108TH CONGRESS

2D SESSION S. 2543

AN ACT

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’’.
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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. 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.
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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 IMPORTANCE.—The term ‘‘na7 tional importance’’ 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) STUDY.—The term ‘‘study’’ means a study

25 conducted by the Secretary, or conducted by 1 or
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1 more other interested parties and reviewed by the

2 Secretary, in accordance with the criteria and proc3 esses established under section 4, to determine

4 whether an area meets the criteria to be designated

5 as a National Heritage Area by Congress.

6 SEC. 3. NATIONAL HERITAGE AREAS PROGRAM.

7 (a) IN GENERAL.—The Secretary shall establish a

8 National Heritage Areas program under which the Sec9 retary shall provide technical and financial assistance to

10 local coordinating entities to support the establishment of

11 National Heritage Areas.

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

13 shall—

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

15 to assess the suitability and feasibility of designating

16 proposed National Heritage Areas; or

17 (B) review and comment on studies undertaken

18 by other parties to make 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. STUDIES.

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

17 the Secretary shall apply the following criteria to deter18 mine the suitability and feasibility of designating a pro19 posed 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 important

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 importance.

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 study, the Secretary shall consult with the managers of

22 any Federal land within the proposed National Heritage

23 Area and secure the concurrence of the managers with the

24 findings of the study before making a determination for

25 designation.
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1 (c) TRANSMITTAL.—On completion or receipt of a

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

3 (1) review, comment, and make findings (in ac4 cordance with the criteria specified in subsection (a))

5 on the feasibility of designating the National Herit6 age Area;

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

8 which the proposed National Heritage Area is lo9 cated; and

10 (3) transmit to the Committee on Resources of

11 the House of Representatives and the Committee on

12 Energy and Natural Resources of the Senate, the

13 study, including—

14 (A) any comments received from the Gov15 ernor of each State in which the proposed Na16 tional Heritage Area is located; and

17 (B) a finding as to whether the proposed

18 National Heritage Area meets the criteria for

19 designation.

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

21 any proposed National Heritage Area does not meet the

22 criteria for designation, the Secretary shall include within

23 the study submitted under subsection (c)(3) a description

24 of the reasons for the determination.
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1 (e) DESIGNATION.—The designation of a National

2 Heritage Area shall be—

3 (1) by Act of Congress; and

4 (2) contingent on the prior completion of a

5 study and an affirmative determination by the Sec6 retary that the area meets the criteria established

7 under subsection (a).

8 SEC. 5. MANAGEMENT PLANS.

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

10 National Heritage Area shall—

11 (1) describe comprehensive policies, goals, strat12 egies, and recommendations for telling the story of

13 the heritage of the area covered by the National

14 Heritage Area and encouraging long-term resource

15 protection, enhancement, interpretation, funding,

16 management, and development of the National Her17 itage Area;

18 (2) include a description of actions and commit19 ments that governments, private organizations, and

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

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

22 educational, scenic, and recreational resources of the

23 National Heritage Area;

24 (3) specify existing and potential sources of

25 funding or economic development strategies to pro-
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1 tect, enhance, interpret, fund, manage, and develop

2 the National Heritage Area;

3 (4) include an inventory of the natural, histor4 ical, cultural, educational, scenic, and recreational

5 resources of the National Heritage Area related to

6 the national importance and themes of the National

7 Heritage Area that should be protected, enhanced,

8 interpreted, managed, funded, and developed;

9 (5) recommend policies and strategies for re10 source management, including the development of

11 intergovernmental and interagency agreements to

12 protect, enhance, interpret, fund, manage, and de13 velop the natural, historical, cultural, educational,

14 scenic, and recreational resources of the National

15 Heritage Area;

16 (6) describe a program for implementation for

17 the management plan, including—

18 (A) performance goals;

19 (B) plans for resource protection, enhance20 ment, interpretation, funding, management, and

21 development; and

22 (C) specific commitments for implementa23 tion that have been made by the local coordi24 nating entity or any government agency, organi25 zation, business, or individual;
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1 (7) include an analysis of, and recommenda2 tions for, means by which Federal, State, and local

3 programs may best be coordinated (including the

4 role of the National Park Service and other Federal

5 agencies associated with the National Heritage

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

7 (8) include a business plan that—

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

9 and functions of the local coordinating entity

10 and of each of the major activities contained in

11 the management plan; and

12 (B) provides adequate assurances that the

13 local coordinating entity has the partnerships

14 and financial and other resources necessary to

15 implement the management plan for the Na16 tional Heritage Area.

