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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4542 Introduced in House (IH)]

<DOC>

116th CONGRESS
  1st Session
                                H. R. 4542

  To establish the Nation's Oldest Port National Heritage Area in the 
               State of Florida, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 27, 2019

  Mr. Rutherford (for himself, Mr. Waltz, and Mr. Lawson of Florida) 
 introduced the following bill; which was referred to the Committee on 
                           Natural Resources

_______________________________________________________________________

                                 A BILL

 
  To establish the Nation's Oldest Port National Heritage Area in the 
               State of Florida, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Nation's Oldest Port National 
Heritage Area Act''.

SEC. 2. CONGRESSIONAL FINDINGS.

    Congress finds the following:
            (1) The Nation's Oldest Port region of northeast Florida 
        holds a mosaic of cultures and maritime heritage that includes 
        Native Americans, whose heritage reaches back some 9,000 years, 
        and the descendants of European and American explorers and 
        settlers, who shaped the region, its land, customs, and 
        traditions from 1513 to the present day and have made indelible 
        contributions to American and World history.
            (2) The Nation's Oldest Port region expresses a combination 
        of cultures, maritime heritage, Atlantic and World history, 
        cultural diversity, traditions, arts, architecture, 
        transportation corridors, and coastal and ocean resources that 
        makes this geographic area a unique and distinctive coastal 
        landscape in the United States.
            (3) The area contains the Nation's Oldest Port, and a 
        series of interconnected waterways that include the St. Mary's 
        River, the St. Johns River, Tolomato and Matanzas Rivers, 
        Pellicer Creek watershed, and the numerous diverse and 
        spectacular historic, cultural, natural, scenic and 
        recreational resources, including the designated national 
        treasures of Timucuan Ecological and Historical Preserve, Guana 
        Tolomato Matanzas National Estuarine Research Reserve, the 
        Castillo de San Marcos National Monument, and Fort Matanzas 
        National Monument.
            (4) There is broad support expressed as resolutions, 
        letters, and in public meetings from local governments, State 
        parks, and many local planning and community groups, chambers 
        of commerce, business associations, museums, historical 
        societies and associations, nature conservation groups, 
        agricultural interests, private property owners, and other 
        interested individuals to establish a National Heritage Area to 
        coordinate and to assist in the preservation, interpretation, 
        promotion, and enjoyment of these resources.
            (5) Establishment of a National Heritage Area in northeast 
        Florida would assist local communities, residents, and property 
        owners in preserving these unique and nationally distinctive 
        cultural, historical, and natural resources.

SEC. 3. DEFINITIONS.

    As used in this Act:
            (1) Heritage area.--The term ``heritage area'' means the 
        Nation's Oldest Port National Heritage Area.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (3) Coordinating entity.--The term ``coordinating entity'' 
        means the Nation's Oldest Port Heritage Area Alliance, Inc.

SEC. 4. NATION'S OLDEST PORT NATIONAL HERITAGE AREA.

    (a) Establishment.--There is hereby established the Nation's Oldest 
Port National Heritage Area in the State of Florida.
    (b) Boundaries.--The heritage area shall include natural watersheds 
in Nassau, Duval, St. Johns, and Flagler counties, Florida, as depicted 
on the map, entitled ``Nation's Oldest Port National Heritage Area,'' 
numbered __ and dated __.
    (c) Coordinating Entity.--
            (1) In general.--The Nation's Oldest Port Heritage Area 
        Alliance, Inc., a nonprofit organization which is exempt from 
        taxation under section 501(c)(3) of the Internal Revenue Code 
        of 1986, chartered in the State of Florida, shall serve as the 
        coordinating entity for the heritage area.
            (2) Board of directors.--The board of directors of the 
        coordinating entity shall be--
                    (A) selected in accordance with the bylaws of the 
                coordinating entity, which have been approved by the 
                heritage area working group; and
                    (B) responsible for planning, fundraising, staff 
                oversight, and final selection of projects and programs 
                supported by the heritage area.
            (3) Committees.--The board of directors may establish 
        committees to--
                    (A) advise and assist the board of directors of the 
                coordinating entity;
                    (B) represent a broad range of local interests, 
                such as municipalities, culture, arts, architecture, 
                agriculture, archaeology, historic preservation, 
                maritime heritage, nature conservation, education, 
                parks, outdoor recreation, tourism, economic 
                development, lodging, restaurants, transportation, 
                private landowners, and water quality;
                    (C) review and suggest projects and programs for 
                funding and other assistance from the heritage area; 
                and
                    (D) identify potential partnerships between the 
                heritage area and government agencies, nonprofits, the 
                private sector, and other local stakeholders to help 
                achieve long-term goals.
    (d) Authorities of Local Coordinating Entity.--The local 
coordinating entity may, for purposes of preparing and implementing the 
management plan--
            (1) prepare reports, studies, interpretive exhibits and 
        programs, historic preservation projects, and other activities 
        recommended in the management plan for the Heritage Area;
            (2) make grants to the State, political subdivisions of the 
        State, nonprofit organizations, and other persons;
            (3) enter into cooperative agreements with the State, 
        political subdivisions of the State, nonprofit organizations, 
        and other organizations;
            (4) hire and compensate staff;
            (5) obtain funds or services from any source, including 
        funds and services provided under any Federal program or law, 
        in which case the Federal share of the cost of any activity 
        assisted using Federal funds provided for National Heritage 
        Areas shall not be more than 50 percent; and
            (6) contract for goods and services.

