I
107TH CONGRESS
1ST SESSION
H. R. 2388
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
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
‘‘National Heritage Areas Policy Act of 2001’’.
(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 designation of national heritage areas.
Sec. 5. Requirements applicable to feasibility studies.
Sec. 6. Grants to support designated national heritage areas.
Sec. 7. Technical assistance to the local coordinating entities.
Sec. 8. Management plans.
Sec. 9. Termination of designation.
Sec. 10. Private property protection.
Sec. 11. Relationship to other Federal programs.
Sec. 12. Savings provisions.
Sec. 13. Funding provisions.
SEC. 2. PURPOSES.
The purposes of this Act are the following:
(1) To provide for recognition of areas in the
United States containing natural, historic, and cul-
tural resources and recreational and educational op-
portunities that are geographically assembled and
thematically related as areas that provide unique
frameworks for understanding the great and diverse
character of the United States and the development
of communities and their surroundings.
(2) To encourage State and local governments,
nonprofit organizations, and the private sector, or
combinations thereof, to conserve and manage the
resources and opportunities in these areas.
(3) To encourage within these areas a broad
range of economic opportunities to enhance the qual-
ity of life for present and future generations, con-
sistent with existing State, local, and Federal land
use laws and authorities.
(4) To establish the criteria and mechanism for
the designation of certain of these areas as national
heritage areas.
(5) To describe the extent of Federal respon-
sibilities and duties in regard to national heritage
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 others and approved by
the Secretary, regarding the feasibility of desig-
nating any area as a national heritage area.
(2) LOCAL COORDINATING ENTITY.—The term
‘‘local coordinating entity’’ means, with respect to a
national heritage area, an entity agreed to by a pre-
ponderance of the units of local government within
the boundaries of a national heritage area and des-
ignated by the Secretary in consultation with the
chief executive officer of each State in which the na-
tional heritage area is located that agrees to perform
the duties of a local coordinating committee under
this Act.
(3) NATIONAL
HERITAGE
AREA.—The term
‘‘national heritage area’’ means an area or corridor
designated by an Act of Congress as an area where
natural, cultural, historic, and recreational resources
combine to form a cohesive, nationally distinctive
landscape arising from patterns of human activity
shaped by geography.
(4) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior.
(5) STATE.—The term ‘‘State’’ includes the
District of Columbia, Guam, the Virgin Islands,
American Samoa, the Commonwealth of Puerto
Rico, and the Commonwealth of the Northern Mar-
iana Islands.
(6) UNIT OF GOVERNMENT.—The term ‘‘unit of
government’’ means the government of a State, a
political subdivision of a State, or an Indian tribe.
SEC. 4. RECOMMENDATION OF DESIGNATION OF NATIONAL
HERITAGE AREAS.
(a) CONDITIONS FOR DESIGNATION.—The Secretary
may recommend an area for designation as a national her-
itage area only after—
(1) the Secretary conducts or approves a feasi-
bility study for the area in accordance with section
5;
(2) the study concludes that the area is appro-
priate for designation as a national heritage area;
and
(3) the Secretary, in accordance with section 8,
approves a management plan for the area developed
by the local coordinating entity for the area.
(b) PRIORITIZATION.—The Secretary shall annually
submit to the Congress a prioritization of areas for the
conduct of feasibility studies under section 5 and consider-
ation for designation as national heritage areas, based on
information received from the chief executive officers of
States in which such national heritage areas would be lo-
cated.
SEC. 5. REQUIREMENTS APPLICABLE TO FEASIBILITY
STUDIES.
(a) IN GENERAL.—The Secretary may conduct a
study regarding the feasibility of designating any area as
a national heritage area or approve such a study con-
ducted by another person, only in accordance with this
section.
(b) FUNDING FOR STUDY.—The costs paid by the
Federal Government to conduct a feasibility study shall
not exceed 50 percent of the total costs of conducting the
study. The Secretary may conduct the feasibility study
only if the remaining share of such costs is provided from
non-Federal funds, services, or materials, or a combina-
tion thereof.
