tance and is suitable and appropriate for designation 
as a national heritage area; 
(2) approved a management plan developed in 
accordance with this Act for the proposed national 
heritage area that includes a business plan as de-
scribed in section 6(b)(4)(G); and 
(3) determined that subsection (b) has been 
complied with and the 60 day time period referred 
to in subsection (b)(2) has expired. 
(b) CONSIDERATION
OF LOCAL PROPERTY OWN-
ERS.—Prior to a recommendation by the Secretary that 
an area or corridor be designated as a national heritage 
area, the local coordinating entity shall—
(1) contact each owner of private property in 
writing within the boundary of the proposed national 
heritage area; and 
(2) provide sufficient information to allow the 
property owner to make an informed decision within 
60 days whether or not to allow their property to be 
used in the activities of the designated national her-
itage area. 
SEC. 5. REQUIREMENTS APPLICABLE TO FEASIBILITY 
STUDIES. 
(a) STUDY PROCESS AND CONTENT.—A feasibility 
study for a proposed national heritage area shall—
(1) be conducted by the Secretary or by one or 
more other interested parties for the proposed na-
tional heritage area; 
(2) be conducted with participation from the 
public and units of local government; and 
(3) include the following: 
(A) Sufficient information to determine 
whether the proposed national heritage area 
meets the criteria specified in subsection (b). 
(B) A description of the natural, historic, 
and cultural resources and recreational, inter-
pretive, and educational opportunities presented 
by the proposed national heritage area, includ-
ing an assessment of the quality and integrity 
of, the availability of public access to, and the 
themes represented by such resources and op-
portunities. 
(C) An assessment of the interest of, and 
impact of possible designation upon, potential 
partners, units of government, nonprofit organi-
zations, and other private entities. 
(D) A description of the boundaries and 
conceptual framework for the proposed national 
heritage area, if the study concludes that all or 
a portion of the proposed national heritage area
is appropriate for designation as a national her-
itage area. 
(E) The identity of the local coordinating 
entity for the proposed national heritage area. 
(b) CRITERIA FOR CONCLUDING AREA IS APPRO-
PRIATE FOR DESIGNATION.—The criteria referred to in 
subsection (a)(3)(A) are the following: 
(1) ASSEMBLAGE
OF
RESOURCES.—The pro-
posed national heritage area is a cohesive assem-
blage of natural, historic, cultural, or recreational 
resources that—
(A) together represent distinctive aspects 
of American heritage worthy of recognition, 
conservation, interpretation, and continuing 
use; and 
(B) are best managed through partner-
ships between private and public entities. 
(2) 
TRADITIONS, 
CUSTOMS, 
BELIEFS, 
OR 
FOLKLIFE.—The proposed national heritage area re-
flects traditions, customs, beliefs, or folklife, or some 
combination thereof, that are a valuable part of the 
heritage of the United States. 
(3) CONSERVATION
OF
NATURAL, CULTURAL, 
OR
HISTORIC
FEATURES.—The proposed national 
heritage area provides outstanding opportunities to
conserve natural, cultural, or historic features, or 
some combination thereof. 
(4) RECREATIONAL AND EDUCATIONAL OPPOR-
TUNITIES.—The proposed national heritage area 
provides outstanding recreational and interpretive 
opportunities. 
(5) THEMES AND INTEGRITY OF RESOURCES.—
The proposed national heritage area has an identifi-
able theme, and resources important to the theme 
retain integrity capable of supporting interpretation. 
(6) SUPPORT.—Residents, nonprofit organiza-
tions, other private entities, and units of local gov-
ernment throughout the proposed national heritage 
area demonstrate support through letters or other 
means for designation of the proposed national her-
itage area as a national heritage area and for man-
agement of the proposed national heritage area as 
appropriate for such designation. 
