II 

113TH CONGRESS 

2D SESSION S. 2576 

To establish the Maritime Washington National Heritage Area in the State 

of Washington, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 9, 2014 

Ms. CANTWELL (for herself and Mrs. MURRAY) introduced the following bill; 

which was read twice and referred to the Committee on Energy and 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. 


jbell on DSK4SPTVN1PROD with BILLS
2 

•S 2576 IS

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)(4). 

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

7 Heritage Area described 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 the heritage of the State and 

24 dynamic places that are constantly adapting to new 

25 opportunities and challenges; 


jbell on DSK4SPTVN1PROD with BILLS
3 

•S 2576 IS

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 ports and coastal communities located in 

6 the western part of the State; 

7 (4) to recognize and interpret the impact of 

8 that nationally important maritime landscape on Na9 tive 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 that 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. 


jbell on DSK4SPTVN1PROD with BILLS
4 

•S 2576 IS

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. 

8 (b) BOUNDARIES.— 

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

10 consist of Federal, State, local, and tribal land 

11 that— 

12 (A) allows public access; and 

13 (B) is at least partly located within the 

area that is 1 14 ⁄4-mile landward of the shoreline, 

15 as generally depicted on the map. 

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

17 Area may be revised if the revision is— 

18 (A) proposed in the management plan; 

19 (B) approved by the Secretary in accord20 ance with section 5; and 

21 (C) placed on file in accordance with para22 graph (3). 

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

24 on file and available for public inspection in the ap25 propriate offices of the National Park Service and 

26 the local coordinating entity. 


jbell on DSK4SPTVN1PROD with BILLS
5 

•S 2576 IS

1 (4) LOCAL COORDINATING ENTITY.—The local 

2 coordinating entity for the Heritage Area shall be 

3 the Pacific Northwest Maritime Heritage Advisory 

4 Council, operating under the Washington Trust for 

5 Historic Preservation. 

6 SEC. 5. DUTIES AND AUTHORITIES OF LOCAL COORDI7 NATING ENTITY. 

8 (a) DUTIES.—To support the purposes of the Herit9 age Area, the local coordinating entity shall— 

10 (1) prepare and submit to the Secretary in ac11 cordance with section 6, a management plan for the 

12 Heritage Area; 

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

14 State, local, and tribal government, regional plan15 ning organizations, and private organizations, in im16 plementing the approved management plan by— 

17 (A) advocating for and carrying out pro18 grams and projects that recognize and protect 

19 important resource values within the Heritage 

20 Area; 

21 (B) promoting, developing, and maintain22 ing interpretive exhibits and programs within 

23 the Heritage Area; 


jbell on DSK4SPTVN1PROD with BILLS
6 

•S 2576 IS

1 (C) promoting or developing recreational 

2 and educational opportunities in the Heritage 

3 Area; 

4 (D) increasing public awareness of, and 

5 appreciation for, natural, historic, scenic, rec6 reational, and cultural resources of the Herit7 age Area; 

8 (E) advocating for the protection and pres9 ervation of historic sites, structures, objects, 

10 and buildings in the Heritage Area that are 

11 consistent with the themes of the Heritage 

12 Area; 

13 (F) ensuring that signs identifying points 

14 of public access and sites of interest are posted 

15 throughout the Heritage Area; and 

16 (G) promoting a wide range of partner17 ships among governments, businesses, organiza18 tions, and individuals to support the purposes 

19 of the Heritage Area; 

20 (3) take into consideration the interests of di21 verse units of government, businesses, organizations, 

22 and individuals in the Heritage Area in the prepara23 tion and implementation of the management plan; 


jbell on DSK4SPTVN1PROD with BILLS
7 

•S 2576 IS

1 (4) ensure an open and transparent process for 

2 the development and implementation of the manage3 ment plan by holding regular public meetings; 

4 (5) submit to the Secretary an annual report 

5 for each fiscal year during which the local coordi6 nating entity receives Federal funds under this Act 

7 that describes, with respect to the reporting pe8 riod— 

9 (A) the goals and accomplishments of the 

10 local coordinating entity; 

11 (B) the expenses and income of the local 

12 coordinating entity; 

13 (C) the amounts and sources of matching 

14 funds; 

15 (D) the amounts leveraged with Federal 

16 funds and sources of the leveraged funds; 

17 (E) grants made to any other entities; and 

18 (F) critical components for sustainability 

19 of the Heritage Area; 

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

21 for which the local coordinating entity receives Fed22 eral funds under this Act all information pertaining 

23 to the expenditure of those funds and any matching 

24 funds; 


jbell on DSK4SPTVN1PROD with BILLS
8 

•S 2576 IS

1 (7) in all agreements authorizing expenditures 

2 of Federal funds by other organizations, ensure that 

3 the receiving organizations make available for audit 

4 all records and other information pertaining to the 

5 expenditure of the funds; and 

6 (8) encourage and strengthen partnerships and 

7 collaboration among maritime interests by appro8 priate means for economic development and heritage 

9 tourism, consistent with the purposes of the Herit10 age Area. 

