I 

112TH CONGRESS 

2D SESSION H. R. 4099 

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

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 28, 2012 

Mr. DENT (for himself, Mr. TONKO, Mr. BARLETTA, Mrs. CHRISTENSEN, Mr. 

CONNOLLY of Virginia, Mr. CRITZ, Mr. DINGELL, Mr. DOYLE, Mr. 

ENGEL, Mr. FITZPATRICK, Mr. GERLACH, Mr. GIBSON, Mr. GRIJALVA, 

Mr. HANNA, Ms. HAYWORTH, Mr. HINCHEY, Mr. HOLDEN, Mr. HOLT, 

Mr. JOHNSON of Georgia, Ms. KAPTUR, Mr. LATOURETTE, Mrs. LOWEY, 

Mr. MARINO, Mr. MEEHAN, Mr. PLATTS, Mr. RYAN of Ohio, Mr. TIERNEY, Ms. TSONGAS, Mr. PASTOR of Arizona, and Mr. MCGOVERN) introduced the following bill; which was referred to the Committee on Natural 

Resources 

A BILL 

To authorize a National Heritage Area Program, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘National Heritage Area Act of 2012’’. 

6 (b) TABLE OF CONTENTS.—The table of contents of 

7 this Act is as follows: 


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Sec. 1. Short title; table of contents. 

Sec. 2. Findings and purposes. 

Sec. 3. Definitions. 

Sec. 4. National Heritage Areas System. 

Sec. 5. Feasibility studies. 

Sec. 6. Management plan. 

Sec. 7. Designation. 

Sec. 8. Evaluation. 

Sec. 9. Local coordinating entities. 

Sec. 10. Relationship to other Federal agencies. 

Sec. 11. Property owners and regulatory protections. 

Sec. 12. Funding. 

Sec. 13. Sunset. 

1 SEC. 2. FINDINGS AND PURPOSES. 

2 (a) FINDINGS.—The Congress finds the following: 

3 (1) Certain areas of the United States tell na4 tionally significant stories; they illustrate significant 

5 aspects of our heritage; possess exceptional natural, 

6 cultural, scenic, and historic resources; and rep7 resent the diversity of our national character. 

8 (2) In these areas, the interaction of natural 

9 processes, geography, history, cultural traditions, 

10 and economic and social forces form distinctive land11 scapes that should be recognized, conserved, en12 hanced, and interpreted to improve the quality of life 

13 in the regions and to provide opportunities for public 

14 appreciation, education, enjoyment, and economic 

15 sustainability. 

16 (3) Local initiatives based on community and 

17 regional visions, involving public/private partner18 ships, are critical to conserving, enhancing, and in19 terpreting natural, historic, scenic, and cultural reVerDate Mar 15 2010 23:50 Feb 28, 2012 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4099.IH H4099

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1 sources related to our American heritage. These ini2 tiatives should be encouraged and supported by the 

3 Federal Government with the concurrence of the rel4 evant Federal land management agencies and tribal 

5 governments by providing financial and technical as6 sistance. 

7 (4) Partnerships among Federal, State, tribal, 

8 and local governments, nonprofit organizations, the 

9 private sector, and citizens provide the most viable 

10 framework to recognize, conserve, enhance, and in11 terpret the resources of places that have made im12 portant contributions to the national story. 

13 (5) Communities and regions need assistance to 

14 set resource stewardship and interpretive goals, and 

15 to implement strategies for resource conservation 

16 and renewed economic viability in these areas. 

17 (6) A unified national process as well as certain 

18 standards for designation of National Heritage 

19 Areas need to be established to provide a consistent 

20 framework. The process should include a system for 

21 approval of heritage area management plans. 

22 (7) National Heritage Areas located near or en23 compassing units of the National Park System pro24 vide an additional basis for public enjoyment of 

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1 priate for these parks to participate in, assist with, 

2 and benefit from local heritage initiatives that con3 serve and interpret resources over a larger area be4 yond the park’s boundaries. 

