II 

109TH CONGRESS 

1ST SESSION S. 243 

To establish a program and criteria for National Heritage Areas in the 

United States, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 1, 2005 

Mr. THOMAS introduced the following bill; which was read twice and referred 

to the Committee on Energy and Natural Resources 

A BILL

To establish a program and criteria for National Heritage 

Areas in the United States, 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 Partnership Act’’. 

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

7 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. 
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Sec. 8. Private property and regulatory protections. 

Sec. 9. Authorization of appropriations.

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) LOCAL COORDINATING ENTITY.—The term 

4 ‘‘local coordinating entity’’ means the entity des5 ignated by Congress— 

6 (A) to develop, in partnership with others, 

7 the management plan for a National Heritage 

8 Area; and 

9 (B) to act as a catalyst for the implemen10 tation of projects and programs among diverse 

11 partners in the National Heritage Area. 

12 (2) MANAGEMENT PLAN.—The term ‘‘manage13 ment plan’’ means the plan prepared by the local co14 ordinating entity for a National Heritage Area des15 ignated by Congress that specifies actions, policies, 

16 strategies, performance goals, and recommendations 

17 to meet the goals of the National Heritage Area, in 

18 accordance with section 5. 

19 (3) NATIONAL HERITAGE AREA.—The term 

20 ‘‘National Heritage Area’’ means an area designated 

21 by Congress that is nationally important to the her22 itage of the United States and meets the criteria es23 tablished under section 4(a). 
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1 (4) NATIONAL IMPORTANCE.—The term ‘‘na2 tional importance’’ means possession of— 

3 (A) unique natural, historical, cultural, 

4 educational, scenic, or recreational resources of 

5 exceptional value or quality; and 

6 (B) a high degree of integrity of location, 

7 setting, or association in illustrating or inter8 preting the heritage of the United States. 

9 (5) PROGRAM.—The term ‘‘program’’ means 

10 the National Heritage Areas program established 

11 under section 3(a). 

12 (6) PROPOSED NATIONAL HERITAGE AREA.—

13 The term ‘‘proposed National Heritage Area’’ means 

14 an area under study by the Secretary or other par15 ties for potential designation by Congress as a Na16 tional Heritage Area. 

17 (7) SECRETARY.—The term ‘‘Secretary’’ means 

18 the Secretary of the Interior. 

19 (8) STUDY.—The term ‘‘study’’ means a study 

20 conducted by the Secretary, or conducted by 1 or 

21 more other interested parties and reviewed by the 

22 Secretary, in accordance with the criteria and proc23 esses established under section 4, to determine 

24 whether an area meets the criteria to be designated 

25 as a National Heritage Area by Congress. 
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1 SEC. 3. NATIONAL HERITAGE AREAS PROGRAM. 

2 (a) IN GENERAL.—The Secretary shall establish a 

3 National Heritage Areas program under which the Sec4 retary shall provide technical and financial assistance to 

5 local coordinating entities to support the establishment of 

6 National Heritage Areas. 

7 (b) DUTIES.—Under the program, the Secretary 

8 shall— 

9 (1)(A) conduct studies, as directed by Congress, 

10 to assess the suitability and feasibility of designating 

11 proposed National Heritage Areas; or 

12 (B) review and comment on studies undertaken 

13 by other parties to make such assessment; 

14 (2) provide technical assistance, on a reimburs15 able or non-reimbursable basis (as determined by the 

16 Secretary), for the development and implementation 

17 of management plans for designated National Herit18 age Areas; 

19 (3) enter into cooperative agreements with in20 terested parties to carry out this Act; 

21 (4) provide information, promote under22 standing, and encourage research on National Herit23 age Areas in partnership with local coordinating en24 tities; 

25 (5) provide national oversight, analysis, coordi26 nation, and technical assistance and support to en-
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1 sure consistency and accountability under the pro2 gram; and 

3 (6) submit annually to the Committee on Re4 sources of the House of Representatives and the 

5 Committee on Energy and Natural Resources of the 

6 Senate a report describing the allocation and ex7 penditure of funds for activities conducted with re8 spect to National Heritage Areas under this Act. 

