### §120103. National Heritage Area studies and designation

(a) Studies.—

(1) In general.—Subject to the availability of appropriations, the Secretary may carry out or review a study to assess the suitability and feasibility of each proposed National Heritage Area for designation as a National Heritage Area.

(2) Preparation.—

(A) In general.—A study under paragraph (1) may be carried out—

(i) by the Secretary, in consultation with State and local historic preservation officers, State and local historical societies, State and local tourism offices, and other appropriate organizations and governmental agencies; or

(ii) by interested individuals or entities, if the Secretary certifies that the completed study meets the requirements of paragraph (3).

(B) Certification.—Not later than 1 year after receiving a study carried out by interested individuals or entities under subparagraph (A)(ii), the Secretary shall review and certify whether the study meets the requirements of paragraph (3).

(3) Requirements.—A study under paragraph (1) shall include analysis, documentation, and determinations on whether the proposed National Heritage Area—

(A) has an assemblage of natural, historic, and cultural resources that—

(i) represent distinctive aspects of the heritage of the United States;

(ii) are worthy of recognition, conservation, interpretation, and continuing use; and

(iii) would be best managed—

(I) through partnerships among public and private entities; and

(II) by linking diverse and sometimes noncontiguous resources and active communities;

(B) reflects traditions, customs, beliefs, and folklife that are a valuable part of the story of the United States;

(C) provides outstanding opportunities—

(i) to conserve natural, historic, cultural, or scenic features; and

(ii) for recreation and education;

(D) contains resources that—

(i) are important to any identified themes of the proposed National Heritage Area; and

(ii) retain a degree of integrity capable of supporting interpretation;

(E) includes a diverse group of residents, business interests, nonprofit organizations, and State and local governments that—

(i) are involved in the planning of the proposed National Heritage Area;

(ii) have developed a conceptual financial plan that outlines the roles of all participants in the proposed National Heritage Area, including the Federal Government; and

(iii) have demonstrated significant support for the designation of the proposed National Heritage Area;

(F) has a potential management entity to work in partnership with the individuals and entities described in subparagraph (E) to develop the proposed National Heritage Area while encouraging State and local economic activity; and

(G) has a conceptual boundary map that is supported by the public.

(4) Report.—

(A) In general.—For each study carried out under paragraph (1), the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report that describes—

(i) any correspondence received by the Secretary demonstrating support for, or opposition to, the establishment of the National Heritage Area;

(ii) the findings of the study; and

(iii) any conclusions and recommendations of the Secretary.

(B) Timing.—

(i) Studies carried out by the secretary.—With respect to a study carried out by the Secretary in accordance with paragraph (2)(A)(i), the Secretary shall submit a report under subparagraph (A) not later than 3 years after the date on which funds are first made available to carry out the study.

(ii) Studies carried out by other interested parties.—With respect to a study carried out by interested individuals or entities in accordance with paragraph (2)(A)(ii), the Secretary shall submit a report under subparagraph (A) not later than 180 days after the date on which the Secretary certifies under paragraph (2)(B) that the study meets the requirements of paragraph (3).

(b) Designation.—An area shall be designated as a National Heritage Area only by an Act of Congress.

(Added Pub. L. 117–339, §2(a), Jan. 5, 2023, 136 Stat. 6159.)