[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 243 Reported in Senate (RS)]






                                                        Calendar No. 38
109th CONGRESS
  1st Session
                                 S. 243

                          [Report No. 109-26]

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

                            February 1, 2005

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

                             March 9, 2005

              Reported by Mr. Domenici, without amendment

_______________________________________________________________________

                                 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,

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 
        important 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. 38

109th CONGRESS

  1st Session

                                 S. 243

                          [Report No. 109-26]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                             March 9, 2005

                       Reported without amendment