US Codex
Bill
Notes

H.R. 2107 — what changed

Nation’s Oldest Port National Heritage Area Act

From Introduced in House to Reported in House. 7 sections amended and 1 added between Introduced in House and Reported in House.

Sec. 2 Definitions

changed Congress finds the following:In this Act:

(1)
changed National heritage area— The term “National Heritage Area” means the Nation’s Oldest Port region of northeast Florida holds a mosaic of cultures and maritime heritage that includes Native Americans, whose heritage reaches back some 9,000 years, and the descendants of European and American explorers and settlers, who shaped the region, its land, customs, and traditions from 1513 to the present day and have made indelible contributions to American and World history.National Heritage Area established by section 3(a).
(2)
changed Local coordinating entity— The Nation’s Oldest Port region expresses a combination of cultures, maritime heritage, Atlantic and World history, cultural diversity, traditions, arts, architecture, transportation corridors, and coastal and ocean resources that makes this geographic area a unique and distinctive coastal landscape in term “local coordinating entity” means the United States.local coordinating entity for the National Heritage Area.
(3)
changed Management plan— The area contains the Nation’s Oldest Port, and a series of interconnected waterways that include the St. Mary’s River, the St. Johns River, Tolomato and Matanzas Rivers, Pellicer Creek watershed, and the numerous diverse and spectacular historic, cultural, natural, scenic and recreational resources, including term “management plan” means the designated national treasures of Timucuan Ecological and Historical Preserve, Guana Tolomato Matanzas National Estuarine Research Reserve, management plan for the Castillo de San Marcos National Monument, and Fort Matanzas National Monument.Heritage Area required under section 5(a).
(4)
changed Map— There is broad support expressed as resolutions, letters, and in public meetings from local governments, State parks, and many local planning and community groups, chambers of commerce, business associations, museums, historical societies and associations, nature conservation groups, agricultural interests, private property owners, and other interested individuals to establish a The term “map” means the map entitled “Nation’s Oldest Port National Heritage Area to coordinate and to assist in the preservation, interpretation, promotion, Proposed Boundary Map”, numbered 524/173745 and enjoyment of these resources.dated October 2020.
(5)
changed Secretary— Establishment The term “Secretary” means the Secretary of a National Heritage Area in northeast Florida would assist local communities, residents, and property owners in preserving these unique and nationally distinctive cultural, historical, and natural resources.the Interior.
(6)
added State— The term “State” means the State of Florida.

Sec. 3 Establishment of the nation’s oldest port national heritage area

(a)
added In general— There is established the Nation’s Oldest Port National Heritage Area in the State of Florida, to consist of natural watersheds in Nassau, Duval, St. Johns, and Flagler counties in the State, as generally depicted on the map.

removed As used in this Act:

(b)
changed Heritage Area—Local coordinating entity— The term heritage area means the Nation’s Oldest Port Heritage Area Alliance, Inc., shall serve as the local coordinating entity for the National Heritage Area.
(2)
removed Secretary— The term Secretary means the Secretary of the Interior.
(3)
removed Coordinating entity— The term coordinating entity means the Nation’s Oldest Port Heritage Area Alliance, Inc.

