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[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3932 Introduced in Senate (IS)]

<DOC>

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.

    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 ``Downeast Maine National Heritage 
Area Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the area in Maine known as ``Downeast Maine'' embodies 
        a nationally important story of the longstanding human 
        dependence on natural resources to survive and thrive;
            (2) dramatic changes have occurred on many levels over the 
        last several centuries in Downeast Maine, but even after 10,000 
        years--
                    (A) the economy and well-being of Downeast Maine 
                depends on the same natural resources that have existed 
                for centuries; and
                    (B) the culture of Downeast Maine continues to be 
                shaped by those resources;
            (3) dependence on the natural resources in Downeast Maine 
        for economic, community, and environmental health has led to 
        habitat conservation and species restoration initiatives that 
        allow natural systems and cultural associations to remain 
        intact in Downeast Maine;
            (4) coastal fisheries, forest products, agriculture, wild 
        blueberries, subsistence harvests, outdoor recreation, tourism, 
        and habitat conservation are the heart of the culture and 
        economy of Downeast Maine;
            (5) traditions of trade and culture from the past can be 
        experienced firsthand in Downeast Maine;
            (6) the Downeast Maine way of life is visible--
                    (A) in historic districts, working waterfronts, and 
                community festivals in Downeast Maine; and
                    (B) at the 51 historical societies and museums 
                located in Downeast Maine;
            (7) Passamaquoddy language and arts and traditions from the 
        fishing, logging, maritime, and wild blueberry industries are 
        preserved in audio and photographic collections in Downeast 
        Maine;
            (8) markets and galleries in Downeast Maine showcase arts, 
        foods, and utilitarian products created with the natural 
        resources of the area that can be purchased directly from the 
        producer;
            (9) community festivals in Downeast Maine celebrate the 
        nature-based culture of Downeast Maine;
            (10) lighthouses and watercraft dominate the coastal 
        scenery in Downeast Maine; and
            (11) the scenic byways and network of land and water trails 
        in Downeast Maine provide a physical experience of unique 
        geologic features, waterways, wildlife, and working landscapes, 
        such as wild blueberry fields and forests.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Heritage area.--The term ``Heritage Area'' means the 
        Downeast Maine National Heritage Area established by section 
        4(a).
            (2) Local coordinating entity.--The term ``local 
        coordinating entity'' means the local coordinating entity for 
        the Heritage Area designated by section 5(a).
            (3) Management plan.--The term ``management plan'' means 
        the plan developed by the local coordinating entity under 
        section 6(a).
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (5) State.--The term ``State'' means the State of Maine.

SEC. 4. DOWNEAST MAINE NATIONAL HERITAGE AREA.

    (a) Establishment.--There is established the Downeast Maine 
National Heritage Area in the State.
    (b) Boundaries.--The Heritage Area shall consist of Hancock and 
Washington Counties in the State.

SEC. 5. DESIGNATION OF LOCAL COORDINATING ENTITY.

    (a) Local Coordinating Entity.--The Sunrise County Economic Council 
shall be the local coordinating entity for the Heritage Area.
    (b) Authorities of Local Coordinating Entity.--The local 
coordinating entity may, for purposes of preparing and implementing the 
management plan, use Federal funds made available under this Act--
            (1) to prepare reports, studies, interpretive exhibits and 
        programs, historic preservation projects, and other activities 
        recommended in the management plan for the Heritage Area;
            (2) to make grants to the State, political subdivisions of 
        the State, nonprofit organizations, and other persons;
            (3) to enter into cooperative agreements with the State, 
        political subdivisions of the State, nonprofit organizations, 
        and other organizations;
            (4) to hire and compensate staff;
            (5) to obtain funds or services from any source, including 
        funds and services provided under any other Federal program or 
        law; and
            (6) to contract for goods and services.
    (c) Duties of Local Coordinating Entity.--To further the purposes 
of the Heritage Area, the local coordinating entity shall--
            (1) prepare a management plan for the Heritage Area in 
        accordance with section 6;
            (2) give priority to the implementation of actions, goals, 
        and strategies set forth in the management plan, including 
        assisting units of government and other persons in--
                    (A) carrying out programs and projects that 
                recognize and protect important resource values in the 
                Heritage Area;
                    (B) encouraging economic viability in the Heritage 
                Area in accordance with the goals of the management 
                plan;
                    (C) establishing and maintaining interpretive 
                exhibits in the Heritage Area;
                    (D) developing heritage-based recreational and 
                educational opportunities for residents and visitors in 
                the Heritage Area;
                    (E) increasing public awareness of and appreciation 
                for the natural, historic, and cultural resources of 
                the Heritage Area;
                    (F) restoring historic buildings that are--
                            (i) located in the Heritage Area; and
                            (ii) related to the themes of the Heritage 
                        Area; and
                    (G) installing throughout the Heritage Area clear, 
                consistent, and appropriate signs identifying public 
                access points and sites of interest;
            (3) consider the interests of diverse units of government, 
        businesses, tourism officials, private property owners, and 
        nonprofit groups within the Heritage Area in developing and 
        implementing the management plan;
            (4) conduct public meetings at least semiannually regarding 
        the development and implementation of the management plan; and
            (5) for any fiscal year for which Federal funds are 
        received under this Act--
                    (A) submit to the Secretary an annual report that 
                describes--
                            (i) the accomplishments of the local 
                        coordinating entity;
                            (ii) the expenses and income of the local 
                        coordinating entity; and
                            (iii) the entities to which the local 
                        coordinating entity made any grants;
                    (B) make available for audit all records relating 
                to the expenditure of the Federal funds and any 
                matching funds; and
                    (C) require, with respect to all agreements 
                authorizing the expenditure of Federal funds by other 
                organizations, that the receiving organizations make 
                available for audit all records relating to the 
                expenditure of the Federal funds.