5 (8) It is in the national interest, and will ben6 efit future generations, to establish a system of Na7 tional Heritage Areas to encourage natural and cul8 tural resource conservation, interpretation, enhance9 ment, and economic sustainability, and for full pub10 lic understanding and appreciation of the many re11 sources, places, events, and peoples that have con12 tributed to the rich heritage of this Nation. 

13 (b) PURPOSES.—The purposes of this Act are to— 

14 (1) establish a system of regional and commu15 nity-based National Heritage Areas to conserve, en16 hance, and interpret natural, historic, scenic, and 

17 cultural resources that together tell nationally sig18 nificant stories representing our country’s heritage; 

19 (2) promote public understanding, appreciation 

20 and enjoyment of the many places, events, and peo21 ple that have contributed to our diverse national 

22 story; 

23 (3) promote innovative and partnership-driven 

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1 ship and interpretation, to develop economically via2 ble and innovative approaches to community con3 servation, and to provide for the effective leveraging 

4 of Federal funds with State, local, tribal, and private 

5 funding sources; 

6 (4) provide unified national standards and proc7 esses for conducting feasibility studies, designating 

8 National Heritage Areas, and approving heritage 

9 area management plans; 

10 (5) provide appropriate linkages among units of 

11 the National Park System, and communities, govern12 ments, and organizations within National Heritage 

13 Areas to conserve, enhance, and interpret resources 

14 outside of park boundaries; and 

15 (6) authorize the Secretary of the Interior to 

16 provide financial and technical assistance to local co17 ordinating entities that act as a catalyst for diverse 

18 regions, communities, organizations, and citizens to 

19 undertake projects and programs for resource stew20 ardship and interpretation. 

21 SEC. 3. DEFINITIONS. 

22 In this Act: 

23 (1) FEASIBILITY STUDY.—The term ‘‘feasibility 

24 study’’ means a study conducted by the Secretary of 

25 the Interior, or conducted by one or more other inVerDate Mar 15 2010 23:50 Feb 28, 2012 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H4099.IH H4099

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1 terested parties and reviewed by the Secretary, in 

2 accordance with the criteria and processes outlined 

3 in section 5, to determine whether an area meets the 

4 criteria to be designated as a National Heritage 

5 Area by Congress. 

6 (2) LOCAL COORDINATING ENTITY.—The term 

7 ‘‘local coordinating entity’’ means the entity des8 ignated by Congress to undertake, in partnership 

9 with others, the management plan and to act as a 

10 catalyst for implementation projects and programs 

11 among diverse partners in a National Heritage Area. 

12 (3) MANAGEMENT PLAN.—The term ‘‘manage13 ment plan’’ means the plan prepared by the local co14 ordinating entity for a National Heritage Area that 

15 specifies actions, policies, strategies, performance 

16 goals, and recommendations taken to meet the goals 

17 of the heritage area as specified in this Act. 

18 (4) NATIONAL HERITAGE AREA.—The term 

19 ‘‘National Heritage Area’’ means a region des20 ignated by Congress that tells nationally significant 

21 stories representing our American heritage. 

22 (5) PROPOSED NATIONAL HERITAGE AREA.— 

23 The term ‘‘proposed National Heritage Area’’ is an 

24 area or corridor under study by the Secretary of the 


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1 Interior or other parties for potential designation by 

2 Congress as a National Heritage Area. 

3 (6) SECRETARY.—The term ‘‘Secretary’’ means 

4 the Secretary of the Interior. 

5 (7) SYSTEM.—The term ‘‘system’’ means the 

6 system of National Heritage Areas established under 

7 section 4. 

8 (8) TRIBAL GOVERNMENT.—The term ‘‘tribal 

9 government’’ means the governing body of an Indian 

10 tribe, band, nation, or other organized group or com11 munity of Indians that is recognized by the Sec12 retary as having a government-to-government rela13 tionship with the United States and is eligible for 

14 the special programs and services provided by the 

15 United States to Indians because of their status as 

16 Indians, as evidenced by inclusion of the tribe on the 

17 list of recognized tribes published by the Secretary 

18 under the Federally Recognized Indian Tribe List 

19 Act of 199 (25 U.S.C. 479a). 

20 (9) TRIBAL LANDS.—The term ‘‘tribal lands’’ 

21 means all lands within the exterior boundaries of 

22 any Indian reservation, all lands the title to which 

23 is held by the United States in trust for an Indian 

24 tribe or lands the title to which is held by an Indian 

25 tribe subject to a restriction by the United States 


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1 against alienation, and all dependent Indian commu2 nities. 

