II 

Calendar No. 582 

114TH CONGRESS 

2D SESSION S. 1623 

[Report No. 114–310] 

To establish the Maritime Washington National Heritage Area in the State 

of Washington, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 18, 2015 

Ms. CANTWELL (for herself and Mrs. MURRAY) introduced the following bill; 

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

AUGUST 30, 2016 

Reported under authority of the order of the Senate of July 14, 2016, by Ms. 

MURKOWSKI, with amendments 

[Omit the part struck through and insert the part printed in italic] 

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’’. 


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1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) LOCAL COORDINATING ENTITY.—The term 

4 ‘‘local coordinating entity’’ means the local coordi5 nating entity for the National Heritage Area des6 ignated by section 3(d). 

7 (2) MANAGEMENT PLAN.—The term ‘‘manage8 ment plan’’ means the management plan for the Na9 tional Heritage Area required under section 4. 

10 (3) MAP.—The term ‘‘map’’ means the map en11 titled ‘‘Maritime Washington National Heritage 

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

13 and dated August 2014. 

14 (4) NATIONAL HERITAGE AREA.—The term 

15 ‘‘National Heritage Area’’ means the Maritime 

16 Washington National Heritage Area established by 

17 section 3(a). 

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

19 the Secretary of the Interior. 

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

21 of Washington. 

22 SEC. 3. MARITIME WASHINGTON NATIONAL HERITAGE 

23 AREA. 

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

25 State the Maritime Washington National Heritage Area. 

26 (b) BOUNDARIES.— 


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

2 shall consist of land located in the counties of 

3 Whatcom, Skagit, Snohomish, San Juan, Island, 

4 King, Pierce, Thurston, Mason, Kitsap, Jefferson, 

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

least partially located within the area that is 1 6 ⁄4-mile 

7 landward of the shoreline, as generally depicted on 

8 the map. 

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

10 Heritage Area established under paragraph (1) may 

11 be revised if the revision is— 

12 (A) proposed in the management plan; 

13 (B) approved by the Secretary in accord14 ance with section 4; and 

15 (C) placed on file in accordance with sub16 section (c). 

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

18 and available for public inspection in the appropriate of19 fices of— 

20 (1) the National Park Service; and 

21 (2) the local coordinating entity. 

22 (d) LOCAL COORDINATING ENTITY.—The Wash23 ington Trust for Historic Preservation shall be the local 

24 coordinating entity for the National Heritage Area. 


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1 SEC. 4. MANAGEMENT PLAN. 

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

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

4 shall submit to the Secretary for approval a proposed 

5 management plan for the National Heritage Area. 

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

7 (1) incorporate an integrated and cooperative 

8 approach for the protection, enhancement, and inter9 pretation of the natural, cultural, historical, scenic, 

10 and recreational resources of the National Heritage 

11 Area; 

12 (2) take into consideration State and local 

13 plans; 

14 (3) include— 

15 (A) an inventory of— 

16 (i) the resources located in the Na17 tional Heritage Area; and 

18 (ii) any other property in the National 

19 Heritage Area that— 

20 (I) is related to the themes of the 

21 National Heritage Area; and 

22 (II) should be preserved, re23 stored, managed, or maintained be24 cause of the significance of the prop25 erty; 


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1 (B) comprehensive policies, strategies and 

2 recommendations for the conservation, funding, 

3 management, and development of the National 

4 Heritage Area; 

5 (C) a description of actions that govern6 ments, private organizations, and individuals 

7 have agreed to take to protect the natural, cul8 tural, and historical resources of the National 

9 Heritage Area; 

10 (D) a program of implementation for the 

11 management plan by the local coordinating en12 tity that includes a description of— 

13 (i) actions to facilitate ongoing col14 laboration among partners to promote 

15 plans for resource protection, restoration, 

16 and construction; and 

17 (ii) specific commitments for imple18 mentation that have been made by the 

19 local coordinating entity or any govern20 ment, organization, or individual for the 

21 first 5 years of operation of the National 

22 Heritage Area; 

23 (E) the identification of sources of funding 

24 for carrying out the management plan; 


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1 (F) analysis and recommendations for 

2 means by which Federal, State, and local pro3 grams may best be coordinated to carry out this 

4 section, including a description of the role of 

5 the National Park Service in the National Her6 itage Area; and 

7 (G) an interpretive plan for the National 

8 Heritage Area; and 

9 (4) recommend policies and strategies for re10 source management that consider and detail the ap11 plication of appropriate land and water management 

12 techniques, including the development of intergov13 ernmental and interagency cooperative agreements 

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

15 recreational, and educational resources of the Na16 tional Heritage Area. 