11 (b) AUTHORITIES.—Subject to the prior approval of 

12 the Secretary, for the purposes of preparing and imple13 menting the management plan, the local coordinating enti14 ty may use Federal funds made available under this Act— 

15 (1) to make grants to the State, political sub16 divisions of the State, nonprofit organizations, and 

17 other individuals and entities; 

18 (2) to enter into cooperative agreements with, 

19 or provide technical assistance to, the State, political 

20 subdivisions of the State, nonprofit organizations, 

21 Federal agencies, and other interested parties; 

22 (3) to hire and compensate staff; 

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

24 including funds and services provided under any 

25 other Federal law or program; 


jbell on DSK4SPTVN1PROD with BILLS
9 

•S 2576 IS

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

2 (6) to support activities of partners and any 

3 other activities that— 

4 (A) support the purposes of the Heritage 

5 Area; and 

6 (B) are consistent with the approved man7 agement plan. 

8 (c) PROHIBITION ON ACQUISITION OF REAL PROP9 ERTY.—The local coordinating entity may not use Federal 

10 funds received under this Act to acquire any interest in 

11 real property. 

12 SEC. 6. MANAGEMENT PLAN. 

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

14 date on which funds are made available to develop the 

15 management plan, the local coordinating entity shall sub16 mit to the Secretary for approval a proposed management 

17 plan for the Heritage Area. 

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

19 Heritage Area shall— 

20 (1) describe comprehensive policies, goals, strat21 egies, and recommendations for the conservation, 

22 funding, management, interpretation, and develop23 ment of the Heritage Area; 


jbell on DSK4SPTVN1PROD with BILLS
10 

•S 2576 IS

1 (2) take into consideration existing State and 

2 local plans in the development and implementation 

3 of the management plan; 

4 (3) include a description of actions and commit5 ments that governments, private organizations, and 

6 individuals plan to take to protect, enhance, and in7 terpret the natural, historic, scenic, and cultural re8 sources of the Heritage Area; 

9 (4) specify existing and potential sources of 

10 funding or economic development strategies to con11 serve, manage, and develop the Heritage Area; 

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

13 cultural, educational, scenic, and recreational re14 sources of the Heritage Area relating to the stories 

15 and themes of the Heritage Area that should be pro16 tected, enhanced, managed, or developed; 

17 (6) recommend policies and strategies for re18 source management, including the development of 

19 intergovernmental and interagency agreements, to 

20 protect the natural, historic, cultural, educational, 

21 scenic, and recreational resources of the Heritage 

22 Area; 

23 (7) describe a program for implementation of 

24 the management plan, including— 

25 (A) performance goals; 


jbell on DSK4SPTVN1PROD with BILLS
11 

•S 2576 IS

1 (B) an approximate timeline for implemen2 tation; 

3 (C) specific commitments for implementa4 tion; and 

5 (D) how the plan will be evaluated and up6 dated; 

7 (8) include an analysis of, and recommenda8 tions for, ways in which Federal, State, tribal, and 

9 local programs may best be coordinated (including 

10 the role of the National Park Service and other Fed11 eral agencies associated with the Heritage Area) to 

12 support the purposes of this Act; 

13 (9) provide recommendations for educational 

14 and interpretive programs to inform the public re15 garding the resources of the Heritage Area; and 

16 (10) include a business plan that— 

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

18 and functions of— 

19 (i) the local coordinating entity; and 

20 (ii) each major activity contained in 

21 the management plan; 

22 (B) provides adequate assurances that the 

23 local coordinating entity has the partnerships 

24 and financial and other resources necessary to 


jbell on DSK4SPTVN1PROD with BILLS
12 

•S 2576 IS

1 implement the management plan for the Herit2 age Area; and 

3 (C) describes goals and recommendations 

4 for sustainability of the coordinating entity 

5 through the effective period of this Act. 

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

7 plan is not submitted to the Secretary in accordance with 

8 this section, the local coordinating entity shall not qualify 

9 for additional financial assistance under this Act until the 

10 date on which the management plan is submitted to, and 

11 approved by, the Secretary. 

