[Senate Report 108-329]
[From the U.S. Government Publishing Office]
Calendar No. 685
108th Congress Report
SENATE
2d Session 108-329
======================================================================
NATIONAL HERITAGE PARTNERSHIP ACT
_______
August 25, 2004.--Ordered to be printed
Filed, under authority of the order of the Senate of July 22, 2004
_______
Mr. Domenici, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 2543]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 2543) to establish a program and criteria
for National Heritage Areas in the United States, and for other
purposes, having considered the same, reports favorably thereon
with an amendment and recommends that the bill, as amended, do
pass.
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
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. 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 importance.--The term ``national importance''
means possession of--
(A) unique natural, historical, cultural,
educational, scenic, or recreational resources of
exceptional value or quality; and
(B) a high degree of integrity of location, setting,
or association in illustrating or interpreting the
heritage of the United States.
(5) 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) Study.--The term ``study'' means a study conducted by the
Secretary, or conducted by 1 or more other interested parties
and reviewed by the Secretary, in accordance with the criteria
and processes established under section 4, to determine whether
an area meets the criteria to be designated as a National
Heritage Area by Congress.
SEC. 3. NATIONAL HERITAGE AREAS PROGRAM.
(a) In General.--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 studies, as directed by Congress, to assess
the suitability and feasibility of designating proposed
National Heritage Areas; or
(B) review and comment on studies undertaken by other parties
to make such assessment;
(2) provide technical assistance, on a reimbursable or non-
reimbursable basis (as determined by the Secretary), for the
development and implementation of management plans for
designated National Heritage Areas;
(3) enter into cooperative agreements with interested parties
to carry out this Act;
(4) provide information, promote understanding, and encourage
research on National Heritage Areas in partnership with local
coordinating entities;
(5) provide national oversight, analysis, coordination, and
technical assistance and support to ensure consistency and
accountability under the program; and
(6) submit annually to the Committee on Resources of the
House of Representatives and the Committee on Energy and
Natural Resources of the Senate a report describing the
allocation and expenditure of funds for activities conducted
with respect to National Heritage Areas under this Act.
SEC. 4. STUDIES.
(a) Criteria.--In conducting or reviewing a study, the Secretary
shall apply the following criteria to determine the suitability and
feasibility of designating a proposed National Heritage Area:
(1) An area--
(A) has an assemblage of natural, historic, cultural,
educational, scenic, or recreational resources that
together are nationally important to the heritage of
the United States;
(B) represents distinctive aspects of the heritage of
the United States worthy of recognition, conservation,
interpretation, and continuing use;
(C) is best managed as such an assemblage through
partnerships among public and private entities at the
local or regional level;
(D) reflects traditions, customs, beliefs, and
folklife that are a valuable part of the heritage of
the United States;
(E) provides outstanding opportunities to conserve
natural, historical, cultural, or scenic features;
(F) provides outstanding recreational or educational
opportunities; and
(G) has resources and traditional uses that have
national importance.
(2) Residents, business interests, nonprofit organizations,
and governments (including relevant Federal land management
agencies) within the proposed area are involved in the planning
and have demonstrated significant support through letters and
other means for National Heritage Area designation and
management.
(3) The local coordinating entity responsible for preparing
and implementing the management plan is identified.
(4) The proposed local coordinating entity and units of
government supporting the designation are willing and have
documented a significant commitment to work in partnership to
protect, enhance, interpret, fund, manage, and develop
resources within the National Heritage Area.
(5) The proposed local coordinating entity has developed a
conceptual financial plan that outlines the roles of all
participants (including the Federal Government) in the
management of the National Heritage Area.
(6) The proposal is consistent with continued economic
activity within the area.
(7) A conceptual boundary map has been developed and is
supported by the public and participating Federal agencies.
(b) Consultation.--In conducting or reviewing a study, the Secretary
shall consult with the managers of any Federal land within the proposed
National Heritage Area and secure the concurrence of the managers with
the findings of the study before making a determination for
designation.
(c) Transmittal.--On completion or receipt of a study for a National
Heritage Area, the Secretary shall--
(1) review, comment, and make findings (in accordance with
the criteria specified in subsection (a)) on the feasibility of
designating the National Heritage Area;
(2) consult with the Governor of each State in which the
proposed National Heritage Area is located; and
(3) transmit to the Committee on Resources of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate, the study, including--
(A) any comments received from the Governor of each
State in which the proposed National Heritage Area is
located; and
(B) a finding as to whether the proposed National
Heritage Area meets the criteria for designation.
