[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2416 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 2416

   To provide for the preservation, interpretation, development and 
beneficial use of natural, cultural, historic and scenic resources that 
  are a source of values important to the people of the United States 
        through a national partnership system of heritage areas.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 15, 1993

 Mr. Hinchey introduced the following bill; which was referred to the 
                     Committee on Natural Resources

_______________________________________________________________________

                                 A BILL


 
   To provide for the preservation, interpretation, development and 
beneficial use of natural, cultural, historic and scenic resources that 
  are a source of values important to the people of the United States 
        through a national partnership system of heritage areas.

    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 ``National Partnership System of 
Heritage Areas Act''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds that certain areas of the United 
States--
            (1) embody essential aspects of our national heritage and 
        identity;
            (2) are a composite of outstanding natural, cultural, 
        historic, and scenic resources that retain a high degree of 
        integrity;
            (3) represent the diversity of the national character 
        through the interaction of natural processes, distinctive 
        landscapes, cultural transitions, and economic and social 
        forces that have combined to create a unique pattern of human 
        settlement and activity;
            (4) exhibit valued qualities of the American experience and 
        provide important conservation, recreational, educational, 
        interpretive, and economic opportunities;
            (5) may be urban, suburban, or rural; corridors, 
        landscapes, parks or cityscapes; or combinations thereof, and 
        reflect a broadened idea of a park;
            (6) are lived-in, dynamic environments in which change 
        continues to take place;
            (7) may already be identified, designated, and managed as 
        part of State urban cultural park or heritage area systems; 
        National Heritage Corridors or regional greenways;
            (8) are distinguished by their size, complexity, character, 
        and dynamic nature from existing units of the National Park 
        System and although their nature could make public acquisition 
        and management inappropriate, they require partnerships of 
        Federal, State, local, and private entities to identify, plan, 
        and manage these areas in a manner consistent with their 
        resources and values and compatible with, and support of, their 
        continued economic viability; and
            (9) despite existing efforts by States and localities and 
        existing Federal programs, the cultural and natural resources 
        in both urban, suburban and rural areas are often lost because 
        the demands for preservation, interpretation, management, or 
        urban and rural revitalization cannot be adequately met by any 
        one level of government or concerned agency.
    (b) Purposes.--The purposes of this Act are--
            (1) to establish a national partnership system providing 
        Federal financial and technical assistance to State and local 
        governments, private organizations, or any combination thereof, 
        for heritage areas that provide outstanding, educational, 
        recreational, inspirational and economic opportunities for this 
        and future generations;
            (2) to establish an advisory commission; and
            (3) to prescribe the methods by which, and the standards 
        according to which, areas or State systems or programs become 
        designated and part of the national system.

SEC. 3. DEFINITIONS.

    For the purpose of this Act:
            (1) The term ``National Heritage Area or Park'' means a 
        definable urban or geographic area of public and private uses 
        ranging in size from a portion of a municipality to a regional 
        area with a special coherence, such area being distinguished by 
        physical and cultural resources and features (natural or man-
        made, including waterways, buildings, structures and historic 
        districts, scenic views, or artifacts reflecting a period of 
        style, cultural or natural heritage) of greater than local 
        significance and meaning which play a vital role in the life of 
        the community and contribute through interpretive, educational, 
        and recreational use and economic vitality to the public at 
        large.
            (2) The term ``Commission'' means the National Partnership 
        Heritage Area Advisory Commission established by section 4 of 
        this Act.
            (3) The term ``Secretary'' means the Secretary of the 
        Interior.

SEC. 4. NATIONAL HERITAGE AREA ADVISORY COMMISSION.

