Here's the U.S. Patent and Trademark Office (USPTO) listing twelve (12) registered trademarks:
This legislation is no substitute for a St. Augustine National Historical Park and National Seashore, first proposed by Mayor Walter Frayser in 1939 and introduced in Congress that year by both Florida Senators and our local Congressman.
Here's the special interest legislation introduced by three Northeast Florida Congressmen, and the accompanying news articles, including a page one St. Augustine Record story:
116th CONGRESS
1st Session |
H.R. 4542
To establish the Nation’s Oldest Port National Heritage Area in the State of Florida, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
September 27, 2019
Mr. Rutherford (for himself, Mr. Waltz, and Mr. Lawson of Florida) introduced the following bill; 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 Florida, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
This Act may be cited as the “Nation’s Oldest Port National Heritage Area Act”.
Congress finds the following:
(1) The Nation’s Oldest Port region of northeast Florida holds a mosaic of cultures and maritime heritage that includes Native Americans, whose heritage reaches back some 9,000 years, and the descendants of European and American explorers and settlers, who shaped the region, its land, customs, and traditions from 1513 to the present day and have made indelible contributions to American and World history.
(2) The Nation’s Oldest Port region expresses a combination of cultures, maritime heritage, Atlantic and World history, cultural diversity, traditions, arts, architecture, transportation corridors, and coastal and ocean resources that makes this geographic area a unique and distinctive coastal landscape in the United States.
(3) The area contains the Nation’s Oldest Port, and a series of interconnected waterways that include the St. Mary’s River, the St. Johns River, Tolomato and Matanzas Rivers, Pellicer Creek watershed, and the numerous diverse and spectacular historic, cultural, natural, scenic and recreational resources, including the designated national treasures of Timucuan Ecological and Historical Preserve, Guana Tolomato Matanzas National Estuarine Research Reserve, the Castillo de San Marcos National Monument, and Fort Matanzas National Monument.
(4) There is broad support expressed as resolutions, letters, and in public meetings from local governments, State parks, and many local planning and community groups, chambers of commerce, business associations, museums, historical societies and associations, nature conservation groups, agricultural interests, private property owners, and other interested individuals to establish a National Heritage Area to coordinate and to assist in the preservation, interpretation, promotion, and enjoyment of these resources.
(5) Establishment of a National Heritage Area in northeast Florida would assist local communities, residents, and property owners in preserving these unique and nationally distinctive cultural, historical, and natural resources.
As used in this Act:
(1) HERITAGE AREA.—The term “heritage area” means the Nation’s Oldest Port National Heritage Area.
(2) SECRETARY.—The term “Secretary” means the Secretary of the Interior.
(3) COORDINATING ENTITY.—The term “coordinating entity” means the Nation’s Oldest Port Heritage Area Alliance, Inc.
(a) Establishment.—There is hereby established the Nation’s Oldest Port National Heritage Area in the State of Florida.
(b) Boundaries.—The heritage area shall include natural watersheds in Nassau, Duval, St. Johns, and Flagler counties, Florida, as depicted on the map, entitled “Nation’s Oldest Port National Heritage Area,” numbered __ and dated __.
(1) IN GENERAL.—The Nation’s Oldest Port Heritage Area Alliance, Inc., a nonprofit organization which is exempt from taxation under section 501(c)(3) of the Internal Revenue Code of 1986, chartered in the State of Florida, shall serve as the coordinating entity for the heritage area.
(A) selected in accordance with the bylaws of the coordinating entity, which have been approved by the heritage area working group; and
(B) responsible for planning, fundraising, staff oversight, and final selection of projects and programs supported by the heritage area.
(A) advise and assist the board of directors of the coordinating entity;
(B) represent a broad range of local interests, such as municipalities, culture, arts, architecture, agriculture, archaeology, historic preservation, maritime heritage, nature conservation, education, parks, outdoor recreation, tourism, economic development, lodging, restaurants, transportation, private landowners, and water quality;
(C) review and suggest projects and programs for funding and other assistance from the heritage area; and
(D) identify potential partnerships between the heritage area and government agencies, nonprofits, the private sector, and other local stakeholders to help achieve long-term goals.