(d) Disapproval.--If the Secretary determines that any proposed
National Heritage Area does not meet the criteria for designation, the
Secretary shall include within the study submitted under subsection
(c)(3) a description of the reasons for the determination.
(e) Designation.--The designation of a National Heritage Area shall
be--
(1) by Act of Congress; and
(2) contingent on the prior completion of a study and an
affirmative determination by the Secretary that the area meets
the criteria established under subsection (a).
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 importance
and themes of the National Heritage Area that should be
protected, enhanced, interpreted, managed, funded, and
developed;
(5) recommend policies and strategies for resource
management, including the development of intergovernmental and
interagency agreements to protect, enhance, interpret, fund,
manage, and develop the natural, historical, cultural,
educational, scenic, and recreational resources of the National
Heritage Area;
(6) describe a program for implementation for the management
plan, including--
(A) performance goals;
(B) plans for resource protection, enhancement,
interpretation, funding, management, and development;
and
(C) specific commitments for implementation that have
been made by the local coordinating entity or any
government agency, organization, business, or
individual;
(7) include an analysis of, and recommendations for, means by
which Federal, State, and local programs may best be
coordinated (including the role of the National Park Service
and other Federal agencies associated with the National
Heritage Area) to further the purposes of this Act; and
(8) include a business plan that--
(A) describes the role, operation, financing, and
functions of the local coordinating entity and of each
of the major activities contained in the management
plan; and
(B) provides adequate assurances that the local
coordinating entity has the partnerships and financial
and other resources necessary to implement the
management plan for the National Heritage Area.
(b) 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
(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) Studies.--There is authorized to be appropriated to conduct and
review studies under section 4 $750,000 for each fiscal year, of which
not more than $250,000 for any fiscal year may be used for any
individual study for a proposed National Heritage Area.
(b) Local Coordinating Entities.--
(1) 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.
PURPOSE OF THE MEASURE
The purpose of S. 2543 is to establish a program and
criteria for National Heritage Areas in the United States.
BACKGROUND AND NEED
The National Park Service has defined a Natural Heritage
Area as a ``place designated by the United States Congress
where natural, cultural, historic and recreational resources
combine to form a cohesive nationally distinctive landscape
arising from patterns of human activity shaped by geography.''
They are established to commemorate, conserve and promote
important areas that include natural, scenic, historic,
cultural or recreational resources. Unlike areas that are under
the sole jurisdiction of the National Park Service, such as
national parks or monuments, heritage areas typically remain in
non-Federal ownership and are managed by local communities and
partners. To date, Congress has designated 24 National Heritage
Areas.
National Heritage Areas receive financial and technical
assistance through cooperative agreements with the National
Park Service. They also receive funds from other agencies and
non-Federal sources. Most heritage areas are authorized to
receive appropriations of up to $1 million each year, with a
maximum total appropriation of $10 to $15 million. Generally,
the authorizing legislation for each heritage area includes a
requirement that Federal funds must be matched equally by non-
Federal funds. For fiscal years 1997 through 2002 National
Heritage Areas received $310 million in funding. Of this total,
approximately $154 million came from State and local
governments and private sources and $156 million came from the
Federal Government.
Although the National Park Service has developed suggested
criteria for assessing whether an area may qualify as a
National Heritage Area, there are currently no statutory
criteria, no systematic process for identifying or evaluating
potential heritage areas and no formal program for managing
them. Of the 24 existing heritage areas, ten have been
designated by Congress without a thorough National Park Service
review. Of those ten, six, a quarter of the existing heritage
areas, were designated by Congress despite the agency's
recommendation that designation be deferred. Not surprisingly,
the opportunity for Federal funding has resulted in an increase
in proposals for new heritage areas, with more than 30 heritage
area proposals currently pending in the 108th Congress. The
sizable number of new proposals before Congress has raised some
concern regarding the most effective means to manage the
program in the future.
The Government Accountability Office (GAO) recently
published a report that examined heritage areas and suggested
ways to improve their accountability (GAO04-593T, March 30,
2004). The report recommends that standardized criteria be
adopted for evaluating potential National Heritage Areas. The
GAO report also suggests, given the magnitude of funds
appropriated, that certain key management controls be
instituted to ensure accountability and program consistency. S.
2543 will establish program requirements and criteria for
evaluating potential National Heritage Areas as well as place
limitations on Federal funding for the program.
