[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2509 Introduced in Senate (IS)]

103d CONGRESS
  2d Session
                                 S. 2509

  To establish an American Heritage Areas Partnership Program in the 
                      Department of the Interior.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

            October 5 (legislative day, September 12), 1994

 Mr. Moynihan introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
  To establish an American Heritage Areas Partnership Program in the 
                      Department of the Interior.

    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 ``American Heritage Areas Partnership 
Program Act of 1994''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Certain geographic areas of the United States represent 
        the diversity of the national character by reason of the 
        interaction of natural processes, distinctive landscapes, 
        cultural traditions, and economic and social forces that have 
        combined to create a particular pattern of human settlement and 
        activity.
            (2) Despite efforts that have been made by States and 
        political subdivisions of States as of the date of enactment of 
        this Act and Federal programs in effect on such date, the 
        natural, cultural, historic, and scenic resources and 
        recreational opportunities in the areas referred to in 
        paragraph (1) are often at risk.
            (3) The complexity and character of such areas distinguish 
        such areas and necessitate a distinctive system of recognition, 
        protection, and partnership management.

SEC. 3. PURPOSES.

    The purposes of this Act are as follows:
            (1) To recognize that the natural, cultural, historic, and 
        scenic resources and recreational opportunities of the United 
        States represent the diverse character of the United States and 
        are important to the United States.
            (2) To guard, preserve, and manage wisely the resources and 
        opportunities referred to in paragraph (1) in order to ensure 
        that the resources are passed on to future generations.
            (3) To recognize that the geographic assemblages of 
        combinations of such resources and thematic relationships of 
        such combinations form heritage areas which provide a unique 
        framework for understanding the historical, cultural and 
        natural development of communities and surroundings.
            (4) To preserve the assemblages described in paragraph (3) 
        that are worthy of national recognition, designation and 
        assistance.
            (5) To encourage the linkage of the resources referred to 
        in paragraph (1) within the areas referred to in paragraph (3) 
        through the establishment and maintenance of greenways, 
        corridors, and trails.
            (6) To encourage appropriate partnerships among Federal 
        agencies, the governments of States and political subdivisions 
        thereof, nonprofit organizations, and the private sector (and 
        any combination thereof) to--
                    (A) preserve, conserve, and manage such resources 
                and opportunities;
                    (B) accommodate economic viability; and
                    (C) enhance the quality of life for the existing 
                and subsequent generations of the people of the United 
                States.
            (7) To authorize the provision of financial and technical 
        assistance by the Federal Government to the governments of 
        States and political subdivisions of States, or private 
        nonprofit organizations (or any combination thereof) to study 
        and promote the potential for conserving and interpreting 
        American Heritage Areas.
            (8) To prescribe the process by which, and the standards 
        according to which, prospective American Heritage Areas may be 
        assessed for eligibility and included in a American Heritage 
        Areas Partnership Program.

SEC. 4. DEFINITIONS.

    Unless the context specifically implies otherwise, as used in this 
Act:
            (1) American heritage area.--(A) The term ``American 
        Heritage Area'' means a place where natural, cultural, 
        historic, or scenic resources, or a combination thereof, 
        combine to form a cohesive, nationally distinctive landscape 
        that has developed from patterns of human activity shaped by 
        geography.
            (B) As a result of such patterns, American Heritage Areas 
        are collectively--
                    (i) representative of the national experience, as 
                demonstrated through the physical features that remain, 
                and the traditions that have evolved, in such areas; 
                and
                    (ii) enhanced with respect to their significance by 
                the continued use (and adaptive reuse) of such areas by 
                people whose traditions have assisted in shaping the 
                nationally distinctive landscapes of the areas.
            (2) Indian tribe.--The term ``Indian tribe'' means any 
        Indian tribe, band, nation, pueblo, or other organized group or 
        community, including any Alaska Native village or regional 
        corporation as defined in or established pursuant to the Alaska 
        Native Claims Settlement Act (43 U.S.C. 1601 et seq.), which is 
        recognized as eligible for the special programs and services 
        provided by the United States to Indians because of their 
        status as Indians.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (4) Technical assistance.--The term ``technical 
        assistance'' means any guidance, advice, or other assistance 
        (other than financial assistance).
            (5) Unit of government.--The term ``unit of government'' 
        means the government of a State, a political subdivision of a 
        State, or Indian tribe.
            (6) World heritage list.--The term ``World Heritage List'' 
        shall have the meaning provided such term by the Secretary.

