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108th CONGRESS
2d Session
H. R. 4683
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 29, 2004
Received
_______________________________________________________________________
AN ACT
To enhance the preservation and interpretation of the Gullah/Geechee
cultural heritage, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gullah/Geechee Cultural Heritage
Act''.
SEC. 2. PURPOSES.
The purposes of this Act are to--
(1) recognize the important contributions made to American
culture and history by African-Americans known as the Gullah/
Geechee who settled in the coastal counties of South Carolina
and Georgia;
(2) assist State and local governments and public and
private entities in the South Carolina and Georgia in
interpreting the story of the Gullah/Geechee and preserving
Gullah/Geechee folklore, arts, crafts, and music; and
(3) assist in identifying and preserving sites, historical
data, artifacts, and objects associated with the Gullah/Geechee
for the benefit and education of the public.
SEC. 3. DEFINITIONS.
For the purposes of this Act, the following definitions apply:
(1) Commission.--The term ``Commission'' means the Gullah/
Geechee Cultural Heritage Corridor Commission established under
this Act.
(2) Heritage corridor.--The term ``Heritage Corridor''
means the Gullah/Geechee Cultural Heritage Corridor established
by this Act.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 4. GULLAH/GEECHEE CULTURAL HERITAGE CORRIDOR.
(a) Establishment.--There is established the Gullah/Geechee
Cultural Heritage Corridor.
(b) Boundaries.--
(1) In general.--The Heritage Corridor shall be comprised
of those lands and waters generally depicted on a map entitled
``Gullah/Geechee Cultural Heritage Corridor'' numbered GGCHC/
80,000, and dated September 2004. The map shall be on file and
available for public inspection in the appropriate offices of
the National Park Service and in an appropriate State office in
each of the States included in the Heritage Corridor. The
Secretary shall publish in the Federal Register, as soon as
practicable after the date of enactment of this Act a detailed
description and map of the boundaries established under this
subsection.
(2) Revisions.--The boundaries of the heritage corridor may
be revised if the revision is--
(A) proposed in the management plan developed for
the Heritage Corridor;
(B) approved by the Secretary in accordance with
this Act; and
(C) placed on file in accordance with paragraph
(1).
(c) Administration.--The Heritage Corridor shall be administered in
accordance with the provisions of this Act.
SEC. 5. GULLAH/GEECHEE CULTURAL HERITAGE CORRIDOR COMMISSION.
(a) Establishment.--There is hereby established a commission to be
known as ``Gullah/Geechee Cultural Heritage Corridor Commission'' whose
purpose shall be to assist Federal, State, and local authorities in the
development and implementation of a management plan for those land and
waters specified in section 4.
(b) Membership.--The Commission shall be composed of nine members
appointed by the Secretary as follows:
(1) Four individuals nominated by the State Historic
Preservation Officer of South Carolina and two individuals
nominated by the State Historic Preservation Officer of Georgia
and appointed by the Secretary.
(2) Two individuals from South Carolina and one individual
from Georgia who are recognized experts in historic
preservation, anthropology, and folklore, appointed by the
Secretary.
(c) Terms.--Members of the Commission shall be appointed to terms
not to exceed 3 years. The Secretary may stagger the terms of the
initial appointments to the Commission in order to assure continuity of
operation. Any member of the Commission may serve after the expiration
of their term until a successor is appointed. A vacancy shall be filled
in the same manner in which the original appointment was made.
(d) Termination.--The Commission shall terminate 10 years after the
date of the enactment of this Act.
SEC. 6. OPERATION OF THE COMMISSION.
(a) Duties of the Commission.--To further the purposes of the
Heritage Corridor, the Commission shall--
(1) prepare and submit a management plan to the Secretary
in accordance with section 7;
(2) assist units of local government and other persons in
implementing the Approved management plan by--
(A) carry out programs and projects that recognize,
protect, and enhance important resource values within
the Heritage Corridor;
(B) establishing and maintaining interpretive
exhibits and programs within the Heritage Corridor;
(C) developing recreational and educational
opportunities in the Heritage Corridor;
(D) increasing public awareness of and appreciation
for the historical, cultural, natural, and scenic
resources of the Heritage Corridor;
(E) protecting and restoring historic sites and
buildings in the Heritage Corridor that are consistent
with heritage corridor themes;
(F) ensuring that clear, consistent, and
appropriate signs identifying points of public access
and sites of interest are posted throughout the
Heritage Corridor; and
(G) promoting a wide range of partnerships among
governments, organizations, and individuals to further
the purposes of the Heritage Corridor;
(3) consider the interests of diverse units of government,
business, organizations, and individuals in the Heritage
Corridor in the preparation and implementation of the
management plan;
(4) conduct meetings open to the public at least quarterly
regarding the development and implementation of the management
plan;
(5) submit an annual report to the Secretary for any fiscal
year in which the Commission receives Federal funds under this
Act, setting forth its accomplishments, expenses, and income,
including grants made to any other entities during the year for
which the report is made;
(6) make available for audit for any fiscal year in which
it receives Federal funds under this Act, all information
pertaining to the expenditure of such funds and any matching
funds, and require all agreements authorizing expenditures of
Federal funds by other organizations, that the receiving
organization make available for audit all records and other
information pertaining to the expenditure of such funds; and
(7) encourage by appropriate means economic viability that
is consistent with the purposes of the Heritage Corridor.
