II 

Calendar No. 685 

108TH CONGRESS 

2D SESSION S. 2543 

[Report No. 108–329] 

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

United States, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 17, 2004 

Mr. THOMAS (for himself and Mr. BURNS) introduced the following bill; which 

was read twice and referred to the Committee on Energy and Natural 

Resources 

AUGUST 25, 2004 

Reported under authority of the order of the Senate of July 22, 2004, by Mr. 

DOMENICI, with an amendment 

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

A BILL 

To establish a program and criteria for National Heritage 

Areas in the United States, and for other purposes. 

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘National Heritage Partnership Act’’. 
2 

•S 2543 RS 

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

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

Sec. 3. National Heritage Areas program. 

Sec. 4. Suitability-feasibility studies. 

Sec. 5. Management plans. 

Sec. 6. Local coordinating entities. 

Sec. 7. Relationship to other Federal agencies. 

Sec. 8. Private property and regulatory protections. 

Sec. 9. Authorization of appropriations. 

3 SEC. 2. DEFINITIONS. 

4 In this Act: 

5 (1) LOCAL COORDINATING ENTITY.—The term 

6 ‘‘local coordinating entity’’ means the entity des7 ignated by Congress— 

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

9 the management plan for a National Heritage 

10 Area; and 

11 (B) to act as a catalyst for the implemen12 tation of projects and programs among diverse 

13 partners in the National Heritage Area. 

14 (2) MANAGEMENT PLAN.—The term ‘‘manage15 ment plan’’ means the plan prepared by the local co16 ordinating entity for a National Heritage Area des17 ignated by Congress that specifies actions, policies, 

18 strategies, performance goals, and recommendations 

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

20 accordance with section 5. 
3 

•S 2543 RS 

1 (3) NATIONAL HERITAGE AREA.—The term 

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

3 by Congress that is nationally significant to the her4 itage of the United States and meets the criteria es5 tablished under section 4(a). 

6 (4) NATIONAL SIGNIFICANCE.—The term ‘‘na7 tional significance’’ means possession of— 

8 (A) unique natural, historical, cultural, 

9 educational, scenic, or recreational resources of 

10 exceptional value or quality; and 

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

12 setting, or association in illustrating or inter13 preting the heritage of the United States. 

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

15 the National Heritage Areas program established 

16 under section 3(a). 

17 (6) PROPOSED NATIONAL HERITAGE AREA.— 

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

19 an area under study by the Secretary or other par20 ties for potential designation by Congress as a Na21 tional Heritage Area. 

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

23 the Secretary of the Interior. 

24 (8) SUITABILITY-FEASIBILITY STUDY.—The 

25 term ‘‘suitability-feasibility study’’ means a study 
4 

•S 2543 RS 

1 conducted by the Secretary, or conducted by 1 or 

2 more other interested parties and reviewed by the 

3 Secretary, in accordance with the criteria and proc4 esses established under section 4, to determine 

5 whether an area meets the criteria to be designated 

6 as a National Heritage Area by Congress. 

7 SEC. 3. NATIONAL HERITAGE AREAS PROGRAM. 

8 (a) IN GENERAL.—Subject to the availability of 

9 funds, the Secretary shall establish a National Heritage 

10 Areas program under which the Secretary shall provide 

11 technical and financial assistance to local coordinating en12 tities to support the establishment of National Heritage 

13 Areas. 

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

15 shall— 

16 (1)(A) conduct suitability-feasibility studies, as 

17 directed by Congress, to assess the suitability and 

18 feasibility of designating proposed National Heritage 

19 Areas; or 

20 (B) review and comment on suitability-feasi21 bility studies undertaken by other parties to make 

22 such assessment; 

23 (2) provide technical assistance, on a reimburs24 able or non-reimbursable basis (as determined by the 

25 Secretary), for the development and implementation 
5 

•S 2543 RS 

1 of management plans for designated National Herit2 age Areas; 

3 (3) enter into cooperative agreements with in4 terested parties to carry out this Act; 

5 (4) provide information, promote under6 standing, and encourage research on National Herit7 age Areas in partnership with local coordinating en8 tities; 

9 (5) provide national oversight, analysis, coordi10 nation, and technical assistance and support to en11 sure consistency and accountability under the pro12 gram; and 

13 (6) submit annually to the Committee on Re14 sources of the House of Representatives and the 

15 Committee on Energy and Natural Resources of the 

16 Senate a report describing the allocation and ex17 penditure of funds for activities conducted with re18 spect to National Heritage Areas under this Act. 

19 SEC. 4. SUITABILITY-FEASIBILITY STUDIES. 

20 (a) CRITERIA.—In conducting or reviewing a suit21 ability-feasibility study, the Secretary shall apply the fol22 lowing criteria to determine the suitability and feasibility 

23 of designating a proposed National Heritage Area: 

24 (1) An area— 
6 

•S 2543 RS 

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

2 cultural, educational, scenic, or recreational re3 sources that together are nationally significant 

4 to the heritage of the United States; 

5 (B) represents distinctive aspects of the 

6 heritage of the United States worthy of recogni7 tion, conservation, interpretation, and con8 tinuing use; 

9 (C) is best managed as such an assemblage 

10 through partnerships among public and private 

11 entities at the local or regional level; 

12 (D) reflects traditions, customs, beliefs, 

13 and folklife that are a valuable part of the her14 itage of the United States; 

15 (E) provides outstanding opportunities to 

16 conserve natural, historical, cultural, or scenic 

17 features; 

18 (F) provides outstanding recreational or 

19 educational opportunities; and 

20 (G) has resources and traditional uses that 

21 have national significance. 

