II 

117TH CONGRESS 

2D SESSION S. 3932 

To establish the Downeast Maine National Heritage Area in the State of 

Maine, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 28, 2022 

Mr. KING (for himself and Ms. COLLINS) introduced the following bill; which 

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

Resources 

A BILL 

To establish the Downeast Maine National Heritage Area 

in the State of Maine, 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 ‘‘Downeast Maine Na5 tional Heritage Area Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds that— 

8 (1) the area in Maine known as ‘‘Downeast 

9 Maine’’ embodies a nationally important story of the 


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1 longstanding human dependence on natural re2 sources to survive and thrive; 

3 (2) dramatic changes have occurred on many 

4 levels over the last several centuries in Downeast 

5 Maine, but even after 10,000 years— 

6 (A) the economy and well-being of 

7 Downeast Maine depends on the same natural 

8 resources that have existed for centuries; and 

9 (B) the culture of Downeast Maine con10 tinues to be shaped by those resources; 

11 (3) dependence on the natural resources in 

12 Downeast Maine for economic, community, and envi13 ronmental health has led to habitat conservation and 

14 species restoration initiatives that allow natural sys15 tems and cultural associations to remain intact in 

16 Downeast Maine; 

17 (4) coastal fisheries, forest products, agri18 culture, wild blueberries, subsistence harvests, out19 door recreation, tourism, and habitat conservation 

20 are the heart of the culture and economy of 

21 Downeast Maine; 

22 (5) traditions of trade and culture from the 

23 past can be experienced firsthand in Downeast 

24 Maine; 

25 (6) the Downeast Maine way of life is visible— 


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1 (A) in historic districts, working water2 fronts, and community festivals in Downeast 

3 Maine; and 

4 (B) at the 51 historical societies and muse5 ums located in Downeast Maine; 

6 (7) Passamaquoddy language and arts and tra7 ditions from the fishing, logging, maritime, and wild 

8 blueberry industries are preserved in audio and pho9 tographic collections in Downeast Maine; 

10 (8) markets and galleries in Downeast Maine 

11 showcase arts, foods, and utilitarian products cre12 ated with the natural resources of the area that can 

13 be purchased directly from the producer; 

14 (9) community festivals in Downeast Maine cel15 ebrate the nature-based culture of Downeast Maine; 

16 (10) lighthouses and watercraft dominate the 

17 coastal scenery in Downeast Maine; and 

18 (11) the scenic byways and network of land and 

19 water trails in Downeast Maine provide a physical 

20 experience of unique geologic features, waterways, 

21 wildlife, and working landscapes, such as wild blue22 berry fields and forests. 

23 SEC. 3. DEFINITIONS. 

24 In this Act: 


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

2 Area’’ means the Downeast Maine National Heritage 

3 Area established by section 4(a). 

4 (2) LOCAL COORDINATING ENTITY.—The term 

5 ‘‘local coordinating entity’’ means the local coordi6 nating entity for the Heritage Area designated by 

7 section 5(a). 

8 (3) MANAGEMENT PLAN.—The term ‘‘manage9 ment plan’’ means the plan developed by the local 

10 coordinating entity under section 6(a). 

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

12 the Secretary of the Interior. 

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

14 of Maine. 

15 SEC. 4. DOWNEAST MAINE NATIONAL HERITAGE AREA. 

16 (a) ESTABLISHMENT.—There is established the 

17 Downeast Maine National Heritage Area in the State. 

18 (b) BOUNDARIES.—The Heritage Area shall consist 

19 of Hancock and Washington Counties in the State. 

20 SEC. 5. DESIGNATION OF LOCAL COORDINATING ENTITY. 

21 (a) LOCAL COORDINATING ENTITY.—The Sunrise 

22 County Economic Council shall be the local coordinating 

23 entity for the Heritage Area. 