12 (d) APPROVAL OF MANAGEMENT PLAN.— 

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

14 the date on which the Secretary receives the man15 agement plan, the Secretary shall approve or dis16 approve the management plan. 

17 (2) CRITERIA FOR APPROVAL.—In determining 

18 the approval of the management plan, the Secretary 

19 shall consider whether— 

20 (A) the local coordinating entity represents 

21 the diverse interests of the Heritage Area, in22 cluding governments, resource-related organiza23 tions, educational institutions, ports, businesses, 

24 community residents, and recreational organiza25 tions; 


jbell on DSK4SPTVN1PROD with BILLS
13 

•S 2576 IS

1 (B) the local coordinating entity has af2 forded adequate opportunity for public and gov3 ernmental involvement (including workshops 

4 and public meetings) in the preparation of the 

5 management plan; 

6 (C) the conservation and interpretation 

7 strategies described in the management plan, if 

8 implemented, are compatible and consistent 

9 with this Act; 

10 (D) the management plan would not ad11 versely affect any activities authorized on Fed12 eral, State, local, or tribal land under applicable 

13 laws or land use plans; 

14 (E) the Secretary has received adequate 

15 assurances from the appropriate State, tribal, 

16 and local officials the support of which is need17 ed to ensure the effective implementation of the 

18 State, tribal, and local aspects of the manage19 ment plan; 

20 (F) the local coordinating entity has identi21 fied existing and potential sources of funding 

22 for implementing the management plan in part23 nership with others; and 

24 (G) provisions for long-term sustainability 

25 of the Heritage Area are in place. 


jbell on DSK4SPTVN1PROD with BILLS
14 

•S 2576 IS

1 (3) ACTION FOLLOWING DISAPPROVAL.— 

2 (A) IN GENERAL.—If the Secretary dis3 approves the management plan, the Secretary— 

4 (i) shall advise the local coordinating 

5 entity in writing of the reasons for the dis6 approval; and 

7 (ii) may make recommendations to the 

8 local coordinating entity for revisions to 

9 the management plan. 

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

11 after receiving a revised management plan, the 

12 Secretary shall approve or disapprove the re13 vised management plan. 

14 (4) AMENDMENTS.— 

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

16 management plan that substantially alters the 

17 management plan shall be— 

18 (i) reviewed by the Secretary; and 

19 (ii) approved or disapproved in the 

20 same manner as the original management 

21 plan. 

22 (B) IMPLEMENTATION.—The local coordi23 nating entity shall not use Federal funds au24 thorized to be appropriated by this Act to im25 plement any amendment to the management 


jbell on DSK4SPTVN1PROD with BILLS
15 

•S 2576 IS

1 plan until the Secretary approves the amend2 ment. 

3 SEC. 7. DUTIES AND AUTHORITIES OF SECRETARY. 

4 (a) TECHNICAL AND FINANCIAL ASSISTANCE.— 

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

6 coordinating entity, the Secretary may provide tech7 nical and financial assistance, on a reimbursable or 

8 nonreimbursable basis (as determined by the Sec9 retary), to the local coordinating entity to develop 

10 and implement the management plan. 

11 (2) COOPERATIVE AGREEMENTS.—The Sec12 retary may enter into cooperative agreements with 

13 the local coordinating entity and other public or pri14 vate organizations to provide technical or financial 

15 assistance under paragraph (1). 

16 (3) PRIORITY.—In providing assistance under 

17 this subsection, the Secretary shall give priority to 

18 actions that assist in— 

19 (A) conserving the significant historic and 

20 cultural maritime-related resources of the Her21 itage Area; and 

22 (B) providing educational, interpretive, and 

23 recreational opportunities for the public, con24 sistent with the purposes of the Heritage Area. 

25 (b) EVALUATION; REPORT.— 


jbell on DSK4SPTVN1PROD with BILLS
16 

•S 2576 IS

1 (1) IN GENERAL.—Not later than 3 years be2 fore the date on which authority for Federal funding 

3 terminates for the Heritage Area under section 11, 

4 the Secretary shall— 

5 (A) conduct an evaluation of the accom6 plishments of the Heritage Area; and 

7 (B) prepare a report that includes rec8 ommendations for the future role of the Na9 tional Park Service, if any, with respect to the 

10 Heritage Area, in accordance with paragraph 

11 (3). 

