I 
109TH CONGRESS 
1ST SESSION 
H. R. 760 
To establish a program and criteria for National Heritage Areas in the 
United States, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 10, 2005 
Mr. HEFLEY introduced the following bill; which was referred to the 
Committee on Resources 
A BILL 
To establish a program and criteria for National Heritage 
Areas in 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; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘National Heritage Partnership Act’’. 
(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Definitions. 
Sec. 3. National Heritage Areas program. 
Sec. 4. Studies. 
Sec. 5. Management plans. 
Sec. 6. Local coordinating entities. 
Sec. 7. Relationship to other Federal agencies.
Sec. 8. Private property and regulatory protections. 
Sec. 9. Authorization of appropriations. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) LOCAL COORDINATING ENTITY.—The term 
‘‘local coordinating entity’’ means the entity des-
ignated by Congress— 
(A) to develop, in partnership with others, 
the management plan for a National Heritage 
Area; and 
(B) to act as a catalyst for the implemen-
tation of projects and programs among diverse 
partners in the National Heritage Area. 
(2) MANAGEMENT PLAN.—The term ‘‘manage-
ment plan’’ means the plan prepared by the local co-
ordinating entity for a National Heritage Area des-
ignated by Congress that specifies actions, policies, 
strategies, performance goals, and recommendations 
to meet the goals of the National Heritage Area, in 
accordance with section 5. 
(3) NATIONAL
HERITAGE
AREA.—The term 
‘‘National Heritage Area’’ means an area designated 
by Congress that is nationally important to the her-
itage of the United States and meets the criteria es-
tablished under section 4(a).
(4) NATIONAL
IMPORTANCE.—The term ‘‘na-
tional importance’’ means possession of— 
(A) unique natural, historical, cultural, 
educational, scenic, or recreational resources of 
exceptional value or quality; and 
(B) a high degree of integrity of location, 
setting, or association in illustrating or inter-
preting the heritage of the United States. 
(5) PROGRAM.—The term ‘‘program’’ means 
the National Heritage Areas program established 
under section 3(a). 
(6) PROPOSED
NATIONAL
HERITAGE
AREA.— 
The term ‘‘proposed National Heritage Area’’ means 
an area under study by the Secretary or other par-
ties for potential designation by Congress as a Na-
tional Heritage Area. 
(7) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(8) STUDY.—The term ‘‘study’’ means a study 
conducted by the Secretary, or conducted by 1 or 
more other interested parties and reviewed by the 
Secretary, in accordance with the criteria and proc-
esses established under section 4, to determine 
whether an area meets the criteria to be designated 
as a National Heritage Area by Congress.
SEC. 3. NATIONAL HERITAGE AREAS PROGRAM. 
(a) IN GENERAL.—The Secretary shall establish a 
National Heritage Areas program under which the Sec-
retary shall provide technical and financial assistance to 
local coordinating entities to support the establishment of 
National Heritage Areas. 
(b) DUTIES.—Under the program, the Secretary 
shall— 
(1)(A) conduct studies, as directed by Congress, 
to assess the suitability and feasibility of designating 
proposed National Heritage Areas; or 
(B) review and comment on studies undertaken 
by other parties to make such assessment; 
(2) provide technical assistance, on a reimburs-
able or non-reimbursable basis (as determined by the 
Secretary), for the development and implementation 
of management plans for designated National Herit-
age Areas; 
(3) enter into cooperative agreements with in-
terested parties to carry out this Act; 
(4) 
provide 
information, 
promote 
under-
standing, and encourage research on National Herit-
age Areas in partnership with local coordinating en-
tities; 
(5) provide national oversight, analysis, coordi-
nation, and technical assistance and support to en-
sure consistency and accountability under the pro-
gram; and 
(6) submit annually to the Committee on Re-
sources of the House of Representatives and the 
Committee on Energy and Natural Resources of the 
Senate a report describing the allocation and ex-
penditure of funds for activities conducted with re-
spect to National Heritage Areas under this Act. 
SEC. 4. STUDIES. 
(a) CRITERIA.—In conducting or reviewing a study, 
the Secretary shall apply the following criteria to deter-
mine the suitability and feasibility of designating a pro-
posed National Heritage Area: 
(1) An area— 
(A) has an assemblage of natural, historic, 
cultural, educational, scenic, or recreational re-
sources that together are nationally important 
to the heritage of the United States; 
(B) represents distinctive aspects of the 
heritage of the United States worthy of recogni-
tion, conservation, interpretation, and con-
tinuing use; 
(C) is best managed as such an assemblage 
through partnerships among public and private 
entities at the local or regional level;
(D) reflects traditions, customs, beliefs, 
and folklife that are a valuable part of the her-
itage of the United States; 
(E) provides outstanding opportunities to 
conserve natural, historical, cultural, or scenic 
features; 
(F) provides outstanding recreational or 
educational opportunities; and 
(G) has resources and traditional uses that 
have national importance. 