22 (2) Residents, business interests, nonprofit or23 ganizations, and governments (including relevant 

24 Federal land management agencies) within the pro25 posed area are involved in the planning and have 
7 

•S 2543 RS 

1 demonstrated significant support through letters and 

2 other means for National Heritage Area designation 

3 and management. 

4 (3) The local coordinating entity responsible for 

5 preparing and implementing the management plan is 

6 identified. 

7 (4) The proposed local coordinating entity and 

8 units of government supporting the designation are 

9 willing and have documented a significant commit10 ment to work in partnership to protect, enhance, in11 terpret, fund, manage, and develop resources within 

12 the National Heritage Area. 

13 (5) The proposed local coordinating entity has 

14 developed a conceptual financial plan that outlines 

15 the roles of all participants (including the Federal 

16 Government) in the management of the National 

17 Heritage Area. 

18 (6) The proposal is consistent with continued 

19 economic activity within the area. 

20 (7) A conceptual boundary map has been devel21 oped and is supported by the public and partici22 pating Federal agencies. 

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

24 suitability-feasibility study, the Secretary shall consult 

25 with the managers of any Federal land within the pro-
8 

•S 2543 RS 

1 posed National Heritage Area and secure the concurrence 

2 of the managers with the findings of the suitability-feasi3 bility study before making a determination for designa4 tion. 

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

6 suitability-feasibility study for a National Heritage Area, 

7 the Secretary shall— 

8 (1) review, comment, and make findings (in ac9 cordance with the criteria specified in subsection (a)) 

10 on the feasibility of designating the National Herit11 age Area; 

12 (2) consult with the Governor of each State in 

13 which the proposed National Heritage Area is lo14 cated; and 

15 (3) transmit to the Committee on Resources of 

16 the House of Representatives and the Committee on 

17 Energy and Natural Resources of the Senate, the 

18 suitability-feasibility study, including— 

19 (A) any comments received from the Gov20 ernor of each State in which the proposed Na21 tional Heritage Area is located; and 

22 (B) a finding as to whether the proposed 

23 National Heritage Area meets the criteria for 

24 designation. 

25 (d) DISAPPROVAL.— 
9 

•S 2543 RS 

1 (1) IN GENERAL.—If the Secretary determines 

2 that any proposed National Heritage Area does not 

3 meet the criteria for designation, the Secretary shall 

4 include within the suitability-feasibility study sub5 mitted under subsection (c)(3) a description of the 

6 reasons for the determination. 

7 (2) OTHER FACTORS.—A finding by the Sec8 retary that a proposed National Heritage Area 

9 meets the criteria for designation shall not preclude 

10 the Secretary from recommending against designa11 tion of the proposed National Heritage Area based 

12 on the budgetary impact of the designation or any 

13 other factor unrelated to the criteria. 

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

15 Heritage Area shall be— 

16 (1) by Act of Congress; and 

17 (2) contingent on the prior completion of a suit18 ability-feasibility study and an affirmative deter19 mination by the Secretary that the area meets the 

20 criteria established under subsection (a). 

21 SEC. 5. MANAGEMENT PLANS. 

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

23 National Heritage Area shall— 

24 (1) describe comprehensive policies, goals, strat25 egies, and recommendations for telling the story of 
10 

•S 2543 RS 

1 the heritage of the area covered by the National 

2 Heritage Area and encouraging long-term resource 

3 protection, enhancement, interpretation, funding, 

4 management, and development of the National Her5 itage Area; 

6 (2) include a description of actions and commit7 ments that governments, private organizations, and 

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

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

10 educational, scenic, and recreational resources of the 

11 National Heritage Area; 

12 (3) specify existing and potential sources of 

13 funding or economic development strategies to pro14 tect, enhance, interpret, fund, manage, and develop 

15 the National Heritage Area; 

16 (4) include an inventory of the natural, histor17 ical, cultural, educational, scenic, and recreational 

18 resources of the National Heritage Area related to 

19 the national significance and themes of the National 

20 Heritage Area that should be protected, enhanced, 

21 interpreted, managed, funded, and developed; 

22 (5) recommend policies and strategies for re23 source management, including the development of 

24 intergovernmental and interagency agreements to 

25 protect, enhance, interpret, fund, manage, and de-
11 

•S 2543 RS 

1 velop the natural, historical, cultural, educational, 

2 scenic, and recreational resources of the National 

3 Heritage Area; 

4 (6) describe a program for implementation for 

5 the management plan, including— 

6 (A) performance goals; 

7 (B) plans for resource protection, enhance8 ment, interpretation, funding, management, and 

9 development; and 

10 (C) specific commitments for implementa11 tion that have been made by the local coordi12 nating entity or any government agency, organi13 zation, business, or individual; 

14 (7) include an analysis of, and recommenda15 tions for, means by which Federal, State, and local 

16 programs may best be coordinated (including the 

17 role of the National Park Service and other Federal 

18 agencies associated with the National Heritage 

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

20 (8) include a business plan that— 

21 (A) describes the role, operation, financing, 

22 and functions of the local coordinating entity 

23 and of each of the major activities contained in 

24 the management plan; and 
12 

•S 2543 RS 

1 (B) provides adequate assurances that the 

2 local coordinating entity has the partnerships 

3 and financial and other resources necessary to 

4 implement the management plan for the Na5 tional Heritage Area. 

