I
104TH CONGRESS
2D SESSION
H. R. 3305
To recognize the heritage of certain areas of the United States, and for
other purposes.
IN THE HOUSE OF REPRESENTATIVES
APRIL 24, 1996
Mr. HEFLEY introduced the following bill; which was referred to the
Committee on Resources
A BILL
To recognize the heritage of certain areas of the United
States, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘National Heritage Areas Act of 1996’’.
(b) TABLE OF CONTENTS.—The table of contents for
this Act is as follows:
Sec. 1. Short title and table of contents.
Sec. 2. Statement of purpose.
Sec. 3. Definitions.
TITLE I—NATIONAL HERITAGE AREAS PROGRAM
Sec. 101. Criteria for designation.
Sec. 102. Designation of National Heritage Areas.
Sec. 103. National Heritage Areas Partnership Program.
Sec. 104. Feasibility studies, compacts, and heritage plans.
Sec. 105. Management entities.
Sec. 106. Withdrawal of designation.
Sec. 107. Private property protection.
Sec. 108. Effect on environmental and other standards.
Sec. 109. Multiple use savings clause.
Sec. 110. Savings provision for previously designated areas.
Sec. 111. Report.
Sec. 112. Authorization of appropriations.
Sec. 113. Expiration of grant and technical assistance authority.
TITLE II—DESIGNATION OF NATIONAL HERITAGE AREAS
Sec. 201. Essex National Heritage Area.
Sec. 202. Ohio & Erie Canal National Heritage Area.
Sec. 203. Augusta Canal National Heritage Corridor.
Sec. 204. Vancouver National Historic Reserve.
Sec. 205. Steel Industry National Heritage Area.
Sec. 206. South Carolina National Heritage Corridor.
Sec. 207. Tennessee Civil War National Heritage Area.
Sec. 208. Cache La Poudre National Heritage Area.
TITLE III—STUDIES OF POTENTIAL NATIONAL HERITAGE AREAS
Sec. 301. Study of Puente-Chino Hills Heritage Corridor.
Sec. 302. Study of Great Northern Frontier National Heritage Area.
TITLE IV—AMENDMENTS TO EXISTING HERITAGE CORRIDORS
Sec. 401. Blackstone River National Heritage Corridor.
Sec. 402. Illinois and Michigan Canal National Heritage Corridor.
SEC. 2. STATEMENT OF PURPOSE.
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 surround-
ings;
(2) to encourage State and local governments,
nonprofit organizations, and the private sector, or
combinations thereof, to conserve and manage those
resources and opportunities with the assistance of a
program of limited Federal grants and technical as-
sistance;
(3) to encourage within these areas a broad
range of economic opportunities which enhance the
quality of life for present and future generations;
and
(4) to prescribe the process by which areas may
be designated as National Heritage Areas, define the
limited role of the Federal government, and outline
the parameters under which National Heritage
Areas will be operated.
SEC. 3. DEFINITIONS.
For purposes of this Act:
(1) COMPACT.—The term ‘‘compact’’ means an
agreement described in section 104(b).
(2) FEASIBILITY STUDY.—The term ‘‘feasibility
study’’ means a study, described in section 104(a),
to identify significant resources of, and a possible
management entity for, a potential National Herit-
age Area.
(3) HERITAGE
PLAN.—The term ‘‘heritage
plan’’ means a plan described in section 104(c).
(4) INDIAN TRIBE.—The term ‘‘Indian tribe’’
means any Indian tribe, band, nation, pueblo, or
other organized group or community, which is recog-
nized as eligible for the special programs and serv-
ices provided by the United States to Indians be-
cause of their status as Indians.
(5) LEGISLATIVE DAY.—The term ‘‘legislative
day’’ means any calendar day on which both Houses
of the Congress are in session.
(6) MANAGEMENT ENTITY.—The term ‘‘man-
agement entity’’ means the entity designated in the
compact for a National Heritage Area and described
in section 105(a).
(7) 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.
(8) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior.
(9) TECHNICAL ASSISTANCE.—The term ‘‘tech-
nical assistance’’ includes—
(A) assistance by the Secretary in the
preparation of heritage plans, compacts, re-
source inventories, and feasibility studies; and
(B) professional guidance provided by the
Secretary.
(10) UNIT OF GOVERNMENT.—The term ‘‘unit
of government’’ means the government of a State or
Commonwealth, a political subdivision of a State or
Commonwealth, or an Indian tribe.
TITLE I—NATIONAL HERITAGE
AREAS PROGRAM
SEC. 101. 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 public and private 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—
(A) demonstrate support for designation of
the area and for management of the area as ap-
propriate for such designation, and
(B) are willing to commit to the implemen-
tation of the compact for the area.
