I 

113TH CONGRESS 

2D SESSION H. R. 5038 

To establish the Maritime Washington National Heritage Area in the State 

of Washington, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 9, 2014 

Mr. KILMER (for himself and Mr. HECK of Washington) introduced the 

following bill; which was referred to the Committee on Natural Resources 

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’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

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

9 Area’’ means the Maritime Washington National 

10 Heritage Area established by section 4. 

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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 4(b). 

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

7 Heritage Area specified in section 6. 

8 (4) MAP.—The term ‘‘map’’ means the undated 

9 overview map entitled ‘‘Washington State Maritime 

10 Heritage Area Proposed Boundary’’ and the associ11 ated index maps. 

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

13 the Secretary of the Interior. 

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

15 of Washington. 

16 SEC. 3. PURPOSES. 

17 The purposes of this Act are— 

18 (1) to encourage and strengthen partnerships 

19 and collaboration among maritime interests for the 

20 purpose of economic development and heritage tour21 ism; 

22 (2) to recognize that waterfronts are both a 

23 foundational part of Washington’s heritage and dy24 namic places that are constantly adapting to new op25 portunities and challenges; 

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1 (3) to recognize, interpret, and conserve the di2 verse and abundant nationally significant maritime3 related objects, sites, structures, places, events, and 

4 activities that collectively form a distinctive land5 scape in western Washington State’s ports and 

6 coastal communities; 

7 (4) to recognize and interpret the impact of this 

8 nationally important maritime landscape on Native 

9 American and European-American heritage; 

10 (5) to preserve landscapes, communities, tradi11 tions, historic sites, and natural features in the Her12 itage Area associated with this maritime history; 

13 (6) to promote heritage, cultural, and rec14 reational tourism, and to develop educational, inter15 pretive, recreational, and cultural programs through 

16 partnerships for the benefit of visitors and the gen17 eral public; and 

18 (7) to provide appropriate linkages between 

19 Federal, State, and local historic sites, and commu20 nities, governments, businesses, organizations, and 

21 individuals that stimulate appropriate and compat22 ible economic vitality within the Heritage Area, with23 out modifying the authority of any State, tribal, or 

24 local government to regulate land use, public land 

25 policy, or private activity. 

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1 SEC. 4. MARITIME WASHINGTON NATIONAL HERITAGE 

2 AREA. 

3 (a) ESTABLISHMENT.—There is established the Mar4 itime Washington National Heritage Area in the counties 

5 of Whatcom, Skagit, Snohomish, San Juan, Island, King, 

6 Pierce, Thurston, Mason, Kitsap, Jefferson, Clallam, and 

7 Grays Harbor in the State of Washington. 

8 (b) BOUNDARIES.— 

9 (1) IN GENERAL.—The Heritage Area shall 

10 consist of Federal, State, local, and tribal lands that 

11 allow public access and are at least partly located 

12 within one-quarter mile landward of the shoreline, as 

13 generally depicted on the map. 

14 (2) REVISION.—The boundaries of the Heritage 

15 Area may be revised if the revision is— 

16 (A) proposed in the management plan; 

17 (B) approved by the Secretary in accord18 ance with section 5; and 

19 (C) placed on file in accordance with para20 graph 3. 

21 (3) AVAILABILITY OF MAP.—The map shall be 

22 on file and available for public inspection in the ap23 propriate offices of the National Park Service and 

24 the local coordinating entity. 