9 SEC. 4. STUDIES. 

10 (a) CRITERIA.—In conducting or reviewing a study, 

11 the Secretary shall apply the following criteria to deter12 mine the suitability and feasibility of designating a pro13 posed National Heritage Area: 

14 (1) An area— 

15 (A) has an assemblage of natural, historic, 

16 cultural, educational, scenic, or recreational re17 sources that together are nationally important 

18 to the heritage of the United States; 

19 (B) represents distinctive aspects of the 

20 heritage of the United States worthy of recogni21 tion, conservation, interpretation, and con22 tinuing use; 

23 (C) is best managed as such an assemblage 

24 through partnerships among public and private 

25 entities at the local or regional level; 
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1 (D) reflects traditions, customs, beliefs, 

2 and folklife that are a valuable part of the her3 itage of the United States; 

4 (E) provides outstanding opportunities to 

5 conserve natural, historical, cultural, or scenic 

6 features; 

7 (F) provides outstanding recreational or 

8 educational opportunities; and 

9 (G) has resources and traditional uses that 

10 have national importance. 

11 (2) Residents, business interests, nonprofit or12 ganizations, and governments (including relevant 

13 Federal land management agencies) within the pro14 posed area are involved in the planning and have 

15 demonstrated significant support through letters and 

16 other means for National Heritage Area designation 

17 and management. 

18 (3) The local coordinating entity responsible for 

19 preparing and implementing the management plan is 

20 identified. 

21 (4) The proposed local coordinating entity and 

22 units of government supporting the designation are 

23 willing and have documented a significant commit24 ment to work in partnership to protect, enhance, in-
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1 terpret, fund, manage, and develop resources within 

2 the National Heritage Area. 

3 (5) The proposed local coordinating entity has 

4 developed a conceptual financial plan that outlines 

5 the roles of all participants (including the Federal 

6 Government) in the management of the National 

7 Heritage Area. 

8 (6) The proposal is consistent with continued 

9 economic activity within the area. 

10 (7) A conceptual boundary map has been devel11 oped and is supported by the public and partici12 pating Federal agencies. 

13 (b) CONSULTATION.—In conducting or reviewing a 

14 study, the Secretary shall consult with the managers of 

15 any Federal land within the proposed National Heritage 

16 Area and secure the concurrence of the managers with the 

17 findings of the study before making a determination for 

18 designation. 

19 (c) TRANSMITTAL.—On completion or receipt of a 

20 study for a National Heritage Area, the Secretary shall— 

21 (1) review, comment, and make findings (in ac22 cordance with the criteria specified in subsection (a)) 

23 on the feasibility of designating the National Herit24 age Area; 
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1 (2) consult with the Governor of each State in 

2 which the proposed National Heritage Area is lo3 cated; and 

4 (3) transmit to the Committee on Resources of 

5 the House of Representatives and the Committee on 

6 Energy and Natural Resources of the Senate, the 

7 study, including— 

8 (A) any comments received from the Gov9 ernor of each State in which the proposed Na10 tional Heritage Area is located; and 

11 (B) a finding as to whether the proposed 

12 National Heritage Area meets the criteria for 

13 designation. 

14 (d) DISAPPROVAL.—If the Secretary determines that 

15 any proposed National Heritage Area does not meet the 

16 criteria for designation, the Secretary shall include within 

17 the study submitted under subsection (c)(3) a description 

18 of the reasons for the determination. 

19 (e) DESIGNATION.—The designation of a National 

20 Heritage Area shall be— 

21 (1) by Act of Congress; and 

22 (2) contingent on the prior completion of a 

23 study and an affirmative determination by the Sec24 retary that the area meets the criteria established 

25 under subsection (a). 
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1 SEC. 5. MANAGEMENT PLANS. 