6 (b) DEADLINE.— 

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

8 the date on which funds are first made available to 

9 develop the management plan after designation as a 

10 National Heritage Area, the local coordinating entity 

11 shall submit the management plan to the Secretary 

12 for approval. 

13 (2) TERMINATION OF FUNDING.—If the man14 agement plan is not submitted to the Secretary in 

15 accordance with paragraph (1), the local coordi16 nating entity shall not qualify for any additional fi17 nancial assistance under this Act until such time as 

18 the management plan is submitted to and approved 

19 by the Secretary. 

20 (c) APPROVAL OF MANAGEMENT PLAN.— 

21 (1) REVIEW.—Not later than 180 days after re22 ceiving the plan, the Secretary shall review and ap23 prove or disapprove the management plan for a Na24 tional Heritage Area on the basis of the criteria es25 tablished under paragraph (3). 
13 

•S 2543 RS 

1 (2) CONSULTATION.—The Secretary shall con2 sult with the Governor of each State in which the 

3 National Heritage Area is located before approving 

4 a management plan for the National Heritage Area. 

5 (3) CRITERIA FOR APPROVAL.—In determining 

6 whether to approve a management plan for a Na7 tional Heritage Area, the Secretary shall consider 

8 whether— 

9 (A) the local coordinating entity represents 

10 the diverse interests of the National Heritage 

11 Area, including governments, natural and his12 toric resource protection organizations, edu13 cational institutions, businesses, recreational or14 ganizations, community residents, and private 

15 property owners; 

16 (B) the local coordinating entity— 

17 (i) has afforded adequate opportunity 

18 for public and governmental involvement 

19 (including through workshops and hear20 ings) in the preparation of the manage21 ment plan; and 

22 (ii) provides for at least semiannual 

23 public meetings to ensure adequate imple24 mentation of the management plan; 
14 

•S 2543 RS 

1 (C) the resource protection, enhancement, 

2 interpretation, funding, management, and de3 velopment strategies described in the manage4 ment plan, if implemented, would adequately 

5 protect, enhance, interpret, fund, manage, and 

6 develop the natural, historic, cultural, edu7 cational, scenic, and recreational resources of 

8 the National Heritage Area; 

9 (D) the management plan would not ad10 versely affect any activities authorized on Fed11 eral land under public land laws or land use 

12 plans; 

13 (E) the local coordinating entity has dem14 onstrated the financial capability, in partner15 ship with others, to carry out the plan; 

16 (F) the Secretary has received adequate 

17 assurances from the appropriate State and local 

18 officials whose support is needed to ensure the 

19 effective implementation of the State and local 

20 elements of the management plan; and 

21 (G) the management plan demonstrates 

22 partnerships among the local coordinating enti23 ty, Federal, State, and local governments, re24 gional planning organizations, nonprofit organi-
15 

•S 2543 RS 

1 zations, or private sector parties for implemen2 tation of the management plan. 

3 (4) DISAPPROVAL.— 

4 (A) IN GENERAL.—If the Secretary dis5 approves the management plan, the Secretary— 

6 (i) shall advise the local coordinating 

7 entity in writing of the reasons for the dis8 approval; and 

9 (ii) may make recommendations to the 

10 local coordinating entity for revisions to 

11 the management plan. 

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

13 after receiving a revised management plan, the 

14 Secretary shall approve or disapprove the re15 vised management plan. 

16 (5) AMENDMENTS.— 

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

18 management plan that substantially alters the 

19 purposes of the National Heritage Area shall be 

20 reviewed by the Secretary and approved or dis21 approved in the same manner as the original 

22 management plan. 

23 (B) IMPLEMENTATION.—The local coordi24 nating entity shall not use Federal funds au25 thorized by this Act to implement an amend-
16 

•S 2543 RS 

1 ment to the management plan until the Sec2 retary approves the amendment. 