(d) Authorities Of Local Coordinating Entity.—The local coordinating entity may, for purposes of preparing and implementing the management plan—
(1) prepare reports, studies, interpretive exhibits and programs, historic preservation projects, and other activities recommended in the management plan for the Heritage Area;
(2) make grants to the State, political subdivisions of the State, nonprofit organizations, and other persons;
(3) enter into cooperative agreements with the State, political subdivisions of the State, nonprofit organizations, and other organizations;
(4) hire and compensate staff;
(5) obtain funds or services from any source, including funds and services provided under any Federal program or law, 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 50 percent; and
(6) contract for goods and services.
(1) REQUIREMENT FOR PLAN.—Not later than 3 years after the date on which funds are first made available to carry out this Act, the coordinating entity shall develop and forward to the Secretary a management plan for the heritage area. The management plan shall, at a minimum—
(A) provide recommendations for the conservation, funding, management, and development of the resources of the heritage area;
(B) identify sources of funding for the heritage area;
(C) include an inventory of the cultural, historical, archaeological, natural, and recreational resources of the heritage area;
(D) provide recommendations for educational and interpretive programs to inform the public about the resources of the heritage area; and
(E) include an analysis of ways in which local, State, Federal, and tribal programs may best be coordinated to promote the purposes of this Act.
(2) FISCAL AGENT.—The St. Augustine Lighthouse and Museum has been designated as the fiscal agent for the heritage area. As such, the St. Augustine Lighthouse and Museum shall receive 10 percent of funding received by the heritage area for the initial 5 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 area.
(3) 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 plan.
(4) EFFECT OF NONCOMPLIANCE.—If the coordinating entity fails to submit a management plan to the Secretary as required by paragraph (1), 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 Secretary.
(5) TIMELINE FOR APPROVAL OF PLAN.—The Secretary shall approve or disapprove the management plan not later than 180 days after the date of its submission. If the Secretary disapproves the management plan, the Secretary shall advise the coordinating entity in writing of the reasons therefore and shall make recommendations for revisions to the plan.
(6) 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 plan. Any major revisions to the management plan must be approved by the Secretary.
(7) APPROVAL OF REVISIONS.—The Secretary shall review and approve or disapprove substantial amendments to the management plan in accordance with paragraph (5).
(b) Authority To Provide Assistance.—The coordinating entity may make grants and provide technical assistance to local governments, and other public and private entities to carry out the management plan.
(1) give priority in implementing actions set forth in the management plan;
(2) coordinate with Tribal and local governments to better enable them to adopt policies consistent with the goals of the management plan;
(3) encourage, by appropriate means, economic viability in the heritage area consistent with the goals of the management plan; and
(A) establishing and maintaining interpretive exhibits in the heritage area;
(B) developing outdoor recreational resources in the heritage area;
(C) increasing public awareness of, and appreciation for, the natural, cultural, historical, archaeological, scenic, and outdoor recreational resources and sites in the heritage area;
(D) the preservation and rehabilitation of historic structures, archaeological sites, and natural resources related to the heritage area;
(E) promoting cultural, traditional, and nature-themed events and attractions in the heritage area; and
(F) carrying out other actions that the coordinating entity determines appropriate to fulfill the purposes of this Act, consistent with the management plan.
(d) 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 property.
(e) Public Meetings.—The coordinating entity shall hold public meetings at least annually regarding the implementation of the management plan.
(1) ANNUAL REPORTS.—For any year in which the management entity receives Federal funds under this Act, the coordinating entity shall submit an annual report to the Secretary setting forth accomplishments, expenses and income, and each entity to which any grant was made by the management entity.
(2) AUDIT.—The management entity shall make available to the Secretary for audit all records relating to the expenditure of Federal funds and any matching funds. The management entity shall also require, for all agreements authorizing expenditure of Federal funds by other organizations, that the receiving organization make available to the Secretary for audit all records concerning the expenditure of those funds.
(a) Technical And Financial Assistance.—The Secretary may, upon request of the coordinating entity, provide technical and financial assistance to develop and implement the management plan.
(b) Priority.—In providing assistance under subsection (a), the Secretary shall give priority to actions that facilitate—
(1) the conservation and promotion of the significant natural, cultural, historical, archaeological, scenic, and outdoor recreational resources of the heritage area; and
(2) the provision of educational, interpretive, and recreational opportunities consistent with the resources and associated values of the heritage area.
(1) require any private property owner to permit public access, including Federal, State, or local government access, to such private property; or
(2) 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 area 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.
(c) Recognition Of Authority To Control Land Use.—Nothing in this Act shall be construed to modify, enlarge, or diminish any authority of Federal, State, Tribal, or local governments to regulate land use.