SEC. 5. ESTABLISHMENT OF AN AMERICAN HERITAGE AREAS PARTNERSHIP 
              PROGRAM.

    (a) Establishment.--There is hereby established an American 
Heritage Areas Partnership Program within the Department of the 
Interior for the American Heritage Areas designated pursuant to 
subsection (d) for the following purposes:
            (1) To preserve nationally distinctive natural, cultural, 
        historic, and scenic resources.
            (2) To provide opportunities for conservation, education, 
        and recreation by recognizing and providing assistance for such 
        American Heritage Areas.
    (b) Duties of the Secretary.--In accordance with the purposes 
specified in subsection (a) and section 2(b), under the American 
Heritage Areas Partnership Program, the Secretary may carry out the 
following activities:
            (1) Evaluate combinations of resources that are best 
        preserved, interpreted, stabilized, and managed as American 
        Heritage Areas under a partnership model.
            (2) Evaluate areas and make recommendations for the 
        designation of areas as American Heritage Areas under 
        subsection (c).
            (3) Advise the governments of States and political 
        subdivisions of States, nonprofit organizations, or other 
        appropriate entities (or any combination thereof) concerning 
        suitable methods of recognizing and preserving thematically and 
        geographically linked natural, cultural, historic, and scenic 
        resources and recreational opportunities.
            (4) Provide technical assistance and grants for the 
        following activities:
                    (A) The nomination of an area for inclusion in the 
                American Heritage Areas Partnership Program.
                    (B) The development of a compact for an area 
                nominated for inclusion in the American Heritage Areas 
                Partnership Program.
                    (C) The development of a management plan for an 
                American Heritage Area designated pursuant to this 
                section.
                    (D) A capital project or improvement undertaken 
                pursuant to a management plan referred to in 
                subparagraph (C).
            (5) Consider any heritage area designated under this or any 
        other Act for nomination to the World Heritage List if the 
        Secretary determines that such heritage area meets the 
        qualifications for such nomination.
    (c) Criteria.--To be eligible for designation as an American 
Heritage Area, a proposed area shall meet each of the following 
criteria:
            (1) The proposed area shall be an assemblage--
                    (A) of natural, cultural, historic, or scenic 
                resources that together represent a distinctive aspect 
                of the heritage of the United States that is worthy of 
                recognition, preservation, interpretation, and 
                continuing use;
                    (B) that is best managed as such an assemblage 
                through partnerships between public and private 
                entities; and
                    (C) that combines diverse (and sometimes 
                noncontiguous) resources and active communities.
            (2) The proposed area reflects traditions, customs, 
        beliefs, or folklife, or any combination thereof, that are a 
        valuable part of the history of the United States.
            (3) The proposed area provides outstanding opportunities to 
        conserve natural, cultural, historic, or scenic features, or 
        any combination thereof.
            (4) The proposed area provides outstanding recreational and 
        educational opportunities.
            (5) The resources that are important to each identified 
        theme of the proposed area retain a degree of integrity that is 
        capable of supporting interpretation of the theme.
            (6) Residents, nonprofit organizations, other private 
        entities, and governments within the proposed area have 
        demonstrated support for the designation of the area as an 
        American Heritage Area and the implementation of the management 
        plan for the area developed under section 6.
            (7) The principal organizations and units of government 
        that support the designation are willing to commit to entering 
        into agreements to work in partnership to implement the 
        management plan for the area.
            (8) A compact that meets the applicable requirements under 
        section 6 has been prepared with public participation.
    (d) Conditions for Designation.--An area may be designated as an 
American Heritage Area only upon the occurrence of the following 
conditions:
            (1) An entity requesting that an area be designated as an 
        American Heritage Area submits to the Secretary a feasibility 
        study and compact (as described in section 6(d)), together with 
        the comments of the Governor of each State in which the 
        proposed American Heritage Area is located.
            (2) The Secretary, after consulting with the Advisory 
        Council on Historic Preservation in accordance with section 106 
        of the National Historic Preservation Act (16 U.S.C. 470f), 
        approves the feasibility study and compact.
            (3) The Secretary submits the feasibility study and compact 
        to Congress, together with any comments that the Secretary 
        considers appropriate for a preferred action.
            (4) Congress enacts legislation to designate the area as an 
        American Heritage Area that specifies the boundaries of and 
        management entity for the American Heritage Area.
    (e) Relation to the National Register of Historic Places.--The 
designation of an American Heritage Area shall not be deemed to signify 
that such American Heritage Area is included in, or eligible for, 
inclusion in the National Register of Historic Places, as established 
in accordance with section 101 of the National Historic Preservation 
Act (16 U.S.C. 470a). Designation of an American Heritage Area shall 
not preclude the subsequent nomination to, or determination of 
eligibility for inclusion in, the National Register of any district, 
site, building, structure, or object located within the designated 
American Heritage Area.
    (f) Duration of Designations.--
            (1) In general.--The designation of an American Heritage 
        Area shall continue to be in effect during the period after the 
        date of the designation unless--
                    (A) the Secretary determines that--
                            (i) the American Heritage Area no longer 
                        meets the criteria described in subsection (c);
                            (ii) the parties to the applicable compact 
                        for the American Heritage Area are not in 
                        compliance with the terms of the compact; or
                            (iii) the management entity for the 
                        American Heritage Area has not made significant 
                        progress in developing or implementing the 
                        management plan;
                    (B) the Secretary requests that Congress withdraw 
                the designation; and
                    (C) Congress withdraws the designation.
            (2) Public hearing.--Before the Secretary makes a 
        determination described in paragraph (1)(A) the Secretary or 
        the designee of the Secretary shall hold a public hearing 
        within the American Heritage Area.