3 SEC. 4. NATIONAL HERITAGE AREAS SYSTEM. 

4 (a) IN GENERAL.—In order to recognize certain 

5 areas of the United States that tell nationally significant 

6 stories and to conserve, enhance, and interpret the areas’ 

7 natural, historic, scenic, and cultural resources that to8 gether illustrate significant aspects of our country’s herit9 age, there is established a National Heritage Areas Sys10 tem through which the Secretary may provide technical 

11 and financial assistance to local coordinating entities to 

12 support the establishment, development, and continuity of 

13 the National Heritage Areas. 

14 (b) SYSTEM.—The National Heritage Areas System 

15 shall be composed of the following: 

16 (1) National Heritage Areas designated before 

17 the date of the enactment of this Act. 

18 (2) National Heritage Areas designated under 

19 this Act. 

20 (c) RELATIONSHIP TO THE NATIONAL PARK SYS21 TEM.— 

22 (1) RELATIONSHIP TO NATIONAL PARK

23 UNITS.—The Secretary shall— 

24 (A) assure to the maximum extent prac25 ticable, participation and assistance by any unit 


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1 of the National Park System located near or 

2 encompassed by any National Heritage Area in 

3 local initiatives for that National Heritage Area 

4 that conserve and interpret resources consistent 

5 with an approved management plan for the Na6 tional Heritage Area; and 

7 (B) work with National Heritage Areas to 

8 promote public enjoyment of units of the Na9 tional Park System and park-related resources. 

10 (2) APPLICABILITY OF LAWS.—National Herit11 age Areas shall not be considered to be units of the 

12 National Park System nor shall the areas be subject 

13 to the authorities applicable to units of the National 

14 Park System. 

15 (d) DUTIES.—Under the system, the Secretary 

16 shall— 

17 (1) undertake studies as directed by Congress 

18 through legislation to assess the feasibility of desig19 nating proposed National Heritage Areas or review 

20 and comment on studies undertaken by other parties 

21 for this purpose as provided in section 5; 

22 (2) review and approve or disapprove the man23 agement plan for a National Heritage Area as pro24 vided in section 7; 


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1 (3) submit to the Committee on Natural Re2 sources of the House of Representatives and the 

3 Committee on Energy and Natural Resources of the 

4 United States Senate reports describing the activi5 ties conducted with respect to National Heritage 

6 Areas in accordance with this Act; and 

7 (4) conduct an evaluation of the accomplish8 ments and prepare a report with recommendations 

9 for the National Park Service’s future role with re10 spect to each designated National Heritage Area as 

11 outlined in section 8. 

12 (e) AUTHORITIES.—In carrying out this Act, the Sec13 retary may— 

14 (1) provide technical and financial assistance in 

15 accordance with the provisions of section 10, and the 

16 amounts authorized under section 12, on a reim17 bursable or nonreimbursable basis as determined by 

18 the Secretary in the development and implementa19 tion of management plans and for administrative 

20 functions for designated National Heritage Areas; 

21 (2) enter into cooperative agreements with 

22 other Federal agencies, State, tribal and local gov23 ernments, local coordinating entities, and other in24 terested parties to carry out the purposes of this 

25 Act; 


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1 (3) provide information, promote under2 standing, and encourage research on National Herit3 age Areas in partnership with local coordinating en4 tities; and 

5 (4) provide national oversight, analysis, coordi6 nation, technical and financial assistance, and sup7 port to ensure consistency and accountability of the 

8 system. 