Sec. 4 Administration

(a)
changed Establishment—Authorities— There is hereby established For purposes of carrying out the Nation’s Oldest Port management plan for the National Heritage Area in Area, the State of Florida.Secretary acting through the local coordinating entity may use amounts made available under this Act—
(1)
added to make grants to the State or a political subdivision of the State, Indian Tribes, nonprofit organizations, and other persons;
(2)
added to enter into cooperative agreements with, or provide technical assistance to, the State or a political subdivision of the State, 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 Area and is consistent with the approved management plan.
(b)
changed Boundaries—Duties— The heritage area shall include natural watersheds in Nassau, Duval, St. Johns, and Flagler counties, Florida, as depicted on local coordinating entity for the map, entitled “Nation’s Oldest Port National Heritage Area”, numbered __, and dated __.Area shall—
(1)
added in accordance with section 5, prepare and submit a management plan for the National Heritage Area to the Secretary;
(2)
added assist Federal agencies, the State or a political subdivision of the State, 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 Area;
(B)
added establishing and maintaining interpretive exhibits and programs in the National Heritage Area;
(C)
added developing recreational, interpretive, and educational opportunities in the National Heritage Area;
(D)
added increasing public awareness of, and appreciation for, natural, historical, scenic, and cultural resources of the National Heritage Area;
(E)
added protecting and restoring historic sites and buildings in the National Heritage Area that are consistent with the themes of the National Heritage Area;
(F)
added ensuring that clear, consistent, and appropriate signs identifying points of public access and sites of interest are posted throughout the National Heritage Area; 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 Area;
(3)
added consider the interests of diverse units of government, businesses, organizations, and individuals in the National Heritage Area 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 Area.
(c)
added Prohibition on the acquisition of real property— The local coordinating entity shall not use Federal funds to acquire real property or any interest in real property.
(c)
removed Coordinating entity—
(1)
removed In general— The Nation’s Oldest Port Heritage Area Alliance, Inc., a nonprofit organization which is exempt from taxation under section 501(c)(3) of the Internal Revenue Code of 1986, chartered in the State of Florida, shall serve as the coordinating entity for the heritage area.
(2)
removed Board of Directors— The board of directors of the coordinating entity shall be—
(A)
removed selected in accordance with the bylaws of the coordinating entity, which have been approved by the heritage area working group; and
(B)
removed responsible for planning, fundraising, staff oversight, and final selection of projects and programs supported by the heritage area.
(3)
removed Committees— The board of directors may establish committees to—
(A)
removed advise and assist the board of directors of the coordinating entity;
(B)
removed represent a broad range of local interests, such as municipalities, culture, arts, architecture, agriculture, archaeology, historic preservation, maritime heritage, nature conservation, education, parks, outdoor recreation, tourism, economic development, lodging, restaurants, transportation, private landowners, and water quality;
(C)
removed review and suggest projects and programs for funding and other assistance from the heritage area; and
(D)
removed identify potential partnerships between the heritage area and government agencies, nonprofits, the private sector, and other local stakeholders to help achieve long-term goals.
(d)
removed Authorities of local coordinating entity— The local coordinating entity may, for purposes of preparing and implementing the management plan—
(1)
removed prepare reports, studies, interpretive exhibits and programs, historic preservation projects, and other activities recommended in the management plan for the Heritage Area;
(2)
removed make grants to the State, political subdivisions of the State, nonprofit organizations, and other persons;
(3)
removed enter into cooperative agreements with the State, political subdivisions of the State, nonprofit organizations, and other organizations;
(4)
removed hire and compensate staff;
(5)
removed obtain funds or services from any source, including funds and services provided under any Federal program or law, in which case the Federal share of the cost of any activity assisted using Federal funds provided for National Heritage Areas shall not be more than 50 percent; and
(6)
removed contract for goods and services.