(d) Trust Responsibilities.—Nothing in this Act shall diminish the Federal Government’s trust responsibilities or government-to-government obligations to a federally recognized Indian Tribe.
(e) Tribal Lands.—Nothing in this Act shall restrict or limit a federally recognized Indian Tribe from protecting cultural or religious sites on tribal lands.
(f) 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 area.
(g) 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 expended. 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 entity.
(h) Notification And Consent Of Property Owners Required.—No privately owned property shall be preserved, conserved, 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 preservation, conservation, or promotion to the coordinating entity.
(i) 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 entity.
The authority of the Secretary to provide assistance under this Act terminates on the date that is 15 years after the date of the enactment of this Act.
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Congressmen John Rutherford and Michael Waltz stopped by the St. Augustine Lighthouse & Maritime Museum on Monday to tout a bill that could help St. Johns County preserve its history and natural resources.
Both men support the creation of the Nation’s Oldest Port National Heritage Area, which would include “natural watersheds in Nassau, Duval, St. Johns and Flagler counties,” according to the bill, H.R. 4542. The legislation would open the door for federal funding for a wide-range of projects in the region.
Congress has designated around 50 National Heritage Areas, according to a document provided at Monday’s event. The areas are designated for their “distinctive landscape” related to history, natural resources and culture.
Reading a portion of the bill, Rutherford said, “The Nation’s Oldest Port region of Northeast Florida holds a mosaic of cultures and maritime heritage that includes Native Americans, whose heritage reaches back some 9,000 years, and the descendants of European and American explorers and settlers.”
Within the first 15 years of designation, the National Heritage Area can receive up to $10 million in federal matching grants, according to information provided Monday. The bill says federal funds can’t exceed more than 50% of any project.
The funding also can’t be used to buy property, Rutherford said. But it can be used for many types of projects.
“Anything to tell the story about the cultural and maritime history of Northeast Florida,” he said.
According to information provided at the event, National Heritage Areas have supported small business development, murals, festivals, performances, radio and TV programs, the creation and maintenance of recreational trails; brochures, maps and other educational materials; cleanup and restoration of natural resources, website development, books about regional history; renovation or stabilization of historic sites; public exhibits, workshops, student history projects and architectural studies.
The National Heritage Area designation doesn’t change any land ownership or private property rights, Rutherford said.
The Nation’s Oldest Port National Heritage Area project is one way to promote preservation of the region’s historical resources in the face of population growth in Florida, Waltz said.
“I think our mission and our job is to assure we continue that growth — that’s a great thing, but we do it in a way that preserves our environment ... and preserves our history in a way that future generations can enjoy what we remember growing up with,” Waltz said.
The designation would broaden educational opportunities, lighthouse Executive Director Kathy Fleming said.
“When you have an area like this that’s growing and a bunch of people are moving in from outside the area, it’s really great for teaching them about what’s special about the region and why they should be interested in preserving ... so it doesn’t become this conglomerate that loses touch with who it is,” she said.
The National Park Service provides technical assistance and advice for National Heritage Areas, but they are mostly controlled through local nonprofits.
In addition to creating the area, the bill designates the Nation’s Oldest Port Heritage Area Alliance as the nonprofit in charge of the heritage area. It allows a few years for the nonprofit to create a management plan for the heritage area.
The St. Augustine Lighthouse & Museum would be the fiscal agent for the heritage area and would get 10% of the funding for the area in the first five years of its existence “to partially offset costs incurred by the St Augustine Lighthouse and Museum during the formation of the heritage area,” according to the bill.
The museum provided about $600,000 in cash and in-kind support for a feasibility study about the designation, according to a document provided Monday.
The lighthouse is ready to provide financial and staff support to get the nonprofit rolling, Fleming said. But the idea is that the nonprofit, which will be a separate entity from the lighthouse, will be sustainable on its own in five years.
The effort to create a National Heritage Area here evolved from a meeting of St. Augustine Lighthouse officials and U.S. Sen. Mel Martinez in 2007, according to an excerpt from the feasibility study.
“What was originally going to be centered in the St. Augustine area expanded down into Flagler County and upward to Jacksonville and Amelia Island when everyone realized, one cannot tell the story of America’s oldest maritime region without talking about Jacksonville or Fernandina Beach or Flagler County,” according to the study.
The study says that the region contains “literally thousands of cultural resource sites, historic homes, arts organizations, natural species, recreational opportunities and scenic vistas.”
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