I 
112TH CONGRESS 
2D SESSION 
H. R. 4099 
To authorize a National Heritage Area Program, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 28, 2012 
Mr. DENT (for himself, Mr. TONKO, Mr. BARLETTA, Mrs. CHRISTENSEN, Mr. 
CONNOLLY of Virginia, Mr. CRITZ, Mr. DINGELL, Mr. DOYLE, Mr. 
ENGEL, Mr. FITZPATRICK, Mr. GERLACH, Mr. GIBSON, Mr. GRIJALVA, 
Mr. HANNA, Ms. HAYWORTH, Mr. HINCHEY, Mr. HOLDEN, Mr. HOLT, 
Mr. JOHNSON of Georgia, Ms. KAPTUR, Mr. LATOURETTE, Mrs. LOWEY, 
Mr. MARINO, Mr. MEEHAN, Mr. PLATTS, Mr. RYAN of Ohio, Mr. TIER-
NEY, Ms. TSONGAS, Mr. PASTOR of Arizona, and Mr. MCGOVERN) intro-
duced the following bill; which was referred to the Committee on Natural 
Resources 
A BILL 
To authorize a National Heritage Area Program, 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 Area Act of 2012’’. 
(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows: 
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Sec. 1. Short title; table of contents. 
Sec. 2. Findings and purposes. 
Sec. 3. Definitions. 
Sec. 4. National Heritage Areas System. 
Sec. 5. Feasibility studies. 
Sec. 6. Management plan. 
Sec. 7. Designation. 
Sec. 8. Evaluation. 
Sec. 9. Local coordinating entities. 
Sec. 10. Relationship to other Federal agencies. 
Sec. 11. Property owners and regulatory protections. 
Sec. 12. Funding. 
Sec. 13. Sunset. 
SEC. 2. FINDINGS AND PURPOSES. 
(a) FINDINGS.—The Congress finds the following: 
(1) Certain areas of the United States tell na-
tionally significant stories; they illustrate significant 
aspects of our heritage; possess exceptional natural, 
cultural, scenic, and historic resources; and rep-
resent the diversity of our national character. 
(2) In these areas, the interaction of natural 
processes, geography, history, cultural traditions, 
and economic and social forces form distinctive land-
scapes that should be recognized, conserved, en-
hanced, and interpreted to improve the quality of life 
in the regions and to provide opportunities for public 
appreciation, education, enjoyment, and economic 
sustainability. 
(3) Local initiatives based on community and 
regional visions, involving public/private partner-
ships, are critical to conserving, enhancing, and in-
terpreting natural, historic, scenic, and cultural re-
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sources related to our American heritage. These ini-
tiatives should be encouraged and supported by the 
Federal Government with the concurrence of the rel-
evant Federal land management agencies and tribal 
governments by providing financial and technical as-
sistance. 
(4) Partnerships among Federal, State, tribal, 
and local governments, nonprofit organizations, the 
private sector, and citizens provide the most viable 
framework to recognize, conserve, enhance, and in-
terpret the resources of places that have made im-
portant contributions to the national story. 
(5) Communities and regions need assistance to 
set resource stewardship and interpretive goals, and 
to implement strategies for resource conservation 
and renewed economic viability in these areas. 
(6) A unified national process as well as certain 
standards for designation of National Heritage 
Areas need to be established to provide a consistent 
framework. The process should include a system for 
approval of heritage area management plans. 
(7) National Heritage Areas located near or en-
compassing units of the National Park System pro-
vide an additional basis for public enjoyment of 
parks and park-related resources, and it is appro-
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priate for these parks to participate in, assist with, 
and benefit from local heritage initiatives that con-
serve and interpret resources over a larger area be-
yond the park’s boundaries. 
(8) It is in the national interest, and will ben-
efit future generations, to establish a system of Na-
tional Heritage Areas to encourage natural and cul-
tural resource conservation, interpretation, enhance-
ment, and economic sustainability, and for full pub-
lic understanding and appreciation of the many re-
sources, places, events, and peoples that have con-
tributed to the rich heritage of this Nation. 
