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H.R. 6329 (111th): Sacramento-San Joaquin Delta National Heritage Area Establishment Act


The text of the bill below is as of Sep 29, 2010 (Introduced). The bill was not enacted into law.


I

111th CONGRESS

2d Session

H. R. 6329

IN THE HOUSE OF REPRESENTATIVES

September 29, 2010

(for himself, Mr. George Miller of California, Mr. Thompson of California, Ms. Matsui, and Mr. McNerney) introduced the following bill; which was referred to the Committee on Natural Resources

A BILL

To establish the Sacramento-San Joaquin Delta National Heritage Area.

1.

Short title

This Act may be cited as the Sacramento-San Joaquin Delta National Heritage Area Establishment Act.

2.

Sacramento-San Joaquin Delta National Heritage Area

(a)

Definitions

In this section:

(1)

Heritage Area

The term Heritage Area means the Sacramento-San Joaquin Delta Heritage Area established by this section.

(2)

Heritage Area management plan

The term Heritage Area management plan means the plan developed and adopted by the management entity under this section.

(3)

Management entity

The term management entity means the management entity for the Heritage Area designated by subsection (b)(4).

(4)

Secretary

The term Secretary means the Secretary of the Interior.

(b)

Sacramento-San Joaquin Delta Heritage Area

(1)

Establishment

There is established the Sacramento-San Joaquin Delta Heritage Area in the State of California.

(2)

Boundaries

The boundaries of the Heritage Area shall be in the counties of Contra Costa, Sacramento, San Joaquin, Solano, and Yolo in the State of California, as generally depicted on the map entitled Sacramento-San Joaquin Delta National Heritage Area Proposed Boundary, numbered T27/105,030, and dated September 2010.

(3)

Availability of map

The map described in paragraph (2) shall be on file and available for public inspection in the appropriate offices of the National Park Service and the Delta Protection Commission.

(4)

Management entity

The management entity for the Heritage Area shall be the Delta Protection Commission established by section 29735 of the California Public Resources Code.

(5)

Administration; Management plan

(A)

Administration

For purposes of carrying out the Heritage Area management plan, the Secretary, acting through the management entity, may use amounts made available under this section in accordance with section 8001(c) of the Omnibus Public Land Management Act of 2009 (Public Law 111–11; 123 Stat. 991).

(B)

Management plan

(i)

In general

Subject to clause (ii), the management entity shall submit to the Secretary for approval a proposed management plan for the Heritage Area in accordance with section 8001(d) of the Omnibus Public Land Management Act of 2009 (Public Law 111–11; 123 Stat. 991).

(ii)

Restrictions

The Heritage Area management plan submitted under this paragraph shall—

(I)

ensure participation by appropriate Federal, State, tribal, and local agencies, including the Delta Stewardship Council, special districts, natural and historical resource protection and agricultural organizations, educational institutions, businesses, recreational organizations, community residents, and private property owners; and

(II)

not be approved until the Secretary has received certification from the Delta Protection Commission that the Delta Stewardship Council has reviewed the Heritage Area management plan for consistency with the plan adopted by the Delta Stewardship Council pursuant to State law.

(6)

Relationship to other Federal agencies; Private property

(A)

Relationship to other Federal agencies

The provisions of section 8001(e) of the Omnibus Public Land Management Act of 2009 (Public Law 111–11; 123 Stat. 991) shall apply to the Heritage Area.

(B)

Private property

(i)

In general

Subject to clause (ii), the provisions of section 8001(f) of the Omnibus Public Land Management Act of 2009 (Public Law 111–11; 123 Stat. 991) shall apply to the Heritage Area.

(ii)

Opt out

An owner of private property within the Heritage Area may opt out of participating in any plan, project, program, or activity carried out within the Heritage Area under this section, if the property owner provides written notice to the management entity.

(7)

Evaluation; report

The provisions of section 8001(g) of the Omnibus Public Land Management Act of 2009 (Public Law 111–11; 123 Stat. 991) shall apply to the Heritage Area.

(8)

Effect of designation

Nothing in this section—

(A)

precludes the management entity from using Federal funds made available under other laws for the purposes for which those funds were authorized; or

(B)

affects any water rights or contracts.

(9)

Authorization of appropriations

(A)

In general

There is authorized to be appropriated to carry out this section $20,000,000, of which not more than $2,000,000 may be made available for any fiscal year.

(B)

Cost-sharing requirement

The Federal share of the total cost of any activity under this section shall be determined by the Secretary, but shall be not more than 50 percent.

(C)

Non-Federal share

The non-Federal share of the total cost of any activity under this section may be in the form of—

(i)

in-kind contributions of goods or services; or

(ii)

State or local government fees, taxes, or assessments.

(10)

Termination of authority

If a proposed management plan has not been submitted to the Secretary by the date that is 5 years after the date of enactment of this title, the Heritage Area designation shall be rescinded.