9 SEC. 5. FEASIBILITY STUDIES. 

10 The Secretary, in undertaking a feasibility study, or 

11 reviewing a feasibility study conducted by others, shall 

12 apply the following criteria to determine the suitability 

13 and feasibility of designating a proposed National Herit14 age Area: 

15 (1) The proposed area is worthy of designation 

16 as a National Heritage Area because— 

17 (A) the area includes natural, historic, cul18 tural, or scenic resources that are associated 

19 with nationally significant themes and events 

20 and these resources— 

21 (i) combine to form a distinct and co22 hesive landscape; and 

23 (ii) retain enough integrity to support 

24 the themes and events associated with the 

25 area’s national importance; and 


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1 (B) the area provides opportunities to con2 serve natural, historic, cultural, or scenic re3 source through local and regional partnerships. 

4 (2) A conceptual boundary for the proposed 

5 area is developed based upon community input and 

6 the resources and themes that support the area’s na7 tional importance. 

8 (3) Residents, business interests, nonprofit or9 ganizations, and governments, including Federal 

10 land management agencies and tribal governments 

11 within the proposed area, have been involved in the 

12 feasibility study process and have demonstrated sig13 nificant support through letters and other means for 

14 National Heritage Area designation. 

15 (4) A local coordinating entity has been selected 

16 to operate the proposed heritage area’s activities and 

17 the organization is supported by residents, business 

18 interests, nonprofit organizations, and governments 

19 within the proposed area. 

20 (5) The recommendations put forth in the feasi21 bility study are consistent with continued economic 

22 activity within the area. 

23 SEC. 6. MANAGEMENT PLAN. 

24 The plan for any National Heritage Area shall— 


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1 (1) use a comprehensive planning approach that 

2 includes— 

3 (A) opportunities for stakeholders (i.e. 

4 community members, local and regional govern5 ments, tribes, businesses, nonprofits, and oth6 ers) to be involved in the planning process; 

7 (B) opportunities for stakeholders to re8 view and comment on the draft plan; and 

9 (C) documentation of the planning and 

10 public participation processes used to develop 

11 the plan, including how it was prepared, who 

12 was involved in the process, and how and when 

13 the stakeholders were involved; 

14 (2) include an inventory of the natural, historic, 

15 cultural, or scenic resources of the National Herit16 age Area related to the nationally significant themes 

17 and events of the region that should be protected, 

18 enhanced, interpreted, managed, or developed; 

19 (3) identify comprehensive goals, strategies, 

20 policies, and recommendations for telling the story 

21 of the region’s heritage and encouraging long-term 

22 resource protection, enhancement, interpretation, 

23 and development; 

24 (4) include recommendations for ways in which 

25 local, State, tribal, and Federal entities may best be 


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1 coordinated, including the role of the National Park 

2 Service and other Federal agencies associated with 

3 the National Heritage Area, to further the purposes 

4 of this Act; 

5 (5) outline a strategy for the local coordinating 

6 entity to achieve financial sustainability; 

7 (6) include an implementation program that 

8 identifies— 

9 (A) prioritized actions and criteria for se10 lecting future projects; 

11 (B) the ways in which stakeholders will be 

12 involved in their implementation; 

13 (C) existing and potential sources of fund14 ing; 

15 (D) performance goals; and 

16 (E) the manner in which the plan will be 

17 evaluated and updated; and 

18 (7) include a business plan for the local coordi19 nating entity that, at minimum, addresses manage20 ment and operation, products or services offered, the 

21 target market for products and services, and revenue 

22 streams. 

23 SEC. 7. DESIGNATION. 

24 (a) IN GENERAL.—The designation of a National 

25 Heritage Area shall be— 


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1 (1) by Act of Congress; and 

2 (2) contingent on the prior completion of a 

3 management plan and an affirmative determination 

4 by the Secretary that the area meets the criteria 

5 provided in section 5. 

6 (b) COMPONENT OF THE SYSTEM.—Any National 

7 Heritage Area designated under subsection (a) shall be a 

8 component of the National Heritage Areas System estab9 lished in section 4. 

