[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3217 Introduced in Senate (IS)]

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116th CONGRESS
  2d Session
                                S. 3217

  To standardize the designation of National Heritage Areas, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 16, 2020

 Ms. Stabenow (for herself, Mr. Roberts, Mr. Peters, Mr. Heinrich, and 
  Mr. Markey) introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
  To standardize the designation of National Heritage Areas, 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.

    This Act may be cited as the ``National Heritage Area Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Local coordinating entity.--The term ``local 
        coordinating entity'' means the entity designated by Congress--
                    (A) to carry out, in partnership with other 
                individuals and entities, the management plan for a 
                National Heritage Area; and
                    (B) to operate the National Heritage Area, 
                including through the implementation of projects and 
                programs among diverse partners in the National 
                Heritage Area.
            (2) National heritage area.--The term ``National Heritage 
        Area'' means a component of the National Heritage Area System 
        described in section 3(b).
            (3) National heritage area system.--The term ``National 
        Heritage Area System'' means the system established by section 
        3(a).
            (4) Proposed national heritage area.--The term ``proposed 
        National Heritage Area'' means an area that is proposed to be 
        designated as a National Heritage Area.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (6) Tribal government.--The term ``Tribal government'' 
        means the governing body of an Indian Tribe included on the 
        most recent list published by the Secretary pursuant to section 
        104 of the Federally Recognized Indian Tribe List Act of 1994 
        (25 U.S.C. 5131).

SEC. 3. NATIONAL HERITAGE AREA SYSTEM.

    (a) In General.--To recognize certain areas of the United States 
that tell nationally significant stories and to conserve, enhance, and 
interpret those nationally significant stories and the natural, 
historic, scenic, and cultural resources of areas that illustrate 
significant aspects of the heritage of the United States, there is 
established a National Heritage Area System through the administration 
of 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) National Heritage Area System.--The National Heritage Area 
System shall be composed of--
            (1) each National Heritage Area, National Historic 
        District, National Heritage Corridor, National Heritage 
        Canalway, Cultural Heritage Corridor, and National Heritage 
        Partnership designated by Congress before or on the date of 
        enactment of this Act; and
            (2) each National Heritage Area designated by Congress 
        after the date of enactment of this Act, unless the law 
        designating the area exempts that area from the National 
        Heritage Area System by specific reference to this Act.
    (c) Relationship to the National Park System.--
            (1) Relationship to national park units.--The Secretary 
        shall--
                    (A) ensure, to the maximum extent practicable, 
                participation and assistance by any administrator of a 
                unit of the National Park System that is located near 
                or encompassed by a National Heritage Area in local 
                initiatives for the National Heritage Area to conserve 
                and interpret resources consistent with the applicable 
                management plan for the National Heritage Area; and
                    (B) work with local coordinating entities to 
                promote public enjoyment of units of the National Park 
                System and National Park-related resources.
            (2) Treatment.--A National Heritage Area shall not be--
                    (A) considered to be a unit of the National Park 
                System; or
                    (B) subject to the authorities applicable to units 
                of the National Park System.
    (d) Duties.--Under the National Heritage Area System, the Secretary 
shall--
            (1) review and approve or disapprove the management plan 
        for a National Heritage Area in accordance with section 4(c); 
        and
            (2) submit to the Committee on Energy and Natural Resources 
        of the Senate and the Committee on Natural Resources of the 
        House of Representatives reports describing the activities 
        conducted with respect to National Heritage Areas in accordance 
        with this Act.
    (e) Authorities.--In carrying out this Act, the Secretary may--
            (1) conduct or review, as applicable, feasibility studies 
        in accordance with section 4(a);
            (2) conduct an evaluation of the accomplishments of, and 
        submit to Congress a report that includes recommendations 
        regarding the role of National Park Service with respect to, 
        each National Heritage Area, in accordance with section 5;
            (3) use amounts made available under section 7 to provide 
        technical and financial assistance, on a reimbursable or 
        nonreimbursable basis, as determined by the Secretary, for--
                    (A) the development and implementation of 
                management plans for National Heritage Areas; and
                    (B) the administration of National Heritage Areas;
            (4) enter into cooperative agreements with other Federal 
        agencies, States, Tribal governments, local governments, local 
        coordinating entities, and other interested individuals and 
        entities to achieve the purposes of the National Heritage Area 
        System;
            (5) provide information, promote understanding, and 
        encourage research regarding National Heritage Areas, in 
        partnership with local coordinating entities; and
            (6) provide national oversight, analysis, coordination, 
        technical and financial assistance, and support to ensure 
        consistency and accountability of the National Heritage Area 
        System.