12 (2) EVALUATION COMPONENTS.—An evaluation 

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

14 (A) assess the progress of the local coordi15 nating entity with respect to— 

16 (i) accomplishing the purposes of this 

17 Act for the Heritage Area; and 

18 (ii) achieving the goals and objectives 

19 of the approved management plan for the 

20 Heritage Area; 

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

22 private investments in the Heritage Area to de23 termine the leverage and impact of the invest24 ments; and 


jbell on DSK4SPTVN1PROD with BILLS
17 

•S 2576 IS

1 (C) review the management structure, 

2 partnership relationships, and funding of the 

3 Heritage Area for purposes of identifying the 

4 critical components for sustainability of the 

5 Heritage Area. 

6 (3) RECOMMENDATIONS.— 

7 (A) IN GENERAL.—Based on the evalua8 tion conducted under paragraph (1)(A), the 

9 Secretary shall prepare a report that includes 

10 recommendations for the future role of the Na11 tional Park Service, if any, with respect to the 

12 Heritage Area. 

13 (B) REQUIRED ANALYSIS.—If the report 

14 prepared under this paragraph recommends 

15 that Federal funding for the Heritage Area be 

16 reauthorized, the report shall include an anal17 ysis of— 

18 (i) ways in which Federal funding for 

19 the Heritage Area may be reduced or 

20 eliminated; and 

21 (ii) the appropriate time period nec22 essary to achieve the recommended reduc23 tion or elimination. 


jbell on DSK4SPTVN1PROD with BILLS
18 

•S 2576 IS

1 (C) SUBMISSION TO CONGRESS.—On com2 pletion of a report under this paragraph, the 

3 Secretary shall submit the report to— 

4 (i) the Committee on Energy and 

5 Natural Resources of the Senate; and 

6 (ii) the Committee on Natural Re7 sources of the House of Representatives. 

8 SEC. 8. RELATIONSHIP TO OTHER FEDERAL AGENCIES. 

9 (a) IN GENERAL.—Nothing in this Act affects the au10 thority of any Federal agency to provide technical or fi11 nancial assistance under any other law (including regula12 tions). 

13 (b) CONSULTATION AND COORDINATION.—To the 

14 maximum extent practicable, the head of any Federal 

15 agency planning to conduct activities that may have an 

16 impact on the Heritage Area is encouraged to consult and 

17 coordinate the activities with the Secretary and the local 

18 coordinating entity. 

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

20 Act— 

21 (1) modifies, alters, or amends any laws (in22 cluding regulations) authorizing a Federal agency to 

23 manage land under the jurisdiction of the Federal 

24 agency; 


jbell on DSK4SPTVN1PROD with BILLS
19 

•S 2576 IS

1 (2) limits the discretion of a Federal land man2 ager to implement an approved land use plan within 

3 the boundaries of the Heritage Area; or 

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

5 use of Federal land under the jurisdiction of a Fed6 eral agency. 

7 SEC. 9. PROPERTY OWNERS AND REGULATORY PROTEC8 TIONS. 

9 Nothing in this Act— 

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

11 or private property, including the right to refrain 

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

13 activity conducted within the Heritage Area; 

14 (2) requires any property owner— 

15 (A) to permit public access (including Fed16 eral, State, tribal, or local government access) 

17 to the property; or 

18 (B) to modify any provision of Federal, 

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

20 access or use of private land; 

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

22 approved land-use plan, or any other regulatory au23 thority of any Federal, State, or local agency, or 

24 tribal government; 


jbell on DSK4SPTVN1PROD with BILLS
20 

•S 2576 IS

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) diminishes the authority of the State to 

6 manage fish and wildlife, including the regulation of 

7 fishing and hunting within the Heritage Area; or 

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

9 under any other law, of any private property owner 

10 with respect to any individual injured on the private 

11 property. 

12 SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 

13 (a) IN GENERAL.—There is authorized to be appro14 priated to carry out this Act $10,000,000, of which not 

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

16 year. 

17 (b) AVAILABILITY.—Funds made available under 

18 subsection (a) shall remain available until expended. 

19 (c) COST-SHARING REQUIREMENT.— 

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

21 total cost of any activity under this section shall be 

22 not more than 50 percent. 

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

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


jbell on DSK4SPTVN1PROD with BILLS
21 

•S 2576 IS

1 (B) may be in the form of in-kind con2 tributions of goods or services fairly valued. 

3 SEC. 11. TERMINATION OF FINANCIAL ASSISTANCE. 

4 The authority of the Secretary to provide financial 

5 assistance under this Act terminates on the date that is 

6 15 years after the date of enactment of this Act. 

Æ 


jbell on DSK4SPTVN1PROD with BILLS