IB
Union Calendar No. 298
107TH CONGRESS
2D SESSION
H. R. 2388
[Report No. 107–498]
To establish the criteria and mechanism for the designation and support
of national heritage areas.
IN THE HOUSE OF REPRESENTATIVES
JUNE 28, 2001
Mr. HEFLEY introduced the following bill; which was referred to the
Committee on Resources
JUNE 11, 2002
Additional sponsor: Mr. GIBBONS
JUNE 11, 2002
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on June 28, 2001]
A BILL
To establish the criteria and mechanism for the designation
and support 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; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the ‘‘Na-
tional Heritage Areas Policy Act’’.
(b) TABLE OF CONTENTS.—The table of contents of this
Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Purposes.
Sec. 3. Definitions.
Sec. 4. Recommendation of areas for designation as national heritage areas.
Sec. 5. Requirements applicable to feasibility studies.
Sec. 6. Management plans.
Sec. 7. Grants for proposed national heritage areas.
Sec. 8. Grants to support designated national heritage areas.
Sec. 9. Technical assistance.
Sec. 10. Termination of designation.
Sec. 11. Private property protection.
Sec. 12. Relationship to other Federal programs.
Sec. 13. Savings provisions.
Sec. 14. Funding provisions.
SEC. 2. PURPOSES.
The purposes of this Act are as follows:
(1) To establish the criteria and mechanisms for
the designation of certain areas in the United States
containing nationally important natural, historic,
and cultural resources and recreational and edu-
cational opportunities that are geographically assem-
bled and thematically related as areas that provide
unique frameworks for understanding the great and
diverse character of the United States and the devel-
opment of communities and their surroundings as na-
tional heritage areas.
(2) To strengthen, complement, and support the
existing units of the National Park System through
the interpretation and conservation of the associated
living landscapes outside of the boundaries of those
units.
(3) To describe the extent of Federal responsibil-
ities and duties in regard to future national heritage
areas.
(4) To encourage collaboration and partnerships
among State and local governments, nonprofit organi-
zations, and the private sector, or combinations there-
of, to conserve and manage the resources and opportu-
nities in national heritage areas.
(5) To authorize Federal financial and technical
assistance to local coordinating entities to assist in
the conservation and interpretation of national herit-
age areas.
SEC. 3. DEFINITIONS.
In this Act:
(1) FEASIBILITY STUDY.—The term ‘‘feasibility
study’’ means a study conducted by the Secretary, or
conducted by one or more other interested parties and
approved by the Secretary in accordance with this
Act, regarding the feasibility of designating any pro-
posed national heritage area as a national heritage
area.
(2) LOCAL
COORDINATING
ENTITY.—The term
‘‘local coordinating entity’’ means, with respect to a
national heritage area—
(A) an entity recognized by the Secretary,
but only after consultation with the chief execu-
tive officer of the State in which the national
heritage area is located (or if the area is located
in more than one State, the chief executive offi-
cers of all such States), that agrees to perform
the duties of a local coordinating entity under
this Act; or
(B) a Federal commission designated by
Congress with members appointed by the Sec-
retary to perform the duties of a local coordi-
nating entity under this Act.
(3) NATIONAL HERITAGE AREA.—The term ‘‘na-
tional heritage area’’ means an area or corridor des-
ignated by an Act of Congress as a national heritage
area.
(4) PROPOSED NATIONAL HERITAGE AREA.—The
term ‘‘proposed national heritage area’’ means an
area or corridor that has been authorized by an Act
of Congress for which the Secretary has been explicitly
authorized to conduct a study to determine the suit-
ability and feasibility of designating the area or cor-
ridor as a national heritage area.
(5) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior.
(6) STATE.—The term ‘‘State’’ means each of the
Several States, the District of Columbia, Guam, the
Virgin Islands, American Samoa, the Commonwealth
of Puerto Rico, and the Commonwealth of the North-
ern Mariana Islands.
(7) UNIT
OF
LOCAL
GOVERNMENT.—The term
‘‘unit of local government’’ means the government of
a State, a political subdivision of a State, or an In-
dian tribe.