(c) STUDY PROCESS AND CONTENT.—Each feasi-
bility study—
(1) shall include sufficient information to deter-
mine whether an area meets the criteria specified in
subsection (d);
(2) shall be prepared with public participation
and local government involvement; and
(3) shall include—
(A) a description of the natural, historic,
and cultural resources and recreational and
educational opportunities presented by the area,
including an assessment of the quality and in-
tegrity of, the availability of public access to,
and the themes represented by such resources
and opportunities;
(B) an assessment of the interest of, and
impact of possible designation upon, potential
partners, units of government, nonprofit organi-
zations, and other private entities;
(C) a description of the boundaries and
conceptual framework for the proposed national
heritage area, if the study concludes that all or
a portion of an area is appropriate for designa-
tion as a national heritage area; and
(D) identification of a local coordinating
entity agreed to by a preponderance of the units
of local government within the boundaries of
the proposed area.
(d) CRITERIA FOR CONCLUDING AREA IS APPRO-
PRIATE FOR DESIGNATION.—
(1) IN GENERAL.—A feasibility study may con-
clude that an area is appropriate for designation as
a national heritage area only if the study finds that
the area meets each of the following criteria:
(A) ASSEMBLAGE
OF
RESOURCES.—The
area is a cohesive assemblage of natural, his-
toric, cultural, or recreational resources that—
(i) together represent distinctive as-
pects of American heritage worthy of rec-
ognition, conservation, interpretation, and
continuing use; and
(ii) are best managed through part-
nerships between private and public enti-
ties.
(B) TRADITIONS, CUSTOMS, BELIEFS, OR
FOLKLIFE.—The area reflects traditions, cus-
toms, beliefs, or folklife, or some combination
thereof, that are a valuable part of the history
of the United States.
(C) CONSERVATION
OF
NATURAL, CUL-
TURAL, OR
HISTORIC
FEATURES.—The area
provides opportunities to conserve natural, cul-
tural, or historic features, or some combination
thereof.
(D) RECREATIONAL
AND
EDUCATIONAL
OPPORTUNITIES.—The 
area 
provides 
out-
standing recreational and interpretive opportu-
nities.
(E) THEMES
AND
INTEGRITY
OF
RE-
SOURCES.—The area has an identifiable theme,
and resources important to the theme retain in-
tegrity capable of supporting interpretation.
(F) SUPPORT.—Residents, nonprofit orga-
nizations, other private entities, and govern-
ments throughout the area demonstrate support
for designation of the area as a national herit-
age area and for management of the area as
appropriate for such designation.
(G) 
LOCAL
GOVERNMENT
ENDORSE-
MENT.—Letters of support for the designation
of the area as a national heritage area have
been provided by participating units of local
government within the proposed boundaries of
the area.
(2) 
DIVERSE
AND
NONCONTIGUOUS
RE-
SOURCES.—Notwithstanding paragraph (1)(A), a
heritage area may include diverse and noncontiguous
resources and active communities.
(e) COMMENTS OF STATE CHIEF EXECUTIVE OFFI-
CER.—Before submitting any feasibility study to the Con-
gress regarding a proposed national heritage area, the
Secretary shall solicit comments from the chief executive
officer of each State in which the national heritage area
is proposed to be located. The Secretary shall include in
the study any comments the Secretary receives from the
chief executive officer.
(f) SUBMISSION
OF FEASIBILITY STUDY.—Upon
completion or approval by the Secretary of a feasibility
study, the Secretary shall submit the study to the Com-
mittee on Resources of the House of Representatives and
the Committee on Energy and Natural Resources of the
Senate. The Secretary shall include with the study the rec-
ommendations of the Secretary with respect to the pro-
posed designation to which the study relates.
SEC. 6. GRANTS TO SUPPORT DESIGNATED NATIONAL HER-
ITAGE AREAS.
(a) AUTHORITY TO MAKE GRANTS.—
(1) IN
GENERAL.—The Secretary may make
grants in accordance with this section to the local
coordinating entity for a national heritage area for
activities authorized by subsection (c).
(2) PRIORITIZATION
OF
GRANTS.—The Sec-
retary shall annually submit to the Congress a
prioritized list of projects for which grants are pro-
posed under this section for national heritage areas.
Each such list must be consistent with this Act and
based on information submitted by the chief execu-
tive officers of States in which national heritage
areas are located. In establishing each list, the Sec-
retary shall consider the relative degree to which
each proposed project meets the objectives of the
management plan for a national heritage area and
the extent to which the grant would leverage non-
Federal funds.
(b) ELIGIBILITY FOR GRANTS.—Grants may be made
under this section with respect to any national heritage
area designated under this Act only if the Secretary, in
consultation with the chief executive officer of the State
in which the area is located (or if the area is located in
more than one State, the chief executive officers of all such
States, acting together), has designated a local coordi-
nating entity for the area.
