I 

113TH CONGRESS 

1ST SESSION H. R. 445 

To authorize a National Heritage Area Program, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 1, 2013 

Mr. DENT (for himself and Mr. TONKO) introduced the following bill; which 

was referred to the Committee on Natural Resources 

A BILL 

To authorize a National Heritage Area Program, and for 

other purposes. 

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘National Heritage Area Act of 2013’’. 

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings and purposes. 

Sec. 3. Definitions. 

Sec. 4. National Heritage Areas System. 

Sec. 5. Feasibility studies. 

Sec. 6. Management plan. 

Sec. 7. Designation. 

Sec. 8. Evaluation. 

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Sec. 9. Local coordinating entities. 

Sec. 10. Relationship to other Federal agencies. 

Sec. 11. Property owners and regulatory protections. 

Sec. 12. Funding. 

Sec. 13. Sunset. 

1 SEC. 2. FINDINGS AND PURPOSES. 

2 (a) FINDINGS.—The Congress finds the following: 

3 (1) Certain areas of the United States tell na4 tionally significant stories; they illustrate significant 

5 aspects of our heritage; possess exceptional natural, 

6 cultural, scenic, and historic resources; and rep7 resent the diversity of our national character. 

8 (2) In these areas, the interaction of natural 

9 processes, geography, history, cultural traditions, 

10 and economic and social forces form distinctive land11 scapes that should be recognized, conserved, en12 hanced, and interpreted to improve the quality of life 

13 in the regions and to provide opportunities for public 

14 appreciation, education, enjoyment, and economic 

15 sustainability. 

16 (3) Local initiatives based on community and 

17 regional visions, involving public/private partner18 ships, are critical to conserving, enhancing, and in19 terpreting natural, historic, scenic, and cultural re20 sources related to our American heritage. These ini21 tiatives should be encouraged and supported by the 

22 Federal Government with the concurrence of the rel23 evant Federal land management agencies and tribal 

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1 governments by providing financial and technical as2 sistance. 

3 (4) Partnerships among Federal, State, tribal, 

4 and local governments, nonprofit organizations, the 

5 private sector, and citizens provide the most viable 

6 framework to recognize, conserve, enhance, and in7 terpret the resources of places that have made im8 portant contributions to the national story. 

9 (5) Communities and regions need assistance to 

10 set resource stewardship and interpretive goals, and 

11 to implement strategies for resource conservation 

12 and renewed economic viability in these areas. 

13 (6) A unified national process as well as certain 

14 standards for designation of National Heritage 

15 Areas need to be established to provide a consistent 

16 framework. The process should include a system for 

17 approval of heritage area management plans. 

18 (7) National Heritage Areas located near or en19 compassing units of the National Park System pro20 vide an additional basis for public enjoyment of 

21 parks and park-related resources, and it is appro22 priate for these parks to participate in, assist with, 

23 and benefit from local heritage initiatives that con24 serve and interpret resources over a larger area be25 yond the park’s boundaries. 

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1 (8) It is in the national interest, and will ben2 efit future generations, to establish a system of Na3 tional Heritage Areas to encourage natural and cul4 tural resource conservation, interpretation, enhance5 ment, and economic sustainability, and for full pub6 lic understanding and appreciation of the many re7 sources, places, events, and peoples that have con8 tributed to the rich heritage of this Nation. 

9 (b) PURPOSES.—The purposes of this Act are to— 

10 (1) establish a system of regional and commu11 nity-based National Heritage Areas to conserve, en12 hance, and interpret natural, historic, scenic, and 

13 cultural resources that together tell nationally sig14 nificant stories representing our country’s heritage; 

15 (2) promote public understanding, appreciation 

16 and enjoyment of the many places, events, and peo17 ple that have contributed to our diverse national 

18 story; 

19 (3) promote innovative and partnership-driven 

20 management strategies that recognize regional val21 ues, to encourage locally tailored resource steward22 ship and interpretation, to develop economically via23 ble and innovative approaches to community con24 servation, and to provide for the effective leveraging 

