[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2532 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 2532

      To provide for the establishment of national heritage areas.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 15, 1999

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

_______________________________________________________________________

                                 A BILL


 
      To provide for the establishment of national 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.

    (a) Short Title.--This Act may be cited as the ``National Heritage 
Areas Policy Act of 1999''.
    (b) Purposes.--The purposes of this Act are--
            (1) to recognize areas containing natural, historic, 
        scenic, and cultural resources and recreational and educational 
        opportunities that are geographically assembled and 
        thematically related as areas that provide unique frameworks 
        for understanding the great and diverse character of the Nation 
        and the development of communities and their surroundings;
            (2) to encourage State and local governments, nonprofit 
        organizations, and the private sector, or combinations thereof, 
        to conserve and manage those resources and opportunities;
            (3) to encourage within these areas a broad range of 
        economic opportunities which enhance the quality of life for 
        present and future generations;
            (4) to designate certain national heritage areas and to 
        prescribe the methods by which additional national heritage 
        areas may be designated from time to time; and
            (5) to define the limited role of the Federal government 
        with regard to national heritage areas.
    (c) Criteria for Designation.--An area shall be eligible for 
designation as a national heritage area only if the area meets each of 
the following criteria:
            (1) Assemblage of resources.--The area is a cohesive 
        assemblage of natural, historic, cultural, or recreational 
        resources that--
                    (A) together represent distinctive aspects of 
                American heritage worthy of recognition, conservation, 
                interpretation, and continuing use; and
                    (B) are best managed through partnerships between 
                private and non-Federal public entities.
            (2) Traditions, customs, beliefs, or folklife.--The area 
        reflects 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 provides outstanding opportunities to 
        conserve natural, cultural, or historic features, or some 
        combination thereof.
            (4) Recreational and educational opportunities.--The area 
        provides outstanding recreational and educational 
        opportunities.
            (5) Themes and integrity of resources.--The area has an 
        identifiable theme, and resources important to the theme retain 
        integrity capable of supporting interpretation.
            (6) Support.--Residents, nonprofit organizations, other 
        private entities, and governments throughout the proposed area 
        demonstrate support for designation of the area and for 
        management of the area as appropriate for such designation.
    (d) Designation of National Heritage Areas.--
            (1) Method of designation.--An area may be designated as a 
        national heritage area only by an Act of Congress.
            (2) Conditions for designation.--The Congress may designate 
        an area as a national heritage area only after--
                    (A) the Secretary completes a feasibility study 
                with respect to the area, pursuant to an Act of 
                Congress that provides specific authorization for such 
                study; and
                    (B) such study concludes that the area is 
                appropriate for designation as a national heritage 
                area.
    (e) Feasibility Studies and Recommendations.--
            (1) In general.--The Secretary shall submit (subject to 
        paragraph (4) and the availability of non-Federal contributions 
        for 50 percent of the applicable costs) to the Resources 
        Committee of the House of Representatives and the Energy and 
        Natural Resources Committee of the Senate a study on the 
        feasibility of designating any area as a national heritage 
        area. Such studies shall include the recommendations of the 
        Secretary with respect to the designation of such national 
        heritage areas.
            (2) Comments of the governor.--Before submitting any study 
        to the Congress under paragraph (1) with respect to a proposed 
        national heritage area, the Secretary shall solicit comments 
        from the Governor of each State in which the proposed national 
        heritage area is located. The Secretary shall include in such 
        study any comments which the Secretary receives from such 
        Governor within 90 days after the solicitation of such 
        comments.
            (3) Content of feasibility studies.--Each feasibility study 
        completed under this subsection shall include sufficient 
        information to determine whether an area meets, or has the 
        potential to meet, the criteria referred to in subsection (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) Resources and opportunities.--A description of 
                the natural, historic, and cultural resources and 
                recreational and educational opportunities presented by 
                the area, including an assessment of the quality and 
                integrity of, the availability of public access to, and 
                the themes represented by such resources and 
opportunities.
                    (B) Interest and impact.--An assessment of the 
                interest of, and impact of possible designation upon, 
                potential partners, units of government, nonprofit 
                organizations, and other private entities.
                    (C) Boundaries.--A description of the boundaries 
                for the proposed national heritage area.
                    (D) Conceptual framework.--A description of the 
                conceptual framework of the proposed national heritage 
                area.
            (4) Funding for feasibility studies.--For any feasibility 
        study prepared pursuant to this subsection, the costs assumed 
        by the Federal Government shall not exceed 50 percent of the 
        total costs of completing such study. The Secretary may 
        complete such a feasibility study only if the remaining share 
        of such costs is provided from non-Federal funds, services, or 
        materials, or a combination thereof, fairly valued as 
        determined by the Secretary.
    (f) Duties of the Secretary.--
            (1) In general.--The duties of the Secretary pursuant to 
        this section shall be limited to--
                    (A) completion of feasibility studies pursuant to 
                an Act of Congress;
                    (B) annual prioritization of grants for submission 
                to the Congress based on information received from 
                Governors in which national heritage areas are located;
