[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6287 Introduced in House (IH)]








109th CONGRESS
  2d Session
                                H. R. 6287

   To establish criteria for and to create a National Heritage Areas 
                      System in the United States.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 29, 2006

Mr. Hefley (for himself and Mrs. Johnson of Connecticut) introduced the 
    following bill; which was referred to the Committee on Resources

_______________________________________________________________________

                                 A BILL


 
   To establish criteria for and to create a National Heritage Areas 
                      System in the United States.

    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 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. Findings and purposes.
Sec. 3. Definitions.
Sec. 4. National heritage areas system.
Sec. 5. Feasibility studies.
Sec. 6. Designation.
Sec. 7. Management plans.
Sec. 8. Local coordinating entities.
Sec. 9. Relationship to other federal agencies.
Sec. 10. Property owners and regulatory protections.
Sec. 11. Partnership support.
Sec. 12. Funding.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--The Congress finds the following:
            (1) Certain areas of the United States tell nationally 
        important stories; they illustrate significant aspects of our 
        heritage; possess exceptional natural, cultural, scenic, and 
        historic resources; and represent the diversity of our national 
        character.
            (2) In these areas, the interaction of natural processes, 
        geography, history, cultural traditions, and economic and 
        social forces form distinctive landscapes that should be 
        recognized, protected, enhanced, and interpreted to improve the 
        quality of life in the regions and to provide opportunities for 
        public appreciation, education, enjoyment, and economic 
        sustainability.
            (3) Local initiatives based on community and regional 
        visions, involving public/private partnerships, are critical to 
        protecting, enhancing and interpreting natural, historic, 
        scenic, and cultural resources related to our American 
        heritage. These initiatives should be encouraged and supported 
        by the Federal government with the concurrence of the relevant 
        Federal land management agencies and Tribal governments by 
        providing financial and technical assistance.
            (4) Partnerships among Federal, Tribal, State and local 
        governments, nonprofit organizations, the private sector, and 
        citizens provide the most viable framework to recognize, 
        protect, enhance, and interpret the resources of places that 
        have made important contributions to the national story.
            (5) Communities and regions need assistance to set resource 
        stewardship and interpretive goals, and to implement strategies 
        for resource protection and renewed economic viability in these 
        areas.
            (6) A unified national process as well as certain standards 
        for designation of National Heritage Areas need to be 
        established to provide a consistent framework. The process 
        should include a system for approval of heritage area 
        management plans.
            (7) National Heritage Areas located near or encompassing 
        units of the National Park System provide an additional basis 
        for public enjoyment of parks and park-related resources, and 
        it is appropriate for these parks to participate in, assist 
        with, and benefit from local heritage initiatives that conserve 
        and interpret resources over a larger area beyond the park's 
        boundaries.
            (8) It is in the national interest and will benefit future 
        generations to establish a system of National Heritage Areas to 
        encourage resource conservation, protection, interpretation, 
        enhancement, and economic sustainability, and for full public 
        understanding and appreciation of the many resources, places, 
        events, and peoples that have contributed to the rich heritage 
        of this Nation.
    (b) Purposes.--The purposes of this Act are as follows:
            (1) To establish a system of regional and community-based 
        National Heritage Areas to protect, enhance, and interpret 
        natural, historic, scenic, and cultural resources that together 
        tell nationally important stories representing our country's 
        heritage.
            (2) To promote public understanding, appreciation and 
        enjoyment of the many places, events, and people that have 
        contributed to our nationally diverse story.
            (3) To promote innovative and partnership-driven management 
        strategies that recognize regional values, to encourage locally 
        tailored resource stewardship and interpretation, to develop 
        economically viable and innovative approaches to community 
        conservation, and to provide for the effective leveraging of 
        Federal funds with State, local, Tribal, and private funding 
        sources.
            (4) To provide unified national standards and processes for 
        conducting feasibility studies, designating National Heritage 
        Areas, and approving heritage area management plans.
            (5) To provide appropriate linkages among units of the 
        National Park System, and communities, governments, and 
        organizations within National Heritage Areas to protect, 
        enhance, and interpret resources outside of park boundaries.
            (6) To authorize the Secretary of the Interior to provide 
        financial and technical assistance to local coordinating 
        entities that act as a catalyst for diverse regions, 
        communities, organizations, and citizens to undertake projects 
        and programs for resource stewardship and interpretation.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Feasibility study.--The term ``feasibility study'' 
        means a study conducted by the Secretary of the Interior, or 
        conducted by 1 or more other interested parties and reviewed by 
        the Secretary, in accordance with the criteria and processes 
        outlined in section 5, to determine whether an area meets the 
        criteria to be designated as a National Heritage Area by 
        Congress.
            (2) Local coordinating entity.--The term ``local 
        coordinating entity'' means the entity designated by Congress 
        to undertake, in partnership with others, the management plan 
        and to act as a catalyst for implementation projects and 
        programs among diverse partners in the National Heritage Area.
            (3) Management plan.--The term ``management plan'' means 
        the plan prepared by the local coordinating entity for a 
        National Heritage Area that specifies actions, policies, 
        strategies, performance goals, and recommendations taken to 
        meet the goals of the heritage area as specified in section 7.
            (4) National heritage area.--The term ``National Heritage 
        Area'' means an area or corridor designated by Congress that 
        tells nationally important stories representing our American 
        heritage.
            (5) Proposed national heritage area.--The term ``proposed 
        National Heritage Area'' is an area or corridor under study by 
        the Secretary of the Interior or other parties for potential 
        designation by Congress as a National Heritage Area.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (7) System.--The term ``system'' means the system of 
        National Heritage Areas established under section 4.
            (8) Tribal government.--The term ``Tribal government'' 
        means the governing body of an Indian or Alaska Native tribe, 
        band, nation, pueblo, village, or community that the Secretary 
        of the Interior acknowledges to exist as an Indian tribe 
        pursuant to the Federally Recognized Indian Tribe List Act of 
        1994, 25 U.S.C. 479a.
            (9) Tribal lands.--The term ``Tribal lands'' means all 
        lands within the exterior boundaries of any Indian reservation, 
        all lands the title to which is held by the United States in 
        trust for an Indian tribe or lands the title to which is held 
        by an Indian tribe subject to a restriction by the United 
        States against alienation, and all dependent Indian 
        communities.