(b) Authorities.--The Commission may, for the purposes of preparing
and implementing the management plan, use funds made available under
this Act to--
(1) make grants to, and enter into cooperative agreements
with the States of South Carolina and Georgia, political
subdivisions of those States, a nonprofit organization, or any
person;
(2) hire and compensate staff;
(3) obtain funds from any source including any that are
provided under any other Federal law or program; and
(4) contract for goods and services.
SEC. 7. MANAGEMENT PLAN.
(a) In General.--The management plan for the Heritage Corridor
shall--
(1) include comprehensive policies, strategies, and
recommendations for conservation, funding, management, and
development of the Heritage Corridor;
(2) take into consideration existing State, county, and
local plans in the development of the management plan and its
implementation;
(3) include a description of actions that governments,
private organizations, and individuals have agreed to take to
protect the historical, cultural, and natural resources of the
Heritage Corridor;
(4) specify the existing and potential sources of funding
to protect, manage, and develop the Heritage Corridor in the
first 5 years of implementation;
(5) include an inventory of the historical, cultural,
natural, resources of the Heritage Corridor related to the
themes of the Heritage Corridor that should be preserved,
restored, managed, developed, or maintained;
(6) 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 Heritage Corridor's historical,
cultural, and natural resources;
(7) describe a program for implementation of the management
plan including plans for resources protection, restoration,
construction, and specific commitments for implementation that
have been made by the Commission or any government,
organization, or individual for the first 5 years of
implementation;
(8) include an analysis and recommendations for the ways in
which Federal, State, or local programs may best be coordinated
to further the purposes of this Act; and
(9) include an interpretive plan for the Heritage Corridor.
(b) Submittal of Management Plan.--The Commission shall submit the
management plan to the Secretary for approval not later than 3 years
after funds are made available for this Act.
(c) Failure to Submit.--If the Commission fails to submit the
management plan to the Secretary in accordance with subsection (b), the
Heritage Corridor shall not qualify for Federal funding until the
management plan is submitted.
(d) Approval or Disapproval of Management Plan.--
(1) In general.--The Secretary shall approve or disapprove
the management plan not later than 90 days after receiving the
management plan.
(2) Criteria.--In determining whether to approve the
management plan, the Secretary shall consider whether--
(A) the Commission has afforded adequate
opportunity, including public hearings, for public and
governmental involvement in the preparation of the
management plan;
(B) the resource preservation and interpretation
strategies contained in the management plan would
adequately protect the cultural and historic resources
of the Heritage Corridor; and
(C) 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) Action following disapproval.--If the Secretary
disapproves the management plan, the Secretary shall advise the
Commission in writing of the reasons therefore and shall make
recommendations for revisions to the management plan. The
Secretary shall approve or disapprove a proposed revision not
later than 60 days after the date it is submitted.
(4) Approval of amendments.--Substantial amendments to the
management plan shall be reviewed and approved by the Secretary
in the same manner as provided in the original management plan.
The Commission shall not use Federal funds authorized by this
Act to implement any amendments until the Secretary has
approved the amendments.
SEC. 8. TECHNICAL AND FINANCIAL ASSISTANCE.
(a) In General.--Upon a request of the Commission, the Secretary
may provide technical and financial assistance for the development and
implementation of the management plan.
(b) Priority for Assistance.--In providing assistance under
subsection (a), the Secretary shall give priority to actions that
assist in--
(1) conserving the significant cultural, historical, and
natural resources of the Heritage Corridor; and
(2) providing educational and interpretive opportunities
consistent with the purposes of the Heritage Corridor.
(c) Spending for Non-Federal Property.--
(1) In general.--The Commission may expend Federal funds
made available under this Act on nonfederally owned property
that is--
(A) identified in the management plan; or
(B) listed or eligible for listing on the National
Register for Historic Places.
(2) Agreements.--Any payment of Federal funds made pursuant
to this Act shall be subject to an agreement that conversion,
use, or disposal of a project so assisted for purposes contrary
to the purposes of this Act, as determined by the Secretary,
shall result in a right of the United States to compensation of
all funds made available to that project or the proportion of
the increased value of the project attributable to such funds
as determined at the time of such conversion, use, or disposal,
whichever is greater.
SEC. 9. DUTIES OF OTHER FEDERAL AGENCIES.
Any Federal agency conducting or supporting activities directly
affecting the Heritage Corridor shall--
(1) consult with the Secretary and the Commission with
respect to such activities;
(2) cooperate with the Secretary and the Commission in
carrying out their duties under this Act and, to the maximum
extent practicable, coordinate such activities with the
carrying out of such duties; and
(3) to the maximum extent practicable, conduct or support
such activities in a manner in which the Commission determines
will not have an adverse effect on the Heritage Corridor.
SEC. 10. COASTAL HERITAGE CENTERS.
In furtherance of the purposes of this Act and using the
authorities made available under this Act, the Commission shall
establish one or more Coastal Heritage Centers at appropriate locations
within the Heritage Corridor in accordance with the preferred
alternative identified in the Record of Decision for the Low Country
Gullah Culture Special Resource Study and Environmental Impact Study,
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