24 (b) AUTHORITIES OF LOCAL COORDINATING ENTI25 TY.—The local coordinating entity may, for purposes of 


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1 preparing and implementing the management plan, use 

2 Federal funds made available under this Act— 

3 (1) to prepare reports, studies, interpretive ex4 hibits and programs, historic preservation projects, 

5 and other activities recommended in the manage6 ment plan for the Heritage Area; 

7 (2) to make grants to the State, political sub8 divisions of the State, nonprofit organizations, and 

9 other persons; 

10 (3) to enter into cooperative agreements with 

11 the State, political subdivisions of the State, non12 profit organizations, and other organizations; 

13 (4) to hire and compensate staff; 

14 (5) to obtain funds or services from any source, 

15 including funds and services provided under any 

16 other Federal program or law; and 

17 (6) to contract for goods and services. 

18 (c) DUTIES OF LOCAL COORDINATING ENTITY.—To 

19 further the purposes of the Heritage Area, the local co20 ordinating entity shall— 

21 (1) prepare a management plan for the Herit22 age Area in accordance with section 6; 

23 (2) give priority to the implementation of ac24 tions, goals, and strategies set forth in the manageVerDate Sep 11 2014 00:33 Mar 29, 2022 Jkt 029200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3932.IS S3932

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1 ment plan, including assisting units of government 

2 and other persons in— 

3 (A) carrying out programs and projects 

4 that recognize and protect important resource 

5 values in the Heritage Area; 

6 (B) encouraging economic viability in the 

7 Heritage Area in accordance with the goals of 

8 the management plan; 

9 (C) establishing and maintaining interpre10 tive exhibits in the Heritage Area; 

11 (D) developing heritage-based recreational 

12 and educational opportunities for residents and 

13 visitors in the Heritage Area; 

14 (E) increasing public awareness of and ap15 preciation for the natural, historic, and cultural 

16 resources of the Heritage Area; 

17 (F) restoring historic buildings that are— 

18 (i) located in the Heritage Area; and 

19 (ii) related to the themes of the Herit20 age Area; and 

21 (G) installing throughout the Heritage 

22 Area clear, consistent, and appropriate signs 

23 identifying public access points and sites of in24 terest; 


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1 (3) consider the interests of diverse units of 

2 government, businesses, tourism officials, private 

3 property owners, and nonprofit groups within the 

4 Heritage Area in developing and implementing the 

5 management plan; 

6 (4) conduct public meetings at least semiannu7 ally regarding the development and implementation 

8 of the management plan; and 

9 (5) for any fiscal year for which Federal funds 

10 are received under this Act— 

11 (A) submit to the Secretary an annual re12 port that describes— 

13 (i) the accomplishments of the local 

14 coordinating entity; 

15 (ii) the expenses and income of the 

16 local coordinating entity; and 

17 (iii) the entities to which the local co18 ordinating entity made any grants; 

19 (B) make available for audit all records re20 lating to the expenditure of the Federal funds 

21 and any matching funds; and 

22 (C) require, with respect to all agreements 

23 authorizing the expenditure of Federal funds by 

24 other organizations, that the receiving organizaVerDate Sep 11 2014 00:33 Mar 29, 2022 Jkt 029200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S3932.IS S3932

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1 tions make available for audit all records relat2 ing to the expenditure of the Federal funds. 

3 SEC. 6. MANAGEMENT PLAN. 

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

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

6 this Act, the local coordinating entity shall prepare and 

7 submit to the Secretary a management plan for the Herit8 age Area. 

