59–010 

Calendar No. 366 

110TH CONGRESS REPORT " ! SENATE 1st Session 110–168 

NATIONAL HERITAGE AREAS PARTNERSHIP ACT 

SEPTEMBER 17, 2007.—Ordered to be printed 

Mr. BINGAMAN, from the Committee on Energy and Natural 

Resources, submitted the following 

R E P O R T 

[To accompany S. 278] 

The Committee on Energy and Natural Resources, to which was 

referred the bill (S. 278) 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 

amendent 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 Areas 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. Purposes. 

Sec. 3. Definitions. 

Sec. 4. National Heritage Areas system. 

Sec. 5. Studies. 

Sec. 6. Designation of National Heritage Areas. 

Sec. 7. Management plans. 

Sec. 8. Evaluation; report. 

Sec. 9. Local coordinating entities. 

Sec. 10. Relationship to other Federal agencies. 

Sec. 11. Private property and regulatory protections. 

Sec. 12. Partnership support. 

Sec. 13. Authorization of appropriations. 

SEC. 2. PURPOSES. 

The purposes of this Act are— 

(1) to promote public understanding, appreciation, and enjoyment of many 

places, events and people that have contributed to the story of the United 

States; 

(2) to promote innovative and partnership-driven management strategies that 

recognize regional values, encourage locally tailored resource stewardship and 

interpretation, and provide for the effective leveraging of Federal funds with 

other local, State, and private funding sources; 


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(3) to unify national standards and processes for conducting feasibility studies, designating a system of National Heritage Areas, and approving management plans for National Heritage Areas; 

(4) to provide appropriate linkages between units of the National Park System and communities, governments, and organizations within National Heritage Areas; and 

(5) to provide financial and technical assistance to National Heritage Area 

local coordinating entities that act as a catalyst for diverse regions, communities, organizations, and citizens to undertake projects and programs for collaborative resource stewardship and interpretation. 

SEC. 3. 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 7. 

(3) NATIONAL HERITAGE AREA.—The term ‘‘National Heritage Area’’ means an area designated by Congress that is nationally important to the heritage of the 

United States and meets the criteria established under section 5(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) 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. 

(6) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the Interior. 

(7) 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 5, to determine whether an area meets the criteria to be designated as a National Heritage Area by Congress. 

(8) SYSTEM.—The term ‘‘system’’ means the system of National Heritage 

Areas established under section 4(a). 

SEC. 4. NATIONAL HERITAGE AREAS SYSTEM. 

(a) IN GENERAL.—In order to recognize certain areas of the United States that tell 

nationally important stories and to protect, enhance, and interpret the natural, historic, scenic, and cultural resources of the areas that together illustrate significant 

aspects of the heritage of the United States, there is established a system of National Heritage Areas through which the Secretary shall provide technical and financial assistance to local coordinating entities to support the establishment, development, and continuity of the National Heritage Areas. 

(b) SYSTEM.—The system of National Heritage Areas shall be composed of—

(1) National Heritage Areas established by Congress before or on the date of 

enactment of this Act; and 

(2) National Heritage Areas established by Congress after the date of enactment of this Act, as provided for in this Act. 

(c) RELATIONSHIP TO THE NATIONAL PARK SYSTEM.—

(1) RELATIONSHIP TO NATIONAL PARK UNITS.—The Secretary shall—

(A) ensure, to the maximum extent practicable, participation and assistance by units of the National Park System located near or encompassed by 

National Heritage Areas in local initiatives for National Heritage Areas 

that conserve and interpret resources consistent with an approved management plan; and 

(B) work with National Heritage Areas to promote public enjoyment of 

units of the National Park System and park-related resources. 

(2) APPLICABILITY OF LAWS.—National Heritage Areas shall not be—

(A) considered to be units of the National Park System; or 

(B) subject to the laws applicable to units of the National Park System. 


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(d) DUTIES.—Under the system, 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 and financial 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 and financial assistance and support to ensure consistency and accountability under the 

system; 

(6) submit annually to the Committee on Natural 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; and 

(7) conduct an evaluation of, and prepare a report on, National Heritage 

Areas in accordance with section 8. 

SEC. 5. 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) APPROVAL.—On completion or receipt of a study for a National Heritage Area, 

the Secretary shall—

(1) review, comment on, and determine if the study meets the criteria specified in subsection (a) for designation as a National Heritage Area; 

(2) consult with the Governor of each State in which the proposed National 

Heritage Area is located; and 


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(3) transmit to the Committee on Natural 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. 

