[Congressional Record Volume 150, Number 84 (Thursday, June 17, 2004)]
[Senate]
[Pages S7012-S7014]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. THOMAS (for himself and Mr. Burns):
  S. 2543. A bill to establish a program and criteria for National 
Heritage Areas in the United States, and for other purposes; to the 
Committee on Energy and Natural Resources.
  Mr. THOMAS: Mr. President, I rise today to introduce the ``National 
Heritage Partnership Act.'' The first Heritage area was created on 
August 24, 1984--the Illinois and Michigan National Heritage Corridor. 
Little or no growth occurred in this program for the first 10 years. 
However, in the last couple of years the Congress has added 23 more 
Heritage areas!
  The Park Service provides technical assistance and funding but 
Heritage areas are not National Parks. About 30 bills have been 
introduced this Congress to study or designate new areas. There are no 
Federal guidelines requiring what a heritage bill must contain, the 
program has very little requirements and it is out of control.
  As a result, I have conducted two oversight hearings in the National 
Parks Subcommittee. I also had the General Accounting Office conduct a 
review of Heritage Areas. The following concerns were identified: 
individual areas are designated with specific legislation, but a 
National Heritage Area Program does not exist in the National Park 
Service; there are no official standards or criteria; existing heritage 
areas range in scope and size from ``Rivers of Steel'' in Pennsylvania 
to the entire State of Tennessee; the potential exists for unlimited 
designations which are impacting funding for other Park Service 
programs; and oversight and accountability of funding is lacking.
  Today, I am introducing legislation with the Chairman of the Interior 
Appropriations Subcommittee which will establish National Heritage Area 
guidelines and criteria. The bill considers the recommendations from 
the GAO report about Heritage Areas and raises the standard for 
designation and requires specific criteria for national significance 
before an area can be designated. In addition, a cap has been placed on 
annual funding for the Heritage Area Program to avoid impacting other 
National Park Service programs.
  This program is out of control. We are continuing to put unnecessary 
fiscal and resource demands on the Park Service. We have no established 
criteria to ensure the recognition of truly nationally significant 
areas. Consequently, we have compromised the integrity of all existing 
and future National Heritage Areas. I am pleased Senator Burns has 
joined me in this effort and I look forward to moving this bill through 
the Senate in the near future.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2543

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``National 
     Heritage Partnership Act''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents..
Sec. 2. Definitions..
Sec. 3. National Heritage Areas program..
Sec. 4. Suitability-feasibility studies..
Sec. 5. Management plans..
Sec. 6. Local coordinating entities..
Sec. 7. Relationship to other Federal agencies..
Sec. 8. Private property and regulatory protections..
Sec. 9. Authorization of appropriations..

     SEC. 2. DEFINITIONS.

        In this Act:
       (1) Local coordinating entity.--The term ``local 
     coordinating entity'' means the entity designated by 
     Congress--
       (A) to develop, in partnership with others, the management 
     plan for a National Heritage Area; and
       (B) to act as a catalyst for the implementation of projects 
     and programs among diverse partners in the National Heritage 
     Area.
       (2) Management plan.--The term ``management plan'' means 
     the plan prepared by the local coordinating entity for a 
     National Heritage Area designated by Congress that specifies 
     actions, policies, strategies, performance goals, and 
     recommendations to meet the goals of the National Heritage 
     Area, in accordance with section 5.
       (3) National heritage area.--The term ``National Heritage 
     Area'' means an area designated by Congress that is 
     nationally significant to the heritage of the United States 
     and meets the criteria established under section 4(a).
       (4) National significance.--The term ``national 
     significance'' means possession of--
       (A) unique natural, historical, cultural, educational, 
     scenic, or recreational resources of exceptional value or 
     quality; and
       (B) a high degree of integrity of location, setting, or 
     association in illustrating or interpreting the heritage of 
     the United States.
       (5) Program.--The term ``program'' means the National 
     Heritage Areas program established under section 3(a).
       (6) Proposed national heritage area.--The term ``proposed 
     National Heritage Area'' means an area under study by the 
     Secretary or other parties for potential designation by 
     Congress as a National Heritage Area.
       (7) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (8) Suitability-feasibility study.--The term ``suitability-
     feasibility study'' means a study conducted by the Secretary, 
     or conducted by 1 or more other interested parties and 
     reviewed by the Secretary, in accordance with the criteria 
     and processes established under section 4, to determine 
     whether an area meets the criteria to be designated as a 
     National Heritage Area by Congress.

     SEC. 3. NATIONAL HERITAGE AREAS PROGRAM.