2 (a) REQUIREMENTS.—The management plan for any 

3 National Heritage Area shall— 

4 (1) describe comprehensive policies, goals, strat5 egies, and recommendations for telling the story of 

6 the heritage of the area covered by the National 

7 Heritage Area and encouraging long-term resource 

8 protection, enhancement, interpretation, funding, 

9 management, and development of the National Her10 itage Area; 

11 (2) include a description of actions and commit12 ments that governments, private organizations, and 

13 citizens will take to protect, enhance, interpret, fund, 

14 manage, and develop the natural, historical, cultural, 

15 educational, scenic, and recreational resources of the 

16 National Heritage Area; 

17 (3) specify existing and potential sources of 

18 funding or economic development strategies to pro19 tect, enhance, interpret, fund, manage, and develop 

20 the National Heritage Area; 

21 (4) include an inventory of the natural, histor22 ical, cultural, educational, scenic, and recreational 

23 resources of the National Heritage Area related to 

24 the national importance and themes of the National 

25 Heritage Area that should be protected, enhanced, 

26 interpreted, managed, funded, and developed; 
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1 (5) recommend policies and strategies for re2 source management, including the development of 

3 intergovernmental and interagency agreements to 

4 protect, enhance, interpret, fund, manage, and de5 velop the natural, historical, cultural, educational, 

6 scenic, and recreational resources of the National 

7 Heritage Area; 

8 (6) describe a program for implementation for 

9 the management plan, including— 

10 (A) performance goals; 

11 (B) plans for resource protection, enhance12 ment, interpretation, funding, management, and 

13 development; and 

14 (C) specific commitments for implementa15 tion that have been made by the local coordi16 nating entity or any government agency, organi17 zation, business, or individual; 

18 (7) include an analysis of, and recommenda19 tions for, means by which Federal, State, and local 

20 programs may best be coordinated (including the 

21 role of the National Park Service and other Federal 

22 agencies associated with the National Heritage 

23 Area) to further the purposes of this Act; and 

24 (8) include a business plan that— 
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1 (A) describes the role, operation, financing, 

2 and functions of the local coordinating entity 

3 and of each of the major activities contained in 

4 the management plan; and 

5 (B) provides adequate assurances that the 

6 local coordinating entity has the partnerships 

7 and financial and other resources necessary to 

8 implement the management plan for the Na9 tional Heritage Area. 

10 (b) DEADLINE.— 

11 (1) IN GENERAL.—Not later than 3 years after 

12 the date on which funds are first made available to 

13 develop the management plan after designation as a 

14 National Heritage Area, the local coordinating entity 

15 shall submit the management plan to the Secretary 

16 for approval. 

17 (2) TERMINATION OF FUNDING.—If the man18 agement plan is not submitted to the Secretary in 

19 accordance with paragraph (1), the local coordi20 nating entity shall not qualify for any additional fi21 nancial assistance under this Act until such time as 

22 the management plan is submitted to and approved 

23 by the Secretary. 

24 (c) APPROVAL OF MANAGEMENT PLAN.— 
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1 (1) REVIEW.—Not later than 180 days after re2 ceiving the plan, the Secretary shall review and ap3 prove or disapprove the management plan for a Na4 tional Heritage Area on the basis of the criteria es5 tablished under paragraph (3). 

6 (2) CONSULTATION.—The Secretary shall con7 sult with the Governor of each State in which the 

8 National Heritage Area is located before approving 

9 a management plan for the National Heritage Area. 

10 (3) CRITERIA FOR APPROVAL.—In determining 

11 whether to approve a management plan for a Na12 tional Heritage Area, the Secretary shall consider 

13 whether— 

14 (A) the local coordinating entity represents 

15 the diverse interests of the National Heritage 

16 Area, including governments, natural and his17 toric resource protection organizations, edu18 cational institutions, businesses, recreational or19 ganizations, community residents, and private 

20 property owners; 

21 (B) the local coordinating entity— 

22 (i) has afforded adequate opportunity 

23 for public and governmental involvement 

24 (including through workshops and hear-
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1 ings) in the preparation of the manage2 ment plan; and 

3 (ii) provides for at least semiannual 

4 public meetings to ensure adequate imple5 mentation of the management plan; 

6 (C) the resource protection, enhancement, 

7 interpretation, funding, management, and de8 velopment strategies described in the manage9 ment plan, if implemented, would adequately 

