99–006

107TH CONGRESS REPORT " HOUSE OF REPRESENTATIVES ! 2d Session 107–498

NATIONAL HERITAGE AREAS POLICY ACT

JUNE 11, 2002.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

Mr. HANSEN, from the Committee on Resources, 

submitted the following 

R E P O R T 

[To accompany H.R. 2388] 

[Including cost estimate of the Congressional Budget Office]

The Committee on Resources, to whom was referred the bill 

(H.R. 2388) to establish the criteria and mechanism for the designation and support of national heritage areas, having considered 

the same, report favorably thereon with an amendment and recommend that the bill as amended do pass. 

The amendment is as follows: 

Strike all after the enacting clause and insert the following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) SHORT TITLE.—This Act may be cited as the ‘‘National Heritage Areas Policy 

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. Recommendation of areas for designation as national heritage areas. 

Sec. 5. Requirements applicable to feasibility studies. 

Sec. 6. Management plans. 

Sec. 7. Grants for proposed national heritage areas. 

Sec. 8. Grants to support designated national heritage areas. 

Sec. 9. Technical assistance. 

Sec. 10. Termination of designation. 

Sec. 11. Private property protection. 

Sec. 12. Relationship to other Federal programs. 

Sec. 13. Savings provisions. 

Sec. 14. Funding provisions.

SEC. 2. PURPOSES. 

The purposes of this Act are as follows: 

(1) To establish the criteria and mechanisms for the designation of certain 

areas in the United States containing nationally important natural, historic, 

and cultural resources and recreational and educational opportunities that are 

geographically assembled and thematically related as areas that provide unique 

frameworks for understanding the great and diverse character of the United 

States and the development of communities and their surroundings as national 

heritage areas. 

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(2) To strengthen, complement, and support the existing units of the National 

Park System through the interpretation and conservation of the associated living landscapes outside of the boundaries of those units. 

(3) To describe the extent of Federal responsibilities and duties in regard to 

future national heritage areas. 

(4) To encourage collaboration and partnerships among State and local governments, nonprofit organizations, and the private sector, or combinations 

thereof, to conserve and manage the resources and opportunities in national 

heritage areas. 

(5) To authorize Federal financial and technical assistance to local coordinating entities to assist in the conservation and interpretation of national heritage areas.

SEC. 3. DEFINITIONS. 

In this Act:

(1) FEASIBILITY STUDY.—The term ‘‘feasibility study’’ means a study conducted 

by the Secretary, or conducted by one or more other interested parties and approved by the Secretary in accordance with this Act, regarding the feasibility 

of designating any proposed national heritage area as a national heritage area. 

(2) LOCAL COORDINATING ENTITY.—The term ‘‘local coordinating entity’’

means, with respect to a national heritage area—

(A) an entity recognized by the Secretary, but only after consultation with 

the chief executive officer of the State in which the national heritage area 

is located (or if the area is located in more than one State, the chief executive officers of all such States), that agrees to perform the duties of a local 

coordinating entity under this Act; or 

(B) a Federal commission designated by Congress with members appointed by the Secretary to perform the duties of a local coordinating entity 

under this Act. 

(3) NATIONAL HERITAGE AREA.—The term ‘‘national heritage area’’ means an 

area or corridor designated by an Act of Congress as a national heritage area. 

(4) PROPOSED NATIONAL HERITAGE AREA.—The term ‘‘proposed national heritage area’’ means an area or corridor that has been authorized by an Act of Congress for which the Secretary has been explicitly authorized to conduct a study 

to determine the suitability and feasibility of designating the area or corridor 

as a national heritage area. 

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

(6) STATE.—The term ‘‘State’’ means each of the Several States, the District 

of Columbia, Guam, the Virgin Islands, American Samoa, the Commonwealth 

of Puerto Rico, and the Commonwealth of the Northern Mariana Islands. 

(7) UNIT OF LOCAL GOVERNMENT.—The term ‘‘unit of local government’’ means 

the government of a State, a political subdivision of a State, or an Indian tribe.

SEC. 4. RECOMMENDATION OF AREAS FOR DESIGNATION AS NATIONAL HERITAGE AREAS. 

The Secretary may recommend to Congress that an area or corridor be designated 

as a national heritage area only if, not later than 5 years after the Act explicitly 

authorizing the Secretary to conduct a study to determine the suitability and feasibility of designating the area or corridor as a national heritage area, the Secretary 

has—

(1) determined, based upon a feasibility study conducted for the proposed national heritage area that the area contains resources of national importance and 

is suitable and appropriate for designation as a national heritage area; and 

(2) approved a management plan developed in accordance with this Act for 

the proposed national heritage area that includes a business plan as described 

in section 6(b)(4)(G). 