25 (4) LOCAL COORDINATING ENTITY.—The local 

26 coordinating entity for the Heritage Area shall be 

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1 the Pacific Northwest Maritime Heritage Advisory 

2 Council, operating under the Washington Trust for 

3 Historic Preservation. 

4 SEC. 5. DUTIES AND AUTHORITIES OF THE LOCAL COORDI5 NATING ENTITY. 

6 (a) DUTIES OF THE LOCAL COORDINATING ENTI7 TY.—To further the purposes of the Heritage Area, the 

8 local coordinating entity shall— 

9 (1) prepare and submit to the Secretary in ac10 cordance with section 6, a management plan for the 

11 Heritage Area; 

12 (2) assist willing partners, such as units of 

13 State, local, and tribal governments, regional plan14 ning organizations and private organizations, in im15 plementing the approved management plan by— 

16 (A) advocating for and carrying out pro17 grams and projects that recognize and protect 

18 important resource values within the Heritage 

19 Area; 

20 (B) promoting, developing, and maintain21 ing interpretive exhibits and programs within 

22 the Heritage Area; 

23 (C) promoting or developing recreational 

24 and educational opportunities in the Heritage 

25 Area; 

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1 (D) increasing public awareness of, and 

2 appreciation for, natural, historic, scenic, rec3 reational, and cultural resources of the Herit4 age Area; 

5 (E) advocating for the protection and pres6 ervation of historic sites, structures, objects, 

7 and buildings in the Heritage Area that are 

8 consistent with the themes of the Heritage 

9 Area; 

10 (F) ensuring that signs identifying points 

11 of public access and sites of interest are posted 

12 throughout the Heritage Area; and 

13 (G) promoting a wide range of partner14 ships among governments, businesses, organiza15 tions, and individuals to further the purposes of 

16 the Heritage Area; 

17 (3) consider the interests of diverse units of 

18 government, businesses, organizations, and individ19 uals in the Heritage Area in the preparation and im20 plementation of the management plan; 

21 (4) undertake an open and transparent process 

22 for the development and implementation of the man23 agement plan by holding regular public meetings; 

24 (5) submit an annual report to the Secretary 

25 for each fiscal year in which the local coordinating 

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1 entity receives Federal funds under this Act speci2 fying— 

3 (A) the goals and accomplishments of the 

4 local coordinating entity; 

5 (B) the expenses and income of the local 

6 coordinating entity; 

7 (C) the amounts and sources of matching 

8 funds; 

9 (D) the amounts leveraged with Federal 

10 funds and sources of the leveraged funds; 

11 (E) grants made to any other entities dur12 ing the fiscal year; and 

13 (F) critical components for sustainability 

14 of the Heritage Area; 

15 (6) make available for audit for any fiscal year 

16 for which the local coordinating entity receives Fed17 eral funds under this Act, all information pertaining 

18 to the expenditure of such funds and any matching 

19 funds; 

20 (7) in all agreements authorizing expenditures 

21 of Federal funds by other organizations, that the re22 ceiving organizations make available for audit all 

23 records and other information pertaining to the ex24 penditure of such funds; and 

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1 (8) encourage and strengthen partnerships and 

2 collaboration among maritime interests, by appro3 priate means, for economic development and herit4 age tourism consistent with the purposes of the Her5 itage Area. 

6 (b) AUTHORITIES.—The local coordinating entity 

7 may, subject to the prior approval of the Secretary, for 

8 the purposes of preparing and implementing the manage9 ment plan, use Federal funds made available under this 

10 Act to— 

11 (1) make grants to the State, political subdivi12 sions of the State, nonprofit organizations, and 

13 other persons; 

14 (2) enter into cooperative agreements with, or 

15 provide technical assistance to, the State, political 

16 subdivisions of the State, nonprofit organizations, 

17 Federal agencies, and other interested parties; 

18 (3) hire and compensate staff; 

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

20 including funds and services provided under any 

21 other Federal law or program; 

22 (5) contract for goods or services; and 

23 (6) support activities of partners and any other 

24 activities that further the purposes of the Heritage 

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1 Area and are consistent with the approved manage2 ment plan. 

3 (c) PROHIBITION ON THE ACQUISITION OF REAL

4 PROPERTY.—The local coordinating entity may not use 

5 Federal funds received under this Act to acquire any inter6 est in real property. 

7 SEC. 6. MANAGEMENT PLAN. 

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

9 date on which funds are made available to develop the 

10 management plan, the local coordinating entity shall sub11 mit to the Secretary for approval a proposed management 

12 plan for the Heritage Area. 

