[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2388 Reported in House (RH)]

                                                 Union Calendar No. 298
107th CONGRESS
  2d Session
                                H. R. 2388

                          [Report No. 107-498]

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

                             June 11, 2002

                    Additional sponsor: Mr. Gibbons

                             June 11, 2002

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
 [For text of introduced bill, see copy of bill as introduced on June 
                               28, 2001]

_______________________________________________________________________

                                 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''.
    (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 areas for designation as national heritage 
                            areas.
Sec. 5. Requirements applicable to feasibility studies.
Sec. 6. Management plans.
Sec. 7. Grants for proposed national heritage areas.
Sec. 8. Grants to support designated national heritage areas.
Sec. 9. Technical assistance.
Sec. 10. Termination of designation.
Sec. 11. Private property protection.
Sec. 12. Relationship to other Federal programs.
Sec. 13. Savings provisions.
Sec. 14. Funding provisions.

SEC. 2. PURPOSES.

    The purposes of this Act are as follows:
            (1) To establish the criteria and mechanisms for the 
        designation of certain areas in the United States containing 
        nationally important 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 as national heritage areas.
            (2) To strengthen, complement, and support the existing 
        units of the National Park System through the interpretation 
        and conservation of the associated living landscapes outside of 
        the boundaries of those units.
            (3) To describe the extent of Federal responsibilities and 
        duties in regard to future national heritage areas.
            (4) To encourage collaboration and partnerships among State 
        and local governments, nonprofit organizations, and the private 
        sector, or combinations thereof, to conserve and manage the 
        resources and opportunities in national heritage areas.
            (5) To authorize Federal financial and technical assistance 
        to local coordinating entities to assist in the conservation 
        and interpretation of 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 other interested parties and approved by the Secretary 
        in accordance with this Act, regarding the feasibility of 
        designating any proposed national heritage area as a national 
        heritage area.
            (2) Local coordinating entity.--The term ``local 
        coordinating entity'' means, with respect to a national 
        heritage area--
                    (A) an entity recognized by the Secretary, but only 
                after consultation with the chief executive officer of 
                the State in which the national heritage area is 
                located (or if the area is located in more than one 
                State, the chief executive officers of all such 
                States), that agrees to perform the duties of a local 
                coordinating entity under this Act; or
                    (B) a Federal commission designated by Congress 
                with members appointed by the Secretary to perform the 
                duties of a local coordinating entity under this Act.
            (3) National heritage area.--The term ``national heritage 
        area'' means an area or corridor designated by an Act of 
        Congress as a national heritage area.
            (4) Proposed national heritage area.--The term ``proposed 
        national heritage area'' means an area or corridor that has 
        been authorized by an Act of Congress for which the Secretary 
        has been explicitly authorized to conduct a study to determine 
        the suitability and feasibility of designating the area or 
        corridor as a national heritage area.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (6) State.--The term ``State'' means each of the Several 
        States, the District of Columbia, Guam, the Virgin Islands, 
        American Samoa, the Commonwealth of Puerto Rico, and the 
        Commonwealth of the Northern Mariana Islands.
            (7) Unit of local government.--The term ``unit of local 
        government'' means the government of a State, a political 
        subdivision of a State, or an Indian tribe.

SEC. 4. RECOMMENDATION OF AREAS FOR DESIGNATION AS NATIONAL HERITAGE 
              AREAS.

    The Secretary may recommend to Congress that an area or corridor be 
designated as a national heritage area only if, not later than 5 years 
after the Act explicitly authorizing the Secretary to conduct a study 
to determine the suitability and feasibility of designating the area or 
corridor as a national heritage area, the Secretary has--
            (1) determined, based upon a feasibility study conducted 
        for the proposed national heritage area that the area contains 
        resources of national importance and is suitable and 
        appropriate for designation as a national heritage area; and
            (2) approved a management plan developed in accordance with 
        this Act for the proposed national  heritage area that includes 
a business plan as described in section 6(b)(4)(G).

SEC. 5. REQUIREMENTS APPLICABLE TO FEASIBILITY STUDIES.