    (a) Establishment.--There is hereby established a commission to be 
known as the National Partnership Heritage Area Advisory Commission 
(hereafter in this Act referred to as the ``Commission'').
    (b) Membership.--The Commission shall be composed of 25 members, to 
be appointed as follows:
            (1) Four members of the Senate, appointed by the majority 
        leader of the Senate.
            (2) Four members of the House of Representatives, appointed 
        by the Speaker of the House of Representatives.
            (3) Six members, one appointed by each of the following: 
        the Secretary of the Interior, the Secretary of Housing and 
        Urban Development, the Secretary of Transportation, the 
        Secretary of Commerce, the Secretary of Agriculture, and the 
        Administrator of the Environmental Protection Agency.
            (4)(A) Eleven members, appointed by the President, who are 
        not officers or employees of the United States.
            (B) Seven of the members appointed under this paragraph 
        shall be officers of a State or a political subdivision of a 
        State, and four of the members appointed under this paragraph 
        shall not be officers or employees of any government.
            (C) The members appointed under this paragraph shall have 
        knowledge of and experience in urban, suburban, or rural 
        affairs and shall represent a geographical cross section of the 
        United States.
    (c) Chairperson.--The Commission shall elect a Chairperson from 
among its members other than the member designated by the Secretary of 
the Interior.
    (d) Terms.--Members of the Commission shall be appointed for terms 
of four years, except that seven of the members first appointed by the 
President shall serve terms of three years, and members appointed under 
subsection (b)(3) shall serve at the pleasure of the Secretary or 
Administrator making the appointment.
    (e) Vacancy.--A vacancy on the Commission shall be filled in the 
manner in which the original appointment was made.
    (f) Pay; Expenses.--Members of the Commission shall serve without 
compensation as such. All members of the Commission shall receive 
reimbursement for necessary travel and sustenance expenses incurred by 
them in the performance of the duties of the Commission in the same 
manner as persons employed intermittently in Government service are 
allowed under section 5703 of title 5, United States Code.

SEC. 5. DUTIES.

    The Commission shall advise the Secretary in the creation and 
administration of the National Partnership System of Heritage Areas, 
including (but not limited to) matters relating to partnership studies, 
recommendations for national designation by Congress, and mechanisms 
for coordinating Federal activities which affect National Heritage 
Areas or Parks and for coordinating Federal, State, local and private 
interests in each such area or park.

SEC. 6. ADMINISTRATIVE PROVISIONS.

    (a) Experts and Consultants.--The Commission may procure, in 
accordance with the provisions of section 3109 of title 5, United 
States Code, the temporary or intermittent services of experts or 
consultants who, while away from his or her home or regular place of 
business in the performance of services for the Commission, may be 
allowed travel expenses, including per diem in lieu of subsistence, as 
authorized by section 5703(b) of title 5, United States Code, for 
persons in the Government service employed intermittently.
    (b) Information.--Each department, agency, and instrumentality of 
the United States shall furnish to the Commission, upon request made by 
the Chairman, on a reimbursable basis or otherwise, such statistical 
data, reports, and other information as the Commission deems necessary 
to carry out its functions under this Act. The Chairman may call upon 
the departments, agencies, and other offices of several States to 
furnish, on a reimbursable basis or otherwise, such statistical data, 
reports, and other information as the Commission deems necessary to 
carry out its functions under this Act.
    (c) Hearings.--The Commission or, on the authorization of the 
Commission, any subcommittee or member thereof, may, for the purpose of 
carrying out the provisions of this Act, hold hearings, take testimony, 
and administer oaths or affirmations to witnesses appearing before the 
Commission or any subcommittee or member thereof.

SEC. 7. HERITAGE PARTNERSHIP STUDIES.

