Union Calendar No. 316

103D CONGRESS

2D SESSION H. R. 3707

[Report No. 103–570]

A BILL

To establish an American Heritage Areas Partnership Program in the Department of the Interior.

JUNE 30, 1994

Reported with an amendment, committed to the Commitordered to be printed tee of the Whole House on the State of the Union, and
IB

Union Calendar No. 316

103D CONGRESS

2D SESSION H. R. 3707

[Report No. 103–570]

To establish an American Heritage Areas Partnership Program in the

Department of the Interior.

IN THE HOUSE OF REPRESENTATIVES

NOVEMBER 22, 1993

Mr. VENTO (for himself, Mr. HINCHEY, and Mr. BOUCHER) introduced the

following bill; which was referred to the Committee on Natural Resources

JUNE 30, 1994

Additional sponsor: Mr. GORDON

JUNE 30, 1994

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on November 22, 1993]

A BILL

To establish an American Heritage Areas Partnership

Program in the Department of the Interior.

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

2 This Act may be cited as the ‘‘American Heritage

3 Areas Partnership Program Act of 1994’’.

4 SEC. 2. FINDINGS.

5 The Congress finds that—

6 (1) certain areas of the United States represent

7 the diversity of the national character through the

8 interaction of natural processes, distinctive land9 scapes, cultural traditions, and economic and social

10 forces that have combined to create a particular pat11 tern of human settlement and activity;

12 (2) despite existing efforts by States and local13 ities and existing Federal programs, the natural, his14 toric, and cultural resources and recreational oppor15 tunities in these areas are often at risk; and

16 (3) their complexity and character distinguish

17 them and call for a distinctive system of recognition,

18 protection, and partnership management.

19 SEC. 3. PURPOSES.

20 The purposes of the American Heritage Areas Partner21 ship Program Act are—

22 (1) to recognize that the natural, historic, and

23 cultural resources and recreational opportunities of

24 the United States represent the great and diverse

25 character of the Nation and are important thereto,

26 and that these resources and opportunities must be
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1 guarded, preserved, and wisely managed so they may

2 be passed on to future generations;

3 (2) to recognize that combinations of such re4 sources and opportunities as they are geographically

5 assembled and thematically related form heritage

6 areas which provide unique frameworks for under7 standing the historical, cultural and natural develop8 ment of the community and its surroundings;

9 (3) to preserve such assemblages which are wor10 thy of national recognition, designation and assist11 ance, and to encourage linking such resources within

12 such areas through greenways, corridors, and trails;

13 (4) to encourage appropriate partnerships

14 among Federal agencies, State and local governments,

15 nonprofit organizations, the private sector, or com16 binations thereof to preserve, conserve and manage

17 those resources and opportunities, accommodate eco18 nomic viability and enhance the quality of life for our

19 Nation’s present and future generations;

20 (5) to authorize Federal financial and technical

21 assistance to State and local governments, private

22 nonprofit organizations, or combinations thereof, to

23 study and promote the potential for conserving and

24 interpreting heritage areas; and
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1 (6) to prescribe the process by which, and the

2 standards according to which, prospective American

3 Heritage Areas may be assessed for eligibility and in4 cluded in an American Heritage Areas Partnership

5 Program.

6 SEC. 4. DEFINITIONS.

7 For purposes of this Act—

8 (1) AMERICAN HERITAGE AREA.—The term

9 ‘‘American Heritage Area’’ means a place where nat10 ural, historic, or cultural resources, or some combina11 tion thereof, combine to form a cohesive, nationally

12 distinctive landscape arising from patterns of human

13 activity shaped by geography. These patterns make

14 American Heritage Areas representative of the na15 tional experience through the physical features that

16 remain and the traditions that have evolved in them.

17 Continued use of and adaptive reuses of the natural

18 and cultural fabric within American Heritage Areas

19 by people whose traditions helped to shape the land20 scapes enhances their significance.

21 (2) INDIAN TRIBE.—The term ‘‘Indian tribe’’

22 means any Indian tribe, band, nation, pueblo, or

23 other organized group or community, including any

24 Alaska Native village or regional corporation as de25 fined in or established pursuant to the Alaska Native
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1 Claims Settlement Act, which is recognized as eligible

2 for the special programs and services provided by the

3 United States to Indians because of their status as

4 Indians.

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

6 the Secretary of the Interior.

