National Heritage Areas Partnership Act - Establishes a National Heritage Areas System through which the Secretary of the Interior shall provide technical and financial assistance to local coordinating entities to support the establishment, development, and continuity of National Heritage Areas.
Directs the Secretary to assess and report on the feasibility of designating proposed Areas and on the future of Areas already designated. Specifies feasibility criteria, including that an Area has an assemblage of natural, historic, or cultural resources that tell a nationally important story. States that designation of an 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 such criteria.
Sets forth requirements for Area management plans. Instructs local coordinating entities to submit plans to the Secretary for approval. Specifies approval criteria, including that resource protection and interpretation strategies would adequately protect, enhance, and interpret the natural, historic, scenic, and cultural resources of the Area.
Requires local coordinating entities to submit annual reports on performance goals, accomplishments, finances, and expenditures. Sets forth such entities' authority for using federal funds. Authorizes appropriations for such Areas. Terminates the Secretary's authority to provide financial assistance (to be matched by such entities) 15 years after enactment of the law designating an Area.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6287 Introduced in House (IH)]
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. 3. Definitions.
Sec. 4. National heritage areas system.
Sec. 5. Feasibility studies.
Sec. 6. Designation.
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. 12. Funding.
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.
In this Act:
(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:
(1) An 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.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Resources.
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