(c) COMMENTS OF STATE CHIEF EXECUTIVE OFFI-
CER.—Before submitting any feasibility study to the Con-
gress regarding a proposed national heritage area, the 
Secretary shall solicit comments from the chief executive 
officer of each State in which the proposed national herit-
age area is located. The Secretary shall include in the
study any comments the Secretary receives from each rel-
evant chief executive officer. 
(d) SUBMISSION
OF FEASIBILITY STUDY.—Upon 
completion or approval by the Secretary of a feasibility 
study, the Secretary shall submit the study to the Com-
mittee on Resources of the House of Representatives and 
the Committee on Energy and Natural Resources of the 
Senate. The Secretary shall include with the study the rec-
ommendations of the Secretary with respect to the pro-
posed designation to which the study relates. 
(e) STUDIES
BY INTERESTED PARTIES.—For the 
purposes of any Act authorizing the Secretary to conduct 
a study to determine the feasibility of designating an area 
as a national heritage area, the Secretary may approve 
a feasibility study submitted by one or more interested 
parties in lieu of conducting the study if the feasibility 
study meets the requirements of this Act unless the Act 
authorizing the study explicitly exempts the study from 
this subsection. 
(f) APPROVAL AND DISAPPROVAL OF A FEASIBILITY 
STUDY.—
(1) IN GENERAL.—Not later than 90 days after 
receipt of a feasibility study for a proposed national 
heritage area, the Secretary shall approve or dis-
approve the study. If the Secretary has not approved
or disapproved the study within that 90-day period, 
the study shall be considered approved. 
(2) DISAPPROVAL AND REVISIONS.—If the Sec-
retary disapproves a feasibility study for a proposed 
national heritage area, the Secretary shall advise the 
entity that submitted the study, in writing, of the 
reasons for the disapproval and shall make rec-
ommendations, if any, for a revision of the study. 
Not later than 90 days after receipt of a revised fea-
sibility study, the Secretary shall approve or dis-
approve the revised study. If the Secretary has not 
approved or disapproved the revised study within 
that 90-day period, the revised study shall be consid-
ered approved. 
SEC. 6. MANAGEMENT PLANS. 
(a) REQUIREMENTS.—In order to meet the require-
ments of this Act, a management plan for a proposed na-
tional heritage area shall be prepared by the local coordi-
nating entity for the proposed national heritage area in 
accordance with this section. In preparing the manage-
ment plan, the local coordinating entity shall perform each 
of the following duties: 
(1) MANAGEMENT PLAN.—Prepare and submit 
a management plan reviewed by participating units
of local government within the boundaries of the 
proposed national heritage area. 
(2) COLLABORATION.—Collaborate with and 
consider the interests of diverse units of government, 
businesses, tourism officials, private property own-
ers, and nonprofit groups within the geographic area 
of the proposed national heritage area in developing 
and implementing such management plan. 
(3) PUBLIC
INVOLVEMENT.—Ensure regular 
public involvement, including public meetings at 
least annually, regarding the implementation of the 
management plan for the proposed national heritage 
area. 
(4) RECORDS FOR AUDITS.—Make available to 
the Secretary for audit, for any year in which Fed-
eral funds have been received under this Act, all 
records pertaining to the expenditure of such funds 
and any matching funds, and require, for all agree-
ments authorizing expenditure of Federal funds by 
other organizations, that the receiving organizations 
make available to the Secretary for audit all records 
pertaining to the expenditure of such funds. 
(b) CONTENTS OF MANAGEMENT PLAN.—The man-
agement plan prepared for a proposed national heritage 
area shall—
(F) an analysis of ways in which local, 
State, and Federal programs may best be co-
ordinated to promote the purposes of this Act; 
and 
(G) a business plan that—
(i) describes in detail the role, oper-
ation, financing, and functions of the local 
coordinating entity and of each activity in-
cluded in the recommendations contained 
in the management plan; and 
(ii) provides, to the satisfaction of the 
Secretary, adequate assurances that the 
local coordinating entity is likely to have 
the financial resources necessary to imple-
ment the management plan for the pro-
posed heritage area, including resources to 
meet matching requirement for grants 
awarded under this Act. 