SEC. 6. DESIGNATION OF NATIONAL HERITAGE AREAS. 

(a) IN GENERAL.—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 

section 5(a). 

(b) COMPONENT OF THE SYSTEM.—Any National Heritage Area designated under 

subsection (a) shall be a component of the system. 

SEC. 7. 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 


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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. 8. EVALUATION; REPORT. 

(a) IN GENERAL.—Not later than 3 years before the date on which authority for 

Federal funding terminates for a National Heritage Area under section 13(b)(2), the 

Secretary shall—

(1) conduct an evaluation of the accomplishments of the National Heritage 

Area; and 

(2) prepare a report in accordance with subsection (c). 

(b) EVALUATION.—An evaluation conducted under subsection (a)(1) shall—

(1) assess the progress of the local coordinating entity with respect to—

(A) accomplishing the purposes of the authorizing legislation for the National Heritage Area; and 

(B) achieving the goals and objectives of the approved management plan 

for the National Heritage Area; 


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(2) analyze the Federal, State, local, and private investments in the National 

Heritage Area to determine the leverage and impact of the investments; and 

(3) review the management structure, partnership relationships, and funding 

of the National Heritage Area for purposes of identifying the critical components for sustainability of the National Heritage Area. 

(c) REPORT.—

(1) IN GENERAL.—Based on the evaluation conducted under subsection (a)(1), 

the Secretary shall prepare a report that includes recommendations for the future role of the National Park Service, if any, with respect to the National Heritage Area. 

(2) REQUIRED ANALYSIS.—If the report prepared under paragraph (1) recommends that Federal funding for the National Heritage Area be reauthorized, 

the report shall include an analysis of—

(A) ways in which Federal funding for the National Heritage Area may 

be reduced or eliminated; and 

(B) the appropriate time period necessary to achieve the recommended reduction or elimination. 

(3) SUBMISSION TO CONGRESS.—On completion of the report, the Secretary 

shall submit the report to—

(A) the Committee on Energy and Natural Resources of the Senate; and 

(B) the Committee on Natural Resources of the House of Representatives. 

SEC. 9. 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 7; 

(2) submit an annual report to the Secretary for each fiscal year for which 

the local coordinating entity receives Federal funds under this Act, specifying—

(A) the specific performance goals and accomplishments of the local coordinating entity; 

(B) the expenses and income of the local coordinating entity; 

(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. 10. 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 enVerDate Aug 31 2005 22:00 Sep 20, 2007 Jkt 059010 PO 00000 Frm 00006 Fmt 6659 Sfmt 6621 E:\HR\OC\SR168.XXX SR168

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couraged 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. 11. 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. 12. PARTNERSHIP SUPPORT. 

(a) TECHNICAL ASSISTANCE.—On termination of the 15-year period for which assistance is provided under section 13, the Secretary may, on request of a local coordinating entity, continue to provide technical assistance to a National Heritage 

Area under section 4. 

(b) GRANT ASSISTANCE.—

(1) IN GENERAL.—The Secretary may establish a grant program under which 

the Secretary provides grants, on a competitive basis, to local coordinating entities for the conduct of individual projects at National Heritage Areas for which 

financial assistance has terminated under section 13. 

(2) CONDITIONS.—The provision of a grant under paragraph (1) shall be subject to the condition that—

(A) a project must be approved by the local coordinating entity as promoting the purposes of the management plan required under section 7; 

(B) a project may receive only 1 grant of no more than $250,000 in any 

1 fiscal year; 

(C) a maximum of $250,000 may be received by a local coordinating entity 

for projects funded under this subsection in any 1 fiscal year; and 

(D) a project shall not be eligible for funding under this section in any 

fiscal year that a local coordinating entity receives an appropriation 

through the National Park Service (excluding technical assistance) for the 

National Heritage Area at which the project is being conducted. 

(c) REPORT.—For each fiscal year in which assistance is provided under this section, the Secretary shall submit to the Committee on Appropriations of the House 

of Representatives and the Committee on Appropriations of the Senate a list of the 

projects provided assistance for the fiscal year. 

SEC. 13. AUTHORIZATION OF APPROPRIATIONS. 

(a) STUDIES.—There is authorized to be appropriated to conduct and review studies under section 5 $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 

9 $25,000,000 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. 


