109th CONGRESS
2d Session
H. R. 6287
To establish criteria for and to create a National Heritage Areas
System in the United States.
IN THE HOUSE OF REPRESENTATIVES
September 29, 2006
Mr. HEFLEY (for himself and Mrs. JOHNSON of Connecticut) introduced the
following bill; which was referred to the Committee on Resources
A BILL
To establish criteria for and to create a National Heritage Areas
System in the United States.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title- This Act may be cited as the `National Heritage Areas Partnership
Act'.
(b) Table of Contents- The table of contents of this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
Sec. 4. National heritage areas system.
Sec. 5. Feasibility studies.
Sec. 7. Management plans.
Sec. 8. Local coordinating entities.
Sec. 9. Relationship to other federal agencies.
Sec. 10. Property owners and regulatory protections.
Sec. 11. Partnership support.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings- The Congress finds the following:
(1) Certain areas of the United States tell nationally important stories;
they illustrate significant aspects of our heritage; possess exceptional
natural, cultural, scenic, and historic resources; and represent the diversity
of our national character.
(2) In these areas, the interaction of natural processes, geography, history,
cultural traditions, and economic and social forces form distinctive landscapes
that should be recognized, protected, enhanced, and interpreted to improve
the quality of life in the regions and to provide opportunities for public
appreciation, education, enjoyment, and economic sustainability.
(3) Local initiatives based on community and regional visions, involving
public/private partnerships, are critical to protecting, enhancing and
interpreting natural, historic, scenic, and cultural resources related
to our American heritage. These initiatives should be encouraged and supported
by the Federal government with the concurrence of the relevant Federal
land management agencies and Tribal governments by providing financial
and technical assistance.
(4) Partnerships among Federal, Tribal, State and local governments, nonprofit
organizations, the private sector, and citizens provide the most viable
framework to recognize, protect, enhance, and interpret the resources
of places that have made important contributions to the national story.
(5) Communities and regions need assistance to set resource stewardship
and interpretive goals, and to implement strategies for resource protection
and renewed economic viability in these areas.
(6) A unified national process as well as certain standards for designation
of National Heritage Areas need to be established to provide a consistent
framework. The process should include a system for approval of heritage
area management plans.
(7) National Heritage Areas located near or encompassing units of the
National Park System provide an additional basis for public enjoyment
of parks and park-related resources, and it is appropriate for these parks
to participate in, assist with, and benefit from local heritage initiatives
that conserve and interpret resources over a larger area beyond the park's
boundaries.
(8) It is in the national interest and will benefit future generations
to establish a system of National Heritage Areas to encourage resource
conservation, protection, interpretation, enhancement, and economic sustainability,
and for full public understanding and appreciation of the many resources,
places, events, and peoples that have contributed to the rich heritage
of this Nation.
(b) Purposes- The purposes of this Act are as follows:
(1) To establish a system of regional and community-based National Heritage
Areas to protect, enhance, and interpret natural, historic, scenic, and
cultural resources that together tell nationally important stories representing
our country's heritage.
(2) To promote public understanding, appreciation and enjoyment of the
many places, events, and people that have contributed to our nationally
diverse story.
(3) To promote innovative and partnership-driven management strategies
that recognize regional values, to encourage locally tailored resource
stewardship and interpretation, to develop economically viable and innovative
approaches to community conservation, and to provide for the effective
leveraging of Federal funds with State, local, Tribal, and private funding
sources.
(4) To provide unified national standards and processes for conducting
feasibility studies, designating National Heritage Areas, and approving
heritage area management plans.
(5) To provide appropriate linkages among units of the National Park System,
and communities, governments, and organizations within National Heritage
Areas to protect, enhance, and interpret resources outside of park boundaries.
(6) To authorize the Secretary of the Interior to provide financial and
technical assistance to local coordinating entities that act as a catalyst
for diverse regions, communities, organizations, and citizens to undertake
projects and programs for resource stewardship and interpretation.
SEC. 3. DEFINITIONS.
(1) FEASIBILITY STUDY- The term `feasibility study' means a study conducted
by the Secretary of the Interior, or conducted by 1 or more other interested
parties and reviewed by the Secretary, in accordance with the criteria
and processes outlined in section 5, to determine whether an area meets
the criteria to be designated as a National Heritage Area by Congress.
