outlines the roles of all participants including the 
Federal government. 
(6) The proposal is consistent with continued 
economic activity within the area. 
(7) A conceptual boundary map has been devel-
oped and is supported by the public, and by partici-
pating Federal agencies. 
(b) CONCURRENCE
OF
AN AFFECTED FEDERAL 
AGENCY.—In undertaking a feasibility study, or in review-
ing a study undertaken by others, the Secretary should 
consult with the head of any Federal agency that manages 
lands within the proposed National Heritage Area and se-
cure the agency’s concurrence with the findings of the fea-
sibility study prior to making a determination of feasibility 
for designation. 
(c) REVIEW AND CONSULTATION.—Based upon the 
completion of a feasibility study, or upon receipt of an ac-
ceptable feasibility study conducted by others, the Sec-
retary shall— 
(1) review, comment on, and determine if the 
study meets the criteria specified in subsection (a) 
for designation as a National Heritage Area; and 
(2) consult with the Governor of any State and 
with Tribal governments in which the proposed Na-
tional Heritage Area is located. 
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(d) TRANSMITTAL
AND
RECOMMENDATION.—The 
Secretary— 
(1) shall transmit the study, including any com-
ments received from the Governor of any State and 
Tribal government in which the proposed National 
Heritage Area is located, to the Committee on Re-
sources of the House of Representatives and the 
Committee on Energy and Natural Resources of the 
United States Senate with a finding as to whether 
or not the proposed National Heritage Area meets 
the criteria for designation and the reasons for that 
determination; and 
(2) may transmit a letter, providing a rec-
ommendation concerning designation of the proposed 
National Heritage Area. Such a recommendation 
may be based on the budgetary impact of the des-
ignation or any other factor unrelated to the criteria. 
SEC. 6. DESIGNATION. 
(a) IN GENERAL.—The designation of a National 
Heritage Area shall be— 
(1) by Act of Congress; and 
(2) contingent on the prior completion of a fea-
sibility study and an affirmative determination by 
the Secretary that the area meets the criteria estab-
lished under section 5(a). 
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(b) COMPONENT OF THE SYSTEM.—Any National 
Heritage Area designated under subsection (a) shall be a 
component of the National Heritage Areas System estab-
lished in section 4. 
SEC. 7. MANAGEMENT PLANS. 
(a) REQUIREMENTS.—The management plan for any 
National Heritage Area shall— 
(1) describe comprehensive policies, goals, strat-
egies, and recommendations for telling the story of 
the region’s heritage and encouraging long-term re-
source 
protection, 
enhancement, 
interpretation, 
funding, management, and development of the Na-
tional Heritage Area; 
(2) include a description of actions and commit-
ments that governments, private organizations, and 
citizens will take to protect, enhance, and interpret 
the natural, historic, scenic, and cultural resources 
of the National Heritage Area; 
(3) specify existing and potential sources of 
funding or economic development strategies to pro-
tect, enhance, interpret, fund, manage, and develop 
the National Heritage Area; 
(4) include an inventory of the natural, histor-
ical, cultural, educational, scenic, and recreational 
resources of the National Heritage Area related to 
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the stories and themes of the region that should be 
protected, enhanced, managed or developed; 
(5) recommend policies and strategies for re-
source management including, but not limited to, the 
development of intergovernmental and interagency 
agreements to protect the National Heritage Area’s 
natural, historical, cultural, educational, scenic, and 
recreational resources; 
(6) describe a program of implementation for 
the management plan including: performance goals; 
plans for resource protection, enhancement, interpre-
tation; and specific commitments for implementation 
that have been made by the local coordinating entity 
or any government, organization, business, or indi-
vidual; 
(7) include an analysis and recommendations 
for ways in which local, State, tribal, and Federal 
programs may best be coordinated, including the 
role of the National Park Service and other Federal 
agencies associated with the National Heritage Area, 
to further the purposes of this Act; and 
(8) include a business plan that— 
(A) describes the role, operation, financing, 
and functions of the local coordinating entity 
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and of each of the major activities contained in 
the management plan; and 
(B) provides adequate assurances that the 
local coordinating entity has the partnerships, 
and financial and other resources necessary to 
implement the management plan for the Na-
tional Heritage Area. 
(b) DEADLINE AND TERMINATION OF FUNDING.— 
(1) DEADLINE.—The local coordinating entity 
shall submit the management plan to the Secretary 
for approval within 3 years from the date when any 
funds are made available for this purpose after des-
ignation as a National Heritage Area. 
(2) TERMINATION OF FUNDING.—If the man-
agement plan is not submitted to the Secretary in 
accordance with this subsection, the local coordi-
nating entity shall not qualify for any additional fi-
nancial assistance under this Act until such time as 
the management plan is submitted to and approved 
by the Secretary. 
(c) APPROVAL OF MANAGEMENT PLAN.— 
(1) REVIEW.—Based upon the criteria in para-
graph (3), the Secretary shall review and approve or 
disapprove the management plan for a National 
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Heritage Area not later than 180 days after receiv-
ing the management plan. 
(2) CONSULTATION.—The Secretary shall con-
sult with the Governor of any State and tribal gov-
ernment in which the National Heritage Area is lo-
cated prior to approving any management plan. 
(3) CRITERIA FOR APPROVAL.—In determining 
whether to approve the management plan, the Sec-
retary shall consider whether— 
(A) the local coordinating entity is rep-
resenting the diverse interests of the National 
Heritage Area including governments, natural 
and historic resource protection organizations, 
educational institutions, businesses, recreational 
organizations, community residents, and private 
property owners; 
(B) the local coordinating entity has af-
forded adequate opportunity, workshops and 
hearings, for public and governmental involve-
ment in the preparation of the management 
plan, and includes provisions for at least semi- 
annual public meetings to assure adequate im-
plementation of the management plan; 
(C) the resource protection and interpreta-
tion strategies contained in the management 
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plan, if implemented, would adequately protect, 
enhance and interpret the natural, historic, sce-
nic, and cultural resources of the National Her-
itage Area; 
(D) the management plan would not ad-
versely affect any activities authorized on Fed-
eral or Tribal lands under applicable laws or 
pursuant to land use plans; 
(E) the local coordinating entity has dem-
onstrated financial capability, in partnership 
with others, to carry out the management plan; 
(F) the Secretary has received adequate 
assurances from the appropriate State and local 
officials and Tribal governments whose support 
is needed to ensure the effective implementation 
of the State, Tribal, and local aspects of the 
management plan; and 
(G) the management plan demonstrates 
partnerships among the local coordinating enti-
ty, Federal, Tribal, State, or local governments, 
regional planning organizations, non-profit or-
ganizations, or private-sector parties for imple-
mentation of the management plan. 
(4) ACTION FOLLOWING DISAPPROVAL.—If the 
Secretary disapproves the management plan, the 
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Secretary shall advise the local coordinating entity in 
writing of the reasons and may make recommenda-
tions for revisions to the management plan. The Sec-
retary shall approve or disapprove a proposed revi-
sion within 180 days after receiving the revised man-
agement plan. 
(5) AMENDMENTS.—Amendments to the man-
agement plan that substantially alter the purposes of 
the National Heritage Area shall be reviewed by the 
Secretary and approved in the same manner as pro-
vided for in the original management plan. The local 
coordinating entity shall not use Federal funds au-
thorized by this Act to implement any amendments 
until the Secretary has approved the amendments. 
SEC. 8. LOCAL COORDINATING ENTITIES. 
(a) DUTIES.—To further the purposes of the Na-
tional Heritage Area, the local coordinating entity shall— 
(1) prepare and submit a management plan for 
the National Heritage Area to the Secretary in ac-
cordance with section 7 of this Act; 
(2) submit an annual report to the Secretary 
for any fiscal year in which it receives Federal funds 
under this Act, setting forth its specific performance 
goals and accomplishments, expenses and income, 
amounts and sources of matching funds, the 
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amounts leveraged with Federal funds and sources 
of such leveraging, and grants made to any other en-
tities during the year for which the report is made; 
(3) make available for audit for any fiscal year 
in which it receives Federal funds under this Act, all 
information pertaining to the expenditure of such 
funds and any matching funds; and 
(4) encourage by appropriate means economic 
viability and sustainability that is consistent with 
the purposes of the National Heritage Area. 
(b) AUTHORITIES.—The local coordinating entity 
may, subject to the prior approval of the Secretary, for 
the purposes of preparing and implementing the approved 
management plan for the National Heritage Area, use 
Federal funds made available through this Act to— 
(1) make grants to political jurisdictions, non-
profit organizations, and other parties within the 
National Heritage Area; 
(2) enter into cooperative agreements with or 
provide technical assistance to political jurisdictions, 
nonprofit organizations, Federal agencies, and other 
interested parties; 
(3) hire and compensate staff which shall in-
clude individuals with expertise in natural, cultural, 
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and historic resources conservation; economic and 
community development; and heritage planning; 
(4) obtain money or services from any source 
including any that are provided under other Federal 
laws or programs; 
(5) contract for goods or services; and 
(6) support activities of partners and any other 
activities that further the purposes of the National 
Heritage Area and are consistent with the approved 
management plan. 
(c) PROHIBITIONS ON THE ACQUISITION OF REAL 
PROPERTY.—The local coordinating entity may not use 
Federal funds received under this Act to acquire any inter-
est in real property. 
SEC. 9. RELATIONSHIP TO OTHER FEDERAL AGENCIES. 
(a) This Act shall not affect the authority of any Fed-
eral official to provide technical or financial assistance 
under any other law. 
(b) The head of any Federal agency planning to con-
duct activities that may have an impact on a designated 
National Heritage Area is encouraged to consult and co-
ordinate these activities with the Secretary and the local 
coordinating entity to the extent practicable. 
(c) This Act shall not modify any law or regulation 
authorizing Federal officials to manage Federal land 
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under their control or limit the discretion of Federal land 
managers to implement approved land use plans within 
the boundaries of a National Heritage Area, nor shall this 
Act be construed to modify, alter or amend any authorized 
uses of these Federal lands. 
SEC. 10. PROPERTY OWNERS AND REGULATORY PROTEC-
TIONS. 
Nothing in this Act shall be construed to— 
(a) abridge the rights of any property owner, whether 
public or private, including the right to refrain from par-
ticipating in any plan, project, program, or activity con-
ducted within the National Heritage Area; 
(b) require any property owner to permit public ac-
cess (including Federal, tribal, State, or local government 
access) to such property or to modify any provisions of 
Federal, tribal, State, or local law with regard to public 
access or use of private lands; 
(c) alter any duly adopted land use regulation or any 
approved land use plan or any other regulatory authority 
of any Federal, State, or local agency or Tribal govern-
ment, or to convey any land use or other regulatory au-
thority to any local coordinating entity; 
(d) authorize or imply the reservation or appropria-
tion of water or water rights; 
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(e) diminish the authority of the State to manage fish 
and wildlife including the regulation of fishing and hunt-
ing within the National Heritage Area; or 
(f) 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. 
SEC. 11. PARTNERSHIP SUPPORT. 
(a) TECHNICAL ASSISTANCE.—Upon termination of 
the 15-year period for which assistance is provided under 
section 12(a), the Secretary may continue to provide tech-
nical assistance, as authorized under section 4, to a Na-
tional Heritage Area upon the request of the local coordi-
nating entity. 
(b) GRANT ASSISTANCE.—Regardless of whether fi-
nancial assistance has been terminated under section 
12(a), a National Heritage Area may receive financial as-
sistance under any grant program funded through the 
Historic Preservation Fund, including the Save America’s 
Treasures program and the Preserve America program, or 
under any grant program funded through any other source 
of funding, provided that the National Heritage Area 
meets the eligibility requirements of such programs. 
SEC. 12. FUNDING. 
(a) AUTHORIZATION OF APPROPRIATIONS.— 
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(1) There are authorized to be appropriated to 
carry out the 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) The authority of the Secretary to provide fi-
nancial assistance in section 4(e) to a local coordi-
nating entity (excluding technical assistance and ad-
ministrative oversight) shall terminate 15 years after 
the date of enactment of the law designating a Na-
tional Heritage Area. 
(3) In addition to amounts authorized in para-
graph (1), there is authorized to be appropriated to 
the Secretary to conduct feasibility studies by the 
National Park Service in accordance with the provi-
sions of section 5, not more than $750,000 for any 
fiscal year, with not more than $250,000 used for 
any one feasibility study for a proposed National 
Heritage Area. 
(b) MATCHING FUNDS.—As a condition of providing 
financial assistance under section 4(e) to a local coordi-
nating entity, the Secretary shall require the recipient to 
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provide matching funds equal to the amount of the finan-
cial assistance. 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) ADMINISTRATIVE.—Not more than 5 percent of 
the funds made available under subsection (a)(1) for a fis-
cal year may be used by the Secretary for technical assist-
ance, oversight, and administrative purposes. 
Æ 
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