,i #aafth ,,congress #ast ,session ,h4 ,r4 #dedb ,,in ,,the ,,house ,,of ,,representatives ,september #bg1 #bjai,mr4 ,rutherford 7for himself1 ,mr4 ,waltz1 and ,mr4 ,lawson of ,florida7 introduced the following bill2 which was referred to the ,committee on ,natural ,resources ,a ,,bill ,to establish the ,nation's ,oldest ,port ,national ,heritage ,area in the ,state of ,florida1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,nation's ,oldest ,port ,national ,heritage ,area ,act4 #b4 ,congressional findings ,congress finds the following3 7#a7 ,the ,nation's ,oldest ,port region of northeast ,florida holds a mosaic of cultures and maritime heritage that includes ,native ,americans1 whose heritage reaches back some #i1jjj years1 and the descendants of ,european and ,american explorers and settlers1 who shaped the region1 its land1 customs1 and traditions from #aeac to the present day and have made indelible contributions to ,american and ,world history4 7#b7 ,the ,nation's ,oldest ,port region expresses a combination of cultures1 maritime heritage1 ,atlantic and ,world history1 cultural diversity1 traditions1 arts1 architecture1 transportation corridors1 and coastal and ocean resources that makes this geographic area a unique and distinctive coastal landscape in the ,united ,states4 7#c7 ,the area contains the ,nation's ,oldest ,port1 and a series of interconnected waterways that include the ,st4 ,mary's ,river1 the ,st4 ,johns ,river1 ,tolomato and ,matanzas ,rivers1 ,pellicer ,creek watershed1 and the numerous diverse and spectacular historic1 cultural1 natural1 scenic and recreational resources1 including the designated national treasures of ,timucuan ,ecological and ,historical ,preserve1 ,guana ,tolomato ,matanzas ,national ,estuarine ,research ,reserve1 the ,castillo de ,san ,marcos ,national ,monument1 and ,fort ,matanzas ,national ,monument4 7#d7 ,there is broad support expressed as resolutions1 letters1 and in public meetings from local governments1 ,state parks1 and many local planning and community groups1 chambers of commerce1 business associations1 museums1 historical societies and associations1 nature conservation groups1 agricultural interests1 private property owners1 and other interested individuals to establish a ,national ,heritage ,area to coordinate and to assist in the preservation1 interpretation1 promotion1 and enjoyment of these resources4 7#e7 ,establishment of a ,national ,heritage ,area in northeast ,florida would assist local communities1 residents1 and property owners in preserving these unique and nationally distinctive cultural1 historical1 and natural resources4 #c4 ,definitions ,as used in this ,act3 7#a7 ,heritage ,area ,the term heritage area means the ,nation's ,oldest ,port ,national ,heritage ,area4 7#b7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#c7 ,coordinating entity ,the term coordinating entity means the ,nation's ,oldest ,port ,heritage ,area ,alliance1 ,inc4 #d4 ,nation's oldest port national heritage area 7a7 ,establishment ,there is hereby established the ,nation's ,oldest ,port ,national ,heritage ,area in the ,state of ,florida4 7b7 ,boundaries ,the heritage area shall include natural watersheds in ,nassau1 ,duval1 ,st4 ,johns1 and ,flagler counties1 ,florida1 as depicted on the map1 entitled ,nation's ,oldest ,port ,national ,heritage ,area1 numbered and dated 4 7c7 ,coordinating entity 7#a7 ,in general ,the ,nation's ,oldest ,port ,heritage ,area ,alliance1 ,inc41 a nonprofit organization which is exempt from taxation under section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf1 chartered in the ,state of ,florida1 shall serve as the coordinating entity for the heritage area4 7#b7 ,board of ,directors ,the board of directors of the coordinating entity shall be-- 7,a7 selected in accordance with the bylaws of the coordinating entity1 which have been approved by the heritage area working group2 and 7,b7 responsible for planning1 fundraising1 staff oversight1 and final selection of projects and programs supported by the heritage area4 7#c7 ,committees ,the board of directors may establish committees to-- 7,a7 advise and assist the board of directors of the coordinating entity2 7,b7 represent a broad range of local interests1 such as municipalities1 culture1 arts1 architecture1 agriculture1 archaeology1 historic preservation1 maritime heritage1 nature conservation1 education1 parks1 outdoor recreation1 tourism1 economic development1 lodging1 restaurants1 transportation1 private landowners1 and water quality2 7,c7 review and suggest projects and programs for funding and other assistance from the heritage area2 and 7,d7 identify potential partnerships between the heritage area and government agencies1 nonprofits1 the private sector1 and other local stakeholders to help achieve long-term goals4 7d7 ,authorities of local coordinating entity ,the local coordinating entity may1 for purposes of preparing and implementing the management plan-- 7#a7 prepare reports1 studies1 interpretive exhibits and programs1 historic preservation projects1 and other activities recommended in the management plan for the ,heritage ,area2 7#b7 make grants to the ,state1 political subdivisions of the ,state1 nonprofit organizations1 and other persons2 7#c7 enter into cooperative agreements with the ,state1 political subdivisions of the ,state1 nonprofit organizations1 and other organizations2 7#d7 hire and compensate staff2 7#e7 obtain funds or services from any source1 including funds and services provided under any ,federal program or law1 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 #ej percent2 and 7#f7 contract for goods and services4 #e4 ,authority and duties of the coordinating entity 7a7 ,management plan 7#a7 ,requirement for plan ,not later than #c years after the date on which funds are first made available to carry out this ,act1 the coordinating entity shall develop and forward to the ,secretary a management plan for the heritage area4 ,the management plan shall1 at a minimum-- 7,a7 provide recommendations for the conservation1 funding1 management1 and development of the resources of the heritage area2 7,b7 identify sources of funding for the heritage area2 7,c7 include an inventory of the cultural1 historical1 archaeological1 natural1 and recreational resources of the heritage area2 7,d7 provide recommendations for educational and interpretive programs to inform the public about the resources of the heritage area2 and 7,e7 include an analysis of ways in which local1 ,state1 ,federal1 and tribal programs may best be coordinated to promote the purposes of this ,act4 