    (a) Study Process and Content.--A feasibility study for a proposed 
national heritage area shall--
            (1) be conducted by the Secretary or by one or more other 
        interested parties for the proposed national heritage area;
            (2) be conducted with participation from the public and 
        units of local government; and
            (3) include the following:
                    (A) Sufficient information to determine whether the 
                proposed national heritage area meets the criteria 
                specified in subsection (b).
                    (B) A description of the natural, historic, and 
                cultural resources and recreational, interpretive, and 
                educational opportunities presented by the proposed 
                national heritage 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.
                    (C) An assessment of the interest of, and impact of 
                possible designation upon, potential partners, units of 
                government, nonprofit organizations, and other private 
                entities.
                    (D) A description of the boundaries and conceptual 
                framework for the proposed national heritage area, if 
                the study concludes that all or a portion of the 
                proposed national heritage area is appropriate for 
                designation as a national heritage area.
                    (E) The identity of the local coordinating entity 
                for the proposed national heritage area.
    (b) Criteria for Concluding Area Is Appropriate for Designation.--
The criteria referred to in subsection (a)(3)(A) are the following:
            (1) Assemblage of resources.--The proposed national 
        heritage 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 public entities.
            (2) Traditions, customs, beliefs, or folklife.--The 
        proposed national heritage area reflects traditions, customs, 
        beliefs, or folklife, or some combination thereof, that are a 
        valuable part of the heritage of the United States.
            (3) Conservation of natural, cultural, or historic 
        features.--The proposed national heritage area provides 
        outstanding opportunities to conserve natural, cultural, or 
        historic features, or some combination thereof.
            (4) Recreational and educational opportunities.--The 
        proposed national heritage area provides outstanding 
        recreational and interpretive opportunities.
            (5) Themes and integrity of resources.--The proposed 
        national heritage 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 units of local government throughout the 
        proposed national heritage area demonstrate support through 
        letters or other means for designation of the proposed national 
        heritage area as a national heritage area and for management of 
        the proposed national heritage area as appropriate for such 
        designation.
    (c) 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 proposed national heritage 
area is located. The Secretary shall include in the study any comments 
the Secretary receives from each relevant chief executive officer.
    (d) 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.
    (e) Studies by Interested Parties.--For the purposes of any Act 
authorizing the Secretary to conduct a study to determine the 
feasibility of designating an area as a national heritage area, the 
Secretary may approve a feasibility study submitted by one or more 
interested parties in lieu of conducting the study if the feasibility 
study meets the requirements of this Act unless the Act authorizing the 
study explicitly exempts the study from this subsection.
    (f) Approval and Disapproval of a Feasibility Study.--
            (1) In general.--Not later than 90 days after receipt of a 
        feasibility study for a proposed national heritage area, the 
        Secretary shall approve or disapprove the study. If the 
        Secretary has not approved or disapproved the study within that 
        90-day period, the study shall be considered approved.
            (2) Disapproval and revisions.--If the Secretary 
        disapproves a feasibility study for a proposed national 
        heritage area, the Secretary shall advise the entity that 
        submitted the study, in writing, of the reasons for the 
        disapproval and shall make recommendations, if any, for a 
        revision of the study. Not later than 90 days after receipt of 
        a revised feasibility study, the Secretary shall approve or 
        disapprove the revised study. If the Secretary has not approved 
        or disapproved the revised study within that 90-day period, the 
        revised study shall be considered approved.

SEC. 6. MANAGEMENT PLANS.