13 (b) REQUIREMENTS.—The management plan for the 

14 Heritage Area shall— 

15 (1) describe comprehensive policies, goals, strat16 egies, and recommendations for the conservation, 

17 funding, management, interpretation, and develop18 ment of the Heritage Area; 

19 (2) take into consideration existing State and 

20 local plans in the development and implementation 

21 of the management plan; 

22 (3) include a description of actions and commit23 ments that governments, private organizations, and 

24 individuals plan to take to protect, enhance, and inmstockstill on DSK4VPTVN1PROD with BILLS

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1 terpret the natural, historic, scenic, and cultural re2 sources of the Heritage Area; 

3 (4) specify existing and potential sources of 

4 funding or economic development strategies to con5 serve, manage, and develop the Heritage Area; 

6 (5) include an inventory of the natural, historic, 

7 cultural, educational, scenic, and recreational re8 sources of the Heritage Area relating to the stories 

9 and themes of the Heritage Area that should be pro10 tected, enhanced, managed, or developed; 

11 (6) recommend policies and strategies for re12 source management, including the development of 

13 intergovernmental and interagency agreements, to 

14 protect the natural, historic, cultural, educational, 

15 scenic, and recreational resources of the Heritage 

16 Area; 

17 (7) describe a program for implementation of 

18 the management plan including— 

19 (A) performance goals; 

20 (B) an approximate timeline for implemen21 tation; 

22 (C) specific commitments for implementa23 tion; and 

24 (D) how the plan will be evaluated and up25 dated; 

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1 (8) include an analysis of, and recommenda2 tions for, ways in which Federal, State, tribal, and 

3 local programs may best be coordinated (including 

4 the role of the National Park Service and other Fed5 eral agencies associated with the Heritage Area) to 

6 further the purposes of this Act; 

7 (9) provide recommendations for educational 

8 and interpretive programs to inform the public about 

9 the resources of the Heritage Area; and 

10 (10) include a business plan that— 

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

12 and functions of the local coordinating entity 

13 and of each of the major activities contained in 

14 the management plan; 

15 (B) provides adequate assurances that the 

16 local coordinating entity has the partnerships 

17 and financial and other resources necessary to 

18 implement the management plan for the Herit19 age Area; and 

20 (C) describes goals and recommendations 

21 for sustainability of the coordinating entity 

22 through the term of the legislation. 

23 (c) TERMINATION OF FUNDING.—If the management 

24 plan is not submitted to the Secretary in accordance with 

25 this section, the local coordinating entity shall not qualify 

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1 for additional financial assistance under this Act until 

2 such time as the management plan is submitted to, and 

3 approved by, the Secretary. 

4 (d) APPROVAL OF MANAGEMENT PLAN.— 

5 (1) REVIEW.—Not later than 180 days after 

6 the date on which the Secretary receives the man7 agement plan, the Secretary shall approve or dis8 approve the management plan. 

9 (2) CRITERIA FOR APPROVAL.—In determining 

10 the approval of the management plan, the Secretary 

11 shall consider whether— 

12 (A) the local coordinating entity represents 

13 the diverse interests of the Heritage Area, in14 cluding governments, resource-related organiza15 tions, educational institutions, ports, businesses, 

16 community residents, and recreational organiza17 tions; 

18 (B) the local coordinating entity has af19 forded adequate opportunity for public and gov20 ernmental involvement (including workshops 

21 and public meetings) in the preparation of the 

22 management plan; 

23 (C) the conservation and interpretation 

24 strategies described in the management plan, if 

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1 implemented, are compatible and consistent 

2 with this Act; 

3 (D) the management plan would not ad4 versely affect any activities authorized on Fed5 eral, State, local, or tribal lands under applica6 ble laws or land-use plans; 

7 (E) the Secretary has received adequate 

8 assurances from the appropriate State, tribal, 

9 and local officials whose support is needed to 

10 ensure the effective implementation of the 

11 State, tribal, and local aspects of the manage12 ment plan; 

13 (F) the local coordinating entity has identi14 fied existing and potential sources of funding 

15 for implementing the management plan in part16 nership with others; and 

17 (G) provisions for long-term sustainability 

18 of the Heritage Area are in place. 

