,,ii #aacth ,,congress #b;d ,session ,s4 #begf ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #i1 #bjad ,ms4 ,cantwell 7for herself and ,mrs4 ,murray7 introduced the following bill2 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 ,washington1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,maritime ,washington ,national ,heritage ,area ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,heritage area ,the term ,heritage ,area means the ,maritime ,washington ,national ,heritage ,area established by section #d4 7#b7 ,local coordinating entity ,the term local coordinating entity means the local coordinating entity for the ,heritage ,area designated by section #d7;b77#d74 7#c7 ,management plan ,the term management plan means the management plan for the ,heritage ,area described in section #f4 7#d7 ,map ,the term map means the undated overview map entitled ,washington ,state ,maritime ,heritage ,area ,proposed ,boundary and the associated index maps4 7#e7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#f7 ,state ,the term ,state means the ,state of ,washington4 #c4 ,purposes ,the purposes of this ,act are-- 7#a7 to encourage and strengthen partnerships and collaboration among maritime interests for the purpose of economic development and heritage tourism2 7#b7 to recognize that waterfronts are both a foundational part of the heritage of the ,state and dynamic places that are constantly adapting to new opportunities and challenges2 7#c7 to recognize1 interpret1 and conserve the diverse and abundant nationally significant maritime-related objects1 sites1 structures1 places1 events1 and activities that collectively form a distinctive landscape in ports and coastal communities located in the western part of the ,state2 7#d7 to recognize and interpret the impact of that nationally important maritime landscape on ,native ,american and ,european-,american heritage2 7#e7 to preserve landscapes1 communities1 traditions1 historic sites1 and natural features in the ,heritage ,area associated with that maritime history2 7#f7 to promote heritage1 cultural1 and recreational tourism1 and to develop educational1 interpretive1 recreational1 and cultural programs through partnerships for the benefit of visitors and the general public2 and 7#g7 to provide appropriate linkages between ,federal1 ,state1 and local historic sites1 and communities1 governments1 businesses1 organizations1 and individuals that stimulate appropriate and compatible economic vitality within the ,heritage ,area1 without modifying the authority of any ,state1 tribal1 or local government to regulate land use1 public land policy1 or private activity4 #d4 ,maritime ,washington ,national ,heritage ,area 7a7 ,establishment ,there is established the ,maritime ,washington ,national ,heritage ,area in the counties of ,whatcom1 ,skagit1 ,snohomish1 ,san ,juan1 ,island1 ,king1 ,pierce1 ,thurston1 ,mason1 ,kitsap1 ,jefferson1 ,clallam1 and ,grays ,harbor in the ,state4 7b7 ,boundaries 7#a7 ,in general ,the ,heritage ,area shall consist of ,federal1 ,state1 local1 and tribal land that-- 7,a7 allows public access2 and 7,b7 is at least partly located within the area that is #a_/d-mile landward of the shoreline1 as generally depicted on the map4 7#b7 ,revision ,the boundaries of the ,heritage ,area may be revised if the revision is-- 7,a7 proposed in the management plan2 7,b7 approved by the ,secretary in accordance with section #e2 and 7,c7 placed on file in accordance with paragraph 7#c74 7#c7 ,availability of map ,the map shall be on file and available for public inspection in the appropriate offices of the ,national ,park ,service and the local coordinating entity4 7#d7 ,local coordinating entity ,the local coordinating entity for the ,heritage ,area shall be the ,pacific ,northwest ,maritime ,heritage ,advisory ,council1 operating under the ,washington ,trust for ,historic ,preservation4 #e4 ,duties and authorities of local coordinating entity 7a7 ,duties ,to support the purposes of the ,heritage ,area1 the local coordinating entity shall-- 7#a7 prepare and submit to the ,secretary in accordance with section #f1 a management plan for the ,heritage ,area2 7#b7 assist willing partners1 such as units of ,state1 local1 and tribal government1 regional planning organizations1 and private organizations1 in implementing the approved management plan by-- 7,a7 advocating for and carrying out programs and projects that recognize and protect important resource values within the ,heritage ,area2 7,b7 promoting1 developing1 and maintaining interpretive exhibits and programs within the ,heritage ,area2 7,c7 promoting or developing recreational and educational opportunities in the ,heritage ,area2 7,d7 increasing public awareness of1 and appreciation for1 natural1 historic1 scenic1 recreational1 and cultural resources of the ,heritage ,area2 7,e7 advocating for the protection and