1.Short title; table of
contents
(a)This Act may be cited as the National Heritage Area Act of
2012
.
(b)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.
2.
(a)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)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.
3.In this Act:
(1)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 entityThe 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)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)The term National Heritage Area means
a region designated by Congress that tells nationally significant stories
representing our American heritage.
(5)Proposed
national heritage areaThe 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)The
term Secretary means the Secretary of the Interior.
(7)The
term system means the system of National Heritage Areas
established under section 4.
(8)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)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.
4.National Heritage
Areas System
(a)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)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 unitsThe 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)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)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)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.
5.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.
6.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.
7.
(a)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)Any National Heritage Area designated under subsection (a)
shall be a component of the National Heritage Areas System established in
section 4.
8.
(a)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)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)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)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.
9.Local
coordinating entities
(a)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)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 propertyThe local coordinating entity
may not use Federal funds received under this Act to acquire any interest in
real property.
10.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 shall consult and coordinate
these activities with the Secretary and the local coordinating entity.
(c)Other laws and
regulationsThis 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.
11.Property owners
and regulatory protectionsNothing 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.
12.
(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)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)There
are authorized to be appropriated to the Secretary such sums as may be
necessary for technical assistance, oversight, and administrative
purposes.
13.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.