SEC. 5. REQUIREMENTS APPLICABLE TO FEASIBILITY STUDIES. 

(a) STUDY PROCESS AND CONTENT.—A feasibility study for a proposed national 

heritage area shall—

(1) be conducted by the Secretary or by one or more other interested parties 

for the proposed national heritage area; 

(2) be conducted with participation from the public and units of local government; and 

(3) include the following: 

(A) Sufficient information to determine whether the proposed national 

heritage area meets the criteria specified in subsection (b). 

(B) A description of the natural, historic, and cultural resources and recreational, interpretive, and educational opportunities presented by the proposed national heritage area, including an assessment of the quality and inVerDate May 23 2002 05:33 Jun 13, 2002 Jkt 099006 PO 00000 Frm 00002 Fmt 6659 Sfmt 6621 E:\HR\OC\HR498.XXX pfrm20 PsN: HR498
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tegrity of, the availability of public access to, and the themes represented 

by such resources and opportunities. 

(C) An assessment of the interest of, and impact of possible designation 

upon, potential partners, units of government, nonprofit organizations, and 

other private entities. 

(D) A description of the boundaries and conceptual framework for the proposed national heritage area, if the study concludes that all or a portion of 

the proposed national heritage area is appropriate for designation as a national heritage area. 

(E) The identity of the local coordinating entity for the proposed national 

heritage area. 

(b) CRITERIA FOR CONCLUDING AREA IS APPROPRIATE FOR DESIGNATION.—The criteria referred to in subsection (a)(3)(A) are the following: 

(1) ASSEMBLAGE OF RESOURCES.—The proposed national heritage area is a cohesive assemblage of natural, historic, cultural, or recreational resources that—

(A) together represent distinctive aspects of American heritage worthy of 

recognition, conservation, interpretation, and continuing use; and 

(B) are best managed through partnerships between private and public 

entities. 

(2) TRADITIONS, CUSTOMS, BELIEFS, OR FOLKLIFE.—The proposed national heritage area reflects traditions, customs, beliefs, or folklife, or some combination 

thereof, that are a valuable part of the heritage of the United States. 

(3) CONSERVATION OF NATURAL, CULTURAL, OR HISTORIC FEATURES.—The proposed national heritage area provides outstanding opportunities to conserve 

natural, cultural, or historic features, or some combination thereof. 

(4) RECREATIONAL AND EDUCATIONAL OPPORTUNITIES.—The proposed national 

heritage area provides outstanding recreational and interpretive opportunities. 

(5) THEMES AND INTEGRITY OF RESOURCES.—The proposed national heritage 

area has an identifiable theme, and resources important to the theme retain integrity capable of supporting interpretation. 

(6) SUPPORT.—Residents, nonprofit organizations, other private entities, and 

units of local government throughout the proposed national heritage area demonstrate support through letters or other means for designation of the proposed 

national heritage area as a national heritage area and for management of the 

proposed national heritage area as appropriate for such designation. 

(c) COMMENTS OF STATE CHIEF EXECUTIVE OFFICER.—Before submitting any feasibility study to the Congress regarding a proposed national heritage area, the Secretary shall solicit comments from the chief executive officer of each State in which 

the proposed national heritage area is located. The Secretary shall include in the 

study any comments the Secretary receives from each relevant chief executive officer. 

(d) SUBMISSION OF FEASIBILITY STUDY.—Upon completion or approval by the Secretary of a feasibility study, the Secretary shall submit the study to the Committee 

on Resources of the House of Representatives and the Committee on Energy and 

Natural Resources of the Senate. The Secretary shall include with the study the recommendations of the Secretary with respect to the proposed designation to which 

the study relates. 

(e) STUDIES BY INTERESTED PARTIES.—For the purposes of any Act authorizing the 

Secretary to conduct a study to determine the feasibility of designating an area as 

a national heritage area, the Secretary may approve a feasibility study submitted 

by one or more interested parties in lieu of conducting the study if the feasibility 

study meets the requirements of this Act unless the Act authorizing the study explicitly exempts the study from this subsection. 

(f) APPROVAL AND DISAPPROVAL OF A FEASIBILITY STUDY.—

(1) IN GENERAL.—Not later than 90 days after receipt of a feasibility study 

for a proposed national heritage area, the Secretary shall approve or disapprove 

the study. If the Secretary has not approved or disapproved the study within 

that 90-day period, the study shall be considered approved. 

