[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2543 Reported in Senate (RS)]






                                                       Calendar No. 685
108th CONGRESS
  2d Session
                                S. 2543

                          [Report No. 108-329]

To establish a program and criteria for National Heritage Areas in the 
                 United States, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 17, 2004

 Mr. Thomas (for himself and Mr. Burns) introduced the following bill; 
   which was read twice and referred to the Committee on Energy and 
                           Natural Resources

                            August 25, 2004

 Reported under authority of the order of the Senate of July 22, 2004, 
                   by Mr. Domenici, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
To establish a program and criteria for National Heritage Areas in the 
                 United States, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>

<DELETED>    (a) Short Title.--This Act may be cited as the ``National 
Heritage Partnership Act''.</DELETED>
<DELETED>    (b) Table of Contents.--The table of contents of this Act 
is as follows:</DELETED>

<DELETED>Sec. 1. Short title; table of contents.
<DELETED>Sec. 2. Definitions.
<DELETED>Sec. 3. National Heritage Areas program.
<DELETED>Sec. 4. Suitability-feasibility studies.
<DELETED>Sec. 5. Management plans.
<DELETED>Sec. 6. Local coordinating entities.
<DELETED>Sec. 7. Relationship to other Federal agencies.
<DELETED>Sec. 8. Private property and regulatory protections.
<DELETED>Sec. 9. Authorization of appropriations.

<DELETED>SEC. 2. DEFINITIONS.</DELETED>

<DELETED>     In this Act:</DELETED>
        <DELETED>    (1) Local coordinating entity.--The term ``local 
        coordinating entity'' means the entity designated by Congress--
        </DELETED>
                <DELETED>    (A) to develop, in partnership with 
                others, the management plan for a National Heritage 
                Area; and</DELETED>
                <DELETED>    (B) to act as a catalyst for the 
                implementation of projects and programs among diverse 
                partners in the National Heritage Area.</DELETED>
        <DELETED>    (2) Management plan.--The term ``management plan'' 
        means the plan prepared by the local coordinating entity for a 
        National Heritage Area designated by Congress that specifies 
        actions, policies, strategies, performance goals, and 
        recommendations to meet the goals of the National Heritage 
        Area, in accordance with section 5.</DELETED>
        <DELETED>    (3) National heritage area.--The term ``National 
        Heritage Area'' means an area designated by Congress that is 
        nationally significant to the heritage of the United States and 
        meets the criteria established under section 4(a).</DELETED>
        <DELETED>    (4) National significance.--The term ``national 
        significance'' means possession of--</DELETED>
                <DELETED>    (A) unique natural, historical, cultural, 
                educational, scenic, or recreational resources of 
                exceptional value or quality; and</DELETED>
                <DELETED>    (B) a high degree of integrity of 
                location, setting, or association in illustrating or 
                interpreting the heritage of the United 
                States.</DELETED>
        <DELETED>    (5) Program.--The term ``program'' means the 
        National Heritage Areas program established under section 
        3(a).</DELETED>
        <DELETED>    (6) Proposed national heritage area.--The term 
        ``proposed National Heritage Area'' means an area under study 
        by the Secretary or other parties for potential designation by 
        Congress as a National Heritage Area.</DELETED>
        <DELETED>    (7) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior.</DELETED>
        <DELETED>    (8) Suitability-feasibility study.--The term 
        ``suitability-feasibility study'' means a study conducted by 
        the Secretary, or conducted by 1 or more other interested 
        parties and reviewed by the Secretary, in accordance with the 
        criteria and processes established under section 4, to 
        determine whether an area meets the criteria to be designated 
        as a National Heritage Area by Congress.</DELETED>

<DELETED>SEC. 3. NATIONAL HERITAGE AREAS PROGRAM.</DELETED>

<DELETED>    (a) In General.--Subject to the availability of funds, the 
Secretary shall establish a National Heritage Areas program under which 
the Secretary shall provide technical and financial assistance to local 
coordinating entities to support the establishment of National Heritage 
Areas.</DELETED>
<DELETED>    (b) Duties.--Under the program, the Secretary shall--
</DELETED>
        <DELETED>    (1)(A) conduct suitability-feasibility studies, as 
        directed by Congress, to assess the suitability and feasibility 
        of designating proposed National Heritage Areas; or</DELETED>
        <DELETED>    (B) review and comment on suitability-feasibility 
        studies undertaken by other parties to make such 
        assessment;</DELETED>
        <DELETED>    (2) provide technical assistance, on a 
        reimbursable or non-reimbursable basis (as determined by the 
        Secretary), for the development and implementation of 
        management plans for designated National Heritage 
        Areas;</DELETED>
        <DELETED>    (3) enter into cooperative agreements with 
        interested parties to carry out this Act;</DELETED>
        <DELETED>    (4) provide information, promote understanding, 
        and encourage research on National Heritage Areas in 
        partnership with local coordinating entities;</DELETED>
        <DELETED>    (5) provide national oversight, analysis, 
        coordination, and technical assistance and support to ensure 
        consistency and accountability under the program; and</DELETED>
        <DELETED>    (6) submit annually to the Committee on Resources 
        of the House of Representatives and the Committee on Energy and 
        Natural Resources of the Senate a report describing the 
        allocation and expenditure of funds for activities conducted 
        with respect to National Heritage Areas under this 
        Act.</DELETED>