(c) PUBLIC NOTICE.—To satisfy the requirements of 
subsection (a)(3), the local coordinating entity shall place 
a notice of each of its public meetings in a newspaper of 
general circulation in the proposed national heritage area 
and shall make the minutes of the meeting available to 
the public.
(d) APPROVAL OF THE PLAN.—The Secretary may 
approve the management plan for a proposed national her-
itage area only if the Secretary finds that—
(1) the management plan satisfies the require-
ments of this Act and, if implemented, would—
(A) adequately protect, conserve, or adapt-
ively reuse the significant historical, cultural, 
natural, and recreational resources of the pro-
posed national heritage area; and 
(B) consistent with such protection, pro-
vide outdoor recreational opportunities and 
compatible economic activities within the pro-
posed national heritage area; 
(2) the participating units of local government 
within the boundaries of the proposed national herit-
age area have been consulted and given adequate op-
portunity to comment on the management plan; 
(3) the local coordinating entity has afforded 
adequate opportunity, including public hearings, for 
public and governmental involvement in the prepara-
tion of the management plan; and 
(4) the Secretary has received from the chief 
executive officer of each State acknowledgement that 
such officer is aware of the proposed national herit-
age area.
(e) APPROVAL AND DISAPPROVAL OF A MANAGE-
MENT PLAN.—
(1) IN GENERAL.—Not later than 90 days after 
receipt of a management plan for a proposed na-
tional heritage area, the Secretary shall approve or 
disapprove the management plan. If the Secretary 
has not approved or disapproved the management 
plan within that 90-day period, the management 
plan shall be considered approved. 
(2) DISAPPROVAL AND REVISIONS.—If the Sec-
retary disapproves a management plan for a pro-
posed national heritage area, the Secretary shall ad-
vise the entity that submitted the management plan, 
in writing, of the reasons for the disapproval and 
shall make recommendations for a revision of the 
management plan. Not later than 90 days after re-
ceipt of a revised management plan, the Secretary 
shall approve or disapprove the revised management 
plan. If the Secretary has not approved or dis-
approved the revised management plan within that 
90-day period, the revised management plan shall be 
considered approved.
SEC. 7. GRANTS FOR PROPOSED NATIONAL HERITAGE 
AREAS. 
(a) AUTHORITY TO MAKE GRANTS.—The Secretary 
may make grants for activities authorized by subsection 
(b). 
(b) USE OF GRANTS.—
(1) AUTHORIZED USES.—Grants under this sec-
tion may be used for activities necessary—
(A) to conduct a feasibility study for a pro-
posed national heritage area; and 
(B) to prepare a management plan for a 
proposed national heritage area, including the 
business 
plan 
required 
under 
section 
6(b)(4)(G). 
(2) PROHIBITED
USES
OF
GRANTS.—Grants 
under this section may not be used for—
(A) the acquisition of real property or any 
interest in real property; or 
(B) any other activity not specifically au-
thorized by paragraph (1). 
(c) DURATION OF ELIGIBILITY FOR GRANTS.—The 
Secretary may not provide a grant under this section for 
a proposed national heritage area for any period after the 
expiration of the 5-year period beginning on the date of 
the enactment of the Act authorizing the feasibility study 
for the proposed national heritage area.
SEC. 8. GRANTS TO SUPPORT DESIGNATED NATIONAL HER-
ITAGE AREAS. 
(a) AUTHORITY TO MAKE GRANTS.—The Secretary 
may make grants from appropriated funds to the local co-
ordinating entity for a national heritage area for activities 
authorized by subsection (b). 