SEC. 4. RECOMMENDATION OF AREAS FOR DESIGNATION
AS NATIONAL HERITAGE AREAS.
The Secretary may recommend to Congress that an
area or corridor be designated as a national heritage area
only if, not later than 5 years after the Act explicitly au-
thorizing the Secretary to conduct a study to determine the
suitability and feasibility of designating the area or cor-
ridor as a national heritage area, the Secretary has—
(1) determined, based upon a feasibility study
conducted for the proposed national heritage area that
the area contains resources of national importance
and is suitable and appropriate for designation as a
national heritage area; and
(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).
SEC. 5. REQUIREMENTS APPLICABLE TO FEASIBILITY STUD-
IES.
(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 oppor-
tunities.
(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 sub-
section (a)(3)(A) are the following:
(1) ASSEMBLAGE OF RESOURCES.—The proposed
national heritage area is a cohesive assemblage of
natural, historic, cultural, or recreational resources
that—
(A) together represent distinctive aspects of
American heritage worthy of recognition, con-
servation, interpretation, and continuing use;
and
(B) are best managed through partnerships
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 herit-
age area provides outstanding opportunities to con-
serve natural, cultural, or historic features, or some
combination thereof.
(4) RECREATIONAL AND EDUCATIONAL OPPORTU-
NITIES.—The proposed national heritage area pro-
vides outstanding recreational and interpretive oppor-
tunities.
(5) THEMES AND INTEGRITY OF RESOURCES.—
The proposed national heritage area has an identifi-
able theme, and resources important to the theme re-
tain integrity capable of supporting interpretation.
(6) SUPPORT.—Residents, nonprofit organiza-
tions, other private entities, and units of local govern-
ment throughout the proposed national heritage area
demonstrate support through letters or other means
for designation of the proposed national heritage area
as a national heritage area and for management 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 Sec-
retary shall solicit comments from the chief executive officer
of each State in which the proposed national heritage area
is located. The Secretary shall include in the study any
comments the Secretary receives from each relevant chief ex-
ecutive officer.
(d) SUBMISSION OF FEASIBILITY STUDY.—Upon com-
pletion or approval by the Secretary of a feasibility study,
the Secretary shall submit the study to the Committee on
Resources of the House of Representatives and the Com-
mittee on Energy and Natural Resources of the Senate. The
Secretary shall include with the study the recommendations
of the Secretary with respect to the proposed designation
to which the study relates.
(e) STUDIES BY INTERESTED PARTIES.—For the pur-
poses 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 rea-
sons for the disapproval and shall make recommenda-
tions, if any, for a revision of the study. Not later
than 90 days after receipt of a revised feasibility
study, the Secretary shall approve or disapprove the
revised study. If the Secretary has not approved or
disapproved the revised study within that 90-day pe-
riod, the revised study shall be considered 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 ac-
cordance with this section. In preparing the management
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 pro-
posed national heritage area.
