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H.R. 1286 — what changed

Southern Campaign of the Revolution National Heritage Corridor Act of 2021

From Introduced in House to Reported in House. 8 sections amended and 2 removed between Introduced in House and Reported in House.

Sec. 2 Definitions

added In this Act:

(a)
removed Findings— Congress finds that—
(1)
removed in accordance with the Study, the Southern Campaign of the Revolution National Heritage Corridor, an 8-mile-wide corridor, provides operational efficiency in connecting the greatest concentration of the Carolinas’ Revolutionary War sites including battlefields, historic communities, farmsteads, and landscapes that reflect the cultural and natural environments of North Carolina and South Carolina in the latter half of the 18th century;
(2)
removed there is a national interest in protecting, conserving, restoring, promoting, and interpreting the benefits of the Corridor for the residents of, and visitors to, the Corridor;
(3)
removed a primary responsibility for conserving, preserving, protecting, and promoting the benefits resides with the Managing Entity having jurisdiction over the Corridor; and
(4)
removed in view of the longstanding Federal practice of assisting States in creating, protecting, conserving, preserving, and interpreting areas of significant natural and cultural importance, and in view of the national significance of the Corridor, the Federal Government has an interest in assisting the States and the Managing Entity in fulfilling the responsibilities described in paragraph (3).
(1)
changed Purposes—National heritage corridor— The purposes term “National Heritage Corridor” means the Southern Campaign of this Act are—the Revolution National Heritage Corridor established by section 3(a).
(2)
added Local coordinating entity— The term “Local Coordinating Entity” means the local coordinating entity for the National Heritage Corridor.
(3)
added Management plan— The term “management plan” means the management plan for the National Heritage Corridor required under section 5(a).
(4)
added Map— The term “map” means the map entitled “Southern Campaign of the Revolution Proposed National Heritage Corridor”, numbered 257/177,271, and dated September 2021.
(5)
added Secretary— The term “Secretary” means the Secretary of the Interior.
(6)
added States— The term “States” means the States of South Carolina and North Carolina.
(1)
removed to protect, preserve, conserve, restore, promote, interpret, and make available for the benefit of the public the historic, cultural, and natural resources of the Corridor;
(2)
removed to encourage and support, through financial and technical assistance, the Managing Entity in the development of a Management Action Plan for the Corridor to ensure coordinated public and private action in the Corridor in a manner consistent with subsection (a);
(3)
removed to provide, during the development of an integrated Corridor Management Action Plan, Federal financial and technical assistance for the protection, preservation, and conservation of land and water areas in the Corridor that are in danger of being adversely affected or destroyed;
(4)
removed to encourage and assist Managing Entity to identify the full range of public and private technical and financial assistance programs and services available to implement the Corridor Management Action Plan; and
(5)
removed to encourage adequate coordination of all government programs affecting the historic, cultural, and natural resources of the Corridor.

Sec. 3 Establishment of southern campaign of the revolution national heritage corridor

(a)
added In general— There is established the Southern Campaign of the Revolution National Heritage Corridor in the States of North Carolina and South Carolina, as generally depicted on the map.

removed In this Act:

(b)
changed Corridor—Local coordinating entity— The term Corridor means the Southern Campaign University of South Carolina shall serve as the Revolution local coordinating entity for the National Heritage Corridor established by section 4(a).Corridor.
(2)
removed Corridor management action plan— The term Corridor Management Action Plan means the management action plan developed under section 6.
(3)
removed Management entity— The term Management Entity means the University of South Carolina as established under section 4.
(4)
removed Secretary— The term Secretary means the Secretary of the Interior.
(5)
removed States— The term States mean the States of North Carolina and South Carolina.
(6)
removed Study— The term Study means the Department of the Interior, National Park Service (NPS)’s July 2015 Southern Campaign of the Revolution National Heritage Area Suitability/Feasibility Study.
(7)
removed Map— The term map means the map provided in the Study: Appendix C: Corridor Maps, page 93, “Map 1: Proposed National Heritage Area Corridor”.