10 protect, enhance, interpret, fund, manage, and 

11 develop the natural, historic, cultural, edu12 cational, scenic, and recreational resources of 

13 the National Heritage Area; 

14 (D) the management plan would not ad15 versely affect any activities authorized on Fed16 eral land under public land laws or land use 

17 plans; 

18 (E) the local coordinating entity has dem19 onstrated the financial capability, in partner20 ship with others, to carry out the plan; 

21 (F) the Secretary has received adequate 

22 assurances from the appropriate State and local 

23 officials whose support is needed to ensure the 

24 effective implementation of the State and local 

25 elements of the management plan; and 
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1 (G) the management plan demonstrates 

2 partnerships among the local coordinating enti3 ty, Federal, State, and local governments, re4 gional planning organizations, nonprofit organi5 zations, or private sector parties for implemen6 tation of the management plan. 

7 (4) DISAPPROVAL.— 

8 (A) IN GENERAL.—If the Secretary dis9 approves the management plan, the Secretary— 

10 (i) shall advise the local coordinating 

11 entity in writing of the reasons for the dis12 approval; and 

13 (ii) may make recommendations to the 

14 local coordinating entity for revisions to 

15 the management plan. 

16 (B) DEADLINE.—Not later than 180 days 

17 after receiving a revised management plan, the 

18 Secretary shall approve or disapprove the re19 vised management plan. 

20 (5) AMENDMENTS.— 

21 (A) IN GENERAL.—An amendment to the 

22 management plan that substantially alters the 

23 purposes of the National Heritage Area shall be 

24 reviewed by the Secretary and approved or dis-
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1 approved in the same manner as the original 

2 management plan. 

3 (B) IMPLEMENTATION.—The local coordi4 nating entity shall not use Federal funds au5 thorized by this Act to implement an amend6 ment to the management plan until the Sec7 retary approves the amendment. 

8 SEC. 6. LOCAL COORDINATING ENTITIES. 

9 (a) DUTIES.—To further the purposes of the Na10 tional Heritage Area, the local coordinating entity shall— 

11 (1) prepare a management plan for the Na12 tional Heritage Area, and submit the management 

13 plan to the Secretary, in accordance with section 5; 

14 (2) submit an annual report to the Secretary 

15 for each fiscal year for which the local coordinating 

16 committee receives Federal funds under this Act, 

17 specifying— 

18 (A) the specific performance goals and ac19 complishments of the local coordinating com20 mittee; 

21 (B) the expenses and income of the local 

22 coordinating committee; 

23 (C) the amounts and sources of matching 

24 funds; 
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1 (D) the amounts leveraged with Federal 

2 funds and sources of the leveraging; and 

3 (E) grants made to any other entities dur4 ing the fiscal year; 

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

6 for which the local coordinating entity receives Fed7 eral funds under this Act, all information pertaining 

8 to the expenditure of the funds and any matching 

9 funds; and 

10 (4) encourage economic viability and sustain11 ability that is consistent with the purposes of the 

12 National Heritage Area. 

13 (b) AUTHORITIES.—For the purposes of preparing 

14 and implementing the approved management plan for the 

15 National Heritage Area, the local coordinating entity may 

16 use Federal funds made available under 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, including individ25 uals with expertise in— 
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1 (A) natural, historical, cultural, edu2 cational, scenic, and recreational resource con3 servation; 

4 (B) economic and community development; 

5 and 

6 (C) heritage planning; 

7 (4) obtain funds or services from any source, 

8 including other Federal laws or programs; 

9 (5) contract for goods or services; and 

10 (6) support activities of partners and any other 

11 activities that further the purposes of the National 

12 Heritage Area and are consistent with the approved 

13 management plan. 

14 (c) PROHIBITION ON ACQUISITION OF REAL PROP15 ERTY.—The local coordinating entity may not use Federal 

16 funds authorized under this Act to acquire any interest 

17 in real property. 

18 SEC. 7. RELATIONSHIP TO OTHER FEDERAL AGENCIES. 

19 (a) IN GENERAL.—Nothing in this Act affects the au20 thority of a Federal agency to provide technical or finan21 cial assistance under any other law. 

