[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4099 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 4099

 To authorize a National Heritage Area Program, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 28, 2012

 Mr. Dent (for himself, Mr. Tonko, Mr. Barletta, Mrs. Christensen, Mr. 
Connolly of Virginia, Mr. Critz, Mr. Dingell, Mr. Doyle, Mr. Engel, Mr. 
  Fitzpatrick, Mr. Gerlach, Mr. Gibson, Mr. Grijalva, Mr. Hanna, Ms. 
 Hayworth, Mr. Hinchey, Mr. Holden, Mr. Holt, Mr. Johnson of Georgia, 
  Ms. Kaptur, Mr. LaTourette, Mrs. Lowey, Mr. Marino, Mr. Meehan, Mr. 
   Platts, Mr. Ryan of Ohio, Mr. Tierney, Ms. Tsongas, Mr. Pastor of 
  Arizona, and Mr. McGovern) introduced the following bill; which was 
             referred to the Committee on Natural Resources

_______________________________________________________________________

                                 A BILL


 
 To authorize a National Heritage Area Program, 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 
Area Act of 2012''.
    (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. Management plan.
Sec. 7. Designation.
Sec. 8. Evaluation.
Sec. 9. Local coordinating entities.
Sec. 10. Relationship to other Federal agencies.
Sec. 11. Property owners and regulatory protections.
Sec. 12. Funding.
Sec. 13. Sunset.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--The Congress finds the following:
            (1) Certain areas of the United States tell nationally 
        significant 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, conserved, 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 
        conserving, 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, State, tribal, and local 
        governments, nonprofit organizations, the private sector, and 
        citizens provide the most viable framework to recognize, 
        conserve, 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 conservation 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 natural and cultural resource conservation, 
        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 to--
            (1) establish a system of regional and community-based 
        National Heritage Areas to conserve, enhance, and interpret 
        natural, historic, scenic, and cultural resources that together 
        tell nationally significant stories representing our country's 
        heritage;
            (2) promote public understanding, appreciation and 
        enjoyment of the many places, events, and people that have 
        contributed to our diverse national story;
            (3) 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) provide unified national standards and processes for 
        conducting feasibility studies, designating National Heritage 
        Areas, and approving heritage area management plans;
            (5) provide appropriate linkages among units of the 
        National Park System, and communities, governments, and 
        organizations within National Heritage Areas to conserve, 
        enhance, and interpret resources outside of park boundaries; 
        and
            (6) 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 one 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 a 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 this Act.
            (4) National heritage area.--The term ``National Heritage 
        Area'' means a region designated by Congress that tells 
        nationally significant 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 tribe, band, nation, or 
        other organized group or community of Indians that is 
        recognized by the Secretary as having a government-to-
        government relationship with the United States and is eligible 
        for the special programs and services provided by the United 
        States to Indians because of their status as Indians, as 
        evidenced by inclusion of the tribe on the list of recognized 
        tribes published by the Secretary under the Federally 
        Recognized Indian Tribe List Act of 199 (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 significant stories and to conserve, 
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 may 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 before the date of 
        the enactment of this Act.
            (2) National Heritage Areas designated under 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 as provided in 
        section 5;
            (2) review and approve or disapprove the management plan 
        for a National Heritage Area as provided in section 7;
            (3) submit to the Committee on Natural Resources of the 
        House of Representatives and the Committee on Energy and 
        Natural Resources of the United States Senate reports 
        describing the activities conducted with respect to National 
        Heritage Areas in accordance with this Act; and
            (4) conduct an evaluation of the accomplishments and 
        prepare a report with recommendations for the National Park 
        Service's future role with respect to each designated National 
        Heritage Area as outlined in section 8.
    (e) Authorities.--In carrying out this Act, the Secretary may--
            (1) provide technical and financial assistance in 
        accordance with the provisions of section 10, and the amounts 
        authorized under section 12, on a reimbursable or 
        nonreimbursable basis as determined by the Secretary in the 
        development and implementation of management plans and for 
        administrative functions 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.

