[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1280 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 1280

To establish guidelines for the designation of National Heritage Areas, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 21, 1995

 Mr. Hefley (for himself and Mr. Torkildsen) introduced the following 
         bill; which was referred to the Committee on Resources

_______________________________________________________________________

                                 A BILL


 
To establish guidelines for the designation of National Heritage Areas, 
                        and for other purposes.

    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 ``Technical Assistance Act of 1995''.

SEC. 2. CONGRESSIONAL FINDINGS.

    The Congress finds that--
            (1) certain areas of the United States represent the 
        diversity of the national character through 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) in these areas, natural, historic, or cultural 
        resources, or some combination thereof, combine to form a 
        cohesive, nationally distinctive landscape arising from 
        patterns of human activity shaped by geography;
            (3) these areas represent the national experience through 
        the physical features that remain and the traditions that have 
        evolved in the areas;
            (4) continued use and adaptive reuses of the natural and 
        cultural fabric within these areas by people whose traditions 
        helped to shape the landscapes enhance the significance of the 
        areas; and
            (5) the complexity and character of these areas distinguish 
        them and call for a distinctive system of recognition and 
        management.

SEC. 3. STATEMENT OF PURPOSE.

    The purposes of this Act are--
            (1) to recognize that the natural, historic, scenic, and 
        cultural resources and recreational opportunities of the United 
        States represent and are important to the great and diverse 
        character of the Nation, and that these resources and 
        opportunities must be wisely managed so they may be passed on 
        to future generations;
            (2) to recognize that combinations of such resources and 
        opportunities, as they are geographically assembled and 
        thematically related, form areas that provide unique frameworks 
        for understanding the historical, cultural, and natural 
        development of communities and their surroundings;
            (3) to encourage appropriate partnerships among Federal 
        agencies, State and local governments, nonprofit organizations, 
        and the private sector, or combinations thereof, to conserve 
        and manage those resources and opportunities;
            (4) to encourage within these areas a broad range of 
        economic opportunities which enhance the quality of life for 
        present and future generations;
            (5) to authorize the Secretary of the Interior to provide 
        technical assistance to State and local governments and private 
        nonprofit organizations, or combinations thereof, to study and 
        promote the potential for conserving and interpreting these 
        areas; and
            (6) to prescribe the process by which areas may be 
        designated as National Heritage Areas and the standards 
according to which areas may be assessed for eligibility for such 
designation.

SEC. 4. DEFINITIONS.

    For purposes of this Act:
            (1) Compact.--The term ``compact'' means a compact 
        described in section 6(a)(2).
            (2) Feasibility study.--The term ``feasibility study'' 
        means a study described in section 6(a)(1).
            (3) 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.
            (4) Management plan.--The term ``management plan'' means a 
        plan described in section 6(a)(3).
            (5) National heritage area.--The term ``National Heritage 
        Area'' means a place designated by the Congress where natural, 
        cultural, and historic resources combine to form a cohesive, 
        nationally distinctive landscape arising from patterns of human 
        activity shaped by geography. These patterns make National 
        Heritage Areas representative of the national experience 
        through the physical features that remain and the traditions 
        that have evolved in the areas. Continued use of National 
        Heritage areas by people whose traditions helped to shape the 
        landscapes enhances their significance.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (7) Technical assistance.--The term ``technical 
        assistance'' includes preparation of plans, compacts, resource 
        inventories, and feasibility studies and professional guidance 
        provided by the Secretary.
            (8) Unit of government.--The term ``unit of government'' 
        means the government of a State or Commonwealth, a political 
        subdivision of a State or Commonwealth, or an Indian tribe.

SEC. 5. NATIONAL HERITAGE AREAS PARTNERSHIP PROGRAM.