(b) PURPOSES.—The purposes of this Act are to— 
(1) establish a system of regional and commu-
nity-based National Heritage Areas to conserve, en-
hance, and interpret natural, historic, scenic, and 
cultural resources that together tell nationally sig-
nificant stories representing our country’s heritage; 
(2) promote public understanding, appreciation 
and enjoyment of the many places, events, and peo-
ple that have contributed to our diverse national 
story; 
(3) promote innovative and partnership-driven 
management strategies that recognize regional val-
ues, to encourage locally tailored resource steward-
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ship and interpretation, to develop economically via-
ble and innovative approaches to community con-
servation, and to provide for the effective leveraging 
of Federal funds with State, local, tribal, and private 
funding sources; 
(4) provide unified national standards and proc-
esses for conducting feasibility studies, designating 
National Heritage Areas, and approving heritage 
area management plans; 
(5) provide appropriate linkages among units of 
the National Park System, and communities, govern-
ments, and organizations within National Heritage 
Areas to conserve, enhance, and interpret resources 
outside of park boundaries; and 
(6) authorize the Secretary of the Interior to 
provide financial and technical assistance to local co-
ordinating entities that act as a catalyst for diverse 
regions, communities, organizations, and citizens to 
undertake projects and programs for resource stew-
ardship and interpretation. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) FEASIBILITY STUDY.—The term ‘‘feasibility 
study’’ means a study conducted by the Secretary of 
the Interior, or conducted by one or more other in-
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terested parties and reviewed by the Secretary, in 
accordance with the criteria and processes outlined 
in section 5, to determine whether an area meets the 
criteria to be designated as a National Heritage 
Area by Congress. 
(2) LOCAL COORDINATING ENTITY.—The term 
‘‘local coordinating entity’’ means the entity des-
ignated by Congress to undertake, in partnership 
with others, the management plan and to act as a 
catalyst for implementation projects and programs 
among diverse partners in a National Heritage Area. 
(3) MANAGEMENT PLAN.—The term ‘‘manage-
ment plan’’ means the plan prepared by the local co-
ordinating entity for a National Heritage Area that 
specifies actions, policies, strategies, performance 
goals, and recommendations taken to meet the goals 
of the heritage area as specified in this Act. 
(4) NATIONAL
HERITAGE
AREA.—The term 
‘‘National Heritage Area’’ means a region des-
ignated by Congress that tells nationally significant 
stories representing our American heritage. 
(5) PROPOSED
NATIONAL
HERITAGE
AREA.— 
The term ‘‘proposed National Heritage Area’’ is an 
area or corridor under study by the Secretary of the 
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Interior or other parties for potential designation by 
Congress as a National Heritage Area. 
(6) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(7) SYSTEM.—The term ‘‘system’’ means the 
system of National Heritage Areas established under 
section 4. 
(8) TRIBAL GOVERNMENT.—The term ‘‘tribal 
government’’ means the governing body of an Indian 
tribe, band, nation, or other organized group or com-
munity of Indians that is recognized by the Sec-
retary as having a government-to-government rela-
tionship with the United States and is eligible for 
the special programs and services provided by the 
United States to Indians because of their status as 
Indians, as evidenced by inclusion of the tribe on the 
list of recognized tribes published by the Secretary 
under the Federally Recognized Indian Tribe List 
Act of 199 (25 U.S.C. 479a). 
(9) TRIBAL LANDS.—The term ‘‘tribal lands’’ 
means all lands within the exterior boundaries of 
any Indian reservation, all lands the title to which 
is held by the United States in trust for an Indian 
tribe or lands the title to which is held by an Indian 
tribe subject to a restriction by the United States 
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against alienation, and all dependent Indian commu-
nities. 
SEC. 4. NATIONAL HERITAGE AREAS SYSTEM. 