SEC. 4. NATIONAL HERITAGE AREAS SYSTEM.

    (a) In General.--In order to recognize certain areas of the United 
States that tell nationally important stories and to protect, enhance, 
and interpret the areas' natural, historic, scenic, and cultural 
resources that together illustrate significant aspects of our country's 
heritage, there is established a National Heritage Areas System through 
which the Secretary shall provide technical and financial assistance to 
local coordinating entities to support the establishment, development, 
and continuity of the National Heritage Areas.
    (b) System.--The National Heritage Areas System shall be composed 
of the following:
            (1) National Heritage Areas designated by Congress prior to 
        the date of enactment of this Act.
            (2) National Heritage Areas designated by Congress 
        subsequent to the date of enactment of this Act, as provided 
        for in this Act.
    (c) Relationship to the National Park System.--
            (1) Relationship to national park units.--The Secretary 
        shall--
                    (A) assure to the maximum extent practicable, 
                participation and assistance by any unit of the 
                National Park System located near or encompassed by any 
                National Heritage Area in local initiatives for that 
                National Heritage Area that conserve and interpret 
                resources consistent with an approved management plan 
                for the National Heritage Area; and
                    (B) work with National Heritage Areas to promote 
                public enjoyment of units of the National Park System 
                and park-related resources.
            (2) Applicability of laws.--National Heritage Areas shall 
        not be considered to be units of the National Park System nor 
        shall the areas be subject to the authorities applicable to 
        units of the National Park System.
    (d) Duties.--Under the system, the Secretary shall--
            (1) undertake studies as directed by Congress through 
        legislation to assess the feasibility of designating proposed 
        National Heritage Areas or review and comment on studies 
        undertaken by other parties for this purpose;
            (2) submit annually to the Committee on Resources of the 
        House of Representatives and the Committee on Energy and 
        Natural Resources of the United States Senate a report 
        describing the activities conducted with respect to National 
        Heritage Areas in accordance with this Act; and
            (3) conduct an evaluation and prepare a report on the 
        accomplishments, sustainability, and recommendations, if any, 
        for the future of each designated National Heritage Area 3 
        years prior to the cessation of Federal funding for the area 
        under section 12(a) and submit a report on the findings of the 
        evaluation to the Committee on Resources of the House of 
        Representatives and the Committee on Energy and Natural 
        Resources of the United States Senate.
    (e) Authorities.--In carrying out this Act, the Secretary may--
            (1) provide technical and financial assistance on a 
        reimbursable or nonreimbursable basis as determined by the 
        Secretary in the development and implementation of management 
        plans for designated National Heritage Areas;
            (2) enter into cooperative agreements with other Federal 
        agencies, State, tribal, and local governments, local 
        coordinating entities, and other interested parties to carry 
        out the purposes of this Act;
            (3) provide information, promote understanding, and 
        encourage research on National Heritage Areas in partnership 
        with local coordinating entities; and
            (4) provide national oversight, analysis, coordination, 
        technical and financial assistance, and support to ensure 
        consistency and accountability of the system.