SEC. 102. DESIGNATION OF NATIONAL HERITAGE AREAS.
(a) METHOD OF DESIGNATION.—An area may be
designated as a National Heritage Area only by an Act
of Congress.
(b) CONDITIONS FOR DESIGNATION.—The Congress
may designate an area as a National Heritage Area only
after each of the following conditions is met:
(1) SUBMISSION OF STUDY AND COMPACT TO
SECRETARY.—An entity meeting the requirements of
section 105(a) and requesting National Heritage
Area designation for the area submits to the Sec-
retary—
(A) a feasibility study, and
(B) a proposed compact for the area,
signed by the Governor of each State in which
the area is located.
(2) SIGNATURE
AND
SUBMISSION
BY
SEC-
RETARY.—The Secretary—
(A) signs, pursuant to section 103(c)(2),
the compact for the area; and
(B) submits the feasibility study for the
area and the signed compact to the Congress,
together with a clear statement regarding a pre-
ferred action.
SEC. 103. NATIONAL HERITAGE AREAS PARTNERSHIP PRO-
GRAM.
(a) ESTABLISHMENT.—In order to conserve nation-
ally distinctive natural, historic, scenic, and cultural re-
sources, and to provide opportunities for conservation, eco-
nomic enhancement, education, and recreation through
recognition of and assistance to areas containing such re-
sources, there is hereby established within the Department
of the Interior a National Heritage Areas Partnership
Program, which shall assist the Secretary in carrying out
this Act.
(b) GRANTS AND TECHNICAL ASSISTANCE.—
(1) GRANTS.—
(A) IN
GENERAL.—The Secretary may
make grants for the purposes of this title to
any unit of government and to any management
entity. The Secretary shall allocate grants
under this title based on the relative degree to
which each National Heritage Area or prospec-
tive National Heritage Area effectively fulfills
the objectives contained in the heritage plan for
the area (or the compact for the area, if no her-
itage plan has been forwarded under section
105) and achieves the purposes of this title. In
making such allocations, the Secretary shall
also give consideration to projects which provide
a greater leverage of Federal funds.
(B) PERMITTED
AND
PROHIBITED
USES
OF GRANTS.—
(i) PERMITTED USES.—Grants made
under this section may be used for reports,
feasibility and other studies, development
of compacts, interpretive exhibits, historic
preservation projects, construction of cul-
tural, recreational, and interpretive facili-
ties that are open to the public, and such
other expenditures as are consistent with
this title.
(ii) PROHIBITED USES.—Grants made
under this section may not be used for—
(I) ongoing operational expenses
of any management entity (other than
operational expenses for the first 3
fiscal years beginning after the date
of the designation of the relevant Na-
tional Heritage Area); or
(II) acquisition of real property
or any interest in real property.
(C) APPLICABILITY OF RESTRICTIONS TO
SUBGRANTS.—For purposes of subparagraph
(B), any subgrant made from funds received as
a grant (or subgrant) made under this section
shall be treated as a grant made under this sec-
tion.
(D) PROTECTION
OF
FEDERAL
INVEST-
MENT.—Any grant made under this section
shall be subject to an agreement that conver-
sion, use, or disposal of the project so assisted
for purposes contrary to the purposes of this
Act, as determined by the Secretary, shall re-
sult in a right of the United States to com-
pensation equal to the greater of—
(i) all Federal funds made available to
such project under this Act; or
(ii) the proportion of the increased
value of the project attributable to such
funds, as determined at the time of such
conversion, use, or disposal.
(2) TECHNICAL
ASSISTANCE.—The Secretary
may provide technical assistance with respect to this
title.
(3) DURATION
OF
ELIGIBILITY
FOR
GRANTS
AND TECHNICAL ASSISTANCE.—The Secretary may
not provide any grant, and may provide only limited
technical assistance, under this title with respect to
any National Heritage Area for any period occurring
after the expiration of the 10-year period beginning
on the date on which the National Heritage Area is
designated.
(4) DISQUALIFICATION
FOR
FEDERAL
FUND-
ING.—If a heritage plan meeting the requirements of
section 104(c) is not forwarded to the Secretary for
a National Heritage Area as required under section
105(b)(1) within the time specified in section
105(b)(1), the Secretary may not, after such time,
provide technical assistance or grants under this
title with respect to the National Heritage Area
until such a heritage plan for the National Heritage
Area is developed and forwarded to the Secretary.
(5) PREVIOUSLY EXISTING HERITAGE AREAS.—
The Secretary may provide grants and technical as-
sistance under this section 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