Sec. 4 Administration

(a)
changed Establishment—Authorities— There is established in the States the Southern Campaign For purposes of carrying out the Revolution management plan for the National Heritage Corridor.Corridor, the Secretary acting through the local coordinating entity may use amounts made available under this Act—
(1)
added to make grants to the States or a political subdivision of the States, Indian Tribes, nonprofit organizations, and other persons;
(2)
added to enter into cooperative agreements with, or provide technical assistance to, the States or a political subdivision of the States, Indian Tribes, nonprofit organizations, and other interested parties;
(3)
added to hire and compensate staff, which shall include individuals with expertise in natural, cultural, and historical resources protection and heritage programming;
(4)
added to obtain money or services from any source, including any money or services that are provided under any other Federal law or program, provided that any money specifically authorized for National Heritage areas shall be subject to a 50 percent cost-share requirement;
(5)
added to contract for goods or services; and
(6)
added to undertake or be a catalyst for any other activity that furthers the purposes of the National Heritage Corridor and is consistent with the approved management plan.
(b)
changed Boundaries—Duties— The Corridor shall consist of the area depicted on the map. The Corridor shall be specified in detail in local coordinating entity for the National Heritage Corridor Management Action Plan.shall—
(1)
added in accordance with section 5, prepare and submit a management plan for the National Heritage Corridor to the Secretary;
(2)
added assist Federal agencies, the States or a political subdivision of the States, Indian Tribes, regional planning organizations, nonprofit organizations, and other interested parties in carrying out the approved management plan by—
(A)
added carrying out programs and projects that recognize, protect, and enhance important resource values in the National Heritage Corridor;
(B)
added establishing and maintaining interpretive exhibits and programs in the National Heritage Corridor;
(C)
added developing recreational, interpretive, and educational opportunities in the National Heritage Corridor;
(D)
added increasing public awareness of, and appreciation for, natural, historical, scenic, and cultural resources of the National Heritage Corridor;
(E)
added protecting and restoring historic sites and buildings in the National Heritage Corridor that are consistent with the themes of the National Heritage Corridor;
(F)
added ensuring that clear, consistent, and appropriate signs identifying points of public access and sites of interest are posted throughout the National Heritage Corridor; and
(G)
added promoting a wide range of partnerships among the Federal Government, State, Tribal, and local governments, organizations, and individuals to further the purposes of the National Heritage Corridor;
(3)
added consider the interests of diverse units of government, businesses, organizations, and individuals in the National Heritage Corridor in the preparation and implementation of the management plan;
(4)
added conduct meetings open to the public not less frequently than semiannually regarding the development and implementation of the management plan; and
(5)
added for any year that Federal funds have been received under this Act—
(A)
added submit to the Secretary an annual report that describes the activities, expenses, and income of the local coordinating entity (including grants to any other entities during the year that the report is made);
(B)
added make available to the Secretary for audit all records relating to the expenditure of the funds and any matching funds; and
(C)
added encourage by appropriate means economic viability that is consistent with the National Heritage Corridor.
(c)
changed Map—Prohibition on the acquisition of real property— A map of the Corridor The local coordinating entity shall be on file and available for public inspection not use Federal funds to acquire real property or any interest in the appropriate offices of—real property.
(1)
removed the National Park Service; and
(2)
removed the Management Entity.
(d)
removed Addition— Additional areas of the States outside the Corridor boundaries may be added to the Corridor by the Secretary at the request of the Management Entity.
(e)
removed Management entity— The Management Entity for the Corridor shall be The University of South Carolina, a public research university.