19 (3) ACTION FOLLOWING DISAPPROVAL.— 

20 (A) IN GENERAL.—If the Secretary dis21 approves the management plan, the Secretary— 

22 (i) shall advise the local coordinating 

23 entity in writing of the reasons for the dis24 approval; and 

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1 (ii) may make recommendations to the 

2 local coordinating entity for revisions to 

3 the management plan. 

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

5 after receiving a revised management plan, the 

6 Secretary shall approve or disapprove the re7 vised management plan. 

8 (4) AMENDMENTS.— 

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

10 management plan that substantially alters the 

11 management plan shall be reviewed by the Sec12 retary and approved or disapproved in the same 

13 manner as the original management plan. 

14 (B) IMPLEMENTATION.—The local coordi15 nating entity shall not use Federal funds au16 thorized to be appropriated by this Act to im17 plement any amendment to the management 

18 plan until the Secretary approves the amend19 ment. 

20 SEC. 7. DUTIES AND AUTHORITIES OF THE SECRETARY. 

21 (a) TECHNICAL AND FINANCIAL ASSISTANCE.— 

22 (1) IN GENERAL.—On the request of the local 

23 coordinating entity, the Secretary may provide tech24 nical and financial assistance, on a reimbursable or 

25 nonreimbursable basis (as determined by the Secmstockstill on DSK4VPTVN1PROD with BILLS

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1 retary), to the local coordinating entity to develop 

2 and implement the management plan. 

3 (2) COOPERATIVE AGREEMENTS.—The Sec4 retary may enter into cooperative agreements with 

5 the local coordinating entity and other public or pri6 vate organizations to provide technical or financial 

7 assistance under paragraph (1). 

8 (3) PRIORITY.—In assisting the Heritage Area, 

9 the Secretary shall give priority to actions that as10 sist in— 

11 (A) conserving the significant historic and 

12 cultural maritime-related resources of the Her13 itage Area; and 

14 (B) providing educational, interpretive, and 

15 recreational opportunities for the public con16 sistent with the purposes of the Heritage Area. 

17 (b) EVALUATION; REPORT.— 

18 (1) IN GENERAL.—Not later than 3 years be19 fore the date on which authority for Federal funding 

20 terminates for the Heritage Area under section 10, 

21 the Secretary shall— 

22 (A) conduct an evaluation of the accom23 plishments of the Heritage Area; and 

24 (B) prepare a report with recommenda25 tions for the future role of the National Park 

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1 Service, if any, with respect to the Heritage 

2 Area, in accordance with paragraph (3). 

3 (2) EVALUATION COMPONENTS.—An evaluation 

4 conducted under paragraph (1)(A) shall— 

5 (A) assess the progress of the local coordi6 nating entity with respect to— 

7 (i) accomplishing the purposes of this 

8 Act for the Heritage Area; and 

9 (ii) achieving the goals and objectives 

10 of the approved management plan for the 

11 Heritage Area; 

12 (B) analyze the Federal, State, local, and 

13 private investments in the Heritage Area to de14 termine the leverage and impact of the invest15 ments; and 

16 (C) review the management structure, 

17 partnership relationships, and funding of the 

18 Heritage Area for purposes of identifying the 

19 critical components for sustainability of the 

20 Heritage Area. 

21 (3) RECOMMENDATIONS.— 

22 (A) IN GENERAL.—Based on the evalua23 tion conducted under paragraph (1)(A), the 

