II 

117TH CONGRESS 

2D SESSION S. 4222 

To establish the St. Croix National Heritage Area, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 16, 2022 

Mr. KING introduced the following bill; which was read twice and referred to 

the Committee on Energy and Natural Resources 

A BILL 

To establish the St. Croix 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 ‘‘St. Croix National 

5 Heritage Area Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

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

9 Area’’ means the St. Croix National Heritage Area 

10 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(d)(1). 

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

7 Heritage Area required under section 5(a). 

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

9 the Secretary of the Interior. 

10 (5) ST. CROIX.—The term ‘‘St. Croix’’ means 

11 St. Croix, United States Virgin Islands. 

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

13 United States Virgin Islands. 

14 SEC. 3. ST. CROIX NATIONAL HERITAGE AREA. 

15 (a) ESTABLISHMENT.—There is established in the 

16 State the St. Croix National Heritage Area. 

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

18 of the entire island of St. Croix. 

19 (c) MAP.—A map of the Heritage Area shall be— 

20 (1) included in the management plan; and 

21 (2) on file and available for public inspection in 

22 the appropriate offices of the National Park Service. 

23 (d) LOCAL COORDINATING ENTITY.— 


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1 (1) IN GENERAL.—The local coordinating entity 

2 for the Heritage Area shall be the Virgin Islands 

3 State Historic Preservation Office. 

4 (2) CONSULTATION REQUIREMENT.—The local 

5 coordinating entity shall consult with a broad cross 

6 section of businesses, individuals, agencies, and or7 ganizations within the boundaries of the Heritage 

8 Area described in subsection (b) that were involved 

9 in the planning and development of the Heritage 

10 Area before the date of enactment of this Act. 

11 SEC. 4. ADMINISTRATION. 

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

13 management plan, the Secretary, acting through the local 

14 coordinating entity, may use amounts made available 

15 under this Act— 

16 (1) to make grants to the State or a political 

17 subdivision of the State, Indian Tribes, nonprofit or18 ganizations, and other persons; 

19 (2) to enter into cooperative agreements with, 

20 or provide technical assistance to, the State or a po21 litical subdivision of the State, Indian Tribes, non22 profit organizations, and other interested parties; 

23 (3) to hire and compensate staff, which shall in24 clude individuals with expertise in natural, cultural, 


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1 and historical resources protection and heritage pro2 gramming; 

3 (4) to obtain funds or services from any source, 

4 including any funds or services that are provided 

5 under any other Federal law or program; 

6 (5) to contract for goods or services; and 

7 (6) to undertake to be a catalyst for any other 

8 activity that— 

9 (A) furthers the Heritage Area; and 

10 (B) is consistent with the approved man11 agement plan. 

12 (b) DUTIES.—The local coordinating entity shall— 

13 (1) assist Federal agencies, the State or a polit14 ical subdivision of the State, Indian Tribes, regional 

15 planning organizations, nonprofit organizations, and 

16 other interested parties in carrying out the manage17 ment plan by— 

18 (A) carrying out programs and projects 

19 that recognize, protect, and enhance important 

20 resource values in the Heritage Area; 

21 (B) establishing and maintaining interpre22 tive exhibits and programs in the Heritage 

23 Area; 

24 (C) developing recreational and educational 

25 opportunities in the Heritage Area; 


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1 (D) increasing public awareness of, and 

2 appreciation for, natural, historical, scenic, and 

3 cultural resources of the Heritage Area; 

4 (E) protecting and restoring historic sites 

5 and buildings in the Heritage Area that are 

6 consistent with the themes of the Heritage 

7 Area; 

8 (F) ensuring that clear, consistent, and ap9 propriate signs identifying points of public ac10 cess and sites of interest are posted throughout 

11 the Heritage Area; and 

12 (G) promoting a wide range of partner13 ships among governments, organizations, and 

14 individuals to further the purposes of the Herit15 age Area; 

16 (2) consider the interests of diverse units of 

17 government, businesses, organizations, and individ18 uals in the Heritage Area in the preparation and im19 plementation of the management plan; 

20 (3) conduct meetings open to the public at least 

21 semiannually regarding the development and imple22 mentation of the management plan; 