(2) Residents, business interests, nonprofit or-
ganizations, and governments (including relevant 
Federal land management agencies) within the pro-
posed area are involved in the planning and have 
demonstrated significant support through letters and 
other means for National Heritage Area designation 
and management. 
(3) The local coordinating entity responsible for 
preparing and implementing the management plan is 
identified. 
(4) The proposed local coordinating entity and 
units of government supporting the designation are 
willing and have documented a significant commit-
ment to work in partnership to protect, enhance, in-
terpret, fund, manage, and develop resources within 
the National Heritage Area. 
(5) The proposed local coordinating entity has 
developed a conceptual financial plan that outlines 
the roles of all participants (including the Federal 
Government) in the management of the National 
Heritage Area. 
(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 partici-
pating Federal agencies. 
(b) CONSULTATION.—In conducting or reviewing a 
study, the Secretary shall consult with the managers of 
any Federal land within the proposed National Heritage 
Area and secure the concurrence of the managers with the 
findings of the study before making a determination for 
designation. 
(c) TRANSMITTAL.—On completion or receipt of a 
study for a National Heritage Area, the Secretary shall— 
(1) review, comment, and make findings (in ac-
cordance with the criteria specified in subsection (a)) 
on the feasibility of designating the National Herit-
age Area;
(2) consult with the Governor of each State in 
which the proposed National Heritage Area is lo-
cated; and 
(3) transmit to the Committee on Resources of 
the House of Representatives and the Committee on 
Energy and Natural Resources of the Senate, the 
study, including— 
(A) any comments received from the Gov-
ernor of each State in which the proposed Na-
tional Heritage Area is located; and 
(B) a finding as to whether the proposed 
National Heritage Area meets the criteria for 
designation. 
(d) DISAPPROVAL.—If the Secretary determines that 
any proposed National Heritage Area does not meet the 
criteria for designation, the Secretary shall include within 
the study submitted under subsection (c)(3) a description 
of the reasons for the determination. 
(e) DESIGNATION.—The designation of a National 
Heritage Area shall be— 
(1) by Act of Congress; and 
(2) contingent on the prior completion of a 
study and an affirmative determination by the Sec-
retary that the area meets the criteria established 
under subsection (a).
SEC. 5. 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 heritage of the area covered by the National 
Heritage Area and encouraging long-term resource 
protection, enhancement, interpretation, funding, 
management, and development of the National Her-
itage Area; 
(2) include a description of actions and commit-
ments that governments, private organizations, and 
citizens will take to protect, enhance, interpret, fund, 
manage, and develop the natural, historical, cultural, 
educational, scenic, and recreational 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 
the national importance and themes of the National 
Heritage Area that should be protected, enhanced, 
interpreted, managed, funded, and developed;
(5) recommend policies and strategies for re-
source management, including the development of 
intergovernmental and interagency agreements to 
protect, enhance, interpret, fund, manage, and de-
velop the natural, historical, cultural, educational, 
scenic, and recreational resources of the National 
Heritage Area; 
(6) describe a program for implementation for 
the management plan, including— 
(A) performance goals; 
(B) plans for resource protection, enhance-
ment, interpretation, funding, management, and 
development; and 
(C) specific commitments for implementa-
tion that have been made by the local coordi-
nating entity or any government agency, organi-
zation, business, or individual; 
(7) include an analysis of, and recommenda-
tions for, means by which Federal, State, and local 
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 
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.— 
(1) IN GENERAL.—Not later than 3 years after 
the date on which funds are first made available to 
develop the management plan after designation as a 
National Heritage Area, the local coordinating entity 
shall submit the management plan to the Secretary 
for approval. 
(2) TERMINATION OF FUNDING.—If the man-
agement plan is not submitted to the Secretary in 
accordance with paragraph (1), 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.—Not later than 180 days after re-
ceiving the plan, the Secretary shall review and ap-
prove or disapprove the management plan for a Na-
tional Heritage Area on the basis of the criteria es-
tablished under paragraph (3). 
(2) CONSULTATION.—The Secretary shall con-
sult with the Governor of each State in which the 
National Heritage Area is located before approving 
a management plan for the National Heritage Area. 
(3) CRITERIA FOR APPROVAL.—In determining 
whether to approve a management plan for a Na-
tional Heritage Area, the Secretary shall consider 
whether— 
(A) the local coordinating entity represents 
the diverse interests of the National Heritage 
Area, including governments, natural and his-
toric resource protection organizations, edu-
cational institutions, businesses, recreational or-
ganizations, community residents, and private 
property owners; 
(B) the local coordinating entity— 
(i) has afforded adequate opportunity 
for public and governmental involvement 
(including through workshops and hear-
ings) in the preparation of the manage-
ment plan; and 
(ii) provides for at least semiannual 
public meetings to ensure adequate imple-
mentation of the management plan; 
(C) the resource protection, enhancement, 
interpretation, funding, management, and de-
velopment strategies described in the manage-
ment plan, if implemented, would adequately 
protect, enhance, interpret, fund, manage, and 
develop the natural, historic, cultural, edu-
cational, scenic, and recreational resources of 
the National Heritage Area; 
(D) the management plan would not ad-
versely affect any activities authorized on Fed-
eral land under public land laws or land use 
plans; 
(E) the local coordinating entity has dem-
onstrated the financial capability, in partner-
ship with others, to carry out the plan; 
(F) the Secretary has received adequate 
assurances from the appropriate State and local 
officials whose support is needed to ensure the 
effective implementation of the State and local 
elements of the management plan; and
(G) the management plan demonstrates 
partnerships among the local coordinating enti-
ty, Federal, State, and local governments, re-
gional planning organizations, nonprofit organi-
zations, or private sector parties for implemen-
tation of the management plan. 
(4) DISAPPROVAL.— 
(A) IN
GENERAL.—If the Secretary dis-
approves the management plan, the Secretary— 
(i) shall advise the local coordinating 
entity in writing of the reasons for the dis-
approval; and 
(ii) may make recommendations to the 
local coordinating entity for revisions to 
the management plan. 
(B) DEADLINE.—Not later than 180 days 
after receiving a revised management plan, the 
Secretary shall approve or disapprove the re-
vised management plan. 
(5) AMENDMENTS.— 
(A) IN GENERAL.—An amendment to the 
management plan that substantially alters the 
purposes of the National Heritage Area shall be 
reviewed by the Secretary and approved or dis-
approved in the same manner as the original 
management plan. 
(B) IMPLEMENTATION.—The local coordi-
nating entity shall not use Federal funds au-
thorized by this Act to implement an amend-
ment to the management plan until the Sec-
retary approves the amendment. 
SEC. 6. LOCAL COORDINATING ENTITIES. 
(a) DUTIES.—To further the purposes of the Na-
tional Heritage Area, the local coordinating entity shall— 
(1) prepare a management plan for the Na-
tional Heritage Area, and submit the management 
plan to the Secretary, in accordance with section 5; 
(2) submit an annual report to the Secretary 
for each fiscal year for which the local coordinating 
committee receives Federal funds under this Act, 
specifying— 
(A) the specific performance goals and ac-
complishments of the local coordinating com-
mittee; 
(B) the expenses and income of the local 
coordinating committee; 
(C) the amounts and sources of matching 
funds;
(D) the amounts leveraged with Federal 
funds and sources of the leveraging; and 
(E) grants made to any other entities dur-
ing the fiscal year; 
(3) make available for audit for each fiscal year 
for which the local coordinating entity receives Fed-
eral funds under this Act, all information pertaining 
to the expenditure of the funds and any matching 
funds; and 
(4) encourage economic viability and sustain-
ability that is consistent with the purposes of the 
National Heritage Area. 
(b) AUTHORITIES.—For the purposes of preparing 
and implementing the approved management plan for the 
National Heritage Area, the local coordinating entity may 
use Federal funds made available under 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, including individ-
uals with expertise in—
(A) natural, historical, cultural, edu-
cational, scenic, and recreational resource con-
servation; 
(B) economic and community development; 
and 
(C) heritage planning; 
(4) obtain funds or services from any source, 
including 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) PROHIBITION ON ACQUISITION OF REAL PROP-
ERTY.—The local coordinating entity may not use Federal 
funds authorized under this Act to acquire any interest 
in real property. 
SEC. 7. RELATIONSHIP TO OTHER FEDERAL AGENCIES. 
(a) IN GENERAL.—Nothing in this Act affects the au-
thority of a Federal agency to provide technical or finan-
cial assistance under any other law. 
(b) CONSULTATION AND COORDINATION.—The head 
of any Federal agency planning to conduct activities that 
may have an impact on a National Heritage Area is en-
couraged to consult and coordinate the activities with the
Secretary and the local coordinating entity to the max-
imum extent practicable. 
(c) OTHER FEDERAL AGENCIES.—Nothing in this 
Act— 
(1) modifies, alters, or amends any law or regu-
lation authorizing a Federal agency to manage Fed-
eral land under the jurisdiction of the Federal agen-
cy; 
(2) limits the discretion of a Federal land man-
ager to implement an approved land use plan within 
the boundaries of a National Heritage Area; or 
(3) modifies, alters, or amends any authorized 
use of Federal land under the jurisdiction of a Fed-
eral agency. 
SEC. 8. PRIVATE PROPERTY AND REGULATORY PROTEC-
TIONS. 
Nothing in this Act— 
(1) abridges the rights of any property owner 
(whether public or private), including the right to re-
frain from participating in any plan, project, pro-
gram, or activity conducted within the National Her-
itage Area; 
(2) requires any property owner to permit pub-
lic access (including access by Federal, State, or 
local agencies) to the property of the property