I 

116TH CONGRESS 

2D SESSION H. R. 8488 

To establish the Southern Maryland National Heritage Area, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 1, 2020 

Mr. HOYER introduced the following bill; which was referred to the Committee 

on Natural Resources 

A BILL 

To establish the Southern Maryland 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. 

4 This Act may be cited as the ‘‘Southern Maryland 

5 National Heritage Area Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) HERITAGE AREA.—The term ‘‘Heritage 

9 Area’’ means the Southern Maryland National Her10 itage Area established by section 3(a). 


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1 (2) LOCAL COORDINATING ENTITY.—The term 

2 ‘‘Local Coordinating Entity’’ means the local coordi3 nating entity for the Heritage Area designated by 

4 section 3(c). 

5 (3) MANAGEMENT PLAN.—The term ‘‘manage6 ment plan’’ means the management plan for the 

7 Heritage Area prepared under section 5(a). 

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

9 the Secretary of the Interior. 

10 (5) STATE.—The term ‘‘State’’ means the State 

11 of Maryland. 

12 SEC. 3. ESTABLISHMENT OF SOUTHERN MARYLAND NA13 TIONAL HERITAGE AREA. 

14 (a) IN GENERAL.—There is established in the State 

15 the Southern Maryland National Heritage Area, to be ad16 ministered in accordance with this Act. 

17 (b) BOUNDARIES.—The Heritage Area shall include 

18 portions of St. Mary’s, Calvert, Charles, and Prince 

19 George’s Counties in the State, with the specific bound20 aries to be established by the Secretary, based on the fea21 sibility study for the Heritage Area. 

22 (c) LOCAL COORDINATING ENTITY.—The Tri-County 

23 Council for Southern Maryland shall serve as the local co24 ordinating entity for the Heritage Area. 


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1 SEC. 4. ADMINISTRATION. 

2 (a) AUTHORITIES.—For purposes of carrying out the 

3 management plan, the Secretary (acting through the Local 

4 Coordinating Entity) may use amounts made available 

5 under section 9— 

6 (1) to make grants to the State, political sub7 divisions of the State, Indian Tribes, nonprofit orga8 nizations, and other entities; 

9 (2) to enter into cooperative agreements with, 

10 or provide technical assistance to, the State, political 

11 subdivisions of the State, Indian Tribes, nonprofit 

12 organizations, and other interested entities; 

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 marketing, advertising, and 

21 public relations; 

22 (6) to contract for goods or services; 

23 (7) to contract for fundraising; and 

24 (8) to undertake any other activity that— 

25 (A) furthers the purposes of the Heritage 

26 Area; and 


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1 (B) is consistent with the approved man2 agement plan. 

3 (b) DUTIES.—The Local Coordinating Entity shall— 

4 (1) assist Federal agencies, the State, political 

5 subdivisions of the State, Indian Tribes, regional 

6 planning organizations, nonprofit organizations, and 

7 other interested persons in carrying out the ap8 proved management plan by— 

9 (A) carrying out programs and projects 

10 that recognize, protect, and enhance important 

11 resource values in the Heritage Area; 

12 (B) establishing and maintaining interpre13 tive exhibits and programs in the Heritage 

14 Area; 

15 (C) developing recreational, interpretive, 

16 and educational opportunities in the Heritage 

17 Area; 

18 (D) increasing public awareness of, and 

19 appreciation for, natural, historical, scenic, and 

20 cultural resources of the Heritage Area; 

21 (E) protecting and restoring historic sites 

22 and buildings in the Heritage Area that are 

23 consistent with the themes of the Heritage 

24 Area; 


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1 (F) ensuring that clear, consistent, and ap2 propriate signs identifying points of public ac3 cess and sites of interest are posted throughout 

4 the Heritage Area; and 

5 (G) promoting a wide range of partner6 ships among the Federal Government, State, 

7 Tribal, and local governments, organizations, 

8 and individuals to further the purposes of the 

9 Heritage Area; 

10 (2) consider the interests of diverse units of 

11 government, businesses, organizations, and individ12 uals in the Heritage Area in the preparation and im13 plementation of the management plan; 

14 (3) conduct meetings open to the public not less 

15 frequently than semiannually regarding the develop16 ment and implementation of the management plan; 