17 (b) DEADLINE.—

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

19 the date on which funds are first made available to

20 develop the management plan after designation as a

21 National Heritage Area, the local coordinating entity

22 shall submit the management plan to the Secretary

23 for approval.

24 (2) TERMINATION OF FUNDING.—If the man25 agement plan is not submitted to the Secretary in
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1 accordance with paragraph (1), the local coordi2 nating entity shall not qualify for any additional fi3 nancial assistance under this Act until such time as

4 the management plan is submitted to and approved

5 by the Secretary.

6 (c) APPROVAL OF MANAGEMENT PLAN.—

7 (1) REVIEW.—Not later than 180 days after re8 ceiving the plan, the Secretary shall review and ap9 prove or disapprove the management plan for a Na10 tional Heritage Area on the basis of the criteria es11 tablished under paragraph (3).

12 (2) CONSULTATION.—The Secretary shall con13 sult with the Governor of each State in which the

14 National Heritage Area is located before approving

15 a management plan for the National Heritage Area.

16 (3) CRITERIA FOR APPROVAL.—In determining

17 whether to approve a management plan for a Na18 tional Heritage Area, the Secretary shall consider

19 whether—

20 (A) the local coordinating entity represents

21 the diverse interests of the National Heritage

22 Area, including governments, natural and his23 toric resource protection organizations, edu24 cational institutions, businesses, recreational or-
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1 ganizations, community residents, and private

2 property owners;

3 (B) the local coordinating entity—

4 (i) has afforded adequate opportunity

5 for public and governmental involvement

6 (including through workshops and hear7 ings) in the preparation of the manage8 ment plan; and

9 (ii) provides for at least semiannual

10 public meetings to ensure adequate imple11 mentation of the management plan;

12 (C) the resource protection, enhancement,

13 interpretation, funding, management, and de14 velopment strategies described in the manage15 ment plan, if implemented, would adequately

16 protect, enhance, interpret, fund, manage, and

17 develop the natural, historic, cultural, edu18 cational, scenic, and recreational resources of

19 the National Heritage Area;

20 (D) the management plan would not ad21 versely affect any activities authorized on Fed22 eral land under public land laws or land use

23 plans;
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1 (E) the local coordinating entity has dem2 onstrated the financial capability, in partner3 ship with others, to carry out the plan;

4 (F) the Secretary has received adequate

5 assurances from the appropriate State and local

6 officials whose support is needed to ensure the

7 effective implementation of the State and local

8 elements of the management plan; and

9 (G) the management plan demonstrates

10 partnerships among the local coordinating enti11 ty, Federal, State, and local governments, re12 gional planning organizations, nonprofit organi13 zations, or private sector parties for implemen14 tation of the management plan.

15 (4) DISAPPROVAL.—

16 (A) IN GENERAL.—If the Secretary dis17 approves the management plan, the Secretary—

18 (i) shall advise the local coordinating

19 entity in writing of the reasons for the dis20 approval; and

21 (ii) may make recommendations to the

22 local coordinating entity for revisions to

23 the management plan.

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

25 after receiving a revised management plan, the
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1 Secretary shall approve or disapprove the re2 vised management plan.

3 (5) AMENDMENTS.—

4 (A) IN GENERAL.—An amendment to the

5 management plan that substantially alters the

6 purposes of the National Heritage Area shall be

7 reviewed by the Secretary and approved or dis8 approved in the same manner as the original

9 management plan.

10 (B) IMPLEMENTATION.—The local coordi11 nating entity shall not use Federal funds au12 thorized by this Act to implement an amend13 ment to the management plan until the Sec14 retary approves the amendment.

15 SEC. 6. LOCAL COORDINATING ENTITIES.

16 (a) DUTIES.—To further the purposes of the Na17 tional Heritage Area, the local coordinating entity shall—

18 (1) prepare a management plan for the Na19 tional Heritage Area, and submit the management

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

21 (2) submit an annual report to the Secretary

22 for each fiscal year for which the local coordinating

23 committee receives Federal funds under this Act,

24 specifying—
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1 (A) the specific performance goals and ac2 complishments of the local coordinating com3 mittee;

4 (B) the expenses and income of the local

5 coordinating committee;

6 (C) the amounts and sources of matching

7 funds;

8 (D) the amounts leveraged with Federal

9 funds and sources of the leveraging; and

10 (E) grants made to any other entities dur11 ing the fiscal year;

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

13 for which the local coordinating entity receives Fed14 eral funds under this Act, all information pertaining

15 to the expenditure of the funds and any matching

16 funds; and

17 (4) encourage economic viability and sustain18 ability that is consistent with the purposes of the

