II

103D CONGRESS

2D SESSION S. 2509

To establish an American Heritage Areas Partnership Program in the

Department of the Interior.

IN THE SENATE OF THE UNITED STATES

OCTOBER 5 (legislative day, SEPTEMBER 12), 1994

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

referred to the Committee on Energy and Natural Resources

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,

3 SECTION 1. SHORT TITLE.

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

5 Areas Partnership Program Act of 1994’’.

6 SEC. 2. FINDINGS.

7 Congress finds the following:

8 (1) Certain geographic areas of the United

9 States represent the diversity of the national char10 acter by reason of the interaction of natural proc-
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1 esses, distinctive landscapes, cultural traditions, and

2 economic and social forces that have combined to

3 create a particular pattern of human settlement and

4 activity.

5 (2) Despite efforts that have been made by

6 States and political subdivisions of States as of the

7 date of enactment of this Act and Federal programs

8 in effect on such date, the natural, cultural, historic,

9 and scenic resources and recreational opportunities

10 in the areas referred to in paragraph (1) are often

11 at risk.

12 (3) The complexity and character of such areas

13 distinguish such areas and necessitate a distinctive

14 system of recognition, protection, and partnership

15 management.

16 SEC. 3. PURPOSES.

17 The purposes of this Act are as follows:

18 (1) To recognize that the natural, cultural, his19 toric, and scenic resources and recreational opportu20 nities of the United States represent the diverse

21 character of the United States and are important to

22 the United States.

23 (2) To guard, preserve, and manage wisely the

24 resources and opportunities referred to in paragraph
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1 (1) in order to ensure that the resources are passed

2 on to future generations.

3 (3) To recognize that the geographic assem4 blages of combinations of such resources and the5 matic relationships of such combinations form herit6 age areas which provide a unique framework for un7 derstanding the historical, cultural and natural de8 velopment of communities and surroundings.

9 (4) To preserve the assemblages described in

10 paragraph (3) that are worthy of national recogni11 tion, designation and assistance.

12 (5) To encourage the linkage of the resources

13 referred to in paragraph (1) within the areas re14 ferred to in paragraph (3) through the establishment

15 and maintenance of greenways, corridors, and trails.

16 (6) To encourage appropriate partnerships

17 among Federal agencies, the governments of States

18 and political subdivisions thereof, nonprofit organi19 zations, and the private sector (and any combination

20 thereof) to—

21 (A) preserve, conserve, and manage such

22 resources and opportunities;

23 (B) accommodate economic viability; and
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1 (C) enhance the quality of life for the ex2 isting and subsequent generations of the people

3 of the United States.

4 (7) To authorize the provision of financial and

5 technical assistance by the Federal Government to

6 the governments of States and political subdivisions

7 of States, or private nonprofit organizations (or any

8 combination thereof) to study and promote the po9 tential for conserving and interpreting American

10 Heritage Areas.

11 (8) To prescribe the process by which, and the

12 standards according to which, prospective American

13 Heritage Areas may be assessed for eligibility and

14 included in a American Heritage Areas Partnership

15 Program.

16 SEC. 4. DEFINITIONS.

17 Unless the context specifically implies otherwise, as

18 used in this Act:

19 (1) AMERICAN HERITAGE AREA.—(A) The term

20 ‘‘American Heritage Area’’ means a place where nat21 ural, cultural, historic, or scenic resources, or a com22 bination thereof, combine to form a cohesive, nation23 ally distinctive landscape that has developed from

24 patterns of human activity shaped by geography.
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1 (B) As a result of such patterns, American

2 Heritage Areas are collectively—

3 (i) representative of the national experi4 ence, as demonstrated through the physical fea5 tures that remain, and the traditions that have

6 evolved, in such areas; and

7 (ii) enhanced with respect to their signifi8 cance by the continued use (and adaptive reuse)

9 of such areas by people whose traditions have

10 assisted in shaping the nationally distinctive

11 landscapes of the areas.

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

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

14 other organized group or community, including any

15 Alaska Native village or regional corporation as de16 fined in or established pursuant to the Alaska Na17 tive Claims Settlement Act (43 U.S.C. 1601 et seq.),

18 which is recognized as eligible for the special pro19 grams and services provided by the United States to

20 Indians because of their status as Indians.

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

22 the Secretary of the Interior.

23 (4) TECHNICAL ASSISTANCE.—The term ‘‘tech24 nical assistance’’ means any guidance, advice, or

25 other assistance (other than financial assistance).
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1 (5) UNIT OF GOVERNMENT.—The term ‘‘unit of

2 government’’ means the government of a State, a

3 political subdivision of a State, or Indian tribe.