10 SEC. 8. EVALUATION. 

11 (a) IN GENERAL.—Not later than every 10 years 

12 after the date on which of the National Heritage Area oc13 curs, the Secretary shall conduct an evaluation of the ac14 complishments of the National Heritage Area and prepare 

15 a report with recommendations for the National Park 

16 Service’s continued role with respect to the National Her17 itage Area. 

18 (b) EVALUATION COMPONENTS.—An evaluation pre19 pared under subsection (a) shall— 

20 (1) assess the progress of the local coordinating 

21 entity with respect to— 

22 (A) accomplishing the purposes of the au23 thorizing legislation for the National Heritage 

24 Area; and 


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1 (B) achieving the goals and objectives of 

2 the approved management plan for the National 

3 Heritage Area; 

4 (2) analyze the Federal, State, local, and pri5 vate investments in the National Heritage Area to 

6 determine the leverage and impact of the invest7 ments; and 

8 (3) review the management structure, partner9 ship relationships, and funding of the National Her10 itage Area for purposes of identifying the critical 

11 components for sustainability of the National Herit12 age Area. 

13 (c) RECOMMENDATIONS.—Based upon the evaluation 

14 under subsection (a), the Secretary shall prepare a report 

15 with recommendations for the National Park Service’s 

16 continued role with respect to the National Heritage Area. 

17 If the report recommends that Federal funding for the 

18 National Heritage Area be— 

19 (1) continued, the report shall include an anal20 ysis of— 

21 (A) ways in which Federal funding for the 

22 National Heritage Area may be reduced or 

23 eliminated over time; and 


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1 (B) the appropriate time period necessary 

2 to achieve the recommended reduction or elimi3 nation; and 

4 (2) eliminated, the report to Congress shall in5 clude a description potential impacts on conserva6 tion, interpretation, and sustainability of the part7 nership. 

8 (d) SUBMISSION TO CONGRESS.—On completion of a 

9 report under subsection (c), the Secretary shall submit the 

10 report to— 

11 (1) the Committee on Energy and Natural Re12 sources of the Senate; and 

13 (2) the Committee on Natural Resources of the 

14 House of Representatives. 

15 SEC. 9. LOCAL COORDINATING ENTITIES. 

16 (a) DUTIES.—To further the purposes of the Na17 tional Heritage Area, the local coordinating entity shall— 

18 (1) prepare and submit a management plan for 

19 the National Heritage Area to the Secretary in ac20 cordance with section 7; 

21 (2) submit an annual report to the Secretary 

22 for any fiscal year in which it receives Federal funds 

23 under this Act, setting forth its specific performance 

24 goals and accomplishments, expenses and income, 

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1 priate, the amounts leveraged with Federal funds 

2 and sources of such leveraging, and grants made to 

3 any other entities during the year for which the re4 port is made; 

5 (3) make available for audit for any fiscal year 

6 in which it receives Federal funds under this Act, all 

7 information pertaining to the expenditure of such 

8 funds and any matching funds; and 

9 (4) encourage by appropriate means economic 

10 viability and sustainability that is consistent with 

11 the purposes of the National Heritage Area. 

12 (b) AUTHORITIES.—The local coordinating entity 

13 may, subject to the prior approval of the Secretary, for 

14 the purposes of preparing and implementing the approved 

15 management plan for the National Heritage Area, use 

16 Federal funds made available through this Act to— 

17 (1) make grants to political jurisdictions, non18 profit organizations, and other parties within the 

19 National Heritage Area; 

20 (2) enter into cooperative agreements with or 

21 provide technical assistance to political jurisdictions, 

22 nonprofit organizations, Federal agencies, and other 

23 interested parties; 

24 (3) hire and compensate staff which may in25 clude individuals with expertise in natural, cultural, 


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1 and historic resources conservation; economic and 

2 community development; and heritage planning; 

3 (4) obtain money or services from any source 

4 including any that are provided under other Federal 

5 laws or programs; 

6 (5) contract for goods or services; and 

7 (6) support activities of partners and any other 

8 activities that further the purposes of the National 

9 Heritage Area and are consistent with the approved 

10 management plan. 

11 (c) PROHIBITIONS ON THE ACQUISITION OF REAL

12 PROPERTY.—The local coordinating entity may not use 

13 Federal funds received under this Act to acquire any inter14 est in real property. 

15 SEC. 10. RELATIONSHIP TO OTHER FEDERAL AGENCIES. 

16 (a) PROVISION OF ASSISTANCE.—This Act shall not 

17 affect the authority of any Federal official to provide tech18 nical or financial assistance under any other law. 