17 (4) for any year that Federal funds have been 

18 received under this subsection— 

19 (A) submit to the Secretary an annual re20 port that describes, with respect to the report21 ing period, the activities, expenses, and income 

22 of the Local Coordinating Entity; 

23 (B) make available to the Secretary for 

24 audit all records relating to the expenditure of 

25 the funds and any matching funds; and 


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1 (C) encourage, by appropriate means and 

2 consistent with the purposes of the Heritage 

3 Area, the economic viability of the Heritage 

4 Area. 

5 (c) PROHIBITION ON THE ACQUISITION OF REAL

6 PROPERTY.—The Local Coordinating Entity shall not use 

7 Federal funds made available under section 9 to acquire 

8 real property or any interest in real property. 

9 SEC. 5. MANAGEMENT PLAN. 

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

11 date on which funds are first made available to carry out 

12 this Act, the Local Coordinating Entity shall submit to 

13 the Secretary for approval a proposed management plan 

14 for the Heritage Area. 

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

16 (1) incorporate an integrated and cooperative 

17 approach for the protection, enhancement, and inter18 pretation of the natural, cultural, historic, scenic, 

19 and recreational resources of the Heritage Area; 

20 (2) take into consideration other applicable 

21 Federal, State, local, and Tribal plans and treaty 

22 rights; 

23 (3) include— 

24 (A) an inventory of— 


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1 (i) the resources located in the Herit2 age Area; and 

3 (ii) any other property in the Heritage 

4 Area that— 

5 (I) is related to the themes of the 

6 Heritage Area; and 

7 (II) should be preserved, re8 stored, managed, or maintained be9 cause of the significance of the prop10 erty; 

11 (B) comprehensive policies, strategies, and 

12 recommendations for the conservation, funding, 

13 management, and development of the Heritage 

14 Area; 

15 (C) a description of activities that the Fed16 eral Government, State, Tribal, and local gov17 ernments, private organizations, and individuals 

18 have agreed to carry out to protect the natural, 

19 historical, cultural, scenic, and recreational re20 sources of the Heritage Area; 

21 (D) a program of implementation for the 

22 management plan by the Local Coordinating 

23 Entity that includes a description of— 

24 (i) actions to facilitate ongoing col25 laboration among partners to promote 


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1 plans for resource protection, restoration, 

2 and construction; and 

3 (ii) specific commitments for imple4 mentation that have been made by the 

5 Local Coordinating Entity or any unit of 

6 government, organization, or individual for 

7 the first 5 years of operation of the Herit8 age Area; 

9 (E) the identification of sources of funding 

10 to implement the management plan; 

11 (F) analysis and recommendations for 

12 means by which Federal, State, local, and Trib13 al programs (including the role of the National 

14 Park Service in the Heritage Area) may carry 

15 out the purposes of this Act; 

16 (G) an interpretive plan for the Heritage 

17 Area; and 

18 (H) recommended policies and strategies 

19 for resource management that consider and de20 tail the application of appropriate land and 

21 water management techniques, including the de22 velopment of intergovernmental and interagency 

23 cooperative agreements to protect the natural, 

24 historical, cultural, educational, scenic, and rec25 reational resources of the Heritage Area. 


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

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

3 after the date on which funds are first made available to 

4 carry out this Act, the Local Coordinating Entity shall be 

5 ineligible to receive additional funding under this Act until 

6 the date on which the Secretary approves the management 

7 plan. 

8 (d) APPROVAL OR DISAPPROVAL OF MANAGEMENT

9 PLAN.— 

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

11 after the date of receipt of the management plan 

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

13 with State and Tribal governments, shall approve or 

14 disapprove the management plan. 

15 (2) CRITERIA FOR APPROVAL.—In determining 

16 whether to approve the management plan, the Sec17 retary shall consider whether— 

18 (A) the Local Coordinating Entity is rep19 resentative of the diverse interests of the Herit20 age Area, including the Federal Government, 

21 State, Tribal, and local governments, natural 

22 and historic resource protection organizations, 

23 educational institutions, businesses, and rec24 reational organizations; 


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1 (B) the Local Coordinating Entity has af2 forded adequate opportunity, including public 

3 hearings, for public and governmental involve4 ment in the preparation of the management 

5 plan; and 

6 (C) the resource protection and interpreta7 tion strategies contained in the management 

8 plan, if implemented, would adequately protect 

9 the natural, historical, and cultural resources of 

10 the Heritage Area. 

