governments to adopt

9 policies consistent with the management of the

10 Heritage Area and the goals of the plan; and

11 (D) assist units of government, regional

12 planning organizations, businesses, and non13 profit organizations to ensure that clear, con14 sistent, and environmentally appropriate signs

15 identifying access points and sites of interest

16 are put in place throughout the Heritage Area;

17 (3) consider the interests of diverse govern18 mental, business, and nonprofit groups within the

19 Heritage Area;

20 (4) conduct public meetings not less frequently

21 than quarterly regarding the implementation of the

22 management plan;

23 (5) submit substantial changes (including any

24 increase of more than 20 percent in the cost esti-
11

•S 1583 IS

1 mates for implementation) to the management plan

2 to the Secretary for approval;

3 (6) for any year in which Federal funds have

4 been received under this Act, submit an annual re5 port to the Secretary setting forth the accomplish6 ments and expenses and income of the coordinating

7 entity and the participating partners and the entity

8 to which any loans and grants were made during the

9 year for which the report is made; and

10 (7) for any year in which Federal funds have

11 been received under this Act, make available for

12 audit all records pertaining to the expenditure of the

13 Federal funds and any matching funds and require,

14 for all agreements authorizing expenditure of Fed15 eral funds by other organizations, that the receiving

16 organizations make available for audit all records

17 pertaining to the expenditure of the funds.

18 (b) FEDERAL FUNDING.—

19 (1) OPERATIONS.—The Federal contribution to

20 the operations of the coordinating entity and partici21 pating partners shall not exceed 50 percent of the

22 annual operating cost of the entity and partners as23 sociated with carrying out this Act.

24 (2) IMPLEMENTATION.—A grant to the coordi25 nating entity or a participating partner for imple-
12

•S 1583 IS

1 mentation of this Act may not exceed 75 percent of

2 the cost of the entity and partners for implementing

3 this Act.

4 (c) PROHIBITION OF ACQUISITION OF REAL PROP5 ERTY.—The coordinating entity may not use Federal

6 funds received under this Act to acquire real property or

7 an interest in real property.

8 (d) ELIGIBILITY TO RECEIVE FINANCIAL ASSIST9 ANCE.—

10 (1) ELIGIBILITY.—Except as provided in para11 graph (2), the coordinating entity shall be eligible to

12 receive funds to carry out this Act for a period of

13 10 years after the date on which the compact under

14 section 6 is signed by the Secretary and the coordi15 nating entity.

16 (2) EXCEPTION.—The coordinating entity may

17 receive funding under this Act for a period of not

18 more than 5 additional years, if—

19 (A) the coordinating entity determines that

20 the extension is necessary in order to carry out

21 the purposes of this Act and the coordinating

22 entity notifies the Secretary of the determina23 tion not later than 180 days prior to the termi24 nation date;
13

•S 1583 IS

1 (B) not later than 180 days prior to the

2 termination date, the coordinating entity pre3 sents to the Secretary a plan of activities for

4 the period of the extension, including a plan for

5 becoming independent of the funds made avail6 able through this Act; and

7 (C) the Secretary, in consultation with the

8 Governor of Maryland, approves the extension

9 of funding.

10 (e) OTHER FEDERAL FUNDS.—Nothing in this Act

11 shall affect the use of Federal funds received by the co12 ordinating entity or a participating partner under any

13 other Act.

14 SEC. 9. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES.

15 (a) DUTIES AND AUTHORITIES OF THE SEC16 RETARY.—

17 (1) GRANTS TO THE COORDINATING ENTITY

18 AND PARTICIPATING PARTNERS.—The Secretary

19 shall make grants available to the coordinating en20 tity and the participating partners to carry out this

21 Act.

22 (2) TECHNICAL AND FINANCIAL ASSISTANCE.—

23 (A) IN GENERAL.—On request of the co24 ordinating entity, the Secretary may provide

25 technical and financial assistance to the coordi-
14

•S 1583 IS

1 nating entity and participating partners to de2 velop and implement the management plan.

3 (B) PRIORITY.—In assisting the coordinat4 ing entity and participating partners, the Sec5 retary shall give priority to actions that—

6 (i) conserve the significant natural,

7 historic, and cultural resources of the Her8 itage Area; and

9 (ii) provide educational, interpretive,

10 and recreational opportunities consistent

11 with the resources and associated values of

12 the Heritage Area.

13 (B) EXPENDITURES FOR NONFEDERALLY

14 OWNED PROPERTY.—The Secretary may expend

15 Federal funds on nonfederally owned property

16 to further the purposes of this Act, including

17 assisting units of government in appropriate

18 treatment of districts, sites, buildings, struc19 tures, and objects listed or eligible for listing on

20 the National Register of Historic Places.

21 (2) APPROVAL AND DISAPPROVAL OF COMPACTS

22 AND MANAGEMENT PLANS.—

23 (A) IN GENERAL.—The Secretary, in con24 sultation with the Governor of Maryland, shall

25 approve or disapprove a compact or manage-
15

•S 1583 IS

1 ment plan submitted under this Act not later

2 than 90 days after receiving the compact or

3 management plan.

4 (B) ACTION FOLLOWING DISAPPROVAL.—

5 (i) IN GENERAL.—If the Secretary

6 disapproves a compact or management

7 plan, the Secretary shall advise the coordi8 nating entity in writing of the reasons for

9 rejecting the compact or plan and shall

10 make recommendations for revisions in the

11 compact or plan.

12 (ii) APPROVAL OF REVISION.—The

13 Secretary shall approve or disapprove a

14 proposed revision not later than 90 days

15 after the date the revision is submitted.

16 (3) APPROVING AMENDMENTS.—

17 (A) IN GENERAL.—The Secretary shall re18 view substantial amendments to the manage19 ment plan for the Heritage Area.

20 (B) FUNDS FOR AMENDMENT.—Funds

21 made available under this Act may not be ex22 pended to implement a substantial amendment

23 to the management plan until the Secretary ap24 proves the amendment.
16

•S 1583 IS

1 (4) ISSUING REGULATIONS.—The Secretary

2 shall issue such regulations as are necessary to carry

3 out this Act.

4 (b) DUTIES OF FEDERAL ENTITIES.—A Federal en5 tity conducting or supporting an activity directly affecting

6 the Heritage Area, and any unit of government acting pur7 suant to a grant of Federal funds or a Federal permit

8 or agreement conducting or supporting an activity directly

9 affecting the Heritage Area, shall, to the maximum extent

10 practicable—

11 (1) consult with the Secretary and the coordi12 nating entity with respect to the activity;

13 (2) cooperate with the Secretary and the coordi14 nating entity in carrying out the duties of the Sec15 retary and the coordinating entity under this Act;

16 and

17 (3) conduct or support the activity in a manner

18 consistent with the management plan.

19 SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

20 There are authorized to be appropriated such sums

21 as are necessary to carry out this Act.

Æ