(2) DISAPPROVAL AND REVISIONS.—If the Secretary disapproves a feasibility 

study for a proposed national heritage area, the Secretary shall advise the entity that submitted the study, in writing, of the reasons for the disapproval and 

shall make recommendations, if any, for a revision of the study. Not later than 

90 days after receipt of a revised feasibility study, the Secretary shall approve 

or disapprove the revised study. If the Secretary has not approved or disapproved the revised study within that 90-day period, the revised study shall 

be considered approved. 

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SEC. 6. MANAGEMENT PLANS. 

(a) REQUIREMENTS.—In order to meet the requirements of this Act, a management 

plan for a proposed national heritage area shall be prepared by the local coordinating entity for the proposed national heritage area in accordance with this section. 

In preparing the management plan, the local coordinating entity shall perform each 

of the following duties: 

(1) MANAGEMENT PLAN.—Prepare and submit a management plan reviewed 

by participating units of local government within the boundaries of the proposed 

national heritage area. 

(2) COLLABORATION.—Collaborate with and consider the interests of diverse 

units of government, businesses, tourism officials, private property owners, and 

nonprofit groups within the geographic area of the proposed national heritage 

area in developing and implementing such management plan. 

(3) PUBLIC INVOLVEMENT.—Ensure regular public involvement, including public meetings at least annually, regarding the implementation of the management plan for the proposed national heritage area. 

(4) RECORDS FOR AUDITS.—Make available to the Secretary for audit, for any 

year in which Federal funds have been received under this Act, all records pertaining to the expenditure of such funds and any matching funds, and require, 

for all agreements authorizing expenditure of Federal funds by other organizations, that the receiving organizations make available to the Secretary for audit 

all records pertaining to the expenditure of such funds. 

(b) CONTENTS OF MANAGEMENT PLAN.—The management plan prepared for a proposed national heritage area shall—

(1) present a comprehensive program for the conservation, interpretation, 

funding, management, and development of the proposed national heritage area 

and of the historical, cultural, and natural resources and the recreational and 

educational opportunities of the proposed national heritage area, in a manner 

consistent with the existing local, State, and Federal land use laws and compatible economic viability of the proposed national heritage area; 

(2) involve residents, public agencies, and private organizations working in 

the proposed national heritage area; 

(3) specify and coordinate, as of the date of the management plan, existing 

and potential sources of technical and financial assistance under this and other 

Federal laws to protect, manage, and develop the proposed national heritage 

area; and 

(4) include—

(A) actions to be undertaken by units of government and private organizations to protect, conserve, and interpret the resources of the proposed national heritage area; 

(B) an inventory of the resources contained in the proposed national heritage area, including a list of any property in the proposed national heritage 

area that is related to the themes of the proposed national heritage area 

and that is found to merit preservation, restoration, management, development, or maintenance because of its natural, cultural, historical, or recreational significance; 

(C) policies for resource management with appropriate land and water 

management techniques, including the development of intergovernmental 

cooperative agreements, private sector agreements, or any combination 

thereof, to protect the historical, cultural, recreational, and natural resources of the proposed national heritage area in a manner consistent with 

supporting appropriate and compatible economic viability; 

(D) a program for implementation of the management plan by the designated local coordinating entity, in cooperation with its partners and units 

of local government; 

(E) evidence that relevant State, county, and local plans applicable to proposed national heritage areas have been taken into consideration; 

(F) an analysis of ways in which local, State, and Federal programs may 

best be coordinated to promote the purposes of this Act; and 

(G) a business plan that—

(i) describes in detail the role, operation, financing, and functions of 

the local coordinating entity and of each activity included in the recommendations contained in the management plan; and 

(ii) provides, to the satisfaction of the Secretary, adequate assurances 

that the local coordinating entity is likely to have the financial resources necessary to implement the management plan for the proposed 

heritage area, including resources to meet matching requirement for 

grants awarded under this Act. 

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(c) PUBLIC NOTICE.—To satisfy the requirements of subsection (a)(3), the local coordinating entity shall place a notice of each of its public meetings in a newspaper 

of general circulation in the proposed national heritage area and shall make the 

minutes of the meeting available to the public. 

(d) APPROVAL OF THE PLAN.—The Secretary may approve the management plan 

for a proposed national heritage area only if the Secretary finds that— (1) the management plan satisfies the requirements of this Act and, if implemented, would— (A) adequately protect, conserve, or adaptively reuse the significant historical, cultural, natural, and recreational resources of the proposed national heritage area; and 

(B) consistent with such protection, provide outdoor recreational opportunities and compatible economic activities within the proposed national heritage area; 

(2) the participating units of local government within the boundaries of the 

proposed national heritage area have been consulted and given adequate opportunity to comment on the management plan; 

(3) the local coordinating entity has afforded adequate opportunity, including 

public hearings, for public and governmental involvement in the preparation of 

the management plan; and 

(4) the Secretary has received from the chief executive officer of each State 

acknowledgement that such officer is aware of the proposed national heritage 

area. (e) APPROVAL AND DISAPPROVAL OF A MANAGEMENT PLAN.— (1) IN GENERAL.—Not later than 90 days after receipt of a management plan 

for a proposed national heritage area, the Secretary shall approve or disapprove 

the management plan. If the Secretary has not approved or disapproved the 

management plan within that 90-day period, the management plan shall be 

considered approved. 

