Gullah/Geechee Cultural Heritage

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Gullah/Geechee Cultural Heritage

GULLAH/GEECHEE CULTURAL HERITAGE ACT Mr. JONES of North Carolina. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 694) to enhance the preservation and interpretation of the Gullah/Geechee cultural heritage, and for other purposes, as amended. The Clerk read as follows:

H.R. 694

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, Georgia, North Carolina, and Florida;

(2) assist State and local governments and public and

private entities in South Carolina, Georgia, North Carolina,

and Florida 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

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 the ``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 15

members appointed by the Secretary as follows:

(1) Four individuals nominated by the State Historic

Preservation Officer of South Carolina and two individuals

each nominated by the State Historic Preservation Officer of

each of Georgia, North Carolina, and Florida and appointed by

the Secretary.

(2) Two individuals from South Carolina and one individual

from each of Georgia, North Carolina, and Florida who are

recognized experts in historic preservation, anthropology,

and folklore, appointed by the Secretary.

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) carrying 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;

in the Heritage Corridor; [[Page H1384]]

(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, North Carolina, Florida,

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.

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

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 therefor 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.

(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 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, December 2003,

and additional appropriate sites.

SEC. 11. PRIVATE PROPERTY PROTECTION.

(a) Access to Private Property.--Nothing in this Act shall

be construed to require any private property owner to permit

public access (including Federal, State, or local government

access) to such private property. Nothing in this Act shall

be construed to modify any provision of Federal, State, or

local law with regard to public access to or use of private

lands.

(b) Liability.--Designation of the Heritage Corridor shall

not be considered to create any liability, or to have any

effect on any liability under any other law, of any private

property owner with respect to any persons injured on such

private property.

in this Act shall be construed to modify any authority of

Federal, State, or local governments to regulate land use.

(d) Participation of Private Property Owners in Heritage

Corridor.--Nothing in this Act shall be construed to require

the owner of any private property located within the

boundaries of the Heritage Corridor to participate in or be

associated with the Heritage Corridor.

(e) Effect of Establishment.--The boundaries designated for

the Heritage Corridor represent the area within which Federal

funds appropriated for the purpose of this Act shall be

expended. The establishment of the Heritage Corridor and its

boundaries shall not be construed to provide any nonexisting

regulatory authority on land use within the Heritage Corridor

or its viewshed by the Secretary or the management entity. [[Page H1385]]

(f) Notification and Consent of Property Owners Required.--

No privately owned property shall be preserved, conserved, or

promoted by the management plan for the Heritage Corridor

until the owner of that private property has been notified in

writing by the management entity and has given written

consent for such preservation, conservation, or promotion to

the management entity.

(g) Landowner Withdrawal.--Any owner of private property

included within the boundary of the Heritage Corridor shall

have their property immediately removed from within the

boundary by submitting a written request to the management

entity.

SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

(a) In General.--There is authorized to be appropriated for

the purposes of this Act not more than $1,000,000 for any

fiscal year. Not more than a total of $10,000,000 may be

appropriated for the Heritage Corridor under this Act.

(b) Cost Share.--Federal funding provided under this Act

may not exceed 50 percent of the total cost of any activity

for which assistance is provided under this Act.

kind contributions as part of the non-Federal cost share of

any activity for which assistance is provided under this Act.

SEC. 13. TERMINATION OF AUTHORITY.

The authority of the Secretary to provide assistance under

this Act shall terminate on the day occurring 15 years after

the date of the enactment of this Act. The SPEAKER pro tempore. Pursuant to the rule, the gentleman from North Carolina (Mr. Jones) and the gentlewoman from the Virgin Islands (Mrs. Christensen) each will control 20 minutes. The Chair recognizes the gentleman from North Carolina (Mr. Jones).

General Leave Mr. JONES of North Carolina. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days within which to revise and extend their remarks and include extraneous material on H.R. 694. The SPEAKER pro tempore. Is there objection to the request of the gentleman from North Carolina? There was no objection. Mr. JONES of North Carolina. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, H.R. 694, introduced by the gentleman from South Carolina (Mr. Clyburn) and amended by the Committee on Resources, would establish the Gullah/Geechee Cultural Heritage Corridor, comprised of lands and waters important to preserving this unique culture in parts of South Carolina and Georgia. By way of background, throughout the early 1800s the Gullah/Geechee settled in the coastal counties of South Carolina, Georgia, and Northern Florida, and due largely to their isolated locations have remarkably maintained a great deal of their West African heritage. This bill would assist State and local governments with preserving and interpreting the story of Gullah/Geechee culture and its wonderful folklore, arts, crafts, and music. H.R. 694, as amended, supports legislation that was supported by the majority and minority as passed the House of Representatives by voice vote during the 108th Congress. The committee amendment simply adds the correct map number and date to the bill. Mr. Speaker, I urge adoption of the bill. Mr. Speaker, I reserve the balance of my time. Mrs. CHRISTENSEN. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, the majority has explained the purpose of H.R. 694, but it is truly fitting that we are proceeding with this legislation. The Gullah/Geechee culture is unique. These proud people trace their ancestry to enslaved Africans who were forced to live and work along the coastal areas covered by the legislation. Because of the isolation of these coastal lands and islands, African Americans in these areas developed a distinct language as well as unique arts, crafts, music, and religious customs. It is a living culture that continues to evolve today and is definitely one that should be preserved and celebrated. I have had the opportunity in traveling to Charleston, South Carolina, with the distinguished gentleman from South Carolina (Mr. Clyburn), to whom I will yield shortly, to sample some of that culture and the food as well.