4 (6) WORLD HERITAGE LIST.—The term ‘‘World

5 Heritage List’’ shall have the meaning provided such

6 term by the Secretary.

7 SEC. 5. ESTABLISHMENT OF AN AMERICAN HERITAGE

8 AREAS PARTNERSHIP PROGRAM.

9 (a) ESTABLISHMENT.—There is hereby established

10 an American Heritage Areas Partnership Program within

11 the Department of the Interior for the American Heritage

12 Areas designated pursuant to subsection (d) for the follow13 ing purposes:

14 (1) To preserve nationally distinctive natural,

15 cultural, historic, and scenic resources.

16 (2) To provide opportunities for conservation,

17 education, and recreation by recognizing and provid18 ing assistance for such American Heritage Areas.

19 (b) DUTIES OF THE SECRETARY.—In accordance

20 with the purposes specified in subsection (a) and section

21 2(b), under the American Heritage Areas Partnership

22 Program, the Secretary may carry out the following activi23 ties:

24 (1) Evaluate combinations of resources that are

25 best preserved, interpreted, stabilized, and managed
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1 as American Heritage Areas under a partnership

2 model.

3 (2) Evaluate areas and make recommendations

4 for the designation of areas as American Heritage

5 Areas under subsection (c).

6 (3) Advise the governments of States and politi7 cal subdivisions of States, nonprofit organizations,

8 or other appropriate entities (or any combination

9 thereof) concerning suitable methods of recognizing

10 and preserving thematically and geographically

11 linked natural, cultural, historic, and scenic re12 sources and recreational opportunities.

13 (4) Provide technical assistance and grants for

14 the following activities:

15 (A) The nomination of an area for inclu16 sion in the American Heritage Areas Partner17 ship Program.

18 (B) The development of a compact for an

19 area nominated for inclusion in the American

20 Heritage Areas Partnership Program.

21 (C) The development of a management

22 plan for an American Heritage Area designated

23 pursuant to this section.
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1 (D) A capital project or improvement un2 dertaken pursuant to a management plan re3 ferred to in subparagraph (C).

4 (5) Consider any heritage area designated

5 under this or any other Act for nomination to the

6 World Heritage List if the Secretary determines that

7 such heritage area meets the qualifications for such

8 nomination.

9 (c) CRITERIA.—To be eligible for designation as an

10 American Heritage Area, a proposed area shall meet each

11 of the following criteria:

12 (1) The proposed area shall be an assemblage—

13 (A) of natural, cultural, historic, or scenic

14 resources that together represent a distinctive

15 aspect of the heritage of the United States that

16 is worthy of recognition, preservation, interpre17 tation, and continuing use;

18 (B) that is best managed as such an as19 semblage through partnerships between public

20 and private entities; and

21 (C) that combines diverse (and sometimes

22 noncontiguous) resources and active commu23 nities.

24 (2) The proposed area reflects traditions, cus25 toms, beliefs, or folklife, or any combination thereof,
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1 that are a valuable part of the history of the United

2 States.

3 (3) The proposed area provides outstanding op4 portunities to conserve natural, cultural, historic, or

5 scenic features, or any combination thereof.

6 (4) The proposed area provides outstanding rec7 reational and educational opportunities.

8 (5) The resources that are important to each

9 identified theme of the proposed area retain a degree

10 of integrity that is capable of supporting interpreta11 tion of the theme.

12 (6) Residents, nonprofit organizations, other

13 private entities, and governments within the pro14 posed area have demonstrated support for the des15 ignation of the area as an American Heritage Area

16 and the implementation of the management plan for

17 the area developed under section 6.

18 (7) The principal organizations and units of

19 government that support the designation are willing

20 to commit to entering into agreements to work in

21 partnership to implement the management plan for

22 the area.

23 (8) A compact that meets the applicable re24 quirements under section 6 has been prepared with

25 public participation.
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1 (d) CONDITIONS FOR DESIGNATION.—An area may

2 be designated as an American Heritage Area only upon

3 the occurrence of the following conditions:

4 (1) An entity requesting that an area be des5 ignated as an American Heritage Area submits to

6 the Secretary a feasibility study and compact (as de7 scribed in section 6(d)), together with the comments

8 of the Governor of each State in which the proposed

9 American Heritage Area is located.

10 (2) The Secretary, after consulting with the Ad11 visory Council on Historic Preservation in accord12 ance with section 106 of the National Historic Pres13 ervation Act (16 U.S.C. 470f), approves the feasibil14 ity study and compact.

15 (3) The Secretary submits the feasibility study

16 and compact to Congress, together with any com17 ments that the Secretary considers appropriate for a

18 preferred action.