(2) DISAPPROVAL AND REVISIONS.—If the Secretary disapproves a management 

plan for a proposed national heritage area, the Secretary shall advise the entity 

that submitted the management plan, in writing, of the reasons for the disapproval and shall make recommendations for a revision of the management 

plan. Not later than 90 days after receipt of a revised management plan, the 

Secretary shall approve or disapprove the revised management plan. If the Secretary has not approved or disapproved the revised management plan within 

that 90-day period, the revised management plan shall be considered approved. 

SEC. 7. GRANTS FOR PROPOSED NATIONAL HERITAGE AREAS. 

(a) AUTHORITY TO MAKE GRANTS.—The Secretary may make grants for activities 

authorized by subsection (b). 

(b) USE OF GRANTS.—

(1) AUTHORIZED USES.—Grants under this section may be used for activities 

necessary—

(A) to conduct a feasibility study for a proposed national heritage area; 

and 

(B) to prepare a management plan for a proposed national heritage area, 

including the business plan required under section 6(b)(4)(G). 

(2) PROHIBITED USES OF GRANTS.—Grants under this section may not be used 

for—

(A) the acquisition of real property or any interest in real property; or 

(B) any other activity not specifically authorized by paragraph (1). 

(c) DURATION OF ELIGIBILITY FOR GRANTS.—The Secretary may not provide a 

grant under this section for a proposed national heritage area for any period after 

the expiration of the 5-year period beginning on the date of the enactment of the 

Act authorizing the feasibility study for the proposed national heritage area. 

SEC. 8. GRANTS TO SUPPORT DESIGNATED NATIONAL HERITAGE AREAS. 

(a) AUTHORITY TO MAKE GRANTS.—The Secretary may make grants from appropriated funds to the local coordinating entity for a national heritage area for activities authorized by subsection (b). 

(b) USE OF GRANTS.—

(1) AUTHORIZED USES.—Grants under this section may be used by a local coordinating entity for—

(A) reports, studies, interpretive exhibits and programs, historic preservation projects, and other activities recommended in the management plan for 

the national heritage area; and 

(B) operational expenses of the local coordinating entity incurred within 

the first 10 fiscal years beginning after the date of the enactment of the 

Act designating the national heritage area. 

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(2) PROHIBITED USES OF GRANTS.—Grants under this section may not be used 

for— (A) the acquisition of real property or any interest in real property; or 

(B) any other activity not specifically authorized by paragraph (1). 

(c) PROTECTION OF FEDERAL INVESTMENT.—The Secretary shall require that each 

grant under this section for the improvement, restoration, or rehabilitation of real 

property shall be subject to an agreement that conversion, use, or disposal of the 

project assisted with the grant for purposes contrary to the purposes for which the 

grant was made shall result in a right of the United States to compensation from 

the beneficiary of the grant. Any such agreement shall provide for a schedule for 

such compensation based on the level of Federal investment and the anticipated 

useful life of the project. 

(d) DURATION OF ELIGIBILITY FOR GRANTS.—The Secretary may not provide any 

grant under this section to a local coordinating entity for any period after the expiration of the 10-year period beginning on the date of the enactment of the Act designating the national heritage area. 

SEC. 9. TECHNICAL ASSISTANCE. 

The Secretary may provide technical assistance on a nonreimbursable basis— (1) to any interested party for any activity for which the Secretary is authorized to provide a grant under section 7; and 

(2) to local coordinating entities for any activity for which the Secretary is authorized to provide a grant under section 8. 

SEC. 10. TERMINATION OF DESIGNATION. 

(a) NOTICE OF DETERMINATION.—The Secretary shall submit a written notice to 

the local coordinating entity of a national heritage area so designated after the date 

of the enactment of this Act if the Secretary determines that— (1) implementation of the management plan for the national heritage area 

has failed to meet standards set forth in the management plan; or 

(2) a preponderance of the units of local government involved in implementing 

the management plan for the national heritage area no longer support such designation. 

(b) COMMENT.—Not later than 60 days after the date that the Secretary submits 

a written notice under subsection (a) to a local coordinating entity, the local coordinating entity may submit to the Secretary written comments supporting a contention that the determination under section (a) was made in error. 

