[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2388 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 2388
To establish the criteria and mechanism for the designation and support
of national heritage areas.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 28, 2001
Mr. Hefley introduced the following bill; which was referred to the
Committee on Resources
_______________________________________________________________________
A BILL
To establish the criteria and mechanism for the designation and support
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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``National Heritage
Areas Policy Act of 2001''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Purposes.
Sec. 3. Definitions.
Sec. 4. Recommendation of designation of national heritage areas.
Sec. 5. Requirements applicable to feasibility studies.
Sec. 6. Grants to support designated national heritage areas.
Sec. 7. Technical assistance to the local coordinating entities.
Sec. 8. Management plans.
Sec. 9. Termination of designation.
Sec. 10. Private property protection.
Sec. 11. Relationship to other Federal programs.
Sec. 12. Savings provisions.
Sec. 13. Funding provisions.
SEC. 2. PURPOSES.
The purposes of this Act are the following:
(1) To provide for recognition of areas in the United
States containing natural, historic, 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 United States 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 the resources and opportunities in these
areas.
(3) To encourage within these areas a broad range of
economic opportunities to enhance the quality of life for
present and future generations, consistent with existing State,
local, and Federal land use laws and authorities.
(4) To establish the criteria and mechanism for the
designation of certain of these areas as national heritage
areas.
(5) To describe the extent of Federal responsibilities and
duties in regard to national heritage areas.
SEC. 3. DEFINITIONS.
In this Act:
(1) Feasibility study.--The term ``feasibility study''
means a study conducted by the Secretary, or conducted by one
or more others and approved by the Secretary, regarding the
feasibility of designating any area as a national heritage
area.
(2) Local coordinating entity.--The term ``local
coordinating entity'' means, with respect to a national
heritage area, an entity agreed to by a preponderance of the
units of local government within the boundaries of a national
heritage area and designated by the Secretary in consultation
with the chief executive officer of each State in which the
national heritage area is located that agrees to perform the
duties of a local coordinating committee under this Act.
(3) National heritage area.--The term ``national heritage
area'' means an area or corridor designated by an Act of
Congress as an area where natural, cultural, historic, and
recreational resources combine to form a cohesive, nationally
distinctive landscape arising from patterns of human activity
shaped by geography.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) State.--The term ``State'' includes the District of
Columbia, Guam, the Virgin Islands, American Samoa, the
Commonwealth of Puerto Rico, and the Commonwealth of the
Northern Mariana Islands.
(6) Unit of government.--The term ``unit of government''
means the government of a State, a political subdivision of a
State, or an Indian tribe.
SEC. 4. RECOMMENDATION OF DESIGNATION OF NATIONAL HERITAGE AREAS.
(a) Conditions for Designation.--The Secretary may recommend an
area for designation as a national heritage area only after--
(1) the Secretary conducts or approves a feasibility study
for the area in accordance with section 5;
(2) the study concludes that the area is appropriate for
designation as a national heritage area; and
(3) the Secretary, in accordance with section 8, approves a
management plan for the area developed by the local
coordinating entity for the area.
(b) Prioritization.--The Secretary shall annually submit to the
Congress a prioritization of areas for the conduct of feasibility
studies under section 5 and consideration for designation as national
heritage areas, based on information received from the chief executive
officers of States in which such national heritage areas would be
located.
SEC. 5. REQUIREMENTS APPLICABLE TO FEASIBILITY STUDIES.
(a) In General.--The Secretary may conduct a study regarding the
feasibility of designating any area as a national heritage area or
approve such a study conducted by another person, only in accordance
with this section.
(b) Funding for Study.--The costs paid by the Federal Government to
conduct a feasibility study shall not exceed 50 percent of the total
costs of conducting the study. The Secretary may conduct the
feasibility study only if the remaining share of such costs is provided
from non-Federal funds, services, or materials, or a combination
thereof.
(c) Study Process and Content.--Each feasibility study--
(1) shall include sufficient information to determine
whether an area meets the criteria specified in subsection (d);
(2) shall be prepared with public participation and local
government involvement; and
(3) shall include--
(A) 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) an assessment of the interest of, and impact of
possible designation upon, potential partners, units of
government, nonprofit organizations, and other private
entities;
(C) a description of the boundaries and conceptual
framework for the proposed national heritage area, if
the study concludes that all or a portion of an area is
appropriate for designation as a national heritage
area; and
(D) identification of a local coordinating entity
agreed to by a preponderance of the units of local
government within the boundaries of the proposed area.