LEGISLATIVE HISTORY
Senators Thomas and Burns introduced S. 2543 on June 17,
2004. The Senate Subcommittee on National Parks held a hearing
on S. 2543 on June 21, 2004. The Committee on Energy and
Natural Resources ordered S. 2543, as amended, favorably
reported on July 14, 2004.
COMMITTEE RECOMMENDATION
The Committee on Energy and Natural Resources, in an open
business session on July 14, 2004, by a unanimous voice vote of
a quorum present, recommends that the Senate pass S. 2543, if
amended as described herein.
COMMITTEE AMENDMENT
During its consideration of S. 2543, the Committee adopted
an amendment in the nature of a substitute. In addition to
making several clarifying and conforming changes. The amendment
changed the reference for the standard by which potential
heritage areas are to be evaluated from one of ``national
significance'' to ``national importance'' consistent with the
Administration's recommendations. The amendment also deleted a
provision in section 4(d) which would have allowed the
Secretary of the Interior to recommend against designation of
an area in the study of the area, notwithstanding that the
proposed area met the criteria for designation. The purpose of
the study is to provide Congress with an analysis of the merits
of the proposed area, which may differ from an Administration's
ultimate recommendation whether to support legislation
establishing any particular area. The amendment is described in
detail in the section-by-section analysis below.
SECTION-BY-SECTION ANALYSIS
Section 1(a) entitles this Act the ``National Heritage
Partnership Act''.
Subsection (b) contains the table of contents for this Act.
Section 2 contains definitions of key terms used in the
Act. This section was amended to define the term ``national
importance'' in place of ``national significance''.
Section 3 directs the Secretary of the Interior (Secretary)
to establish a National Heritage Area (NHA) program and to
provide technical and financial assistance to local
coordinating entities.
Subsection (b) describes the duties of the Secretary under
the program.
Section 4(a) describes the criteria to be used by the
Secretary to determine the feasibility and suitability of a
proposed NHA. This section also describes the administrative
process for the transmittal, approval and disapproval of the
feasibility study. Designation of NHA's shall be contingent
upon the completion of the feasibility study and approval of
that study by the Secretary.
Section 5 describes the requirements for a heritage area's
management plan. This section also includes procedural
requirements for the submission, approval, disapproval and
amendment of the plan.
Section 6 describes the duties and responsibilities of the
local coordinating entity for a heritage area. This section
also describes the purposes under which the coordinating entity
is authorized to expend Federal funds and prohibits the entity
from using Federal funds to acquire real property.
Section 7 states that nothing in this Act affects the
authority of a Federal agency to providetechnical or financial
assistance to a NHA. Other Federal agencies are encouraged to consult
with the Secretary on issues concerning the NHA to the extent
practicable. Nothing in this Act limits, modifies, alters or amends any
authorized use of Federal land.
Section 8 contains several savings provisions.
Paragraph (1) states that nothing in this Act shall affect
the rights of any private property owner.
Paragraph (2) states that nothing in this Act requires a
private property owner to permit public access.
Paragraph (3) states that nothing in this Act affects any
existing land use regulation or alters any land use or provides
regulatory authority to the coordinating entity.
Paragraph (4) states that nothing in this Act authorizes or
implies the reservation or appropriation of water, or water
rights.
Paragraph (5) provides that nothing in this Act diminishes
the authority of a State to manage fish and wildlife.
Paragraph (6) states that nothing in this Act shall affect
the liability of any private property owner.
Section 9(a) authorizes the appropriation of $750,000, for
each fiscal year, to conduct and review feasibility studies for
potential heritage areas. Not more than $250,000 is authorized
for any individual study for any given fiscal year.
Subsection (b) authorizes and limits annual appropriations
for heritage areas to $15,000,000 with not more than $1,000,000
annually for any individual heritage area. A total
appropriation of $10,000,000 may be made for an individual
heritage area over all fiscal years. The Secretary's authority
to provide technical and financial assistance to each heritage
area is limited to 15 years, but the area is authorized to
retain the designation of National Heritage Area after Federal
funding has terminated. The Secretary may extend up to five
percent of the annual authorized appropriation of $15,000,000
for the purposes of technical assistance and oversight and
administration of the program.
Subsection (c) requires the recipient of any grant made
under this Act to provide, through non-Federal sources, an
amount equal to the Federal grant. The non-Federal contribution
may include in-kind contributions of goods and services.
COST AND BUDGETARY CONSIDERATIONS
The following estimate of the cost of this measures has
been provided by the Congressional Budget Office.