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(2) TERMINATION DATE.—

(A) IN GENERAL.—The authority of the Secretary to provide financial assistance to an individual local coordinating entity under this section (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 entity. 

(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) HERITAGE PARTNERSHIP GRANT ASSISTANCE.—There is authorized to be appropriated to the Secretary to carry out section 12 $5,000,000 for each fiscal year. 

(d) 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

The purpose of S. 278 is to establish a program and criteria for 

National Heritage Areas. 

BACKGROUND AND NEED

National Heritage Areas are established to commemorate, conserve and economically 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 (NPS), such as parks or monuments, heritage areas typically remain in non-Federal ownership and are managed by local 

communities and partners. To date, Congress has designated 37 

National Heritage Areas, including ten new areas that were designated in the 109th Congress. 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. 

Currently the National Park Service has no systematic process 

for identifying or evaluating potential heritage areas and no formal 

program for managing them. The success of previously designated 

areas and the opportunity for Federal funding has resulted in an 

increase in proposals for new heritage areas, with more than two 

dozen national heritage area proposals currently pending in the 

110th 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. 


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In 2004, the Government Accountability Office (GAO) published 

a report that examined national heritage areas and suggested ways 

to improve their accountability (GAO04–593T, March 30, 2004). To 

ensure that only nationally significant resources be designated as 

national heritage areas, the GAO recommended that standardized 

criteria be adopted for evaluating potential new 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. 

In 2006, the National Park System Advisory Board released a report entitled ‘‘Charting a Future for National Heritage Areas.’’ The 

report found that ‘‘[w]hile existing [national heritage area] designations often share similar strategies, no legislative foundation ensures a standard approach to how new areas should be studied, 

designated, administered, and funded. A formal policy framework 

is needed to clarify the roles and responsibilities of partners in 

these efforts. The framework should specify criteria and standards 

for studying and establishing new areas, uniform timeframes, and 

funding and management strategies to accomplish the work.’’

Consistent with the recommendations of these two reports, S. 

278 would establish program requirements and criteria for evaluating national heritage areas, as well as place limitations on cumulative Federal funding for the program. 

LEGISLATIVE HISTORY

S. 278 was introduced by Senator Thomas on January 12, 2007. 

Because the bill is similar to legislation reported by the Committee 

in previous Congresses, the Committee did not hold a hearing on 

S. 278. 

The Committee considered similar legislation in the 109th Congress, S. 243, also sponsored by Senator Thomas. The Committee 

ordered S. 243 favorably reported on February 9, 2005 (S. Rept. 

109–26), and the bill passed the Senate by unanimous consent, 

with amendments, on July 25, 2005. No further action occurred in 

the House of Representatives. 

In the 108th Congress, Senators Thomas and Burns introduced 

a similar measure, S. 2543. The Subcommittee on National Parks 

held a hearing on that bill on June 24, 2004 (S. Hrg. 108–692). S. 

2543 was favorably reported by the Committee with an amendment 

in the nature of a substitute on July 14, 2004 (S. Rept. 108–329), 

and passed the Senate by unanimous consent on September 15, 

2004. No further action occurred in the House of Representatives. 

At its business meeting on July 25, 2007, the Committee on Energy and Natural Resources ordered S. 278 favorably reported with 

an amendment in the nature of a substitute. 

COMMITTEE RECOMMENDATION

The Committee on Energy and Natural Resources, in open business session on July 25, 2007, by a voice vote of a quorum present, 

recommends that the Senate pass S. 278, if amended as described 

herein. 


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COMMITTEE AMENDMENT

During its consideration of S. 278, the Committee adopted an 

amendment in the nature of a substitute. In addition to making 

several clarifying and conforming changes, the amendment adds a 

requirement that the Secretary of the Interior conduct an evaluation of each authorized heritage area not later than three years before the date authority for Federal funding terminates, to assess 

the progress of the management entity in accomplishing the purposes for which the heritage area was established and whether the 

goals and objectives of the management plan for the heritage area 

were achieved. The Secretary is required to submit a report of the 

findings of the evaluation to the Congressional authorizing Committees. 

The amendment is explained in detail in the section-by-section 

analysis, below. 

SECTION-BY-SECTION ANALYSIS

Section 1(a) entitles the Act the ‘‘National Heritage Partnership 

Act.’’