(c) AUTHORIZED USES OF GRANTS.—
(1) IN
GENERAL.—Grants under this section
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 man-
agement plan for the national heritage area;
and
(B) operational expenses of the local co-
ordinating entity incurred in the first 3 fiscal
years beginning after the date of the designa-
tion of the local coordinating entity.
(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).
(d) LIMITATION ON COSTS PAID WITH GRANT.—The
amount of any grant under this section may not exceed
50 percent of the total cost of the activity for which the
grant is provided.
(e) APPLICABILITY
OF
RESTRICTIONS
TO
SUB-
GRANTS.—For purposes of subsection (c), any subgrant
made from funds received as a grant (or subgrant) under
this section shall be treated as a grant made under this
section.
(f) PROTECTION OF FEDERAL INVESTMENT.—The
Secretary shall require that each grant under this section
shall be subject to an agreement that conversion, use, or
disposal of the project assisted with the grant for purposes
contrary to the purposes for which the grant was made
shall result in a right of the United States to compensa-
tion 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 antici-
pated useful life of the project.
(g) DURATION OF ELIGIBILITY FOR GRANTS.—
(1) TEN-YEAR
ELIGIBILITY
PERIOD.—Subject
to paragraphs (2) and (3), the Secretary may not
provide any grant under this section with respect to
a 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.
(2) THREE-YEAR ELIGIBILITY FOR NEW AREAS
UNLESS MANAGEMENT PLAN SUBMITTED.—The Sec-
retary may not, with respect to a national heritage
area designated after the date of enactment of this
Act, provide any grant under this section after the
expiration of the 3-year period beginning on the date
of the designation of the local coordinating entity for
the area unless—
(A) the entity submits to the Secretary a
management plan for the area that the Sec-
retary determines has been endorsed by a pre-
ponderance of the units of the local government
within the boundaries of the national heritage
area; and
(B) the chief executive officer of each
State in which the national heritage area is lo-
cated, in consultation with the Secretary, ap-
proves the management plan.
(3) TREATMENT
OF
EXISTING
AREAS.—The
Secretary may not provide any grant under this sec-
tion for a national heritage area designated before
the date of enactment of this Act, after the earlier
of the following:
(A) The last day on which the local coordi-
nating entity is eligible for Federal funding or
assistance under the statute designating the na-
tional heritage area.
(B) The expiration of the 10-year period
beginning on the date of the enactment of this
Act.
(h) LIMITATION OF GRANTS FOR EACH NATIONAL
HERITAGE AREA.—
(1) TOTAL
GRANTS.—The total amount of
grants under this section with respect to each na-
tional heritage area may not exceed $10,000,000.
(2) ANNUAL GRANTS.—The amount of grants
under this section for a fiscal year with respect to
each national heritage area may not exceed
$1,000,000.
(3) PERIOD OF ASSISTANCE.—No grants may
be provided under this section with respect to each
national heritage area for a total of more than 10
fiscal years.
SEC. 7. TECHNICAL ASSISTANCE TO LOCAL COORDINATING
ENTITIES.
(a) IN GENERAL.—The Secretary may, upon request
and subject to the availability of appropriations, provide
to the local coordinating entity for a national heritage area
technical assistance for the following:
(1) The preparation of a management plan for
the area.
(2) The implementation of the plan.
(b) DURATION OF ELIGIBILITY FOR ASSISTANCE.—
The Secretary may not provide assistance under this sec-
tion with respect to a national heritage area after the date
on which the Secretary, under section 6(g), may not pro-
vide grants under section 6 with respect to the area.
SEC. 8. MANAGEMENT PLANS.
(a) IN GENERAL.—The local coordinating entity for
a national heritage area designated after the date of the
enactment of this Act shall prepare a management plan
for the area in accordance with this section. In preparing
the plan, the local coordinating entity shall perform each
of the following duties:
(1) MANAGEMENT PLAN.—Prepare and submit
a management plan, endorsed by each participating
unit of local government within the boundaries of
the national heritage area, to the chief executive offi-
cer of each State in which the area is located and
to the Secretary.
(2) COLLABORATION.—Collaborate with and
consider the interests of diverse units of government,
businesses, tourism officials, private property own-
ers, and nonprofit groups within the geographic area
of the national heritage area in developing and im-
plementing such management plan.