    (a) Grants.--The Secretary may make grants to assist in studies 
that identify and plan for heritage areas or State systems or programs 
for heritage areas. These studies shall also provide a means for 
evaluating candidate areas and systems for further Federal involvement 
upon authorization by Congress. No such grant may exceed 50 percent of 
the cost of conducting the study.
    (b) Procedures.--
            (1) Eligibility.--Applicants for grants under this section 
        may be States, or any political subdivisions thereof, or 
        private nonprofit entities, or any combination of the 
        foregoing.
            (2) Priority.--The Secretary shall submit grant 
        applications on an annual basis to the Commission, and after 
        consideration of the recommendations of the Commission, if any, 
        the Secretary shall place such grant applications as have been 
        received during the prior year in order of priority for 
        financial assistance.
    (c) Criteria.--In reviewing applications for assistance for 
individual areas the Secretary shall consider whether--
            (1) the planning area represents in physical form, an 
        important theme, or themes, in United States history;
            (2) the planning area reflects values such as traditions, 
        customs, beliefs, and folk life in the physical features of the 
        urban setting or landscape;
            (3) the planning area provides outstanding opportunities to 
        conserve natural and cultural features, link them to provide 
        educational, recreational and economic benefits, enhance 
        biodiversity, improve air and water quality, and emphasize 
        other attributes important to human health and welfare;
            (4) the planning area is an archetypical example of a 
        natural region or urban setting;
            (5) the planning area has strong local support for the 
        study from a diversity of landowners, business interests, 
        nonprofit organizations, and governments within the proposed 
        study area;
            (6) the planning area has a high potential for effective 
        partnership mechanisms;
            (7) the proposal is consistent with or complements 
        continued economic activity in the area;
            (8) resources important to the principal themes of the area 
        retain their integrity;
            (9) there is a clear potential of matching funds from State 
        and local public and private sources; and
            (10) with respect to assistance for State systems or 
        programs, the State system or program includes individual areas 
        which meet the criteria provided in this section for individual 
        areas with a significant partnership role performed by State 
        government in the form of designations, maintenance of 
        standards, and technical and financial assistance.
    (d) Study Content.--The grantee shall prepare a report of the 
study. Each study report shall include the following:
            (1) A description and analysis of the natural, cultural, 
        historic, and scenic resources and associated values and the 
        educational, interpretive, and recreational opportunities that 
        make it important to the heritage of the United States.
            (2) A map of the study area, or of the areas in a State 
        system or program in the case of a State system.
            (3) A statement of goals and policies to guide the future 
        of the area or areas in a State system or program under study.
            (4) An analysis of measures that have been, are in the 
        process of, or may be taken by Federal, State, and local 
        governments, and by all other private and public entities, to 
        conserve these resources and associated values, including 
        scenic values, while enhancing educational, interpretive, and 
        recreational opportunities.
            (5) A description of the appropriate management entity or 
        entities.
            (6) An analysis of current and future potential uses of the 
        area, or of the areas in a State system or program.
            (7) A public involvement plan.
            (8) A strategy for identifying sources of revenue and 
        assistance to aid in the future management or protection of the 
        area, or of the areas in a State system or program.
            (9) In the case of State systems or programs, a management 
        framework, and the management framework and process for each 
        individual area and for the overall system.
    (e) Technical Assistance.--If the grantee requests, the Secretary 
may provide technical assistance in the conduct of the study through 
the National Park Service to the extent that the National Park Service 
has resources available to provide such assistance. Nothing in the Act 
shall be construed to prohibit the Secretary from providing technical 
or financial assistance under any other provision of law.
    (f) Recommendations for National Designation.--
            (1) Report.--Upon completion of the study, the grantee 
        shall submit the report of such study to the Secretary and 
        advise if the grantee requests national designation.
            (2) Review by commission.--The Secretary shall provide 
        those study reports requesting national designation and areas 
        which have been studied by the National Park Service to the 
        Commission for its advice and recommendations. The Commission 
        shall advise the Secretary of those areas and systems or 
        programs, in priority order, it recommends be proposed for 
        national designation by the Congress based on complete studies.
            (3) Recommendations by secretary.--The Secretary shall 
        submit to the Congress study reports of those areas and systems 
        or programs the Secretary recommends for national designation 
        together with any comments which the Secretary deems 
        appropriate.

SEC. 8. ESTABLISHMENT OF A NATIONAL PARTNERSHIP SYSTEM OF HERITAGE 
              AREAS.

    (a) In General.--There is hereby established a National Partnership 
System of Heritage Areas, which shall consist of National Heritage 
Areas or Parks and nationally designated State systems or programs of 
heritage areas designated pursuant to subsection (b) of this section.
    (b) Designation of National Heritage Areas.--The following areas 
are hereby designated as components of the National Partnership System 
of Heritage Areas:
            (1) National Heritage Corridors established by law.
            (2) New York State Urban Cultural Park System.

SEC. 9. MANAGEMENT PLANS.