3 SEC. 6. LOCAL COORDINATING ENTITIES. 

4 (a) DUTIES.—To further the purposes of the Na5 tional Heritage Area, the local coordinating entity shall— 

6 (1) prepare a management plan for the Na7 tional Heritage Area, and submit the management 

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

9 (2) submit an annual report to the Secretary 

10 for each fiscal year for which the local coordinating 

11 committee receives Federal funds under this Act, 

12 specifying— 

13 (A) the specific performance goals and ac14 complishments of the local coordinating com15 mittee; 

16 (B) the expenses and income of the local 

17 coordinating committee; 

18 (C) the amounts and sources of matching 

19 funds; 

20 (D) the amounts leveraged with Federal 

21 funds and sources of the leveraging; and 

22 (E) grants made to any other entities dur23 ing the fiscal year; 

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

25 for which the local coordinating entity receives Fed-
17 

•S 2543 RS 

1 eral funds under this Act, all information pertaining 

2 to the expenditure of the funds and any matching 

3 funds; and 

4 (4) encourage economic viability and sustain5 ability that is consistent with the purposes of the 

6 National Heritage Area. 

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

8 and implementing the approved management plan for the 

9 National Heritage Area, the local coordinating entity may 

10 use Federal funds made available under this Act to— 

11 (1) make grants to political jurisdictions, non12 profit organizations, and other parties within the 

13 National Heritage Area; 

14 (2) enter into cooperative agreements with or 

15 provide technical assistance to political jurisdictions, 

16 nonprofit organizations, Federal agencies, and other 

17 interested parties; 

18 (3) hire and compensate staff, including individ19 uals with expertise in— 

20 (A) natural, historical, cultural, edu21 cational, scenic, and recreational resource con22 servation; 

23 (B) economic and community development; 

24 and 

25 (C) heritage planning; 
18 

•S 2543 RS 

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

2 including other Federal laws or programs; 

3 (5) contract for goods or services; and 

4 (6) support activities of partners and any other 

5 activities that further the purposes of the National 

6 Heritage Area and are consistent with the approved 

7 management plan. 

8 (c) PROHIBITION ON ACQUISITION OF REAL PROP9 ERTY.—The local coordinating entity may not use Federal 

10 funds authorized under this Act to acquire any interest 

11 in real property. 

12 SEC. 7. RELATIONSHIP TO OTHER FEDERAL AGENCIES. 

13 (a) IN GENERAL.—Nothing in this Act affects the au14 thority of a Federal agency to provide technical or finan15 cial assistance under any other law. 

16 (b) CONSULTATION AND COORDINATION.—The head 

17 of any Federal agency planning to conduct activities that 

18 may have an impact on a National Heritage Area is en19 couraged to consult and coordinate the activities with the 

20 Secretary and the local coordinating entity to the max21 imum extent practicable. 

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

23 Act— 

24 (1) modifies, alters, or amends any law or regu25 lation authorizing a Federal agency to manage Fed-
19 

•S 2543 RS 

1 eral land under the jurisdiction of the Federal agen2 cy; 

3 (2) limits the discretion of a Federal land man4 ager to implement an approved land use plan within 

5 the boundaries of a National Heritage Area; or 

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

7 use of Federal land under the jurisdiction of a Fed8 eral agency. 

9 SEC. 8. PRIVATE PROPERTY AND REGULATORY PROTEC10 TIONS. 

11 Nothing in this Act— 

12 (1) abridges the rights of any property owner 

13 (whether public or private), including the right to re14 frain from participating in any plan, project, pro15 gram, or activity conducted within the National Her16 itage Area; 

17 (2) requires any property owner to permit pub18 lic access (including access by Federal, State, or 

19 local agencies) to the property of the property 

20 owner, or to modify public access or use of property 

21 of the property owner under any other Federal, 

22 State, or local law; 

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

24 approved land use plan, or other regulatory author25 ity of any Federal, State or local agency, or conveys 
20 

•S 2543 RS 

1 any land use or other regulatory authority to any 

2 local coordinating entity; 

3 (4) authorizes or implies the reservation or ap4 propriation of water or water rights; 

5 (5) diminishes the authority of the State to 

6 manage fish and wildlife, including the regulation of 

7 fishing and hunting within the National Heritage 

8 Area; or 

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

10 under any other law, of any private property owner 

11 with respect to any person injured on the private 

12 property. 

13 SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 

14 (a) SUITABILITY-FEASIBILITY STUDIES.—There is 

15 authorized to be appropriated to conduct and review suit16 ability-feasibility studies under section 4 $750,000 for 

17 each fiscal year, of which not more than $250,000 for any 

18 fiscal year may be used for any individual suitability-feasi19 bility study for a proposed National Heritage Area. 

20 (b) LOCAL COORDINATING ENTITIES.— 

21 (1) IN GENERAL.—There is authorized to be 

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

23 each fiscal year, of which not more than— 

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

25 any fiscal year for any individual National Her-
21 

•S 2543 RS 

1 itage Area, to remain available until expended; 

2 and 

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

4 available for all such fiscal years for any indi5 vidual National Heritage Area. 

6 (2) TERMINATION DATE.— 

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

8 Secretary to provide financial assistance to an 

9 individual local coordinating entity under this 

10 Act (excluding technical assistance and admin11 istrative oversight) shall terminate on the date 

12 that is 15 years after the date of the initial re13 ceipt of the assistance by the local coordinating 

14 committee. 