    (a) Establishment.--In order to conserve nationally distinctive 
natural, historic, scenic, and cultural resources, and to provide 
opportunities for conservation, education, and recreation through 
recognition of and assistance to areas containing such resources, there 
is hereby established within the Department of the Interior a National 
Heritage Areas Partnership Program, which shall assist the Secretary in 
carrying out this Act.
    (b) General Authority of Secretary.--In accordance with the 
purposes of this Act, the Secretary is authorized--
            (1) to evaluate, in accordance with the criteria 
        established in subsection (c), areas nominated under this Act 
        for designation as National Heritage Areas; and
            (2) to advise State and local governments, nonprofit 
        organizations, and other appropriate entities regarding 
        suitable methods of recognizing and conserving thematically and 
        geographically linked natural, historic, and cultural resources 
        and recreational opportunities.
    (c) Criteria.--To be eligible for designation as a National 
Heritage Area, an area shall meet each of the following criteria:
            (1) Assemblage of resources.--The area shall be an 
        assemblage of natural, historic, or cultural resources that--
                    (A) together represent distinctive aspects of 
                American heritage worthy of recognition, conservation, 
                interpretation, and continuing use; and
                    (B) are best managed as such an assemblage, through 
                partnerships among public and private entities.
            (2) Traditions, customs, beliefs, or folklife.--The area 
        shall reflect traditions, customs, beliefs, or folklife, or 
        some combination thereof, that are a valuable part of the story 
        of the Nation.
            (3) Conservation of natural, cultural, or historic 
        features.--The area shall provide outstanding opportunities to 
        conserve natural, cultural, or historic features, or some 
        combination thereof.
            (4) Recreational and educational opportunities.--The area 
        shall provide outstanding recreational and educational 
        opportunities.
            (5) Themes and integrity of resources.--The area shall have 
        an identifiable theme or themes, and resources important to the 
        theme or themes shall retain integrity capable of supporting 
        interpretation.
            (6) Support.--Residents, nonprofit organizations, other 
        private entities, and governments within the proposed area 
        shall demonstrate support for designation of the area and for 
        management of the area as appropriate for such designation.
            (7) Agreements.--The principal organization and units of 
        government supporting the designation shall be willing to 
        commit to agreements to work in partnership to implement the 
        compact for the area.
            (8) Consistency with economic viability.--The compact shall 
        be consistent with continued economic viability in the affected 
        communities.
            (9) Consent of local governments.--No privately owned 
        property shall be included within the boundaries of the area 
        unless the government of the county, city, or town in which the 
        property is located agrees to be so included and submits 
        notification of such agreement to the Secretary.
    (d) Conditions for Designation.--An area may be designated as a 
National Heritage Area only by an Act of Congress. The Congress may 
designate an area as a National Heritage Area only after each of the 
following conditions is met:
            (1) Submission of study, compact, and statement of approval 
        to secretary.--An entity requesting National Heritage Area 
        designation for the area submits to the Secretary--
                    (A) a feasibility study and compact; and
                    (B) a statement, from the Governor of each State in 
                which the proposed National Heritage Area lies, that 
                such Governor approves of the requested National 
                Heritage Area designation.
            (2) Approval and submission by secretary.--The Secretary 
        approves, pursuant to section 6(b), the compact referred to in 
        paragraph (1) and submits the feasibility study for the area 
        and the compact to the Congress together with any comments that 
        the Secretary deems appropriate regarding a preferred action.

SEC. 6. FEASIBILITY STUDIES, COMPACTS, AND MANAGEMENT PLANS.