{time} 1445 Mr. Speaker, I want to commend my colleague and friend, the gentleman from South Carolina (Mr. Clyburn), for his work on developing this important legislative initiative. The gentleman from West Virginia (Mr. Rahall), our ranking member on the Committee on Resources, joins me in congratulating the gentleman from South Carolina (Mr. Clyburn) for his effort, and we strongly support H.R. 694 and urge its passage before the House today. Mr. Speaker, I yield such time as he might consume to the gentleman from South Carolina (Mr. Clyburn), the distinguished vice-chair of the Democratic Caucus. Mr. CLYBURN. Mr. Speaker, I thank the gentlewoman very much for yielding me the time. I want to thank her for her good work on the subcommittee on this legislation. I want to thank the majority side for their unique understanding of a unique slice of the American culture. My colleagues may recall, Mr. Speaker, that we passed this legislation last year unanimously. It also passed in the other body, but time ran out before we could reconcile the differences that were in the two bills. I want to point out today, for those people who may be listening, that this time around we did move to incorporate all of the aspects of the study conducted by the National Park Service. Last year, we only recognized South Carolina and Georgia in the legislation. In this legislation, however, we have moved to bring Florida and North Carolina into the corridor, and that gives it the credibility that a lot of mail I got indicated was lacking the last time around. I want to just point out that I do not believe there is anyone who has ever traveled to Charleston, South Carolina, or to Beaufort County, South Carolina, or to the Jacksonville area of North Carolina or the Jacksonville area of Florida who have not encountered some unique aspects of this culture. One need only walk the streets of Charleston and see the art of basket weaving, the sweet grass baskets that are made there, all coming out of this culture. One of the reasons we thought it necessary to move quickly, as the National Park Service urged us to do, was because just that unique craft itself is beginning to dissipate, if not disappear, simply because of the sweet grass that is needed in order to make those baskets is fast disappearing, and we want to do what is necessary to preserve and protect that art and the culture that goes along with it. I just want to point out, Mr. Speaker, that the communities that are identified along this corridor, many of them in years past were dependent upon textiles and tobacco as a large part of their economy. We all know going forward that that is not going to be a significant part of their future, but we also know that tourism is growing at 6 percent a year. Heritage tourism is growing around 30 percent a year, and we do believe that these communities, with the culture that is indigenous to the area, will benefit greatly from this legislation and bring them into the mainstream of activity of South Carolina's coast, Georgia's coast, Florida and North Carolina going forward. So I want to thank the Members of this body for the work last year, thank the committee for bringing this bill to the floor so quickly this year, and I am hopeful that my colleagues will give us a favorable vote on it today. Ms. JACKSON-LEE of Texas. Mr. Speaker, I rise as a strong supporter of H.R. 694, a bill that acknowledges the significant contributions made to American culture and history by outstanding African Americans known as the Gullah/Geechee. The legislation will assist State and local governments and public and private entities in South Carolina, Georgia, North Carolina and Florida to institute programs that facilitate the interpretation of the story of the Gullah/Geechee and preserving their legends, arts, crafts, and music. It will aid in identifying and preserving sites, historical data, artifacts, and objects associated with the Gullah/Geechee for the benefit and education of the public. Mr. Speaker, I understand the history of these people. These individuals have a tremendously rich history and culture that has roots in the transportation of African slaves to the Sea Islands of South Carolina, Georgia and Florida. The Sea Islands served as an excellent location for the Gullah culture because of its separation from the mainland. The slaves who came from various regions in Africa brought many gifts such as a distinctive [[Page H1386]] language, culture and traditions. Collectively these traditions and languages have merged into one to from Gullah. The Gullah culture has survived over the years by Gullah elders passing down the language and traditions to their children. However, over the past 50 years the Gullah culture has started to die. Three significant factors are the development of resorts along the Sea Islands, the movement of Gullah descendants to larger cities, in search of employment and the education of Gullah descendants. The later of the factors has severely damaged the Gullah culture. As the Gullah people are becoming educated, they are taught that it is no longer acceptable to speak ``broken-English.'' However, the Gullah language is more than just ``broken-English.'' It is an art form that serves as the link between Africans and African- Americans today. This magnificent bill will pay tribute to these great African Americans who settled in our coastal counties. The act will establish the Heritage Corridor that consists of lands and waters normally illustrated on a map as the Gullah/Geechee Cultural Heritage Corridor; the map will be on file and available for public inspection in the appropriate offices of the National Park Service and in the correct State office of each State listed in the Heritage Corridor. This marvelous legislation will create the Gullah/Geechee Cultural Heritage Corridor Commission. The commission will help Federal, State, and local authorities in the development and implementation of a management plan for those areas listed as part of the Heritage Corridor. Therefore, I ask my colleagues to join me and support these honorable African Americans for their contributions to this great country. Mrs. CHRISTENSEN. Mr. Speaker, having no further speakers, I yield back the balance of my time. Mr. JONES of North Carolina. Mr. Speaker, I have no additional speakers, and I yield back the balance of my time. The SPEAKER pro tempore (Mr. Petri). The question is on the motion offered by the gentleman from North Carolina (Mr. Jones) that the House suspend the rules and pass the bill, H.R. 694, as amended. The question was taken; and (two-thirds having voted in favor thereof) the rules were suspended and the bill, as amended, was passed. A motion to reconsider was laid on the table.