19 (4) Congress enacts legislation to designate the

20 area as an American Heritage Area that specifies

21 the boundaries of and management entity for the

22 American Heritage Area.

23 (e) RELATION TO THE NATIONAL REGISTER OF HIS24 TORIC PLACES.—The designation of an American Herit25 age Area shall not be deemed to signify that such Amer-
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1 ican Heritage Area is included in, or eligible for, inclusion

2 in the National Register of Historic Places, as established

3 in accordance with section 101 of the National Historic

4 Preservation Act (16 U.S.C. 470a). Designation of an

5 American Heritage Area shall not preclude the subsequent

6 nomination to, or determination of eligibility for inclusion

7 in, the National Register of any district, site, building,

8 structure, or object located within the designated Amer9 ican Heritage Area.

10 (f) DURATION OF DESIGNATIONS.—

11 (1) IN GENERAL.—The designation of an Amer12 ican Heritage Area shall continue to be in effect

13 during the period after the date of the designation

14 unless—

15 (A) the Secretary determines that—

16 (i) the American Heritage Area no

17 longer meets the criteria described in sub18 section (c);

19 (ii) the parties to the applicable com20 pact for the American Heritage Area are

21 not in compliance with the terms of the

22 compact; or

23 (iii) the management entity for the

24 American Heritage Area has not made sig-
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1 nificant progress in developing or imple2 menting the management plan;

3 (B) the Secretary requests that Congress

4 withdraw the designation; and

5 (C) Congress withdraws the designation.

6 (2) PUBLIC HEARING.—Before the Secretary

7 makes a determination described in paragraph

8 (1)(A) the Secretary or the designee of the Secretary

9 shall hold a public hearing within the American Her10 itage Area.

11 SEC. 6. HERITAGE PARTNERSHIP FEASIBILITY STUDIES,

12 COMPACTS, MANAGEMENT PLANS, AND

13 EARLY ACTIONS.

14 (a) GRANTS.—

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

16 matching grants—

17 (A) to assist in studies to identify the fea18 sibility of establishing an American Heritage

19 Area;

20 (B) to prepare compacts outlining the ob21 jectives, boundaries and management structure

22 of the proposed American Heritage Area;

23 (C) to prepare management plans for an

24 area designated as an American Heritage Area;

25 and
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1 (D) to provide support for early actions as

2 part of the development of American Heritage

3 Areas, as described in subsections (d) and (e).

4 (2) ELIGIBILITY.—The Secretary may make

5 grants under this section to units of government.

6 The Secretary, in consultation with affected units of

7 government, may also make grants to private non8 profit organizations. In awarding grants, the Sec9 retary shall be guided by the criteria for eligibility

10 for designation described in section 5(c).

11 (b) TECHNICAL ASSISTANCE.—

12 (1) ELIGIBILITY.—The Secretary may provide

13 technical assistance to units of government and pri14 vate nonprofit organizations for conducting feasibil15 ity studies described in subsection (d)(1), for prepar16 ing a compact described in subsection (d)(2) or man17 agement plan described in subsection (d)(3), and

18 carrying out an early action described in subsection

19 (e). In providing technical assistance under this

20 paragraph, the Secretary shall be guided by the cri21 teria for eligibility for designation described in sec22 tion 5(c).

23 (2) COOPERATIVE AGREEMENTS.—In addition,

24 the Secretary may provide all or part of the tech25 nical assistance described in paragraph (1), through
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1 cooperative agreements with units of government

2 and private nonprofit organizations that have a mis3 sion and resources that are capable of contributing

4 substantially to carrying out the purposes of this

5 Act.

6 (c) OTHER ASSISTANCE.—Nothing in this Act may

7 prohibit the Secretary or a unit of government from pro8 viding technical or financial assistance under any other

9 provision of law.

10 (d) CONTENTS OF STUDIES, COMPACTS, AND

11 PLANS.—

12 (1) FEASIBILITY STUDY.—Each feasibility

13 study conducted under this Act shall include suffi14 cient information to determine if an area has the po15 tential to meet the criteria described in subsection

16 (c). Such information shall include each of the fol17 lowing:

18 (A) A description of the natural, cultural,

19 historic, and scenic resources and recreational

20 opportunities of the area proposed to be des21 ignated as an American Heritage Area (referred

22 to in this subsection as a ‘‘proposed area’’), in23 cluding an assessment of the quality, the degree

24 of integrity, the availability of public access,
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1 and the themes represented by such resources

2 and opportunities.

3 (B) An assessment of the interest of poten4 tial partners, including units of government,

5 nonprofit organizations, and other private enti6 ties.

7 (C) A description of tentative boundaries

8 for the proposed area.