       (a) In General.--Subject to the availability of funds, the 
     Secretary shall establish a National Heritage Areas program 
     under which the Secretary shall provide technical and 
     financial assistance to local coordinating entities to 
     support the establishment of National Heritage Areas.
       (b) Duties.--Under the program, the Secretary shall--
       (1)(A) conduct suitability-feasibility studies, as directed 
     by Congress, to assess the suitability and feasibility of 
     designating proposed National Heritage Areas; or
       (B) review and comment on suitability-feasibility studies 
     undertaken by other parties to make such assessment;
       (2) provide technical assistance, on a reimbursable or non-
     reimbursable basis (as determined by the Secretary), for the 
     development and implementation of management plans for 
     designated National Heritage Areas;
       (3) enter into cooperative agreements with interested 
     parties to carry out this Act;
       (4) provide information, promote understanding, and 
     encourage research on National Heritage Areas in partnership 
     with local coordinating entities;
       (5) provide national oversight, analysis, coordination, and 
     technical assistance and support to ensure consistency and 
     accountability under the program; and
       (6) submit annually to the Committee on Resources of the 
     House of Representatives and the Committee on Energy and 
     Natural Resources of the Senate a report describing the 
     allocation and expenditure of funds for activities conducted 
     with respect to National Heritage Areas under this Act.

     SEC. 4. SUITABILITY-FEASIBILITY STUDIES.

       (a) Criteria.--In conducting or reviewing a suitability-
     feasibility 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 significant 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 
     significance.
       (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

[[Page S7013]]

     significant commitment to work in partnership to protect, 
     enhance, interpret, fund, manage, and develop resources 
     within the National Heritage Area.
       (5) The proposed local coordinating entity has developed a 
     conceptual financial plan that outlines the roles of all 
     participants (including the Federal Government) in the 
     management of the National Heritage Area.
       (6) The proposal is consistent with continued economic 
     activity within the area.
       (7) A conceptual boundary map has been developed and is 
     supported by the public and participating Federal agencies.
       (b) Consultation.--In conducting or reviewing a 
     suitability-feasibility 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 suitability-feasibility 
     study before making a determination for designation.
       (c) Transmittal.--On completion or receipt of a 
     suitability-feasibility 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 suitability-feasibility study, 
     including--
       (A) any comments received from the Governor of each State 
     in which the proposed National Heritage Area is located; and
       (B) a finding as to whether the proposed National Heritage 
     Area meets the criteria for designation.
       (d) Disapproval.--
       (1) In general.--If the Secretary determines that any 
     proposed National Heritage Area does not meet the criteria 
     for designation, the Secretary shall include within the 
     suitability-feasibility study submitted under subsection 
     (c)(3) a description of the reasons for the determination.
       (2) Other factors.--A finding by the Secretary that a 
     proposed National Heritage Area meets the criteria for 
     designation shall not preclude the Secretary from 
     recommending against designation of the proposed National 
     Heritage Area based on the budgetary impact of the 
     designation or any other factor unrelated to the criteria.
       (e) Designation.--The designation of a National Heritage 
     Area shall be--
       (1) by Act of Congress; and
       (2) contingent on the prior completion of a suitability-
     feasibility study and an affirmative determination by the 
     Secretary that the area meets the criteria established under 
     subsection (a).

     SEC. 5. MANAGEMENT PLANS.