                    (C) distribution of grants to local coordinating 
                entities; and
                    (D) technical assistance, upon request, to national 
                heritage areas.
            (2) Grants.--
                    (A) In general.--The Secretary may make grants with 
                respect to any national heritage area to any local 
                coordinating entity (as defined in subsection (i)) for 
                the purposes of this section. The Secretary shall 
                annually submit to the Congress a prioritized list of 
                projects at national heritage areas, consistent with 
                this section, based on submissions from the Governors 
                of States in which such areas are located. In 
                establishing such priorities, the Secretary shall 
                consider the relative degree to which each proposed 
                grant meets the objectives of the Heritage Plan for the 
                relevant national heritage area and the extent to which 
                the grant would leverage non-Federal funds.
                    (B) Eligibility for grants.--Grants may be made 
                under this subsection with respect to a national 
                heritage area only if the Governor of the State in 
                which such Area is located (or if such Area is located 
                in more than one State, the Governors of all such 
                States, acting together) designates a local 
                coordinating entity for such Area.
                    (C) Permitted and prohibited uses of grants.--
                            (i) Permitted uses.--Grants made under this 
                        subsection may be used for reports, studies, 
                        interpretive exhibits and programs, historic 
                        preservation projects, operational expenses of 
                        any local coordinating entity for the first 3 
                        fiscal years beginning after the date of the 
                        designation of such entity.
                            (ii) Prohibited uses.--Grants made under 
                        this subsection may not be used for--
                                    (I) acquisition of real property or 
                                any interest in real property; or
                                    (II) any other activity not 
                                specifically authorized in this 
                                subsection.
                    (D) Applicability of restrictions to subgrants.--
                For purposes of subparagraph (C), any subgrant made 
                from funds received as a grant (or subgrant) made under 
                this subsection shall be treated as a grant made under 
                this subsection.
                    (E) Protection of federal investment.--Any 
                construction grant made under this subsection shall be 
                subject to an agreement that conversion, use, or 
                disposal of the project so assisted for purposes 
                contrary to the purposes of this subsection shall 
                result in a right of the United States to compensation 
                from the beneficiary of the grant. Any such agreement 
                shall provide for a schedule for such compensation 
                based on the level of Federal investment and the 
                anticipated useful life of the project.
                    (F) Duration of eligibility for grants.--The 
                Secretary may not provide any grant under this 
                subsection with respect to any national heritage area 
                for any period occurring after the expiration of the 
                10-year period beginning on the date on which the 
                national heritage area is designated.
                    (G) Ineligibility for grants after 3 years unless 
                heritage plan submitted.--The Secretary may not provide 
                grants under this subsection with respect to any 
                national heritage area after the expiration of the 3-
                year period beginning on the date of the designation of 
                the local coordinating entity for such area unless, 
                before the expiration of such period--
                            (i) such entity submits a Heritage Plan for 
                        the Area to each Governor of a State in which 
                        such area is located, and
                            (ii) each such Governor approves the 
                        Heritage Plan and at least one such Governor 
                        forwards a copy of the Heritage Plan to the 
                        Secretary.
                    (H) Technical assistance.--The Secretary may 
                provide technical assistance with respect to this 
                subsection.
                    (I) Previously existing heritage areas.--The 
                Secretary may provide grants and technical assistance 
                under this subsection with respect to any area which 
                has been designated by an Act of Congress, before the 
                date of the enactment of this Act, as a heritage area 
or heritage corridor, as if such area or corridor had been designated a 
national heritage area under this section. The Secretary may not 
provide any grant under this subsection with respect to any such 
heritage area or corridor after the earlier of--
                            (i) the last day on which the area or 
                        corridor is eligible for Federal funding or 
                        assistance under the statute designating such 
                        heritage area or corridor; or
                            (ii) the expiration of the 10-year period 
                        beginning on the date of the enactment of this 
                        Act.
    (g) Local Coordinating Entity.--For purposes of this subsection, 
the term ``local coordinating entity'' means, with respect to any 
national heritage area, an entity designated by the Governor which 
agrees to perform each of the following duties:
            (1) Heritage plan.--
                    (A) Preparation.--The entity agrees to complete a 
                heritage plan.
                    (B) Contents of the heritage plan.--Each heritage 
                plan prepared pursuant to this section shall present 
                comprehensive recommendations for the conservation, 
                funding, management, and development of a national 
                heritage area and of the historical, cultural, and 
                natural resources and the recreational and educational 
                opportunities of the area, in a manner consistent with 
                the economic viability of the area. Each such heritage 
                plan shall also include a program for implementation of 
                the heritage plan by the local coordinating entity and 
                specific commitments for the first 5 years of operation 
                of the heritage plan.
            (2) Consideration of interests of local groups.--The entity 
        agrees to consider the interests of diverse units of 
        government, businesses, tourism officials, private property 