<DELETED>SEC. 4. SUITABILITY-FEASIBILITY STUDIES.</DELETED>

<DELETED>    (a) Criteria.--In conducting or reviewing a suitability-
feasibility study, the Secretary shall apply the following criteria to 
determine the suitability and feasibility of designating a proposed 
National Heritage Area:</DELETED>
        <DELETED>    (1) An area--</DELETED>
                <DELETED>    (A) has an assemblage of natural, 
                historic, cultural, educational, scenic, or 
                recreational resources that together are nationally 
                significant to the heritage of the United 
                States;</DELETED>
                <DELETED>    (B) represents distinctive aspects of the 
                heritage of the United States worthy of recognition, 
                conservation, interpretation, and continuing 
                use;</DELETED>
                <DELETED>    (C) is best managed as such an assemblage 
                through partnerships among public and private entities 
                at the local or regional level;</DELETED>
                <DELETED>    (D) reflects traditions, customs, beliefs, 
                and folklife that are a valuable part of the heritage 
                of the United States;</DELETED>
                <DELETED>    (E) provides outstanding opportunities to 
                conserve natural, historical, cultural, or scenic 
                features;</DELETED>
                <DELETED>    (F) provides outstanding recreational or 
                educational opportunities; and</DELETED>
                <DELETED>    (G) has resources and traditional uses 
                that have national significance.</DELETED>
        <DELETED>    (2) Residents, business interests, nonprofit 
        organizations, and governments (including relevant Federal land 
        management agencies) within the proposed area are involved in 
        the planning and have demonstrated significant support through 
        letters and other means for National Heritage Area designation 
        and management.</DELETED>
        <DELETED>    (3) The local coordinating entity responsible for 
        preparing and implementing the management plan is 
        identified.</DELETED>
        <DELETED>    (4) The proposed local coordinating entity and 
        units of government supporting the designation are willing and 
        have documented a significant commitment to work in partnership 
        to protect, enhance, interpret, fund, manage, and develop 
        resources within the National Heritage Area.</DELETED>
        <DELETED>    (5) The proposed local coordinating entity has 
        developed a conceptual financial plan that outlines the roles 
        of all participants (including the Federal Government) in the 
        management of the National Heritage Area.</DELETED>
        <DELETED>    (6) The proposal is consistent with continued 
        economic activity within the area.</DELETED>
        <DELETED>    (7) A conceptual boundary map has been developed 
        and is supported by the public and participating Federal 
        agencies.</DELETED>
<DELETED>    (b) Consultation.--In conducting or reviewing a 
suitability-feasibility study, the Secretary shall consult with the 
managers of any Federal land within the proposed National Heritage Area 
and secure the concurrence of the managers with the findings of the 
suitability-feasibility study before making a determination for 
designation.</DELETED>
<DELETED>    (c) Transmittal.--On completion or receipt of a 
suitability-feasibility study for a National Heritage Area, the 
Secretary shall--</DELETED>
        <DELETED>    (1) review, comment, and make findings (in 
        accordance with the criteria specified in subsection (a)) on 
        the feasibility of designating the National Heritage 
        Area;</DELETED>
        <DELETED>    (2) consult with the Governor of each State in 
        which the proposed National Heritage Area is located; 
        and</DELETED>
        <DELETED>    (3) transmit to the Committee on Resources of the 
        House of Representatives and the Committee on Energy and 
        Natural Resources of the Senate, the suitability-feasibility 
        study, including--</DELETED>
                <DELETED>    (A) any comments received from the 
                Governor of each State in which the proposed National 
                Heritage Area is located; and</DELETED>
                <DELETED>    (B) a finding as to whether the proposed 
                National Heritage Area meets the criteria for 
                designation.</DELETED>
<DELETED>    (d) Disapproval.--</DELETED>
        <DELETED>    (1) In general.--If the Secretary determines that 
        any proposed National Heritage Area does not meet the criteria 
        for designation, the Secretary shall include within the 
        suitability-feasibility study submitted under subsection (c)(3) 
        a description of the reasons for the determination.</DELETED>
        <DELETED>    (2) Other factors.--A finding by the Secretary 
        that a proposed National Heritage Area meets the criteria for 
        designation shall not preclude the Secretary from recommending 
        against designation of the proposed National Heritage Area 
        based on the budgetary impact of the designation or any other 
        factor unrelated to the criteria.</DELETED>
<DELETED>    (e) Designation.--The designation of a National Heritage 
Area shall be--</DELETED>
        <DELETED>    (1) by Act of Congress; and</DELETED>
        <DELETED>    (2) contingent on the prior completion of a 
        suitability-feasibility study and an affirmative determination 
        by the Secretary that the area meets the criteria established 
        under subsection (a).</DELETED>