22 (b) CONSULTATION AND COORDINATION.—The head 

23 of any Federal agency planning to conduct activities that 

24 may have an impact on a National Heritage Area is en25 couraged to consult and coordinate the activities with the 
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1 Secretary and the local coordinating entity to the max2 imum extent practicable. 

3 (c) OTHER FEDERAL AGENCIES.—Nothing in this 

4 Act— 

5 (1) modifies, alters, or amends any law or regu6 lation authorizing a Federal agency to manage Fed7 eral land under the jurisdiction of the Federal agen8 cy; 

9 (2) limits the discretion of a Federal land man10 ager to implement an approved land use plan within 

11 the boundaries of a National Heritage Area; or 

12 (3) modifies, alters, or amends any authorized 

13 use of Federal land under the jurisdiction of a Fed14 eral agency. 

15 SEC. 8. PRIVATE PROPERTY AND REGULATORY PROTEC16 TIONS. 

17 Nothing in this Act— 

18 (1) abridges the rights of any property owner 

19 (whether public or private), including the right to re20 frain from participating in any plan, project, pro21 gram, or activity conducted within the National Her22 itage Area; 

23 (2) requires any property owner to permit pub24 lic access (including access by Federal, State, or 

25 local agencies) to the property of the property 
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1 owner, or to modify public access or use of property 

2 of the property owner under any other Federal, 

3 State, or local law; 

4 (3) alters any duly adopted land use regulation, 

5 approved land use plan, or other regulatory author6 ity of any Federal, State or local agency, or conveys 

7 any land use or other regulatory authority to any 

8 local coordinating entity; 

9 (4) authorizes or implies the reservation or ap10 propriation of water or water rights; 

11 (5) diminishes the authority of the State to 

12 manage fish and wildlife, including the regulation of 

13 fishing and hunting within the National Heritage 

14 Area; or 

15 (6) creates any liability, or affects any liability 

16 under any other law, of any private property owner 

17 with respect to any person injured on the private 

18 property. 

19 SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 

20 (a) STUDIES.—There is authorized to be appro21 priated to conduct and review studies under section 4 

22 $750,000 for each fiscal year, of which not more than 

23 $250,000 for any fiscal year may be used for any indi24 vidual study for a proposed National Heritage Area. 

25 (b) LOCAL COORDINATING ENTITIES.— 
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1 (1) IN GENERAL.—There is authorized to be 

2 appropriated to carry out section 6 $15,000,000 for 

3 each fiscal year, of which not more than— 

4 (A) $1,000,000 may be made available for 

5 any fiscal year for any individual National Her6 itage Area, to remain available until expended; 

7 and 

8 (B) a total of $10,000,000 may be made 

9 available for all such fiscal years for any indi10 vidual National Heritage Area. 

11 (2) TERMINATION DATE.— 

12 (A) IN GENERAL.—The authority of the 

13 Secretary to provide financial assistance to an 

14 individual local coordinating entity under this 

15 Act (excluding technical assistance and admin16 istrative oversight) shall terminate on the date 

17 that is 15 years after the date of the initial re18 ceipt of the assistance by the local coordinating 

19 committee. 

20 (B) DESIGNATION.—A National Heritage 

21 Area shall retain the designation as a National 

22 Heritage Area after the termination date pre23 scribed in subparagraph (A). 

24 (3) ADMINISTRATION.—Not more than 5 per25 cent of the amount of funds made available under 
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1 paragraph (1) for a fiscal year may be used by the 

2 Secretary for technical assistance, oversight, and ad3 ministrative purposes. 

4 (c) MATCHING FUNDS.— 

5 (1) IN GENERAL.—As a condition of receiving a 

6 grant under this Act, the recipient of the grant shall 

7 provide matching funds in an amount that is equal 

8 to the amount of the grant. 

9 (2) ADMINISTRATION.—The recipient matching 

10 funds— 

11 (A) shall be derived from non-Federal 

12 sources; and 

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

14 contributions of goods or services fairly valued.

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