15 (B) DESIGNATION.—A National Heritage 

16 Area shall retain the designation as a National 

17 Heritage Area after the termination date pre18 scribed in subparagraph (A). 

19 (3) ADMINISTRATION.—Not more than 5 per20 cent of the amount of funds made available under 

21 paragraph (1) for a fiscal year may be used by the 

22 Secretary for technical assistance, oversight, and ad23 ministrative purposes. 

24 (c) MATCHING FUNDS.— 
22 

•S 2543 RS 

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

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

3 provide matching funds in an amount that is equal 

4 to the amount of the grant. 

5 (2) ADMINISTRATION.—The recipient matching 

6 funds— 

7 (A) shall be derived from non-Federal 

8 sources; and 

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

10 contributions of goods or services fairly valued. 

11 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

12 (a) SHORT TITLE.—This Act may be cited as the ‘‘Na13 tional Heritage Partnership Act’’. 

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

15 Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

Sec. 3. National Heritage Areas program. 

Sec. 4. Studies. 

Sec. 5. Management plans. 

Sec. 6. Local coordinating entities. 

Sec. 7. Relationship to other Federal agencies. 

Sec. 8. Private property and regulatory protections. 

Sec. 9. Authorization of appropriations. 

16 SEC. 2. DEFINITIONS. 

17 In this Act: 

18 (1) LOCAL COORDINATING ENTITY.—The term 

19 ‘‘local coordinating entity’’ means the entity des20 ignated by Congress— 
23 

•S 2543 RS 

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

2 the management plan for a National Heritage 

3 Area; and 

4 (B) to act as a catalyst for the implementa5 tion of projects and programs among diverse 

6 partners in the National Heritage Area. 

7 (2) MANAGEMENT PLAN.—The term ‘‘manage8 ment plan’’ means the plan prepared by the local co9 ordinating entity for a National Heritage Area des10 ignated by Congress that specifies actions, policies, 

11 strategies, performance goals, and recommendations 

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

13 accordance with section 5. 

14 (3) NATIONAL HERITAGE AREA.—The term ‘‘Na15 tional Heritage Area’’ means an area designated by 

16 Congress that is nationally significant to the heritage 

17 of the United States and meets the criteria established 

18 under section 4(a). 

19 (4) NATIONAL IMPORTANCE.—The term ‘‘na20 tional importance’’ means possession of— 

21 (A) unique natural, historical, cultural, 

22 educational, scenic, or recreational resources of 

23 exceptional value or quality; and 
24 

•S 2543 RS 

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

2 setting, or association in illustrating or inter3 preting the heritage of the United States. 

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

5 National Heritage Areas program established under 

6 section 3(a). 

7 (6) PROPOSED NATIONAL HERITAGE AREA.—The 

8 term ‘‘proposed National Heritage Area’’ means an 

9 area under study by the Secretary or other parties for 

10 potential designation by Congress as a National Her11 itage Area. 

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

13 the Secretary of the Interior. 

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

15 conducted by the Secretary, or conducted by 1 or more 

16 other interested parties and reviewed by the Sec17 retary, in accordance with the criteria and processes 

18 established under section 4, to determine whether an 

19 area meets the criteria to be designated as a National 

20 Heritage Area by Congress. 

21 SEC. 3. NATIONAL HERITAGE AREAS PROGRAM. 

22 (a) IN GENERAL.—The Secretary shall establish a Na23 tional Heritage Areas program under which the Secretary 

24 shall provide technical and financial assistance to local co-
25 

•S 2543 RS 

1 ordinating entities to support the establishment of National 

2 Heritage Areas. 

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

4 shall— 

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

6 to assess the suitability and feasibility of designating 

7 proposed National Heritage Areas; or 

8 (B) review and comment on studies undertaken 

9 by other parties to make such assessment; 

10 (2) provide technical assistance, on a reimburs11 able or non-reimbursable basis (as determined by the 

12 Secretary), for the development and implementation 

13 of management plans for designated National Herit14 age Areas; 

15 (3) enter into cooperative agreements with inter16 ested parties to carry out this Act; 

17 (4) provide information, promote understanding, 

18 and encourage research on National Heritage Areas 

19 in partnership with local coordinating entities; 

20 (5) provide national oversight, analysis, coordi21 nation, and technical assistance and support to en22 sure consistency and accountability under the pro23 gram; and 

24 (6) submit annually to the Committee on Re25 sources of the House of Representatives and the Com-
26 

•S 2543 RS 

1 mittee on Energy and Natural Resources of the Sen2 ate a report describing the allocation and expenditure 

3 of funds for activities conducted with respect to Na4 tional Heritage Areas under this Act. 

5 SEC. 4. STUDIES. 

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

7 the Secretary shall apply the following criteria to determine 

8 the suitability and feasibility of designating a proposed Na9 tional Heritage Area: 

10 (1) An area— 

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

12 cultural, educational, scenic, or recreational re13 sources that together are nationally important to 

14 the heritage of the United States; 

15 (B) represents distinctive aspects of the her16 itage of the United States worthy of recognition, 

17 conservation, interpretation, and continuing use; 

18 (C) is best managed as such an assemblage 

19 through partnerships among public and private 

20 entities at the local or regional level; 

21 (D) reflects traditions, customs, beliefs, and 

22 folklife that are a valuable part of the heritage 

23 of the United States; 
27 

•S 2543 RS 

1 (E) provides outstanding opportunities to 

2 conserve natural, historical, cultural, or scenic 

3 features; 

4 (F) provides outstanding recreational or 

5 educational opportunities; and 

6 (G) has resources and traditional uses that 

7 have national importance. 