(a) IN GENERAL.—In order to recognize certain 
areas of the United States that tell nationally significant 
stories and to conserve, enhance, and interpret the areas’ 
natural, historic, scenic, and cultural resources that to-
gether illustrate significant aspects of our country’s herit-
age, there is established a National Heritage Areas Sys-
tem through which the Secretary may provide technical 
and financial assistance to local coordinating entities to 
support the establishment, development, and continuity of 
the National Heritage Areas. 
(b) SYSTEM.—The National Heritage Areas System 
shall be composed of the following: 
(1) National Heritage Areas designated before 
the date of the enactment of this Act. 
(2) National Heritage Areas designated under 
this Act. 
(c) RELATIONSHIP TO THE NATIONAL PARK SYS-
TEM.— 
(1) 
RELATIONSHIP
TO
NATIONAL
PARK 
UNITS.—The Secretary shall— 
(A) assure to the maximum extent prac-
ticable, participation and assistance by any unit 
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of the National Park System located near or 
encompassed by any National Heritage Area in 
local initiatives for that National Heritage Area 
that conserve and interpret resources consistent 
with an approved management plan for the Na-
tional Heritage Area; and 
(B) work with National Heritage Areas to 
promote public enjoyment of units of the Na-
tional Park System and park-related resources. 
(2) APPLICABILITY OF LAWS.—National Herit-
age Areas shall not be considered to be units of the 
National Park System nor shall the areas be subject 
to the authorities applicable to units of the National 
Park System. 
(d) DUTIES.—Under the system, the Secretary 
shall— 
(1) undertake studies as directed by Congress 
through legislation to assess the feasibility of desig-
nating proposed National Heritage Areas or review 
and comment on studies undertaken by other parties 
for this purpose as provided in section 5; 
(2) review and approve or disapprove the man-
agement plan for a National Heritage Area as pro-
vided in section 7; 
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(3) submit to the Committee on Natural Re-
sources of the House of Representatives and the 
Committee on Energy and Natural Resources of the 
United States Senate reports describing the activi-
ties conducted with respect to National Heritage 
Areas in accordance with this Act; and 
(4) conduct an evaluation of the accomplish-
ments and prepare a report with recommendations 
for the National Park Service’s future role with re-
spect to each designated National Heritage Area as 
outlined in section 8. 
(e) AUTHORITIES.—In carrying out this Act, the Sec-
retary may— 
(1) provide technical and financial assistance in 
accordance with the provisions of section 10, and the 
amounts authorized under section 12, on a reim-
bursable or nonreimbursable basis as determined by 
the Secretary in the development and implementa-
tion of management plans and for administrative 
functions for designated National Heritage Areas; 
(2) enter into cooperative agreements with 
other Federal agencies, State, tribal and local gov-
ernments, local coordinating entities, and other in-
terested parties to carry out the purposes of this 
Act; 
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(3) 
provide 
information, 
promote 
under-
standing, and encourage research on National Herit-
age Areas in partnership with local coordinating en-
tities; and 
(4) provide national oversight, analysis, coordi-
nation, technical and financial assistance, and sup-
port to ensure consistency and accountability of the 
system. 
SEC. 5. FEASIBILITY STUDIES. 
The Secretary, in undertaking a feasibility study, or 
reviewing a feasibility study conducted by others, shall 
apply the following criteria to determine the suitability 
and feasibility of designating a proposed National Herit-
age Area: 
(1) The proposed area is worthy of designation 
as a National Heritage Area because— 
(A) the area includes natural, historic, cul-
tural, or scenic resources that are associated 
with nationally significant themes and events 
and these resources— 
(i) combine to form a distinct and co-
hesive landscape; and 
(ii) retain enough integrity to support 
the themes and events associated with the 
area’s national importance; and 
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(B) the area provides opportunities to con-
serve natural, historic, cultural, or scenic re-
source through local and regional partnerships. 
(2) A conceptual boundary for the proposed 
area is developed based upon community input and 
the resources and themes that support the area’s na-
tional importance. 
(3) Residents, business interests, nonprofit or-
ganizations, and governments, including Federal 
land management agencies and tribal governments 
within the proposed area, have been involved in the 
feasibility study process and have demonstrated sig-
nificant support through letters and other means for 
National Heritage Area designation. 