(d) Criteria for Concluding Area Is Appropriate for Designation.--
(1) In general.--A feasibility study may conclude that an
area is appropriate for designation as a national heritage area
only if the study finds that the area meets each of the
following criteria:
(A) Assemblage of resources.--The area is a
cohesive assemblage of natural, historic, cultural, or
recreational resources that--
(i) together represent distinctive aspects
of American heritage worthy of recognition,
conservation, interpretation, and continuing
use; and
(ii) are best managed through partnerships
between private and public entities.
(B) Traditions, customs, beliefs, or folklife.--The
area reflects traditions, customs, beliefs, or
folklife, or some combination thereof, that are a
valuable part of the history of the United States.
(C) Conservation of natural, cultural, or historic
features.--The area provides opportunities to conserve
natural, cultural, or historic features, or some
combination thereof.
(D) Recreational and educational opportunities.--
The area provides outstanding recreational and
interpretive opportunities.
(E) Themes and integrity of resources.--The area
has an identifiable theme, and resources important to
the theme retain integrity capable of supporting
interpretation.
(F) Support.--Residents, nonprofit organizations,
other private entities, and governments throughout the
area demonstrate support for designation of the area as
a national heritage area and for management of the area
as appropriate for such designation.
(G) Local government endorsement.--Letters of
support for the designation of the area as a national
heritage area have been provided by participating units
of local government within the proposed boundaries of
the area.
(2) Diverse and noncontiguous resources.--Notwithstanding
paragraph (1)(A), a heritage area may include diverse and
noncontiguous resources and active communities.
(e) Comments of State Chief Executive Officer.--Before submitting
any feasibility study to the Congress regarding a proposed national
heritage area, the Secretary shall solicit comments from the chief
executive officer of each State in which the national heritage area is
proposed to be located. The Secretary shall include in the study any
comments the Secretary receives from the chief executive officer.
(f) Submission of Feasibility Study.--Upon completion or approval
by the Secretary of a feasibility study, the Secretary shall submit the
study to the Committee on Resources of the House of Representatives and
the Committee on Energy and Natural Resources of the Senate. The
Secretary shall include with the study the recommendations of the
Secretary with respect to the proposed designation to which the study
relates.
SEC. 6. GRANTS TO SUPPORT DESIGNATED NATIONAL HERITAGE AREAS.
(a) Authority To Make Grants.--
(1) In general.--The Secretary may make grants in
accordance with this section to the local coordinating entity
for a national heritage area for activities authorized by
subsection (c).
(2) Prioritization of grants.--The Secretary shall annually
submit to the Congress a prioritized list of projects for which
grants are proposed under this section for national heritage
areas. Each such list must be consistent with this Act and
based on information submitted by the chief executive officers
of States in which national heritage areas are located. In
establishing each list, the Secretary shall consider the
relative degree to which each proposed project meets the
objectives of the management plan for a 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 section
with respect to any national heritage area designated under this Act
only if the Secretary, in consultation with the chief executive officer
of the State in which the area is located (or if the area is located in
more than one State, the chief executive officers of all such States,
acting together), has designated a local coordinating entity for the
area.
(c) Authorized Uses of Grants.--
(1) In general.--Grants under this section may be used by a
local coordinating entity for--
(A) reports, studies, interpretive exhibits and
programs, historic preservation projects, and other
activities recommended in the management plan for the
national heritage area; and
(B) operational expenses of the local coordinating
entity incurred in the first 3 fiscal years beginning
after the date of the designation of the local
coordinating entity.
(2) Prohibited uses of grants.--Grants under this section
may not be used for--
(A) the acquisition of real property or any
interest in real property; or
(B) any other activity not specifically authorized
by paragraph (1).
(d) Limitation on Costs Paid With Grant.--The amount of any grant
under this section may not exceed 50 percent of the total cost of the
activity for which the grant is provided.
(e) Applicability of Restrictions to Subgrants.--For purposes of
subsection (c), any subgrant made from funds received as a grant (or
subgrant) under this section shall be treated as a grant made under
this section.
(f) Protection of Federal Investment.--The Secretary shall require
that each grant under this section shall be subject to an agreement
that conversion, use, or disposal of the project assisted with the
grant for purposes contrary to the purposes for which the grant was
made 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.