11 (3) ACTION FOLLOWING DISAPPROVAL.—If the 

12 Secretary disapproves the management plan under 

13 paragraph (1), the Secretary shall— 

14 (A) advise the Local Coordinating Entity 

15 in writing of the reasons for the disapproval; 

16 (B) make recommendations to the Local 

17 Coordinating Entity for revisions to the man18 agement plan; and 

19 (C) not later than 180 days after the re20 ceipt of any proposed revision of the manage21 ment plan from the Local Coordinating Entity, 

22 approve or disapprove the proposed revision. 

23 (4) AMENDMENTS.— 

24 (A) IN GENERAL.—The Secretary shall ap25 prove or disapprove each amendment of the 


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1 management plan that the Secretary determines 

2 makes a substantial change to the management 

3 plan. 

4 (B) USE OF FUNDS.—The Local Coordi5 nating Entity shall not use Federal funds au6 thorized under section 9 to carry out any 

7 amendment to the management plan until the 

8 date on which the Secretary has approved the 

9 amendment. 

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 Heritage Area is encouraged 

17 to consult and coordinate the activities with the Secretary 

18 and the Local Coordinating Entity to the maximum extent 

19 practicable. 

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

21 Act— 

22 (1) modifies, alters, or amends any law (includ23 ing regulations) authorizing a Federal agency to 

24 manage Federal land under the jurisdiction of the 

25 Federal agency; 


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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 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 property owner 

11 (whether public or private), including the right to re12 frain from participating in any plan, project, pro13 gram, or activity conducted within the 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) enlarges or diminishes the treaty rights of 

6 any Indian Tribe within the Heritage Area; 

7 (7) diminishes— 

8 (A) the authority of the State to manage 

9 fish and wildlife, including the regulation of 

10 fishing and hunting, within the Heritage Area; 

11 or 

12 (B) the authority of Indian Tribes to regu13 late members of Indian Tribes with respect to 

14 fishing, hunting, and gathering in the exercise 

15 of treaty rights; or 

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

17 under any other law, of any private property owner 

18 with respect to any person injured on the private 

19 property. 

20 SEC. 8. EVALUATION AND REPORT. 

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

22 date on which authority for Federal funding terminates 

23 for the Heritage Area, the Secretary shall— 

24 (1) conduct an evaluation of the accomplish25 ments of the 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 Coordi6 nating Entity with respect to— 

7 (A) accomplishing the purposes of the Her8 itage Area; and 

9 (B) achieving the goals and objectives of 

10 the approved management plan; 

11 (2) analyze the investments of the Federal Gov12 ernment, State, Tribal, and local governments, and 

13 private entities in the Heritage Area to determine 

14 the impact of the investments; and 

15 (3) review the management structure, partner16 ship relationships, and funding of the Heritage Area 

17 for purposes of identifying the critical components 

18 for sustainability of the Heritage Area. 

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

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

21 Committee on Energy and Natural Resources of the Sen22 ate and the Committee on Natural Resources of the House 

23 of Representatives a report that includes recommendations 

24 for the future role of the National Park Service, if any, 

25 with respect to the Heritage Area. 


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1 SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 

2 (a) IN GENERAL.—There is authorized to be appro3 priated for the Heritage Area to carry out the purposes 

4 of this Act $10,000,000, of which not more than 

5 $1,000,000 may be made available in any fiscal year. 

6 (b) AVAILABILITY.—Amounts made available under 

7 subsection (a) shall remain available until expended. 

8 (c) COST-SHARING REQUIREMENT.— 

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

10 total cost of any activity under this Act shall be not 

11 more than 50 percent. 

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

13 cost of any activity under this Act may be in the 

14 form of in-kind contributions of goods or services 

15 fairly valued. 

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

17 the Secretary to provide assistance under this Act termi18 nates on the date that is 15 years after the date of enact19 ment of this Act. 

Æ 


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