(4) A local coordinating entity has been selected 
to operate the proposed heritage area’s activities and 
the organization is supported by residents, business 
interests, nonprofit organizations, and governments 
within the proposed area. 
(5) The recommendations put forth in the feasi-
bility study are consistent with continued economic 
activity within the area. 
SEC. 6. MANAGEMENT PLAN. 
The plan for any National Heritage Area shall— 
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(1) use a comprehensive planning approach that 
includes— 
(A) opportunities for stakeholders (i.e. 
community members, local and regional govern-
ments, tribes, businesses, nonprofits, and oth-
ers) to be involved in the planning process; 
(B) opportunities for stakeholders to re-
view and comment on the draft plan; and 
(C) documentation of the planning and 
public participation processes used to develop 
the plan, including how it was prepared, who 
was involved in the process, and how and when 
the stakeholders were involved; 
(2) include an inventory of the natural, historic, 
cultural, or scenic resources of the National Herit-
age Area related to the nationally significant themes 
and events of the region that should be protected, 
enhanced, interpreted, managed, or developed; 
(3) identify comprehensive goals, strategies, 
policies, and recommendations for telling the story 
of the region’s heritage and encouraging long-term 
resource protection, enhancement, interpretation, 
and development; 
(4) include recommendations for ways in which 
local, State, tribal, and Federal entities may best be 
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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; 
(5) outline a strategy for the local coordinating 
entity to achieve financial sustainability; 
(6) include an implementation program that 
identifies— 
(A) prioritized actions and criteria for se-
lecting future projects; 
(B) the ways in which stakeholders will be 
involved in their implementation; 
(C) existing and potential sources of fund-
ing; 
(D) performance goals; and 
(E) the manner in which the plan will be 
evaluated and updated; and 
(7) include a business plan for the local coordi-
nating entity that, at minimum, addresses manage-
ment and operation, products or services offered, the 
target market for products and services, and revenue 
streams. 
SEC. 7. DESIGNATION. 
(a) IN GENERAL.—The designation of a National 
Heritage Area shall be— 
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(1) by Act of Congress; and 
(2) contingent on the prior completion of a 
management plan and an affirmative determination 
by the Secretary that the area meets the criteria 
provided in section 5. 
(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. 8. EVALUATION. 
(a) IN GENERAL.—Not later than every 10 years 
after the date on which of the National Heritage Area oc-
curs, the Secretary shall conduct an evaluation of the ac-
complishments of the National Heritage Area and prepare 
a report with recommendations for the National Park 
Service’s continued role with respect to the National Her-
itage Area. 
(b) EVALUATION COMPONENTS.—An evaluation pre-
pared under subsection (a) shall— 
(1) assess the progress of the local coordinating 
entity with respect to— 
(A) accomplishing the purposes of the au-
thorizing legislation for the National Heritage 
Area; and 
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(B) achieving the goals and objectives of 
the approved management plan for the National 
Heritage Area; 
(2) analyze the Federal, State, local, and pri-
vate investments in the National Heritage Area to 
determine the leverage and impact of the invest-
ments; and 
(3) review the management structure, partner-
ship relationships, and funding of the National Her-
itage Area for purposes of identifying the critical 
components for sustainability of the National Herit-
age Area. 
(c) RECOMMENDATIONS.—Based upon the evaluation 
under subsection (a), the Secretary shall prepare a report 
with recommendations for the National Park Service’s 
continued role with respect to the National Heritage Area. 
If the report recommends that Federal funding for the 
National Heritage Area be— 
(1) continued, the report shall include an anal-
ysis of— 
(A) ways in which Federal funding for the 
National Heritage Area may be reduced or 
eliminated over time; and 
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(B) the appropriate time period necessary 
to achieve the recommended reduction or elimi-
nation; and 
(2) eliminated, the report to Congress shall in-
clude a description potential impacts on conserva-
tion, interpretation, and sustainability of the part-
nership. 