7 (4) TECHNICAL ASSISTANCE.—The term ‘‘tech8 nical assistance’’ means any guidance, advice, help,

9 or aid, exclusive of financial aid.

10 (5) UNIT OF GOVERNMENT.—The term ‘‘unit of

11 government’’ means the government of a State, a po12 litical subdivision thereof, or Indian tribe.

13 SEC. 5. AMERICAN HERITAGE PARTNERSHIP PROGRAM.

14 (a) ESTABLISHMENT.—In order to preserve nationally

15 distinctive natural, historic, and cultural resources, and to

16 provide opportunities for conservation, education, and

17 recreation through recognition of and assistance to such

18 areas, there is hereby established an American Heritage

19 Areas Partnership Program within the Department of the

20 Interior, which shall consist of American Heritage Areas

21 designated pursuant to subsection (d).

22 (b) GENERAL AUTHORITY.—In accordance with the

23 purposes of this Act, the Secretary is authorized to—
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1 (1) evaluate combinations of resources best pre2 served, interpreted, stabilized, and managed as Amer3 ican Heritage Areas under a partnership model;

4 (2) evaluate areas nominated for designation

5 under subsection (d) as American Heritage Areas in

6 accordance with the criteria established in subsection

7 (c);

8 (3) advise State and local governments, as well

9 as nonprofit organizations or other appropriate enti10 ties as to suitable methods of recognizing and preserv11 ing thematically and geographically linked natural,

12 historic, and cultural resources and recreational op13 portunities;

14 (4) provide technical assistance and grants for

15 the purposes of nominating areas for inclusion in the

16 American Heritage Area Program, of developing com17 pacts for nominated areas, of developing management

18 plans for designated areas, and of undertaking cap19 ital projects and improvements pursuant to such

20 management plans; and

21 (5) to consider any heritage area designated

22 under this or any other Act for nomination to the

23 World Heritage List if the Secretary determines that

24 such heritage area meets the qualification for such

25 nomination.
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1 (c) CRITERIA.—To be eligible for designation as an

2 American Heritage Area, a proposed area shall meet each

3 of the following criteria:

4 (1) The area shall be an assemblage of natural,

5 historic, or cultural resources that together represent

6 distinctive aspects of American heritage worthy of

7 recognition, preservation, interpretation and continu8 ing use which are best managed as such, through

9 partnerships among public and private entities, and

10 combining diverse and sometimes noncontiguous re11 sources and active communities.

12 (2) The area shall reflect traditions, customs, be13 liefs, or folklife, or some combination thereof, that are

14 a valuable part of the Nation’s story.

15 (3) The area shall provide outstanding opportu16 nities to conserve natural, cultural, or historic fea17 tures, or some combination thereof.

18 (4) The area shall provide outstanding rec19 reational and educational opportunities.

20 (5) The resources important to the identified

21 theme or themes of the area shall retain integrity ca22 pable of supporting interpretation.

23 (6) Residents, nonprofit organizations, other pri24 vate entities, and governments within the proposed

25 area shall have demonstrated support for designation
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1 of the area and implementation of its management

2 plan.

3 (7) The principal organization and units of gov4 ernment supporting the designation shall be willing to

5 commit to agreements to work in partnership to im6 plement its management plan.

7 (8) The proposal shall be consistent with contin8 ued economic viability in the area.

9 (9) A compact shall have been prepared with

10 public participation.

11 (10) The implementation program outlined in

12 the compact shall be likely to be initiated within a

13 reasonable time after designation and such program

14 shall ensure effective implementation of the State and

15 local aspects of the plan.

16 (d) CONDITIONS FOR DESIGNATION.—An area may be

17 designated as an American Heritage Area only by an Act

18 of Congress. The Congress may designate an area as an

19 American Heritage Area, upon which the boundaries of the

20 area shall be specified and the management entity recog21 nized, only after each of the following conditions are met:

22 (1) An entity requesting American Heritage

23 Area designation shall have submitted a feasibility

24 study and compact, as described in section 6(d), to

25 the Secretary. The comments of the Governor of each
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1 State in which the proposed American Heritage Area

2 lies shall accompany such submittals to the Secretary.

