II 

108TH CONGRESS 

2D SESSION S. 2543 

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 

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’’. 

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. Definitions. 

Sec. 3. National Heritage Areas program. 

Sec. 4. Suitability-feasibility studies. 

Sec. 5. Management plans. 

Sec. 6. Local coordinating entities. 
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Sec. 7. Relationship to other Federal agencies. 

Sec. 8. Private property and regulatory protections. 

Sec. 9. Authorization of appropriations. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) LOCAL COORDINATING ENTITY.—The term 

4 ‘‘local coordinating entity’’ means the entity des5 ignated by Congress— 

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

7 the management plan for a National Heritage 

8 Area; and 

9 (B) to act as a catalyst for the implemen10 tation of projects and programs among diverse 

11 partners in the National Heritage Area. 

12 (2) MANAGEMENT PLAN.—The term ‘‘manage13 ment plan’’ means the plan prepared by the local co14 ordinating entity for a National Heritage Area des15 ignated by Congress that specifies actions, policies, 

16 strategies, performance goals, and recommendations 

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

18 accordance with section 5. 

19 (3) NATIONAL HERITAGE AREA.—The term 

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

21 by Congress that is nationally significant to the her22 itage of the United States and meets the criteria es23 tablished under section 4(a). 
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1 (4) NATIONAL SIGNIFICANCE.—The term ‘‘na2 tional significance’’ means possession of— 

3 (A) unique natural, historical, cultural, 

4 educational, scenic, or recreational resources of 

5 exceptional value or quality; and 

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

7 setting, or association in illustrating or inter8 preting the heritage of the United States. 

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

10 the National Heritage Areas program established 

11 under section 3(a). 

12 (6) PROPOSED NATIONAL HERITAGE AREA.— 

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

14 an area under study by the Secretary or other par15 ties for potential designation by Congress as a Na16 tional Heritage Area. 

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

18 the Secretary of the Interior. 

19 (8) SUITABILITY-FEASIBILITY STUDY.—The 

20 term ‘‘suitability-feasibility study’’ means a study 

21 conducted by the Secretary, or conducted by 1 or 

22 more other interested parties and reviewed by the 

23 Secretary, in accordance with the criteria and proc24 esses established under section 4, to determine 
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1 whether an area meets the criteria to be designated 

2 as a National Heritage Area by Congress. 

3 SEC. 3. NATIONAL HERITAGE AREAS PROGRAM. 

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

5 funds, the Secretary shall establish a National Heritage 

6 Areas program under which the Secretary shall provide 

7 technical and financial assistance to local coordinating en8 tities to support the establishment of National Heritage 

9 Areas. 

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

11 shall— 

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

13 directed by Congress, to assess the suitability and 

14 feasibility of designating proposed National Heritage 

15 Areas; or 

16 (B) review and comment on suitability-feasi17 bility studies undertaken by other parties to make 

18 such assessment; 

19 (2) provide technical assistance, on a reimburs20 able or non-reimbursable basis (as determined by the 

21 Secretary), for the development and implementation 

22 of management plans for designated National Herit23 age Areas; 

24 (3) enter into cooperative agreements with in25 terested parties to carry out this Act; 
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1 (4) provide information, promote under2 standing, and encourage research on National Herit3 age Areas in partnership with local coordinating en4 tities; 

5 (5) provide national oversight, analysis, coordi6 nation, and technical assistance and support to en7 sure consistency and accountability under the pro8 gram; and 

9 (6) submit annually to the Committee on Re10 sources of the House of Representatives and the 

11 Committee on Energy and Natural Resources of the 

12 Senate a report describing the allocation and ex13 penditure of funds for activities conducted with re14 spect to National Heritage Areas under this Act. 

15 SEC. 4. SUITABILITY-FEASIBILITY STUDIES. 

16 (a) CRITERIA.—In conducting or reviewing a suit17 ability-feasibility study, the Secretary shall apply the fol18 lowing criteria to determine the suitability and feasibility 

19 of designating a proposed National Heritage Area: 

20 (1) An area— 

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

22 cultural, educational, scenic, or recreational re23 sources that together are nationally significant 

24 to the heritage of the United States; 
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1 (B) represents distinctive aspects of the 

2 heritage of the United States worthy of recogni3 tion, conservation, interpretation, and con4 tinuing use; 

5 (C) is best managed as such an assemblage 

6 through partnerships among public and private 

7 entities at the local or regional level; 

8 (D) reflects traditions, customs, beliefs, 

9 and folklife that are a valuable part of the her10 itage of the United States; 

11 (E) provides outstanding opportunities to 

12 conserve natural, historical, cultural, or scenic 

13 features; 

14 (F) provides outstanding recreational or 

15 educational opportunities; and 

16 (G) has resources and traditional uses that 

17 have national significance. 