SEC. 6. MANAGEMENT PLAN.

    (a) In General.--Not later than 3 years after the date on which 
funds are first made available to carry out this Act, the local 
coordinating entity shall prepare and submit to the Secretary a 
management plan for the Heritage Area.
    (b) Contents.--The management plan for the Heritage Area shall--
            (1) include comprehensive policies, strategies, and 
        recommendations for the conservation, funding, management, and 
        development of the Heritage Area;
            (2) take into consideration existing State and local plans;
            (3) specify the existing and potential sources of funding 
        to protect, manage, and develop the Heritage Area;
            (4) include an inventory of the natural, historic, 
        cultural, educational, scenic, and recreational resources of 
        the Heritage Area relating to the themes of the Heritage Area 
        that should be preserved, restored, managed, developed, or 
        maintained; and
            (5) include an analysis of, and recommendations for, ways 
        in which Federal, State, and local programs, may best be 
        coordinated to further the purposes of this Act, including 
        recommendations for the role of the National Park Service in 
        the Heritage Area.
    (c) Disqualification From Funding.--If a proposed management plan 
is not submitted to the Secretary by the date that is 3 years after the 
date on which funds are first made available to carry out this Act, the 
local coordinating entity may not receive additional funding under this 
Act until the date on which the Secretary receives the proposed 
management plan.
    (d) Approval and Disapproval of Management Plan.--
            (1) In general.--Not later than 180 days after the date on 
        which the local coordinating entity submits the management plan 
        to the Secretary, the Secretary shall approve or disapprove the 
        proposed management plan.
            (2) Considerations.--In determining whether to approve or 
        disapprove the management plan, the Secretary shall consider 
        whether--
                    (A) the local coordinating entity is representative 
                of the diverse interests of the Heritage Area, 
                including governments, natural and historic resource 
                protection organizations, educational institutions, 
                businesses, and recreational organizations;
                    (B) the local coordinating entity has provided 
                adequate opportunities (including public meetings) for 
                public and governmental involvement in the preparation 
                of the management plan;
                    (C) the resource protection and interpretation 
                strategies contained in the management plan, if 
                implemented, would adequately protect the natural, 
                historic, and cultural resources of the Heritage Area; 
                and
                    (D) the management plan is supported by the 
                appropriate State and local officials, the cooperation 
                of which is needed to ensure the effective 
                implementation of the State and local aspects of the 
                management plan.
            (3) Disapproval and revisions.--
                    (A) In general.--If the Secretary disapproves a 
                proposed management plan, the Secretary shall--
                            (i) advise the local coordinating entity, 
                        in writing, of the reasons for the disapproval; 
                        and
                            (ii) make recommendations for revision of 
                        the proposed management plan.
                    (B) Approval or disapproval.--The Secretary shall 
                approve or disapprove a revised management plan not 
                later than 180 days after the date on which the revised 
                management plan is submitted.
    (e) Approval of Amendments.--
            (1) In general.--The Secretary shall review and approve or 
        disapprove substantial amendments to the management plan in 
        accordance with subsection (d).
            (2) Funding.--Funds appropriated under this Act may not be 
        expended to implement any changes made by an amendment to the 
        management plan until the Secretary approves the amendment.