<DELETED>SEC. 5. MANAGEMENT PLANS.</DELETED>

<DELETED>    (a) Requirements.--The management plan for any National 
Heritage Area shall--</DELETED>
        <DELETED>    (1) describe comprehensive policies, goals, 
        strategies, and recommendations for telling the story of the 
        heritage of the area covered by the National Heritage Area and 
        encouraging long-term resource protection, enhancement, 
        interpretation, funding, management, and development of the 
        National Heritage Area;</DELETED>
        <DELETED>    (2) include a description of actions and 
        commitments that governments, private organizations, and 
        citizens will take to protect, enhance, interpret, fund, 
        manage, and develop the natural, historical, cultural, 
        educational, scenic, and recreational resources of the National 
        Heritage Area;</DELETED>
        <DELETED>    (3) specify existing and potential sources of 
        funding or economic development strategies to protect, enhance, 
        interpret, fund, manage, and develop the National Heritage 
        Area;</DELETED>
        <DELETED>    (4) include an inventory of the natural, 
        historical, cultural, educational, scenic, and recreational 
        resources of the National Heritage Area related to the national 
        significance and themes of the National Heritage Area that 
        should be protected, enhanced, interpreted, managed, funded, 
        and developed;</DELETED>
        <DELETED>    (5) recommend policies and strategies for resource 
        management, including the development of intergovernmental and 
        interagency agreements to protect, enhance, interpret, fund, 
        manage, and develop the natural, historical, cultural, 
        educational, scenic, and recreational resources of the National 
        Heritage Area;</DELETED>
        <DELETED>    (6) describe a program for implementation for the 
        management plan, including--</DELETED>
                <DELETED>    (A) performance goals;</DELETED>
                <DELETED>    (B) plans for resource protection, 
                enhancement, interpretation, funding, management, and 
                development; and</DELETED>
                <DELETED>    (C) specific commitments for 
                implementation that have been made by the local 
                coordinating entity or any government agency, 
                organization, business, or individual;</DELETED>
        <DELETED>    (7) include an analysis of, and recommendations 
        for, means by which Federal, State, and local programs may best 
        be coordinated (including the role of the National Park Service 
        and other Federal agencies associated with the National 
        Heritage Area) to further the purposes of this Act; 
        and</DELETED>
        <DELETED>    (8) include a business plan that--</DELETED>
                <DELETED>    (A) describes the role, operation, 
                financing, and functions of the local coordinating 
                entity and of each of the major activities contained in 
                the management plan; and</DELETED>
                <DELETED>    (B) provides adequate assurances that the 
                local coordinating entity has the partnerships and 
                financial and other resources necessary to implement 
                the management plan for the National Heritage 
                Area.</DELETED>
<DELETED>    (b) Deadline.--</DELETED>
        <DELETED>    (1) In general.--Not later than 3 years after the 
        date on which funds are first made available to develop the 
        management plan after designation as a National Heritage Area, 
        the local coordinating entity shall submit the management plan 
        to the Secretary for approval.</DELETED>
        <DELETED>    (2) Termination of funding.--If the management 
        plan is not submitted to the Secretary in accordance with 
        paragraph (1), the local coordinating entity shall not qualify 
        for any additional financial assistance under this Act until 
        such time as the management plan is submitted to and approved 
        by the Secretary.</DELETED>
<DELETED>    (c) Approval of Management Plan.--</DELETED>
        <DELETED>    (1) Review.--Not later than 180 days after 
        receiving the plan, the Secretary shall review and approve or 
        disapprove the management plan for a National Heritage Area on 
        the basis of the criteria established under paragraph 
        (3).</DELETED>
        <DELETED>    (2) Consultation.--The Secretary shall consult 
        with the Governor of each State in which the National Heritage 
        Area is located before approving a management plan for the 
        National Heritage Area.</DELETED>
        <DELETED>    (3) Criteria for approval.--In determining whether 
        to approve a management plan for a National Heritage Area, the 
        Secretary shall consider whether--</DELETED>
                <DELETED>    (A) the local coordinating entity 
                represents the diverse interests of the National 
                Heritage Area, including governments, natural and 
                historic resource protection organizations, educational 
                institutions, businesses, recreational organizations, 
                community residents, and private property 
                owners;</DELETED>
                <DELETED>    (B) the local coordinating entity--
                </DELETED>
                        <DELETED>    (i) has afforded adequate 
                        opportunity for public and governmental 
                        involvement (including through workshops and 
                        hearings) in the preparation of the management 
                        plan; and</DELETED>
                        <DELETED>    (ii) provides for at least 
                        semiannual public meetings to ensure adequate 
                        implementation of the management 
                        plan;</DELETED>
                <DELETED>    (C) the resource protection, enhancement, 
                interpretation, funding, management, and development 
                strategies described in the management plan, if 
                implemented, would adequately protect, enhance, 
                interpret, fund, manage, and develop the natural, 
                historic, cultural, educational, scenic, and 
                recreational resources of the National Heritage 
                Area;</DELETED>
                <DELETED>    (D) the management plan would not 
                adversely affect any activities authorized on Federal 
                land under public land laws or land use 
                plans;</DELETED>
                <DELETED>    (E) the local coordinating entity has 
                demonstrated the financial capability, in partnership 
                with others, to carry out the plan;</DELETED>
                <DELETED>    (F) the Secretary has received adequate 
                assurances from the appropriate State and local 
                officials whose support is needed to ensure the 
                effective implementation of the State and local 
                elements of the management plan; and</DELETED>
                <DELETED>    (G) the management plan demonstrates 
                partnerships among the local coordinating entity, 
                Federal, State, and local governments, regional 
                planning organizations, nonprofit organizations, or 
                private sector parties for implementation of the 
                management plan.</DELETED>
        <DELETED>    (4) Disapproval.--</DELETED>
                <DELETED>    (A) In general.--If the Secretary 
                disapproves the management plan, the Secretary--
                </DELETED>
                        <DELETED>    (i) shall advise the local 
                        coordinating entity in writing of the reasons 
                        for the disapproval; and</DELETED>
                        <DELETED>    (ii) may make recommendations to 
                        the local coordinating entity for revisions to 
                        the management plan.</DELETED>
                <DELETED>    (B) Deadline.--Not later than 180 days 
                after receiving a revised management plan, the 
                Secretary shall approve or disapprove the revised 
                management plan.</DELETED>
        <DELETED>    (5) Amendments.--</DELETED>
                <DELETED>    (A) In general.--An amendment to the 
                management plan that substantially alters the purposes 
                of the National Heritage Area shall be reviewed by the 
                Secretary and approved or disapproved in the same 
                manner as the original management plan.</DELETED>
                <DELETED>    (B) Implementation.--The local 
                coordinating entity shall not use Federal funds 
                authorized by this Act to implement an amendment to the 
                management plan until the Secretary approves the 
                amendment.</DELETED>