8 (2) Residents, business interests, nonprofit orga9 nizations, and governments (including relevant Fed10 eral land management agencies) within the proposed 

11 area are involved in the planning and have dem12 onstrated significant support through letters and 

13 other means for National Heritage Area designation 

14 and management. 

15 (3) The local coordinating entity responsible for 

16 preparing and implementing the management plan is 

17 identified. 

18 (4) The proposed local coordinating entity and 

19 units of government supporting the designation are 

20 willing and have documented a significant commit21 ment to work in partnership to protect, enhance, in22 terpret, fund, manage, and develop resources within 

23 the National Heritage Area. 

24 (5) The proposed local coordinating entity has 

25 developed a conceptual financial plan that outlines 
28 

•S 2543 RS 

1 the roles of all participants (including the Federal 

2 Government) in the management of the National Her3 itage Area. 

4 (6) The proposal is consistent with continued 

5 economic activity within the area. 

6 (7) A conceptual boundary map has been devel7 oped and is supported by the public and partici8 pating Federal agencies. 

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

10 study, the Secretary shall consult with the managers of any 

11 Federal land within the proposed National Heritage Area 

12 and secure the concurrence of the managers with the find13 ings of the study before making a determination for des14 ignation. 

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

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

17 (1) review, comment, and make findings (in ac18 cordance with the criteria specified in subsection (a)) 

19 on the feasibility of designating the National Heritage 

20 Area; 

21 (2) consult with the Governor of each State in 

22 which the proposed National Heritage Area is located; 

23 and 

24 (3) transmit to the Committee on Resources of 

25 the House of Representatives and the Committee on 
29 

•S 2543 RS 

1 Energy and Natural Resources of the Senate, the 

2 study, including— 

3 (A) any comments received from the Gov4 ernor of each State in which the proposed Na5 tional Heritage Area is located; and 

6 (B) a finding as to whether the proposed 

7 National Heritage Area meets the criteria for 

8 designation. 

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

10 any proposed National Heritage Area does not meet the cri11 teria for designation, the Secretary shall include within the 

12 study submitted under subsection (c)(3) a description of the 

13 reasons for the determination. 

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

15 Heritage Area shall be— 

16 (1) by Act of Congress; and 

17 (2) contingent on the prior completion of a study 

18 and an affirmative determination by the Secretary 

19 that the area meets the criteria established under sub20 section (a). 

21 SEC. 5. MANAGEMENT PLANS. 

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

23 National Heritage Area shall— 

24 (1) describe comprehensive policies, goals, strate25 gies, and recommendations for telling the story of the 
30 

•S 2543 RS 

1 heritage of the area covered by the National Heritage 

2 Area and encouraging long-term resource protection, 

3 enhancement, interpretation, funding, management, 

4 and development of the National Heritage Area; 

5 (2) include a description of actions and commit6 ments that governments, private organizations, and 

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

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

9 educational, scenic, and recreational resources of the 

10 National Heritage Area; 

11 (3) specify existing and potential sources of 

12 funding or economic development strategies to protect, 

13 enhance, interpret, fund, manage, and develop the Na14 tional Heritage Area; 

15 (4) include an inventory of the natural, histor16 ical, cultural, educational, scenic, and recreational re17 sources of the National Heritage Area related to the 

18 national importance and themes of the National Her19 itage Area that should be protected, enhanced, inter20 preted, managed, funded, and developed; 

21 (5) recommend policies and strategies for re22 source management, including the development of 

23 intergovernmental and interagency agreements to pro24 tect, enhance, interpret, fund, manage, and develop 

25 the natural, historical, cultural, educational, scenic, 
31 

•S 2543 RS 

1 and recreational resources of the National Heritage 

2 Area; 

3 (6) describe a program for implementation for 

4 the management plan, including— 

5 (A) performance goals; 

6 (B) plans for resource protection, enhance7 ment, interpretation, funding, management, and 

8 development; and 

9 (C) specific commitments for implementa10 tion that have been made by the local coordi11 nating entity or any government agency, organi12 zation, business, or individual; 

13 (7) include an analysis of, and recommendations 

14 for, means by which Federal, State, and local pro15 grams may best be coordinated (including the role of 

16 the National Park Service and other Federal agencies 

17 associated with the National Heritage Area) to fur18 ther the purposes of this Act; and 

19 (8) include a business plan that— 

20 (A) describes the role, operation, financing, 

21 and functions of the local coordinating entity 

22 and of each of the major activities contained in 

23 the management plan; and 

24 (B) provides adequate assurances that the 

25 local coordinating entity has the partnerships 
32 

•S 2543 RS 

1 and financial and other resources necessary to 

2 implement the management plan for the National 

3 Heritage Area. 

4 (b) DEADLINE.— 

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

6 the date on which funds are first made available to 

7 develop the management plan after designation as a 

8 National Heritage Area, the local coordinating entity 

9 shall submit the management plan to the Secretary 

10 for approval. 