19 National Heritage Area.

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

21 and implementing the approved management plan for the

22 National Heritage Area, the local coordinating entity may

23 use Federal funds made available under this Act to—
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1 (1) make grants to political jurisdictions, non2 profit organizations, and other parties within the

3 National Heritage Area;

4 (2) enter into cooperative agreements with or

5 provide technical assistance to political jurisdictions,

6 nonprofit organizations, Federal agencies, and other

7 interested parties;

8 (3) hire and compensate staff, including individ9 uals with expertise in—

10 (A) natural, historical, cultural, edu11 cational, scenic, and recreational resource con12 servation;

13 (B) economic and community development;

14 and

15 (C) heritage planning;

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

17 including other Federal laws or programs;

18 (5) contract for goods or services; and

19 (6) support activities of partners and any other

20 activities that further the purposes of the National

21 Heritage Area and are consistent with the approved

22 management plan.

23 (c) PROHIBITION ON ACQUISITION OF REAL PROP24 ERTY.—The local coordinating entity may not use Federal
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1 funds authorized under this Act to acquire any interest

2 in real property.

3 SEC. 7. RELATIONSHIP TO OTHER FEDERAL AGENCIES.

4 (a) IN GENERAL.—Nothing in this Act affects the au5 thority of a Federal agency to provide technical or finan6 cial assistance under any other law.

7 (b) CONSULTATION AND COORDINATION.—The head

8 of any Federal agency planning to conduct activities that

9 may have an impact on a National Heritage Area is en10 couraged to consult and coordinate the activities with the

11 Secretary and the local coordinating entity to the max12 imum extent practicable.

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

14 Act—

15 (1) modifies, alters, or amends any law or regu16 lation authorizing a Federal agency to manage Fed17 eral land under the jurisdiction of the Federal agen18 cy;

19 (2) limits the discretion of a Federal land man20 ager to implement an approved land use plan within

21 the boundaries of a National Heritage Area; or

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

23 use of Federal land under the jurisdiction of a Fed24 eral agency.
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1 SEC. 8. PRIVATE PROPERTY AND REGULATORY PROTEC2 TIONS.

3 Nothing in this Act—

4 (1) abridges the rights of any property owner

5 (whether public or private), including the right to re6 frain from participating in any plan, project, pro7 gram, or activity conducted within the National Her8 itage Area;

9 (2) requires any property owner to permit pub10 lic access (including access by Federal, State, or

11 local agencies) to the property of the property

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

13 of the property owner under any other Federal,

14 State, or local law;

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

16 approved land use plan, or other regulatory author17 ity of any Federal, State or local agency, or conveys

18 any land use or other regulatory authority to any

19 local coordinating entity;

20 (4) authorizes or implies the reservation or ap21 propriation of water or water rights;

22 (5) diminishes the authority of the State to

23 manage fish and wildlife, including the regulation of

24 fishing and hunting within the National Heritage

25 Area; or
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1 (6) creates any liability, or affects any liability

2 under any other law, of any private property owner

3 with respect to any person injured on the private

4 property.

5 SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

6 (a) STUDIES.—There is authorized to be appro7 priated to conduct and review studies under section 4

8 $750,000 for each fiscal year, of which not more than

9 $250,000 for any fiscal year may be used for any indi10 vidual study for a proposed National Heritage Area.

11 (b) LOCAL COORDINATING ENTITIES.—

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

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

14 each fiscal year, of which not more than—

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

16 any fiscal year for any individual National Her17 itage Area, to remain available until expended;

18 and

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

20 available for all such fiscal years for any indi21 vidual National Heritage Area.

22 (2) TERMINATION DATE.—

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

24 Secretary to provide financial assistance to an

25 individual local coordinating entity under this
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1 Act (excluding technical assistance and admin2 istrative oversight) shall terminate on the date

3 that is 15 years after the date of the initial re4 ceipt of the assistance by the local coordinating

5 committee.

6 (B) DESIGNATION.—A National Heritage

7 Area shall retain the designation as a National

8 Heritage Area after the termination date pre9 scribed in subparagraph (A).

10 (3) ADMINISTRATION.—Not more than 5 per11 cent of the amount of funds made available under

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

13 Secretary for technical assistance, oversight, and ad14 ministrative purposes.

15 (c) MATCHING FUNDS.—

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

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

18 provide matching funds in an amount that is equal

19 to the amount of the grant.

20 (2) ADMINISTRATION.—The recipient matching

21 funds—

22 (A) shall be derived from non-Federal

23 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.

Passed the Senate September 15, 2004.

Attest:

Secretary.
108TH CONGRESS

2D SESSION S. 2543

AN ACT

To establish a program and criteria for National

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