<DELETED>SEC. 6. LOCAL COORDINATING ENTITIES.</DELETED>

<DELETED>    (a) Duties.--To further the purposes of the National 
Heritage Area, the local coordinating entity shall--</DELETED>
        <DELETED>    (1) prepare a management plan for the National 
        Heritage Area, and submit the management plan to the Secretary, 
        in accordance with section 5;</DELETED>
        <DELETED>    (2) submit an annual report to the Secretary for 
        each fiscal year for which the local coordinating committee 
        receives Federal funds under this Act, specifying--</DELETED>
                <DELETED>    (A) the specific performance goals and 
                accomplishments of the local coordinating 
                committee;</DELETED>
                <DELETED>    (B) the expenses and income of the local 
                coordinating committee;</DELETED>
                <DELETED>    (C) the amounts and sources of matching 
                funds;</DELETED>
                <DELETED>    (D) the amounts leveraged with Federal 
                funds and sources of the leveraging; and</DELETED>
                <DELETED>    (E) grants made to any other entities 
                during the fiscal year;</DELETED>
        <DELETED>    (3) make available for audit for each fiscal year 
        for which the local coordinating entity receives Federal funds 
        under this Act, all information pertaining to the expenditure 
        of the funds and any matching funds; and</DELETED>
        <DELETED>    (4) encourage economic viability and 
        sustainability that is consistent with the purposes of the 
        National Heritage Area.</DELETED>
<DELETED>    (b) Authorities.--For the purposes of preparing and 
implementing the approved management plan for the National Heritage 
Area, the local coordinating entity may use Federal funds made 
available under this Act to--</DELETED>
        <DELETED>    (1) make grants to political jurisdictions, 
        nonprofit organizations, and other parties within the National 
        Heritage Area;</DELETED>
        <DELETED>    (2) enter into cooperative agreements with or 
        provide technical assistance to political jurisdictions, 
        nonprofit organizations, Federal agencies, and other interested 
        parties;</DELETED>
        <DELETED>    (3) hire and compensate staff, including 
        individuals with expertise in--</DELETED>
                <DELETED>    (A) natural, historical, cultural, 
                educational, scenic, and recreational resource 
                conservation;</DELETED>
                <DELETED>    (B) economic and community development; 
                and</DELETED>
                <DELETED>    (C) heritage planning;</DELETED>
        <DELETED>    (4) obtain funds or services from any source, 
        including other Federal laws or programs;</DELETED>
        <DELETED>    (5) contract for goods or services; and</DELETED>
        <DELETED>    (6) support activities of partners and any other 
        activities that further the purposes of the National Heritage 
        Area and are consistent with the approved management 
        plan.</DELETED>
<DELETED>    (c) Prohibition on Acquisition of Real Property.--The 
local coordinating entity may not use Federal funds authorized under 
this Act to acquire any interest in real property.</DELETED>

<DELETED>SEC. 7. RELATIONSHIP TO OTHER FEDERAL AGENCIES.</DELETED>

<DELETED>    (a) In General.--Nothing in this Act affects the authority 
of a Federal agency to provide technical or financial assistance under 
any other law.</DELETED>
<DELETED>    (b) Consultation and Coordination.--The head of any 
Federal agency planning to conduct activities that may have an impact 
on a National Heritage Area is encouraged to consult and coordinate the 
activities with the Secretary and the local coordinating entity to the 
maximum extent practicable.</DELETED>
<DELETED>    (c) Other Federal Agencies.--Nothing in this Act--
</DELETED>
        <DELETED>    (1) modifies, alters, or amends any law or 
        regulation authorizing a Federal agency to manage Federal land 
        under the jurisdiction of the Federal agency;</DELETED>
        <DELETED>    (2) limits the discretion of a Federal land 
        manager to implement an approved land use plan within the 
        boundaries of a National Heritage Area; or</DELETED>
        <DELETED>    (3) modifies, alters, or amends any authorized use 
        of Federal land under the jurisdiction of a Federal 
        agency.</DELETED>