(3) PUBLIC
INVOLVEMENT.—Ensure regular
public involvement, including public meetings at
least annually, regarding the implementation of the
management plan for the 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 man-
agement plan prepared for a national heritage area shall—
(1) present a comprehensive program for the
conservation, funding, management, and develop-
ment of the national heritage area and of the histor-
ical, cultural, and natural resources and the rec-
reational and educational opportunities of the area,
in a manner consistent with the existing local, State,
and Federal land use laws and the economic viability
of the area;
(2) take into consideration State, county, and
local plans;
(3) involve residents, public agencies, and pri-
vate organizations working in the national heritage
area;
(4) specify and coordinate, as of the date of the
plan, existing and potential sources of technical and
financial assistance under this and other Federal
laws to protect, manage, and develop the national
heritage area; and
(5) include—
(A) actions to be undertaken by units of
government and private organizations to pro-
tect, conserve, and interpret the resources of
the heritage area;
(B) an inventory of the resources con-
tained in the national heritage area, including a
list of any property in the national heritage
area that is related to the themes of the na-
tional heritage area and that is found to merit
preservation, restoration, management, develop-
ment, 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 intergov-
ernmental cooperative agreements, private sec-
tor agreements, or any combination thereof, to
protect the historical, cultural, recreational, and
natural resources of the heritage area in a man-
ner consistent with supporting appropriate and
economic viability;
(D) a program for implementation of the
management plan by State and local govern-
ments and the designated local coordinating en-
tity;
(E) an analysis of ways in which local,
State, and Federal programs may best be co-
ordinated to promote the purposes of this Act;
and
(F) a business plan that describes in detail
the role, operation, financing, and functions of
the local coordinating entity and of each activ-
ity included in the recommendations contained
in the management plan.
(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 national heritage area and shall
make the minutes of the meeting available to the public.
(d) APPROVAL OF THE PLAN.—
(1) FINDINGS REQUIRED.—The Secretary may
approve the management plan for a national herit-
age area if the Secretary finds that the plan satisfies
(i) the implementation program in-
cluded in the plan will be initiated within
the time periods agreed to in the plan; and
(ii) such program will ensure effective
implementation of State and local aspects
of the plan.
SEC. 9. TERMINATION OF DESIGNATION.
A designation of an area as a national heritage area
shall terminate and have no force or effect on and after
any date on which the Secretary of the Interior determines
that—
(1) implementation of the management plan for
the area has failed to meet standards set forth in
the management plan; or
(2) a preponderance of the units of local gov-
ernment involved in implementing the management
plan for the area no longer support such designa-
tion.
SEC. 10. 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 provi-
sion 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
injured 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 govern-
ments 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 herit-
age area to participate in or be associated with the na-
tional heritage area.
SEC. 11. 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 ACTIVI-
TIES.—The head of each Federal agency shall provide to
the Secretary and the local coordinating entity for a na-
tional heritage area advance notice of all activities which
may have an impact on the national heritage area.
SEC. 12. SAVINGS PROVISIONS.
(a) RULES, REGULATIONS, STANDARDS, AND PER-
MIT PROCESSES.—Except as provided in section 11(b),
nothing in this Act shall be construed to impose any envi-
ronmental, 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 reserva-
tion or appropriation of water or water rights.
(c) NO DIMINISHMENT
OF STATE AUTHORITY.—
Nothing in this Act shall be construed to diminish the au-
thority of the State containing any national heritage area
to manage fish and wildlife, including the regulation of
fishing and hunting within such an area.
SEC. 13. FUNDING PROVISIONS.
(a) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to the Secretary for each
fiscal year for grants and technical assistance under sec-
tions 6 and 7, not more than $10,000,000, to remain
available until expended.
(b) PROHIBITION
ON FEDERAL ADMINISTRATIVE
FEES.—Funds may be appropriated under subsection (a)
only for direct transfer by the Secretary to a local coordi-
nating entity.
(c) INCLUSION IN LIMIT ON FUNDING UNDER THIS
SECTION.—For purposes of the dollar amount limitation
contained in subsection (a), all amounts appropriated to
the Secretary (acting through the National Park Service)
after the date of the enactment of this Act, under this
section or any other Act, shall be treated as appropriated
under such subsection.
(d) PROHIBITION ON USE OF FUNDS TO SUPPLE-
MENT NATIONAL PARK SYSTEM.—No funds authorized to
be appropriated under this section may be used to supple-
ment 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.
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