1.Short title; table of
contents
(a)This Act may be cited as the National Heritage Partnership
Act
.
(b)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.
2.In this Act:
(1)Local
coordinating entityThe 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)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)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)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)The
term program means the National Heritage Areas program established
under section 3(a).
(6)Proposed
National Heritage AreaThe 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)The
term Secretary means the Secretary of the Interior.
(8)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.
3.National
Heritage Areas program
(a)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)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.
4.
(a)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)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)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)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)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).
5.
(a)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)
(1)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)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)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)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)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)
(A)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)Not
later than 180 days after receiving a revised management plan, the Secretary
shall approve or disapprove the revised management plan.
(5)
(A)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)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.
6.Local
coordinating entities
(a)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)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 propertyThe local coordinating entity may
not use Federal funds authorized under this Act to acquire any interest in real
property.
7.Relationship to
other Federal agencies
(a)Nothing in this Act affects the authority of a Federal
agency to provide technical or financial assistance under any other law.
(b)Consultation
and coordinationThe 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)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.
8.Private property
and regulatory protectionsNothing 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.
9.Authorization of
appropriations
(a)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)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)
(A)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)A
National Heritage Area shall retain the designation as a National Heritage Area
after the termination date prescribed in subparagraph (A).
(3)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)
(1)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)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.
March 9, 2005
Reported without amendment