(c) TERMINATION.—After considering any comments submitted under subsection 

(b), if the Secretary decides that the determination under subsection (a) was correct, 

the Secretary shall no longer provide financial assistance under this Act for that national heritage area. 

SEC. 11. PRIVATE PROPERTY PROTECTION. 

(a) ACCESS TO PRIVATE PROPERTY.—Nothing in this Act shall be construed to require any private property owner to permit public access (including Federal, State, 

or local government access) to such private property. Nothing in this Act shall be 

construed to modify any provision of Federal, State, or local law with regard to public access to or use of private lands. 

(b) LIABILITY.—Designation of a national heritage area shall not be considered to 

create any liability, or to have any effect on any liability under any other law, of 

any private property owner with respect to any persons injured on such private 

property. 

(c) RECOGNITION OF AUTHORITY TO CONTROL LAND USE.—Nothing in this Act 

shall be construed to modify any authority of Federal, State, or local governments 

to regulate land use. 

(d) PARTICIPATION OF PRIVATE PROPERTY OWNERS IN NATIONAL HERITAGE

AREAS.—Nothing in this Act shall be construed to require the owner of any private 

property located within the boundaries of a national heritage area to participate in 

or be associated with the national heritage area.

SEC. 12. RELATIONSHIP TO OTHER FEDERAL PROGRAMS. 

(a) OTHER ASSISTANCE NOT AFFECTED.—This Act does not affect the authority of 

any Federal official to provide technical or financial assistance under any other law. 

(b) NOTIFICATION OF OTHER FEDERAL ACTIVITIES.—The head of each Federal agency shall provide to the Secretary and the local coordinating entity for a national heritage area, to the extent practicable, advance notice of all activities which may have 

an impact on the national heritage area.

SEC. 13. SAVINGS PROVISIONS. 

(a) RULES, REGULATIONS, STANDARDS, AND PERMIT PROCESSES.—Except as provided in section 12(b), nothing in this Act shall be construed to impose any environVerDate May 23 2002 05:33 Jun 13, 2002 Jkt 099006 PO 00000 Frm 00006 Fmt 6659 Sfmt 6621 E:\HR\OC\HR498.XXX pfrm20 PsN: HR498
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mental, occupational, safety, or other rule, regulation, standard, or permit process 

in a national heritage area that is different from those that would be applicable if 

the national heritage area had not been established. 

(b) WATER AND WATER RIGHTS.—Nothing in this Act shall be construed to authorize or imply the reservation or appropriation of water or water rights. 

(c) NO DIMINISHMENT OF STATE AUTHORITY.—Nothing in this Act shall be construed to diminish the authority of the State containing any national heritage area 

to manage fish and wildlife, including the regulation of fishing and hunting within 

the national heritage area. 

(d) EXISTING NATIONAL HERITAGE AREAS.—Nothing in this Act shall affect any national heritage area so designated before the date of the enactment of this Act.

SEC. 14. FUNDING. 

(a) AUTHORIZATION OF APPROPRIATIONS.— (1) IN GENERAL.—There are authorized to be appropriated for each fiscal year 

for grants and technical assistance for activities under section 8— (A) not more than $1,000,000 for any fiscal year for each national heritage area to remain available until expended; and (B) not more than a total of $10,000,000 for each national heritage area. 

(2) AMOUNTS FOR INITIAL STUDIES AND PLANS.—In addition to amounts authorized in paragraphs (1) and (3), there are authorized to be appropriated for 

each fiscal year for grants and technical assistance for activities under section 

7— (A) not more than $250,000 for any fiscal year for each proposed national 

heritage area to remain available until expended; and (B) not more than a total of $1,500,000 for each proposed national heritage area. 

(3) AMOUNTS FOR FEASIBILITY STUDIES.—In addition to amounts authorized in 

paragraphs (1) and (2), there is authorized to be appropriated not more than 

$250,000 for each feasibility study directed by Congress to be completed by the 

Secretary. 

(b) REQUIRED MATCH.—As a condition of providing a grant under this section, the 

Secretary shall require the recipient of the grant to provide matching funds equal 

to the amount of the grant. Recipient matching funds—

(1) must be from non-Federal sources; and 

(2) may be made in the form of in-kind contributions of goods or services fairly valued. 

(c) LIMIT ON FEDERAL OVERSIGHT AND ADMINISTRATIVE FUNDS.—Not more than 

five percent of the funds made available under each of subsections (a)(1) and (a)(2) 

for a fiscal year may be used by the Secretary for technical assistance, oversight, 

and administrative purposes. 