11 (2) TERMINATION OF FUNDING.—If the manage12 ment plan is not submitted to the Secretary in ac13 cordance with paragraph (1), the local coordinating 

14 entity shall not qualify for any additional financial 

15 assistance under this Act until such time as the man16 agement plan is submitted to and approved by the 

17 Secretary. 

18 (c) APPROVAL OF MANAGEMENT PLAN.— 

19 (1) REVIEW.—Not later than 180 days after re20 ceiving the plan, the Secretary shall review and ap21 prove or disapprove the management plan for a Na22 tional Heritage Area on the basis of the criteria estab23 lished under paragraph (3). 

24 (2) CONSULTATION.—The Secretary shall consult 

25 with the Governor of each State in which the National 
33 

•S 2543 RS 

1 Heritage Area is located before approving a manage2 ment plan for the National Heritage Area. 

3 (3) CRITERIA FOR APPROVAL.—In determining 

4 whether to approve a management plan for a Na5 tional Heritage Area, the Secretary shall consider 

6 whether— 

7 (A) the local coordinating entity represents 

8 the diverse interests of the National Heritage 

9 Area, including governments, natural and his10 toric resource protection organizations, edu11 cational institutions, businesses, recreational or12 ganizations, community residents, and private 

13 property owners; 

14 (B) the local coordinating entity— 

15 (i) has afforded adequate opportunity 

16 for public and governmental involvement 

17 (including through workshops and hearings) 

18 in the preparation of the management plan; 

19 and 

20 (ii) provides for at least semiannual 

21 public meetings to ensure adequate imple22 mentation of the management plan; 

23 (C) the resource protection, enhancement, 

24 interpretation, funding, management, and devel25 opment strategies described in the management 
34 

•S 2543 RS 

1 plan, if implemented, would adequately protect, 

2 enhance, interpret, fund, manage, and develop 

3 the natural, historic, cultural, educational, sce4 nic, and recreational resources of the National 

5 Heritage Area; 

6 (D) the management plan would not ad7 versely affect any activities authorized on Fed8 eral land under public land laws or land use 

9 plans; 

10 (E) the local coordinating entity has dem11 onstrated the financial capability, in partner12 ship with others, to carry out the plan; 

13 (F) the Secretary has received adequate as14 surances from the appropriate State and local 

15 officials whose support is needed to ensure the ef16 fective implementation of the State and local ele17 ments of the management plan; and 

18 (G) the management plan demonstrates 

19 partnerships among the local coordinating enti20 ty, Federal, State, and local governments, re21 gional planning organizations, nonprofit organi22 zations, or private sector parties for implementa23 tion of the management plan. 

24 (4) DISAPPROVAL.— 
35 

•S 2543 RS 

1 (A) IN GENERAL.—If the Secretary dis2 approves the management plan, the Secretary— 

3 (i) shall advise the local coordinating 

4 entity in writing of the reasons for the dis5 approval; and 

6 (ii) may make recommendations to the 

7 local coordinating entity for revisions to the 

8 management plan. 

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

10 after receiving a revised management plan, the 

11 Secretary shall approve or disapprove the revised 

12 management plan. 

13 (5) AMENDMENTS.— 

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

15 management plan that substantially alters the 

16 purposes of the National Heritage Area shall be 

17 reviewed by the Secretary and approved or dis18 approved in the same manner as the original 

19 management plan. 

20 (B) IMPLEMENTATION.—The local coordi21 nating entity shall not use Federal funds author22 ized by this Act to implement an amendment to 

23 the management plan until the Secretary ap24 proves the amendment. 
36 

•S 2543 RS 

1 SEC. 6. LOCAL COORDINATING ENTITIES. 

2 (a) DUTIES.—To further the purposes of the National 

3 Heritage Area, the local coordinating entity shall— 

4 (1) prepare a management plan for the National 

5 Heritage Area, and submit the management plan to 

6 the Secretary, in accordance with section 5; 

7 (2) submit an annual report to the Secretary for 

8 each fiscal year for which the local coordinating com9 mittee receives Federal funds under this Act, speci10 fying— 

11 (A) the specific performance goals and ac12 complishments of the local coordinating com13 mittee; 

14 (B) the expenses and income of the local co15 ordinating committee; 

16 (C) the amounts and sources of matching 

17 funds; 

18 (D) the amounts leveraged with Federal 

19 funds and sources of the leveraging; and 

20 (E) grants made to any other entities dur21 ing the fiscal year; 

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

23 for which the local coordinating entity receives Fed24 eral funds under this Act, all information pertaining 

25 to the expenditure of the funds and any matching 

26 funds; and 
37 

•S 2543 RS 

1 (4) encourage economic viability and sustain2 ability that is consistent with the purposes of the Na3 tional Heritage Area. 