<DELETED>SEC. 8. PRIVATE PROPERTY AND REGULATORY PROTECTIONS.</DELETED>

<DELETED>    Nothing in this Act--</DELETED>
        <DELETED>    (1) abridges the rights of any property owner 
        (whether public or private), including the right to refrain 
        from participating in any plan, project, program, or activity 
        conducted within the National Heritage Area;</DELETED>
        <DELETED>    (2) requires any property owner to permit public 
        access (including access by Federal, State, or local agencies) 
        to the property of the property owner, or to modify public 
        access or use of property of the property owner under any other 
        Federal, State, or local law;</DELETED>
        <DELETED>    (3) alters any duly adopted land use regulation, 
        approved land use plan, or other regulatory authority of any 
        Federal, State or local agency, or conveys any land use or 
        other regulatory authority to any local coordinating 
        entity;</DELETED>
        <DELETED>    (4) authorizes or implies the reservation or 
        appropriation of water or water rights;</DELETED>
        <DELETED>    (5) diminishes the authority of the State to 
        manage fish and wildlife, including the regulation of fishing 
        and hunting within the National Heritage Area; or</DELETED>
        <DELETED>    (6) creates any liability, or affects any 
        liability under any other law, of any private property owner 
        with respect to any person injured on the private 
        property.</DELETED>

<DELETED>SEC. 9. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    (a) Suitability-Feasibility Studies.--There is authorized 
to be appropriated to conduct and review suitability-feasibility 
studies under section 4 $750,000 for each fiscal year, of which not 
more than $250,000 for any fiscal year may be used for any individual 
suitability-feasibility study for a proposed National Heritage 
Area.</DELETED>
<DELETED>    (b) Local Coordinating Entities.--</DELETED>
        <DELETED>    (1) In general.--There is authorized to be 
        appropriated to carry out section 6 $15,000,000 for each fiscal 
        year, of which not more than--</DELETED>
                <DELETED>    (A) $1,000,000 may be made available for 
                any fiscal year for any individual National Heritage 
                Area, to remain available until expended; and</DELETED>
                <DELETED>    (B) a total of $10,000,000 may be made 
                available for all such fiscal years for any individual 
                National Heritage Area.</DELETED>
        <DELETED>    (2) Termination date.--</DELETED>
                <DELETED>    (A) In general.--The authority of the 
                Secretary to provide financial assistance to an 
                individual local coordinating entity under this Act 
                (excluding technical assistance and administrative 
                oversight) shall terminate on the date that is 15 years 
                after the date of the initial receipt of the assistance 
                by the local coordinating committee.</DELETED>
                <DELETED>    (B) Designation.--A National Heritage Area 
                shall retain the designation as a National Heritage 
                Area after the termination date prescribed in 
                subparagraph (A).</DELETED>
        <DELETED>    (3) Administration.--Not more than 5 percent of 
        the amount of funds made available under paragraph (1) for a 
        fiscal year may be used by the Secretary for technical 
        assistance, oversight, and administrative purposes.</DELETED>
<DELETED>    (c) Matching Funds.--</DELETED>
        <DELETED>    (1) In general.--As a condition of receiving a 
        grant under this Act, the recipient of the grant shall provide 
        matching funds in an amount that is equal to the amount of the 
        grant.</DELETED>
        <DELETED>    (2) Administration.--The recipient matching 
        funds--</DELETED>
                <DELETED>    (A) shall be derived from non-Federal 
                sources; and</DELETED>
                <DELETED>    (B) may be made in the form of in-kind 
                contributions of goods or services fairly 
                valued.</DELETED>

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``National Heritage 
Partnership Act''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. National Heritage Areas program.
Sec. 4. Studies.
Sec. 5. Management plans.
Sec. 6. Local coordinating entities.
Sec. 7. Relationship to other Federal agencies.
Sec. 8. Private property and regulatory protections.
Sec. 9. Authorization of appropriations.

SEC. 2. DEFINITIONS.

     In this Act:
            (1) Local coordinating entity.--The term ``local 
        coordinating entity'' means the entity designated by Congress--
                    (A) to develop, in partnership with others, the 
                management plan for a National Heritage Area; and
                    (B) to act as a catalyst for the implementation of 
                projects and programs among diverse partners in the 
                National Heritage Area.
            (2) Management plan.--The term ``management plan'' means 
        the plan prepared by the local coordinating entity for a 
        National Heritage Area designated by Congress that specifies 
        actions, policies, strategies, performance goals, and 
        recommendations to meet the goals of the National Heritage 
        Area, in accordance with section 5.
            (3) National heritage area.--The term ``National Heritage 
        Area'' means an area designated by Congress that is nationally 
        significant to the heritage of the United States and meets the 
        criteria established under section 4(a).
            (4) National importance.--The term ``national importance'' 
        means possession of--
                    (A) unique natural, historical, cultural, 
                educational, scenic, or recreational resources of 
                exceptional value or quality; and
                    (B) a high degree of integrity of location, 
                setting, or association in illustrating or interpreting 
                the heritage of the United States.
            (5) Program.--The term ``program'' means the National 
        Heritage Areas program established under section 3(a).
            (6) Proposed national heritage area.--The term ``proposed 
        National Heritage Area'' means an area under study by the 
        Secretary or other parties for potential designation by 
        Congress as a National Heritage Area.
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (8) Study.--The term ``study'' means a study conducted by 
        the Secretary, or conducted by 1 or more other interested 
        parties and reviewed by the Secretary, in accordance with the 
        criteria and processes established under section 4, to 
        determine whether an area meets the criteria to be designated 
        as a National Heritage Area by Congress.

SEC. 3. NATIONAL HERITAGE AREAS PROGRAM.