SEC. 4. DESIGNATION OF NATIONAL HERITAGE AREAS.

    (a) Studies.--
            (1) In general.--The Secretary may carry out or review a 
        study to assess the suitability and feasibility of each 
        proposed National Heritage Area for designation as a National 
        Heritage Area.
            (2) Preparation.--
                    (A) In general.--A study under paragraph (1) may be 
                carried out--
                            (i) by the Secretary, in consultation with 
                        State and local historic preservation officers, 
                        State and local historical societies, State and 
                        local tourism offices, and other appropriate 
                        organizations and governmental agencies; or
                            (ii) by interested individuals or entities, 
                        if the Secretary certifies that the completed 
                        study meets the requirements of paragraph (3).
                    (B) Certification.--Not later than 1 year after 
                receiving a study carried out by interested individuals 
                or entities under subparagraph (A)(ii), the Secretary 
                shall review and certify whether the study meets the 
                requirements of paragraph (3).
            (3) Requirements.--A study under paragraph (1) shall 
        include analysis, documentation, and determinations on whether 
        the proposed National Heritage Area--
                    (A) has an assemblage of natural, historic, and 
                cultural resources that--
                            (i) represent distinctive aspects of the 
                        heritage of the United States;
                            (ii) are worthy of recognition, 
                        conservation, interpretation, and continuing 
                        use; and
                            (iii) would be best managed--
                                    (I) through partnerships among 
                                public and private entities; and
                                    (II) by linking diverse and 
                                sometimes noncontiguous resources and 
                                active communities;
                    (B) reflects traditions, customs, beliefs, and 
                folklife that are a valuable part of the story of the 
                United States;
                    (C) provides outstanding opportunities--
                            (i) to conserve natural, historic, 
                        cultural, or scenic features; and
                            (ii) for recreation and education;
                    (D) contains resources that--
                            (i) are important to any identified themes 
                        of the proposed National Heritage Area; and
                            (ii) retain a degree of integrity capable 
                        of supporting interpretation;
                    (E) includes residents, business interests, 
                nonprofit organizations, and State and local 
                governments that--
                            (i) are involved in the planning of the 
                        proposed National Heritage Area;
                            (ii) have developed a conceptual financial 
                        plan that outlines the roles of all 
                        participants in the proposed National Heritage 
                        Area, including the Federal Government; and
                            (iii) have demonstrated support for the 
                        designation of the proposed National Heritage 
                        Area;
                    (F) has a potential management entity to work in 
                partnership with the individuals and entities described 
                in subparagraph (E) to develop the proposed National 
                Heritage Area while encouraging State and local 
                economic activity; and
                    (G) has a conceptual boundary map that is supported 
                by the public.
            (4) Report.--
                    (A) In general.--For each study carried out under 
                paragraph (1), the Secretary shall submit to the 
                Committee on Energy and Natural Resources of the Senate 
                and the Committee on Natural Resources of the House of 
                Representatives a report that describes--
                            (i) the findings of the study; and
                            (ii) any conclusions and recommendations of 
                        the Secretary.
                    (B) Timing.--
                            (i) Studies carried out by the secretary.--
                        With respect to a study carried out by the 
                        Secretary in accordance with paragraph 
                        (2)(A)(i), the Secretary shall submit a report 
                        under subparagraph (A) not later than 3 years 
                        after the date on which funds are first made 
                        available to carry out the study.
                            (ii) Studies carried out by other 
                        interested parties.--With respect to a study 
                        carried out by interested individuals or 
                        entities in accordance with paragraph 
                        (2)(A)(ii), the Secretary shall submit a report 