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

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

19 after the date of enactment of this Act, the local coordi20 nating entity shall be ineligible to receive additional fund21 ing under this Act until the date on which the Secretary 

22 receives and approves the management plan. 

23 (d) APPROVAL OR DISAPPROVAL OF MANAGEMENT

24 PLAN.— 


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

2 after the date of receipt of the management plan 

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

4 with the State, shall approve or disapprove the man5 agement plan. 

6 (2) CRITERIA FOR APPROVAL.—In determining 

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

9 (A) the local coordinating entity is rep10 resentative of the diverse interests of the Na11 tional Heritage Area, including governments, 

12 natural and historical resource protection orga13 nizations, educational institutions, businesses, 

14 and recreational organizations; 

15 (B) the local coordinating entity has af16 forded adequate opportunity, including public 

17 hearings, for public and governmental involve18 ment in the preparation of the management 

19 plan; and 

20 (C) the resource protection and interpreta21 tion strategies contained in the management 

22 plan, if implemented, would adequately protect 

23 the natural, cultural, and historical resources of 

24 the National Heritage Area. 


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1 (3) ACTION FOLLOWING DISAPPROVAL.—If the 

2 Secretary disapproves the management plan under 

3 paragraph (1), the Secretary shall— 

4 (A) advise the local coordinating entity in 

5 writing of the reasons for the disapproval; 

6 (B) make recommendations for revisions to 

7 the management plan; and 

8 (C) not later than 180 days after the re9 ceipt of any proposed revision of the manage10 ment plan from the local coordinating entity, 

11 approve or disapprove the proposed revision. 

12 (4) AMENDMENTS.— 

13 (A) IN GENERAL.—The Secretary shall ap14 prove or disapprove each amendment to the 

15 management plan that makes a substantial 

16 change to the management plan, as determined 

17 by the Secretary. 

18 (B) USE OF FUNDS.—The local coordi19 nating entity shall not use Federal funds au20 thorized by this section to carry out any amend21 ments to the management plan until the date 

22 on which the Secretary has approved the 

23 amendments. 


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1 SEC. 5. ADMINISTRATION. 

2 (a) AUTHORITIES.—For purposes of implementing 

3 the management plan, the Secretary, acting through the 

4 local coordinating entity, may use amounts made available 

5 under section 9— 

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

7 subdivision of the State, nonprofit organizations, 

8 and other persons; 

9 (2) to enter into cooperative agreements with, 

10 or provide technical assistance to, the State or a po11 litical subdivision of the State, nonprofit organiza12 tions, and other interested parties; 

13 (3) to hire and compensate staff, which shall in14 clude individuals with expertise in natural, cultural, 

15 and historical resources protection and heritage pro16 gramming; 

17 (4) to obtain money or services from any 

18 source, including any money or services that are pro19 vided under any other Federal law or program; 

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

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

22 activity that— 

23 (A) furthers the purposes of the National 

24 Heritage Area; and 

25 (B) is consistent with the approved man26 agement plan. 


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

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

3 submit a management plan to the Secretary; 

4 (2) assist units of local government, regional 

5 planning organizations, and nonprofit organizations 

6 in carrying out the approved management plan by— 

7 (A) carrying out programs and projects 

8 that recognize, protect, and enhance important 

9 resource values in the National Heritage Area; 

10 (B) establishing and maintaining interpre11 tive exhibits and programs in the National Her12 itage Area; 

13 (C) developing recreational and educational 

14 opportunities in the National Heritage Area; 

15 (D) increasing public awareness of, and 

16 appreciation for, natural, cultural, historical, 

17 and scenic resources of the National Heritage 

18 Area; 

19 (E) identifying and restoring historic sites 

20 and buildings in the National Heritage Area 

21 that are consistent with National Heritage Area 

22 themes; 

23 (F) ensuring that clear, consistent, and ap24 propriate signs identifying points of public acVerDate Sep 11 2014 21:22 Aug 30, 2016 Jkt 059200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1623.RS S1623

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1 cess and sites of interest are posted throughout 

2 the National Heritage Area; and 

3 (G) promoting a wide range of partner4 ships among governments, organizations, and 

5 individuals to further the National Heritage 

6 Area; 

7 (3) consider the interests of diverse units of 

8 government, businesses, organizations, and individ9 uals in the National Heritage Area in the prepara10 tion and implementation of the management plan; 

