Creation of the Mississippi Delta National Heritage Area

National Heritage Areas are created by an act of Congress. Legislation for the Mississippi Delta National Heritage Area was sponsored by Rep. Bennie Thompson, Senator Thad Cochran and Senator Roger Wicker. Following designation by Congress, the Mississippi Delta National Heritage Area was signed into law as part of the Omnibus Federal Land Management Act of 2009. The act was signed by President Obama on March 30, 2009.

SEC. 8008. MISSISSIPPI DELTA NATIONAL HERITAGE AREA.

(a) DEFINITIONS — In this section:
BOARD — The term means the Board of Directors of the local coordinating entity.
HERITAGE AREA — The term means the Mississippi Delta National Heritage Area established by subsection (b)(1).
LOCAL COORDINATING ENTITY — The term means the local coordinating entity for the Heritage Area designated by
subsection (b)(4)(A).
MANAGEMENT PLAN — The term means the management plan for the Heritage Area developed under subsection (d).
MAP — The term means the map entitled ‘‘Mississippi Delta National Heritage Area’’, numbered T13/80,000, and dated April 2008.
SECRETARY — The term means the Secretary of the Interior.
STATE — The term means the State of Mississippi.

(b) ESTABLISHMENT
ESTABLISHMENT — There is established in the State the Mississippi Delta National Heritage Area.
BOUNDARIES — The Heritage Area shall include all counties in the State that contain land located in the alluvial floodplain of the Mississippi Delta,
including Bolivar, Carroll, Coahoma, Desoto, Holmes, Humphreys, Issaquena, Leflore, Panola, Quitman, Sharkey, Sunflower, Tallahatchie, Tate,
Tunica, Warren, Washington, and Yazoo Counties in the State, as depicted on the map.
AVAILABILITY OF MAP — The map shall be on file and available for public inspection in the office of the Director of the National Park Service.
LOCAL COORDINATING ENTITY —
DESIGNATION — The Mississippi Delta National Heritage Area Partnership shall be the local coordinating entity for the Heritage Area.
BOARD OF DIRECTORS — COMPOSITION — IN GENERAL — The local coordinating entity shall be governed by a Board of Directors
composed of 15 members, of whom —
1 member shall be appointed by Delta State University;
1 member shall be appointed by Mississippi Valley State University;
1 member shall be appointed by Alcorn State University;
1 member shall be appointed by the Delta Foundation;
1 member shall be appointed by the Smith Robertson Museum;
1 member shall be appointed from the office of the Governor of the State;
1 member shall be appointed by Delta Council;
1 member shall be appointed from the Mississippi Arts Commission;
1 member shall be appointed from the Mississippi Department of Archives and History;
1 member shall be appointed from the Mississippi Humanities Council;
Up to 5 additional members shall be appointed for staggered 1- and 2-year terms by County boards in the Heritage Area.
RESIDENCY REQUIREMENTS — At least 7 members of the Board shall reside in the Heritage Area.
OFFICERS — IN GENERAL — At the initial meeting of the Board, the members of the Board shall appoint a Chairperson, Vice Chairperson,
and Secretary / Treasurer.
DUTIES —
CHAIRPERSON — The duties of the Chairperson shall include presiding over meetings of the Board; executing documents of the Board;
and coordinating activities of the Heritage Area with Federal, State, local, and nongovernmental officials.
VICE CHAIRPERSON — The Vice Chairperson shall act as Chairperson in the absence or disability of the Chairperson.

(c) MANAGEMENT AUTHORITY — IN GENERAL — The Board shall —
i. exercise all corporate powers of the local coordinating entity;
ii. manage the activities and affairs of the local coordinating entity; and
iii. be subject to any limitations in the articles and bylaws of the local coordinating entity, this section, and any other applicable Federal or State law, establish the policies of the local coordinating entity.

(d) STAFF — The Board shall have the authority to employ any services and staff that are determined to be necessary by a majority vote of the Board.

(e) BYLAWS — IN GENERAL — The Board may amend or repeal the bylaws of the local coordinating entity at any meeting of the Board by a
majority vote of the Board.

(f) NOTICE — The Board shall provide notice of any meeting of the Board at which an amendment to the bylaws is to be considered that includes the text or a summary of the proposed amendment.