3 (2) The Secretary shall have approved the fea4 sibility study and compact, and have submitted the

5 study and compact to the Congress. Prior to approv6 ing any studies or compacts, the Secretary shall con7 sult with the Advisory Council on Historic Preserva8 tion in accordance with section 106 of the National

9 Historic Preservation Act. The Secretary shall submit

10 those studies and compacts described in section 6(d)

11 of this Act to the Congress, together with any com12 ments which the Secretary deems appropriate for a

13 preferred action.

14 (e) RELATION TO THE NATIONAL REGISTER OF HIS15 TORIC PLACES.—The act of designation of an American

16 Heritage Area shall not be deemed to signify that such

17 American Heritage Area is included in, or eligible for, in18 clusion in the National Register of Historic Places, as estab19 lished in accordance with the National Historic Preserva20 tion Act. Designation of an American Heritage Area shall

21 not preclude the subsequent nomination to, or determina22 tion of eligibility for inclusion in, the National Register of

23 any district, site, building, structure, or object located with24 in the designated American Heritage Area.

25 (f) DURATION OF DESIGNATIONS.—
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1 (1) IN GENERAL.—An American Heritage Area’s

2 designation shall continue unless the Secretary deter3 mines—

4 (A)(i) that the American Heritage Area no

5 longer meets the criteria established in subsection

6 (c);

7 (ii) that the parties to the compact are not

8 in compliance with the terms of the compact; or

9 (iii) that the management entity has not

10 made significant progress in developing or im11 plementing the management plan; and

12 (B) requests that the Congress withdraw

13 designation.

14 (2) PUBLIC HEARING.—Before making such a de15 termination, the Secretary or the Secretary’s designee

16 shall hold a public hearing within the American Her17 itage Area.

18 SEC. 6. HERITAGE PARTNERSHIP FEASIBILITY STUDIES,

19 COMPACTS, MANAGEMENT PLANS, AND

20 EARLY ACTIONS.

21 (a) GRANTS.—

22 (1) IN GENERAL.—The Secretary may make

23 matching grants to assist in studies to identify the

24 feasibility of establishing a heritage area, to prepare

25 compacts outlining the objectives, boundaries and
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1 management structure of the heritage area, to prepare

2 management plans for designated American Heritage

3 Areas, and to provide support for early actions as

4 part of the development of American Heritage Areas,

5 as described in subsections (d) and (e).

6 (2) ELIGIBILITY.—The Secretary may make

7 grants under this section to units of government. The

8 Secretary, in consultation with affected units of gov9 ernment, may also make grants to private nonprofit

10 organizations. In awarding grants, the Secretary

11 shall be guided by the criteria for eligibility for des12 ignation found in section 5(c).

13 (b) TECHNICAL ASSISTANCE.—

14 (1) ELIGIBILITY.—The Secretary may provide

15 technical assistance to units of government and pri16 vate nonprofit organizations in the conduct of studies,

17 compacts, plans, and early actions. In providing tech18 nical assistance, the Secretary shall be guided by the

19 criteria for eligibility for designation found in section

20 5(c).

21 (2) COOPERATIVE AGREEMENTS.—The Secretary

22 may also elect to provide all or part of the technical

23 assistance in the conduct of studies, compacts, plans,

24 and early actions through cooperative agreements

25 with units of government and private nonprofit orga-
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1 nizations whose missions and resources can contribute

2 substantially to the purposes of this Act.

3 (c) OTHER ASSISTANCE.—Nothing in this Act shall be

4 deemed to prohibit the Secretary or other units of govern5 ment from providing technical or financial assistance under

6 any other provision of law.

7 (d) CONTENTS OF STUDIES, COMPACTS, AND PLANS.—

8 (1) FEASIBILITY STUDY.—Each feasibility study

9 under this Act shall include sufficient information to

10 determine if an area has the potential to meet the cri11 teria in section 5(c). Such information shall include,

12 but need not be limited to, each of the following:

13 (A) A description of the natural, historic,

14 and cultural resources and recreational opportu15 nities, including an assessment of their quality,

16 the degree of integrity, the availability of public

17 access and the themes represented by such re18 sources and opportunities.

19 (B) An assessment of the interest of poten20 tial partners, including units of government,

21 nonprofit organizations, and other private enti22 ties.

23 (C) A description of tentative boundaries for

24 the area to be nominated.
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1 (D) Identification of a possible management

2 entity.

3 (2) COMPACT.—A compact under this Act shall

4 include information relating to the objectives and

5 management of the area to be proposed for designa6 tion. Such information shall include, but need not be

7 limited to each of the following:

8 (A) A delineation of the boundaries of the

9 proposed area.

10 (B) A discussion of the goals and objectives

11 of the area to be nominated, including an expla12 nation of the proposed approach to conservation

13 and interpretation, and a general outline of the

14 protection measures committed to by the part15 ners.

16 (C) An identification and description of the

17 management entity which will administer the

18 heritage area.

19 (D) A list of the initial partners to be in20 volved in developing and implementing the man21 agement plan for the proposed area, as well as

22 a statement of the financial commitment of such

23 partners.

24 (E) A description of the role of the State or

25 States in which the proposed area is located.
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1 (3) MANAGEMENT PLAN.—A management plan

2 under this Act for an American Heritage Area shall

3 present comprehensive recommendations for the herit4 age area’s conservation, funding, management and

5 development. Such plan shall take into consideration

6 existing State, county, and local plans and involve

7 residents, public agencies, and private organizations

8 working in the area. It shall include recommended ac9 tions to be undertaken by units of government and

10 private organizations to protect the resources of the

11 area. It shall specify the existing and potential

12 sources of funding to protect, manage and develop the

13 area. Such plans shall include specifically as appro14 priate:

15 (A) An inventory of the resources contained

16 in the heritage area, including a list of property

17 in the area which should be preserved, restored,

18 managed, developed, maintained because of its

19 natural, cultural, or historic significance as it

20 relates to the themes of the area.

21 (B) A recommendation of policies for re22 source management which consider and detail

23 application of appropriate land and water man24 agement techniques, including (but not limited

25 to) the development of intergovernmental cooper-
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1 ative agreements to protect the area’s historical,

2 cultural, and natural resources and recreational

3 opportunities in a manner consistent with sup4 porting appropriate and compatible economic vi5 ability.

6 (C) A program for implementation of the

7 management plan by the management entity, in8 cluding plans for restoration and construction,

9 as well as specific commitments of the identified

10 partners for the first 5 years of operation.

11 (D) An analysis of ways in which local,

12 State, and Federal programs may best be coordi13 nated to promote the purposes of the Act.

14 (E) An interpretation plan for the Amer15 ican Heritage Area.

16 (e) EARLY ACTION.—After designation of an American

17 Heritage Area but prior to approval of the management

18 plan for that area, the Secretary may provide technical and

19 financial assistance for early actions which are important

20 to the theme of the area and which protect resources in im21 minent danger of irreversible damage but for the fact of such

22 early action.

23 SEC. 7. MANAGEMENT ENTITIES.

24 (a) GENERAL.—The management entities named in

25 the compacts for American Heritage Areas are authorized
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1 to receive Federal funds in support of cooperative partner2 ships to prepare and implement the management plans and

3 otherwise perform the functions contemplated in this Act.

4 To be eligible for designation as the management entity of

5 an American Heritage Area, a unit of government or pri6 vate nonprofit organization must possess the legal ability

7 to—

8 (1) receive Federal funds for use in preparing

9 and implementing the management plan;

10 (2) disburse Federal funds to other units of gov11 ernment or other organizations for use in preparing

12 and implementing the management plan;

13 (3) account for all Federal funds so received or

14 disbursed; and

15 (4) sign agreements with the Federal Govern16 ment.

17 (b) AUTHORITIES OF THE MANAGEMENT ENTITY.—

18 The management entity may, for purposes of preparing and

19 implementing the management plan, use Federal funds

20 made available through this Act—

21 (1) to make grants and loans to States, political

22 subdivisions thereof, private organizations, and other

23 persons;

24 (2) to enter into cooperative agreements with

25 Federal agencies; and
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1 (3) to hire and compensate staff.

2 (c) DUTIES OF THE MANAGEMENT ENTITY.—The man3 agement entity for an American Heritage Area shall—

4 (1) develop and submit to the Secretary for ap5 proval a management plan as described in section

6 6(d) within 5 years of the date of designation of such

7 area;