    (a) In General.--The Secretary shall establish a National Heritage 
Areas program under which the Secretary shall provide technical and 
financial assistance to local coordinating entities to support the 
establishment of National Heritage Areas.
    (b) Duties.--Under the program, the Secretary shall--
            (1)(A) conduct studies, as directed by Congress, to assess 
        the suitability and feasibility of designating proposed 
        National Heritage Areas; or
            (B) review and comment on studies undertaken by other 
        parties to make such assessment;
            (2) provide technical assistance, on a reimbursable or non-
        reimbursable basis (as determined by the Secretary), for the 
        development and implementation of management plans for 
        designated National Heritage Areas;
            (3) enter into cooperative agreements with interested 
        parties to carry out this Act;
            (4) provide information, promote understanding, and 
        encourage research on National Heritage Areas in partnership 
        with local coordinating entities;
            (5) provide national oversight, analysis, coordination, and 
        technical assistance and support to ensure consistency and 
        accountability under the program; and
            (6) submit annually to the Committee on Resources of the 
        House of Representatives and the Committee on Energy and 
        Natural Resources of the Senate a report describing the 
        allocation and expenditure of funds for activities conducted 
        with respect to National Heritage Areas under this Act.

SEC. 4. STUDIES.

    (a) Criteria.--In conducting or reviewing a study, the Secretary 
shall apply the following criteria to determine the suitability and 
feasibility of designating a proposed National Heritage Area:
            (1) An area--
                    (A) has an assemblage of natural, historic, 
                cultural, educational, scenic, or recreational 
                resources that together are nationally important to the 
                heritage of the United States;
                    (B) represents distinctive aspects of the heritage 
                of the United States worthy of recognition, 
                conservation, interpretation, and continuing use;
                    (C) is best managed as such an assemblage through 
                partnerships among public and private entities at the 
                local or regional level;
                    (D) reflects traditions, customs, beliefs, and 
                folklife that are a valuable part of the heritage of 
                the United States;
                    (E) provides outstanding opportunities to conserve 
                natural, historical, cultural, or scenic features;
                    (F) provides outstanding recreational or 
                educational opportunities; and
                    (G) has resources and traditional uses that have 
                national importance.
            (2) Residents, business interests, nonprofit organizations, 
        and governments (including relevant Federal land management 
        agencies) within the proposed area are involved in the planning 
        and have demonstrated significant support through letters and 
        other means for National Heritage Area designation and 
        management.
            (3) The local coordinating entity responsible for preparing 
        and implementing the management plan is identified.
            (4) The proposed local coordinating entity and units of 
        government supporting the designation are willing and have 
        documented a significant commitment to work in partnership to 
        protect, enhance, interpret, fund, manage, and develop 
        resources within the National Heritage Area.
            (5) The proposed local coordinating entity has developed a 
        conceptual financial plan that outlines the roles of all 
        participants (including the Federal Government) in the 
        management of the National Heritage Area.
            (6) The proposal is consistent with continued economic 
        activity within the area.
            (7) A conceptual boundary map has been developed and is 
        supported by the public and participating Federal agencies.
    (b) Consultation.--In conducting or reviewing a study, the 
Secretary shall consult with the managers of any Federal land within 
the proposed National Heritage Area and secure the concurrence of the 
managers with the findings of the study before making a determination 
for designation.
    (c) Transmittal.--On completion or receipt of a study for a 
National Heritage Area, the Secretary shall--
            (1) review, comment, and make findings (in accordance with 
        the criteria specified in subsection (a)) on the feasibility of 
        designating the National Heritage Area;
            (2) consult with the Governor of each State in which the 
        proposed National Heritage Area is located; and
            (3) transmit to the Committee on Resources of the House of 
        Representatives and the Committee on Energy and Natural 
        Resources of the Senate, the study, including--
                    (A) any comments received from the Governor of each 
                State in which the proposed National Heritage Area is 
                located; and
                    (B) a finding as to whether the proposed National 
                Heritage Area meets the criteria for designation.
    (d) Disapproval.--If the Secretary determines that any proposed 
National Heritage Area does not meet the criteria for designation, the 
Secretary shall include within the study submitted under subsection 
(c)(3) a description of the reasons for the determination.
    (e) Designation.--The designation of a National Heritage Area shall 
be--
            (1) by Act of Congress; and
            (2) contingent on the prior completion of a study and an 
        affirmative determination by the Secretary that the area meets 
        the criteria established under subsection (a).

SEC. 5. MANAGEMENT PLANS.