SEC. 5. AUTHORITY AND DUTIES OF THE COORDINATING ENTITY.

    (a) Management Plan.--
            (1) Requirement for plan.--Not later than 3 years after the 
        date on which funds are first made available to carry out this 
        Act, the coordinating entity shall develop and forward to the 
        Secretary a management plan for the heritage area. The 
        management plan shall, at a minimum--
                    (A) provide recommendations for the conservation, 
                funding, management, and development of the resources 
                of the heritage area;
                    (B) identify sources of funding for the heritage 
                area;
                    (C) include an inventory of the cultural, 
                historical, archaeological, natural, and recreational 
                resources of the heritage area;
                    (D) provide recommendations for educational and 
                interpretive programs to inform the public about the 
                resources of the heritage area; and
                    (E) include an analysis of ways in which local, 
                State, Federal, and tribal programs may best be 
                coordinated to promote the purposes of this Act.
            (2) Fiscal agent.--The St. Augustine Lighthouse and Museum 
        has been designated as the fiscal agent for the heritage area. 
        As such, the St. Augustine Lighthouse and Museum shall receive 
        10 percent of funding received by the heritage area for the 
        initial 5 years of the existence of the heritage area to 
        partially offset costs incurred by the St Augustine Lighthouse 
        and Museum during the formation of the heritage area.
            (3) Cooperative development and implementation.--The 
        coordinating entity shall develop and implement the management 
        plan in cooperation with affected communities and local 
        governments and shall provide for public involvement in the 
        development and implementation of the management plan.
            (4) Effect of noncompliance.--If the coordinating entity 
        fails to submit a management plan to the Secretary as required 
        by paragraph (1), the heritage area shall no longer be eligible 
        to receive Federal funding under this Act until such time as a 
        plan is submitted to the Secretary.
            (5) Timeline for approval of plan.--The Secretary shall 
        approve or disapprove the management plan not later than 180 
        days after the date of its submission. If the Secretary 
        disapproves the management plan, the Secretary shall advise the 
        coordinating entity in writing of the reasons therefore and 
        shall make recommendations for revisions to the plan.
            (6) Revisions to plan.--The coordinating entity shall 
        periodically review the management plan and submit to the 
        Secretary any recommendations for proposed revisions to the 
        management plan. Any major revisions to the management plan 
        must be approved by the Secretary.
            (7) Approval of revisions.--The Secretary shall review and 
        approve or disapprove substantial amendments to the management 
        plan in accordance with paragraph (5).
    (b) Authority To Provide Assistance.--The coordinating entity may 
make grants and provide technical assistance to local governments, and 
other public and private entities to carry out the management plan.
    (c) Duties.--The coordinating entity shall--
            (1) give priority in implementing actions set forth in the 
        management plan;
            (2) coordinate with Tribal and local governments to better 
        enable them to adopt policies consistent with the goals of the 
        management plan;
            (3) encourage, by appropriate means, economic viability in 
        the heritage area consistent with the goals of the management 
        plan; and
            (4) assist Tribal and local governments, nonprofit 
        organizations, and private landowners in--
                    (A) establishing and maintaining interpretive 
                exhibits in the heritage area;
                    (B) developing outdoor recreational resources in 
                the heritage area;
                    (C) increasing public awareness of, and 
                appreciation for, the natural, cultural, historical, 
                archaeological, scenic, and outdoor recreational 
                resources and sites in the heritage area;
                    (D) the preservation and rehabilitation of historic 
                structures, archaeological sites, and natural resources 
                related to the heritage area;
                    (E) promoting cultural, traditional, and nature-
                themed events and attractions in the heritage area; and
                    (F) carrying out other actions that the 
                coordinating entity determines appropriate to fulfill 
                the purposes of this Act, consistent with the 
                management plan.
    (d) Prohibition on Acquiring Real Property.--The coordinating 
entity may not use Federal funds received under this Act to acquire 
real property or an interest in real property.
    (e) Public Meetings.--The coordinating entity shall hold public 
meetings at least annually regarding the implementation of the 
management plan.
    (f) Annual Reports and Audits.--
            (1) Annual reports.--For any year in which the management 
        entity receives Federal funds under this Act, the coordinating 
        entity shall submit an annual report to the Secretary setting 
        forth accomplishments, expenses and income, and each entity to 
        which any grant was made by the management entity.
            (2) Audit.--The management entity shall make available to 
        the Secretary for audit all records relating to the expenditure 
        of Federal funds and any matching funds. The management entity 
        shall also require, for all agreements authorizing expenditure 
        of Federal funds by other organizations, that the receiving 
        organization make available to the Secretary for audit all 
        records concerning the expenditure of those funds.