    (a) Requirements.--In order to meet the requirements of this Act, a 
management plan for a proposed national heritage area shall be prepared 
by the local coordinating entity for the proposed national heritage 
area in accordance with this section. In preparing the management  
plan, the local coordinating entity shall perform each of the following 
duties:
            (1) Management plan.--Prepare and submit a management plan 
        reviewed by participating units of local government within the 
        boundaries of the proposed national heritage area.
            (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 proposed 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 proposed national 
        heritage 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 proposed national heritage area shall--
            (1) present a comprehensive program for the conservation, 
        interpretation, funding, management, and development of the 
        proposed national heritage area and of the historical, 
        cultural, and natural resources and the recreational and 
        educational opportunities of the proposed national heritage 
        area, in a manner consistent with the existing local, State, 
        and Federal land use laws and compatible economic viability of 
        the proposed national heritage area;
            (2) involve residents, public agencies, and private 
        organizations working in the proposed national heritage area;
            (3) specify and coordinate, as of the date of the 
        management plan, existing and potential sources of technical 
        and financial assistance under this and other Federal laws to 
        protect, manage, and develop the proposed national heritage 
        area; and
            (4) include--
                    (A) actions to be undertaken by units of government 
                and private organizations to protect, conserve, and 
                interpret the resources of the proposed national 
                heritage area;
                    (B) an inventory of the resources contained in the 
                proposed national heritage area, including a list of 
                any property in the proposed national heritage area 
                that is related to the themes of the proposed 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 
                proposed national heritage area in a manner consistent 
                with supporting appropriate and compatible economic 
                viability;
                    (D) a program for implementation of the management 
                plan by the designated local coordinating entity, in 
                cooperation with its partners and units of local 
                government;
                    (E) evidence that relevant State, county, and local 
                plans applicable to proposed national heritage areas 
                have been taken into consideration;
                    (F) an analysis of ways in which local, State, and 
                Federal programs may best be coordinated to promote the 
                purposes of this Act; and
                    (G) a business plan that--
                            (i) 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; and
                            (ii) provides, to the satisfaction of the 
                        Secretary, adequate assurances that the local 
                        coordinating entity is likely to have the 
                        financial resources necessary to implement the 
                        management plan for the proposed heritage area, 
                        including resources to meet matching 
                        requirement for grants awarded under this Act.
    (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 
proposed national heritage area and shall make the minutes of the 
meeting available to the public.
    (d) Approval of the Plan.--The Secretary may approve the management 
plan for a proposed national heritage area only if the Secretary finds 
that--
            (1) the management 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 proposed national 
                heritage area; and
                    (B) consistent with such protection, provide 
                outdoor recreational opportunities and compatible 
                economic activities within the proposed national 
                heritage area;
            (2) the participating units of local government within the 
        boundaries of the proposed national heritage area have been 
        consulted and given adequate opportunity to comment on the 
        management plan;
            (3) the local coordinating entity has afforded adequate 
        opportunity, including public hearings, for public and 
        governmental involvement in the preparation of the management 
        plan; and
            (4) the Secretary has received from the chief executive 
        officer of each State acknowledgement that such officer is 
        aware of the proposed national heritage area.
    (e) Approval and Disapproval of a Management Plan.--
            (1) In general.--Not later than 90 days after receipt of a 
        management plan for a proposed national heritage area, the 
        Secretary shall approve or disapprove the management plan. If 
        the Secretary has not approved or disapproved the management 
        plan within that 90-day period, the management plan shall be 
        considered approved.
            (2) Disapproval and revisions.--If the Secretary 
        disapproves a management plan for a proposed national heritage 
        area, the Secretary shall advise the entity that submitted the 
        management plan, in writing, of the reasons for the disapproval 
        and shall make recommendations for a revision of the management 
        plan. Not later than 90 days after receipt of a revised 
        management plan, the Secretary shall approve or disapprove the 
        revised management plan. If the Secretary has not approved or 
        disapproved the revised management plan within that 90-day 
        period, the revised management plan shall be considered 
        approved.

SEC. 7. GRANTS FOR PROPOSED NATIONAL HERITAGE AREAS.

    (a) Authority To Make Grants.--The Secretary may make grants for 
activities authorized by subsection (b).
    (b) Use of Grants.--
            (1) Authorized uses.--Grants under this section may be used 
        for activities necessary--
                    (A) to conduct a feasibility study for a proposed 
                national heritage area; and
                    (B) to prepare a management plan for a proposed 
                national heritage area, including the business plan 
                required under section 6(b)(4)(G).
            (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).
    (c) Duration of Eligibility for Grants.--The Secretary may not 
provide a grant under this section for a proposed national heritage 
area for any period after the expiration of the 5-year period beginning 
on the date of the enactment of the Act authorizing the feasibility 
study for the proposed national heritage area.

SEC. 8. GRANTS TO SUPPORT DESIGNATED NATIONAL HERITAGE AREAS.

    (a) Authority To Make Grants.--The Secretary may make grants from 
appropriated funds to the local coordinating entity for a national 
heritage area for activities authorized by subsection (b).
    (b) Use of Grants.--
            (1) Authorized uses.--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 within the first 10 fiscal years 
                beginning after the date of the enactment of the Act 
                designating the national heritage area.
            (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).
    (c) Protection of Federal Investment.--The Secretary shall require 
that each grant under this section for the improvement, restoration, or 
rehabilitation of real property 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.
    (d) Duration of Eligibility for Grants.--The Secretary may not 
provide any grant under this section to a local coordinating entity for 
any period after the expiration of the 10-year period beginning on the 
date of the enactment of the Act designating the national heritage 
area.