23 (4) for any year for which Federal funds have 

24 been received under this Act— 


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1 (A) submit to the Secretary an annual re2 port that describes, for the period covered by 

3 the report— 

4 (i) the activities of the local coordi5 nating entity; 

6 (ii) the expenses and income of the 

7 local coordinating entity; and 

8 (iii) any entities to which the local co9 ordinating entity made grants; 

10 (B) make available to the Secretary for 

11 audit all records relating to the expenditure of 

12 the Federal funds and any matching funds; and 

13 (C) require, with respect to all agreements 

14 authorizing the expenditure of Federal funds by 

15 other organizations, that the receiving organiza16 tions make available to the Secretary for audit 

17 all records relating to the expenditure of the 

18 Federal funds; and 

19 (5) encourage by appropriate means economic 

20 viability that is consistent with the purposes of the 

21 Heritage Area. 

22 (c) PROHIBITION ON THE ACQUISITION OF REAL

23 PROPERTY.—The local coordinating entity may not use 

24 Federal funds made available under this Act to acquire 

25 real property or any interest in real property. 


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1 SEC. 5. MANAGEMENT PLAN. 

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

3 date of enactment of this Act, the local coordinating entity 

4 shall submit to the Secretary for approval a proposed 

5 management plan for the Heritage Area. 

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

7 (1) incorporate an integrated and cooperative 

8 approach for the protection, enhancement, and inter9 pretation of the natural, cultural, historic, scenic, 

10 and recreational resources of the Heritage Area; 

11 (2) take into consideration Federal, State, and 

12 Tribal plans and treaty rights; 

13 (3) include— 

14 (A) an inventory of— 

15 (i) the resources located in the Herit16 age Area; and 

17 (ii) any other property in the Heritage 

18 Area that— 

19 (I) is related to the themes of the 

20 Heritage Area; and 

21 (II) should be preserved, re22 stored, managed, or maintained be23 cause of the significance of the prop24 erty; 

25 (B) comprehensive policies, strategies, and 

26 recommendations for the conservation, funding, 


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1 management, and development of the Heritage 

2 Area; 

3 (C) a description of actions that govern4 ments, private organizations, and individuals 

5 have agreed to take to protect the natural, his6 torical, cultural, scenic, and recreational re7 sources of the Heritage Area; 

8 (D) a program of implementation for the 

9 management plan by the local coordinating en10 tity that includes a description of— 

11 (i) actions to facilitate ongoing col12 laboration among partners to promote 

13 plans for resource protection, restoration, 

14 and construction; and 

15 (ii) specific commitments for imple16 mentation that have been made by the 

17 local coordinating entity or any govern18 ment, organization, or individual for the 

19 first 5 years of operation; 

20 (E) the identification of sources of funding 

21 for carrying out the management plan; 

22 (F) analysis and recommendations for 

23 means by which Federal, State, and Tribal pro24 grams, including the role of the National Park 


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1 Service in the Heritage Area, may best be co2 ordinated to carry out this Act; and 

3 (G) an interpretive plan for the Heritage 

4 Area; and 

5 (4) recommend policies and strategies for re6 source management that consider and describe the 

7 application of appropriate land and water manage8 ment techniques, including the development of inter9 governmental and interagency cooperative agree10 ments to protect the natural, historical, cultural, 

11 educational, scenic, and recreational resources of the 

12 Heritage Area. 

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

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

15 after the date of enactment of this Act, the local coordi16 nating entity may not receive additional funding under 

17 this Act until the date on which the Secretary approves 

18 the management plan. 

19 (d) APPROVAL OR DISAPPROVAL OF MANAGEMENT

20 PLAN.— 

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

22 after the date of receipt of the management plan 

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

24 with the State, shall approve or disapprove the man25 agement plan. 


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1 (2) CONSIDERATIONS.—In determining whether 

2 to approve the management plan, the Secretary shall 

3 consider whether— 

4 (A) the local coordinating entity is rep5 resentative of the diverse interests of the Herit6 age Area; 

7 (B) the local coordinating entity has pro8 vided adequate opportunity (including public 

9 hearings) for public and governmental involve10 ment in the preparation of the management 

11 plan; and 

12 (C) the resource protection and interpreta13 tion strategies contained in the management 

14 plan, if implemented, would adequately protect 

15 the natural, historical, and cultural resources of 

16 the Heritage Area. 