Sec. 5 Management plan

(a)
changed Authorities—In general— To carry out Not later than 3 years after the management plan, date of enactment of this Act, the Secretary, acting through local coordinating entity shall submit to the Secretary for approval a proposed management entity, may use amounts made available under this section to—plan for the National Heritage Corridor.
(1)
removed make grants to the States or a political subdivision of the States, nonprofit organizations, and other persons;
(2)
removed enter into cooperative agreements with, or provide technical assistance to, the States or a political subdivision of the States, nonprofit organizations, and other interested parties;
(3)
removed hire and compensate staff, which shall include individuals with expertise in natural, cultural, and historical resources protection, and heritage programming;
(4)
removed obtain money or services from any source including any that are provided under any other Federal law or program;
(5)
removed contract for goods or services; and
(6)
removed undertake to be a catalyst for any other activity that furthers the Corridor and is consistent with the approved Corridor Management Action Plan.
(b)
changed Duties—Requirements— The management entity plan shall—
(1)
changed in accordance with section 6, prepare incorporate an integrated and submit a Corridor Management Action Plan cooperative approach for the Corridor to protection, enhancement, and interpretation of the Secretary;natural, cultural, historic, scenic, and recreational resources of the National Heritage Corridor;
(2)
changed assist units of local government, regional planning organizations, take into consideration Federal, State, local, and nonprofit organizations in carrying out the approved management plan by—Tribal plans and treaty rights;
(A)
removed carrying out programs and projects that recognize, protect, and enhance important resource values in the Corridor;
(B)
removed establishing and maintaining interpretive exhibits and programs in the Corridor;
(C)
removed developing recreational and educational opportunities in the Corridor;
(D)
removed increasing public awareness of, and appreciation for, natural, historical, scenic, and cultural resources of the Corridor;
(E)
removed protecting and restoring historic sites and buildings in the Corridor that are consistent with Corridor themes;
(F)
removed ensuring that clear, consistent, and appropriate signs identifying points of public access, and sites of interest are posted throughout the Corridor; and
(G)
removed promoting a wide range of partnerships among governments, organizations, and individuals to further the Corridor;
(3)
changed consider the interests of diverse units of government, businesses, organizations, and individuals in the Corridor in the preparation and implementation of the Corridor Management Action Plan;include—
(A)
added an inventory of—
(i)
added the resources located in the National Heritage Corridor; and
(ii)
added any other property in the National Heritage Corridor that—
(I)
added is related to the themes of the National Heritage Corridor; and
(II)
added should be preserved, restored, managed, or maintained because of the significations of the property;
(B)
added comprehensive policies, strategies, and recommendations for conservation, funding, management, and development of the National Heritage Corridor;
(C)
added a description of the actions that the Federal Government, State, Tribal, and local governments, private organizations, and individuals have agreed to take to protect the natural, historical, cultural, scenic, and recreational resources of the National Heritage Corridor;
(D)
added a program of implementation for the management plan by the local coordinating entity that includes a description of—
(i)
added actions to facilitate ongoing collaboration among partners to promote plans for resource protection, restoration, and construction; and
(ii)
added specific commitments for implementation that have been made by the local coordinating entity or any unit of government, organization, or individual for the first 5 years of operation;
(E)
added the identification of sources of funding for carrying out the management plan;
(F)
added analysis and recommendations for means by which Federal, State, local, and Tribal programs, including the role of the National Park Service in the Corridor, may best be coordinated to carry out this Act; and
(G)
added an interpretative plan for the National Heritage Corridor; and
(4)
changed conduct meetings open to recommend policies and strategies for resource management that consider and detail the public at least semiannually regarding application of appropriate land and water management techniques, including the development of intergovernmental and implementation interagency cooperative agreements to protect the natural, historical, cultural, educational, scenic, and recreational resources of the Corridor Management Plan;National Heritage Corridor.
(5)
removed for any year that Federal funds have been received under this section—
(A)
removed submit an annual report to the Secretary that describes the activities, expenses, and income of the management entity (including grants to any other entities during the year that the report is made);
(B)
removed make available to the Secretary for audit all records relating to the expenditure of the funds and any matching funds; and
(C)
removed require, with respect to all agreements authorizing expenditure of Federal funds by other organizations, that the organizations receiving the funds make available to the Secretary for audit all records concerning the expenditure of the funds; and
(6)
removed encourage by appropriate means economic viability that is consistent with the Corridor.
(c)
changed Prohibition on the acquisition of real property—Deadline— The If a proposed management plan is not submitted to the Secretary by the date that is 3 years after the date of enactment of this Act, the local coordinating entity shall not use Federal funds made available be ineligible to receive additional funding under this section to acquire real property or any interest in real property.Act until the date that the Secretary receives and approves the management plan.
(d)
added Approval or disapproval of management plan—
(1)
added In general— Not later than 180 days after the date of receipt of the management plan under section 5, the Secretary, in consultation with States and Tribal governments, shall approve or disapprove the management plan.
(2)
added Criteria for approval— In determining whether to approve the management plan, the Secretary shall consider whether—
(A)
added the local coordinating entity is representative of the diverse interests of the National Heritage Corridor, including Federal, State, Tribal, and local governments, natural and historic resources protection organizations, educational institutions, businesses, recreational organizations;
(B)
added the local coordinating entity has afforded adequate opportunity, including public hearings, for public and governmental involvement in the preparation of the management plan; and
(C)
added the resource preservation and interpretation strategies contained in the management plan would adequately protect the natural, historical, and cultural resources of the National Heritage Corridor.
(3)
added Action following disapproval— If the Secretary disapproves the management plan, the Secretary shall—
(A)
added advise the local coordinating entity in writing of the reasons for the disapproval;
(B)
added make recommendations for revisions to the management plan; and
(C)
added not later than 180 days after the receipt of any proposed revision of the management plan from the local coordinating entity, approve or disapprove the proposed revision.
(4)
added Amendments—
(A)
added In general— The Secretary shall approve or disapprove each amendment to the management plan that the Secretary determines make a substantial change to the management plan.
(B)
added Use of funds— The local coordinating entity shall not use Federal funds to carry out any amendments to the management plan until the Secretary has approved the amendments.