(g) Duration of Eligibility for Grants.--
(1) Ten-year eligibility period.--Subject to paragraphs (2)
and (3), the Secretary may not provide any grant under this
section with respect to a 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.
(2) Three-year eligibility for new areas unless management
plan submitted.--The Secretary may not, with respect to a
national heritage area designated after the date of enactment
of this Act, provide any grant under this section after the
expiration of the 3-year period beginning on the date of the
designation of the local coordinating entity for the area
unless--
(A) the entity submits to the Secretary a
management plan for the area that the Secretary
determines has been endorsed by a preponderance of the
units of the local government within the boundaries of
the national heritage area; and
(B) the chief executive officer of each State in
which the national heritage area is located, in
consultation with the Secretary, approves the
management plan.
(3) Treatment of existing areas.--The Secretary may not
provide any grant under this section for a national heritage
area designated before the date of enactment of this Act, after
the earlier of the following:
(A) The last day on which the local coordinating
entity is eligible for Federal funding or assistance
under the statute designating the national heritage
area.
(B) The expiration of the 10-year period beginning
on the date of the enactment of this Act.
(h) Limitation of Grants for Each National Heritage Area.--
(1) Total grants.--The total amount of grants under this
section with respect to each national heritage area may not
exceed $10,000,000.
(2) Annual grants.--The amount of grants under this section
for a fiscal year with respect to each national heritage area
may not exceed $1,000,000.
(3) Period of assistance.--No grants may be provided under
this section with respect to each national heritage area for a
total of more than 10 fiscal years.
SEC. 7. TECHNICAL ASSISTANCE TO LOCAL COORDINATING ENTITIES.
(a) In General.--The Secretary may, upon request and subject to the
availability of appropriations, provide to the local coordinating
entity for a national heritage area technical assistance for the
following:
(1) The preparation of a management plan for the area.
(2) The implementation of the plan.
(b) Duration of Eligibility for Assistance.--The Secretary may not
provide assistance under this section with respect to a national
heritage area after the date on which the Secretary, under section
6(g), may not provide grants under section 6 with respect to the area.
SEC. 8. MANAGEMENT PLANS.
(a) In General.--The local coordinating entity for a national
heritage area designated after the date of the enactment of this Act
shall prepare a management plan for the area in accordance with this
section. In preparing the plan, the local coordinating entity shall
perform each of the following duties:
(1) Management plan.--Prepare and submit a management plan,
endorsed by each participating unit of local government within
the boundaries of the national heritage area, to the chief
executive officer of each State in which the area is located
and to the Secretary.
(2) Collaboration.--Collaborate with and consider the
interests of diverse units of government, businesses, tourism
officials, private property owners, and nonprofit groups within
the geographic area of the national heritage area in developing
and implementing such management plan.
(3) Public involvement.--Ensure regular public involvement,
including public meetings at least annually, regarding the
implementation of the management plan for the area.
(4) Records for audits.--Make available to the Secretary
for audit, for any year in which Federal funds have been
received under this Act, all records pertaining to the
expenditure of such funds and any matching funds, and require,
for all agreements authorizing expenditure of Federal funds by
other organizations, that the receiving organizations make
available to the Secretary for audit all records pertaining to
the expenditure of such funds.
(b) Contents of Management Plan.--The management plan prepared for
a national heritage area shall--
(1) present a comprehensive program for the conservation,
funding, management, and development of the 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 existing local, State, and Federal
land use laws and the economic viability of the area;
(2) take into consideration State, county, and local plans;
(3) involve residents, public agencies, and private
organizations working in the national heritage area;
(4) specify and coordinate, as of the date of the plan,
existing and potential sources of technical and financial
assistance under this and other Federal laws to protect,
manage, and develop the national heritage area; and
(5) include--
(A) actions to be undertaken by units of government
and private organizations to protect, conserve, and
interpret the resources of the heritage area;
(B) an inventory of the resources contained in the
national heritage area, including a list of any
property in the national heritage area that is related
to the themes of the national heritage area and that is
found to merit preservation, restoration, management,
development, or maintenance because of its natural,
cultural, historical, or recreational significance;
(C) policies for resource management with
appropriate land and water management techniques,
including the development of intergovernmental
cooperative agreements, private sector agreements, or
any combination thereof, to protect the historical,
cultural, recreational, and natural resources of the
heritage area in a manner consistent with supporting
appropriate and economic viability;
(D) a program for implementation of the management
plan by State and local governments and the designated
local coordinating entity;
(E) an analysis of ways in which local, State, and
Federal programs may best be coordinated to promote the
purposes of this Act; and
(F) a business plan that describes in detail the
role, operation, financing, and functions of the local
coordinating entity and of each activity included in
the recommendations contained in the management plan.