8 (2) give priority to implementing actions as set

9 forth in the compact and the management plan, in10 cluding taking steps to—

11 (A) assist units of government, regional

12 planning organizations, and nonprofit organiza13 tions in preserving the American Heritage Area;

14 (B) assist units of government, regional

15 planning organizations, and nonprofit organiza16 tions in establishing, and maintaining interpre17 tive exhibits in the American Heritage Area;

18 (C) assist units of government, regional

19 planning organizations, and nonprofit organiza20 tions in developing recreational opportunities in

21 the American Heritage Area;

22 (D) assist units of government, regional

23 planning organizations, and nonprofit organiza24 tions in increasing public awareness of and ap-
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1 preciation for the natural, historical, and cul2 tural resources in the American Heritage Area;

3 (E) assist units of government, regional

4 planning organizations and nonprofit organiza5 tions in the restoration of any historic building

6 relating to the themes of the American Heritage

7 Area;

8 (F) encourage by appropriate means eco9 nomic viability in the corridor consistent with

10 the goals of the management plan;

11 (G) encourage local governments to adopt

12 land use policies consistent with the management

13 of the American Heritage Area and the goals of

14 the management plan; and

15 (H) assist units of government, regional

16 planning organizations and nonprofit organiza17 tions to ensure that clear, consistent, and envi18 ronmentally appropriate signs identifying access

19 points and sites of interest are put in place

20 throughout the American Heritage Area;

21 (3) in developing and implementing the manage22 ment plan, consider the interests of diverse govern23 mental, business, and nonprofit groups within the ge24 ographic area;
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1 (4) conduct public meetings at least quarterly re2 garding the implementation of the management plan;

3 (5) submit substantial changes (including any

4 increase of more than 20 percent in the cost estimates

5 for implementation) to the management plan to the

6 Secretary for the Secretary’s approval;

7 (6) for any year in which Federal funds have

8 been received under this Act, submit an annual report

9 to the Secretary setting forth its accomplishments, its

10 expenses and income, and the entities to which any

11 loans and grants were made during the year for

12 which the report is made;

13 (7) for any year in which Federal funds have

14 been received under this Act, make available for audit

15 by the Congress, the Secretary, and appropriate units

16 of government all records and other information per17 taining to the expenditure of such funds and any

18 matching funds, and require, for all agreements au19 thorizing expenditure of Federal funds by other orga20 nizations, that the receiving organizations make

21 available for audit by such entities all records and

22 other information pertaining to the expenditure of

23 such funds; and

24 (8) be liable for any loans made pursuant to sec25 tion 7(b)(1).
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1 (d) DISQUALIFICATION FOR FEDERAL FUNDING.—If a

2 management plan is not submitted to the Secretary as re3 quired under subsection (c)(1) within the specified time, the

4 American Heritage Area shall no longer qualify for Federal

5 funding.

6 (e) PROHIBITION ON THE ACQUISITION OF REAL

7 PROPERTY.—The management entity may not use Federal

8 funds received under this Act to acquire real property or

9 interest in real property. Nothing in this Act shall preclude

10 any management entity from using Federal funds from

11 other sources for their permitted purposes.

12 (f) ELIGIBILITY FOR RECEIVING FINANCIAL ASSIST13 ANCE.—(1) A management entity for a designated Amer14 ican Heritage Area shall be eligible to receive funds appro15 priated through this Act for a period of 10 years after the

16 day on which the American Heritage Area is designated,

17 except as provided in paragraph (2).

18 (2) A management entity’s eligibility for funding

19 under this Act may be extended for a period of not more

20 than 5 additional years, if—

21 (A) the management entity determines such ex22 tension is necessary in order to carry out the purposes

23 of this Act and notifies the Secretary not later than

24 180 days prior to the termination date;
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1 (B) the management entity, not later than 180

2 days prior to the termination date, presents to the

3 Secretary a plan of its activities for the period of the

4 extension, including provisions for becoming inde5 pendent of the funds made available through this Act;

6 and

7 (C) the Secretary, with the advice of the Gov8 ernors of the States in which the American Heritage

9 Area is located, approves such extension of funding.

10 (3) Any extension provided pursuant to this subsection

11 shall not be construed as waiving any limitation on funds

12 provided by this Act.