24 Secretary shall prepare a report that includes 

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1 tional Park Service, if any, with respect to the 

2 Heritage Area. 

3 (B) REQUIRED ANALYSIS.—If the report 

4 prepared under this paragraph recommends 

5 that Federal funding for the Heritage Area be 

6 reauthorized, the report shall include an anal7 ysis of— 

8 (i) ways in which Federal funding for 

9 the Heritage Area may be reduced or 

10 eliminated; and 

11 (ii) the appropriate time period nec12 essary to achieve the recommended reduc13 tion or elimination. 

14 (C) SUBMISSION TO CONGRESS.—On com15 pletion of a report under this paragraph, the 

16 Secretary shall submit the report to— 

17 (i) the Committee on Energy and 

18 Natural Resources of the Senate; and 

19 (ii) the Committee on Natural Re20 sources of the House of Representatives. 

21 SEC. 8. RELATIONSHIP TO OTHER FEDERAL AGENCIES. 

22 (a) IN GENERAL.—Nothing in this Act affects the au23 thority of any Federal agency to provide technical or fi24 nancial assistance under any other law. 

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1 (b) CONSULTATION AND COORDINATION.—To the 

2 maximum extent practicable, the head of any Federal 

3 agency planning to conduct activities that may have an 

4 impact on the Heritage Area is encouraged to consult and 

5 coordinate the activities with the Secretary and the local 

6 coordinating entity. 

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

8 Act— 

9 (1) modifies, alters, or amends any laws (in10 cluding regulations) authorizing a Federal agency to 

11 manage land under the jurisdiction of the Federal 

12 agency; 

13 (2) limits the discretion of a Federal land man14 ager to implement an approved land-use plan within 

15 the boundaries of the Heritage Area; or 

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

17 use of Federal land under the jurisdiction of a Fed18 eral agency. 

19 SEC. 9. PROPERTY OWNERS AND REGULATORY PROTEC20 TIONS. 

21 Nothing in this Act— 

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

23 or private property, including the right to refrain 

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

25 activity conducted within the Heritage Area; 

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1 (2) requires any property owner to— 

2 (A) permit public access (including Fed3 eral, State, tribal, or local government access) 

4 to the property; or 

5 (B) modify any provisions of Federal, 

6 State, tribal, or local law with regard to public 

7 access or use of private land; 

8 (3) alters any duly adopted land-use regula9 tions, approved land-use plan, or any other regu10 latory authority of any Federal, State, or local agen11 cy, or tribal government; 

12 (4) conveys any land use or other regulatory 

13 authority to the local coordinating entity; 

14 (5) authorizes or implies the reservation or ap15 propriation of water or water rights; 

16 (6) diminishes the authority of the State to 

17 manage fish and wildlife, including the regulation of 

18 fishing and hunting within the Heritage Area; or 

19 (7) creates any liability, or affects any liability 

20 under any other law, of any private property owner 

21 with respect to any person injured on the private 

22 property. 

23 SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 

24 (a) IN GENERAL.—There is authorized to be appro25 priated to carry out this Act $10,000,000, of which not 

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1 more than $500,000 shall be made available for any fiscal 

2 year. 

3 (b) AVAILABILITY.—Funds made available under 

4 subsection (a) shall remain available until expended. 

5 (c) COST-SHARING REQUIREMENT.— 

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

7 total cost of any activity under this section shall be 

8 not more than 50 percent. 

9 (2) FORM.—The non-Federal contribution— 

10 (A) shall be from non-Federal sources; and 

11 (B) may be in the form of in-kind con12 tributions of goods or services fairly valued. 

13 SEC. 11. TERMINATION OF FINANCIAL ASSISTANCE. 

14 The authority of the Secretary to provide financial 

15 assistance under this Act terminates on the date that is 

16 15 years after the date of enactment of the Act. 

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