       (a) Requirements.--The management plan for any National 
     Heritage Area shall--
       (1) describe comprehensive policies, goals, strategies, and 
     recommendations for telling the story of the heritage of the 
     area covered by the National Heritage Area and encouraging 
     long-term resource protection, enhancement, interpretation, 
     funding, management, and development of the National Heritage 
     Area;
       (2) include a description of actions and commitments that 
     governments, private organizations, and citizens will take to 
     protect, enhance, interpret, fund, manage, and develop the 
     natural, historical, cultural, educational, scenic, and 
     recreational resources of the National Heritage Area;
       (3) specify existing and potential sources of funding or 
     economic development strategies to protect, enhance, 
     interpret, fund, manage, and develop the National Heritage 
     Area;
       (4) include an inventory of the natural, historical, 
     cultural, educational, scenic, and recreational resources of 
     the National Heritage Area related to the national 
     significance and themes of the National Heritage Area that 
     should be protected, enhanced, interpreted, managed, funded, 
     and developed;
       (5) recommend policies and strategies for resource 
     management, including the development of intergovernmental 
     and interagency agreements to protect, enhance, interpret, 
     fund, manage, and develop the natural, historical, cultural, 
     educational, scenic, and recreational resources of the 
     National Heritage Area;
       (6) describe a program for implementation for the 
     management plan, including--
       (A) performance goals;
       (B) plans for resource protection, enhancement, 
     interpretation, funding, management, and development; and
       (C) specific commitments for implementation that have been 
     made by the local coordinating entity or any government 
     agency, organization, business, or individual;
       (7) include an analysis of, and recommendations for, means 
     by which Federal, State, and local programs may best be 
     coordinated (including the role of the National Park Service 
     and other Federal agencies associated with the National 
     Heritage Area) to further the purposes of this Act; and
       (8) include a business plan that--
       (A) describes the role, operation, financing, and functions 
     of the local coordinating entity and of each of the major 
     activities contained in the management plan; and
       (B) provides adequate assurances that the local 
     coordinating entity has the partnerships and financial and 
     other resources necessary to implement the management plan 
     for the National Heritage Area.
       (b) Deadline.--
       (1) In general.--Not later than 3 years after the date on 
     which funds are first made available to develop the 
     management plan after designation as a National Heritage 
     Area, the local coordinating entity shall submit the 
     management plan to the Secretary for approval.
       (2) Termination of funding.--If the management plan is not 
     submitted to the Secretary in accordance with paragraph (1), 
     the local coordinating entity shall not qualify for any 
     additional financial assistance under this Act until such 
     time as the management plan is submitted to and approved by 
     the Secretary.
       (c) Approval of Management Plan.--
       (1) Review.--Not later than 180 days after receiving the 
     plan, the Secretary shall review and approve or disapprove 
     the management plan for a National Heritage Area on the basis 
     of the criteria established under paragraph (3).
       (2) Consultation.--The Secretary shall consult with the 
     Governor of each State in which the National Heritage Area is 
     located before approving a management plan for the National 
     Heritage Area.
       (3) Criteria for approval.--In determining whether to 
     approve a management plan for a National Heritage Area, the 
     Secretary shall consider whether--
       (A) the local coordinating entity represents the diverse 
     interests of the National Heritage Area, including 
     governments, natural and historic resource protection 
     organizations, educational institutions, businesses, 
     recreational organizations, community residents, and private 
     property owners;
       (B) the local coordinating entity--
       (i) has afforded adequate opportunity for public and 
     governmental involvement (including through workshops and 
     hearings) in the preparation of the management plan; and
       (ii) provides for at least semiannual public meetings to 
     ensure adequate implementation of the management plan;
       (C) the resource protection, enhancement, interpretation, 
     funding, management, and development strategies described in 
     the management plan, if implemented, would adequately 
     protect, enhance, interpret, fund, manage, and develop the 
     natural, historic, cultural, educational, scenic, and 
     recreational resources of the National Heritage Area;
       (D) the management plan would not adversely affect any 
     activities authorized on Federal land under public land laws 
     or land use plans;
       (E) the local coordinating entity has demonstrated the 
     financial capability, in partnership with others, to carry 
     out the plan;
       (F) the Secretary has received adequate assurances from the 
     appropriate State and local officials whose support is needed 
     to ensure the effective implementation of the State and local 
     elements of the management plan; and
       (G) the management plan demonstrates partnerships among the 
     local coordinating entity, Federal, State, and local 
     governments, regional planning organizations, nonprofit 
     organizations, or private sector parties for implementation 
     of the management plan.
       (4) Disapproval.--
       (A) In general.--If the Secretary disapproves the 
     management plan, the Secretary--
       (i) shall advise the local coordinating entity in writing 
     of the reasons for the disapproval; and
       (ii) may make recommendations to the local coordinating 
     entity for revisions to the management plan.
       (B) Deadline.--Not later than 180 days after receiving a 
     revised management plan, the Secretary shall approve or 
     disapprove the revised management plan.
       (5) Amendments.--
       (A) In general.--An amendment to the management plan that 
     substantially alters the purposes of the National Heritage 
     Area shall be reviewed by the Secretary and approved or 
     disapproved in the same manner as the original management 
     plan.
       (B) Implementation.--The local coordinating entity shall 
     not use Federal funds authorized by this Act to implement an 
     amendment to the management plan until the Secretary approves 
     the amendment.

     SEC. 6. LOCAL COORDINATING ENTITIES.