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

12 semiannually regarding the development and imple13 mentation of the management plan; 

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

15 been received under this section— 

16 (A) submit to the Secretary an annual re17 port that describes the activities, expenses, and 

18 income of the local coordinating entity (includ19 ing grants from the local coordinating entity to 

20 any other entities during the year that the re21 port is made); 

22 (B) make available to the Secretary for 

23 audit all records relating to the expenditure of 

24 the funds and any matching funds; and 


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1 (C) require, with respect to all agreements 

2 authorizing the expenditure of Federal funds by 

3 other organizations, that the organizations re4 ceiving the funds make available to the Sec5 retary for audit all records concerning the ex6 penditure of the funds; and 

7 (6) encourage, by appropriate means, economic 

8 viability that is consistent with the National Herit9 age Area. 

10 (c) PROHIBITION ON THE ACQUISITION OF REAL

11 PROPERTY.—The local coordinating entity shall not use 

12 Federal funds made available under section 9 to acquire 

13 real property or any interest in real property. 

14 SEC. 6. RELATIONSHIP TO OTHER FEDERAL AGENCIES. 

15 (a) IN GENERAL.—Nothing in this Act affects the au16 thority of a Federal agency to provide technical or finan17 cial assistance under any other law. 

18 (b) CONSULTATION AND COORDINATION.—The head 

19 of any Federal agency planning to conduct activities that 

20 may have an impact on the National Heritage Area is en21 couraged to consult and coordinate the activities with the 

22 Secretary and the local coordinating entity, to the max23 imum extent practicable. 

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

25 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. 7. 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— 

20 (A) to permit public access (including ac21 cess by Federal, State, or local agencies) to the 

22 property of the property owner; or 

23 (B) to modify public access or use of prop24 erty of the property owner under any other 

25 Federal, State, 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; 

4 (4) conveys any land use or other regulatory 

5 authority to the local coordinating entity; 

6 (5) authorizes or implies the reservation or ap7 propriation of water or water rights; 

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

9 the treaty rights of any Indian tribe within the Na10 tional Heritage Area; 

11 (6)(7) diminishes the authority of the State to 

12 manage fish and wildlife, including the regulation of 

13 fishing and hunting within the National Heritage 

14 Area; or 

15 (7)(8) creates any liability, or affects any liabil16 ity under any other law, of any private property 

17 owner with respect to any person injured on the pri18 vate property. 

19 SEC. 8. EVALUATION AND REPORT. 

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

21 date on which authority for Federal funding terminates 

22 for the National Heritage Area, the Secretary shall— 

23 (1) conduct an evaluation of the accomplish24 ments of the National Heritage Area; and 


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1 (2) prepare a report in accordance with sub2 section (c). 

3 (b) EVALUATION.—An evaluation conducted under 

4 subsection (a)(1) shall— 

5 (1) assess the progress of the local coordinating 

6 entity with respect to— 

7 (A) accomplishing the purposes of the Na8 tional Heritage Area; and 

9 (B) achieving the goals and objectives of 

10 the management plan; 

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

12 tribal, and local government and private entities in 

13 the National Heritage Area to determine the impact 

14 of the investments; and 

15 (3) review the management structure, partner16 ship relationships, and funding of the National Her17 itage Area for purposes of identifying the critical 

18 components for sustainability of the National Herit19 age Area. 

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

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

22 Committee on Energy and Natural Resources of the Sen23 ate and the Committee on Natural Resources of the House 

24 of Representatives a report that includes recommendations 


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1 for the future role of the National Park Service with re2 spect to the National Heritage Area. 

3 SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 

4 (a) IN GENERAL.—There is authorized to be appro5 priated to carry out this Act $10,000,000, of which not 

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

7 year. 

8 (b) AVAILABILITY.—Amounts made available under 

9 subsection (a) shall remain available until expended. 

10 (c) COST-SHARING REQUIREMENT.— 

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

12 total cost of any activity carried out under this Act 

13 shall be not more than 50 percent. 

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

15 cost of any activity carried out under this Act may 

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

17 services fairly valued. 

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

19 the Secretary to provide assistance under this Act termi20 nates on the date that is 15 years after the date of enact21 ment of this Act. 


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Calendar No. 582 

114TH CONGRESS 

2D SESSION S. 1623 

[Report No. 114–310] 

A BILL 

To establish the Maritime Washington National 

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

AUGUST 30, 2016 

Reported with amendments 


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