SEC. 6. HERITAGE PARTNERSHIP FEASIBILITY STUDIES, COMPACTS, MANAGEMENT 
              PLANS, AND EARLY ACTIONS.

    (a) Grants.--
            (1) In general.--The Secretary may make matching grants--
                    (A) to assist in studies to identify the 
                feasibility of establishing an American Heritage Area;
                    (B) to prepare compacts outlining the objectives, 
                boundaries and management structure of the proposed 
                American Heritage Area;
                    (C) to prepare management plans for an area 
                designated as an American Heritage Area; and
                    (D) to provide support for early actions as part of 
                the development of American Heritage Areas, as 
                described in subsections (d) and (e).
            (2) Eligibility.--The Secretary may make grants under this 
        section to units of government. The Secretary, in consultation 
        with affected units of government, may also make grants to 
        private nonprofit organizations. In awarding grants, the 
        Secretary shall be guided by the criteria for eligibility for 
        designation described in section 5(c).
    (b) Technical Assistance.--
            (1) Eligibility.--The Secretary may provide technical 
        assistance to units of government and private nonprofit 
        organizations for conducting feasibility studies described in 
        subsection (d)(1), for preparing a compact described in 
        subsection (d)(2) or management plan described in subsection 
        (d)(3), and carrying out an early action described in 
        subsection (e). In providing technical assistance under this 
        paragraph, the Secretary shall be guided by the criteria for 
        eligibility for designation described in section 5(c).
            (2) Cooperative agreements.--In addition, the Secretary may 
        provide all or part of the technical assistance described in 
        paragraph (1), through cooperative agreements with units of 
        government and private nonprofit organizations that have a 
        mission and resources that are capable of contributing 
        substantially to carrying out the purposes of this Act.
    (c) Other Assistance.--Nothing in this Act may prohibit the 
Secretary or a unit of government from providing technical or financial 
assistance under any other provision of law.
    (d) Contents of Studies, Compacts, and Plans.--
            (1) Feasibility study.--Each feasibility study conducted 
        under this Act shall include sufficient information to 
        determine if an area has the potential to meet the criteria 
        described in subsection (c). Such information shall include 
        each of the following:
                    (A) A description of the natural, cultural, 
                historic, and scenic resources and recreational 
                opportunities of the area proposed to be designated as 
                an American Heritage Area (referred to in this 
                subsection as a ``proposed area''), including an 
                assessment of the quality, the degree of integrity, the 
                availability of public access, and the themes 
                represented by such resources and opportunities.
                    (B) An assessment of the interest of potential 
                partners, including units of government, nonprofit 
                organizations, and other private entities.
                    (C) A description of tentative boundaries for the 
                proposed area.
                    (D) The identification of a potential management 
                entity.
                    (E) Any other information that the preparer of the 
                study determines appropriate.
            (2) Compact.--A compact developed under this Act shall 
        include information relating to the goals and objectives for 
        managing the proposed area as an American Heritage Area. Such 
        information shall include the following:
                    (A) A delineation of the boundaries of the proposed 
                area.
                    (B) A discussion of the goals and objectives for 
                managing the proposed area, including an explanation of 
                a proposed approach to conservation and interpretation 
                and a general outline of the protection measures that 
                the partners specified in the compact have committed to 
                carry out.
                    (C) An identification and description of the 
                management entity that will administer the proposed 
                area as an American Heritage Area.
                    (D) A list of the initial partners that will be 
                involved in developing and implementing the management 
                plan for the proposed area, and a statement of the 
                financial commitment of such partners.
                    (E) A description of the role of each State in 
                which the proposed area is located.
            (3) Management plan.--
                    (A) In general.--A management plan for an American 
                Heritage Area developed under this Act shall provide 
                for the following:
                            (i) Comprehensive recommendations for the 
                        conservation, funding, management, and 
                        development of the American Heritage Area.
                            (ii) Recommended actions to be undertaken 
                        by units of government and private 
                        organizations to protect the resources of the 
                        area.
                            (iii) An identification of existing and 
                        potential sources of funding for the 
                        protection, management, and development of the 
                        American Heritage Area.
                            (iv) An inventory of the resources 
                        contained in the American Heritage Area, 
                        including a list of real property in the area 
                        that should be preserved, restored, managed, 
                        developed, and maintained, in a manner 
                        consistent with the themes of the American 
                        Heritage Area, because of the natural, 
                        cultural, historic, or significance of such 
                        real property.
                            (v) A recommendation of policies and 
                        procedures for resource management that take 
                        into consideration and detail the application 
                        of appropriate land and water management 
                        techniques, and that include the development of 
                        intergovernmental cooperative agreements to 
                        protect the natural, cultural, historic, and 
                        scenic resources of the American Heritage Area 
                        and recreational opportunities of such area in 
                        a manner that is consistent with supporting 
                        appropriate and compatible economic viability.
                            (vi) A program for the implementation of 
                        the management plan by the management entity, 
                        including plans for restoration and 
                        construction, as well as specific commitments 
                        of the identified partners for the first 5 
                        years during which the plan is in operation.
                            (vii) An analysis of ways in which local, 
                        State, and Federal programs may best be 
                        coordinated to promote the purposes of the Act.
                            (viii) An interpretation plan for the 
                        American Heritage Area that is the subject of 
                        the management plan.
                    (B) Plan development.--In developing a management 
                plan, the management entity shall--
                            (i) take into consideration existing plans 
                        of units of government and regional plans in 
                        effect at the time of the development of the 
                        management plan; and
                            (ii) provide for participation by 
                        residents, public agencies, and private 
                        organizations located in the American Heritage 
                        Area.
    (e) Early Action.--During the period beginning on the date on which 
an area is designated as an American Heritage Area and ending on the 
date of approval of the management plan for the American Heritage Area, 
the Secretary may provide technical and financial assistance for any 
early action that the Secretary determines to be important to the theme 
of the area and that protects any resources that are in imminent danger 
of suffering irreversible damage if the early action is not taken.

SEC. 7. MANAGEMENT ENTITIES.