       (a) Duties.--To further the purposes of the National 
     Heritage Area, the local coordinating entity shall--
       (1) prepare a management plan for the National Heritage 
     Area, and submit the management plan to the Secretary, in 
     accordance with section 5;
       (2) submit an annual report to the Secretary for each 
     fiscal year for which the local coordinating committee 
     receives Federal funds under this Act, specifying--
       (A) the specific performance goals and accomplishments of 
     the local coordinating committee;
       (B) the expenses and income of the local coordinating 
     committee;
       (C) the amounts and sources of matching funds;
       (D) the amounts leveraged with Federal funds and sources of 
     the leveraging; and
       (E) grants made to any other entities during the fiscal 
     year;
       (3) make available for audit for each fiscal year for which 
     the local coordinating entity receives Federal funds under 
     this Act, all information pertaining to the expenditure of 
     the funds and any matching funds; and

[[Page S7014]]

       (4) encourage economic viability and sustainability that is 
     consistent with the purposes of the National Heritage Area.
       (b) Authorities.--For the purposes of preparing and 
     implementing the approved management plan for the National 
     Heritage Area, the local coordinating entity may use Federal 
     funds made available under this Act to--
       (1) make grants to political jurisdictions, nonprofit 
     organizations, and other parties within the National Heritage 
     Area;
       (2) enter into cooperative agreements with or provide 
     technical assistance to political jurisdictions, nonprofit 
     organizations, Federal agencies, and other interested 
     parties;
       (3) hire and compensate staff, including individuals with 
     expertise in--
       (A) natural, historical, cultural, educational, scenic, and 
     recreational resource conservation;
       (B) economic and community development; and
       (C) heritage planning;
       (4) obtain funds or services from any source, including 
     other Federal laws or programs;
       (5) contract for goods or services; and
       (6) support activities of partners and any other activities 
     that further the purposes of the National Heritage Area and 
     are consistent with the approved management plan.
       (c) Prohibition on Acquisition of Real Property.--The local 
     coordinating entity may not use Federal funds authorized 
     under this Act to acquire any interest in real property.

     SEC. 7. RELATIONSHIP TO OTHER FEDERAL AGENCIES.

       (a) In General.--Nothing in this Act affects the authority 
     of a Federal agency to provide technical or financial 
     assistance under any other law.
       (b) Consultation and Coordination.--The head of any Federal 
     agency planning to conduct activities that may have an impact 
     on a National Heritage Area is encouraged to consult and 
     coordinate the activities with the Secretary and the local 
     coordinating entity to the maximum extent practicable.
       (c) Other Federal Agencies.--Nothing in this Act--
       (1) modifies, alters, or amends any law or regulation 
     authorizing a Federal agency to manage Federal land under the 
     jurisdiction of the Federal agency;
       (2) limits the discretion of a Federal land manager to 
     implement an approved land use plan within the boundaries of 
     a National Heritage Area; or
       (3) modifies, alters, or amends any authorized use of 
     Federal land under the jurisdiction of a Federal agency.

     SEC. 8. PRIVATE PROPERTY AND REGULATORY PROTECTIONS.

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

     SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

       (a) Suitability-Feasibility Studies.--There is authorized 
     to be appropriated to conduct and review suitability-
     feasibility 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 suitability-feasibility study for 
     a proposed National Heritage Area.
       (b) Local Coordinating Entities.--
       (1) In general.--There is authorized to be appropriated to 
     carry out section 6 $15,000,000 for each fiscal year, of 
     which not more than--
       (A) $1,000,000 may be made available for any fiscal year 
     for any individual National Heritage Area, to remain 
     available until expended; and
       (B) a total of $10,000,000 may be made available for all 
     such fiscal years for any individual National Heritage Area.
       (2) Termination date.--
       (A) In general.--The authority of the Secretary to provide 
     financial assistance to an individual local coordinating 
     entity under this Act (excluding technical assistance and 
     administrative oversight) shall terminate on the date that is 
     15 years after the date of the initial receipt of the 
     assistance by the local coordinating committee.
       (B) Designation.--A National Heritage Area shall retain the 
     designation as a National Heritage Area after the termination 
     date prescribed in subparagraph (A).
       (3) Administration.--Not more than 5 percent of the amount 
     of funds made available under paragraph (1) for a fiscal year 
     may be used by the Secretary for technical assistance, 
     oversight, and administrative purposes.
       (c) Matching Funds.--
       (1) In general.--As a condition of receiving a grant under 
     this Act, the recipient of the grant shall provide matching 
     funds in an amount that is equal to the amount of the grant.
       (2) Administration.--The recipient matching funds--
       (A) shall be derived from non-Federal sources; and
       (B) may be made in the form of in-kind contributions of 
     goods or services fairly valued.
                                 ______