9 (D) The identification of a potential man10 agement entity.

11 (E) Any other information that the pre12 parer of the study determines appropriate.

13 (2) COMPACT.—A compact developed under this

14 Act shall include information relating to the goals

15 and objectives for managing the proposed area as an

16 American Heritage Area. Such information shall in17 clude the following:

18 (A) A delineation of the boundaries of the

19 proposed area.

20 (B) A discussion of the goals and objec21 tives for managing the proposed area, including

22 an explanation of a proposed approach to con23 servation and interpretation and a general out24 line of the protection measures that the part-
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1 ners specified in the compact have committed to

2 carry out.

3 (C) An identification and description of the

4 management entity that will administer the pro5 posed area as an American Heritage Area.

6 (D) A list of the initial partners that will

7 be involved in developing and implementing the

8 management plan for the proposed area, and a

9 statement of the financial commitment of such

10 partners.

11 (E) A description of the role of each State

12 in which the proposed area is located.

13 (3) MANAGEMENT PLAN.—

14 (A) IN GENERAL.—A management plan for

15 an American Heritage Area developed under

16 this Act shall provide for the following:

17 (i) Comprehensive recommendations

18 for the conservation, funding, manage19 ment, and development of the American

20 Heritage Area.

21 (ii) Recommended actions to be un22 dertaken by units of government and pri23 vate organizations to protect the resources

24 of the area.
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1 (iii) An identification of existing and

2 potential sources of funding for the protec3 tion, management, and development of the

4 American Heritage Area.

5 (iv) An inventory of the resources con6 tained in the American Heritage Area, in7 cluding a list of real property in the area

8 that should be preserved, restored, man9 aged, developed, and maintained, in a

10 manner consistent with the themes of the

11 American Heritage Area, because of the

12 natural, cultural, historic, or significance

13 of such real property.

14 (v) A recommendation of policies and

15 procedures for resource management that

16 take into consideration and detail the ap17 plication of appropriate land and water

18 management techniques, and that include

19 the development of intergovernmental co20 operative agreements to protect the natu21 ral, cultural, historic, and scenic resources

22 of the American Heritage Area and rec23 reational opportunities of such area in a

24 manner that is consistent with supporting
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1 appropriate and compatible economic via2 bility.

3 (vi) A program for the implementation

4 of the management plan by the manage5 ment entity, including plans for restoration

6 and construction, as well as specific com7 mitments of the identified partners for the

8 first 5 years during which the plan is in

9 operation.

10 (vii) An analysis of ways in which

11 local, State, and Federal programs may

12 best be coordinated to promote the pur13 poses of the Act.

14 (viii) An interpretation plan for the

15 American Heritage Area that is the subject

16 of the management plan.

17 (B) PLAN DEVELOPMENT.—In developing

18 a management plan, the management entity

19 shall—

20 (i) take into consideration existing

21 plans of units of government and regional

22 plans in effect at the time of the develop23 ment of the management plan; and

24 (ii) provide for participation by resi25 dents, public agencies, and private organi-
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1 zations located in the American Heritage

2 Area.

3 (e) EARLY ACTION.—During the period beginning on

4 the date on which an area is designated as an American

5 Heritage Area and ending on the date of approval of the

6 management plan for the American Heritage Area, the

7 Secretary may provide technical and financial assistance

8 for any early action that the Secretary determines to be

9 important to the theme of the area and that protects any

10 resources that are in imminent danger of suffering irre11 versible damage if the early action is not taken.

12 SEC. 7. MANAGEMENT ENTITIES.

13 (a) IN GENERAL.—

14 (1) FUNDING.—Each management entity des15 ignated in a compact for an area designated as an

16 American Heritage Area may receive Federal fund17 ing to support a cooperative partnership to prepare

18 and implement the management plan and otherwise

19 carry out functions specified in this Act.

20 (2) ELIGIBILITY FOR DESIGNATION.—To be eli21 gible for designation as the management entity of an

22 American Heritage Area, a unit of government or

23 private nonprofit organization shall be required to

24 possess the legal authority and capability to—
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1 (A) receive Federal funds for use in pre2 paring and implementing a management plan

3 (as described in section 6(d)(3));

4 (B) disburse Federal funds to other units

5 of government or other organizations for use in

6 preparing and implementing the management

7 plan;

8 (C) account for all Federal funds received

9 or disbursed; and

10 (D) enter into agreements with the Federal

11 Government.

12 (b) AUTHORITIES OF THE MANAGEMENT ENTITY.—

13 The management entity may, for purposes of preparing

14 and implementing the management plan developed under

15 section 6(d)(3), use Federal funds made available pursu16 ant to this Act for the following purposes:

17 (1) To make loans and grants to States and po18 litical subdivisions thereof, private organizations, or

19 other persons.

20 (2) To enter into cooperative agreements with

21 the heads of Federal agencies.

22 (3) To hire and compensate staff.

23 (c) DUTIES OF THE MANAGEMENT ENTITY.—The

24 management entity shall carry out the following duties:
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1 (1) Not later than 5 years after the date of en2 actment of this Act, develop and submit to the Sec3 retary for approval a management plan.

4 (2) Give priority to implementing actions (as

5 set forth in the compact and the management plan),

6 including taking steps to—

7 (A) assist units of government, regional

8 planning organizations, and nonprofit organiza9 tions—

10 (i) in preserving the American Herit11 age Area;

12 (ii) in establishing and maintaining

13 interpretive exhibits in the American Her14 itage Area;

15 (iii) in developing recreational re16 sources in the American Heritage Area;

17 (iv) in increasing public awareness of

18 and appreciation for the natural, historical,

19 and architectural resources and sites in the

20 American Heritage Area; and

21 (v) in the restoration of any historic

22 building relating to the themes of the Her23 itage Area;

24 (B) encourage, by appropriate means and

25 in a manner consistent with the goals of the
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1 management plan, the economic viability in the

2 corridor that is included in the American Herit3 age Area;

4 (C) encourage local governments to adopt

5 land use policies that are consistent with the

6 management of the American Heritage Area

7 and the goals of the management plan; and

8 (D) assist units of government, regional

9 planning organizations, and nonprofit organiza10 tions to ensure that clear, consistent, and envi11 ronmentally appropriate signs identifying access

12 points and sites of interest are placed through13 out the American Heritage Area.

14 (3) In developing and implementing the man15 agement plan for the American Heritage Area, con16 sider the interests of diverse governmental, business,

17 and nonprofit groups within the American Heritage

18 Area.

19 (4) Conduct (not less frequently than quar20 terly), public meetings regarding the implementation

21 of the management plan.

22 (5) Submit any substantial changes to the man23 agement plan (including any increase of more than

24 20 percent in the cost estimates for implementation)

25 to the Secretary for approval by the Secretary.
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1 (6) For any fiscal year during which Federal

2 funds are made available to the management entity

3 pursuant to this Act, submit an annual report to the

4 Secretary that describes—

5 (A) the accomplishments, expenses and in6 come of the management entity; and

7 (B) the persons or entities to which the

8 management entity made a loan or grant dur9 ing the fiscal year that is the subject of the re10 port.

11 (7) For each fiscal year described in paragraph

12 (6), make available for audit by the Congress, the

13 Secretary, and appropriate units of government, all

14 records and other information pertaining to the ex15 penditure of the Federal funds and any matching

16 funds.

17 (8) Require, with respect to any person or en18 tity that receives Federal funding that is made avail19 able to the person or entity pursuant to an agree20 ment that the person or entity enters into with the

21 management entity, that pursuant to an agreement

22 authorizing the expenditure of Federal funds for a

23 grant or loan, that the person or entity make avail24 able for audit by the management entity all records

25 pertaining to the expenditure of such funds.
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1 (9) Assume liability for any loan made by the

2 management entity pursuant to subsection (b)(1).

3 (d) EFFECT OF FAILURE TO SUBMIT MANAGEMENT

4 PLAN.—If the management entity fails to submit a man5 agement plan to the Secretary by the date specified in sub6 section (c)(1), beginning on such date, no Federal funds

7 may be made available to the management entity for the

8 American Heritage Area or to any other unit of govern9 ment or nonprofit entity to carry out a project for the

10 American Heritage Area.

11 (e) PROHIBITION ON THE ACQUISITION OF REAL

12 PROPERTY.—The management entity may not use Fed13 eral funds made available under this Act to acquire real

14 property or an interest in real property. Nothing in this

15 Act may preclude the management entity from using Fed16 eral funds from other sources for the purposes for which

17 such funds are authorized to be expended.

18 (f) ELIGIBILITY FOR RECEIVING FINANCIAL ASSIST19 ANCE.—

20 (1) ELIGIBILITY.—Except as provided in para21 graph (2), the management entity shall be eligible to

22 receive funds made available by appropriation pursu23 ant to this Act during the 10-year period beginning

24 on the date on which the American Heritage Area
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1 under the jurisdiction of the management area is

2 designated as an American Heritage Area.

3 (2) EXCEPTION.—The Secretary may extend

4 the eligibility of the management entity to receive

5 funding under this Act for an additional period of

6 not to exceed 5 years if the following conditions are

7 met:

8 (A) The management entity—

9 (i) determines that such extension is

10 necessary to carry out the purposes of this

11 Act with respect to the American Heritage

12 Area; and

13 (ii) notifies the Secretary not later

14 than 180 days prior to the termination

15 date of the period specified in paragraph

16 (1).

17 (B) Not later than 180 days prior to the

18 termination date referred to in subparagraph

19 (A), the management entity presents to the

20 Secretary a plan of the activities of the manage21 ment entity for the period of the extension, in22 cluding provisions for ensuring that the man23 agement entity will become financially inde24 pendent (with respect to the Federal funds

25 made available under this Act).
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1 (C) The Secretary, in consultation with

2 each Governor of a State in which the American

3 Heritage Area under the jurisdiction of the

4 management entity is located, approves such ex5 tension of funding.

6 (3) STATUTORY INTERPRETATION.—No exten7 sion provided by the Secretary pursuant to this sub8 section may be construed as waiving any limitation

9 on funding provided in this Act.

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

11 (a) DUTIES AND AUTHORITIES OF THE SEC12 RETARY.—

13 (1) TECHNICAL AND FINANCIAL ASSISTANCE.—

14 (A) IN GENERAL.—The Secretary may,

15 after an area is designated as an American

16 Heritage Area, upon request of the manage17 ment entity for the American Heritage Area,

18 provide technical and financial assistance to the

19 management entity to develop and implement

20 the management plan for the American Herit21 age Area pursuant to this subsection.

22 (B) PRIORITIES.—In providing assistance

23 for the American Heritage Area, the Secretary

24 shall give priority to activities that, in general,

25 assist in—
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1 (i) conserving the significant natural,

2 historic, and cultural resources that sup3 port the themes of the American Heritage

4 Area; and

5 (ii) providing educational, interpretive,

6 and recreational opportunities consistent

7 with the resources and associated values of

8 the American Heritage Area.

9 (C) SPENDING FOR NON-FEDERALLY

10 OWNED PROPERTY.—The Secretary may expend

11 Federal funds directly on real property that is

12 not federally owned to further the purposes of

13 this Act, especially in providing assistance to

14 units of government for the appropriate treat15 ment of districts, sites, buildings, structures,

16 and objects listed or eligible for listing on the

17 National Register of Historic Places established

18 under section 101 of the National Historic

19 Preservation Act (16 U.S.C. 470a).

20 (D) DETERMINATIONS BY SECRETARY.—

21 (i) The Secretary shall determine—

22 (I) which American Heritage Areas

23 will be awarded technical and financial as24 sistance pursuant to this Act; and
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1 (II) the amount of such assistance;

2 and

3 (ii) The Secretary shall make the deter4 minations described in clause (i) on the basis of

5 the relative degree to which each American

6 Heritage Area effectively fulfills the objectives

7 of the management plan for the American Her8 itage Area. In making such determinations, the

9 Secretary shall give consideration to projects

10 that provide for a relatively greater amount of

11 leverage of Federal funds.

12 (E) RECIPIENTS OF ASSISTANCE.—In car13 rying out subparagraph (D), the Secretary may

14 provide technical and financial assistance to

15 units of government and nonprofit organiza16 tions that serve as management entities and

17 other units of government and nonprofit entities

18 that carry out projects pursuant to the manage19 ment plan.

20 (2) APPROVAL AND DISAPPROVAL OF COM21 PACTS, AND MANAGEMENT PLANS.—

22 (A) IN GENERAL.—The Secretary, in con23 sultation with the Governor of each State in

24 which an area that is the subject of a compact

25 or management plan, shall approve or dis-
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1 approve a compact developed pursuant to sec2 tion 6(d)(2) submitted to the Secretary pursu3 ant to this Act or management plan developed

4 pursuant to section 6(d)(3) submitted pursuant

5 to this Act not later than 90 days after receiv6 ing such compact or management plan.

7 (B) ACTION FOLLOWING DISAPPROVAL.—

8 (i) If the Secretary disapproves a compact or

9 management plan pursuant to subparagraph

10 (A), the Secretary shall—

11 (I) provide written notice of the dis12 approval to the person or entity that sub13 mitted the compact or management plan

14 that includes the reasons for the dis15 approval; and

16 (II) make recommendations for revi17 sions to the compact or management plan.

18 (ii) The Secretary shall approve or dis19 approve a revised compact or management plan

20 that is submitted to the Secretary not later

21 than 90 days after receiving the revised com22 pact or management plan.

23 (3) REVIEW OF REVISION.—(A) The Secretary

24 shall review any substantial revision made by a man25 agement entity to a management plan for an Amer-
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1 ican Heritage Area and shall approve or disapprove

2 the revised management plan in accordance with

3 paragraph (2)(B)(ii).

4 (B) The management entity may not expend

5 funds made available under this Act to carry out any

6 revision to the management plan that has not been

7 approved by the Secretary.

8 (C) The Secretary shall determine which Amer9 ican Heritage Areas shall be awarded technical and

10 financial assistance, and the amount of such assist11 ance. Such determinations shall be based on the rel12 ative degree to which each Area most effectively ful13 fills the objectives contained in the management plan

14 and shall give consideration to projects which pro15 vide a greater leverage of Federal funds.

16 (D) The Secretary may provide technical and fi17 nancial assistance to units of government and to

18 nonprofit organizations in carrying out the purposes

19 of this Act.

20 (4) APPROVAL AND DISAPPROVAL OF COM21 PACTS, AND MANAGEMENT PLANS.—

22 (A) The Secretary, in consultation with the

23 Governor of each State in which the proposed

24 or designated American Heritage Area is lo25 cated, shall approve or disapprove a compact or
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1 management plan submitted under this Act not

2 later than 90 days after receiving such compact

3 or management plan.

4 (B) If the Secretary disapproves a submit5 ted compact or management plan, the Secretary

6 shall advise the petitioner in writing of the rea7 sons therefor and shall make recommendations

8 for revisions in the compact or plan. The Sec9 retary shall approve or disapprove a proposed

10 revision within 90 days after the date on which

11 the proposed revision is submitted to the Sec12 retary.

13 (5) APPROVAL OF AMENDMENTS.—The Sec14 retary shall review substantial amendments to man15 agement plans of American Heritage Areas. Funds

16 appropriated pursuant to this Act may not be ex17 pended to implement the amendments until the Sec18 retary approves the amendments.

19 (6) ANNUAL REPORT.—Not later than 1 year

20 after the date of enactment of this Act and annually

21 thereafter, the Secretary shall submit to Congress a

22 report on the American Heritage Areas Partnership

23 Program. Such report shall include—

24 (A) the number, amounts, and recipients

25 of, any grants provided by the Secretary pursu-
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1 ant to this Act and the nature of any technical

2 assistance or early action provided by the Sec3 retary pursuant to this Act;

4 (B) a description of the areas nominated

5 for the American Heritage Areas Partnership

6 Program;

7 (C) recommendations of the Secretary for

8 areas to be designated by Congress as American

9 Heritage Areas; and

10 (D) the status of the implementation of

11 contractual agreements entered into by the Sec12 retary under the American Heritage Areas

13 Partnership Program.

14 (7) OVERSIGHT OF HERITAGE AREAS.—The

15 Secretary shall—

16 (A) investigate, study and continually mon17 itor the welfare of American Heritage Areas

18 with respect to which eligibility for Federal

19 funding has expired; and

20 (B) periodically report to Congress on the

21 then current condition of each American Herit22 age Area and any changes to the condition of

23 such American Heritage Area.

24 (8) PROVIDING INFORMATION.—The Secretary,

25 in cooperation with the heads of other Federal agen-
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1 cies, shall provide the general public with informa2 tion concerning the location and character of compo3 nents of the American Heritage Areas Partnership

4 Program.

5 (9) PROMULGATING REGULATIONS.—The Sec6 retary shall promulgate such regulations as are nec7 essary to carry out this Act.

8 (b) DUTIES OF OTHER FEDERAL AGENCIES AND RE9 CIPIENTS OF FEDERAL FUNDING.—Any Federal entity

10 that conducts or supports activities that directly affect a

11 designated American Heritage Area, and any unit of gov12 ernment that acts pursuant to a grant of Federal funds

13 or a Federal permit or agreement to conduct or support

14 such activities shall, to the maximum extent practicable—

15 (1) consult with the Secretary and the manage16 ment entity for the American Heritage Area with re17 spect to such activities;

18 (2) cooperate with the Secretary and the man19 agement entity in carrying out the duties of the Sec20 retary and the management entity under this Act

21 and coordinate such activities with carrying out such

22 duties; and

23 (3) conduct or support such activities in a man24 ner consistent with the applicable management plan,

25 unless the appropriate official of the Federal entity,
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1 after consultation with the Secretary and the appro2 priate official of the management entity, determines

3 there is no practicable alternative to conducting the

4 activity in a manner that is inconsistent with such

5 management plan.

6 SEC. 9. PRIVATE PROPERTY USE.

7 A land use plan for a designated American Heritage

8 Area may be adopted and implemented by a political sub9 division of a State or a management entity authorized by

10 applicable State law to exercise such authorities concern11 ing private property use, pursuant to the applicable com12 pact, and management plan developed under section 6,

13 and any other binding agreement relating to the American

14 Heritage Area that the partners supporting the American

15 Heritage Area enter into to achieve the purposes of the

16 designation of the area.