7#b7 ,fiscal agent ,the ,st4 ,augustine ,lighthouse and ,museum has been designated as the fiscal agent for the heritage area4 ,as such1 the ,st4 ,augustine ,lighthouse and ,museum shall receive #aj percent of funding received by the heritage area for the initial #e 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 area4 7#c7 ,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 plan4 7#d7 ,effect of noncompliance ,if the coordinating entity fails to submit a management plan to the ,secretary as required by paragraph 7#a71 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 ,secretary4 7#e7 ,timeline for approval of plan ,the ,secretary shall approve or disapprove the management plan not later than #ahj days after the date of its submission4 ,if the ,secretary disapproves the management plan1 the ,secretary shall advise the coordinating entity in writing of the reasons therefore and shall make recommendations for revisions to the plan4 7#f7 ,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 plan4 ,any major revisions to the management plan must be approved by the ,secretary4 7#g7 ,approval of revisions ,the ,secretary shall review and approve or disapprove substantial amendments to the management plan in accordance with paragraph 7#e74 7b7 ,authority ,to provide assistance ,the coordinating entity may make grants and provide technical assistance to local governments1 and other public and private entities to carry out the management plan4 7c7 ,duties ,the coordinating entity shall-- 7#a7 give priority in implementing actions set forth in the management plan2 7#b7 coordinate with ,tribal and local governments to better enable them to adopt policies consistent with the goals of the management plan2 7#c7 encourage1 by appropriate means1 economic viability in the heritage area consistent with the goals of the management plan2 and 7#d7 assist ,tribal and local governments1 nonprofit organizations1 and private landowners in-- 7,a7 establishing and maintaining interpretive exhibits in the heritage area2 7,b7 developing outdoor recreational resources in the heritage area2 7,c7 increasing public awareness of1 and appreciation for1 the natural1 cultural1 historical1 archaeological1 scenic1 and outdoor recreational resources and sites in the heritage area2 7,d7 the preservation and rehabilitation of historic structures1 archaeological sites1 and natural resources related to the heritage area2 7,e7 promoting cultural1 traditional1 and nature-themed events and attractions in the heritage area2 and 7,f7 carrying out other actions that the coordinating entity determines appropriate to fulfill the purposes of this ,act1 consistent with the management plan4 7d7 ,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 property4 7e7 ,public meetings ,the coordinating entity shall hold public meetings at least annually regarding the implementation of the management plan4 7f7 ,annual reports and audits 7#a7 ,annual reports ,for any year in which the management entity receives ,federal funds under this ,act1 the coordinating entity shall submit an annual report to the ,secretary setting forth accomplishments1 expenses and income1 and each entity to which any grant was made by the management entity4 7#b7 ,audit ,the management entity shall make available to the ,secretary for audit all records relating to the expenditure of ,federal funds and any matching funds4 ,the management entity shall also require1 for all agreements authorizing expenditure of ,federal funds by other organizations1 that the receiving organization make available to the ,secretary for audit all records concerning the expenditure of those funds4 #f4 ,duties of the secretary 7a7 ,technical and financial assistance ,the ,secretary may1 upon request of the coordinating entity1 provide technical and financial assistance to develop and implement the management plan4 7b7 ,priority ,in providing assistance under subsection 7a71 the ,secretary shall give priority to actions that facilitate-- 7#a7 the conservation and promotion of the significant natural1 cultural1 historical1 archaeological1 scenic1 and outdoor recreational resources of the heritage area2 and 7#b7 the provision of educational1 interpretive1 and recreational opportunities consistent with the resources and associated values of the heritage area4 #g4 ,private property protection 7a7 ,access to private property ,nothing in this ,act shall be construed to-- 7#a7 require any private property owner to permit public access1 including ,federal1 ,state1 or local government access1 to such private property2 or 7#b7 modify any provision of ,federal1 ,state1 or local law with regard to public access to or use of private lands4 7b7 ,liability ,designation of the heritage area shall not be considered to create any liability1 or to have any effect on any liability under any other law1 of any private property owner with respect to any persons injured on such private property4 7c7 ,recognition of authority ,to control land use ,nothing in this ,act shall be construed to modify1 enlarge1 or diminish any authority of ,federal1 ,state1 ,tribal1 or local governments to regulate land use4 7d7 ,trust responsibilities ,nothing in this ,act shall diminish the ,federal ,government's trust responsibilities or government-to-government obligations to a federally recognized ,indian ,tribe4 7e7 ,tribal lands ,nothing in this ,act shall restrict or limit a federally recognized ,indian ,tribe from protecting cultural or religious sites on tribal lands4 7f7 ,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 the boundaries of the heritage area to participate in or be associated with the heritage area4 7g7 ,effect of establishment ,the boundaries designated for the heritage area represent the area within which ,federal funds appropriated for the purpose of this ,act shall be expended4 ,the establishment of the heritage area and its boundaries shall not be construed to provide any non-existing regulatory authority on land use or water use within the heritage area or its viewshed by the ,secretary or the coordinating entity4 7h7 ,notification and consent of property owners required ,no privately owned property shall be preserved1 conserved1 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 preservation1 conservation1 or promotion to the coordinating entity4 7i7 ,landowner withdrawal ,any owner of 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 to the coordinating entity4 #h4 ,sunset ,the authority of the ,secretary to provide assistance under this ,act terminates on the date that is #ae years after the date of the enactment of this ,act4