(2) LOCAL COORDINATING ENTITY- The term `local coordinating entity' means
the entity designated by Congress to undertake, in partnership with others,
the management plan and to act as a catalyst for implementation projects
and programs among diverse partners in the National Heritage Area.
(3) MANAGEMENT PLAN- The term `management plan' means the plan prepared
by the local coordinating entity for a National Heritage Area that specifies
actions, policies, strategies, performance goals, and recommendations
taken to meet the goals of the heritage area as specified in section 7.
(4) NATIONAL HERITAGE AREA- The term `National Heritage Area' means an
area or corridor designated by Congress that tells nationally important
stories representing our American heritage.
(5) PROPOSED NATIONAL HERITAGE AREA- The term `proposed National Heritage
Area' is an area or corridor under study by the Secretary of the Interior
or other parties for potential designation by Congress as a National Heritage
Area.
(6) SECRETARY- The term `Secretary' means the Secretary of the Interior.
(7) SYSTEM- The term `system' means the system of National Heritage Areas
established under section 4.
(8) TRIBAL GOVERNMENT- The term `Tribal government' means the governing
body of an Indian or Alaska Native tribe, band, nation, pueblo, village,
or community that the Secretary of the Interior acknowledges to exist
as an Indian tribe pursuant to the Federally Recognized Indian Tribe List
Act of 1994, 25 U.S.C. 479a.
(9) TRIBAL LANDS- The term `Tribal lands' means all lands within the exterior
boundaries of any Indian reservation, all lands the title to which is
held by the United States in trust for an Indian tribe or lands the title
to which is held by an Indian tribe subject to a restriction by the United
States against alienation, and all dependent Indian communities.
SEC. 4. NATIONAL HERITAGE AREAS SYSTEM.
(a) In General- In order to recognize certain areas of the United States
that tell nationally important stories and to protect, enhance, and interpret
the areas' natural, historic, scenic, and cultural resources that together
illustrate significant aspects of our country's heritage, there is established
a National Heritage Areas System through which the Secretary shall provide
technical and financial assistance to local coordinating entities to support
the establishment, development, and continuity of the National Heritage
Areas.
(b) System- The National Heritage Areas System shall be composed of the
following:
(1) National Heritage Areas designated by Congress prior to the date of
enactment of this Act.
(2) National Heritage Areas designated by Congress subsequent to the date
of enactment of this Act, as provided for in this Act.
(c) Relationship to the National Park System-
(1) RELATIONSHIP TO NATIONAL PARK UNITS- The Secretary shall--
(A) assure to the maximum extent practicable, participation and assistance
by any unit of the National Park System located near or encompassed
by any National Heritage Area in local initiatives for that National
Heritage Area that conserve and interpret resources consistent with
an approved management plan for the National Heritage Area; and
(B) work with National Heritage Areas to promote public enjoyment of
units of the National Park System and park-related resources.
(2) APPLICABILITY OF LAWS- National Heritage Areas shall not be considered
to be units of the National Park System nor shall the areas be subject
to the authorities applicable to units of the National Park System.
(d) Duties- Under the system, the Secretary shall--
(1) undertake studies as directed by Congress through legislation to assess
the feasibility of designating proposed National Heritage Areas or review
and comment on studies undertaken by other parties for this purpose;
(2) submit annually to the Committee on Resources of the House of Representatives
and the Committee on Energy and Natural Resources of the United States
Senate a report describing the activities conducted with respect to National
Heritage Areas in accordance with this Act; and
(3) conduct an evaluation and prepare a report on the accomplishments,
sustainability, and recommendations, if any, for the future of each designated
National Heritage Area 3 years prior to the cessation of Federal funding
for the area under section 12(a) and submit a report on the findings of
the evaluation to the Committee on Resources of the House of Representatives
and the Committee on Energy and Natural Resources of the United States
Senate.
(e) Authorities- In carrying out this Act, the Secretary may--
(1) provide technical and financial assistance on a reimbursable or nonreimbursable
basis as determined by the Secretary in the development and implementation
of management plans for designated National Heritage Areas;
(2) enter into cooperative agreements with other Federal agencies, State,
tribal, and local governments, local coordinating entities, and other
interested parties to carry out the purposes of this Act;
(3) provide information, promote understanding, and encourage research
on National Heritage Areas in partnership with local coordinating entities;
and
(4) provide national oversight, analysis, coordination, technical and
financial assistance, and support to ensure consistency and accountability
of the system.