    (a) Requirements.--The management plan for any National Heritage 
Area shall--
            (1) describe comprehensive policies, goals, strategies, and 
        recommendations for telling the story of the heritage of the 
        area covered by the National Heritage Area and encouraging 
        long-term resource protection, enhancement, interpretation, 
        funding, management, and development of the National Heritage 
        Area;
            (2) include a description of actions and commitments that 
        governments, private organizations, and citizens will take to 
        protect, enhance, interpret, fund, manage, and develop the 
        natural, historical, cultural, educational, scenic, and 
        recreational resources of the National Heritage Area;
            (3) specify existing and potential sources of funding or 
        economic development strategies to protect, enhance, interpret, 
        fund, manage, and develop the National Heritage Area;
            (4) include an inventory of the natural, historical, 
        cultural, educational, scenic, and recreational resources of 
        the National Heritage Area related to the national importance 
        and themes of the National Heritage Area that should be 
        protected, enhanced, interpreted, managed, funded, and 
        developed;
            (5) recommend policies and strategies for resource 
        management, including the development of intergovernmental and 
        interagency agreements to protect, enhance, interpret, fund, 
        manage, and develop the natural, historical, cultural, 
        educational, scenic, and recreational resources of the National 
Heritage Area;
            (6) describe a program for implementation for the 
        management plan, including--
                    (A) performance goals;
                    (B) plans for resource protection, enhancement, 
                interpretation, funding, management, and development; 
                and
                    (C) specific commitments for implementation that 
                have been made by the local coordinating entity or any 
                government agency, organization, business, or 
                individual;
            (7) include an analysis of, and recommendations for, means 
        by which Federal, State, and local programs may best be 
        coordinated (including the role of the National Park Service 
        and other Federal agencies associated with the National 
        Heritage Area) to further the purposes of this Act; and
            (8) include a business plan that--
                    (A) describes the role, operation, financing, and 
                functions of the local coordinating entity and of each 
                of the major activities contained in the management 
                plan; and
                    (B) provides adequate assurances that the local 
                coordinating entity has the partnerships and financial 
and other resources necessary to implement the management plan for the 
National Heritage Area.
    (b) Deadline.--
            (1) In general.--Not later than 3 years after the date on 
        which funds are first made available to develop the management 
        plan after designation as a National Heritage Area, the local 
        coordinating entity shall submit the management plan to the 
        Secretary for approval.
            (2) Termination of funding.--If the management plan is not 
        submitted to the Secretary in accordance with paragraph (1), 
        the local coordinating entity shall not qualify for any 
        additional financial assistance under this Act until such time 
        as the management plan is submitted to and approved by the 
        Secretary.
    (c) Approval of Management Plan.--
            (1) Review.--Not later than 180 days after receiving the 
        plan, the Secretary shall review and approve or disapprove the 
        management plan for a National Heritage Area on the basis of 
        the criteria established under paragraph (3).
            (2) Consultation.--The Secretary shall consult with the 
        Governor of each State in which the National Heritage Area is 
        located before approving a management plan for the National 
        Heritage Area.
            (3) Criteria for approval.--In determining whether to 
        approve a management plan for a National Heritage Area, the 
        Secretary shall consider whether--
                    (A) the local coordinating entity represents the 
                diverse interests of the National Heritage Area, 
                including governments, natural and historic resource 
                protection organizations, educational institutions, 
                businesses, recreational organizations, community 
                residents, and private property owners;
                    (B) the local coordinating entity--
                            (i) has afforded adequate opportunity for 
                        public and governmental involvement (including 
                        through workshops and hearings) in the 
                        preparation of the management plan; and
                            (ii) provides for at least semiannual 
                        public meetings to ensure adequate 
                        implementation of the management plan;
                    (C) the resource protection, enhancement, 
                interpretation, funding, management, and development 
                strategies described in the management plan, if 
                implemented, would adequately protect, enhance, 
                interpret, fund, manage, and develop the natural, 
                historic, cultural, educational, scenic, and 
                recreational resources of the National Heritage Area;
                    (D) the management plan would not adversely affect 
                any activities authorized on Federal land under public 
                land laws or land use plans;
                    (E) the local coordinating entity has demonstrated 
                the financial capability, in partnership with others, 
                to carry out the plan;
                    (F) the Secretary has received adequate assurances 
                from the appropriate State and local officials whose 
                support is needed to ensure the effective 
                implementation of the State and local elements of the 
                management plan; and
                    (G) the management plan demonstrates partnerships 
                among the local coordinating entity, Federal, State, 
                and local governments, regional planning organizations, 
                nonprofit organizations, or private sector parties for 
                implementation of the management plan.
            (4) Disapproval.--
                    (A) In general.--If the Secretary disapproves the 
                management plan, the Secretary--
                            (i) shall advise the local coordinating 
                        entity in writing of the reasons for the 
                        disapproval; and
                            (ii) may make recommendations to the local 
                        coordinating entity for revisions to the 
                        management plan.
                    (B) Deadline.--Not later than 180 days after 
                receiving a revised management plan, the Secretary 
                shall approve or disapprove the revised management 
                plan.
            (5) Amendments.--
                    (A) In general.--An amendment to the management 
                plan that substantially alters the purposes of the 
                National Heritage Area shall be reviewed by the 
                Secretary and approved or disapproved in the same 
                manner as the original management plan.
                    (B) Implementation.--The local coordinating entity 
                shall not use Federal funds authorized by this Act to 
                implement an amendment to the management plan until the 
                Secretary approves the amendment.

SEC. 6. LOCAL COORDINATING ENTITIES.