preservation of historic sites1 structures1 objects1 and buildings in the ,heritage ,area that are consistent with the themes of the ,heritage ,area2 7,f7 ensuring that signs identifying points of public access and sites of interest are posted throughout the ,heritage ,area2 and 7,g7 promoting a wide range of partnerships among governments1 businesses1 organizations1 and individuals to support the purposes of the ,heritage ,area2 7#c7 take into consideration the interests of diverse units of government1 businesses1 organizations1 and individuals in the ,heritage ,area in the preparation and implementation of the management plan2 7#d7 ensure an open and transparent process for the development and implementation of the management plan by holding regular public meetings2 7#e7 submit to the ,secretary an annual report for each fiscal year during which the local coordinating entity receives ,federal funds under this ,act that describes1 with respect to the reporting period-- 7,a7 the goals and accomplishments of the local coordinating entity2 7,b7 the expenses and income of the local coordinating entity2 7,c7 the amounts and sources of matching funds2 7,d7 the amounts leveraged with ,federal funds and sources of the leveraged funds2 7,e7 grants made to any other entities2 and 7,f7 critical components for sustainability of the ,heritage ,area2 7#f7 make available for audit for any fiscal year for which the local coordinating entity receives ,federal funds under this ,act all information pertaining to the expenditure of those funds and any matching funds2 7#g7 in all agreements authorizing expenditures of ,federal funds by other organizations1 ensure that the receiving organizations make available for audit all records and other information pertaining to the expenditure of the funds2 and 7#h7 encourage and strengthen partnerships and collaboration among maritime interests by appropriate means for economic development and heritage tourism1 consistent with the purposes of the ,heritage ,area4 7b7 ,authorities ,subject to the prior approval of the ,secretary1 for the purposes of preparing and implementing the management plan1 the local coordinating entity may use ,federal funds made available under this ,act-- 7#a7 to make grants to the ,state1 political subdivisions of the ,state1 nonprofit organizations1 and other individuals and entities2 7#b7 to enter into cooperative agreements with1 or provide technical assistance to1 the ,state1 political subdivisions of the ,state1 nonprofit organizations1 ,federal agencies1 and other interested parties2 7#c7 to hire and compensate staff2 7#d7 to obtain funds or services from any source1 including funds and services provided under any other ,federal law or program2 7#e7 to contract for goods or services2 and 7#f7 to support activities of partners and any other activities that-- 7,a7 support the purposes of the ,heritage ,area2 and 7,b7 are consistent with the approved management plan4 7c7 ,prohibition on acquisition of real property ,the local coordinating entity may not use ,federal funds received under this ,act to acquire any interest in real property4 #f4 ,management plan 7a7 ,in general ,not later than #c years after the date on which funds are made available to develop the management plan1 the local coordinating entity shall submit to the ,secretary for approval a proposed management plan for the ,heritage ,area4 7b7 ,requirements ,the management plan for the ,heritage ,area shall-- 7#a7 describe comprehensive policies1 goals1 strategies1 and recommendations for the conservation1 funding1 management1 interpretation1 and development of the ,heritage ,area2 7#b7 take into consideration existing ,state and local plans in the development and implementation of the management plan2 7#c7 include a description of actions and commitments that governments1 private organizations1 and individuals plan to take to protect1 enhance1 and interpret the natural1 historic1 scenic1 and cultural resources of the ,heritage ,area2 7#d7 specify existing and potential sources of funding or economic development strategies to conserve1 manage1 and develop the ,heritage ,area2 7#e7 include an inventory of the natural1 historic1 cultural1 educational1 scenic1 and recreational resources of the ,heritage ,area relating to the stories and themes of the ,heritage ,area that should be protected1 enhanced1 managed1 or developed2 7#f7 recommend policies and strategies for resource management1 including the development of intergovernmental and interagency agreements1 to protect the natural1 historic1 cultural1 educational1 scenic1 and recreational resources of the ,heritage ,area2 7#g7 describe a program for implementation of the management plan1 including-- 7,a7 performance goals2 7,b7 an approximate timeline for implementation2 7,c7 specific commitments for implementation2 and 7,d7 how the plan will be evaluated and updated2 