    (a) Contents and Requirements.--
            (1) Feasibility studies.--Each feasibility study submitted 
        under this Act shall include sufficient information to 
        determine whether an area has the potential to meet the 
        criteria referred to in section 5(c). Each such feasibility 
        study shall be prepared with public participation. Each such 
        feasibility study shall include, but need not be limited to, 
        each of the following:
                    (A) A description of the natural, historic, and 
                cultural resources and recreational opportunities 
                presented by the area, including an assessment of the 
                quality and degree of integrity of, the availability of 
                public access to, and the themes represented by such 
                resources and opportunities.
                    (B) An assessment of the interest of and impact 
                upon potential partners, units of government, nonprofit 
                organizations, and other private entities, including 
                property owners.
                    (C) A description of tentative boundaries for a 
                National Heritage Area proposed to be established in 
                the area.
                    (D) Identification of a possible management entity 
                for a National Heritage Area proposed to be established 
                in the area.
            (2) Compacts.--
                    (A) In general.--A compact submitted under this Act 
                shall include information relating to the objectives 
                and management of an area proposed for designation as a 
                National Heritage Area. Such information shall include, 
                but not be limited to, each of the following:
                            (i) A delineation of the boundaries of the 
                        proposed National Heritage Area.
                            (ii) A discussion of the goals and 
                        objectives of the proposed National Heritage 
                        Area, including an explanation of the approach, 
                        proposed by the partners referred to in clause 
                        (iv), to conservation and interpretation of 
                        resources.
                            (iii) An identification and description of 
                        the management entity that will administer the 
                        proposed National Heritage Area.
                            (iv) A list of the initial partners to be 
                        involved in developing and implementing the 
                        management plan for the proposed National 
                        Heritage Area, and a statement of the financial 
                        commitment of the partners.
                            (v) A description of the role of the State 
                        or States in which the proposed National 
                        Heritage Area is located.
                    (B) Preparation of and actions called for in 
                compact.--
                            (i) Preparation.--The compact shall be 
                        prepared with public participation.
                            (ii) Actions.--Actions called for in the 
                        compact shall be likely to be initiated within 
                        a reasonable time after designation of the 
                        proposed National Heritage Area and shall 
                        ensure effective implementation of the State 
                        and local aspects of the compact.
            (3) Management plans.--A management plan submitted under 
        this Act for a National Heritage Area shall present 
        comprehensive recommendations for the conservation, funding, 
        management, and development of the area. The plan shall be 
        prepared with public participation. The plan shall take into 
        consideration existing Federal, State, county, and local plans 
        and involve residents, public agencies, and private 
        organizations in the area. The plan shall include a description 
        of actions that units of government and private organizations 
        are recommended to take to protect the resources of the area. 
        The plan shall specify existing and potential sources of 
        funding for the conservation, management, and development of 
        the area. The plan also shall include the following, as 
        appropriate:
                    (A) An inventory of the resources contained in the 
                National Heritage Area, including a list of property in 
                the area that should be conserved, restored, managed, 
                developed, or maintained because of the natural, 
                cultural, or historic significance of the property as 
                it relates to the themes of the area.
                    (B) A recommendation of policies for resource 
                management that consider and detail the application of 
                appropriate land and water management techniques, 
                including (but not limited to) the development of 
                intergovernmental cooperative agreements to manage the 
                historical, cultural, and natural resources and the 
                recreational opportunities of the area in a manner 
                consistent with the support of appropriate and 
                compatible economic viability.
                    (C) A program, including plans for restoration and 
                construction, for implementation of the management plan 
                by the management entity specified in the compact for 
                the area and specific commitments, for the first 5 
                years of operation of the plan, by the partners 
                identified in the compact.
                    (D) An analysis of means by which Federal, State, 
                and local programs may best be coordinated to promote 
                the purposes of this Act.
                    (E) An interpretive plan for the National Heritage 
                Area.
    (b) Approval and Disapproval of Compacts.--
            (1) In general.--The Secretary, in consultation with the 
        Governors of each State in which the relevant National Heritage 
        Area, or proposed area, is located, shall approve or disapprove 
        every compact submitted under this Act not later than 90 days 
        after receiving such compact.
            (2) Disapproval and revisions.--If the Secretary 
        disapproves a compact submitted under this Act, the Secretary 
        shall advise the submitter, in writing, of the reasons for the 
        disapproval and shall make recommendations for revisions of the 
        compact. The Secretary shall approve or disapprove a proposed 
        revision to such a compact within 90 days after the date on 
        which the revision is submitted to the Secretary.

SEC. 7. MANAGEMENT ENTITIES.