Sec. 6 Relationship to other federal agencies

(a)
changed In general— Not later than 3 years after the date of enactment of Nothing in this Act, the Management Entity shall submit to Act affects the Secretary for approval authority of a proposed Corridor Management Action Plan for the Corridor.Federal agency to provide technical or financial assistance under any other law.
(b)
changed Requirements—Consultation and coordination— The head of any Federal agency planning to conduct activities that may have an impact on the National Heritage Corridor Management Action Plan shall—is encouraged to consult and coordinate the activities with the Secretary and the local coordinating entity to the maximum extent practicable.
(1)
removed determine the boundaries of the Corridor adherent to section 4(b);
(2)
removed incorporate an integrated and cooperative approach for the protection, enhancement, and interpretation of the natural, cultural, historic, scenic, and recreational resources of the Corridor;
(3)
removed take into consideration Federal, State, local, and Tribal plans and treaty rights;
(4)
removed include—
(A)
removed an inventory of—
(i)
removed the resources located in the Corridor; and
(ii)
removed any other property in the Corridor that—
(I)
removed is related to the themes of the Corridor; and
(II)
removed should be preserved, restored, managed, or maintained because of the significations of the property;
(B)
removed comprehensive policies, strategies, and recommendations for conservation, funding, management, and development of the Corridor;
(C)
removed a description of the actions that the Federal Government, State, Tribal, and local governments, private organizations, and individuals have agreed to take to protect the natural, historical, cultural, scenic, and recreational resources of the Corridor;
(D)
removed a program of implementation for the Corridor Management Action Plan by the management entity that includes a description of—
(i)
removed actions to facilitate ongoing collaboration among partners to promote plans for resource protection, restoration, and construction; and
(ii)
removed specific commitments for implementation that have been made by the management entity or any government, organization, or individual for the first 5 years of operation;
(E)
removed the identification of sources of funding for carrying out the management plan;
(F)
removed analysis and recommendations for means by which Federal, State, local, and Tribal programs, including the role of the National Park Service in the Corridor, may best be coordinated to carry out this subsection; and
(G)
removed an interpretative plan for the Corridor; and
(5)
removed recommend policies and strategies for resource management that consider and detail the application of appropriate land and water management techniques, including the development of intergovernmental and interagency cooperative agreements to protect the natural, historical, cultural, educational, scenic, and recreational resources of the Corridor.
(c)
changed Deadline—Other federal agencies— If a proposed management plan is not submitted to the Secretary by the date that is 3 years after the date of enactment of this Act, the management entity shall be ineligible to receive additional funding under Nothing in this section until the date that the Secretary receives and approves the management plan.section—
(1)
added modifies, alters, or amends any law or regulation authorizing a Federal agency to manage Federal land under the jurisdiction of the Federal agency;
(2)
added limits the discretion of a Federal land manager to implement an approved land use plan within the boundaries of the National Heritage Corridor; or
(3)
added modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal agency.
(d)
removed Approval or disapproval of management plan—
(1)
removed In general— Not later than 180 days after the date of receipt of the management plan the Secretary, in consultation with State and Tribal governments, shall approve or disapprove the management plan.
(2)
removed Criteria for approval— In determining whether to approve the management plan, the Secretary shall consider whether—
(A)
removed the management entity is representative of the diverse interests of the Corridor, including Federal, State, Tribal, and local governments, natural and historic resources protection organizations, educational institutions, businesses, recreational organizations;
(B)
removed the management entity has afforded adequate opportunity, including public hearings, for public and governmental involvement in the preparation of the management plan;
(C)
removed the resource preservation and interpretation strategies contained in the management plan would adequately protect the natural, historical, and cultural resources of the Corridor; and
(D)
removed the Secretary has received adequate assurances from appropriate State and local officials whose support is needed to ensure the effective implementation of the State and local aspects of the plan.
(3)
removed Action following disapproval— If the Secretary disapproves the management plan, the Secretary shall—
(A)
removed advise the management entity in writing of the reasons for the disapproval;
(B)
removed make recommendations for revisions to the management plan; and
(C)
removed not later than 180 days after the receipt of any proposed revision of the management plan from the management entity, approve or disapprove the proposed revision.
(4)
removed Amendments—
(A)
removed In general— The Secretary shall approve or disapprove each amendment to the management plan that the Secretary determines make a substantial change to the management plan.
(B)
removed Use of funds— The management entity shall not use Federal funds authorized by this subtitle to carry out any amendments to the management plan until the Secretary has approved the amendments.