18 (2) Residents, business interests, nonprofit or19 ganizations, and governments (including relevant 

20 Federal land management agencies) within the pro21 posed area are involved in the planning and have 

22 demonstrated significant support through letters and 

23 other means for National Heritage Area designation 

24 and management. 
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1 (3) The local coordinating entity responsible for 

2 preparing and implementing the management plan is 

3 identified. 

4 (4) The proposed local coordinating entity and 

5 units of government supporting the designation are 

6 willing and have documented a significant commit7 ment to work in partnership to protect, enhance, in8 terpret, fund, manage, and develop resources within 

9 the National Heritage Area. 

10 (5) The proposed local coordinating entity has 

11 developed a conceptual financial plan that outlines 

12 the roles of all participants (including the Federal 

13 Government) in the management of the National 

14 Heritage Area. 

15 (6) The proposal is consistent with continued 

16 economic activity within the area. 

17 (7) A conceptual boundary map has been devel18 oped and is supported by the public and partici19 pating Federal agencies. 

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

21 suitability-feasibility study, the Secretary shall consult 

22 with the managers of any Federal land within the pro23 posed National Heritage Area and secure the concurrence 

24 of the managers with the findings of the suitability-feasi-
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1 bility study before making a determination for designa2 tion. 

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

4 suitability-feasibility study for a National Heritage Area, 

5 the Secretary shall— 

6 (1) review, comment, and make findings (in ac7 cordance with the criteria specified in subsection (a)) 

8 on the feasibility of designating the National Herit9 age Area; 

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

11 which the proposed National Heritage Area is lo12 cated; and 

13 (3) transmit to the Committee on Resources of 

14 the House of Representatives and the Committee on 

15 Energy and Natural Resources of the Senate, the 

16 suitability-feasibility study, including— 

17 (A) any comments received from the Gov18 ernor of each State in which the proposed Na19 tional Heritage Area is located; and 

20 (B) a finding as to whether the proposed 

21 National Heritage Area meets the criteria for 

22 designation. 

23 (d) DISAPPROVAL.— 

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

25 that any proposed National Heritage Area does not 
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1 meet the criteria for designation, the Secretary shall 

2 include within the suitability-feasibility study sub3 mitted under subsection (c)(3) a description of the 

4 reasons for the determination. 

5 (2) OTHER FACTORS.—A finding by the Sec6 retary that a proposed National Heritage Area 

7 meets the criteria for designation shall not preclude 

8 the Secretary from recommending against designa9 tion of the proposed National Heritage Area based 

10 on the budgetary impact of the designation or any 

11 other factor unrelated to the criteria. 

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

13 Heritage Area shall be— 

14 (1) by Act of Congress; and 

15 (2) contingent on the prior completion of a suit16 ability-feasibility study and an affirmative deter17 mination by the Secretary that the area meets the 

18 criteria established under subsection (a). 

19 SEC. 5. MANAGEMENT PLANS. 

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

21 National Heritage Area shall— 

22 (1) describe comprehensive policies, goals, strat23 egies, and recommendations for telling the story of 

24 the heritage of the area covered by the National 

25 Heritage Area and encouraging long-term resource 
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1 protection, enhancement, interpretation, funding, 

2 management, and development of the National Her3 itage Area; 

4 (2) include a description of actions and commit5 ments that governments, private organizations, and 

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

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

8 educational, scenic, and recreational resources of the 

9 National Heritage Area; 

10 (3) specify existing and potential sources of 

11 funding or economic development strategies to pro12 tect, enhance, interpret, fund, manage, and develop 

13 the National Heritage Area; 

14 (4) include an inventory of the natural, histor15 ical, cultural, educational, scenic, and recreational 

16 resources of the National Heritage Area related to 

17 the national significance and themes of the National 

18 Heritage Area that should be protected, enhanced, 

19 interpreted, managed, funded, and developed; 

20 (5) recommend policies and strategies for re21 source management, including the development of 