SEC. 9. TECHNICAL ASSISTANCE.

    The Secretary may provide technical assistance on a nonreimbursable 
basis--
            (1) to any interested party for any activity for which the 
        Secretary is authorized to provide a grant under section 7; and
            (2) to local coordinating entities for any activity for 
        which the Secretary is authorized to provide a grant under 
        section 8.

SEC. 10. TERMINATION OF DESIGNATION.

    (a) Notice of Determination.--The Secretary shall submit a written 
notice to the local coordinating entity of a national heritage area so 
designated after the date of the enactment of this Act if the Secretary 
determines that--
            (1) implementation of the management plan for the national 
        heritage 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 national 
        heritage area no longer support such designation.
    (b) Comment.--Not later than 60 days after the date that the 
Secretary submits a written notice under subsection (a) to a local 
coordinating entity, the local coordinating entity may submit to the 
Secretary written comments supporting a contention that the 
determination under section (a) was made in error.
    (c) Termination.--After considering any comments submitted under 
subsection (b), if the Secretary decides that the determination under 
subsection (a) was correct, the Secretary shall no longer provide 
financial assistance under this Act for that national heritage area.

SEC. 11. 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. 12. 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, to the extent 
practicable, advance notice of all activities which may have an impact 
on the national heritage area.

SEC. 13. SAVINGS PROVISIONS.

    (a) Rules, Regulations, Standards, and Permit Processes.--Except as 
provided in section 12(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 the national heritage area.
    (d) Existing National Heritage Areas.--Nothing in this Act shall 
affect any national heritage area so designated before the date of the 
enactment of this Act.

SEC. 14. FUNDING.

    (a) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated 
        for each fiscal year for grants and technical assistance for 
        activities under section 8--
                    (A) not more than $1,000,000 for any fiscal year 
                for each national heritage area to remain available 
                until expended; and
                    (B) not more than a total of $10,000,000 for each 
                national heritage area.
            (2) Amounts for initial studies and plans.--In addition to 
        amounts authorized in paragraphs (1) and (3), there are 
        authorized to be appropriated for each fiscal year for grants 
        and technical assistance for activities under section 7--
                    (A) not more than $250,000 for any fiscal year for 
                each proposed national heritage area to remain 
                available until expended; and
                    (B) not more than a total of $1,500,000 for each 
                proposed national heritage area.
            (3) Amounts for feasibility studies.--In addition to 
        amounts authorized in paragraphs (1) and (2), there is 
        authorized to be appropriated not more than $250,000 for each 
        feasibility study directed by Congress to be completed by the 
        Secretary.
    (b) Required Match.--As a condition of providing a grant under this 
section, the Secretary shall require the recipient of the grant to 
provide matching funds equal to the amount of the grant. Recipient 
matching funds--
            (1) must be from non-Federal sources; and
            (2) may be made in the form of in-kind contributions of 
        goods or services fairly valued.
    (c) Limit on Federal Oversight and Administrative Funds.--Not more 
than five percent of the funds made available under each of subsections 
(a)(1) and (a)(2) for a fiscal year may be used by the Secretary for 
technical assistance, oversight, and administrative purposes.
    (d) Prohibition on Use of Funds To Supplement National Park 
System.--No funds authorized to be appropriated under this section 
other than those authorized by subsection (c) 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.
    (f) Allocation of Appropriations.--Notwithstanding any other 
provision of law, no funds appropriated or otherwise made available to 
the Secretary to carry out the purposes of this Act may be obligated or 
expended--
            (1) unless the appropriation of such funds has been 
        allocated in the manner prescribed by this Act; or
            (2) in excess of the amount authorized in this Act.




                                                 Union Calendar No. 298

107th CONGRESS

  2d Session

                               H. R. 2388

                          [Report No. 107-498]

_______________________________________________________________________

                                 A BILL

To establish the criteria and mechanism for the designation and support 
                      of national heritage areas.

_______________________________________________________________________

                             June 11, 2002

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed