I
106TH CONGRESS
1ST SESSION
H. R. 2532
To provide for the establishment of national heritage areas.
IN THE HOUSE OF REPRESENTATIVES
JULY 15, 1999
Mr. HEFLEY introduced the following bill; which was referred to the
Committee on Resources
A BILL
To provide for the establishment of national heritage areas.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
(a) SHORT TITLE.—This Act may be cited as the
‘‘National Heritage Areas Policy Act of 1999’’.
(b) PURPOSES.—The purposes of this Act are—
(1) to recognize areas containing natural, his-
toric, scenic, and cultural resources and recreational
and educational opportunities that are geographi-
cally assembled and thematically related as areas
that provide unique frameworks for understanding
the great and diverse character of the Nation and
the development of communities and their sur-
roundings;
(2) to encourage State and local governments,
nonprofit organizations, and the private sector, or
combinations thereof, to conserve and manage those
resources and opportunities;
(3) to encourage within these areas a broad
range of economic opportunities which enhance the
quality of life for present and future generations;
(4) to designate certain national heritage areas
and to prescribe the methods by which additional
national heritage areas may be designated from time
to time; and
(5) to define the limited role of the Federal gov-
ernment with regard to national heritage areas.
(c) CRITERIA FOR DESIGNATION.—An area shall be
eligible for designation as a national heritage area only
if the area meets each of the following criteria:
(1) ASSEMBLAGE OF RESOURCES.—The area is
a cohesive assemblage 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 non-Federal public
entities.
(2) 
TRADITIONS, 
CUSTOMS, 
BELIEFS, 
OR
FOLKLIFE.—The area reflects traditions, customs,
beliefs, or folklife, or some combination thereof, that
are a valuable part of the story of the Nation.
(3) CONSERVATION
OF
NATURAL, CULTURAL,
OR HISTORIC FEATURES.—The area provides out-
standing opportunities to conserve natural, cultural,
or historic features, or some combination thereof.
(4) RECREATIONAL AND EDUCATIONAL OPPOR-
TUNITIES.—The area provides outstanding rec-
reational and educational opportunities.
(5) THEMES AND INTEGRITY OF RESOURCES.—
The area has an identifiable theme, and resources
important to the theme retain integrity capable of
supporting interpretation.
(6) SUPPORT.—Residents, nonprofit organiza-
tions, other private entities, and governments
throughout the proposed area demonstrate support
for designation of the area and for management of
the area as appropriate for such designation.
(d) 
DESIGNATION
OF
NATIONAL
HERITAGE
AREAS.—
(1) METHOD OF DESIGNATION.—An area may
be designated as a national heritage area only by an
Act of Congress.
(2) CONDITIONS FOR DESIGNATION.—The Con-
gress may designate an area as a national heritage
area only after—
(A) the Secretary completes a feasibility
study with respect to the area, pursuant to an
Act of Congress that provides specific author-
ization for such study; and
(B) such study concludes that the area is
appropriate for designation as a national herit-
age area.
(e) FEASIBILITY
STUDIES
AND
RECOMMENDA-
TIONS.—
(1) IN GENERAL.—The Secretary shall submit
(subject to paragraph (4) and the availability of non-
Federal contributions for 50 percent of the applica-
ble costs) to the Resources Committee of the House
of Representatives and the Energy and Natural Re-
sources Committee of the Senate a study on the fea-
sibility of designating any area as a national herit-
age area. Such studies shall include the rec-
ommendations of the Secretary with respect to the
designation of such national heritage areas.
(2) COMMENTS
OF
THE
GOVERNOR.—Before
submitting any study to the Congress under para-
graph (1) with respect to a proposed national herit-
age area, the Secretary shall solicit comments from
the Governor of each State in which the proposed
national heritage area is located. The Secretary shall
include in such study any comments which the Sec-
retary receives from such Governor within 90 days
after the solicitation of such comments.