(c) Public Notice.--To satisfy the requirements of subsection
(a)(3), the local coordinating entity shall place a notice of each of
its public meetings in a newspaper of general circulation in the
national heritage area and shall make the minutes of the meeting
available to the public.
(d) Approval of the Plan.--
(1) Findings required.--The Secretary may approve the
management plan for a national heritage area if the Secretary
finds that the plan satisfies the requirements of this Act and,
if implemented, would--
(A) adequately protect, conserve, or adaptively
reuse the significant historical, cultural, natural,
and recreational resources of the heritage area; and
(B) consistent with such protection, provide
outdoor recreational opportunities and economic
activities within the area.
(2) Considerations.--In determining whether or not to
approve the plan, the Secretary shall consider whether--
(A) the participating units of local government
within the boundaries of the national heritage area
have endorsed the management plan;
(B) the local coordinating entity has afforded
adequate opportunity, including public hearings, for
public and governmental involvement in the preparation
of the plan; and
(C) the Secretary has received adequate assurances
from the chief executive officer of each State in which
the national heritage area is located and appropriate
State officials, that--
(i) the implementation program included in
the plan will be initiated within the time
periods agreed to in the plan; and
(ii) such program will ensure effective
implementation of State and local aspects of
the plan.
SEC. 9. TERMINATION OF DESIGNATION.
A designation of an area as a national heritage area shall
terminate and have no force or effect on and after any date on which
the Secretary of the Interior determines that--
(1) implementation of the management plan for the area has
failed to meet standards set forth in the management plan; or
(2) a preponderance of the units of local government
involved in implementing the management plan for the area no
longer support such designation.
SEC. 10. PRIVATE PROPERTY PROTECTION.
(a) Access to Private Property.--Nothing in this Act shall be
construed to require any private property owner to permit public access
(including Federal, State, or local government access) to such private
property. Nothing in this Act shall be construed to modify any
provision of Federal, State, or local law with regard to public access
to or use of private lands.
(b) Liability.--Designation of a national heritage area shall not
be considered 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.
(c) Recognition of Authority To Control Land Use.--Nothing in this
Act shall be construed to modify any authority of Federal, State, or
local governments to regulate land use.
(d) Participation of Private Property Owners in National Heritage
Areas.--Nothing in this Act shall be construed to require the owner of
any private property located within the boundaries of a national
heritage area to participate in or be associated with the national
heritage area.
SEC. 11. RELATIONSHIP TO OTHER FEDERAL PROGRAMS.
(a) Other Assistance Not Affected.--This Act does not affect the
authority of any Federal official to provide technical or financial
assistance under any other law.
(b) Notification of Other Federal Activities.--The head of each
Federal agency shall provide to the Secretary and the local
coordinating entity for a national heritage area advance notice of all
activities which may have an impact on the national heritage area.
SEC. 12. SAVINGS PROVISIONS.
(a) Rules, Regulations, Standards, and Permit Processes.--Except as
provided in section 11(b), nothing in this Act shall be construed to
impose any environmental, occupational, safety, or other rule,
regulation, standard, or permit process in a national heritage area
that is different from those that would be applicable if the national
heritage area had not been established.
(b) Water and Water Rights.--Nothing in this Act shall be construed
to authorize or imply the reservation or appropriation of water or
water rights.
(c) No Diminishment of State Authority.--Nothing in this Act 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 such an area.
SEC. 13. FUNDING PROVISIONS.
(a) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary for each fiscal year for grants and
technical assistance under sections 6 and 7, not more than $10,000,000,
to remain available until expended.
(b) Prohibition on Federal Administrative Fees.--Funds may be
appropriated under subsection (a) only for direct transfer by the
Secretary to a local coordinating entity.
(c) Inclusion in Limit on Funding Under This Section.--For purposes
of the dollar amount limitation contained in subsection (a), 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, shall be treated as appropriated under such
subsection.
(d) 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.
(e) Use of Federal Funds From Other Sources.--Nothing in this Act
shall preclude a local coordinating entity from using Federal funds
available under other Federal laws for the purposes for which those
funds were authorized.
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