4 (b) AUTHORITIES.—For the purposes of preparing and 

5 implementing the approved management plan for the Na6 tional Heritage Area, the local coordinating entity may use 

7 Federal funds made available under this Act to— 

8 (1) make grants to political jurisdictions, non9 profit organizations, and other parties within the Na10 tional Heritage Area; 

11 (2) enter into cooperative agreements with or 

12 provide technical assistance to political jurisdictions, 

13 nonprofit organizations, Federal agencies, and other 

14 interested parties; 

15 (3) hire and compensate staff, including individ16 uals with expertise in— 

17 (A) natural, historical, cultural, edu18 cational, scenic, and recreational resource con19 servation; 

20 (B) economic and community development; 

21 and 

22 (C) heritage planning; 

23 (4) obtain funds or services from any source, in24 cluding other Federal laws or programs; 

25 (5) contract for goods or services; and 
38 

•S 2543 RS 

1 (6) support activities of partners and any other 

2 activities that further the purposes of the National 

3 Heritage Area and are consistent with the approved 

4 management plan. 

5 (c) PROHIBITION ON ACQUISITION OF REAL PROP6 ERTY.—The local coordinating entity may not use Federal 

7 funds authorized under this Act to acquire any interest in 

8 real property. 

9 SEC. 7. RELATIONSHIP TO OTHER FEDERAL AGENCIES. 

10 (a) IN GENERAL.—Nothing in this Act affects the au11 thority of a Federal agency to provide technical or financial 

12 assistance under any other law. 

13 (b) CONSULTATION AND COORDINATION.—The head of 

14 any Federal agency planning to conduct activities that may 

15 have an impact on a National Heritage Area is encouraged 

16 to consult and coordinate the activities with the Secretary 

17 and the local coordinating entity to the maximum extent 

18 practicable. 

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

20 Act— 

21 (1) modifies, alters, or amends any law or regu22 lation authorizing a Federal agency to manage Fed23 eral land under the jurisdiction of the Federal agency; 
39 

•S 2543 RS 

1 (2) limits the discretion of a Federal land man2 ager to implement an approved land use plan within 

3 the boundaries of a National Heritage Area; or 

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

5 use of Federal land under the jurisdiction of a Fed6 eral agency. 

7 SEC. 8. PRIVATE PROPERTY AND REGULATORY PROTEC8 TIONS. 

9 Nothing in this Act— 

10 (1) abridges the rights of any property owner 

11 (whether public or private), including the right to re12 frain from participating in any plan, project, pro13 gram, or activity conducted within the National Her14 itage Area; 

15 (2) requires any property owner to permit public 

16 access (including access by Federal, State, or local 

17 agencies) to the property of the property owner, or to 

18 modify public access or use of property of the prop19 erty owner under any other Federal, State, or local 

20 law; 

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

22 approved land use plan, or other regulatory authority 

23 of any Federal, State or local agency, or conveys any 

24 land use or other regulatory authority to any local co25 ordinating entity; 
40 

•S 2543 RS 

1 (4) authorizes or implies the reservation or ap2 propriation of water or water rights; 

3 (5) diminishes the authority of the State to man4 age fish and wildlife, including the regulation of fish5 ing and hunting within the National Heritage Area; 

6 or 

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

8 under any other law, of any private property owner 

9 with respect to any person injured on the private 

10 property. 

11 SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 

12 (a) STUDIES.—There is authorized to be appropriated 

13 to conduct and review studies under section 4 $750,000 for 

14 each fiscal year, of which not more than $250,000 for any 

15 fiscal year may be used for any individual study for a pro16 posed National Heritage Area. 

17 (b) LOCAL COORDINATING ENTITIES.— 

18 (1) IN GENERAL.—There is authorized to be ap19 propriated to carry out section 6 $15,000,000 for each 

20 fiscal year, of which not more than— 

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

22 any fiscal year for any individual National Her23 itage Area, to remain available until expended; 

24 and 
41 

•S 2543 RS 

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

2 available for all such fiscal years for any indi3 vidual National Heritage Area. 

4 (2) TERMINATION DATE.— 

5 (A) IN GENERAL.—The authority of the Sec6 retary to provide financial assistance to an indi7 vidual local coordinating entity under this Act 

8 (excluding technical assistance and administra9 tive oversight) shall terminate on the date that is 

10 15 years after the date of the initial receipt of 

11 the assistance by the local coordinating com12 mittee. 

13 (B) DESIGNATION.—A National Heritage 

14 Area shall retain the designation as a National 

15 Heritage Area after the termination date pre16 scribed in subparagraph (A). 

17 (3) ADMINISTRATION.—Not more than 5 percent 

18 of the amount of funds made available under para19 graph (1) for a fiscal year may be used by the Sec20 retary for technical assistance, oversight, and admin21 istrative purposes. 

22 (c) MATCHING FUNDS.— 

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

24 grant under this Act, the recipient of the grant shall 
42 

•S 2543 RS 

1 provide matching funds in an amount that is equal 

2 to the amount of the grant. 

3 (2) ADMINISTRATION.—The recipient matching 

4 funds— 

5 (A) shall be derived from non-Federal 

6 sources; and 

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

8 contributions of goods or services fairly valued. 

Calendar No. 685 

108TH CONGRESS 

2D SESSION S. 2543 

[Report No. 108–329] 

A BILL 

To establish a program and criteria for National 

other purposes. Heritage Areas in the United States, and for 

AUGUST 25, 2004 

Reported with an amendment