9 (b) CONTENTS.—The management plan for the Her10 itage Area shall— 

11 (1) include comprehensive policies, strategies, 

12 and recommendations for the conservation, funding, 

13 management, and development of the Heritage Area; 

14 (2) take into consideration existing State and 

15 local plans; 

16 (3) specify the existing and potential sources of 

17 funding to protect, manage, and develop the Herit18 age Area; 

19 (4) include an inventory of the natural, historic, 

20 cultural, educational, scenic, and recreational re21 sources of the Heritage Area relating to the themes 

22 of the Heritage Area that should be preserved, re23 stored, managed, developed, or maintained; and 

24 (5) include an analysis of, and recommenda25 tions for, ways in which Federal, State, and local 


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1 programs, may best be coordinated to further the 

2 purposes of this Act, including recommendations for 

3 the role of the National Park Service in the Heritage 

4 Area. 

5 (c) DISQUALIFICATION FROM FUNDING.—If a pro6 posed management plan is not submitted to the Secretary 

7 by the date that is 3 years after the date on which funds 

8 are first made available to carry out this Act, the local 

9 coordinating entity may not receive additional funding 

10 under this Act until the date on which the Secretary re11 ceives the proposed management plan. 

12 (d) APPROVAL AND DISAPPROVAL OF MANAGEMENT

13 PLAN.— 

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

15 after the date on which the local coordinating entity 

16 submits the management plan to the Secretary, the 

17 Secretary shall approve or disapprove the proposed 

18 management plan. 

19 (2) CONSIDERATIONS.—In determining whether 

20 to approve or disapprove the management plan, the 

21 Secretary shall consider whether— 

22 (A) the local coordinating entity is rep23 resentative of the diverse interests of the Herit24 age Area, including governments, natural and 

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1 cational institutions, businesses, and rec2 reational organizations; 

3 (B) the local coordinating entity has pro4 vided adequate opportunities (including public 

5 meetings) for public and governmental involve6 ment in the preparation of the management 

7 plan; 

8 (C) the resource protection and interpreta9 tion strategies contained in the management 

10 plan, if implemented, would adequately protect 

11 the natural, historic, and cultural resources of 

12 the Heritage Area; and 

13 (D) the management plan is supported by 

14 the appropriate State and local officials, the co15 operation of which is needed to ensure the ef16 fective implementation of the State and local 

17 aspects of the management plan. 

18 (3) DISAPPROVAL AND REVISIONS.— 

19 (A) IN GENERAL.—If the Secretary dis20 approves a proposed management plan, the Sec21 retary shall— 

22 (i) advise the local coordinating entity, 

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


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1 (ii) make recommendations for revi2 sion of the proposed management plan. 

3 (B) APPROVAL OR DISAPPROVAL.—The 

4 Secretary shall approve or disapprove a revised 

5 management plan not later than 180 days after 

6 the date on which the revised management plan 

7 is submitted. 

8 (e) APPROVAL OF AMENDMENTS.— 

9 (1) IN GENERAL.—The Secretary shall review 

10 and approve or disapprove substantial amendments 

11 to the management plan in accordance with sub12 section (d). 

13 (2) FUNDING.—Funds appropriated under this 

14 Act may not be expended to implement any changes 

15 made by an amendment to the management plan 

16 until the Secretary approves the amendment. 

17 SEC. 7. RELATIONSHIP TO OTHER FEDERAL AGENCIES. 

18 (a) IN GENERAL.—Nothing in this Act affects the au19 thority of a Federal agency to provide technical or finan20 cial assistance under any other law. 

21 (b) CONSULTATION AND COORDINATION.—The head 

22 of any Federal agency planning to conduct activities that 

23 may have an impact on the Heritage Area is encouraged 

24 to consult and coordinate the activities with the Secretary 

25 and the local coordinating entity to the extent practicable. 


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

2 Act— 

3 (1) modifies, alters, or amends any law or regu4 lation authorizing a Federal agency to manage Fed5 eral land under the jurisdiction of the Federal agen6 cy; 

7 (2) limits the discretion of a Federal land man8 ager to implement an approved land use plan within 

9 the boundaries of the Heritage Area; or 

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

11 use of Federal land under the jurisdiction of a Fed12 eral agency. 