    (a) Submission by Governor.--Within two years after designation 
pursuant to section 8(b) of the Act, the Secretary shall request the 
Governor of the State in which the designated area or system is located 
to submit a management plan to the Secretary for review and approval. 
The Secretary may, upon request of a Governor, provide technical 
assistance to the Governor in the preparation and implementation of the 
management plan. The management plan shall take into consideration 
existing State, county, and local plans, and present a unified heritage 
preservation and interpretation plan for the area or each area in the 
State system or program.
    (b) Role and Contents.--Management plans shall be the fundamental 
document defining the goals and boundaries for each area or system or 
program and the means for the implementation and management of the 
National Heritage Area or Park. A management plan shall include (but 
need not be limited to) the following:
            (1) The boundaries of the area set forth in text and 
        depicted on a map. Zones within the area shall be identified 
        for particular nature and intensity of use, including those 
        zones most appropriately devoted to public use and development 
        by State or local government; and private use. Boundaries shall 
        be located as deemed necessary or desirable for the purposes of 
        resource protection, scenic integrity, and management and 
        administration in furtherance of the purposes of this Act, and 
        the estimated cost thereof.
            (2) An inventory and designation of the natural and 
        cultural resources.
            (3) Statement of the goals and objectives.
            (4) Identification of the types of uses, both public and 
        private, to be accommodated and, in case of a system or 
        program, their linkages to the overall statewide system.
            (5) Identification of properties, if any, to be acquired.
            (6) Description of the interpretive and educational 
        exhibits and programs to be undertaken.
            (7) Description of the program for encouraging and 
        accommodating visitation.
            (8) An economic assessment of the long- and short-term 
        costs and benefits related to the establishment, operation and 
        maintenance, including comprehensive estimate of the costs of 
        implementing the management plan identified by source of 
        funding and specifically delineating expected State, local, 
        Federal and private contributions.
            (9) Description of the techniques or means for the 
        preservation and protection of the natural and cultural 
        resources within the National Heritage Area or Park, including 
        means such as proposals and recommendations for appropriate 
        local governmental policies for designation and protection of 
        historic properties or natural areas to assure that future 
        local actions will be consistent with established and agreed 
        upon preservation standards or criteria.
            (10) Description of the organizational structure to be 
        utilized for planning, development and management, including 
        the responsibilities and interrelationships of local, regional 
        and State agencies in the management process, and a program to 
        provide maximum feasible primary participation in the 
        implementation of the management plan. Such organizational 
        structures may include (but not be limited to) utilization of 
        existing State and local agencies for administrative and 
        finance purposes through contracts and letters of agreement 
        between State and local agencies or, where necessary, proposed 
        legislation for new entities to administer and finance 
        implementation of a management plan.
            (11) A schedule for the planning, development and 
        management. Each management plan must demonstrate that the 
        capability exists at the State and local level to implement and 
        manage the heritage area or system or program including, but 
        not limited to, the ability to--
                    (A) accept and disburse funds;
                    (B) acquire, improve and dispose of property;
                    (C) manage, operate, and maintain appropriate 
                facilities identified as being of local responsibility 
                without State financial assistance; and
                    (D) promulgate and enforce land use and 
                preservation criteria and standards as required to 
                protect the resources within each area or system or 
                program.
    (c) Approval of the Management Plan.--
            (1) In general.--The Secretary shall approve or disapprove 
        a plan within 120 days of his receipt of the plan from a 
        Governor. No plan submitted to the Secretary under this section 
        shall be approved unless the Secretary finds that the plan, if 
        implemented, would adequately protect the significant natural, 
        cultural, historic and scenic resources of the area or areas 
        within a State system or program and provide high quality 
        educational, interpretive, and recreational opportunities 
        consistent with the values of the area.
            (2) Considerations.--In determining whether or not to 
        approve the management plan, the Secretary shall consider 
        whether--
                    (A) the Governor has afforded adequate opportunity, 
                including public hearings, for public and governmental 
                involvement in the preparation of the plan; and
                    (B) the Secretary has received adequate assurances 
                from appropriate State and local governmental officials 
                that the recommended implementation program identified 
                in the plan will be initiated within a reasonable time 
                after the date of approval of the plan and such program 
                will ensure effective implementation of the State and 
                local aspects of the plan.
            (3) Procedure after disapproval.--If the Secretary 
        disapproves the management plan, the Secretary shall advise the 
        Governor in writing of the reasons therefor and shall indicate 
        any recommendations for revisions. Within six months, the 
        Governor may resubmit the plan to the Secretary, who shall 
        approve or disapprove the plan as revised within 120 days after 
        the date that the revised plan is submitted. The Secretary 
        shall approve or disapprove subsequent revisions of the plan in 
        the same manner as if each such revised plan were first 
        submitted pursuant to subsection (a).
    (d) Implementation of the Management Plan.--
            (1) In general.--After review and approval of the plan by 
        the Secretary, priority in the implementation of the management 
        plan shall be given to actions that assist in--
                    (A) preserving the significant natural, cultural, 
                historic and scenic resources of the area or areas in 
                an approved system or program;
                    (B) promoting and providing educational, 
                interpretive, and recreational opportunities consistent 
                with the resources and associated values of the area or 
                areas in an approved system or program; and
                    (C) supporting public and private efforts in 
                economic revitalization that contribute to the goals of 
                the plan.
            (2) Priority actions.--Priority actions to be carried out 
        under paragraph (1) shall include--
                    (A) assisting the State and political subdivisions 
                thereof in appropriate treatment of the districts, 
                sites, buildings, structures, and objects listed or 
                eligible for listing on the National Register of 
                Historic Places;
                    (B) encouraging high quality and appropriate 
                visitor use facilities, interpretive exhibits, tour 
                routes and clear and consistent signage throughout the 
                area;
                    (C) assisting in the enhancement of public 
                awareness of and appreciation for the resources and 
                associated values of the area;
                    (D) encouraging the conservation of natural 
                resources, historic and scenic landscapes;
                    (E) encouraging enhanced economic development in 
                the area in furtherance of the goals of the plan;
                    (F) encouraging local governments to adopt policies 
                consistent with the goals of the plan and to take 
                actions to implement those policies; and
                    (G) encouraging States to develop system policies 
                and programs for areas therein.
    (e) Annual Reports.--
            (1) Management entity.--The management entity for each 
        designated area or for a designated system or program shall 
        submit an annual report to the Secretary setting forth its 
        expenses and income and the entities to which any loans and 
        grants pursuant to this Act were made during the year for which 
        the report is made.
            (2) Secretary.--The Secretary shall submit an annual report 
        to the Congress describing the loans, grants, and technical 
        assistance provided under this Act. Such report shall specify 
        the amount, recipient, and purpose of any loan, grant, or 
        technical assistance so provided and shall include an analysis 
        of the adequacy of actions taken during the previous year to 
        preserve, protect, and interpret the significant sites, 
        buildings, structures and objects within the area; as well as 
        the anticipated funds and personnel to be made available by the 
        Secretary during the next fiscal year to implement the 
        provisions of this Act.