19 (b) COORDINATION.—The head of any Federal agen20 cy planning to conduct activities that may have an impact 

21 on a designated National Heritage Area shall consult and 

22 coordinate these activities with the Secretary and the local 

23 coordinating entity. 

24 (c) OTHER LAWS AND REGULATIONS.—This Act 

25 shall not modify any law or regulation authorizing Federal 


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1 officials to manage Federal land under their control or 

2 limit the discretion of Federal land managers to imple3 ment approved land use plans within the boundaries of 

4 a National Heritage Area, nor shall this Act be construed 

5 to modify, alter, or amend any authorized uses of these 

6 Federal lands. 

7 SEC. 11. PROPERTY OWNERS AND REGULATORY PROTEC8 TIONS. 

9 Nothing in this Act shall be construed to— 

10 (1) abridge the rights of any property owner, 

11 whether public or private, including the right to re12 frain from participating in any plan, project, pro13 gram, or activity conducted within the National Her14 itage Area; 

15 (2) require any property owner to permit public 

16 access (including Federal, State, tribal, or local gov17 ernment access) to such property or to modify any 

18 provisions of Federal, State, tribal, or local law with 

19 regard to public access or use of private lands; 

20 (3) alter any duly adopted land use regulation 

21 or any approved land use plan or any other regu22 latory authority of any Federal, State, or local agen23 cy or tribal government, or to convey any land use 

24 or other regulatory authority to any local coordi25 nating entity; 


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1 (4) authorize or imply the reservation or appro2 priation of water or water rights; 

3 (5) diminish the authority of the State to man4 age fish and wildlife including the regulation of fish5 ing and hunting within the National Heritage Area; 

6 or 

7 (6) create any liability, or to have any effect on 

8 any liability under any other law, of any private 

9 property owner with respect to any persons injured 

10 on such private property. 

11 SEC. 12. FUNDING. 

12 (a) AUTHORIZATION OF APPROPRIATIONS.— 

13 (1) There are authorized to be appropriated to 

14 carry out the activities under section 9 not more 

15 than $700,000 for any fiscal year for each National 

16 Heritage Area to remain available until expended. 

17 (2) In addition to amounts authorized in para18 graph (1), there are authorized to be appropriated to 

19 the Secretary— 

20 (A) not more than $300,000 for any fiscal 

21 year, to conduct feasibility studies by the Na22 tional Park Service in accordance with the pro23 visions of section 5, with not more than 

24 $100,000 allocated in the fiscal year for any 


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1 one feasibility study for a proposed National 

2 Heritage Area; and 

3 (B) not more than $750,000 for any fiscal 

4 year, to conduct management plans by the Na5 tional Park Service in accordance with the pro6 visions of section 6, with not more than 

7 $250,000 allocated in the fiscal year for any 

8 one management plan for a proposed National 

9 Heritage Area. 

10 (3) Funding provided under paragraph (2) shall 

11 be in the form of grants approved by the National 

12 Park Service and provided to the local coordinating 

13 entity conducting the feasibility study or manage14 ment plan. 

15 (b) MATCHING FUNDS.—As a condition of providing 

16 financial assistance under this section to a local coordi17 nating entity, the Secretary shall require the entity to pro18 vide matching funds— 

19 (1) equal to the amount of the financial assist20 ance provided for designated National Heritage 

21 Areas for any Fiscal Year; 

22 (2) of 25 percent of the total grant amount re23 ceived for feasibility study; and 


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1 (3) of 50 percent of the total grant amount re2 ceived for a management plan. The local coordi3 nating entity’s matching funds— 

4 (A) must be from non-Federal sources; and 

5 (B) may be made in the form of in-kind 

6 contributions of goods or services fairly valued. 

7 (c) ADMINISTRATIVE.—There are authorized to be 

8 appropriated to the Secretary such sums as may be nec9 essary for technical assistance, oversight, and administra10 tive purposes. 

11 SEC. 13. SUNSET. 

12 The system of National Heritage Areas within the 

13 National Park System established under this Act shall ex14 pire on the date that is 25 years after the date of the 

15 enactment of this Act. 

Æ 


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