(3) CONTENT OF FEASIBILITY STUDIES.—Each
feasibility study completed under this subsection
shall include sufficient information to determine
whether an area meets, or has the potential to meet,
the criteria referred to in subsection (c). Each such
feasibility study shall be prepared with public par-
ticipation. Each such feasibility study shall include,
but need not be limited to, each of the following:
(A) RESOURCES AND OPPORTUNITIES.—A
description of the natural, historic, and cultural
resources and recreational and educational op-
portunities presented by the area, including an
assessment of the quality and integrity of, the
availability of public access to, and the themes
represented by such resources and opportuni-
ties.
(B) INTEREST AND IMPACT.—An assess-
ment of the interest of, and impact of possible
designation upon, potential partners, units of
government, nonprofit organizations, and other
private entities.
(C) BOUNDARIES.—A description of the
boundaries for the proposed national heritage
area.
(D) CONCEPTUAL
FRAMEWORK.—A de-
scription of the conceptual framework of the
proposed national heritage area.
(4) FUNDING FOR FEASIBILITY STUDIES.—For
any feasibility study prepared pursuant to this sub-
section, the costs assumed by the Federal Govern-
ment shall not exceed 50 percent of the total costs
of completing such study. The Secretary may com-
plete such a feasibility study only if the remaining
share of such costs is provided from non-Federal
funds, services, or materials, or a combination there-
of, fairly valued as determined by the Secretary.
(f) DUTIES OF THE SECRETARY.—
(1) IN GENERAL.—The duties of the Secretary
pursuant to this section shall be limited to—
(A) completion of feasibility studies pursu-
ant to an Act of Congress;
(B) ELIGIBILITY
FOR
GRANTS.—Grants
may be made under this subsection with respect
to a national heritage area only if the Governor
of the State in which such Area is located (or
if such Area is located in more than one State,
the Governors of all such States, acting to-
gether) designates a local coordinating entity
for such Area.
(C) PERMITTED AND PROHIBITED USES OF
GRANTS.—
(i) PERMITTED USES.—Grants made
under this subsection may be used for re-
ports, studies, interpretive exhibits and
programs, historic preservation projects,
operational expenses of any local coordi-
nating entity for the first 3 fiscal years be-
ginning after the date of the designation of
such entity.
(ii) PROHIBITED USES.—Grants made
under this subsection may not be used
for—
(I) acquisition of real property or
any interest in real property; or
(II) any other activity not specifi-
cally authorized in this subsection.
(D) APPLICABILITY OF RESTRICTIONS TO
SUBGRANTS.—For purposes of subparagraph
(C), any subgrant made from funds received as
a grant (or subgrant) made under this sub-
section shall be treated as a grant made under
this subsection.
(E) PROTECTION
OF
FEDERAL
INVEST-
MENT.—Any construction grant made under
this subsection shall be subject to an agreement
that conversion, use, or disposal of the project
so assisted for purposes contrary to the pur-
poses of this subsection shall result in a right
of the United States to compensation 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 anticipated useful life of the project.
(F) 
DURATION
OF
ELIGIBILITY
FOR
GRANTS.—The Secretary may not provide any
grant under this subsection with respect to any
national heritage area for any period occurring
after the expiration of the 10-year period begin-
ning on the date on which the national heritage
area is designated.
(G) INELIGIBILITY FOR GRANTS AFTER 3
YEARS UNLESS HERITAGE PLAN SUBMITTED.—
The Secretary may not provide grants under
this subsection with respect to any national her-
itage area after the expiration of the 3-year pe-
riod beginning on the date of the designation of
the local coordinating entity for such area un-
less, before the expiration of such period—
(i) such entity submits a Heritage
Plan for the Area to each Governor of a
State in which such area is located, and
(ii) each such Governor approves the
Heritage Plan and at least one such Gov-
ernor forwards a copy of the Heritage Plan
to the Secretary.
(H) TECHNICAL
ASSISTANCE.—The Sec-
retary may provide technical assistance with re-
spect to this subsection.
(I) 
PREVIOUSLY
EXISTING
HERITAGE
AREAS.—The Secretary may provide grants and
technical assistance under this subsection with
respect to any area which has been designated
by an Act of Congress, before the date of the
enactment of this Act, as a heritage area or
heritage corridor, as if such area or corridor
had been designated a national heritage area
under this section. The Secretary may not pro-
vide any grant under this subsection with re-
spect to any such heritage area or corridor after
the earlier of—
(i) the last day on which the area or
corridor is eligible for Federal funding or
assistance under the statute designating
such heritage area or corridor; or
(ii) the expiration of the 10-year pe-
riod beginning on the date of the enact-
ment of this Act.
(g) LOCAL COORDINATING ENTITY.—For purposes
of this subsection, the term ‘‘local coordinating entity’’
means, with respect to any national heritage area, an enti-
ty designated by the Governor which agrees to perform
each of the following duties:
(1) HERITAGE PLAN.—
(A) PREPARATION.—The entity agrees to
complete a heritage plan.
(B) 
CONTENTS
OF
THE
HERITAGE
PLAN.—Each heritage plan prepared pursuant
to this section shall present comprehensive rec-
ommendations for the conservation, funding,
management, and development of a national
heritage area and of the historical, cultural, and
natural resources and the recreational and edu-
cational opportunities of the area, in a manner
consistent with the economic viability of the
area. Each such heritage plan shall also include
a program for implementation of the heritage
plan by the local coordinating entity and spe-
cific commitments for the first 5 years of oper-
ation of the heritage plan.
(2) CONSIDERATION OF INTERESTS OF LOCAL
GROUPS.—The entity agrees to consider the interests
of diverse units of government, businesses, tourism
officials, private property owners, and nonprofit
groups within the geographic area in developing and
implementing the Heritage Plan for the area.
(3) PUBLIC MEETINGS.—The entity agrees to
conduct public meetings at least annually regarding
the implementation of the Heritage Plan for the
area. The local coordinating entity shall place a no-
tice of each such meeting in a newspaper of general
circulation in the area and shall make the minutes
of the meeting available to the public.
(h) PRIVATE PROPERTY PROTECTION.—
(1) ACCESS TO PRIVATE PROPERTY.—No provi-
sion of this section shall be construed to require any
private property owner to permit public access (or
Federal, State, or local government access) to such
private property. No provision of this section shall
be construed to modify any provision of Federal,
State, or local law with regard to public access to or
use of private lands. Designation of a national herit-
age area in accordance with this section shall not be
deemed 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.
(2) RECOGNITION OF AUTHORITY TO CONTROL
LAND USE.—No provision of this section shall be
construed to modify any authority of Federal, State,
or local governments to regulate land use.
(3) PARTICIPATION
OF
PRIVATE
PROPERTY
OWNERS IN NATIONAL HERITAGE AREAS.—No provi-
sion of this section shall be construed to require any
private property owner located within the boundary
of any national heritage area to participate in or be
associated with any national heritage area.
(i) SAVINGS PROVISIONS.—
(1) RULES, REGULATIONS, STANDARDS, AND
PERMIT PROCESSES.—No provision of this section
shall be construed to impose any environmental, oc-
cupational, safety, or other rule, regulation, stand-
ard, or permit process that is different from those
that would be applicable had a national heritage
area not been established.
(2) WATER AND WATER RIGHTS.—No provision
of this section shall be construed to authorize or
imply the reservation or appropriation of water or
water rights.
(3) NO
DIMINISHMENT
OF
STATE
AUTHOR-
ITY.—No provision of this section shall be construed
to diminish the authority of the State containing any
national heritage area to manage fish and wildlife,
including the regulation of fishing and hunting with-
in the area.
(4) SAVINGS PROVISION FOR PREVIOUSLY DES-
IGNATED AREAS.—Except as specified in subsection
(l), no provision of this section shall be construed to
expand or diminish any authority contained in any
law that designates, before the date of the enact-
ment of this section, a heritage area or heritage cor-
ridor.
(j) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—There is authorized to be
appropriated annually for grants made and technical
assistance provided under subsection (f) not more
than $10,000,000, to remain available until ex-
pended.
(2) PROHIBITION
ON
FEDERAL
ADMINISTRA-
TIVE FEE.—Funds may be appropriated under this
section only for direct transfer by the Secretary to
a local coordinating entity or for feasibility studies.
(3) LIMITATION ON PERCENT OF COST.—Fed-
eral funding provided under this section for any
grant with respect to a national heritage area may
not exceed 50 percent of the total cost of the activity
with respect to which such grant is provided.
(4) LIMITATION ON TOTAL FUNDING FOR EACH
NATIONAL HERITAGE AREA.—Not more than a total
of $10,000,000 may be made available under this
section with respect to each national heritage area.
(5) LIMITATION
ON
ANNUAL
FUNDING
FOR
EACH NATIONAL HERITAGE AREA.—Not more than
$1,000,000 may be made available under this sec-
tion with respect to each national heritage area for
any fiscal year.
(6) APPLICATION OF FUNDING LIMITS TO EX-
ISTING AREAS.—
(A) IN GENERAL.—The aggregate appro-
priations, under this section and any other Act
for any fiscal year beginning after the date of
the enactment of this Act, to the Secretary
(acting through the National Park Service) for
any area designated before such date as a herit-
age area or heritage corridor may not exceed
the maximum amount which could have been
appropriated with respect to the area or cor-
ridor under this section for such fiscal year if
the area or corridor were a national heritage
area designated in accordance with this section.
(B) APPLICATION
OF
LIMIT
ON
TOTAL
FUNDING FOR AREA.—For purposes of para-
graph (4) (and subparagraph (A) as applied
with respect to paragraph (4)), all Federal
funding made available (before, on, or after the
date of the enactment of this section) by the
Secretary (acting through the National Park
Service) with respect to a heritage area or her-
itage corridor described in subparagraph (A)
shall be treated as funding made available
under this subsection.
(C) INCLUSION
IN
LIMIT
ON
FUNDING
UNDER
THIS
SECTION.—For purposes of the
$10,000,000 limitation contained in paragraph
(1), all amounts appropriated to the Secretary
(acting through the National Park Service)
after the date of the enactment of this Act,
under this section or any other Act, for heritage
areas and heritage corridors described in sub-
paragraph (A) shall be treated as appropriated
under such paragraph.
(7) PROHIBITION ON USE OF FUNDS TO SUP-
PLEMENT NATIONAL PARK SYSTEM.—No funds au-
thorized to be appropriated under this section may
be used to supplement funding or programs at any
unit of the National Park System.
(k) DEFINITIONS.—For purposes of this section:
(1) NATIONAL
HERITAGE
AREA.—The term
‘‘national heritage area’’ means a place designated
by the Congress where natural, cultural, historic,
and recreational resources combine to form a cohe-
sive, nationally distinctive landscape arising from
patterns of human activity shaped by geography.
These patterns make national heritage areas rep-
resentative of the national experience through the
physical features that remain and the traditions that
have evolved in the areas. Continued use of national
heritage areas by people whose traditions helped to
shape the landscapes enhances their significance.
(2) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior.
(3) UNIT OF GOVERNMENT.—The term ‘‘unit of
government’’ means the government of a State, a
political subdivision of a State, or an Indian tribe.
For purposes of the preceding sentence, the term
‘‘State’’ includes the District of Columbia, Guam,
the Virgin Islands, American Samoa, the Common-
wealth of Puerto Rico, or the Commonwealth of the
Northern Mariana Islands.
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