    (a) Duties of Management Entity.--The management entity for a 
National Heritage Area shall do each of the following:
            (1) Management plan.--The management entity shall develop 
        and submit to the Secretary a management plan not later than 3 
        years after the date of the designation of the area as a 
        National Heritage Area.
            (2) Priorities.--The management entity shall give priority 
        to the implementation of actions, goals, and policies set forth 
        in the compact and management plan for the area, including--
                    (A) assisting units of government, regional 
                planning organizations, and nonprofit organizations--
                            (i) in conserving the National Heritage 
                        Area;
                            (ii) in establishing and maintaining 
                        interpretive exhibits in the area;
                            (iii) in developing recreational 
                        opportunities in the area;
                            (iv) in increasing public awareness of and 
                        appreciation for the natural, historical, and 
                        cultural resources of the area;
                            (v) in the restoration of historic 
                        buildings that are located within the 
                        boundaries of the area and relate to the themes 
                        of the area; and
                            (vi) in ensuring that clear, consistent, 
                        and environmentally appropriate signs 
                        identifying access points and sites of interest 
                        are put in place throughout the area; and
                    (B) consistent with the goals of the management 
                plan, encouraging economic viability in the affected 
                communities by appropriate means.
            (3) Consideration of interests of local groups.--The 
        management entity shall, in developing and implementing the 
        management plan for the area, consider the interests of diverse 
        units of government, businesses, private property owners, and 
        nonprofit groups within the geographic area.
            (4) Public meetings.--The management entity shall conduct 
        public meetings at least quarterly regarding the implementation 
        of the management plan for the area.
    (b) Disqualification for Federal Funding.--If a management plan 
regarding a National Heritage Area is not submitted to the Secretary as 
required under subsection (a)(1) within the time specified in such 
subsection, the National Heritage Area shall cease to be eligible for 
technical assistance under this Act until such a plan regarding the 
National Heritage Area is submitted to the Secretary.
    (c) Prohibition of Acquisition of Real Property.--A management 
entity for a National Heritage Area may not use Federal funds received 
under this Act to acquire real property or any interest in real 
property.
    (d) Duration of Eligibility for Technical Assistance.--A management 
entity for a National Heritage Area shall be eligible to receive 
technical assistance from funds appropriated pursuant to this Act for a 
13-year period beginning on the day on which the National Heritage Area 
is designated.

SEC. 8. WITHDRAWAL OF DESIGNATION.

    (a) In General.--The National Heritage Area designation of an area 
shall continue unless--
            (1) the Secretary determines that--
                    (A) the National Heritage Area no longer meets the 
                criteria referred to in section 5(c);
                    (B) the parties to the compact approved in relation 
                to the area under section 6(b) are not in compliance 
                with the terms of the compact;
                    (C) the management entity of the area has not made 
                reasonable and appropriate progress in developing or 
                implementing the management plan for the area; or
                    (D) the use, condition, or development of the area 
                is incompatible with the criteria referred to in 
                section 5(c) or with the compact approved in relation 
                to the area under section 6(b); and
            (2) after making a determination referred to in paragraph 
        (1), the Secretary submits to the Congress notification that 
        the National Heritage Area designation of the area should be 
        withdrawn.
    (b) Public Hearing.--Before the Secretary makes a determination 
referred to in subsection (a)(1) regarding a National Heritage Area, 
the Secretary or a designee shall hold a public hearing within the 
area.
    (c) Time of Withdrawal of Designation.--
            (1) In general.--The withdrawal of the National Heritage 
        Area designation of an area shall become final 90 legislative 
        days after the Secretary submits to the Congress the 
        notification referred to in subsection (a)(2) regarding the 
        area.
            (2) Legislative day.--For purposes of this subsection, the 
        term ``legislative day'' means any calendar day on which both 
        Houses of the Congress are in session.

SEC. 9. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES.