    The Secretary, in undertaking a feasibility study, or reviewing a 
feasibility study conducted by others, shall apply the following 
criteria to determine the suitability and feasibility of designating a 
proposed National Heritage Area:
            (1) The proposed area is worthy of designation as a 
        National Heritage Area because--
                    (A) the area includes natural, historic, cultural, 
                or scenic resources that are associated with nationally 
                significant themes and events and these resources--
                            (i) combine to form a distinct and cohesive 
                        landscape; and
                            (ii) retain enough integrity to support the 
                        themes and events associated with the area's 
                        national importance; and
                    (B) the area provides opportunities to conserve 
                natural, historic, cultural, or scenic resource through 
                local and regional partnerships.
            (2) A conceptual boundary for the proposed area is 
        developed based upon community input and the resources and 
        themes that support the area's national importance.
            (3) Residents, business interests, nonprofit organizations, 
        and governments, including Federal land management agencies and 
        tribal governments within the proposed area, have been involved 
        in the feasibility study process and have demonstrated 
        significant support through letters and other means for 
        National Heritage Area designation.
            (4) A local coordinating entity has been selected to 
        operate the proposed heritage area's activities and the 
        organization is supported by residents, business interests, 
        nonprofit organizations, and governments within the proposed 
        area.
            (5) The recommendations put forth in the feasibility study 
        are consistent with continued economic activity within the 
        area.

SEC. 6. MANAGEMENT PLAN.

    The plan for any National Heritage Area shall--
            (1) use a comprehensive planning approach that includes--
                    (A) opportunities for stakeholders (i.e. community 
                members, local and regional governments, tribes, 
                businesses, nonprofits, and others) to be involved in 
                the planning process;
                    (B) opportunities for stakeholders to review and 
                comment on the draft plan; and
                    (C) documentation of the planning and public 
                participation processes used to develop the plan, 
                including how it was prepared, who was involved in the 
                process, and how and when the stakeholders were 
                involved;
            (2) include an inventory of the natural, historic, 
        cultural, or scenic resources of the National Heritage Area 
        related to the nationally significant themes and events of the 
        region that should be protected, enhanced, interpreted, 
        managed, or developed;
            (3) identify comprehensive goals, strategies, policies, and 
        recommendations for telling the story of the region's heritage 
        and encouraging long-term resource protection, enhancement, 
        interpretation, and development;
            (4) include recommendations for ways in which local, State, 
        tribal, and Federal entities 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;
            (5) outline a strategy for the local coordinating entity to 
        achieve financial sustainability;
            (6) include an implementation program that identifies--
                    (A) prioritized actions and criteria for selecting 
                future projects;
                    (B) the ways in which stakeholders will be involved 
                in their implementation;
                    (C) existing and potential sources of funding;
                    (D) performance goals; and
                    (E) the manner in which the plan will be evaluated 
                and updated; and
            (7) include a business plan for the local coordinating 
        entity that, at minimum, addresses management and operation, 
        products or services offered, the target market for products 
        and services, and revenue streams.

SEC. 7. 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 management plan 
        and an affirmative determination by the Secretary that the area 
        meets the criteria provided in section 5.
    (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. 8. EVALUATION.