S. 2543--National Heritage Partnership Act
S. 2543 would provide a framework for establishing new
national heritage areas (NHAs). NHAs are cultural or historical
areas managed locally in cooperation with the National Park
Service (NPS) but are not units of the National Park System.
CBO estimates that enacting S. 2543--by itself--would have no
effect on the federal budget because none of the activities
authorized by the bill could occur without further authorizing
legislation. The bill, however, would establish a new procedure
that could affect how many and how quickly new NHAs could be
established using future appropriations. Enacting S. 2543 would
not affect direct spending or revenues.
This legislation contains no intergovernmental or private-
sector mandates as defined in the Unfunded Mandates Reform Act
and would impose no costs on state, local, or tribal
governments.
S. 2543 would establish criteria and mechanisms for
assessing, planning, designating, and developing new national
heritage areas. For each proposed new NHA, Congressional action
would be required to authorize both the first step, a
feasibility study, and the final step, a formal NHA
designation.
Under the bill, once a feasibility study of a potential NHA
has been authorized by the Congress, the NPS would either
conduct the study itself or allow one to be undertaken by an
interested local entity. Completed and assessed studies would
then be submitted to the Congress. If legislation to designate
the NHA is enacted and funds are made available, the chosen
local coordinating entity for the area would have three years
to submit a general management plan to the Secretary of the
Interior for approval.
The bill would authorize the appropriation of up to
$250,000 annually for individual feasibility studies (up to a
total of $750,000 a year). Finally, the bill would authorize
the appropriation of up to $1 million per NHA per year (up to a
total of $15 million annually) for financial and technical
assistance to local coordinating entities. Such funds (up to a
15-year total of $10 million per NHA) would be used to develop
and implement management plans and administer the area.
Because the authority to appropriate funds provided in S.
2543 would depend on subsequent acts of Congress to authorize
feasibility studies and designate new NHAs, CBO estimates that
enacting this legislation alone would have no effect on the
federal budget.
The CBO staff contact for this estimate is Deborah Reis.
The estimate was reviewed by Peter H. Fontaine, Deputy
Assistant Director for Budget Analysis.
REGULATORY IMPACT EVALUATION
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 2543.
The bill is not a regulatory measure in the sense of
imposing government-established standards or significant
economic responsibilities on private individuals and
businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of S. 2543.
EXECUTIVE COMMUNICATIONS
On June 24, 2004, the Committee on Energy and Natural
Resources requested legislative reports from the Department of
the Interior and the Office of Management and Budget setting
forth Executive agency recommendations on S. 2543. These
reports had not been received when this report was filed. The
testimony provided by the Department of the Interior and the
Government Accountability Office at the Subcommittee hearing on
S. 2543 follows:
Statement of A. Durand Jones, Deputy Director, National Park Service,
Department of the Interior
Mr. Chairman and members of the subcommittee, it is my
pleasure to appear before you today to testify on behalf of the
Department of the Interior on S. 2543, the National Heritage
Partnership Act. The Department strongly supports this bill,
but has a few concerns about some of the provisions.
The Department strongly supports legislation to establish a
national heritage areas program. We would like to thank
Chairman Thomas for his leadership over the last year in
evaluating programmatic issues, identifying areas for
legislative action, and introducing this bill based on the
Administration's legislative proposal. This legislation was
developed through a year-long process of Congressional
oversight hearings, outside evaluations of the program (such as
the March 2004 report by the General Accounting Office) and
meetings among may of the groups interested in this issue.
S. 2543 provides a much-needed framework for evaluating
proposed national heritage area designations, offers guidelines
for successful planning, clarifies the roles and
responsibilities of all parties, and standardizes timeframes
and funding for designated areas.
The Department supports the national heritage areas
approach to resource conservation through partnerships with
communities. National heritage areas are intended to preserve
nationally important natural, cultural, historic, and
recreational resources through the creation of partnerships
among Federal, State and local entities. National heritage
areas are locally driven, initiated and managed by the people
who live there and do not impose Federal zoning, land use
controls nor do they require land acquisition. At its best, the
collaborative approach of this program embodies Secretary of
the Interior Gale Norton's ``Four Cs''--Communication,
Consultation and Cooperation, all in the service of
Conservation.
S. 2543 supports a conservative strategy that recognizes
that the people who live in a heritage area are uniquely
qualified to preserve it. Being designated as a national
heritage area can benefit visitors, community residents,
existing National Park units located in the area, and other
federal lands by expanding the opportunity to interpret and
protect resources over a larger landscape and by telling our
shared national story.