13 SEC. 8. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES.

14 (a) DUTIES AND AUTHORITIES OF THE SECRETARY.—

15 (1) TECHNICAL AND FINANCIAL ASSISTANCE.—

16 (A) Following designation of an American Heritage

17 Area, the Secretary may, upon request of the manage18 ment entity, provide technical and financial assist19 ance with respect to American Heritage Area to de20 velop and implement the management plan.

21 (B) In assisting a designated American Heritage

22 Area, the Secretary shall give priority to actions that

23 in general assist in—
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1 (i) conserving the significant natural, his2 toric, and cultural resources which support the

3 themes of the American Heritage Area; and

4 (ii) providing education, interpretive, and

5 recreational opportunities consistent with the re6 sources and associated values of the American

7 Heritage Area.

8 (C) The Secretary is authorized to spend Federal

9 funds directly on nonfederally owned property to fur10 ther the purposes of this Act, especially in assisting

11 units of government in appropriate treatment of dis12 tricts, sites, buildings, structures, and objects listed or

13 eligible for listing on the National Register of His14 toric Places.

15 (D) The Secretary shall decide which American

16 Heritage Areas shall be awarded technical and finan17 cial assistance, and the amount of such assistance.

18 Such decisions shall be based on the relative degree to

19 which each Area most effectively fulfills the objectives

20 contained in the management plan and shall give

21 consideration to projects which provide a greater le22 verage of Federal funds.

23 (E) The Secretary may provide technical and fi24 nancial assistance to units of government and to non-
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1 profit organizations in carrying out the purposes of

2 this Act.

3 (2) APPROVAL AND DISAPPROVAL OF COMPACTS,

4 AND MANAGEMENT PLANS.—

5 (A) The Secretary, in consultation with the

6 Governors of each State in which the proposed or

7 designated American Heritage Area is located,

8 shall approve or disapprove a compact or man9 agement plan submitted under this Act not later

10 than 90 days after receiving such compact or

11 management plan.

12 (B) If the Secretary disapproves a submit13 ted compact or management plan, the Secretary

14 shall advise the petitioner in writing of the rea15 sons therefor and shall make recommendations

16 for revisions in the compact or plan. The Sec17 retary shall approve or disapprove a proposed

18 revision within 90 days after the date it is sub19 mitted.

20 (3) APPROVING AMENDMENTS.—The Secretary

21 shall review substantial amendments to management

22 plans of American Heritage Areas. Funds appro23 priated pursuant to this Act may not be expended to

24 implement the amendments until the Secretary ap25 proves the amendments.
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1 (4) ANNUAL REPORT.—The Secretary shall sub2 mit an annual report to Congress on the American

3 Heritage Partnership Program. Such report shall in4 clude—

5 (A) the number, amount and recipients of

6 any grants provided by the Secretary and the

7 nature of any technical assistance or early ac8 tion provided pursuant to this Act;

9 (B) a description of the areas nominated for

10 the American Heritage Partnership Program;

11 (C) the Secretary’s recommendations for

12 areas to be designated by Congress; and

13 (D) the status of the implementation of con14 tractual agreements entered into by the Secretary

15 under this same program.

16 (5) OVERSIGHT OF HERITAGE AREAS.—The Sec17 retary shall investigate, study and continually mon18 itor the welfare of American Heritage Areas whose

19 eligibility for Federal funding has expired, and shall

20 report to the Congress periodically on the current and

21 changed condition of any such American Heritage

22 Area.

23 (6) PROVIDING INFORMATION.—In cooperation

24 with other Federal agencies, the Secretary shall pro25 vide the general public with information as to the lo-
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1 cation and character of components of the American

2 Heritage Area Program.

3 (7) PROMULGATING REGULATIONS.—The Sec4 retary shall promulgate such regulations as are nec5 essary to carry out the purposes of this Act.

6 (b) DUTIES OF FEDERAL ENTITIES.—Any Federal en7 tity conducting or supporting activities directly affecting

8 a designated American Heritage Area, and any unit of gov9 ernment acting pursuant to a grant of Federal funds or

10 a Federal permit or agreement conducting or supporting

11 such activities shall, to the maximum extent practicable—

12 (1) consult with the Secretary and the manage13 ment entity for the American Heritage Area with re14 spect to such activities;

15 (2) cooperate with the Secretary and the man16 agement entity in carrying out their duties under this

17 Act and coordinate such activities with the carrying

18 out of such duties; and

19 (3) conduct or support such activities in a man20 ner consistent with the management plan unless the

21 Federal entity, after consultation with the manage22 ment entity, determines there is no practicable alter23 native.
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1 SEC. 9. PRIVATE PROPERTY USE.