    (a) In General.--Not later than every 10 years after the date on 
which of the National Heritage Area occurs, the Secretary shall conduct 
an evaluation of the accomplishments of the National Heritage Area and 
prepare a report with recommendations for the National Park Service's 
continued role with respect to the National Heritage Area.
    (b) Evaluation Components.--An evaluation prepared under subsection 
(a) shall--
            (1) assess the progress of the local coordinating entity 
        with respect to--
                    (A) accomplishing the purposes of the authorizing 
                legislation for the National Heritage Area; and
                    (B) achieving the goals and objectives of the 
                approved management plan for the National Heritage 
                Area;
            (2) analyze the Federal, State, local, and private 
        investments in the National Heritage Area to determine the 
        leverage and impact of the investments; and
            (3) review the management structure, partnership 
        relationships, and funding of the National Heritage Area for 
        purposes of identifying the critical components for 
        sustainability of the National Heritage Area.
    (c) Recommendations.--Based upon the evaluation under subsection 
(a), the Secretary shall prepare a report with recommendations for the 
National Park Service's continued role with respect to the National 
Heritage Area. If the report recommends that Federal funding for the 
National Heritage Area be--
            (1) continued, the report shall include an analysis of--
                    (A) ways in which Federal funding for the National 
                Heritage Area may be reduced or eliminated over time; 
                and
                    (B) the appropriate time period necessary to 
                achieve the recommended reduction or elimination; and
            (2) eliminated, the report to Congress shall include a 
        description potential impacts on conservation, interpretation, 
        and sustainability of the partnership.
    (d) Submission to Congress.--On completion of a report under 
subsection (c), the Secretary shall submit the report to--
            (1) the Committee on Energy and Natural Resources of the 
        Senate; and
            (2) the Committee on Natural Resources of the House of 
        Representatives.

SEC. 9. 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;
            (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 as 
        appropriate, 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 may 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. 10. RELATIONSHIP TO OTHER FEDERAL AGENCIES.

    (a) Provision of Assistance.--This Act shall not affect the 
authority of any Federal official to provide technical or financial 
assistance under any other law.
    (b) Coordination.--The head of any Federal agency planning to 
conduct activities that may have an impact on a designated National 
Heritage Area shall consult and coordinate these activities with the 
Secretary and the local coordinating entity.
    (c) Other Laws and Regulations.--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. 11. PROPERTY OWNERS AND REGULATORY PROTECTIONS.

    Nothing in this Act shall be construed to--
            (1) 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;
            (2) require any property owner to permit public access 
        (including Federal, State, tribal, or local government access) 
        to such property or to modify any provisions of Federal, State, 
        tribal, or local law with regard to public access or use of 
        private lands;
            (3) 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;
            (4) authorize or imply the reservation or appropriation of 
        water or water rights;
            (5) diminish the authority of the State to manage fish and 
        wildlife including the regulation of fishing and hunting within 
        the National Heritage Area; or
            (6) 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. 12. FUNDING.

    (a) Authorization of Appropriations.--
            (1) There are authorized to be appropriated to carry out 
        the activities under section 9 not more than $700,000 for any 
        fiscal year for each National Heritage Area to remain available 
        until expended.
            (2) In addition to amounts authorized in paragraph (1), 
        there are authorized to be appropriated to the Secretary--
                    (A) not more than $300,000 for any fiscal year, to 
                conduct feasibility studies by the National Park 
                Service in accordance with the provisions of section 5, 
                with not more than $100,000 allocated in the fiscal 
                year for any one feasibility study for a proposed 
                National Heritage Area; and
                    (B) not more than $750,000 for any fiscal year, to 
                conduct management plans by the National Park Service 
                in accordance with the provisions of section 6, with 
                not more than $250,000 allocated in the fiscal year for 
                any one management plan for a proposed National 
                Heritage Area.
            (3) Funding provided under paragraph (2) shall be in the 
        form of grants approved by the National Park Service and 
        provided to the local coordinating entity conducting the 
        feasibility study or management plan.
    (b) Matching Funds.--As a condition of providing financial 
assistance under this section to a local coordinating entity, the 
Secretary shall require the entity to provide matching funds--
            (1) equal to the amount of the financial assistance 
        provided for designated National Heritage Areas for any Fiscal 
        Year;
            (2) of 25 percent of the total grant amount received for 
        feasibility study; and
            (3) of 50 percent of the total grant amount received for a 
        management plan. The local coordinating entity's matching 
        funds--
                    (A) must be from non-Federal sources; and
                    (B) may be made in the form of in-kind 
                contributions of goods or services fairly valued.
    (c) Administrative.--There are authorized to be appropriated to the 
Secretary such sums as may be necessary for technical assistance, 
oversight, and administrative purposes.

SEC. 13. SUNSET.

    The system of National Heritage Areas within the National Park 
System established under this Act shall expire on the date that is 25 
years after the date of the enactment of this Act.
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