(g) MINUTES — Not later than 60 days after a meeting of the Board, the Board shall distribute the minutes of the meeting among all Board members and the county supervisors in each county within the Heritage Area.

(h) DUTIES AND AUTHORITIES OF LOCAL COORDINATING ENTITY — To further the purposes of the Heritage Area, the local coordinating
entity shall —
i. prepare, and submit to the Secretary, in accordance with subsection (d), a management plan for the Heritage Area;
ii. assist units of local government, regional planning organizations, and nonprofit organizations in implementing the approved management plan by —
a) carrying out programs and projects that recognize, protect, and enhance important resource values within the Heritage Area;
b) establishing and maintaining interpretive exhibits and programs within the Heritage Area;
c) developing recreational and educational opportunities in the Heritage Area;
d) increasing public awareness of, and appreciation for, natural, historic, scenic, and cultural resources of the Heritage Area;
e) protecting and restoring historic sites and buildings in the Heritage Area that are consistent with the themes of the Heritage Area;
f) ensuring that signs identifying points of public access and sites of interest are posted throughout the Heritage Area; and H. R. 146 —
g) promoting a wide range of partnerships among governments, organizations, and individuals to further the purposes of the Heritage Area;
h) consider the interests of diverse units of government, businesses, organizations, and individuals in the Heritage Area in the preparation and implementation of the management plan;
i) conduct meetings open to the public at least semiannually regarding the development and implementation of the management plan;
j) submit an annual report to the Secretary for each fiscal year for which the local coordinating entity receives Federal funds under this
section specifying —
i. the accomplishments of the local coordinating entity;
ii. the expenses and income of the local coordinating entity;
iii. the amounts and sources of matching funds;
iv. the amounts leveraged with Federal funds and sources of the leveraged funds; and
v. grants made to any other entities during the fiscal year;
k) make available for audit for each fiscal year for which the local coordinating entity receives Federal funds under this section, all information
pertaining to the expenditure of the funds and any matching funds;
l) require in all agreements authorizing expenditures of Federal funds by other organizations, that the receiving organizations make available
for audit all records and other information pertaining to the expenditure of the funds; and
m) encourage, by appropriate means, economic development that is consistent with the purposes of the Heritage Area.

(i) AUTHORITIES — The local coordinating entity may, subject to the prior approval of the Secretary, for the purposes of preparing and implementing
the management plan, use Federal funds made available under this section to:
i. make grants to the State, political subdivisions of the State, nonprofit organizations, and other persons;
ii. enter into cooperative agreements with, or provide technical assistance to, the State, political subdivisions of the State, nonprofit organizations,
Federal agencies, and other interested parties;
iii. hire and compensate staff;
iv. obtain funds or services from any source, including funds and services provided under any other Federal law or program;
v. contract for goods or services; and
vi. support activities of partners and any other activities that further the purposes of the Heritage Area and are consistent with the approved management plan.

(j) PROHIBITION ON ACQUISITION OF REAL PROPERTY — The local coordinating entity may not use Federal funds received under this
section to acquire any interest in real property.

(k) MANAGEMENT PLAN — H. R. 146—281
i. IN GENERAL — Not later than three years after the date on which funds are made available to develop the management plan, the local
coordinating entity shall submit to the Secretary for approval a proposed management plan for the Heritage Area.
ii. REQUIREMENTS — The management plan for the Heritage Area shall —
a) describe comprehensive policies, goals, strategies, and recommendations for telling the story of the heritage of the region and encouraging
long-term resource protection, enhancement, interpretation, funding, management, and development of the Heritage Area;
b) take into consideration existing State, county, and local plans in the development and implementation of the management plan;
c) include a description of actions and commitments that governments, private organizations, and citizens plan to take to protect, enhance,
and interpret the cultural, historical, archaeological, natural, and recreational resources of the Heritage Area;
d) specify existing and potential sources of funding or economic development strategies to protect, enhance, interpret, fund, manage, and develop
the Heritage Area;
e) include an inventory of the cultural, historical, archaeological, natural, and recreational resources of the Heritage Area relating to the stories and
themes of the region that should be protected, enhanced, managed, or developed;
f) recommend policies and strategies for resource management including, the development of intergovernmental and interagency agreements to
protect the natural, historic, cultural, educational, scenic, and recreational resources of the Heritage Area;
g) describe a program for implementation of the management plan, including–
• performance goals;
• plans for resource protection, enhancement, and interpretation; and
• specific commitments for implementation that have been made by the local coordinating entity or any government, organization, business,
or individual;
h) include an analysis of, and recommendations for, ways in which Federal, State, tribal, and local programs may best be coordinated (including
the role of the National Park Service and other Federal agencies associated with the Heritage Area) to further the purposes of this section;
i) include an interpretive plan for the Heritage Area; and
j) include a business plan that–
• describes the role, operation, financing, and functions of the local coordinating entity and of each of the major activities described in
the management plan; and
• 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 Area.
H. R. 146 — 282
(k) TERMINATION OF FUNDING — If the management plan is not submitted to the Secretary in accordance with this subsection, the local
coordinating entity shall not qualify for additional financial assistance under this section until the management plan is submitted to, and approved by, the Secretary.