2 Land use plans for a designated American Heritage

3 Area may be adopted and implemented by local govern4 ments, or management entities authorized by State law to

5 exercise such authorities concerning private property use,

6 pursuant to the compact, the management plan, and the

7 other binding agreements among the partners supporting

8 the American Heritage Area to achieve the purposes of the

9 designation.

10 SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

11 (a) FEASIBILITY STUDIES, COMPACTS, MANAGEMENT

12 PLANS, AND EARLY ACTIONS.—From the amounts made

13 available to carry out the National Historic Preservation

14 Act, there is authorized to be appropriated to the Secretary,

15 for grants and technical assistance pursuant to section 6

16 and the administration thereof, annually not more than

17 $10,000,000, to remain available until expended with the

18 following conditions:

19 (1) No grant for a feasibility study, compact,

20 management plan, or early action may exceed 75 per21 cent of the grantee’s cost for such study, plan, or early

22 action.

23 (2) The total amount of Federal funding for a

24 feasibility study for any one American Heritage Area

25 may not exceed $100,000.
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1 (3) The total amount of Federal funding for a

2 compact for any one American Heritage Area may

3 not exceed $150,000.

4 (4) The total amount of Federal funding for

5 early action grants for any one American Heritage

6 Area may not exceed $250,000.

7 (5) The total amount of Federal funding for a

8 management plan for any one American Heritage

9 Area may not exceed $150,000.

10 (b) MANAGEMENT ENTITY OPERATIONS.—

11 (1) OPERATING COSTS.—From the amounts

12 made available to carry out the National Historic

13 Preservation Act, there is authorized to be appro14 priated to the Secretary for the operating costs of each

15 management entity pursuant to section 7 not more

16 than $250,000 annually.

17 (2) COST SHARE.—The Federal contribution to

18 the operations of any management entity shall not ex19 ceed 50 percent of the annual operating costs of that

20 entity.

21 (c) IMPLEMENTATION.—From the amounts made

22 available to carry out the National Historic Preservation

23 Act, there is authorized to be appropriated to the Secretary,

24 for grants and technical assistance pursuant to section 8

25 and the administration thereof for the implementation of
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1 management plans for designated American Heritage Areas

2 pursuant to section 8, annually not more than $25,000,000,

3 to remain available until expended, with the following con4 ditions—

5 (1) No grant for implementation may exceed 50

6 percent of the grantee’s cost of implementation.

7 (2) No more than 10 percent of the annual ap8 propriation for this subsection shall be made avail9 able, in any single year, for implementation activities

10 in a given area.

11 (3) No more than $10,000,000 in total may be

12 made available under this subsection to any one

13 American Heritage Area.

14 (4) Any payment made shall be subject to an

15 agreement that conversion, use, or disposal of the

16 project so assisted for purposes contrary to the pur17 poses of this Act, as determined by the Secretary,

18 shall result in a right of the United States of reim19 bursement of all funds made available to such project

20 or the proportion of the increased value of the project

21 attributable to such funds as determined at the time

22 of such conversion, use, or disposal, whichever is

23 greater.

24 (d) LIMITATION ON AMOUNTS AVAILABLE FOR TECH25 NICAL ASSISTANCE.—For any one American Heritage Area,
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1 an amount equal to not more than 10 percent of the total

2 amount made available to such area under this section for

3 a fiscal year may be made available for that fiscal year

4 for technical assistance with respect to that area.

5 SEC. 11. EXPIRATION OF AUTHORITIES.

6 The authorities contained in this Act shall expire on

7 September 30 of the 25th fiscal year beginning after the date

8 of enactment of this Act. The Secretary shall submit to the

9 Congress every 5 years a report on the status and accom10 plishments of the overall American Heritage Area Partner11 ship Program.

12 SEC. 12. SAVINGS PROVISION.

13 Nothing in this Act shall be construed to expand or

14 diminish any authorities provided by laws designating in15 dividual National Heritage Areas or Corridors established

16 prior to enactment of this Act.

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