7#h7 include an analysis of1 and recommendations for1 ways in which ,federal1 ,state1 tribal1 and local programs may best be coordinated 7including the role of the ,national ,park ,service and other ,federal agencies associated with the ,heritage ,area7 to support the purposes of this ,act2 7#i7 provide recommendations for educational and interpretive programs to inform the public regarding the resources of the ,heritage ,area2 and 7#aj7 include a business plan that-- 7,a7 describes the role1 operation1 financing1 and functions of-- 7i7 the local coordinating entity2 and 7ii7 each major activity contained in the management plan2 7,b7 provides adequate assurances that the local coordinating entity has the partnerships and financial and other resources necessary to implement the management plan for the ,heritage ,area2 and 7,c7 describes goals and recommendations for sustainability of the coordinating entity through the effective period of this ,act4 7c7 ,termination of funding ,if the management plan is not submitted to the ,secretary in accordance with this section1 the local coordinating entity shall not qualify for additional financial assistance under this ,act until the date on which the management plan is submitted to1 and approved by1 the ,secretary4 7d7 ,approval of management plan 7#a7 ,review ,not later than #ahj days after the date on which the ,secretary receives the management plan1 the ,secretary shall approve or disapprove the management plan4 7#b7 ,criteria for approval ,in determining the approval of the management plan1 the ,secretary shall consider whether-- 7,a7 the local coordinating entity represents the diverse interests of the ,heritage ,area1 including governments1 resource-related organizations1 educational institutions1 ports1 businesses1 community residents1 and recreational organizations2 7,b7 the local coordinating entity has afforded adequate opportunity for public and governmental involvement 7including workshops and public meetings7 in the preparation of the management plan2 7,c7 the conservation and interpretation strategies described in the management plan1 if implemented1 are compatible and consistent with this ,act2 7,d7 the management plan would not adversely affect any activities authorized on ,federal1 ,state1 local1 or tribal land under applicable laws or land use plans2 7,e7 the ,secretary has received adequate assurances from the appropriate ,state1 tribal1 and local officials the support of which is needed to ensure the effective implementation of the ,state1 tribal1 and local aspects of the management plan2 7,f7 the local coordinating entity has identified existing and potential sources of funding for implementing the management plan in partnership with others2 and 7,g7 provisions for long-term sustainability of the ,heritage ,area are in place4 7#c7 ,action following disapproval 7,a7 ,in general ,if the ,secretary disapproves the management plan1 the ,secretary-- 7i7 shall advise the local coordinating entity in writing of the reasons for the disapproval2 and 7ii7 may make recommendations to the local coordinating entity for revisions to the management plan4 7,b7 ,deadline ,not later than #ahj days after receiving a revised management plan1 the ,secretary shall approve or disapprove the revised management plan4 7#d7 ,amendments 7,a7 ,in general ,an amendment to the management plan that substantially alters the management plan shall be-- 7i7 reviewed by the ,secretary2 and 7ii7 approved or disapproved in the same manner as the original management plan4 7,b7 ,implementation ,the local coordinating entity shall not use ,federal funds authorized to be appropriated by this ,act to implement any amendment to the management plan until the ,secretary approves the amendment4 #g4 ,duties and authorities of ,secretary 7a7 ,technical and financial assistance 7#a7 ,in general ,on the request of the local coordinating entity1 the ,secretary may provide technical and financial assistance1 on a reimbursable or nonreimbursable basis 7as determined by the ,secretary71 to the local coordinating entity to develop and implement the management plan4 7#b7 ,cooperative agreements ,the ,secretary may enter into cooperative agreements with the local coordinating entity and other public or private organizations to provide technical or financial assistance under paragraph 7#a74 7#c7 ,priority ,in providing assistance under this subsection1 the ,secretary shall give priority to actions that assist in-- 7,a7 conserving the significant historic and cultural maritime-related resources of the ,heritage ,area2 and 7,b7 providing educational1 interpretive1 and recreational opportunities for the public1 consistent with the purposes of the ,heritage ,area4 7b7 ,evaluation2 report 7#a7 ,in general ,not later than #c years before the date on which authority for ,federal funding terminates for the ,heritage ,area under section #aa1 the ,secretary shall-- 7,a7 conduct an evaluation of the accomplishments of the ,heritage ,area2 and 7,b7 prepare a report that includes recommendations for the future role of the ,national ,park ,service1 if any1 with respect to the ,heritage ,area1 in accordance with paragraph 7#c74 7#b7 ,evaluation components ,an evaluation conducted under paragraph 7#a77;,a7 shall-- 7,a7 assess the progress of the local coordinating entity with respect to-- 7i7 accomplishing the purposes of this ,act for the ,heritage ,area2 and 7ii7 achieving the goals and objectives of the approved management plan for the ,heritage ,area2 7,b7 analyze the ,federal1 ,state1 local1 and private investments in the ,heritage ,area to determine the leverage and impact of the investments2 and 7,c7 review the management structure1 partnership relationships1 and funding of the ,heritage ,area for purposes of identifying the critical components for sustainability of the ,heritage ,area4 7#c7 ,recommendations 7,a7 ,in general ,based on the evaluation conducted under paragraph 7#a77;,a71 the ,secretary shall prepare a report that includes recommendations for the future role of the ,national ,park ,service1 if any1 with respect to the ,heritage ,area4 7,b7 ,required analysis ,if the report prepared under this paragraph recommends that ,federal funding for the ,heritage ,area be reauthorized1 the report shall include an analysis of-- 7i7 ways in which ,federal funding for the ,heritage ,area may be reduced or eliminated2 and 7ii7 the appropriate time period necessary to achieve the recommended reduction or elimination4 7,c7 ,submission to ,congress ,on completion of a report under this paragraph1 the ,secretary shall submit the report to-- 7i7 the ,committee on ,energy and ,natural ,resources of the ,senate2 and 7ii7 the ,committee on ,natural ,resources of the ,house of ,representatives4 #h4 ,relationship to other ,federal agencies 7a7 ,in general ,nothing in this ,act affects the authority of any ,federal agency to provide technical or financial assistance under any other law 7including regulations74 7b7 ,consultation and coordination ,to the maximum extent practicable1 the head of any ,federal agency planning to conduct activities that may have an impact on the ,heritage ,area is encouraged to consult and coordinate the activities with the ,secretary and the local coordinating entity4 7c7 ,other ,federal agencies ,nothing in this ,act-- 7#a7 modifies1 alters1 or amends any laws 7including regulations7 authorizing a ,federal agency to manage land under the jurisdiction of the ,federal agency2 7#b7 limits the discretion of a ,federal land manager to implement an approved land use plan within the boundaries of the ,heritage ,area2 or 7#c7 modifies1 alters1 or amends any authorized use of ,federal land under the jurisdiction of a ,federal agency4 #i4 ,property owners and regulatory protections ,nothing in this ,act-- 7#a7 abridges the rights of any owner of public or private property1 including the right to refrain from participating in any plan1 project1 program1 or activity conducted within the ,heritage ,area2 7#b7 requires any property owner-- 7,a7 to permit public access 7including ,federal1 ,state1 tribal1 or local government access7 to the property2 or 7,b7 to modify any provision of ,federal1 ,state1 tribal1 or local law with regard to public access or use of private land2 7#c7 alters any duly adopted land use regulation1 approved land-use plan1 or any other regulatory authority of any ,federal1 ,state1 or local agency1 or tribal government2 7#d7 conveys any land use or other regulatory authority to the local coordinating entity2 7#e7 authorizes or implies the reservation or appropriation of water or water rights2 7#f7 diminishes the authority of the ,state to manage fish and wildlife1 including the regulation of fishing and hunting within the ,heritage ,area2 or 7#g7 creates any liability1 or affects any liability under any other law1 of any private property owner with respect to any individual injured on the private property4 #aj4 ,authorization of appropriations 7a7 ,in general ,there is authorized to be appropriated to carry out this ,act #aj1jjj1jjj1 of which not more than #ejj1jjj shall be made available for any fiscal year4 7b7 ,availability ,funds made available under subsection 7a7 shall remain available until expended4 7c7 ,cost-,sharing requirement 7#a7 ,in general ,the ,federal share of the total cost of any activity under this section shall be not more than #ej percent4 7#b7 ,form ,the non-,federal contribution-- 7,a7 shall be from non-,federal sources2 and 7,b7 may be in the form of in-kind contributions of goods or services fairly valued4 #aa4 ,termination of financial assistance ,the authority of the ,secretary to provide financial assistance under this ,act terminates on the date that is #ae years after the date of enactment of this ,act4