(d) PROHIBITION ON USE OF FUNDS TO SUPPLEMENT NATIONAL PARK SYSTEM.—No 

funds authorized to be appropriated under this section other than those authorized 

by subsection (c) may be used to supplement funding or programs at any unit of 

the National Park System. 

(e) USE OF FEDERAL FUNDS FROM OTHER SOURCES.—Nothing in this Act shall preclude a local coordinating entity from using Federal funds available under other 

Federal laws for the purposes for which those funds were authorized. 

(f) ALLOCATION OF APPROPRIATIONS.—Notwithstanding any other provision of law, 

no funds appropriated or otherwise made available to the Secretary to carry out the 

purposes of this Act may be obligated or expended—

(1) unless the appropriation of such funds has been allocated in the manner 

prescribed by this Act; or 

(2) in excess of the amount authorized in this Act.

PURPOSE OF THE BILL

The purpose of H.R. 2388 is to establish the criteria and mechanism for the designation and support of national heritage areas. 

BACKGROUND AND NEED FOR LEGISLATION

There are currently 23 Congressionally-designated national heritage areas (NHA) and corridors in the United States—17 of which 

have been designated since 1996. Today, criteria exists for establishing units of the National Park System, the National Trails System, and National Wild and Scenic River System, yet no uniform 

standards or criteria exists for the Secretary of the Interior to deVerDate May 23 2002 05:33 Jun 13, 2002 Jkt 099006 PO 00000 Frm 00007 Fmt 6659 Sfmt 6602 E:\HR\OC\HR498.XXX pfrm20 PsN: HR498
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termine the feasibility for designation, or even what makes an area 

‘‘nationally important’’ for NHA or corridor status. Meanwhile, to 

date over 18 bills have been introduced in 107th Congress to either 

establish or authorize a feasibility study for 12 new NHAs and corridors. 

NHAs and corridors, a relatively new phenomenon, are not units 

of the National Park System, but rather are regions in which entire 

communities (i.e. residents, businesses and local governments) 

have come togther to conserve special landscapes and their own 

heritage that in many cases strengthen, complement and support 

existing units of the National Park System through the interpretation and conservation of associated living landscapes outside the 

boundaries of those units. In these NHAs and corridors, the National Park Service does not acquire new land. Instead, conservation, interpretation, and other activities are managed by partnerships among federal, state and local governments, and private, nonprofit organizations. The National Park Service provides technical 

assistance to local coordinating entities and financial assistance for 

a limited period. For each NHA and corridor, a local government 

agency, nonprofit organization, or independent federal commission 

has been recognized by Congress to serve as the management entity that coordinates the partners’ actions. Designation as an NHA 

or corridor brings no federal regulation of private property. 

H.R. 2388 establishes uniform criteria and mechanisms for designating new NHAs and corridors by defining the circumstances 

under which a region or corridor warrants designation, such as 

does the area or corridor contain nationally important natural, historic, and cultural resources and recreational and educational opportunities that are geographically and thematically related. The 

bill further establishes standards for managing and maintaining 

these areas, outlines the extent of federal responsibilities and duties in regard to future NHAs, encourages collaboration and partnerships among State and local governments, nonprofit organizations and the private sector to conserve and manage the resources 

and opportunities of NHAs, and authorizes federal financial and 

technical assistance to local coordinating entities to assist in the 

conservation and interpretation of NHAs and corridors. 

Specifically, H.R. 2388 establishes a two-tier process that first requires an Act of Congress to authorize the Secretary of the Interior 

to complete a feasibility study or approve an existing feasability 

study for a proposed NHA or corridor. It also requires a management plan to be completed by the local coordinating entity that outlines financial commitments for the proposed area. A matching 

grant program would be established to assist the local coordinating 

entity to complete these plans. Within five years, the studies must 

be completed and approved by the Secretary of the Interior. Then 

a second Act of Congress would designate the area as a NHA or 

corridor. Upon designation, the local coordinating entity would be 

eligible for federal funds for a specific time period to develop interpretive and historic preservation programs and other recommended 

programs outlined by the management plan. H.R. 2388 makes it 

clear that nothing in the bill shall be construed to require the 

owner of any private property located within the boundaries of an 

NHA to participate in or be associated with an NHA or corridor, 

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or be construed to modify any authority of federal, State, or local 

government to regulate land use. 