Sec. 5 Management plan

(a)
added In general— Not later than 3 years after the date of enactment of this Act, the local coordinating entity of the National Heritage Area shall submit to the Secretary for approval a proposed management plan for the National Heritage Area.
(a)
removed Management plan—
(1)
removed Requirement for plan— Not later than 3 years after the date on which funds are first made available to carry out this Act, the coordinating entity shall develop and forward to the Secretary a management plan for the heritage area. The management plan shall, at a minimum—
(A)
removed provide recommendations for the conservation, funding, management, and development of the resources of the heritage area;
(B)
removed identify sources of funding for the heritage area;
(C)
removed include an inventory of the cultural, historical, archaeological, natural, and recreational resources of the heritage area;
(D)
removed provide recommendations for educational and interpretive programs to inform the public about the resources of the heritage area; and
(E)
removed include an analysis of ways in which local, State, Federal, and tribal programs may best be coordinated to promote the purposes of this Act.
(2)
removed Fiscal agent— The St. Augustine Lighthouse and Museum has been designated as the fiscal agent for the heritage area. As such, the St. Augustine Lighthouse and Museum shall receive 10 percent of funding received by the heritage area for the initial 5 years of the existence of the heritage area to partially offset costs incurred by the St Augustine Lighthouse and Museum during the formation of the heritage area.
(3)
removed Cooperative development and implementation— The coordinating entity shall develop and implement the management plan in cooperation with affected communities and local governments and shall provide for public involvement in the development and implementation of the management plan.
(4)
removed Effect of noncompliance— If the coordinating entity fails to submit a management plan to the Secretary as required by paragraph (1), the heritage area shall no longer be eligible to receive Federal funding under this Act until such time as a plan is submitted to the Secretary.
(5)
removed Timeline for approval of plan— The Secretary shall approve or disapprove the management plan not later than 180 days after the date of its submission. If the Secretary disapproves the management plan, the Secretary shall advise the coordinating entity in writing of the reasons therefore and shall make recommendations for revisions to the plan.
(6)
removed Revisions to plan— The coordinating entity shall periodically review the management plan and submit to the Secretary any recommendations for proposed revisions to the management plan. Any major revisions to the management plan must be approved by the Secretary.
(7)
removed Approval of revisions— The Secretary shall review and approve or disapprove substantial amendments to the management plan in accordance with paragraph (5).
(b)
changed Authority To provide assistance—Requirements— The coordinating entity may make grants and provide technical assistance to local governments, and other public and private entities to carry out the management plan.plan shall—
(1)
added incorporate an integrated and cooperative approach for the protection, enhancement, and interpretation of the natural, cultural, historic, scenic, and recreational resources of the National Heritage Area;
(2)
added take into consideration Federal, State, local, and Tribal plans and treaty rights;
(3)
added include—
(A)
added an inventory of—
(i)
added the resources located in the National Heritage Area; and
(ii)
added any other property in the National Heritage Area that—
(I)
added is related to the themes of the National Heritage Area; and
(II)
added should be preserved, restored, managed, or maintained because of the significance of the property;
(B)
added comprehensive policies, strategies, and recommendations for the conservation, funding, management, and development of the National Heritage Area;
(C)
added a description of activities that the Federal Government, State, Tribal, and local governments, private organizations, and individuals have agreed to carry out to protect the natural, historical, cultural, scenic, and recreational resources of the National Heritage Area;
(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 National Heritage Area, may best be coordinated to carry out this Act; and
(G)
added an interpretive plan for the National Heritage Area; and
(4)
added 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 National Heritage Area.
(c)
changed Duties—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—shall be ineligible to receive additional funding under this Act until the date on which the Secretary 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 required under this section, the Secretary, in consultation with State 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 Area, including Federal, State, Tribal, and local governments, natural and historic resource protection organizations, educational institutions, businesses, and 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 protection and interpretation strategies contained in the management plan, if implemented, would adequately protect the natural, historical, and cultural resources of the National Heritage Area.
(3)
added Action following disapproval— If the Secretary disapproves the management plan under paragraph (1), 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 of 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 amendment to the management plan until the Secretary has approved the amendment.
(1)
removed give priority in implementing actions set forth in the management plan;
(2)
removed coordinate with Tribal and local governments to better enable them to adopt policies consistent with the goals of the management plan;
(3)
removed encourage, by appropriate means, economic viability in the heritage area consistent with the goals of the management plan; and
(4)
removed assist Tribal and local governments, nonprofit organizations, and private landowners in—
(A)
removed establishing and maintaining interpretive exhibits in the heritage area;
(B)
removed developing outdoor recreational resources in the heritage area;
(C)
removed increasing public awareness of, and appreciation for, the natural, cultural, historical, archaeological, scenic, and outdoor recreational resources and sites in the heritage area;
(D)
removed the preservation and rehabilitation of historic structures, archaeological sites, and natural resources related to the heritage area;
(E)
removed promoting cultural, traditional, and nature-themed events and attractions in the heritage area; and
(F)
removed carrying out other actions that the coordinating entity determines appropriate to fulfill the purposes of this Act, consistent with the management plan.
(d)
removed Prohibition on acquiring real property— The coordinating entity may not use Federal funds received under this Act to acquire real property or an interest in real property.
(e)
removed Public meetings— The coordinating entity shall hold public meetings at least annually regarding the implementation of the management plan.
(f)
removed Annual reports and audits—
(1)
removed Annual reports— For any year in which the management entity receives Federal funds under this Act, the coordinating entity shall submit an annual report to the Secretary setting forth accomplishments, expenses and income, and each entity to which any grant was made by the management entity.
(2)
removed Audit— The management entity shall make available to the Secretary for audit all records relating to the expenditure of Federal funds and any matching funds. The management entity shall also require, for all agreements authorizing expenditure of Federal funds by other organizations, that the receiving organization make available to the Secretary for audit all records concerning the expenditure of those funds.