    (a) In General.--
            (1) Funding.--Each management entity designated in a 
        compact for an area designated as an American Heritage Area may 
        receive Federal funding to support a cooperative partnership to 
        prepare and implement the management plan and otherwise carry 
        out functions specified in this Act.
            (2) Eligibility for designation.--To be eligible for 
        designation as the management entity of an American Heritage 
        Area, a unit of government or private nonprofit organization 
        shall be required to possess the legal authority and capability 
        to--
                    (A) receive Federal funds for use in preparing and 
                implementing a management plan (as described in section 
                6(d)(3));
                    (B) disburse Federal funds to other units of 
                government or other organizations for use in preparing 
                and implementing the management plan;
                    (C) account for all Federal funds received or 
                disbursed; and
                    (D) enter into agreements with the Federal 
                Government.
    (b) Authorities of the Management Entity.--The management entity 
may, for purposes of preparing and implementing the management plan 
developed under section 6(d)(3), use Federal funds made available 
pursuant to this Act for the following purposes:
            (1) To make loans and grants to States and political 
        subdivisions thereof, private organizations, or other persons.
            (2) To enter into cooperative agreements with the heads of 
        Federal agencies.
            (3) To hire and compensate staff.
    (c) Duties of the Management Entity.--The management entity shall 
carry out the following duties:
            (1) Not later than 5 years after the date of enactment of 
        this Act, develop and submit to the Secretary for approval a 
        management plan.
            (2) Give priority to implementing actions (as set forth in 
        the compact and the management plan), including taking steps 
        to--
                    (A) assist units of government, regional planning 
                organizations, and nonprofit organizations--
                            (i) in preserving the American Heritage 
                        Area;
                            (ii) in establishing and maintaining 
                        interpretive exhibits in the American Heritage 
                        Area;
                            (iii) in developing recreational resources 
                        in the American Heritage Area;
                            (iv) in increasing public awareness of and 
                        appreciation for the natural, historical, and 
                        architectural resources and sites in the 
                        American Heritage Area; and
                            (v) in the restoration of any historic 
                        building relating to the themes of the Heritage 
                        Area;
                    (B) encourage, by appropriate means and in a manner 
                consistent with the goals of the management plan, the 
                economic viability in the corridor that is included in 
                the American Heritage Area;
                    (C) encourage local governments to adopt land use 
                policies that are consistent with the management of the 
                American Heritage Area and the goals of the management 
                plan; and
                    (D) assist units of government, regional planning 
                organizations, and nonprofit organizations to ensure 
                that clear, consistent, and environmentally appropriate 
                signs identifying access points and sites of interest 
                are placed throughout the American Heritage Area.
            (3) In developing and implementing the management plan for 
        the American Heritage Area, consider the interests of diverse 
        governmental, business, and nonprofit groups within the 
        American Heritage Area.
            (4) Conduct (not less frequently than quarterly), public 
        meetings regarding the implementation of the management plan.
            (5) Submit any substantial changes to the management plan 
        (including any increase of more than 20 percent in the cost 