(l) APPROVAL OF MANAGEMENT PLAN —
i. REVIEW — Not later than 180 days after the date on which the Secretary receives the management plan, the Secretary shall approve or
disapprove the management plan.
ii. CONSULTATION REQUIRED — The Secretary shall consult with the Governor of the State and any tribal government in which the
Heritage Area is located before approving the management plan.
iii. CRITERIA FOR APPROVAL — In determining whether to approve the management plan, the Secretary shall consider whether —
a) the local coordinating entity represents the diverse interests of the Heritage Area, including governments, natural and historic resource protection organizations, educational institutions, businesses, community residents, and recreational organizations;
b) the local coordinating entity has afforded adequate opportunity for public and governmental involvement (including through workshops and
public meetings) in the preparation of the management plan;
c) the resource protection and interpretation strategies described in the management plan, if implemented, would adequately protect the cultural, historical, archaeological, natural, and recreational resources of the Heritage Area;
d) the management plan would not adversely affect any activities authorized on Federal or tribal land under applicable laws or land use plans
e) the Secretary has received adequate assurances from the appropriate State, tribal, and local officials whose support is needed to ensure the effective implementation of the State, tribal, and local aspects of the management plan; and
f) the local coordinating entity has demonstrated the financial capability, in partnership with others, to carry out the management plan.

(m) ACTION FOLLOWING DISAPPROVAL —
i. IN GENERAL — If the Secretary disapproves the management plan, the Secretary —
a) shall advise the local coordinating entity in writing of the reasons for the disapproval; and
b) may make recommendations to the local coordinating entity for revisions to the management plan.

(n) DEADLINE — Not later than 180 days after receiving a revised management plan, the Secretary shall approve or disapprove the revised
management plan.

(o) AMENDMENTS —
i. IN GENERAL — An amendment to the management plan that substantially alters the purposes of H. R. 146—283 the Heritage Area shall be
reviewed by the Secretary and approved or disapproved in the same manner as the original management plan.
ii. IMPLEMENTATION — The local coordinating entity shall not use Federal funds authorized to be appropriated by this section to implement an amendment to the management plan until the Secretary approves the amendment.

(p) DUTIES AND AUTHORITIES OF THE SECRETARY —
i. TECHNICAL AND FINANCIAL ASSISTANCE —
a) IN GENERAL — On the request of the local coordinating entity, the Secretary may provide technical and financial assistance, on a
reimbursable or nonreimbursable basis (as determined by the Secretary), to the local coordinating entity to develop and implement
the management plan.
b) COOPERATIVE AGREEMENTS — The Secretary may enter into cooperative agreements with the local coordinating entity and other
public or private entities to provide technical or financial assistance under subparagraph (A).
c) PRIORITY — In assisting the Heritage Area, the Secretary shall give priority to actions that assist in:
• conserving the significant cultural, historical, archaeological, natural, and recreational resources of the Heritage Area; and
• providing educational, interpretive, and recreational opportunities consistent with the purposes of the Heritage Area.

(q) PROHIBITION OF CERTAIN REQUIREMENTS — The Secretary may not, as a condition of the provision of technical or financial assistance
under this subsection, require any recipient of the assistance to impose or modify any land use restriction or zoning ordinance.