Sec. 6 Relationship to other Federal agencies

(a)
changed Technical and financial assistance—In general— The Secretary may, upon request of Nothing in this Act affects the coordinating entity, authority of a Federal agency to provide technical and or financial assistance to develop and implement the management plan.under any other law.
(b)
changed Priority—Consultation and coordination— In providing assistance under subsection (a), The head of any Federal agency planning to conduct activities that may have an impact on the National Heritage Area is encouraged to consult and coordinate the activities with the Secretary shall give priority and the local coordinating entity to actions that facilitate—the maximum extent practicable.
(c)
added Other federal agencies— Nothing in this Act—
(1)
added modifies, alters, or amends any law or regulations 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 Area; or
(3)
added modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal agency.
(1)
removed the conservation and promotion of the significant natural, cultural, historical, archaeological, scenic, and outdoor recreational resources of the heritage area; and
(2)
removed the provision of educational, interpretive, and recreational opportunities consistent with the resources and associated values of the heritage area.

Sec. 7 Private property and regulatory protections

added Nothing in this Act—

(a)
removed Access to private property— Nothing in this Act shall be construed to—
(1)
removed require any private property owner to permit public access, including Federal, State, or local government access, to such private property; or
(2)
removed modify any provision of Federal, State, or local law with regard to public access to or use of private lands.
(1)
changed Liability— Designation of abridges the heritage area shall not be considered to create any liability, or to have any effect on any liability under any other law, rights of any private property owner with respect (whether public or private), including the right to refrain from participating in any persons injured on such private property.plan, project, program, or activity conducted within the National Heritage Area;
(2)
changed Recognition of authority To control land use— Nothing in this Act shall be construed to modify, enlarge, or diminish requires any authority of Federal, State, Tribal, or local governments to regulate land use.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)
added to modify public access or use of property of the property owner under any other Federal, State, or local law;
(3)
changed Trust responsibilities— Nothing in this Act shall diminish the Federal Government’s trust responsibilities alters any duly adopted land use regulation, approved land use plan, or government-to-government obligations to a federally recognized Indian Tribe.other regulatory authority of any Federal, State, Tribal, or local agency;
(4)
changed Tribal lands— Nothing in this Act shall restrict or limit a federally recognized Indian Tribe from protecting cultural conveys any land use or religious sites on tribal lands.other regulatory authority to the local coordinating entity;
(5)
changed Participation of private property owners in heritage area— Nothing in this Act shall be construed to require the owner of any private property located within authorizes or implies the boundaries reservation or appropriation of the heritage area to participate in water or be associated with the heritage area.water rights;
(6)
changed Effect of establishment— The boundaries designated for the heritage area represent the area within which Federal funds appropriated for enlarges or diminishes the purpose of this Act shall be expended. The establishment treaty rights of the heritage area and its boundaries shall not be construed to provide any non-existing regulatory authority on land use or water use Indian Tribe within the heritage area or its viewshed by the Secretary or the coordinating entity.National Heritage Area;
(7)
changed Notification and consent of property owners required— No privately owned property shall be preserved, conserved, or promoted by the management plan for the heritage area until the owner of that private property has been notified in writing by the coordinating entity and has given written consent for such preservation, conservation, or promotion to the coordinating entity.diminishes—
(A)
added the authority of the State to manage fish and wildlife, including the regulation of fishing and hunting, within the National Heritage Area; 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)
changed Landowner withdrawal— Any owner creates any liability, or affects any liability under any other law, of any private property located within the boundary of the heritage area shall have their property immediately removed from inclusion in the heritage area by submitting a written request owner with respect to any person injured on the coordinating entity.private property.

Sec. 8 Evaluation and report

(a)
added In general— For the National Heritage Area, 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 Area; and
(2)
added prepare a report in accordance with subsection (c).
(b)
added Evaluation— An evaluation conducted 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 Area; and
(B)
added achieving the goals and objectives of the approved management plan for the National Heritage Area;
(2)
added analyze the investments of the Federal Government, State, Tribal, and local governments, and private entities in the National Heritage Area to determine the impact of the investments; and
(3)
added review the management structure, partnership relationships, and funding of the National Heritage Area for purposes of identifying the critical components for sustainability of the National Heritage Area.
(c)
added Report— Based on the evaluation conducted under subsection (a)(1), the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report that includes recommendations for the future role of the National Park Service, if any, with respect to the National Heritage Area.

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

Sec. 9 Termination of authority

added

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.