        estimates for implementation) to the Secretary for approval by 
        the Secretary.
            (6) For any fiscal year during which Federal funds are made 
        available to the management entity pursuant to this Act, submit 
        an annual report to the Secretary that describes--
                    (A) the accomplishments, expenses and income of the 
                management entity; and
                    (B) the persons or entities to which the management 
                entity made a loan or grant during the fiscal year that 
                is the subject of the report.
            (7) For each fiscal year described in paragraph (6), make 
        available for audit by the Congress, the Secretary, and 
        appropriate units of government, all records and other 
        information pertaining to the expenditure of the Federal funds 
        and any matching funds.
            (8) Require, with respect to any person or entity that 
        receives Federal funding that is made available to the person 
        or entity pursuant to an agreement that the person or entity 
        enters into with the management entity, that pursuant to an 
        agreement authorizing the expenditure of Federal funds for a 
        grant or loan, that the person or entity make available for 
        audit by the management entity all records pertaining to the 
        expenditure of such funds.
            (9) Assume liability for any loan made by the management 
        entity pursuant to subsection (b)(1).
    (d) Effect of Failure To Submit Management Plan.--If the management 
entity fails to submit a management plan to the Secretary by the date 
specified in subsection (c)(1), beginning on such date, no Federal 
funds may be made available to the management entity for the American 
Heritage Area or to any other unit of government or nonprofit entity to 
carry out a project for the American Heritage Area.
    (e) Prohibition on the Acquisition of Real Property.--The 
management entity may not use Federal funds made available under this 
Act to acquire real property or an interest in real property. Nothing 
in this Act may preclude the management entity from using Federal funds 
from other sources for the purposes for which such funds are authorized 
to be expended.
    (f) Eligibility for Receiving Financial Assistance.--
            (1) Eligibility.--Except as provided in paragraph (2), the 
        management entity shall be eligible to receive funds made 
        available by appropriation pursuant to this Act during the 10-
        year period beginning on the date on which the American 
        Heritage Area under the jurisdiction of the management area is 
        designated as an American Heritage Area.
            (2) Exception.--The Secretary may extend the eligibility of 
        the management entity to receive funding under this Act for an 
        additional period of not to exceed 5 years if the following 
        conditions are met:
                    (A) The management entity--
                            (i) determines that such extension is 
                        necessary to carry out the purposes of this Act 
                        with respect to the American Heritage Area; and
                            (ii) notifies the Secretary not later than 
                        180 days prior to the termination date of the 
                        period specified in paragraph (1).
                    (B) Not later than 180 days prior to the 
                termination date referred to in subparagraph (A), the 
                management entity presents to the Secretary a plan of 
                the activities of the management entity for the period 
                of the extension, including provisions for ensuring 
                that the management entity will become financially 
                independent (with respect to the Federal funds made 
                available under this Act).
                    (C) The Secretary, in consultation with each 
                Governor of a State in which the American Heritage Area 
                under the jurisdiction of the management entity is 
                located, approves such extension of funding.
            (3) Statutory interpretation.--No extension provided by the 
        Secretary pursuant to this subsection may be construed as 
        waiving any limitation on funding provided in this Act.