17 SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

18 (a) FEASIBILITY STUDIES, COMPACTS, MANAGE19 MENT PLANS, AND EARLY ACTIONS.—

20 (1) IN GENERAL.—Notwithstanding any other

21 provision of law and subject to the conditions in

22 paragraph (2), for each fiscal year there are author23 ized to be appropriated, from the Historic Preserva24 tion Fund established under section 108 of the Na25 tional Historic Preservation Act (16 U.S.C. 470h)
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1 for use by the Secretary making grants and provid2 ing technical assistance pursuant to section 6, and

3 carrying out related administrative activities,

4 $10,000,000, to remain available until expended.

5 (2) CONDITIONS.—(A) No grant referred to in

6 paragraph (1) for conducting a feasibility study, pre7 paring a compact or management plan, or carrying

8 out an early action may exceed 75 percent of the

9 cost to the grantee for activity covered under the

10 grant.

11 (B) The total amount of Federal funding for

12 conducting a feasibility study for an American Her13 itage Area may not exceed $100,000.

14 (C) The total amount of Federal funding for

15 the preparation of a compact for an American Herit16 age Area under section 6 may not exceed $150,000.

17 (D) The total amount of Federal funding for

18 the preparation of a management plan for an Amer19 ican Heritage Area may not exceed $150,000.

20 (b) MANAGEMENT ENTITY OPERATIONS.—

21 (1) IN GENERAL.—Notwithstanding any other

22 provision of law, there are authorized to be appro23 priated from the Historic Preservation Fund estab24 lished under section 108 of the National Historic

25 Preservation Act (16 U.S.C. 470h) for use by the
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1 Secretary, $250,000 for each fiscal year to fund the

2 operating costs of each management entity pursuant

3 to section 7.

4 (2) LIMITATION.—The Federal contribution to

5 the operation of the management entity shall not ex6 ceed 50 percent of the annual operating costs of the

7 management entity.

8 (c) IMPLEMENTATION.—

9 (1) IN GENERAL.—Notwithstanding any other

10 provision of law, for each fiscal year, there are au11 thorized to be appropriated from the Historic Pres12 ervation Fund established under section 108 of the

13 National Historic Preservation Act (16 U.S.C. 470h)

14 for use by the Secretary, $25,000,000 to make and

15 administer grants for the implementation of man16 agement plans pursuant to section 8, to remain

17 available until expended, subject to the conditions

18 described in paragraph (2).

19 (2) CONDITIONS.—The conditions described in

20 this paragraph are as follows:

21 (A) No grant for implementation may ex22 ceed 50 percent of the cost to the grantee of

23 implementation.

24 (B) For each fiscal year, not more than 10

25 percent of the amounts made available by ap-
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1 propriation shall be made available for imple2 mentation activities in any one American Herit3 age Area.

4 (C) Each grant payment shall be made

5 subject to an agreement that the conversion,

6 use, or disposal of the project that is the sub7 ject of the grant for purposes contrary to the

8 purposes of this Act, as determined by the Sec9 retary, shall result in a right of the United

10 States to reimbursement of all funds made

11 available to such project or the proportion of

12 the increased value of the project attributable

13 to such funds as determined at the time of such

14 conversion, use, or disposal, whichever is great15 er.

16 (d) LIMITATION ON AMOUNTS AVAILABLE FOR

17 TECHNICAL ASSISTANCE.—For any one American Herit18 age Area, an amount equal to not more than 10 percent

19 of the total amount made available to such area under this

20 section for a fiscal year may be made available for that

21 fiscal year for technical assistance with respect to that

22 area.

23 (e) COVERED ACTIVITIES.—Notwithstanding any

24 other provision of law, for the purposes of section 108 of

25 the National Historic Preservation Act (16 U.S.C. 470h),
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1 the activities specified in subsections (a) through (c) shall

2 be deemed to be activities covered under the National His3 toric Preservation Act (16 U.S.C. 470 et seq.).

4 SEC. 11. SUNSET PROVISION.

5 This Act shall be effective during the period begin6 ning on the date of enactment of this Act and ending on

7 September 30 of the twenty-fifth calendar year beginning

8 after the date of enactment of this Act.

9 SEC. 12. STATUTORY CONSTRUCTION.

10 Nothing in this Act shall be construed to expand or

11 diminish any authorities provided by laws designating in12 dividual national heritage areas or corridors established

13 prior to the date of enactment of this Act.

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