17 (3) ACTION FOLLOWING DISAPPROVAL.—If the 

18 Secretary disapproves the management plan under 

19 paragraph (1), the Secretary shall— 

20 (A) advise the local coordinating entity in 

21 writing of the reasons for the disapproval; 

22 (B) make recommendations for revisions to 

23 the management plan; and 

24 (C) not later than 180 days after the date 

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1 agement plan from the local coordinating entity, 

2 approve or disapprove the proposed revision. 

3 (4) AMENDMENTS.— 

4 (A) IN GENERAL.—The Secretary shall re5 view and approve or disapprove substantial 

6 amendments to the management plan. 

7 (B) USE OF FUNDS.—The local coordi8 nating entity shall not use Federal funds appro9 priated under this Act to carry out any amend10 ments to the management plan until the Sec11 retary has approved the amendments. 

12 SEC. 6. RELATIONSHIP TO OTHER FEDERAL AGENCIES. 

13 (a) IN GENERAL.—Nothing in this Act affects the au14 thority of a Federal agency to provide technical or finan15 cial assistance under any other law. 

16 (b) CONSULTATION AND COORDINATION.—The head 

17 of any Federal agency planning to conduct activities that 

18 may have an impact on the Heritage Area is encouraged 

19 to consult and coordinate the activities with the Secretary 

20 and the local coordinating entity to the maximum extent 

21 practicable. 

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

23 Act— 

24 (1) modifies, alters, or amends any law or regu25 lation authorizing a Federal agency to manage FedVerDate Sep 11 2014 06:06 May 18, 2022 Jkt 000000 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S4222.IS S4222

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1 eral land under the jurisdiction of the Federal agen2 cy; 

3 (2) limits the discretion of a Federal land man4 ager to implement an approved land use plan within 

5 the boundaries of the Heritage Area; or 

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

7 use of Federal land under the jurisdiction of a Fed8 eral agency. 

9 SEC. 7. PRIVATE PROPERTY AND REGULATORY PROTEC10 TIONS. 

11 Nothing in this Act— 

12 (1) abridges the rights of any owner of private 

13 or public property, including the right to refrain 

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

15 activity conducted within the Heritage Area; 

16 (2) requires any property owner— 

17 (A) to permit public access (including ac18 cess by Federal or State agencies) to the prop19 erty of the property owner; or 

20 (B) to modify public access or use of prop21 erty of the property owner under any other 

22 Federal or State law; 

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

24 approved land use plan, or other regulatory author25 ity of any Federal or State 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 Heritage 

15 Area in the exercise 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 Not later than 3 years before the date on which au22 thority for Federal funding terminates for the Heritage 

23 Area under section 10, the Secretary shall— 


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1 (1) conduct an evaluation of the accomplish2 ments of the Heritage Area, under which the Sec3 retary shall— 

4 (A) assess the progress of the local coordi5 nating entity with respect to— 

6 (i) accomplishing the purposes of this 

7 Act for the Heritage Area; and 

8 (ii) achieving the goals and objectives 

9 of the approved management plan for the 

10 Heritage Area; 

11 (B) analyze the Federal, State, and private 

12 investments in the Heritage Area to determine 

13 the impact of the investments; and 

14 (C) review the management structure, 

15 partnership relationships, and funding of the 

16 Heritage Area for purposes of identifying the 

17 critical components for sustainability of the 

18 Heritage Area; and 

19 (2) based on the evaluation conducted under 

20 paragraph (1), submit to the Committee on Energy 

21 and Natural Resources of the Senate and the Com22 mittee on Natural Resources of the House of Rep23 resentatives a report that includes recommendations 

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

25 any, 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 to carry out this Act $10,000,000, of which not 

4 more than $1,000,000 may be made available for any fis5 cal 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 carried out using funds 

11 made available under this Act shall be not more 

12 than 50 percent. 

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

14 cost of any activity carried out using funds made 

15 available under this Act may be in the form of in16 kind contributions of goods or services fairly valued. 

17 SEC. 10. TERMINATION OF AUTHORITY. 

18 The authority of the Secretary to provide financial 

19 assistance under this Act terminates on the date that is 

20 15 years after the date of enactment of this Act. 

Æ 


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