SEC. 8. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES.

    (a) Duties and Authorities of the Secretary.--
            (1) Technical and financial assistance.--
                    (A) In general.--The Secretary may, after an area 
                is designated as an American Heritage Area, upon 
                request of the management entity for the American 
                Heritage Area, provide technical and financial 
                assistance to the management entity to develop and 
                implement the management plan for the American Heritage 
                Area pursuant to this subsection.
                    (B) Priorities.--In providing assistance for the 
                American Heritage Area, the Secretary shall give 
                priority to activities that, in general, assist in--
                            (i) conserving the significant natural, 
                        historic, and cultural resources that support 
                        the themes of the American Heritage Area; and
                            (ii) providing educational, interpretive, 
                        and recreational opportunities consistent with 
                        the resources and associated values of the 
                        American Heritage Area.
                    (C) Spending for non-federally owned property.--The 
                Secretary may expend Federal funds directly on real 
                property that is not federally owned to further the 
                purposes of this Act, especially in providing 
                assistance to units of government for the appropriate 
                treatment of districts, sites, buildings, structures, 
                and objects listed or eligible for listing on the 
                National Register of Historic Places established under 
                section 101 of the National Historic Preservation Act 
                (16 U.S.C. 470a).
                    (D) Determinations by secretary.--(i) The Secretary 
                shall determine--
                            (I) which American Heritage Areas will be 
                        awarded technical and financial assistance 
                        pursuant to this Act; and
                            (II) the amount of such assistance; and
                    (ii) The Secretary shall make the determinations 
                described in clause (i) on the basis of the relative 
                degree to which each American Heritage Area effectively 
                fulfills the objectives of the management plan for the 
                American Heritage Area. In making such determinations, 
                the Secretary shall give consideration to projects that 
                provide for a relatively greater amount of leverage of 
                Federal funds.
                    (E) Recipients of assistance.--In carrying out 
                subparagraph (D), the Secretary may provide technical 
                and financial assistance to units of government and 
                nonprofit organizations that serve as management 
                entities and other units of government and nonprofit 
                entities that carry out projects pursuant to the 
                management plan.
            (2) Approval and disapproval of compacts, and management 
        plans.--
                    (A) In general.--The Secretary, in consultation 
                with the Governor of each State in which an area that 
                is the subject of a compact or management plan, shall 
                approve or disapprove a compact developed pursuant to 
                section 6(d)(2) submitted to the Secretary pursuant to 
                this Act or management plan developed pursuant to 
                section 6(d)(3) submitted pursuant to this Act not 
                later than 90 days after receiving such compact or 
                management plan.
                    (B) Action following disapproval.--(i) If the 
                Secretary disapproves a compact or management plan 
                pursuant to subparagraph (A), the Secretary shall--
                            (I) provide written notice of the 
                        disapproval to the person or entity that 
                        submitted the compact or management plan that 
                        includes the reasons for the disapproval; and
                            (II) make recommendations for revisions to 
                        the compact or management plan.
                    (ii) The Secretary shall approve or disapprove a 
                revised compact or management plan that is submitted to 
                the Secretary not later than 90 days after receiving 
                the revised compact or management plan.
            (3) Review of revision.--(A) The Secretary shall review any 
        substantial revision made by a management entity to a 
        management plan for an American Heritage Area and shall approve 
        or disapprove the revised management plan in accordance with 
        paragraph (2)(B)(ii).
            (B) The management entity may not expend funds made 
        available under this Act to carry out any revision to the 