SEC. 7. RELATIONSHIP TO OTHER FEDERAL AGENCIES.

    (a) In General.--Nothing in this Act affects the authority of a 
Federal agency to provide technical or financial assistance under any 
other law.
    (b) Consultation and Coordination.--The head of any Federal agency 
planning to conduct activities that may have an impact on the Heritage 
Area is encouraged to consult and coordinate the activities with the 
Secretary and the local coordinating entity to the extent practicable.
    (c) Other Federal Agencies.--Nothing in this Act--
            (1) modifies, alters, or amends any law or regulation 
        authorizing a Federal agency to manage Federal land under the 
        jurisdiction of the Federal agency;
            (2) limits the discretion of a Federal land manager to 
        implement an approved land use plan within the boundaries of 
        the Heritage Area; or
            (3) modifies, alters, or amends any authorized use of 
        Federal land under the jurisdiction of a Federal agency.

SEC. 8. PRIVATE PROPERTY AND REGULATORY PROTECTIONS.

    Nothing in this Act--
            (1) abridges the rights of any property owner (whether 
        public or private), including the right to refrain from 
        participating in any plan, project, program, or activity 
        conducted within the Heritage Area;
            (2) requires any property owner to permit public access 
        (including access by Federal, State, or local agencies) to the 
        property of the property owner, or to modify public access or 
        use of property of the property owner under any other Federal, 
        State, or local law;
            (3) alters any duly adopted land use regulation, approved 
        land use plan, or other regulatory authority of any Federal, 
        State, or local agency, or conveys any land use or other 
        regulatory authority to the local coordinating entity;
            (4) authorizes or implies the reservation or appropriation 
        of water or water rights;
            (5) diminishes the authority of the State to manage fish 
        and wildlife, including the regulation of fishing and hunting 
        within the Heritage Area; or
            (6) creates any liability, or affects any liability under 
        any other law, of any private property owner with respect to 
        any person injured on the private property.

SEC. 9. EVALUATION; REPORT.

    (a) In General.--Not later than 3 years before the date on which 
authority for Federal funding terminates for the Heritage Area, the 
Secretary shall--
            (1) conduct an evaluation of the accomplishments of the 
        Heritage Area; and
            (2) prepare a report in accordance with subsection (c).
    (b) Evaluation.--An evaluation conducted under subsection (a)(1) 
shall--
            (1) assess the progress of the local coordinating entity 
        with respect to--
                    (A) accomplishing the purposes of this Act for the 
                Heritage Area; and
                    (B) achieving the goals and objectives of the 
                approved management plan for the Heritage Area;
            (2) analyze the Federal, State, local, and private 
        investments in the Heritage Area to determine the leverage and 
        impact of the investments; and
            (3) review the management structure, partnership 
        relationships, and funding of the Heritage Area for purposes of 
        identifying the critical components for sustainability of the 
        Heritage Area.
    (c) Report.--
            (1) In general.--Based on the evaluation conducted under 
        subsection (a)(1), the Secretary shall prepare a report that 
        includes recommendations for the future role of the National 
        Park Service, if any, with respect to the Heritage Area.
            (2) Required analysis.--If the report prepared under 
        paragraph (1) recommends that Federal funding for the Heritage 
        Area be reauthorized, the report shall include an analysis of--
                    (A) ways in which Federal funding for the Heritage 
                Area may be reduced or eliminated; and
                    (B) the appropriate time period necessary to 
                achieve the recommended reduction or elimination.
            (3) Submission to congress.--On completion of the report, 
        the Secretary shall submit the report to--
                    (A) the Committee on Energy and Natural Resources 
                of the Senate; and
                    (B) the Committee on Natural Resources of the House 
                of Representatives.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated for the 
Heritage Area $10,000,000, of which not more than $1,000,000 is 
authorized to be appropriated for any fiscal year.
    (b) Availability.--Amounts made available under subsection (a) 
shall remain available until expended.
    (c) Cost-Sharing Requirement.--
            (1) In general.--The Federal share of the total cost of any 
        activity carried out using funds made available under this Act 
        shall be not more than 50 percent.
            (2) Form.--The non-Federal share of the total cost of any 
        activity carried out using funds made available under this Act 
        may be in the form of in-kind contributions of goods or 
        services fairly valued.

SEC. 11. TERMINATION OF AUTHORITY.

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