SEC. 5. FEASIBILITY STUDIES.

    (a) Criteria.--The Secretary, in undertaking a feasibility study, 
or reviewing a feasibility study conducted by others, shall apply the 
following criteria to determine the feasibility of designating a 
proposed National Heritage Area:
            (1) An area.--
                    (A) has an assemblage of natural, historic, or 
                cultural resources that together tell a nationally 
                important story;
                    (B) represents distinctive landscapes and aspects 
                of our American heritage 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 folk 
                life that are a valuable part of the national story;
                    (E) provides outstanding opportunities to conserve 
                natural, cultural, historic, and/or scenic features;
                    (F) provides outstanding recreational and 
                educational opportunities; and
                    (G) has the resources and traditional uses 
                important to the identified stories and themes and 
                these resources and uses retain a degree of integrity 
                capable of interpretation.
            (2) Residents, business interests, non-profit 
        organizations, and governments including relevant Federal land 
        management agencies within the proposed area and Tribal 
        governments 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 and interpret resources within the National 
        Heritage Area.
            (5) The proposed local coordinating entity has developed a 
        feasible conceptual financial plan that outlines the roles of 
        all participants including the Federal government.
            (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 by participating Federal agencies.
    (b) Concurrence of an Affected Federal Agency.--In undertaking a 
feasibility study, or in reviewing a study undertaken by others, the 
Secretary should consult with the head of any Federal agency that 
manages lands within the proposed National Heritage Area and secure the 
agency's concurrence with the findings of the feasibility study prior 
to making a determination of feasibility for designation.
    (c) Review and Consultation.--Based upon the completion of a 
feasibility study, or upon receipt of an acceptable feasibility study 
conducted by others, the Secretary shall--
            (1) review, comment on, and determine if the study meets 
        the criteria specified in subsection (a) for designation as a 
        National Heritage Area; and
            (2) consult with the Governor of any State and with Tribal 
        governments in which the proposed National Heritage Area is 
        located.
    (d) Transmittal and Recommendation.--The Secretary--
            (1) shall transmit the study, including any comments 
        received from the Governor of any State and Tribal government 
        in which the proposed National Heritage Area is located, to the 
        Committee on Resources of the House of Representatives and the 
        Committee on Energy and Natural Resources of the United States 
        Senate with a finding as to whether or not the proposed 
        National Heritage Area meets the criteria for designation and 
        the reasons for that determination; and
            (2) may transmit a letter, providing a recommendation 
        concerning designation of the proposed National Heritage Area. 
        Such a recommendation may be based on the budgetary impact of 
        the designation or any other factor unrelated to the criteria.

SEC. 6. DESIGNATION.

    (a) In General.--The designation of a National Heritage Area shall 
be--
            (1) by Act of Congress; and
            (2) contingent on the prior completion of a feasibility 
        study and an affirmative determination by the Secretary that 
        the area meets the criteria established under section 5(a).
    (b) Component of the System.--Any National Heritage Area designated 
under subsection (a) shall be a component of the National Heritage 
Areas System established in section 4.