        management plan that has not been approved by the Secretary.
            (C) The Secretary shall determine which American Heritage 
        Areas shall be awarded technical and financial assistance, and 
        the amount of such assistance. Such determinations shall be 
        based on the relative degree to which each Area most 
        effectively fulfills the objectives contained in the management 
        plan and shall give consideration to projects which provide a 
        greater leverage of Federal funds.
            (D) The Secretary may provide technical and financial 
        assistance to units of government and to nonprofit 
        organizations in carrying out the purposes of this Act.
            (4) Approval and disapproval of compacts, and management 
        plans.--
                    (A) The Secretary, in consultation with the 
                Governor of each State in which the proposed or 
                designated American Heritage Area is located, shall 
                approve or disapprove a compact or management plan 
                submitted under this Act not later than 90 days after 
                receiving such compact or management plan.
                    (B) If the Secretary disapproves a submitted 
                compact or management plan, the Secretary shall advise 
                the petitioner in writing of the reasons therefor and 
                shall make recommendations for revisions in the compact 
                or plan. The Secretary shall approve or disapprove a 
                proposed revision within 90 days after the date on 
                which the proposed revision is submitted to the 
                Secretary.
            (5) Approval of amendments.--The Secretary shall review 
        substantial amendments to management plans of American Heritage 
        Areas. Funds appropriated pursuant to this Act may not be 
        expended to implement the amendments until the Secretary 
        approves the amendments.
            (6) Annual report.--Not later than 1 year after the date of 
        enactment of this Act and annually thereafter, the Secretary 
        shall submit to Congress a report on the American Heritage 
        Areas Partnership Program. Such report shall include--
                    (A) the number, amounts, and recipients of, any 
                grants provided by the Secretary pursuant to this Act 
                and the nature of any technical assistance or early 
                action provided by the Secretary pursuant to this Act;
                    (B) a description of the areas nominated for the 
                American Heritage Areas Partnership Program;
                    (C) recommendations of the Secretary for areas to 
                be designated by Congress as American Heritage Areas; 
                and
                    (D) the status of the implementation of contractual 
                agreements entered into by the Secretary under the 
                American Heritage Areas Partnership Program.
            (7) Oversight of heritage areas.--The Secretary shall--
                    (A) investigate, study and continually monitor the 
                welfare of American Heritage Areas with respect to 
                which eligibility for Federal funding has expired; and
                    (B) periodically report to Congress on the then 
                current condition of each American Heritage Area and 
                any changes to the condition of such American Heritage 
                Area.
            (8) Providing information.--The Secretary, in cooperation 
        with the heads of other Federal agencies, shall provide the 
        general public with information concerning the location and 
        character of components of the American Heritage Areas 
        Partnership Program.
            (9) Promulgating regulations.--The Secretary shall 
        promulgate such regulations as are necessary to carry out this 
        Act.
    (b) Duties of Other Federal Agencies and Recipients of Federal 
Funding.--Any Federal entity that conducts or supports activities that 
directly affect a designated American Heritage Area, and any unit of 
government that acts pursuant to a grant of Federal funds or a Federal 
permit or agreement to conduct or support such activities shall, to the 
maximum extent practicable--
            (1) consult with the Secretary and the management entity 
        for the American Heritage Area with respect to such activities;
            (2) cooperate with the Secretary and the management entity 
        in carrying out the duties of the Secretary and the management 
        entity under this Act and coordinate such activities with 
        carrying out such duties; and
            (3) conduct or support such activities in a manner 
        consistent with the applicable management plan, unless the 
        appropriate official of the Federal entity, after consultation 
        with the Secretary and the appropriate official of the 
        management entity, determines there is no practicable 
        alternative to conducting the activity in a manner that is 
        inconsistent with such management plan.

SEC. 9. PRIVATE PROPERTY USE.