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1 of Federal funds with State, local, tribal, and private 

2 funding sources; 

3 (4) provide unified national standards and proc4 esses for conducting feasibility studies, designating 

5 National Heritage Areas, and approving heritage 

6 area management plans; 

7 (5) provide appropriate linkages among units of 

8 the National Park System, and communities, govern9 ments, and organizations within National Heritage 

10 Areas to conserve, enhance, and interpret resources 

11 outside of park boundaries; and 

12 (6) authorize the Secretary of the Interior to 

13 provide financial and technical assistance to local co14 ordinating entities that act as a catalyst for diverse 

15 regions, communities, organizations, and citizens to 

16 undertake projects and programs for resource stew17 ardship and interpretation. 

18 SEC. 3. DEFINITIONS. 

19 In this Act: 

20 (1) FEASIBILITY STUDY.—The term ‘‘feasibility 

21 study’’ means a study conducted by the Secretary of 

22 the Interior, or conducted by one or more other in23 terested parties and reviewed by the Secretary, in 

24 accordance with the criteria and processes outlined 

25 in section 5, to determine whether an area meets the 

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1 criteria to be designated as a National Heritage 

2 Area by Congress. 

3 (2) LOCAL COORDINATING ENTITY.—The term 

4 ‘‘local coordinating entity’’ means the entity des5 ignated by Congress to undertake, in partnership 

6 with others, the management plan and to act as a 

7 catalyst for implementation projects and programs 

8 among diverse partners in a National Heritage Area. 

9 (3) MANAGEMENT PLAN.—The term ‘‘manage10 ment plan’’ means the plan prepared by the local co11 ordinating entity for a National Heritage Area that 

12 specifies actions, policies, strategies, performance 

13 goals, and recommendations taken to meet the goals 

14 of the heritage area as specified in this Act. 

15 (4) NATIONAL HERITAGE AREA.—The term 

16 ‘‘National Heritage Area’’ means a region des17 ignated by Congress that tells nationally significant 

18 stories representing our American heritage. 

19 (5) PROPOSED NATIONAL HERITAGE AREA.— 

20 The term ‘‘proposed National Heritage Area’’ is an 

21 area or corridor under study by the Secretary of the 

22 Interior or other parties for potential designation by 

23 Congress as a National Heritage Area. 

24 (6) SECRETARY.—The term ‘‘Secretary’’ means 

25 the Secretary of the Interior. 

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1 (7) SYSTEM.—The term ‘‘system’’ means the 

2 system of National Heritage Areas established under 

3 section 4. 

4 (8) TRIBAL GOVERNMENT.—The term ‘‘tribal 

5 government’’ means the governing body of an Indian 

6 tribe, band, nation, or other organized group or com7 munity of Indians that is recognized by the Sec8 retary as having a government-to-government rela9 tionship with the United States and is eligible for 

10 the special programs and services provided by the 

11 United States to Indians because of their status as 

12 Indians, as evidenced by inclusion of the tribe on the 

13 list of recognized tribes published by the Secretary 

14 under the Federally Recognized Indian Tribe List 

15 Act of 199 (25 U.S.C. 479a). 

16 (9) TRIBAL LANDS.—The term ‘‘tribal lands’’ 

17 means all lands within the exterior boundaries of 

18 any Indian reservation, all lands the title to which 

19 is held by the United States in trust for an Indian 

20 tribe or lands the title to which is held by an Indian 

21 tribe subject to a restriction by the United States 

22 against alienation, and all dependent Indian commu23 nities. 

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1 SEC. 4. NATIONAL HERITAGE AREAS SYSTEM. 