(2) COLLABORATION.—Collaborate with and con-
sider the interests of diverse units of government,
businesses, tourism officials, private property owners,
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 pub-
lic involvement, including public meetings at least
annually, regarding the implementation of the man-
agement 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 manage-
ment plan prepared for a proposed national heritage area
shall—
(1) present a comprehensive program for the con-
servation, interpretation, funding, management, and
development of the proposed national heritage area
and of the historical, cultural, and natural resources
and the recreational and educational opportunities of
the proposed national heritage area, in a manner
consistent with the existing local, State, and Federal
land use laws and compatible economic viability of
the proposed national heritage area;
(2) involve residents, public agencies, and pri-
vate organizations working in the proposed national
heritage area;
(3) specify and coordinate, as of the date of the
management plan, existing and potential sources of
technical and financial assistance under this and
other Federal laws to protect, manage, and develop
the proposed national heritage area; and
(4) include—
(A) actions to be undertaken by units of
government and private organizations to protect,
conserve, and interpret the resources of the pro-
posed national heritage area;
(B) an inventory of the resources contained
in the proposed national heritage area, including
a list of any property in the proposed national
heritage area that is related to the themes of the
proposed national heritage area and that is
found to merit preservation, restoration, man-
agement, development, or maintenance because of
its natural, cultural, historical, or recreational
significance;
(C) policies for resource management with
appropriate land and water management tech-
niques, including the development of intergovern-
mental cooperative agreements, private sector
agreements, or any combination thereof, to pro-
tect the historical, cultural, recreational, and
natural resources of the proposed national herit-
age area in a manner consistent with supporting
appropriate and compatible economic viability;
(D) a program for implementation of the
management plan by the designated local coordi-
nating entity, in cooperation with its partners
and units of local government;
(E) evidence that relevant State, county,
and local plans applicable to proposed national
heritage areas have been taken into consider-
ation;
(F) an analysis of ways in which local,
State, and Federal programs may best be coordi-
nated 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 proposed
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 ap-
prove the management plan for a proposed national herit-
age 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, provide
outdoor recreational opportunities and compat-
ible economic activities within the proposed na-
tional 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 ex-
ecutive officer of each State acknowledgement that
such officer is aware of the proposed national heritage
area.
(e) APPROVAL AND DISAPPROVAL OF A MANAGEMENT
PLAN.—
(1) IN GENERAL.—Not later than 90 days after
receipt of a management plan for a proposed national
heritage area, the Secretary shall approve or dis-
approve 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 proposed
national heritage area, the Secretary shall advise the
entity that submitted the management plan, in writ-
ing, of the reasons for the disapproval and shall make
recommendations for a revision of the management
plan. Not later than 90 days after receipt of a revised
management plan, the Secretary shall approve or dis-
approve the revised management plan. If the Sec-
retary has not approved or disapproved the revised
management plan within that 90-day period, the re-
vised 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 management
plan for the national heritage area; and
(B) operational expenses of the local coordi-
nating entity incurred within the first 10 fiscal
years beginning after the date of the enactment
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 Sec-
retary shall require that each grant under this section for
the improvement, restoration, or rehabilitation of real prop-
erty shall be subject to an agreement that conversion, use,
or disposal of the project assisted with the grant for pur-
poses 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 agree-
ment shall provide for a schedule for such compensation
based on the level of Federal investment and the anticipated
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 entity 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 govern-
ment 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 coordinating
entity may submit to the Secretary written comments sup-
porting 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 Sec-
retary 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 provision 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 in-
jured 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 heritage area
to participate in or be associated with the national 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 ACTIVITIES.—
The head of each Federal agency shall provide to the Sec-
retary and the local coordinating entity for a national her-
itage area, to the extent practicable, advance notice of all
activities which may have an impact on the national herit-
age area.
SEC. 13. SAVINGS PROVISIONS.
(a) RULES, REGULATIONS, STANDARDS, AND PERMIT
PROCESSES.—Except as provided in section 12(b), nothing
in this Act shall be construed to impose any environmental,
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 reservation or
appropriation of water or water rights.
(c) NO DIMINISHMENT OF STATE AUTHORITY.—Noth-
ing in this Act shall be construed to diminish the authority
of the State containing any national heritage area to man-
age fish and wildlife, including the regulation of fishing
and hunting within the national heritage area.
(d) EXISTING NATIONAL HERITAGE AREAS.—Nothing
in this Act shall affect any national heritage area so des-
ignated before the date of the enactment of this Act.
SEC. 14. FUNDING.
(a) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—There are authorized to be ap-
propriated for each fiscal year for grants and tech-
nical assistance for activities under section 8—
(A) not more than $1,000,000 for any fiscal
year for each national heritage area to remain
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 appro-
priated for each fiscal year for grants and technical
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 directed
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 ADMINISTRA-
TIVE 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 purposes.
(d) PROHIBITION ON USE OF FUNDS TO SUPPLEMENT
NATIONAL PARK SYSTEM.—No funds authorized to be ap-
propriated under this section other than those authorized
by subsection (c) may be used to supplement funding or
programs at any unit of the National Park System.
(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.