        owners, and nonprofit groups within the geographic area in 
        developing and implementing the Heritage Plan for the area.
            (3) Public meetings.--The entity agrees to conduct public 
        meetings at least annually regarding the implementation of the 
        Heritage Plan for the area. The local coordinating entity shall 
        place a notice of each such meeting in a newspaper of general 
        circulation in the area and shall make the minutes of the 
        meeting available to the public.
    (h) Private Property Protection.--
            (1) Access to private property.--No provision of this 
        section shall be construed to require any private property 
        owner to permit public access (or Federal, State, or local 
        government access) to such private property. No provision of 
        this section shall be construed to modify any provision of 
        Federal, State, or local law with regard to public access to or 
        use of private lands. Designation of a national heritage area 
        in accordance with this section shall not be deemed to create 
        any liability, or to have any effect on any liability (under 
        any other law), of any private property owner with respect to 
        any persons injured on such private property.
            (2) Recognition of authority to control land use.--No 
        provision of this section shall be construed to modify any 
        authority of Federal, State, or local governments to regulate 
        land use.
            (3) Participation of private property owners in national 
        heritage areas.--No provision of this section shall be 
        construed to require any private property owner located within 
        the boundary of any national heritage area to participate in or 
        be associated with any national heritage area.
    (i) Savings Provisions.--
            (1) Rules, regulations, standards, and permit processes.--
        No provision of this section shall be construed to impose any 
        environmental, occupational, safety, or other rule, regulation, 
        standard, or permit process that is different from those that 
        would be applicable had a national heritage area not been 
        established.
            (2) Water and water rights.--No provision of this section 
        shall be construed to authorize or imply the reservation or 
        appropriation of water or water rights.
            (3) No diminishment of state authority.--No provision of 
        this section shall be construed to diminish the authority of 
        the State containing any national heritage area to manage fish 
        and wildlife, including the regulation of fishing and hunting 
        within the area.
            (4) Savings provision for previously designated areas.--
        Except as specified in subsection (l), no provision of this 
        section shall be construed to expand or diminish any authority 
        contained in any law that designates, before the date of the 
        enactment of this section, a heritage area or heritage 
        corridor.
    (j) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated 
        annually for grants made and technical assistance provided 
        under subsection (f) not more than $10,000,000, to remain 
        available until expended.
            (2) Prohibition on federal administrative fee.--Funds may 
        be appropriated under this section only for direct transfer by 
        the Secretary to a local coordinating entity or for feasibility 
        studies.
            (3) Limitation on percent of cost.--Federal funding 
        provided under this section for any grant with respect to a 
        national heritage area may not exceed 50 percent of the total 
        cost of the activity with respect to which such grant is 
        provided.
            (4) Limitation on total funding for each national heritage 
        area.--Not more than a total of $10,000,000 may be made 
        available under this section with respect to each national 
        heritage area.
            (5) Limitation on annual funding for each national heritage 
        area.--Not more than $1,000,000 may be made available under 
        this section with respect to each national heritage area for 
        any fiscal year.
            (6) Application of funding limits to existing areas.--
                    (A) In general.--The aggregate appropriations, 
                under this section and any other Act for any fiscal 
                year beginning after the date of the enactment of this 
                Act, to the Secretary (acting through the National Park 
                Service) for any area designated before such date as a 
                heritage area or heritage corridor may not exceed the 
                maximum amount which could have been appropriated with 
                respect to the area or corridor under this section for 
                such fiscal year if the area or corridor were a 
                national heritage area designated in accordance with 
                this section.
                    (B) Application of limit on total funding for 
                area.--For purposes of paragraph (4) (and subparagraph 
                (A) as applied with respect to paragraph (4)), all 
                Federal funding made available (before, on, or after 
                the date of the enactment of this section) by the 
                Secretary (acting through the National Park Service) 
                with respect to a heritage area or heritage corridor 
                described in subparagraph (A) shall be treated as 
                funding made available under this subsection.
                    (C) Inclusion in limit on funding under this 
                section.--For purposes of the $10,000,000 limitation 
                contained in paragraph (1), all amounts appropriated to 
                the Secretary (acting through the National Park 
                Service) after the date of the enactment of this Act, 
                under this section or any other Act, for heritage areas 
                and heritage corridors described in subparagraph (A) 
                shall be treated as appropriated under such paragraph.
            (7) Prohibition on use of funds to supplement national park 
        system.--No funds authorized to be appropriated under this 
        section may be used to supplement funding or programs at any 
        unit of the National Park System.
    (k) Definitions.--For purposes of this section:
            (1) National heritage area.--The term ``national heritage 
        area'' means a place designated by the Congress where natural, 
        cultural, historic, and recreational 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.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (3) Unit of government.--The term ``unit of government'' 
        means the government of a State, a political subdivision of a 
        State, or an Indian tribe. For purposes of the preceding 
        sentence, the term ``State'' includes the District of Columbia, 
        Guam, the Virgin Islands, American Samoa, the Commonwealth of 
        Puerto Rico, or the Commonwealth of the Northern Mariana 
        Islands.
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