    A land use plan for a designated American Heritage Area may be 
adopted and implemented by a political subdivision of a State or a 
management entity authorized by applicable State law to exercise such 
authorities concerning private property use, pursuant to the applicable 
compact, and management plan developed under section 6, and any other 
binding agreement relating to the American Heritage Area that the 
partners supporting the American Heritage Area enter into to achieve 
the purposes of the designation of the area.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    (a) Feasibility Studies, Compacts, Management Plans, and Early 
Actions.--
            (1) In general.--Notwithstanding any other provision of law 
        and subject to the conditions in paragraph (2), for each fiscal 
        year there are authorized to be appropriated, from the Historic 
        Preservation Fund established under section 108 of the National 
        Historic Preservation Act (16 U.S.C. 470h) for use by the 
        Secretary making grants and providing technical assistance 
        pursuant to section 6, and carrying out related administrative 
        activities, $10,000,000, to remain available until expended.
            (2) Conditions.--(A) No grant referred to in paragraph (1) 
        for conducting a feasibility study, preparing a compact or 
        management plan, or carrying out an early action may exceed 75 
        percent of the cost to the grantee for activity covered under 
        the grant.
            (B) The total amount of Federal funding for conducting a 
        feasibility study for an American Heritage Area may not exceed 
        $100,000.
            (C) The total amount of Federal funding for the preparation 
        of a compact for an American Heritage Area under section 6 may 
        not exceed $150,000.
            (D) The total amount of Federal funding for the preparation 
        of a management plan for an American Heritage Area may not 
        exceed $150,000.
    (b) Management Entity Operations.--
            (1) In general.--Notwithstanding any other provision of 
        law, there are authorized to be appropriated from the Historic 
        Preservation Fund established under section 108 of the National 
        Historic Preservation Act (16 U.S.C. 470h) for use by the 
        Secretary, $250,000 for each fiscal year to fund the operating 
        costs of each management entity pursuant to section 7.
            (2) Limitation.--The Federal contribution to the operation 
        of the management entity shall not exceed 50 percent of the 
        annual operating costs of the management entity.
    (c) Implementation.--
            (1) In general.--Notwithstanding any other provision of 
        law, for each fiscal year, there are authorized to be 
        appropriated from the Historic Preservation Fund established 
        under section 108 of the National Historic Preservation Act (16 
        U.S.C. 470h) for use by the Secretary, $25,000,000 to make and 
        administer grants for the implementation of management plans 
        pursuant to section 8, to remain available until expended, 
        subject to the conditions described in paragraph (2).
            (2) Conditions.--The conditions described in this paragraph 
        are as follows:
                    (A) No grant for implementation may exceed 50 
                percent of the cost to the grantee of implementation.
                    (B) For each fiscal year, not more than 10 percent 
                of the amounts made available by appropriation shall be 
                made available for implementation activities in any one 
                American Heritage Area.
                    (C) Each grant payment shall be made subject to an 
                agreement that the conversion, use, or disposal of the 
                project that is the subject of the grant for purposes 
                contrary to the purposes of this Act, as determined by 
                the Secretary, shall result in a right of the United 
                States to reimbursement of all funds made available to 
                such project or the proportion of the increased value 
                of the project attributable to such funds as determined 
                at the time of such conversion, use, or disposal, 
                whichever is greater.
    (d) Limitation on Amounts Available for Technical Assistance.--For 
any one American Heritage Area, an amount equal to not more than 10 
percent of the total amount made available to such area under this 
section for a fiscal year may be made available for that fiscal year 
for technical assistance with respect to that area.
    (e) Covered Activities.--Notwithstanding any other provision of 
law, for the purposes of section 108 of the National Historic 
Preservation Act (16 U.S.C. 470h), the activities specified in 
subsections (a) through (c) shall be deemed to be activities covered 
under the National Historic Preservation Act (16 U.S.C. 470 et seq.).

SEC. 11. SUNSET PROVISION.

    This Act shall be effective during the period beginning on the date 
of enactment of this Act and ending on September 30 of the twenty-fifth 
calendar year beginning after the date of enactment of this Act.

SEC. 12. STATUTORY CONSTRUCTION.

    Nothing in this Act shall be construed to expand or diminish any 
authorities provided by laws designating individual national heritage 
areas or corridors established prior to the date of enactment of this 
Act.
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