Sec. 7 Private property and regulatory protections

added Nothing in this Act—

(a)
removed In general— Nothing in this section affects the authority of a Federal agency to provide technical or financial assistance under any other law.
(1)
changed Consultation and coordination— The head abridges the rights 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 property owner (whether public or private), including the management entity right to refrain from participating in any plan, project, program, or activity conducted within the maximum extent practicable.National Heritage Corridor;
(2)
changed Other Federal agencies— Nothing in this section—requires any property owner—
(A)
added to permit public access (including access by Federal, State, or local agencies) to the property of the property owner; or
(B)
changed modifies, alters, or amends any law or regulation authorizing a Federal agency to manage Federal land under the jurisdiction modify public access or use of property of the Federal agency;property owner under any other Federal, State, or local law;
(3)
added alters any duly adopted land use regulation, approved land use plan, or other regulatory authority of any Federal, State, Tribal, or local agency;
(4)
added conveys any land use or other regulatory authority to the local coordinating entity;
(5)
added authorizes or implies the reservation or appropriation of water or water rights;
(6)
added enlarges or diminishes the treaty rights of any Indian Tribe within the National Heritage Corridor;
(7)
added diminishes—
(A)
added the authority of the States to manage fish and wildlife, including the regulation of fishing and hunting, within the National Heritage Corridor; or
(B)
added the authority of Indian Tribes to regulate members of Indian Tribes with respect to fishing, hunting, and gathering in the exercise of treaty rights; or
(8)
added 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.
(2)
removed limits the discretion of a Federal land manager to implement an approved land use plan within the boundaries of the Heritage Area; or
(3)
removed modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal agency.

Sec. 8 Evaluation and report

(a)
added In general— For the National Heritage Corridor, not later than 3 years before the date specified under section 9, the Secretary shall—
(1)
added conduct an evaluation of the accomplishments of the National Heritage Corridor; and
(2)
added prepare a report in accordance with subsection (c).

removed Nothing in this Act—

(b)
changed Evaluation— 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 An evaluation conducted within the Heritage Area;under subsection (a)(1) shall—
(1)
added assess the progress of the local coordinating entity with respect to—
(A)
added accomplishing the purposes of the National Heritage Corridor; and
(B)
added achieving the goals and objectives of the approved management plan for the National Heritage Corridor;
(2)
added analyze the investments of the Federal Government, State, Tribal, and local governments, and private entities in the National Heritage Corridor to determine the impact of the investments; and
(3)
added review the management structure, partnership relationships, and funding of the National Heritage Corridor for purposes of identifying the critical components for sustainability of the National Heritage Corridor.
(c)
changed Report— requires any property owner to permit public access (including access by Federal, State, or local agencies) Based on the evaluation conducted under subsection (a)(1), the Secretary shall submit to the property Committee on Energy and Natural Resources of the property owner, or to modify public access or use Senate and the Committee on Natural Resources of property the House of Representatives a report that includes recommendations for the property owner under any other Federal, State, or local law;future role of the National Park Service, if any, with respect to the National Heritage Corridor.
(3)
removed 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 management entity;
(4)
removed authorizes or implies the reservation or appropriation of water or water rights;
(5)
removed diminishes the authority of the State to manage fish and wildlife, including the regulation of fishing and hunting within the Heritage Area; or
(6)
removed 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 Termination of authority

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

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

Sec. 10 Funding

removed

removed There is authorized to be appropriated to carry out this section $10,000,000, of which not more than $1,000,000 may be made available in any fiscal year.

Sec. 11 Termination of authority

removed

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