SEC. 6. DUTIES OF THE SECRETARY.

    (a) Technical and Financial Assistance.--The Secretary may, upon 
request of the coordinating entity, provide technical and financial 
assistance to develop and implement the management plan.
    (b) Priority.--In providing assistance under subsection (a), the 
Secretary shall give priority to actions that facilitate--
            (1) the conservation and promotion of the significant 
        natural, cultural, historical, archaeological, scenic, and 
        outdoor recreational resources of the heritage area; and
            (2) the provision of educational, interpretive, and 
        recreational opportunities consistent with the resources and 
        associated values of the heritage area.

SEC. 7. PRIVATE PROPERTY PROTECTION.

    (a) Access to Private Property.--Nothing in this Act shall be 
construed to--
            (1) require any private property owner to permit public 
        access, including Federal, State, or local government access, 
        to such private property; or
            (2) modify any provision of Federal, State, or local law 
        with regard to public access to or use of private lands.
    (b) Liability.--Designation of the heritage area shall not be 
considered to create any liability, or to have any effect on any 
liability under any other law, of any private property owner with 
respect to any persons injured on such private property.
    (c) Recognition of Authority To Control Land Use.--Nothing in this 
Act shall be construed to modify, enlarge, or diminish any authority of 
Federal, State, Tribal, or local governments to regulate land use.
    (d) Trust Responsibilities.--Nothing in this Act shall diminish the 
Federal Government's trust responsibilities or government-to-government 
obligations to a federally recognized Indian Tribe.
    (e) Tribal Lands.--Nothing in this Act shall restrict or limit a 
federally recognized Indian Tribe from protecting cultural or religious 
sites on tribal lands.
    (f) Participation of Private Property Owners in Heritage Area.--
Nothing in this Act shall be construed to require the owner of any 
private property located within the boundaries of the heritage area to 
participate in or be associated with the heritage area.
    (g) Effect of Establishment.--The boundaries designated for the 
heritage area represent the area within which Federal funds 
appropriated for the purpose of this Act shall be expended. The 
establishment of the heritage area and its boundaries shall not be 
construed to provide any non-existing regulatory authority on land use 
or water use within the heritage area or its viewshed by the Secretary 
or the coordinating entity.
    (h) Notification and Consent of Property Owners Required.--No 
privately owned property shall be preserved, conserved, or promoted by 
the management plan for the heritage area until the owner of that 
private property has been notified in writing by the coordinating 
entity and has given written consent for such preservation, 
conservation, or promotion to the coordinating entity.
    (i) Landowner Withdrawal.--Any owner of private property located 
within the boundary of the heritage area shall have their property 
immediately removed from inclusion in the heritage area by submitting a 
written request to the coordinating entity.

SEC. 8. SUNSET.

    The authority of the Secretary to provide assistance under this Act 
terminates on the date that is 15 years after the date of the enactment 
of this Act.
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