(b) USE OF GRANTS.—
(1) AUTHORIZED USES.—Grants under this sec-
tion may be used by a local coordinating entity for—
(A) reports, studies, interpretive exhibits 
and programs, historic preservation projects, 
and other activities recommended in the man-
agement plan for the national heritage area; 
and 
(B) operational expenses of the local co-
ordinating entity incurred within the first 10 
fiscal years beginning after the date of the en-
actment of the Act designating the national 
heritage area. 
(2) PROHIBITED
USES
OF
GRANTS.—Grants 
under this section may not be used for—
(A) the acquisition of real property or any 
interest in real property; or 
(B) any other activity not specifically au-
thorized by paragraph (1).
(c) PROTECTION OF FEDERAL INVESTMENT.—The 
Secretary shall require that each grant under this section 
for the improvement, restoration, or rehabilitation of real 
property shall be subject to an agreement that conversion, 
use, or disposal of the project assisted with the grant for 
purposes contrary to the purposes for which the grant was 
made shall result in a right of the United States to com-
pensation from the beneficiary of the grant. Any such 
agreement shall provide for a schedule for such compensa-
tion based on the level of Federal investment and the an-
ticipated useful life of the project. 
(d) DURATION OF ELIGIBILITY FOR GRANTS.—The 
Secretary may not provide any grant under this section 
to a local coordinating entity for any period after the expi-
ration of the 10-year period beginning on the date of the 
enactment of the Act designating the national heritage 
area. 
SEC. 9. TECHNICAL ASSISTANCE. 
The Secretary may provide technical assistance on a 
nonreimbursable basis—
(1) to any interested party for any activity for 
which the Secretary is authorized to provide a grant 
under section 7; and
(2) to local coordinating entities for any activity 
for which the Secretary is authorized to provide a 
grant under section 8. 
SEC. 10. TERMINATION OF DESIGNATION. 
(a) NOTICE
OF DETERMINATION.—The Secretary 
shall submit a written notice to the local coordinating enti-
ty of a national heritage area so designated after the date 
of the enactment of this Act if the Secretary determines 
that—
(1) implementation of the management plan for 
the national heritage area has failed to meet stand-
ards set forth in the management plan; or 
(2) a preponderance of the units of local gov-
ernment involved in implementing the management 
plan for the national heritage area no longer support 
such designation. 
(b) COMMENT.—Not later than 60 days after the 
date that the Secretary submits a written notice under 
subsection (a) to a local coordinating entity, the local co-
ordinating entity may submit to the Secretary written 
comments supporting a contention that the determination 
under section (a) was made in error. 
(c) TERMINATION.—After considering any comments 
submitted under subsection (b), if the Secretary decides 
that the determination under subsection (a) was correct,
the Secretary shall no longer provide financial assistance 
under this Act for that national heritage area. 
SEC. 11. PRIVATE PROPERTY PROTECTION. 
(a) ACCESS
TO PRIVATE PROPERTY.—Nothing in 
this Act shall be construed to require any private property 
owner to permit public access (including Federal, State, 
or local government access) to such private property. 
Nothing in this Act shall be construed to modify any provi-
sion of Federal, State, or local law with regard to public 
access to or use of private lands. 
(b) LIABILITY.—Designation of a national heritage 
area shall not be considered to create any liability, or to 
have any effect on any liability under any other law, of 
any private property owner with respect to any persons 
injured on such private property. 
(c) RECOGNITION OF AUTHORITY TO CONTROL LAND 
USE.—Nothing in this Act shall be construed to modify 
any authority of Federal, State, or local governments to 
regulate land use. 
(d) PARTICIPATION OF PRIVATE PROPERTY OWNERS 
IN NATIONAL HERITAGE AREAS.—Nothing in this Act 
shall be construed to require the owner of any private 
property located within the boundaries of a national herit-
age area to participate in or be associated with the na-
tional heritage area.
SEC. 12. RELATIONSHIP TO OTHER FEDERAL PROGRAMS. 
(a) OTHER ASSISTANCE NOT AFFECTED.—This Act 
does not affect the authority of any Federal official to pro-
vide technical or financial assistance under any other law. 