    (a) Duties and Authorities of Secretary.--
            (1) Technical assistance.--
                    (A) In general.--The Secretary may provide 
                technical assistance to units of government and private 
                nonprofit organizations regarding feasibility studies 
                and compacts and, upon request of the management entity 
                for the relevant National Heritage Area, regarding 
                management plans and their implementation.
                    (B) Prohibition of certain requirements.--The 
                Secretary may not, as a condition of the award of 
                technical assistance under this section, require any 
                recipient of such technical assistance to enact or 
                modify land use restrictions.
            (2) Determinations regarding assistance.--The Secretary 
        shall decide which National Heritage Areas shall be awarded 
        technical assistance and the amount of the assistance. Such 
        decisions shall be based on the relative degree to which each 
        National Heritage Area effectively fulfills the objectives 
        contained in the management plan for the area and achieves the 
        purposes of this Act. Such decisions shall give consideration 
        to projects which provide a greater leverage of Federal funds.
            (3) Oversight of heritage areas with expired eligibility.--
        The Secretary shall investigate, study, and monitor the welfare 
        of all National Heritage Areas whose eligibility for technical 
        assistance under this title has expired and shall report to the 
        Congress periodically regarding the condition of such National 
        Heritage Areas.
            (4) Provision of information.--In cooperation with other 
        Federal agencies, the Secretary shall provide the general 
        public with information regarding the location and character of 
        National Heritage Areas.
    (b) Duties of Other Federal Agencies.--Any Federal entity 
conducting any activity directly affecting any National Heritage area 
shall consider the potential effect of the activity on the management 
plan for the area and shall consult with the Governor of the State or 
Commonwealth containing the area with respect to the activity to 
minimize the adverse effects of the activity on the area.

SEC. 10. LACK OF EFFECT ON LAND USE REGULATION.

    (a) Lack of Effect on Authority of Governments.--Nothing in this 
Act shall be construed to modify, enlarge, or diminish any authority of 
Federal, State, or local governments to regulate any use of land as 
provided for by law or regulation.
    (b) Lack of Zoning or Land Use Powers of Entity.--Nothing in this 
Act shall be construed to grant powers of zoning or land use to any 
management entity for a National Heritage Area.

SEC. 11. FISHING AND HUNTING SAVINGS CLAUSE.

    (a) No Diminishment of State Authority.--The designation of a 
National Heritage Area shall not diminish the authority of the affected 
State or Commonwealth to manage fish and wildlife, including the 
regulation of fishing and hunting within such Area.
    (b) No Conditioning of Approval and Assistance.-- The Secretary may 
not make limitations on fishing, hunting, or trapping a condition for 
the approval of a compact or the determination of eligibility for 
technical assistance under this Act, and neither the Secretary nor any 
other Federal agency may make such limitations a condition for the 
receipt, in connection with the National Heritage Area status of an 
area, of any other form of assistance from the Secretary or such 
agencies.

SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is hereby authorized to be appropriated for 
technical assistance pursuant to section 9(a), and the administration 
of such assistance, annually not more than $8,000,000, to remain 
available until expended.
    (b) Percent of Cost.--Technical assistance under this Act for a 
feasibility study, compact, or management plan may not exceed 75 
percent of the cost for such study, compact, or plan.
    (c) Limitation on Total Funding for Each Area.--Not more than a 
total of $1,000,000 may be made available under this section to each 
National Heritage Area.
    (d) Limitation on Annual Funding.--The amount of Federal funding 
made available under this section for a National Heritage Area for a 
fiscal year may not exceed $150,000.

SEC. 13. EXPIRATION OF AUTHORITIES.

    The authorities contained in this Act shall expire on September 30 
of the 15th fiscal year beginning after the date of the enactment of 
this Act.

SEC. 14. REPORT.

    The Secretary shall submit to the Congress, every 5 years while the 
authorities contained in this Act remain in force, a report on the 
status and accomplishments of the National Heritage Areas Partnership 
Program as a whole.

SEC. 15. SAVINGS PROVISION.

    Nothing in this Act shall be construed to expand or diminish any 
authorities contained in any law that designates an individual National 
Heritage Area or Corridor before the date of the enactment of this Act.
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