(d) SUBMISSION TO CONGRESS.—On completion of a 
report under subsection (c), the Secretary shall submit the 
report to— 
(1) the Committee on Energy and Natural Re-
sources of the Senate; and 
(2) the Committee on Natural Resources of the 
House of Representatives. 
SEC. 9. 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; 
(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 as appro-
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priate, the amounts leveraged with Federal funds 
and sources of such leveraging, and grants made to 
any other entities during the year for which the re-
port 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 may 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. 10. RELATIONSHIP TO OTHER FEDERAL AGENCIES. 
(a) PROVISION OF ASSISTANCE.—This Act shall not 
affect the authority of any Federal official to provide tech-
nical or financial assistance under any other law. 
(b) COORDINATION.—The head of any Federal agen-
cy planning to conduct activities that may have an impact 
on a designated National Heritage Area shall consult and 
coordinate these activities with the Secretary and the local 
coordinating entity. 
(c) OTHER LAWS
AND REGULATIONS.—This Act 
shall not modify any law or regulation authorizing Federal 
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officials to manage Federal land under their control or 
limit the discretion of Federal land managers to imple-
ment 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. 11. PROPERTY OWNERS AND REGULATORY PROTEC-
TIONS. 
Nothing in this Act shall be construed to— 
(1) abridge 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) require any property owner to permit public 
access (including Federal, State, tribal, or local gov-
ernment access) to such property or to modify any 
provisions of Federal, State, tribal, or local law with 
regard to public access or use of private lands; 
(3) alter any duly adopted land use regulation 
or any approved land use plan or any other regu-
latory authority of any Federal, State, or local agen-
cy or tribal government, or to convey any land use 
or other regulatory authority to any local coordi-
nating entity; 
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(4) authorize or imply the reservation or appro-
priation of water or water rights; 
(5) diminish the authority of the State to man-
age fish and wildlife including the regulation of fish-
ing and hunting within the National Heritage Area; 
or 
(6) 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. 12. FUNDING. 
(a) AUTHORIZATION OF APPROPRIATIONS.— 
(1) There are authorized to be appropriated to 
carry out the activities under section 9 not more 
than $700,000 for any fiscal year for each National 
Heritage Area to remain available until expended. 
(2) In addition to amounts authorized in para-
graph (1), there are authorized to be appropriated to 
the Secretary— 
(A) not more than $300,000 for any fiscal 
year, to conduct feasibility studies by the Na-
tional Park Service in accordance with the pro-
visions of section 5, with not more than 
$100,000 allocated in the fiscal year for any 
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one feasibility study for a proposed National 
Heritage Area; and 
(B) not more than $750,000 for any fiscal 
year, to conduct management plans by the Na-
tional Park Service in accordance with the pro-
visions of section 6, with not more than 
$250,000 allocated in the fiscal year for any 
one management plan for a proposed National 
Heritage Area. 
(3) Funding provided under paragraph (2) shall 
be in the form of grants approved by the National 
Park Service and provided to the local coordinating 
entity conducting the feasibility study or manage-
ment plan. 
(b) MATCHING FUNDS.—As a condition of providing 
financial assistance under this section to a local coordi-
nating entity, the Secretary shall require the entity to pro-
vide matching funds— 
(1) equal to the amount of the financial assist-
ance provided for designated National Heritage 
Areas for any Fiscal Year; 
(2) of 25 percent of the total grant amount re-
ceived for feasibility study; and 
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(3) of 50 percent of the total grant amount re-
ceived for a management plan. The local coordi-
nating entity’s matching funds— 
(A) must be from non-Federal sources; and 
(B) may be made in the form of in-kind 
contributions of goods or services fairly valued. 
(c) ADMINISTRATIVE.—There are authorized to be 
appropriated to the Secretary such sums as may be nec-
essary for technical assistance, oversight, and administra-
tive purposes. 
SEC. 13. SUNSET. 
The system of National Heritage Areas within the 
National Park System established under this Act shall ex-
pire on the date that is 25 years after the date of the 
enactment of this Act. 
Æ 
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