2 (a) IN GENERAL.—In order to recognize certain 

3 areas of the United States that tell nationally significant 

4 stories and to conserve, enhance, and interpret the areas’ 

5 natural, historic, scenic, and cultural resources that to6 gether illustrate significant aspects of our country’s herit7 age, there is established a National Heritage Areas Sys8 tem through which the Secretary may provide technical 

9 and financial assistance to local coordinating entities to 

10 support the establishment, development, and continuity of 

11 the National Heritage Areas. 

12 (b) SYSTEM.—The National Heritage Areas System 

13 shall be composed of the following: 

14 (1) National Heritage Areas designated before 

15 the date of the enactment of this Act. 

16 (2) National Heritage Areas designated under 

17 this Act. 

18 (c) RELATIONSHIP TO THE NATIONAL PARK SYS19 TEM.— 

20 (1) RELATIONSHIP TO NATIONAL PARK

21 UNITS.—The Secretary shall— 

22 (A) assure to the maximum extent prac23 ticable, participation and assistance by any unit 

24 of the National Park System located near or 

25 encompassed by any National Heritage Area in 

26 local initiatives for that National Heritage Area 

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1 that conserve and interpret resources consistent 

2 with an approved management plan for the Na3 tional Heritage Area; and 

4 (B) work with National Heritage Areas to 

5 promote public enjoyment of units of the Na6 tional Park System and park-related resources. 

7 (2) APPLICABILITY OF LAWS.—National Herit8 age Areas shall not be considered to be units of the 

9 National Park System nor shall the areas be subject 

10 to the authorities applicable to units of the National 

11 Park System. 

12 (d) DUTIES.—Under the system, the Secretary 

13 shall— 

14 (1) undertake studies as directed by Congress 

15 through legislation to assess the feasibility of desig16 nating proposed National Heritage Areas or review 

17 and comment on studies undertaken by other parties 

18 for this purpose as provided in section 5; 

19 (2) review and approve or disapprove the man20 agement plan for a National Heritage Area as pro21 vided in section 7; 

22 (3) submit to the Committee on Natural Re23 sources of the House of Representatives and the 

24 Committee on Energy and Natural Resources of the 

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1 ties conducted with respect to National Heritage 

2 Areas in accordance with this Act; and 

3 (4) conduct an evaluation of the accomplish4 ments and prepare a report with recommendations 

5 for the National Park Service’s future role with re6 spect to each designated National Heritage Area as 

7 outlined in section 8. 

8 (e) AUTHORITIES.—In carrying out this Act, the Sec9 retary may— 

10 (1) provide technical and financial assistance in 

11 accordance with the provisions of section 10, and the 

12 amounts authorized under section 12, on a reim13 bursable or nonreimbursable basis as determined by 

14 the Secretary in the development and implementa15 tion of management plans and for administrative 

16 functions for designated National Heritage Areas; 

17 (2) enter into cooperative agreements with 

18 other Federal agencies, State, tribal and local gov19 ernments, local coordinating entities, and other in20 terested parties to carry out the purposes of this 

21 Act; 

22 (3) provide information, promote under23 standing, and encourage research on National Herit24 age Areas in partnership with local coordinating en25 tities; and 

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1 (4) provide national oversight, analysis, coordi2 nation, technical and financial assistance, and sup3 port to ensure consistency and accountability of the 

4 system. 

5 SEC. 5. FEASIBILITY STUDIES. 

6 The Secretary, in undertaking a feasibility study, or 

7 reviewing a feasibility study conducted by others, shall 

8 apply the following criteria to determine the suitability 

9 and feasibility of designating a proposed National Herit10 age Area: 

11 (1) The proposed area is worthy of designation 

12 as a National Heritage Area because— 

13 (A) the area includes natural, historic, cul14 tural, or scenic resources that are associated 

15 with nationally significant themes and events 

16 and these resources— 

17 (i) combine to form a distinct and co18 hesive landscape; and 

19 (ii) retain enough integrity to support 

20 the themes and events associated with the 

21 area’s national importance; and 

22 (B) the area provides opportunities to con23 serve natural, historic, cultural, or scenic re24 source through local and regional partnerships. 

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1 (2) A conceptual boundary for the proposed 

2 area is developed based upon community input and 

3 the resources and themes that support the area’s na4 tional importance. 

5 (3) Residents, business interests, nonprofit or6 ganizations, and governments, including Federal 

7 land management agencies and tribal governments 

8 within the proposed area, have been involved in the 

9 feasibility study process and have demonstrated sig10 nificant support through letters and other means for 

11 National Heritage Area designation. 

12 (4) A local coordinating entity has been selected 

13 to operate the proposed heritage area’s activities and 

14 the organization is supported by residents, business 

15 interests, nonprofit organizations, and governments 

16 within the proposed area. 

17 (5) The recommendations put forth in the feasi18 bility study are consistent with continued economic 

19 activity within the area. 

20 SEC. 6. MANAGEMENT PLAN. 

21 The plan for any National Heritage Area shall— 

22 (1) use a comprehensive planning approach that 

23 includes— 

24 (A) opportunities for stakeholders (i.e., 

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1 ments, tribes, businesses, nonprofits, and oth2 ers) to be involved in the planning process; 

3 (B) opportunities for stakeholders to re4 view and comment on the draft plan; and 

5 (C) documentation of the planning and 

6 public participation processes used to develop 

7 the plan, including how it was prepared, who 

8 was involved in the process, and how and when 

9 the stakeholders were involved; 

10 (2) include an inventory of the natural, historic, 

11 cultural, or scenic resources of the National Herit12 age Area related to the nationally significant themes 

13 and events of the region that should be protected, 

14 enhanced, interpreted, managed, or developed; 

15 (3) identify comprehensive goals, strategies, 

16 policies, and recommendations for telling the story 

17 of the region’s heritage and encouraging long-term 

18 resource protection, enhancement, interpretation, 

19 and development; 

20 (4) include recommendations for ways in which 

21 local, State, tribal, and Federal entities may best be 

22 coordinated, including the role of the National Park 

23 Service and other Federal agencies associated with 

24 the National Heritage Area, to further the purposes 

25 of this Act; 

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1 (5) outline a strategy for the local coordinating 

2 entity to achieve financial sustainability; 

3 (6) include an implementation program that 

4 identifies— 

5 (A) prioritized actions and criteria for se6 lecting future projects; 

7 (B) the ways in which stakeholders will be 

8 involved in their implementation; 

9 (C) existing and potential sources of fund10 ing; 

11 (D) performance goals; and 

12 (E) the manner in which the plan will be 

13 evaluated and updated; and 

14 (7) include a business plan for the local coordi15 nating entity that, at minimum, addresses manage16 ment and operation, products or services offered, the 

17 target market for products and services, and revenue 

18 streams. 

19 SEC. 7. DESIGNATION. 

20 (a) IN GENERAL.—The designation of a National 

21 Heritage Area shall be— 

22 (1) by Act of Congress; and 

23 (2) contingent on the prior completion of a 

24 management plan and an affirmative determination 

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1 by the Secretary that the area meets the criteria 

2 provided in section 5. 

3 (b) COMPONENT OF THE SYSTEM.—Any National 

4 Heritage Area designated under subsection (a) shall be a 

5 component of the National Heritage Areas System estab6 lished in section 4. 

7 SEC. 8. EVALUATION. 

8 (a) IN GENERAL.—Not later than every 10 years 

9 after the date on which of the National Heritage Area oc10 curs, the Secretary shall conduct an evaluation of the ac11 complishments of the National Heritage Area and prepare 

12 a report with recommendations for the National Park 

13 Service’s continued role with respect to the National Her14 itage Area. 

15 (b) EVALUATION COMPONENTS.—An evaluation pre16 pared under subsection (a) shall— 

17 (1) assess the progress of the local coordinating 

18 entity with respect to— 

19 (A) accomplishing the purposes of the au20 thorizing legislation for the National Heritage 

21 Area; and 

22 (B) achieving the goals and objectives of 

23 the approved management plan for the National 

24 Heritage Area; 

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1 (2) analyze the Federal, State, local, and pri2 vate investments in the National Heritage Area to 

3 determine the leverage and impact of the invest4 ments; and 

5 (3) review the management structure, partner6 ship relationships, and funding of the National Her7 itage Area for purposes of identifying the critical 

8 components for sustainability of the National Herit9 age Area. 

10 (c) RECOMMENDATIONS.—Based upon the evaluation 

11 under subsection (a), the Secretary shall prepare a report 

12 with recommendations for the National Park Service’s 

13 continued role with respect to the National Heritage Area. 

14 If the report recommends that Federal funding for the 

15 National Heritage Area be— 

16 (1) continued, the report shall include an anal17 ysis of— 

18 (A) ways in which Federal funding for the 

19 National Heritage Area may be reduced or 

20 eliminated over time; and 

21 (B) the appropriate time period necessary 

22 to achieve the recommended reduction or elimi23 nation; and 

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1 tion, interpretation, and sustainability of the part2 nership. 

3 (d) SUBMISSION TO CONGRESS.—On completion of a 

4 report under subsection (c), the Secretary shall submit the 

5 report to— 

6 (1) the Committee on Energy and Natural Re7 sources of the Senate; and 

8 (2) the Committee on Natural Resources of the 

9 House of Representatives. 

10 SEC. 9. LOCAL COORDINATING ENTITIES. 

11 (a) DUTIES.—To further the purposes of the Na12 tional Heritage Area, the local coordinating entity shall— 

13 (1) prepare and submit a management plan for 

14 the National Heritage Area to the Secretary in ac15 cordance with section 7; 

16 (2) submit an annual report to the Secretary 

17 for any fiscal year in which it receives Federal funds 

18 under this Act, setting forth its specific performance 

19 goals and accomplishments, expenses and income, 

20 amounts and sources of matching funds as appro21 priate, the amounts leveraged with Federal funds 

22 and sources of such leveraging, and grants made to 

23 any other entities during the year for which the re24 port is made; 

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1 (3) make available for audit for any fiscal year 

2 in which it receives Federal funds under this Act, all 

3 information pertaining to the expenditure of such 

4 funds and any matching funds; and 

5 (4) encourage by appropriate means economic 

6 viability and sustainability that is consistent with 

7 the purposes of the National Heritage Area. 

8 (b) AUTHORITIES.—The local coordinating entity 

9 may, subject to the prior approval of the Secretary, for 

10 the purposes of preparing and implementing the approved 

11 management plan for the National Heritage Area, use 

12 Federal funds made available through this Act to— 

13 (1) make grants to political jurisdictions, non14 profit organizations, and other parties within the 

15 National Heritage Area; 

16 (2) enter into cooperative agreements with or 

17 provide technical assistance to political jurisdictions, 

18 nonprofit organizations, Federal agencies, and other 

19 interested parties; 

20 (3) hire and compensate staff which may in21 clude individuals with expertise in natural, cultural, 

22 and historic resources conservation; economic and 

23 community development; and heritage planning; 

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1 (4) obtain money or services from any source 

2 including any that are provided under other Federal 

3 laws or programs; 

4 (5) contract for goods or services; and 

5 (6) support activities of partners and any other 

6 activities that further the purposes of the National 

7 Heritage Area and are consistent with the approved 

8 management plan. 

9 (c) PROHIBITIONS ON THE ACQUISITION OF REAL

10 PROPERTY.—The local coordinating entity may not use 

11 Federal funds received under this Act to acquire any inter12 est in real property. 

13 SEC. 10. RELATIONSHIP TO OTHER FEDERAL AGENCIES. 

14 (a) PROVISION OF ASSISTANCE.—This Act shall not 

15 affect the authority of any Federal official to provide tech16 nical or financial assistance under any other law. 

17 (b) COORDINATION.—The head of any Federal agen18 cy planning to conduct activities that may have an impact 

19 on a designated National Heritage Area shall consult and 

20 coordinate these activities with the Secretary and the local 

21 coordinating entity. 

22 (c) OTHER LAWS AND REGULATIONS.—This Act 

23 shall not modify any law or regulation authorizing Federal 

24 officials to manage Federal land under their control or 

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1 ment approved land use plans within the boundaries of 

2 a National Heritage Area, nor shall this Act be construed 

3 to modify, alter, or amend any authorized uses of these 

4 Federal lands. 

5 SEC. 11. PROPERTY OWNERS AND REGULATORY PROTEC6 TIONS. 

7 Nothing in this Act shall be construed to— 

8 (1) abridge the rights of any property owner, 

9 whether public or private, including the right to re10 frain from participating in any plan, project, pro11 gram, or activity conducted within the National Her12 itage Area; 

13 (2) require any property owner to permit public 

14 access (including Federal, State, tribal, or local gov15 ernment access) to such property or to modify any 

16 provisions of Federal, State, tribal, or local law with 

17 regard to public access or use of private lands; 

18 (3) alter any duly adopted land use regulation 

19 or any approved land use plan or any other regu20 latory authority of any Federal, State, or local agen21 cy or tribal government, or to convey any land use 

22 or other regulatory authority to any local coordi23 nating entity; 

24 (4) authorize or imply the reservation or appro25 priation of water or water rights; 

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1 (5) diminish the authority of the State to man2 age fish and wildlife including the regulation of fish3 ing and hunting within the National Heritage Area; 

4 or 

5 (6) create any liability, or to have any effect on 

6 any liability under any other law, of any private 

7 property owner with respect to any persons injured 

8 on such private property. 

9 SEC. 12. FUNDING. 

10 (a) AUTHORIZATION OF APPROPRIATIONS.— 

11 (1) There are authorized to be appropriated to 

12 carry out the activities under section 9 not more 

13 than $700,000 for any fiscal year for each National 

14 Heritage Area to remain available until expended. 

15 (2) In addition to amounts authorized in para16 graph (1), there are authorized to be appropriated to 

17 the Secretary— 

18 (A) not more than $300,000 for any fiscal 

19 year, to conduct feasibility studies by the Na20 tional Park Service in accordance with the pro21 visions of section 5, with not more than 

22 $100,000 allocated in the fiscal year for any 

23 one feasibility study for a proposed National 

24 Heritage Area; and 

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1 (B) not more than $750,000 for any fiscal 

2 year, to conduct management plans by the Na3 tional Park Service in accordance with the pro4 visions of section 6, with not more than 

5 $250,000 allocated in the fiscal year for any 

6 one management plan for a proposed National 

7 Heritage Area. 

8 (3) Funding provided under paragraph (2) shall 

9 be in the form of grants approved by the National 

10 Park Service and provided to the local coordinating 

11 entity conducting the feasibility study or manage12 ment plan. 

13 (b) MATCHING FUNDS.—As a condition of providing 

14 financial assistance under this section to a local coordi15 nating entity, the Secretary shall require the entity to pro16 vide matching funds— 

17 (1) equal to the amount of the financial assist18 ance provided for designated National Heritage 

19 Areas for any Fiscal Year; 

20 (2) of 25 percent of the total grant amount re21 ceived for feasibility study; and 

22 (3) of 50 percent of the total grant amount re23 ceived for a management plan. The local coordi24 nating entity’s matching funds— 

25 (A) must be from non-Federal sources; and 

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

2 contributions of goods or services fairly valued. 

3 (c) ADMINISTRATIVE.—There are authorized to be 

4 appropriated to the Secretary such sums as may be nec5 essary for technical assistance, oversight, and administra6 tive purposes. 

7 SEC. 13. SUNSET. 

8 The system of National Heritage Areas within the 

9 National Park System established under this Act shall ex10 pire on the date that is 25 years after the date of the 

11 enactment of this Act. 

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