                        under subparagraph (A) not later than 180 days 
                        after the date on which the Secretary certifies 
                        under paragraph (2)(B) that the study meets the 
                        requirements of paragraph (3).
    (b) Designation.--
            (1) In general.--An area may be designated as a National 
        Heritage Area only by an Act of Congress.
            (2) Designation.--On receipt of a report under subsection 
        (a)(4) recommending the designation of a proposed National 
        Heritage Area as a National Heritage Area, Congress may 
        designate--
                    (A) as a National Heritage Area the proposed 
                National Heritage Area that is the subject of the 
                relevant feasibility study; and
                    (B) a local coordinating entity to operate the 
                National Heritage Area.
            (3) Treatment as component of national heritage area 
        system.--A National Heritage Area designated under paragraph 
        (2)(A) shall be a component of the National Heritage Area 
        System, unless the law designating the National Heritage Area 
        exempts the National Heritage Area from the National Heritage 
        Area System through a specific reference to this Act.
    (c) Management Plan.--
            (1) In general.--The applicable local coordinating entity 
        shall develop a management plan for a National Heritage Area in 
        accordance with paragraph (2).
            (2) Requirements.--The management plan for a National 
        Heritage Area shall--
                    (A) be developed using a comprehensive planning 
                approach that includes--
                            (i) opportunities for stakeholders (such as 
                        community members, local and regional 
                        governments, Tribal governments, businesses, 
                        nonprofit organizations, and others)--
                                    (I) to be involved in the planning 
                                process; and
                                    (II) to review and comment on the 
                                draft plan; and
                            (ii) documentation of the planning and 
                        public participation processes, including a 
                        description of--
                                    (I) the means by which the 
                                management plan was prepared;
                                    (II) the stakeholders involved in 
                                the process; and
                                    (III) the timing and method of 
                                stakeholder involvement;
                    (B) include an inventory of the natural, historic, 
                cultural, and scenic resources of the National Heritage 
                Area relating to the nationally significant themes and 
                events of the region that should be protected, 
                enhanced, interpreted, managed, or developed;
                    (C) identify comprehensive goals, strategies, 
                policies, and recommendations for--
                            (i) demonstrating the heritage represented 
                        by the National Heritage Area; and
                            (ii) encouraging long-term resource 
                        protection, enhancement, interpretation, and 
                        development;
                    (D) include recommendations for ways in which 
                Federal, State, Tribal government, and local entities 
                may best be coordinated, including the role of the 
                National Park Service and other Federal agencies 
                associated with the National Heritage Area, to advance 
                the purposes of this Act;
                    (E) describe a strategy by which the local 
                coordinating entity will achieve financial 
                sustainability;
                    (F) include an implementation program that 
                identifies, with respect to the National Heritage 
                Area--
                            (i) prioritized actions and criteria for 
                        selecting future projects;
                            (ii) existing and potential sources of 
                        funding;
                            (iii) performance goals;
                            (iv) the means by which stakeholders will 
                        be involved; and
                            (v) the manner in which the management plan 
                        will be evaluated and updated;
                    (G) include a business plan for the local 
                coordinating entity that, at a minimum, addresses 
                management and operation, products or services offered, 
                the target market for those products and services, and 
                revenue streams; and
                    (H) be submitted to the Secretary for approval by 
                not later than 3 years after the date on which the 
                National Heritage Area is designated by Congress under 
                subsection (b).
            (3) Applicability.--The requirements described in paragraph 
        (2) shall not apply to any management plan or other similar 
        plan in effect on the date of enactment of this Act with 
        respect to a National Heritage Area described in section 
        3(b)(1).

