[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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