22 intergovernmental and interagency agreements to 

23 protect, enhance, interpret, fund, manage, and de24 velop the natural, historical, cultural, educational, 
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1 scenic, and recreational resources of the National 

2 Heritage 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 recommenda14 tions for, means by which Federal, State, and local 

15 programs may best be coordinated (including the 

16 role of the National Park Service and other Federal 

17 agencies associated with the National Heritage 

18 Area) to further 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 
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1 and financial and other resources necessary to 

2 implement the management plan for the Na3 tional 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 man12 agement plan is not submitted to the Secretary in 

13 accordance with paragraph (1), the local coordi14 nating entity shall not qualify for any additional fi15 nancial assistance under this Act until such time as 

16 the management plan is submitted to and approved 

17 by the 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 es23 tablished under paragraph (3). 

24 (2) CONSULTATION.—The Secretary shall con25 sult with the Governor of each State in which the 
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1 National Heritage Area is located before approving 

2 a management 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 hear18 ings) in the preparation of the manage19 ment plan; 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 de25 velopment strategies described in the manage-
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1 ment plan, if implemented, would adequately 

2 protect, enhance, interpret, fund, manage, and 

3 develop the natural, historic, cultural, edu4 cational, scenic, and recreational resources of 

5 the National 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 

14 assurances from the appropriate State and local 

15 officials whose support is needed to ensure the 

16 effective implementation of the State and local 

17 elements 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 implemen23 tation of the management plan. 

24 (4) DISAPPROVAL.— 
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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 

8 the 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 re12 vised 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 au22 thorized by this Act to implement an amend23 ment to the management plan until the Sec24 retary approves the amendment. 
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1 SEC. 6. LOCAL COORDINATING ENTITIES. 

2 (a) DUTIES.—To further the purposes of the Na3 tional Heritage Area, the local coordinating entity shall— 

4 (1) prepare a management plan for the Na5 tional Heritage Area, and submit the management 

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

7 (2) submit an annual report to the Secretary 

8 for each fiscal year for which the local coordinating 

9 committee receives Federal funds under this Act, 

10 specifying— 

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

14 (B) the expenses and income of the local 

15 coordinating 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 
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1 (4) encourage economic viability and sustain2 ability that is consistent with the purposes of the 

3 National Heritage Area. 

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

5 and implementing the approved management plan for the 

6 National Heritage Area, the local coordinating entity may 

7 use Federal funds made available under this Act to— 

8 (1) make grants to political jurisdictions, non9 profit organizations, and other parties within the 

10 National 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, 

24 including other Federal laws or programs; 

25 (5) contract for goods or services; and 
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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 

8 in 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 finan12 cial assistance under any other law. 

13 (b) CONSULTATION AND COORDINATION.—The head 

14 of any Federal agency planning to conduct activities that 

15 may have an impact on a National Heritage Area is en16 couraged to consult and coordinate the activities with the 

17 Secretary and the local coordinating entity to the max18 imum extent 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 agen24 cy; 
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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 pub16 lic access (including access by Federal, State, or 

17 local agencies) to the property of the property 

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

19 of the property owner under any other Federal, 

20 State, or local law; 

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

22 approved land use plan, or other regulatory author23 ity of any Federal, State or local agency, or conveys 

24 any land use or other regulatory authority to any 

25 local coordinating entity; 
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1 (4) authorizes or implies the reservation or ap2 propriation of water or water rights; 

3 (5) diminishes the authority of the State to 

4 manage fish and wildlife, including the regulation of 

5 fishing and hunting within the National Heritage 

6 Area; 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) SUITABILITY-FEASIBILITY STUDIES.—There is 

13 authorized to be appropriated to conduct and review suit14 ability-feasibility studies under section 4 $750,000 for 

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

16 fiscal year may be used for any individual suitability-feasi17 bility study for a proposed National Heritage Area. 

18 (b) LOCAL COORDINATING ENTITIES.— 

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

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

21 each fiscal year, of which not more than— 

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

23 any fiscal year for any individual National Her24 itage Area, to remain available until expended; 

25 and 
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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 

6 Secretary to provide financial assistance to an 

7 individual local coordinating entity under this 

8 Act (excluding technical assistance and admin9 istrative oversight) shall terminate on the date 

10 that is 15 years after the date of the initial re11 ceipt of the assistance by the local coordinating 

12 committee. 

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 per18 cent of the amount of funds made available under 

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

20 Secretary for technical assistance, oversight, and ad21 ministrative 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 
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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. 

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