Subsection (b) contains the table of contents. 

Section 2 lists the purposes of the Act. 

Section 3 contains definitions of key terms used in the Act. 

Section 4(a) establishes a system of National Heritage Areas in 

order to recognize certain areas of the United States that tell nationally important stories and to protect, enhance, and interpret 

the natural, historic, scenic, and cultural resources of the areas 

that together illustrate significant aspects of the heritage of the 

United States. 

Subsection (b) provides that the National Heritage Areas System 

shall be composed of national heritage areas established by Congress on or before the date of enactment of this Act, and national 

heritage areas established by Congress after the date of enactment 

of this Act. 

Subsection (c) describes the relationship of national heritage 

areas to the National Park System. The Secretary of the Interior 

is directed to ensure, to the maximum extent practicable, that 

units of the National Park System that are near designated national heritage areas, participate in and assist local initiatives related to the heritage area that conserve and interpret resources 

consistent with an approved management plan, and work with heritage areas to promote public enjoyment of the park and park-related resources. The subsection makes clear that national heritage 

areas are not units of the National Park System and are not subject to the laws applicable to units of the National Park System (although a National Park System unit located within the boundaries 

of a national heritage area would continue to be managed in accordance with National Park System laws). 

Subsection (d) describes the duties of the Secretary under the 

program. 

Section 5(a) lists the criteria to be used by the Secretary to determine the feasibility and suitability of a proposed heritage area. 

Subsection (b) requires the Secretary, in conducting or reviewing 

a study, to consult with managers of Federal land within the proVerDate Aug 31 2005 22:00 Sep 20, 2007 Jkt 059010 PO 00000 Frm 00010 Fmt 6659 Sfmt 6602 E:\HR\OC\SR168.XXX SR168

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posed heritage area and secure the concurrence of the managers 

before making a determination for designation. 

Subsection (c) describes the process by which the Secretary approves a suitability and feasibility study. 

Subsection (d) provides that if the Secretary determines that a 

proposed national heritage area does not meet the criteria for designation, the Secretary shall include the reasons for disapproval 

when the study is transmitted to Congress. 

Section 6 provides that designation of a national heritage area 

shall only be by an Act of Congress and contingent upon the prior 

completion of a suitability and feasibility study with an affirmative 

determination by the Secretary that the area meets the criteria for 

designation. Any designated national heritage area shall be a component of the National Heritage Areas System. 

Section 7(a) describes the requirements for a heritage area’s 

management plan. 

Subsection (b) requires the management entity to submit a management plan to the Secretary within three years after the date 

funds are made available for the plan. If the plan is not submitted 

on time, Federal funding for the heritage area is stopped until the 

plan is submitted. 

Subsection (c) describes the process by which the Secretary approves or disapproves a management plan, and lists the criteria for 

approval. 

Section 8(a) requires the Secretary to conduct an evaluation of 

the accomplishments of each national heritage area not later than 

three years before the date Federal funding authority for the area 

terminates. 

Subsection (b) provides that the evaluation shall assess the 

progress of the local coordinating entity with respect to accomplishing the purposes of this Act for the heritage area and whether 

the local coordinating entity achieved the goals and objectives of 

the approved management plan for the heritage area. The evaluation is also required to analyze governmental investments in the 

heritage area to determine the leverage and impact of the investments. 

Subsection (c) requires the Secretary to prepare a report, based 

on the evaluation, that includes recommendations for the future 

role of the National Park Service, if any, for the heritage area. If 

the report recommends that Federal funding for the area be reauthorized, it is required to include an analysis of ways Federal funding may be reduced or eliminated. The report is to be submitted 

to the House and Senate authorizing committees. 

Section 9(a) describes the duties and responsibilities of the local 

coordinating entity for a heritage area. 

Subsection (b) authorizes the local coordinating entity, for the 

purposes of preparing and implementing an approved management 

plan for the heritage area, to make grants, enter into cooperative 

agreements with governmental entities, non-profit organizations, 

and other interested persons, hire staff, obtain funds or services 

from any source, contract for goods or services, and support activities of partner groups. 

Subsection (c) states that a local coordinating entity may not use 

Federal funds to acquire real property or an interest in real property. 


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Section 10 states that nothing in this Act affects the authority 

of a Federal agency to provide technical or financial assistance to 

a national heritage area. Other Federal agencies are encouraged to 

consult with the Secretary on issues concerning the heritage area 

to the extent practicable. Nothing in this Act limits, modifies, alters or amends any authorized use of Federal land. 

