[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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