    (a) Duties.--To further the purposes of the National Heritage Area, 
the local coordinating entity shall--
            (1) prepare a management plan for the National Heritage 
        Area, and submit the management plan to the Secretary, in 
        accordance with section 5;
            (2) submit an annual report to the Secretary for each 
        fiscal year for which the local coordinating committee receives 
        Federal funds under this Act, specifying--
                    (A) the specific performance goals and 
                accomplishments of the local coordinating committee;
                    (B) the expenses and income of the local 
                coordinating committee;
                    (C) the amounts and sources of matching funds;
                    (D) the amounts leveraged with Federal funds and 
                sources of the leveraging; and
                    (E) grants made to any other entities during the 
                fiscal year;
            (3) make available for audit for each fiscal year for which 
        the local coordinating entity receives Federal funds under this 
        Act, all information pertaining to the expenditure of the funds 
        and any matching funds; and
            (4) encourage economic viability and sustainability that is 
        consistent with the purposes of the National Heritage Area.
    (b) Authorities.--For the purposes of preparing and implementing 
the approved management plan for the National Heritage Area, the local 
coordinating entity may use Federal funds made available under this Act 
to--
            (1) make grants to political jurisdictions, nonprofit 
        organizations, and other parties within the National Heritage 
        Area;
            (2) enter into cooperative agreements with or provide 
        technical assistance to political jurisdictions, nonprofit 
        organizations, Federal agencies, and other interested parties;
            (3) hire and compensate staff, including individuals with 
        expertise in--
                    (A) natural, historical, cultural, educational, 
                scenic, and recreational resource conservation;
                    (B) economic and community development; and
                    (C) heritage planning;
            (4) obtain funds or services from any source, including 
        other Federal laws or programs;
            (5) contract for goods or services; and
            (6) support activities of partners and any other activities 
        that further the purposes of the National Heritage Area and are 
        consistent with the approved management plan.
    (c) Prohibition on Acquisition of Real Property.--The local 
coordinating entity may not use Federal funds authorized under this Act 
to acquire any interest in real property.

SEC. 7. RELATIONSHIP TO OTHER FEDERAL AGENCIES.

    (a) In General.--Nothing in this Act affects the authority of a 
Federal agency to provide technical or financial assistance under any 
other law.
    (b) Consultation and Coordination.--The head of any Federal agency 
planning to conduct activities that may have an impact on a National 
Heritage Area is encouraged to consult and coordinate the activities 
with the Secretary and the local coordinating entity to the maximum 
extent practicable.
    (c) Other Federal Agencies.--Nothing in this Act--
            (1) modifies, alters, or amends any law or regulation 
        authorizing a Federal agency to manage Federal land under the 
        jurisdiction of the Federal agency;
            (2) limits the discretion of a Federal land manager to 
        implement an approved land use plan within the boundaries of a 
        National Heritage Area; or
            (3) modifies, alters, or amends any authorized use of 
        Federal land under the jurisdiction of a Federal agency.

SEC. 8. PRIVATE PROPERTY AND REGULATORY PROTECTIONS.

    Nothing in this Act--
            (1) abridges the rights of any property owner (whether 
        public or private), including the right to refrain from 
        participating in any plan, project, program, or activity 
        conducted within the National Heritage Area;
            (2) requires any property owner to permit public access 
        (including access by Federal, State, or local agencies) to the 
        property of the property owner, or to modify public access or 
        use of property of the property owner under any other Federal, 
        State, or local law;
            (3) alters any duly adopted land use regulation, approved 
        land use plan, or other regulatory authority of any Federal, 
        State or local agency, or conveys any land use or other 
        regulatory authority to any local coordinating entity;
            (4) authorizes or implies the reservation or appropriation 
        of water or water rights;
            (5) diminishes the authority of the State to manage fish 
        and wildlife, including the regulation of fishing and hunting 
        within the National Heritage Area; or
            (6) creates any liability, or affects any liability under 
        any other law, of any private property owner with respect to 
        any person injured on the private property.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    (a) Studies.--There is authorized to be appropriated to conduct and 
review studies under section 4 $750,000 for each fiscal year, of which 
not more than $250,000 for any fiscal year may be used for any 
individual study for a proposed National Heritage Area.
    (b) Local Coordinating Entities.--
            (1) In general.--There is authorized to be appropriated to 
        carry out section 6 $15,000,000 for each fiscal year, of which 
        not more than--
                    (A) $1,000,000 may be made available for any fiscal 
                year for any individual National Heritage Area, to 
                remain available until expended; and
                    (B) a total of $10,000,000 may be made available 
                for all such fiscal years for any individual National 
                Heritage Area.
            (2) Termination date.--
                    (A) In general.--The authority of the Secretary to 
                provide financial assistance to an individual local 
                coordinating entity under this Act (excluding technical 
                assistance and administrative oversight) shall 
                terminate on the date that is 15 years after the date 
                of the initial receipt of the assistance by the local 
                coordinating committee.
                    (B) Designation.--A National Heritage Area shall 
                retain the designation as a National Heritage Area 
                after the termination date prescribed in subparagraph 
                (A).
            (3) Administration.--Not more than 5 percent of the amount 
        of funds made available under paragraph (1) for a fiscal year 
        may be used by the Secretary for technical assistance, 
        oversight, and administrative purposes.
    (c) Matching Funds.--
            (1) In general.--As a condition of receiving a grant under 
        this Act, the recipient of the grant shall provide matching 
        funds in an amount that is equal to the amount of the grant.
            (2) Administration.--The recipient matching funds--
                    (A) shall be derived from non-Federal sources; and
                    (B) may be made in the form of in-kind 
                contributions of goods or services fairly valued.




                                                       Calendar No. 685

108th CONGRESS

  2d Session

                                S. 2543

                          [Report No. 108-329]

_______________________________________________________________________

                                 A BILL

To establish a program and criteria for National Heritage Areas in the 
                 United States, and for other purposes.

_______________________________________________________________________

                            August 25, 2004

                       Reported with an amendment