(b) NOTIFICATION
OF OTHER FEDERAL ACTIVI-
TIES.—The head of each Federal agency shall provide to 
the Secretary and the local coordinating entity for a na-
tional heritage area, to the extent practicable, advance no-
tice of all activities which may have an impact on the na-
tional heritage area. 
SEC. 13. SAVINGS PROVISIONS. 
(a) RULES, REGULATIONS, STANDARDS, AND PER-
MIT PROCESSES.—Except as provided in section 12(b), 
nothing in this Act shall be construed to impose any envi-
ronmental, occupational, safety, or other rule, regulation, 
standard, or permit process in a national heritage area 
that is different from those that would be applicable if 
the national heritage area had not been established. 
(b) WATER AND WATER RIGHTS.—Nothing in this 
Act shall be construed to authorize or imply the reserva-
tion or appropriation of water or water rights. 
(c) NO DIMINISHMENT
OF STATE AUTHORITY.—
Nothing in this Act shall be construed to diminish the au-
thority of the State containing any national heritage area 
to manage fish and wildlife, including the regulation of 
fishing and hunting within the national heritage area.
(d) EXISTING NATIONAL HERITAGE AREAS.—Noth-
ing in this Act shall affect any national heritage area so 
designated before the date of the enactment of this Act. 
SEC. 14. FUNDING. 
(a) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—There are authorized to be 
appropriated for each fiscal year for grants and 
technical assistance for activities under section 8—
(A) not more than $1,000,000 for any fis-
cal year for each national heritage area to re-
main available until expended; and 
(B) not more than a total of $10,000,000 
for each national heritage area. 
(2) AMOUNTS
FOR
INITIAL
STUDIES
AND 
PLANS.—In addition to amounts authorized in para-
graphs (1) and (3), there are authorized to be ap-
propriated for each fiscal year for grants and tech-
nical assistance for activities under section 7—
(A) not more than $250,000 for any fiscal 
year for each proposed national heritage area to 
remain available until expended; and 
(B) not more than a total of $1,500,000 
for each proposed national heritage area. 
(3) AMOUNTS FOR FEASIBILITY STUDIES.—In 
addition to amounts authorized in paragraphs (1)
and (2), there is authorized to be appropriated not 
more than $250,000 for each feasibility study di-
rected by Congress to be completed by the Secretary. 
(b) REQUIRED MATCH.—As a condition of providing 
a grant under this section, the Secretary shall require the 
recipient of the grant to provide matching funds equal to 
the amount of the grant. Recipient matching funds—
(1) must be from non-Federal sources; and 
(2) may be made in the form of in-kind con-
tributions of goods or services fairly valued. 
(c) LIMIT ON FEDERAL OVERSIGHT AND ADMINIS-
TRATIVE FUNDS.—Not more than five percent of the 
funds made available under each of subsections (a)(1) and 
(a)(2) for a fiscal year may be used by the Secretary for 
technical assistance, oversight, and administrative pur-
poses. 
(d) PROHIBITION ON USE OF FUNDS TO SUPPLE-
MENT NATIONAL PARK SYSTEM.—No funds authorized to 
be appropriated under this section other than those au-
thorized by subsection (c) may be used to supplement 
funding or programs at any unit of the National Park Sys-
tem. 
(e) USE
OF
FEDERAL
FUNDS
FROM
OTHER 
SOURCES.—Nothing in this Act shall preclude a local co-
ordinating entity from using Federal funds available under
other Federal laws for the purposes for which those funds 
were authorized. 
(f) ALLOCATION
OF
APPROPRIATIONS.—Notwith-
standing any other provision of law, no funds appropriated 
or otherwise made available to the Secretary to carry out 
the purposes of this Act may be obligated or expended—
(1) unless the appropriation of such funds has 
been allocated in the manner prescribed by this Act; 
or 
(2) in excess of the amount authorized in this 
Act.
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