SEC. 10. DUTIES OF THE SECRETARY.

    Following approval of a management plan under section 9, the 
Secretary shall provide technical and financial assistance to each 
management entity of an area, or to each system or program which shall 
regrant funds to individual areas within the system or program, to 
implement an approved management plan.

SEC. 11. DUTIES OF OTHER FEDERAL ENTITIES.

    Any Federal entity conducting or supporting activities directly 
affecting a designated area or area within a designated system or 
program, and any entity of a State or political subdivision thereof 
acting pursuant to a grant of Federal funds or a Federal permit or 
agreement conducting or supporting such activities, shall--
            (1) consult with the Secretary and the management entity 
        for the area with respect to such activities;
            (2) cooperate with the Secretary and the management entity 
        carrying out their duties under this Act and, to the maximum 
        extent practicable, coordinate such activities with the 
        carrying out of such duties;
            (3) conduct or support such activities in a manner which 
        the management entity 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
            (4) conduct or support such activities in a manner which 
        the management entity determines will not have an adverse 
        effect on the area.

SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated such sums as may be 
necessary to carry out this Act, but not to exceed the following 
amounts for the purposes specified:
            (1) Study grants.--For grants and assistance in carrying 
        out partnership studies pursuant to section 7, $4,500,000 
        annually, of which not more than $500,000 shall be available to 
        defray the cost of technical assistance provided by the 
        Secretary.
            (2) Planning and implementation.--To assist in the 
        preparation of plans as specified in section 9 and in the 
        implementation of approved heritage area or system plans, 
        $75,000,000 annually.
            (3) Commission operations.--For the operating costs of the 
        Commission, $350,000 annually.

SEC. 13. EXPIRATION OF AUTHORITIES.

    The authorities contained in this Act shall expire on September 30 
of the 25th year beginning after the date of enactment of this Act.

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HR 2416 IH----2