SEC. 7. 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 region's heritage 
        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, and interpret the natural, historic, scenic, 
        and cultural 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 stories and themes of 
        the region that should be protected, enhanced, managed or 
        developed;
            (5) recommend policies and strategies for resource 
        management including, but not limited to, the development of 
        intergovernmental and interagency agreements to protect the 
        National Heritage Area's natural, historical, cultural, 
        educational, scenic, and recreational resources;
            (6) describe a program of implementation for the management 
        plan including: performance goals; plans for resource 
        protection, enhancement, interpretation; and specific 
        commitments for implementation that have been made by the local 
        coordinating entity or any government, organization, business, 
        or individual;
            (7) include an analysis and recommendations for ways in 
        which local, State, tribal, and Federal 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 and Termination of Funding.--
            (1) Deadline.--The local coordinating entity shall submit 
        the management plan to the Secretary for approval within 3 
        years from the date when any funds are made available for this 
        purpose after designation as a National Heritage Area.
            (2) Termination of funding.--If the management plan is not 
        submitted to the Secretary in accordance with this subsection, 
        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.--Based upon the criteria in paragraph (3), the 
        Secretary shall review and approve or disapprove the management 
        plan for a National Heritage Area not later than 180 days after 
        receiving the management plan.
            (2) Consultation.--The Secretary shall consult with the 
        Governor of any State and tribal government in which the 
        National Heritage Area is located prior to approving any 
        management plan.
            (3) Criteria for approval.--In determining whether to 
        approve the management plan, the Secretary shall consider 
        whether--
                    (A) the local coordinating entity is representing 
                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 has afforded 
                adequate opportunity, workshops and hearings, for 
                public and governmental involvement in the preparation 
                of the management plan, and includes provisions for at 
                least semi-annual public meetings to assure adequate 
                implementation of the management plan;
                    (C) the resource protection and interpretation 
                strategies contained in the management plan, if 
                implemented, would adequately protect, enhance and 
                interpret the natural, historic, scenic, and cultural 
                resources of the National Heritage Area;
                    (D) the management plan would not adversely affect 
                any activities authorized on Federal or Tribal lands 
                under applicable laws or pursuant to land use plans;
                    (E) the local coordinating entity has demonstrated 
                financial capability, in partnership with others, to 
                carry out the management plan;
                    (F) the Secretary has received adequate assurances 
                from the appropriate State and local officials and 
                Tribal governments whose support is needed to ensure 
                the effective implementation of the State, Tribal, and 
                local aspects of the management plan; and
                    (G) the management plan demonstrates partnerships 
                among the local coordinating entity, Federal, Tribal, 
                State, or local governments, regional planning 
                organizations, non-profit organizations, or private-
                sector parties for implementation of the management 
                plan.
            (4) Action following disapproval.--If the Secretary 
        disapproves the management plan, the Secretary shall advise the 
        local coordinating entity in writing of the reasons and may 
        make recommendations for revisions to the management plan. The 
        Secretary shall approve or disapprove a proposed revision 
        within 180 days after receiving the revised management plan.
            (5) Amendments.--Amendments to the management plan that 
        substantially alter the purposes of the National Heritage Area 
        shall be reviewed by the Secretary and approved in the same 
        manner as provided for in the original management plan. The 
        local coordinating entity shall not use Federal funds 
        authorized by this Act to implement any amendments until the 
        Secretary has approved the amendments.

SEC. 8. LOCAL COORDINATING ENTITIES.