(r) EVALUATION; REPORT —
a) IN GENERAL — Not later than 3 years before the date on which authority for Federal funding terminates for the Heritage Area under subsection
(i), the Secretary shall —
i. conduct an evaluation of the accomplishments of the Heritage Area; and
ii. prepare a report with recommendations for the future role of the National Park Service, if any, with respect to the Heritage Area, in accordance with subparagraph (C).
b) EVALUATION — An evaluation conducted under subparagraph (A)(i) shall assess the progress of the local coordinating entity with respect to —
i. accomplishing the purposes of this section for the Heritage Area; and
ii. achieving the goals and objectives of the approved management plan for the Heritage Area;
iii. analyze the Federal, State, local, and private investments in the Heritage Area to determine the leverage and impact of the investments; and
iv. review the management structure, partnership relationships, and funding of the Heritage Area for H. R. 146—284 purposes of identifying
the critical components for sustainability of the Heritage Area.

(s) REPORT —
a) IN GENERAL — Based on the evaluation conducted under subparagraph (A)(i), the Secretary shall prepare a report that includes
recommendations for the future role of the National Park Service, if any, with respect to the Heritage Area.
b) REQUIRED ANALYSIS — If the report prepared under this subparagraph recommends that Federal funding for the Heritage Area be
reauthorized, the report shall include an analysis of —
i. ways in which Federal funding for the Heritage Area may be reduced or eliminated; and
ii. the appropriate time period necessary to achieve the recommended reduction or elimination.
c) SUBMISSION TO CONGRESS — On completion of a report under this subparagraph, the Secretary shall submit the report to the Committee
on Energy and Natural Resources of the Senate; and the Committee on Natural Resources of the House of Representatives.

(t) RELATIONSHIP TO OTHER FEDERAL AGENCIES —
a) IN GENERAL — Nothing in this section affects the authority of a Federal agency to provide technical or financial assistance under any other law.
b) CONSULTATION AND COORDINATION — To the maximum extent practicable, 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 entity.
c) OTHER FEDERAL AGENCIES — Nothing in this section:
i. modifies, alters, or amends any laws (including regulations) authorizing a Federal agency to manage Federal land under the jurisdiction
of the Federal agency;
ii. limits the discretion of a Federal land manager to implement an approved land use plan within the boundaries of the Heritage Area; or
iii. modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal agency.

(u) PROPERTY OWNERS AND REGULATORY PROTECTIONS — Nothing in this section:
a) abridges the rights of any owner of public or private property, including the right to refrain from participating in any plan, project, program, or activity
conducted within the Heritage Area;
b) requires any property owner to:
i. permit public access (including Federal, tribal, State, or local government access) to the property; or
ii. modify any provisions of Federal, tribal, State, or local law with regard to public access or use of private land;
c) alters any duly adopted land use regulations, approved land use plan, or any other regulatory authority of any Federal, State, or local agency, or tribal government; H. R. 146—285
d) conveys any land use or other regulatory authority to the local coordinating entity;
e) authorizes or implies the reservation or appropriation of water or water rights;
f) diminishes the authority of the State to manage fish and wildlife, including the regulation of fishing and hunting within the Heritage Area;
g) creates any liability, or affects any liability under any other law, of any private property owner with respect to any person injured on the private property;
h) restricts an Indian tribe from protecting cultural or religious sites on tribal land; or
i) diminishes the trust responsibilities of government-to government obligations of the United States of any federally recognized Indian tribe.

(v) AUTHORIZATION OF APPROPRIATIONS —
a) IN GENERAL — There is authorized to be appropriated to carry out this section $10,000,000, of which not more than $1,000,000 may be
made available for any fiscal year.
b) COST-SHARING REQUIREMENT — IN GENERAL — The Federal share of the total cost of any activity under this section shall be not
more than 50 percent.
c) FORM — The non-Federal contribution —
i. shall be from non-Federal sources; and
ii. may be in the form of in-kind contributions of goods or services fairly valued.
(w) TERMINATION OF FINANCIAL ASSISTANCE — The authority of the Secretary to provide financial assistance under this section terminates
on the date that is 15 years after the date of enactment.