COMMITTEE ACTION

H.R. 2388 was introduced on June 28, 2001, by Congressman 

Joel Hefley (R–CO). The bill was referred to the Committee on Resources, and within the Committee to the Subcommittee on National Parks, Recreation, and Public Lands. On November 1, 2001, 

the Subcommittee held a hearing on the bill. On April 18, 2002, the 

Subcommittee met to mark up the bill. Mr. Hefley offered an 

amendment in the nature of a substitute that made, among others, 

the following changes to the original text: (1) established a two tier 

matching grant program that would make funds available to proposed areas for the development of their management and financial 

plans and feasibility studies, and then additional funding once an 

area is designated for exhibits, programs, historic preservation, 

etc.; (2) established criteria for consideration and designation of 

NHAs; (3) clarified what a local management entity must have 

completed before designation is possible; and (4) removed existing 

designated NHAs from the requirements of the bill. It was adopted 

by voice vote. The bill as amended was then ordered favorably reported to the Full Committee by voice vote. On May 22, 2002, the 

Full Resources Committee met to consider the bill. Mr. Hefley offered an amendment in the nature of a substitute that established 

criteria for both the feasibility study and management plan, and 

required that both the study and management plan be completed 

and approved by the Secretary of the Interior prior to establishing 

an NHA or corridor. The amendment also ensured that State and 

local participation in the development of the NHAs and established 

a five-year matching grant program to local coordinating entities 

for the development of their feasibility study and management 

plan, and then a ten-year grant program for NHAs to carry-out 

their preservation programs and management plan. Congressman 

Nick Rahall (D–WV) offered an amendment to the Hefley amendment to permit the use of federal funds to purchase real property 

or interest in real property within NHAs. It was not adopted by a 

roll call vote of 15 yeas to 22 noes, as follows:

10


Insert offset folio 11 here HR498.001
11

Congressman Richard Pombo (R–CA) offered an en bloc amendment to the Hefley amendment to inform and obtain written consent from private property owners within a proposed NHA. It was 

not adopted by a roll call vote of 19 yeas to 21 noes, as follows:


Insert offset folio 13 here HR498.002
12

Congressman Mark Udall (D–CO) offered an amendment to the 

Hefley Amendment to insert at the end of the bill a new section 

entitled ‘‘Study on Cultural Heritage Assistance Partnership Program.’’ It was not agreed to by voice vote. The Hefley amendment 

in the nature of a substitute was adopted by voice vote. The bill 

as amended was then ordered favorably reported to the House of 

Representatives by voice vote. 

SECTION-BY-SECTION ANALYSIS

Section 1. Short title; Table of Contents 

Section 1 contains the short title of the bill, the ‘‘National Heritage Areas Policy Act’’, and the table of contents. 

Section 2. Purposes 

Section 2 contains the purposes of the bill, which are, among others, to: (1) establish the criteria and mechanisms for designations 

of certain areas in the United States as NHAs; (2) describe the extent of federal responsibilities, including its financial and technical 

assistance, and duties with regard to future NHAs, and (3) encourage collaboration and partnerships among State and local governments, nonprofit organizations, and the private sector, or combinations thereof, to conserve and manage the resources and opportunities in NHAs. 

Section 3. Definitions 

Section 3 includes definitions for terms associated with the bill. 

Section 4. Recommendation of areas for designation as national heritage areas 

Section 4 establishes the requirement that the Secretary of the 

Interior must approve both a feasibility study and management 

plan prior to Congressional designation of an NHA. 

Section 5. Requirements applicable to feasibility studies 

Section 5 outlines the process and requirements for the feasibility study for a proposed NHA and the approval/disapproval process by the Secretary. 

Section 6. Management plans 

Section 6 outlines the process and requirements for a management plan for a proposed NHA and the approval/disapproval process by the Secretary. 

Section 7. Grants for proposed national heritage areas 

Section 7 outlines the authorized and prohibited uses of grants 

for proposed NHAs. 

Section 8. Grants to support designated national heritage areas 

Section 8 outlines the appropriate and prohibited uses of grants 

to support designated NHAs. 

Section 9. Technical assistance 

Section 9 contains the Secretarial authority to provide technical 

assistance on a nonreimbursable basis to an interested party for a 

13

proposed NHA and a local coordinating entity for a designated 

NHA. 

Section 10. Termination of designation 

Section 10 outlines the process for the Secretary to terminate a 

designated NHA and the process for appeal by a local coordinating 

entity. 

Section 11. Private property protection 

Section 11 describes the protections for private property within 

designated NHAs and the relationship of the bill to State and local 

zoning laws. 

Section 12. Relationship to other federal programs 

Section 12 describes the relationship of the bill to other laws. 

Section 13. Savings provisions 

Sections 13 describes the relationship of the bill to existing 

NHAs, existing water rights, and State authority. 

Section 14. Funding 

Section 14 contains the authorization of appropriations—not 

more than $10 million for grants and technical assistance for each 

designated NHA and not more than $1.5 million for grants and 

technical assistance for each proposed NHA. Also contains matching requirements for grants and establishes a maximum amount 

for the Secretary to administer the grant program. 

COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of rule XIII 

of the Rules of the House of Representatives, the Committee on Resources’ oversight findings and recommendations are reflected in 

the body of this report. 

CONSTITUTIONAL AUTHORITY STATEMENT

Article I, section 8 of the Constitution of the United States 

grants Congress the authority to enact this bill. 

COMPLIANCE WITH HOUSE RULE XIII

1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the Rules of 

the House of Representatives requires an estimate and a comparison by the Committee of the costs which would be incurred in carrying out this bill. However, clause 3(d)(3)(B) of that rule provides 

that this requirement does not apply when the Committee has included in its report a timely submitted cost estimate of the bill prepared by the Director of the Congressional Budget Office under section 402 of the Congressional Budget Act of 1974. 

2. Congressional Budget Act. As required by clause 3(c)(2) of rule 

XIII of the Rules of the House of Representatives and section 

308(a) of the Congressional Budget Act of 1974, this bill does not 

contain any new budget authority, spending authority, credit authority, or an increase or decrease in revenues or tax expenditures. 

3. General Performance Goals and Objectives. As required by 

clause 3(c)(4) of rule XIII, the general performance goal or objective 

14

of this bill is to establish the criteria and mechanism for the designation and support of national heritage areas. 

4. Congressional Budget Office Cost Estimate. Under clause 

3(c)(3) of rule XIII of the Rules of the House of Representatives and 

section 403 of the Congressional Budget Act of 1974, the Committee has received the following cost estimate for this bill from the 

Director of the Congressional Budget Office:

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, June 6, 2002. 

Hon. JAMES V. HANSEN, 

Chairman, Committee on Resources, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 3288, the National Heritage Areas Policy Act. 

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

to provide them. The CBO staff contact is Deborah Reis. 

Sincerely, 

STEVEN M. LIEBERMAN

(For Dan L. Crippen, Director). 

Enclosure.

H.R. 2388—National Heritage Areas Policy Act 

H.R. 2388 would provide a framework for establishing new national heritage areas (NHAs). NHAs are cultural or historical areas 

managed locally in cooperation with the National Park Service 

(NPS) but are not units of the National Park System. CBO estimates that enacting H.R. 2388—by itself—would have no effect on 

the federal budget because none of the activities authorized by the 

bill could occur without further authorizing legislation. The bill, 

however, would establish a new procedure that could affect how 

many and how quickly new NHAs would be established using future appropriate funds. It also would authorize appropriations for 

the study of and potential creation of future NHAs. H.R. 2388 

would not affect direct spending or receipts; therefore, pay-as-yougo procedures would not apply. 

H.R. 2388 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. 

H.R. 2388 would establish criteria and mechanisms for assessing, 

planning, designating, and developing new national heritage areas. 

For each proposed new NHA, Congressional action would be required to authorize both the first step—a feasibility study, and the 

final step—a formal NHA designation. 

Under the bill, once a feasibility study has been authorized, the 

NPS would have five years to approve and submit to the Congress 

both the study (conducted either by the NPS or by an interested 

local entity) and a general management plan (developed by a local 

coordinating entity), along with the agency’s recommendation regarding designation. For each proposed NHA, section 14 of the bill 

would authorize the appropriation of $250,000 per year (up to a 

total of $1.5 million) for technical assistance and grants to local 

groups for preparing the feasibility study and management plan. 

15

(This section also would authorize the appropriation of $250,000 for 

each feasibility study conducted by the NPS itself.) 

Once a formal designation of a new NHA has been enacted, NPS 

would be authorized to provide technical and financial assistance 

to a local coordinating entity over the following 10 years. This assistance would provide the local entity with operating funds and 

would support activities to implement the general management 

plan (including preparation of the necessary studies and interpretive programs and restoration of historic structures). For this purpose, the bill would authorize the appropriation of $10 million over 

10 years for each NHA. 

Because the authority to appropriate funds provided in H.R. 

2388 would depend on subsequent acts of Congress to authorize 

feasibility studies and designate new NHAs, CBO estimates that 

enacting this legislation alone would have no effect on the federal 

budget. 

The CBO staff contact for this estimate is Deborah Reis. The estimate was reviewed by Peter H. Fontaine, Deputy Assistant Director for Budget Analysis. 

COMPLIANCE WITH PUBLIC LAW 104–4

This bill contains no unfunded mandates. 

PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

This bill is not intended to preempt any State, local or tribal law. 

CHANGES IN EXISTING LAW

If enacted, this bill would make no changes in existing law.

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