SEC. 5. FEASIBILITY STUDIES.
(a) Criteria- The Secretary, in undertaking a feasibility study, or reviewing
a feasibility study conducted by others, shall apply the following criteria
to determine the feasibility of designating a proposed National Heritage
Area:
(A) has an assemblage of natural, historic, or cultural resources that
together tell a nationally important story;
(B) represents distinctive landscapes and aspects of our American heritage
worthy of recognition, conservation, interpretation, and continuing
use;
(C) is best managed as such an assemblage through partnerships among
public and private entities at the local or regional level;
(D) reflects traditions, customs, beliefs, and folk life that are a
valuable part of the national story;
(E) provides outstanding opportunities to conserve natural, cultural,
historic, and/or scenic features;
(F) provides outstanding recreational and educational opportunities;
and
(G) has the resources and traditional uses important to the identified
stories and themes and these resources and uses retain a degree of integrity
capable of interpretation.
(2) Residents, business interests, non-profit organizations, and governments
including relevant Federal land management agencies within the proposed
area and Tribal governments are involved in the planning and have demonstrated
significant support through letters and other means for National Heritage
Area designation and management.
(3) The local coordinating entity responsible for preparing and implementing
the management plan is identified.
(4) The proposed local coordinating entity and units of government supporting
the designation are willing and have documented a significant commitment
to work in partnership to protect, enhance and interpret resources within
the National Heritage Area.
(5) The proposed local coordinating entity has developed a feasible conceptual
financial plan that outlines the roles of all participants including the
Federal government.
(6) The proposal is consistent with continued economic activity within
the area.
(7) A conceptual boundary map has been developed and is supported by the
public, and by participating Federal agencies.
(b) Concurrence of an Affected Federal Agency- In undertaking a feasibility
study, or in reviewing a study undertaken by others, the Secretary should
consult with the head of any Federal agency that manages lands within the
proposed National Heritage Area and secure the agency's concurrence with
the findings of the feasibility study prior to making a determination of
feasibility for designation.
(c) Review and Consultation- Based upon the completion of a feasibility
study, or upon receipt of an acceptable feasibility study conducted by others,
the Secretary shall--
(1) review, comment on, and determine if the study meets the criteria
specified in subsection (a) for designation as a National Heritage Area;
and
(2) consult with the Governor of any State and with Tribal governments
in which the proposed National Heritage Area is located.
(d) Transmittal and Recommendation- The Secretary--
(1) shall transmit the study, including any comments received from the
Governor of any State and Tribal government in which the proposed National
Heritage Area is located, to the Committee on Resources of the House of
Representatives and the Committee on Energy and Natural Resources of the
United States Senate with a finding as to whether or not the proposed
National Heritage Area meets the criteria for designation and the reasons
for that determination; and
(2) may transmit a letter, providing a recommendation concerning designation
of the proposed National Heritage Area. Such a recommendation may be based
on the budgetary impact of the designation or any other factor unrelated
to the criteria.
SEC. 6. DESIGNATION.
(a) In General- The designation of a National Heritage Area shall be--
(1) by Act of Congress; and
(2) contingent on the prior completion of a feasibility study and an affirmative
determination by the Secretary that the area meets the criteria established
under section 5(a).
(b) Component of the System- Any National Heritage Area designated under
subsection (a) shall be a component of the National Heritage Areas System
established in section 4.
SEC. 7. MANAGEMENT PLANS.
(a) Requirements- The management plan for any National Heritage Area shall--
(1) describe comprehensive policies, goals, strategies, and recommendations
for telling the story of the region's heritage and encouraging long-term
resource protection, enhancement, interpretation, funding, management,
and development of the National Heritage Area;
(2) include a description of actions and commitments that governments,
private organizations, and citizens will take to protect, enhance, and
interpret the natural, historic, scenic, and cultural resources of the
National Heritage Area;
(3) specify existing and potential sources of funding or economic development
strategies to protect, enhance, interpret, fund, manage, and develop the
National Heritage Area;
(4) include an inventory of the natural, historical, cultural, educational,
scenic, and recreational resources of the National Heritage Area related
to the stories and themes of the region that should be protected, enhanced,
managed or developed;
(5) recommend policies and strategies for resource management including,
but not limited to, the development of intergovernmental and interagency
agreements to protect the National Heritage Area's natural, historical,
cultural, educational, scenic, and recreational resources;
(6) describe a program of implementation for the management plan including:
performance goals; plans for resource protection, enhancement, interpretation;
and specific commitments for implementation that have been made by the
local coordinating entity or any government, organization, business, or
individual;
(7) include an analysis and recommendations for ways in which local, State,
tribal, and Federal programs may best be coordinated, including the role
of the National Park Service and other Federal agencies associated with
the National Heritage Area, to further the purposes of this Act; and
(8) include a business plan that--
(A) describes the role, operation, financing, and functions of the local
coordinating entity and of each of the major activities contained in
the management plan; and
(B) provides adequate assurances that the local coordinating entity
has the partnerships, and financial and other resources necessary to
implement the management plan for the National Heritage Area.