There are three provisions in S. 2543 that we wish to
discuss in more detail and to offer suggestions for
improvements.
criteria for evaluation
The standards for evaluating areas proposed for national
designation are an essential element in establishing a national
heritage areas program. While many places in this nation have
special meaning to the people that live there, for many places
designation as a State or local heritage area may be most
appropriate. The National Park Service should be the lead
partner only when the resource within a proposed heritage area
are of national importance.
The Department has some concerns about the use of the term
``national significance'' and the definition provided in S.
2543. We recommend replacing the term ``national significance''
with the term ``national importance'' to avoid confusion. The
National Park Service specifically uses the term ``national
significance'' in suitability and feasibility studies for new
National Park System units. For this reason, the term
``national importance'' has been informally used by the
National Park Service to describe the assessment of national
heritage area resources.
In addition, having a concise, appropriate, and practical
definition for ``national significance'' or ``national
importance'' is critical. We would suggest a revised definition
as applied in practice to existing and proposed national
heritage areas:
``The term `National Importance' is ascribed to a proposed
heritage area that illustrates major historic, cultural,
natural or social themes important to the history of the United
States and contains resources that are outstanding examples of
natural and cultural features that contribute to the theme, and
which possess a high degree of integrity, and are compatible
with continued community development, public enjoyment, and
use.''
suitability/feasibility study
The Department believes that a study should be required for
every proposed national heritage area and the study should be
evaluated against legislatively established criteria before
designation. S. 2543 requires that such a study be prepared
that demonstrates evidence of place-based resources that tell a
nationally significant story, which has the support and
involvement of the local community. This requirement has been
field-tested and has been shown to increase the future success
of the heritage area.
The Department recommends a modification to the terminology
used for studies. In order to be consistent with terminology
used in past study and designation bills for national heritage
areas, we recommend that the studies be called ``feasibility
studies'' instead of ``suitability/feasibility studies.'' This
would also lessen any confusion with studies for new units of
the National Park System that are called suitability and
feasibility studies. We recommend that this change in
terminology be used throughout the bill when referring to these
studies.
funding and timeframes
When the first national heritage corridors were designated
twenty years ago, a Federal commission provided management for
the areas and the National Park Service provided most of the
staff. The national heritage corridor or area was conceived as
a less expensive alternative to the acquisition and operation
costs of creating a new unit of the National Park System.
Theseareas were originally authorized for five years with a five-year
extension; over time, the corridors have been reauthorized for
additional periods.
For the 18 national heritage areas established after 1995,
the National Park Service encouraged management with greater
involvement by local entities as a more cost-effective use of
Federal resources. Most of these newer areas are managed by a
non-profit entity or a State government and include a funding
formula of not more than $10 million Federal dollars over a
fifteen-year period. Our legislative proposal recommends
codifying this approach and for the first time requires that a
business plan be developed as part of the management planning
for proposed new areas. This would ensure that from the
beginning, national heritage areas are working towards and have
an established plan for self-sufficiency. So far, no existing
areas has ``graduated'' from the program, even after 20 years
and in some cases, and nearly $100 million invested overall.
For this reason, we recognize the need to work with existing
areas to assist them in a transition strategy as they reach the
end of their funding authorization. As areas become self-
sufficient, available resources could be reallocated to newly
designated areas or other priorities.
The Department is concerned with the new provision in
section 9 of S. 2543 that caps the heritage areas program at
$15 million per year. The Administration did not propose a cap
on the program because we believe it is more appropriate to cap
the amount of appropriations each area is authorized to
receive, and to limit the authorized period for appropriations.
Currently, there are 15 new national heritage areas pending for
designation in Congress. In addition, there are 24 designated
national heritage areas, many of which are authorized to
receive appropriations of $1 million per year. However, we
would expect to allocate funding among these areas within the
levels of funds appropriated, which might require providing
less than the individual authorized ceilings in some instances.
conclusion
Recent studies and our own experiences have shown that the
national heritage area approach links people and place, nature
and culture, and the present with the past. National heritage
areas capitalize on the unique role local communities play in
preserving their heritage and telling their stories. S. 2543
respects these principles. It assigns the appropriate roles and
responsibilities to the key partners that must work together to
make the program successful. It also recognizes the need to
target our assistance to those areas where there is a national
interest and where the local partners meet established criteria
for success. We look forward to working with the committee to
enact this important legislation.
CHANGES IN EXISTING LAW
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the Committee notes that no
changes in existing law are made by the bill S. 2543 as ordered
reported.