13 SEC. 8. PRIVATE PROPERTY AND REGULATORY PROTEC14 TIONS. 

15 Nothing in this Act— 

16 (1) abridges the rights of any property owner 

17 (whether public or private), including the right to re18 frain from participating in any plan, project, pro19 gram, or activity conducted within the Heritage 

20 Area; 

21 (2) requires any property owner to permit pub22 lic access (including access by Federal, State, or 

23 local agencies) to the property of the property 

24 owner, or to modify public access or use of property 


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1 of the property owner under any other Federal, 

2 State, or local law; 

3 (3) alters any duly adopted land use regulation, 

4 approved land use plan, or other regulatory author5 ity of any Federal, State, or local agency, or conveys 

6 any land use or other regulatory authority to the 

7 local coordinating entity; 

8 (4) authorizes or implies the reservation or ap9 propriation of water or water rights; 

10 (5) diminishes the authority of the State to 

11 manage fish and wildlife, including the regulation of 

12 fishing and hunting within the Heritage Area; or 

13 (6) creates any liability, or affects any liability 

14 under any other law, of any private property owner 

15 with respect to any person injured on the private 

16 property. 

17 SEC. 9. EVALUATION; REPORT. 

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

19 date on which authority for Federal funding terminates 

20 for the Heritage Area, the Secretary shall— 

21 (1) conduct an evaluation of the accomplish22 ments of the Heritage Area; and 

23 (2) prepare a report in accordance with sub24 section (c). 


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1 (b) EVALUATION.—An evaluation conducted under 

2 subsection (a)(1) shall— 

3 (1) assess the progress of the local coordinating 

4 entity with respect to— 

5 (A) accomplishing the purposes of this Act 

6 for the Heritage Area; and 

7 (B) achieving the goals and objectives of 

8 the approved management plan for the Heritage 

9 Area; 

10 (2) analyze the Federal, State, local, and pri11 vate investments in the Heritage Area to determine 

12 the leverage and impact of the investments; and 

13 (3) review the management structure, partner14 ship relationships, and funding of the Heritage Area 

15 for purposes of identifying the critical components 

16 for sustainability of the Heritage Area. 

17 (c) REPORT.— 

18 (1) IN GENERAL.—Based on the evaluation con19 ducted under subsection (a)(1), the Secretary shall 

20 prepare a report that includes recommendations for 

21 the future role of the National Park Service, if any, 

22 with respect to the Heritage Area. 

23 (2) REQUIRED ANALYSIS.—If the report pre24 pared under paragraph (1) recommends that FedVerDate Sep 11 2014 00:33 Mar 29, 2022 Jkt 029200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S3932.IS S3932

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1 eral funding for the Heritage Area be reauthorized, 

2 the report shall include an analysis of— 

3 (A) ways in which Federal funding for the 

4 Heritage Area may be reduced or eliminated; 

5 and 

6 (B) the appropriate time period necessary 

7 to achieve the recommended reduction or elimi8 nation. 

9 (3) SUBMISSION TO CONGRESS.—On completion 

10 of the report, the Secretary shall submit the report 

11 to— 

12 (A) the Committee on Energy and Natural 

13 Resources of the Senate; and 

14 (B) the Committee on Natural Resources 

15 of the House of Representatives. 

16 SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 

17 (a) IN GENERAL.—There is authorized to be appro18 priated for the Heritage Area $10,000,000, of which not 

19 more than $1,000,000 is authorized to be appropriated for 

20 any fiscal year. 

21 (b) AVAILABILITY.—Amounts made available under 

22 subsection (a) shall remain available until expended. 

23 (c) COST-SHARING REQUIREMENT.— 

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

25 total cost of any activity carried out using funds 


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1 made available under this Act shall be not more 

2 than 50 percent. 

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

4 cost of any activity carried out using funds made 

5 available under this Act may be in the form of in6 kind contributions of goods or services fairly valued. 

7 SEC. 11. TERMINATION OF AUTHORITY. 

8 The authority of the Secretary to provide financial 

9 assistance under this Act terminates on the date that is 

10 15 years after the date of enactment of this Act. 

Æ 


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