Section 11 contains several savings provisions to clarify that the 

designation of the national heritage area will not affect private 

property rights, affect governmental land use regulation, reserve or 

appropriate water rights, diminish the authority of the State to 

manage fish and wildlife, or create any liability for property owners 

within the heritage area. 

Section 12 authorizes the Secretary to provide a grant to the 

local coordinating entity after termination of the 15-year Federal 

funding period. Grants would be awarded on a competitive basis 

and could not exceed $250,000 for any local coordinating entity in 

a single year. The Secretary is required to submit a report to Congress for each year that grant assistance is provided. Section 13(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) caps total annual authorizations for national herit- age areas at $25 million. Not more than $1,000,000 annually could 

be appropriated for any individual heritage area. A total appropriation of $10 million 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. Not 

more than five percent of appropriated funds may be used for technical assistance, oversight, and administrative purposes. Subsection (c) authorizes $5 million annually for the competitive 

grant program described in section 12. 

Subsection (d) 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 inkind contributions of goods and services. 

COST AND BUDGETARY CONSIDERATIONS

The following estimate of costs of this measure has been provided 

by the Congressional Budget Office: 

AUGUST 2, 2007. 

Hon. JEFF BINGAMAN, 

Chairman, Committee on Energy and Natural Resources, 

U.S. Senate, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for S. 278, the National Heritage 

Areas Partnership Act. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Leigh Angres. 

Sincerely, 

PETER R. ORSZAG. 

Enclosure. 


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S. 278—National Heritage Areas Partnership Act 

S. 278 would provide a framework for establishing new national 

heritage areas (NHAs); however, none of the activities that would 

be governed by the bill could be carried out without further authorizing legislation. Congressional action would be required to authorize both the first step in the process to establish a national heritage area, a feasibility study, and the final step, a formal NHA designation. As a result, CBO estimates that enacting S. 278—by 

itself—would have no effect on the federal budget. 

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. 

Under the bill, once a feasibility study of a potential NHA has 

been authorized by the Congress, the National Park System 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. 

Under the bill, once an NHA is created, the Secretary of the Interior must submit a report to the Congress evaluating the NHA and 

assess the progress of the local coordinating entity in meeting the 

goals of the management plan. 

The bill would set a ceiling for future specific authorizations of 

appropriations of $750,000 a year for NHA feasibility studies (no 

more than $250,000 annually could be used for any individual NHA 

study). It would also limit—to $25 million annually—future authorizations for financial and technical assistance to local coordinating 

entities; no more than $1 million could be used for any individual 

NHA. Such funds (up to $10 million per NHA over a 15-year period) would be used to develop and implement management plans 

and administer a national heritage area. 

The Secretary could award grants for individual projects at 

NHAs when funding to local coordinating entities has been terminated 15 years after the initial receipt of financial assistance. In 

such an instance, a local coordinating entity could receive a maximum of $250,000 for all projects in any fiscal year and would be 

required to provide matching funds equal to the amount of the 

grant. The bill would establish a ceiling for such grants of $5 million for each fiscal year. 

Because the authority to appropriate funds under S. 278 would 

depend on subsequent acts of the Congress to authorize feasibility 

studies and designate specific new NHAs, CBO estimates that enacting this legislation alone would have no effect on the federal 

budget. 

The CBO staff contacts for this estimate are Deborah Reis and 

Leigh Angres. The estimate was approved 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 


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S. 278. 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. 278, as ordered reported. 

EXECUTIVE COMMUNICATIONS

Because S. 278 is similar to legislation considered during the 

109th and 108th Congresses, the Committee did not request Executive Agency views on S. 278. The testimony provided by the Department of the Interior at the Subcommittee hearing on S. 2543 

in the 108th Congress 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 yearlong process of Congressional 

oversight hearings, outside evaluations of the program 

(such as the March 2004 report by the General Accounting 

Office) and meetings among many 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 conservation strategy that recognizes 

that the people who live in a heritage area are uniquely 


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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 resources 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 placebased 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 


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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. These areas 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 costeffective 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 area 

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 


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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. 

This concludes my prepared remarks and I will be 

pleased to answer any questions you or other members of 

the subcommittee may have. 

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. 278, as ordered reported. 

Æ 


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