(b) Deadline and Termination of Funding-
(1) DEADLINE- The local coordinating entity shall submit the management
plan to the Secretary for approval within 3 years from the date when any
funds are made available for this purpose after designation as a National
Heritage Area.
(2) 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 any additional financial assistance under
this Act until such time as the management plan is submitted to and approved
by the Secretary.
(c) Approval of Management Plan-
(1) REVIEW- Based upon the criteria in paragraph (3), the Secretary shall
review and approve or disapprove the management plan for a National Heritage
Area not later than 180 days after receiving the management plan.
(2) CONSULTATION- The Secretary shall consult with the Governor of any
State and tribal government in which the National Heritage Area is located
prior to approving any management plan.
(3) CRITERIA FOR APPROVAL- In determining whether to approve the management
plan, the Secretary shall consider whether--
(A) the local coordinating entity is representing the diverse interests
of the National Heritage Area including governments, natural and historic
resource protection organizations, educational institutions, businesses,
recreational organizations, community residents, and private property
owners;
(B) the local coordinating entity has afforded adequate opportunity,
workshops and hearings, for public and governmental involvement in the
preparation of the management plan, and includes provisions for at least
semi-annual public meetings to assure adequate implementation of the
management plan;
(C) the resource protection and interpretation strategies contained
in the management plan, if implemented, would adequately protect, enhance
and interpret the natural, historic, scenic, and cultural resources
of the National Heritage Area;
(D) the management plan would not adversely affect any activities authorized
on Federal or Tribal lands under applicable laws or pursuant to land
use plans;
(E) the local coordinating entity has demonstrated financial capability,
in partnership with others, to carry out the management plan;
(F) the Secretary has received adequate assurances from the appropriate
State and local officials and Tribal governments whose support is needed
to ensure the effective implementation of the State, Tribal, and local
aspects of the management plan; and
(G) the management plan demonstrates partnerships among the local coordinating
entity, Federal, Tribal, State, or local governments, regional planning
organizations, non-profit organizations, or private-sector parties for
implementation of the management plan.
(4) ACTION FOLLOWING DISAPPROVAL- If the Secretary disapproves the management
plan, the Secretary shall advise the local coordinating entity in writing
of the reasons and may make recommendations for revisions to the management
plan. The Secretary shall approve or disapprove a proposed revision within
180 days after receiving the revised management plan.
(5) AMENDMENTS- Amendments to the management plan that substantially alter
the purposes of the National Heritage Area shall be reviewed by the Secretary
and approved in the same manner as provided for in the original management
plan. The local coordinating entity shall not use Federal funds authorized
by this Act to implement any amendments until the Secretary has approved
the amendments.
SEC. 8. LOCAL COORDINATING ENTITIES.
(a) Duties- To further the purposes of the National Heritage Area, the local
coordinating entity shall--
(1) prepare and submit a management plan for the National Heritage Area
to the Secretary in accordance with section 7 of this Act;
(2) submit an annual report to the Secretary for any fiscal year in which
it receives Federal funds under this Act, setting forth its specific performance
goals and accomplishments, expenses and income, amounts and sources of
matching funds, the amounts leveraged with Federal funds and sources of
such leveraging, and grants made to any other entities during the year
for which the report is made;
(3) 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
(4) encourage by appropriate means economic viability and sustainability
that is consistent with the purposes of the National Heritage Area.