    (a) Duties.--To further the purposes of the National Heritage Area, 
the local coordinating entity shall--
            (1) prepare and submit a management plan for the National 
        Heritage Area to the Secretary in accordance with section 7 of 
        this Act;
            (2) submit an annual report to the Secretary for any fiscal 
        year in which it receives Federal funds under this Act, setting 
        forth its specific performance goals and accomplishments, 
        expenses and income, amounts and sources of matching funds, the 
        amounts leveraged with Federal funds and sources of such 
        leveraging, and grants made to any other entities during the 
        year for which the report is made;
            (3) make available for audit for any fiscal year in which 
        it receives Federal funds under this Act, all information 
        pertaining to the expenditure of such funds and any matching 
        funds; and
            (4) encourage by appropriate means economic viability and 
        sustainability that is consistent with the purposes of the 
        National Heritage Area.
    (b) Authorities.--The local coordinating entity may, subject to the 
prior approval of the Secretary, for the purposes of preparing and 
implementing the approved management plan for the National Heritage 
Area, use Federal funds made available through 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 which shall include 
        individuals with expertise in natural, cultural, and historic 
        resources conservation; economic and community development; and 
        heritage planning;
            (4) obtain money or services from any source including any 
        that are provided under 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) Prohibitions on the Acquisition of Real Property.--The local 
coordinating entity may not use Federal funds received under this Act 
to acquire any interest in real property.

SEC. 9. RELATIONSHIP TO OTHER FEDERAL AGENCIES.

    (a) This Act shall not affect the authority of any Federal official 
to provide technical or financial assistance under any other law.
    (b) The head of any Federal agency planning to conduct activities 
that may have an impact on a designated National Heritage Area is 
encouraged to consult and coordinate these activities with the 
Secretary and the local coordinating entity to the extent practicable.
    (c) This Act shall not modify any law or regulation authorizing 
Federal officials to manage Federal land under their control or limit 
the discretion of Federal land managers to implement approved land use 
plans within the boundaries of a National Heritage Area, nor shall this 
Act be construed to modify, alter or amend any authorized uses of these 
Federal lands.

SEC. 10. PROPERTY OWNERS AND REGULATORY PROTECTIONS.

    Nothing in this Act shall be construed to--
     (a) abridge 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;
    (b) require any property owner to permit public access (including 
Federal, tribal, State, or local government access) to such property or 
to modify any provisions of Federal, tribal, State, or local law with 
regard to public access or use of private lands;
    (c) alter any duly adopted land use regulation or any approved land 
use plan or any other regulatory authority of any Federal, State, or 
local agency or Tribal government, or to convey any land use or other 
regulatory authority to any local coordinating entity;
    (d) authorize or imply the reservation or appropriation of water or 
water rights;
    (e) diminish the authority of the State to manage fish and wildlife 
including the regulation of fishing and hunting within the National 
Heritage Area; or
    (f) 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.

SEC. 11. PARTNERSHIP SUPPORT.

    (a) Technical Assistance.--Upon termination of the 15-year period 
for which assistance is provided under section 12(a), the Secretary may 
continue to provide technical assistance, as authorized under section 
4, to a National Heritage Area upon the request of the local 
coordinating entity.
    (b) Grant Assistance.--Regardless of whether financial assistance 
has been terminated under section 12(a), a National Heritage Area may 
receive financial assistance under any grant program funded through the 
Historic Preservation Fund, including the Save America's Treasures 
program and the Preserve America program, or under any grant program 
funded through any other source of funding, provided that the National 
Heritage Area meets the eligibility requirements of such programs.

SEC. 12. FUNDING.

    (a) Authorization of Appropriations.--
            (1) There are authorized to be appropriated to carry out 
        the 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) The authority of the Secretary to provide financial 
        assistance in section 4(e) to a local coordinating entity 
        (excluding technical assistance and administrative oversight) 
        shall terminate 15 years after the date of enactment of the law 
        designating a National Heritage Area.
            (3) In addition to amounts authorized in paragraph (1), 
        there is authorized to be appropriated to the Secretary to 
        conduct feasibility studies by the National Park Service in 
        accordance with the provisions of section 5, not more than 
        $750,000 for any fiscal year, with not more than $250,000 used 
        for any one feasibility study for a proposed National Heritage 
        Area.
    (b) Matching Funds.--As a condition of providing financial 
assistance under section 4(e) to a local coordinating entity, the 
Secretary shall require the recipient to provide matching funds equal 
to the amount of the financial assistance. 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) Administrative.--Not more than 5 percent of the funds made 
available under subsection (a)(1) for a fiscal year may be used by the 
Secretary for technical assistance, oversight, and administrative 
purposes.
                                 <all>