SEC. 5. EVALUATION.

    (a) In General.--At reasonable and appropriate intervals, as 
determined by the Secretary, the Secretary may--
            (1) conduct an evaluation of the accomplishments of a 
        National Heritage Area in accordance with subsection (b); and
            (2) prepare and submit to the Committee on Energy and 
        Natural Resources of the Senate and the Committee on Natural 
        Resources of the House of Representatives a report that 
        includes recommendations for the continued role of the National 
        Park Service with respect to each National Heritage Area in 
        accordance with subsection (c).
    (b) Components.--An evaluation under subsection (a)(1) shall--
            (1) assess the progress of the applicable local 
        coordinating entity of a National Heritage Area with respect 
        to--
                    (A) accomplishing the purposes of the applicable 
                National Heritage Area; and
                    (B) achieving the goals and objectives of the 
                management plan;
            (2) analyze Federal, State, local, Tribal government, 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.--Each report under subsection (a)(2) shall 
include--
            (1) if the report contains a recommendation of the 
        Secretary that Federal funding for the applicable National 
        Heritage Area should be continued, an analysis of--
                    (A) any means by which that Federal funding may be 
                reduced or eliminated over time; and
                    (B) the appropriate time period necessary to 
                achieve the recommended reduction or elimination of 
                Federal funding; or
            (2) if the report contains a recommendation of the 
        Secretary that Federal funding for the applicable National 
        Heritage Area should be eliminated, a description of potential 
        impacts on conservation, interpretation, and sustainability in 
        the applicable National Heritage Area.
    (d) Conforming Amendment.--Section 3052(a) of Public Law 113-291 
(54 U.S.C. 320101 note) is amended by striking paragraph (2).

SEC. 6. PROPERTY OWNERS AND REGULATORY PROTECTIONS.

    Nothing in this Act--
            (1) abridges any right of a public or private property 
        owner, including the right to refrain from participating in any 
        plan, project, program, or activity conducted within a National 
        Heritage Area;
            (2) requires any property owner to permit public access 
        (including Federal, State, Tribal government, or local 
        government access) to a property;
            (3) modifies any provision of Federal, State, Tribal, or 
        local law with respect to public access or use of private land;
            (4)(A) alters any applicable land use regulation, land use 
        plan, or other regulatory authority of any Federal, State, or 
        local agency or Tribal government; or
            (B) conveys to any local coordinating entity any land use 
        or other regulatory authority;
            (5) authorizes or implies the reservation or appropriation 
        of water or water rights;
            (6) diminishes the authority of a State to manage fish and 
        wildlife, including through the regulation of fishing and 
        hunting within a National Heritage Area in the State; or
            (7) creates or affects any liability--
                    (A) under any other provision of law; or
                    (B) of any private property owner with respect to 
                any person injured on private property.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--Notwithstanding any other provision of law, there 
is authorized to be appropriated to the Secretary for each fiscal year 
not more than $1,000,000 for each National Heritage Area.
    (b) Cost-Sharing Requirement.--
            (1) Federal share.--Except as otherwise provided in 
        applicable law, including any law designating a National 
        Heritage Area, the Federal share of the total cost of any 
        activity funded with appropriations authorized by subsection 
        (a) shall be not more than 50 percent.
            (2) Form of non-federal share.--The non-Federal share of 
        the total cost of any activity funded with appropriations 
        authorized by subsection (a) may be in the form of in-kind 
        contributions of goods or services fairly valued.
    (c) Authority To Provide Assistance.--Notwithstanding any other 
provision of law, the Secretary may provide assistance to a National 
Heritage Area during any fiscal year for which appropriations are 
authorized under subsection (a).
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