(b) Authorities- The local coordinating entity may, subject to the prior
approval of the Secretary, for the purposes of preparing and implementing
the approved management plan for the National Heritage Area, use Federal
funds made available through this Act to--
(1) make grants to political jurisdictions, nonprofit organizations, and
other parties within the National Heritage Area;
(2) enter into cooperative agreements with or provide technical assistance
to political jurisdictions, nonprofit organizations, Federal agencies,
and other interested parties;
(3) hire and compensate staff which shall include individuals with expertise
in natural, cultural, and historic resources conservation; economic and
community development; and heritage planning;
(4) obtain money or services from any source including any that are provided
under other Federal laws or programs;
(5) contract for goods or services; and
(6) support activities of partners and any other activities that further
the purposes of the National Heritage Area and are consistent with the
approved management plan.
(c) Prohibitions on the Acquisition of Real Property- The local coordinating
entity may not use Federal funds received under this Act to acquire any
interest in real property.
SEC. 9. RELATIONSHIP TO OTHER FEDERAL AGENCIES.
(a) This Act shall not affect the authority of any Federal official to provide
technical or financial assistance under any other law.
(b) The head of any Federal agency planning to conduct activities that may
have an impact on a designated National Heritage Area is encouraged to consult
and coordinate these activities with the Secretary and the local coordinating
entity to the extent practicable.
(c) This Act shall not modify any law or regulation authorizing Federal
officials to manage Federal land under their control or limit the discretion
of Federal land managers to implement approved land use plans within the
boundaries of a National Heritage Area, nor shall this Act be construed
to modify, alter or amend any authorized uses of these Federal lands.
SEC. 10. PROPERTY OWNERS AND REGULATORY PROTECTIONS.
Nothing in this Act shall be construed to--
(a) abridge the rights of any property owner, whether public or private,
including the right to refrain from participating in any plan, project,
program, or activity conducted within the National Heritage Area;
(b) require any property owner to permit public access (including Federal,
tribal, State, or local government access) to such property or to modify
any provisions of Federal, tribal, State, or local law with regard to public
access or use of private lands;
(c) alter any duly adopted land use regulation or any approved land use
plan or any other regulatory authority of any Federal, State, or local agency
or Tribal government, or to convey any land use or other regulatory authority
to any local coordinating entity;
(d) authorize or imply the reservation or appropriation of water or water
rights;
(e) diminish the authority of the State to manage fish and wildlife including
the regulation of fishing and hunting within the National Heritage Area;
or
(f) 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.
SEC. 11. PARTNERSHIP SUPPORT.
(a) Technical Assistance- Upon termination of the 15-year period for which
assistance is provided under section 12(a), the Secretary may continue to
provide technical assistance, as authorized under section 4, to a National
Heritage Area upon the request of the local coordinating entity.
(b) Grant Assistance- Regardless of whether financial assistance has been
terminated under section 12(a), a National Heritage Area may receive financial
assistance under any grant program funded through the Historic Preservation
Fund, including the Save America's Treasures program and the Preserve America
program, or under any grant program funded through any other source of funding,
provided that the National Heritage Area meets the eligibility requirements
of such programs.
SEC. 12. FUNDING.
(a) Authorization of Appropriations-
(1) There are authorized to be appropriated to carry out the activities
under section 8--
(A) not more than $1,000,000 for any fiscal year for each National Heritage
Area to remain available until expended; and
(B) not more than a total of $10,000,000 for each National Heritage
Area.
(2) The authority of the Secretary to provide financial assistance in
section 4(e) to a local coordinating entity (excluding technical assistance
and administrative oversight) shall terminate 15 years after the date
of enactment of the law designating a National Heritage Area.
(3) In addition to amounts authorized in paragraph (1), there is authorized
to be appropriated to the Secretary to conduct feasibility studies by
the National Park Service in accordance with the provisions of section
5, not more than $750,000 for any fiscal year, with not more than $250,000
used for any one feasibility study for a proposed National Heritage Area.
(b) Matching Funds- As a condition of providing financial assistance under
section 4(e) to a local coordinating entity, the Secretary shall require
the recipient to provide matching funds equal to the amount of the financial
assistance. Recipient matching funds--
(1) must be from non-Federal sources; and
(2) may be made in the form of in-kind contributions of goods or services
fairly valued.
(c) Administrative- Not more than 5 percent of the funds made available
under subsection (a)(1) for a fiscal year may be used by the Secretary for
technical assistance, oversight, and administrative purposes.
END
