S.Amdt. 1624

SA 1624. Ms. STABENOW (for herself, Mr. Blumenthal, Mr. Jones, and
Mr. Markey) submitted an amendment intended to be proposed by her to
the bill H.R. 1957, to amend the Internal Revenue Code of 1986 to
modernize and improve the Internal Revenue Service, and for other
purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. _____. DESIGNATION OF NATIONAL HERITAGE AREAS.

(a) Definitions.--In this section:
(1) Local coordinating entity.--The term ``local
coordinating entity'' means the entity designated by
Congress--
(A) to carry out, in partnership with other individuals and
entities, the management plan for a National Heritage Area;
and
(B) to operate the National Heritage Area, including
through the implementation of projects and programs among
diverse partners in the National Heritage Area.
(2) National heritage area.--The term ``National Heritage
Area'' means a component of the National Heritage Area System
described in subsection (b)(2).
(3) National heritage area system.--The term ``National
Heritage Area System'' means the system established by
subsection (b)(1).
(4) Proposed national heritage area.--The term ``proposed
National Heritage Area'' means an area that is proposed to be
designated as a National Heritage Area.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) Tribal government.--The term ``Tribal government''
means the governing body of an Indian Tribe included on the
most recent list published by the Secretary pursuant to
section 104 of the Federally Recognized Indian Tribe List Act
of 1994 (25 U.S.C. 5131).
(b) National Heritage Area System.--
(1) In general.--To recognize certain areas of the United
States that tell nationally significant stories and to
conserve, enhance, and interpret those nationally significant
stories and the natural, historic, scenic, and cultural
resources of areas that illustrate significant aspects of the
heritage of the United States, there is established a
National Heritage Area System through the administration of
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.
(2) National heritage area system.--The National Heritage
Area System shall be composed of--
(A) each National Heritage Area, National Historic
District, National Heritage Corridor, National Heritage
Canalway, Cultural Heritage Corridor, and National Heritage
Partnership designated by Congress before or on the date of
enactment of this Act; and
(B) each National Heritage Area designated by Congress
after the date of enactment of this Act, unless the law
designating the area exempts that area from the National
Heritage Area System by specific reference to this section.
(3) Relationship to the national park system.--
(A) Relationship to national park units.--The Secretary
shall--
(i) ensure, to the maximum extent practicable,
participation and assistance by any administrator of a unit
of the National Park System that is located near or
encompassed by a National Heritage Area in local initiatives
for the National Heritage Area to conserve and interpret
resources consistent with the applicable management plan for
the National Heritage Area; and
(ii) work with local coordinating entities to promote
public enjoyment of units of the National Park System and
National Park-related resources.
(B) Treatment.--A National Heritage Area shall not be--
(i) considered to be a unit of the National Park System; or
(ii) subject to the authorities applicable to units of the
National Park System.
(4) Duties.--Under the National Heritage Area System, the
Secretary shall--
(A) review and approve or disapprove the management plan
for a National Heritage Area in accordance with subsection
(c)(3); and
(B) submit to the Committee on Energy and Natural Resources
of the Senate and the

[[Page S2886]]

Committee on Natural Resources of the House of
Representatives reports describing the activities conducted
with respect to National Heritage Areas in accordance with
this section.
(5) Authorities.--In carrying out this section, the
Secretary may--
(A) conduct or review, as applicable, feasibility studies
in accordance with subsection (c)(1);
(B) conduct an evaluation of the accomplishments of, and
submit to Congress a report that includes recommendations
regarding the role of National Park Service with respect to,
each National Heritage Area, in accordance with subsection
(d);
(C) use amounts made available under subsection (f) to
provide technical and financial assistance, on a reimbursable
or nonreimbursable basis, as determined by the Secretary,
for--
(i) the development and implementation of management plans
for National Heritage Areas; and
(ii) the administration of National Heritage Areas;
(D) enter into cooperative agreements with other Federal
agencies, States, Tribal governments, local governments,
local coordinating entities, and other interested individuals
and entities to achieve the purposes of the National Heritage
Area System;
(E) provide information, promote understanding, and
encourage research regarding National Heritage Areas, in
partnership with local coordinating entities; and
(F) provide national oversight, analysis, coordination,
technical and financial assistance, and support to ensure
consistency and accountability of the National Heritage Area
System.
(c) Designation of National Heritage Areas.--
(1) Studies.--
(A) In general.--The Secretary may carry out or review a
study to assess the suitability and feasibility of each
proposed National Heritage Area for designation as a National
Heritage Area.
(B) Preparation.--
(i) In general.--A study under subparagraph (A) may be
carried out--

(I) by the Secretary, in consultation with State and local
historic preservation officers, State and local historical
societies, State and local tourism offices, and other
appropriate organizations and governmental agencies; or
(II) by interested individuals or entities, if the
Secretary certifies that the completed study meets the
requirements of subparagraph (C).

(ii) Certification.--Not later than 1 year after receiving
a study carried out by interested individuals or entities
under clause (i)(II), the Secretary shall review and certify
whether the study meets the requirements of subparagraph (C).
(C) Requirements.--A study under subparagraph (A) shall
include analysis, documentation, and determinations on
whether the proposed National Heritage Area--
(i) has an assemblage of natural, historic, and cultural
resources that--

(I) represent distinctive aspects of the heritage of the
United States;
(II) are worthy of recognition, conservation,
interpretation, and continuing use; and
(III) would be best managed--

(aa) through partnerships among public and private
entities; and
(bb) by linking diverse and sometimes noncontiguous
resources and active communities;
(ii) reflects traditions, customs, beliefs, and folklife
that are a valuable part of the story of the United States;
(iii) provides outstanding opportunities--

(I) to conserve natural, historic, cultural, or scenic
features; and
(II) for recreation and education;

(iv) contains resources that--

(I) are important to any identified themes of the proposed
National Heritage Area; and
(II) retain a degree of integrity capable of supporting
interpretation;

(v) includes residents, business interests, nonprofit
organizations, and State and local governments that--

(I) are involved in the planning of the proposed National
Heritage Area;
(II) have developed a conceptual financial plan that
outlines the roles of all participants in the proposed
National Heritage Area, including the Federal Government; and
(III) have demonstrated support for the designation of the
proposed National Heritage Area;

(vi) has a potential management entity to work in
partnership with the individuals and entities described in
clause (v) to develop the proposed National Heritage Area
while encouraging State and local economic activity; and
(vii) has a conceptual boundary map that is supported by
the public.
(D) Report.--
(i) In general.--For each study carried out under
subparagraph (A), the Secretary shall submit to the Committee
on Energy and Natural Resources of the Senate and the
Committee on Natural Resources of the House of
Representatives a report that describes--

(I) the findings of the study; and
(II) any conclusions and recommendations of the Secretary.

(ii) Timing.--

(I) Studies carried out by the secretary.--With respect to
a study carried out by the Secretary in accordance with
subparagraph (B)(i)(I), the Secretary shall submit a report
under clause (i) not later than 3 years after the date on
which funds are first made available to carry out the study.
(II) Studies carried out by other interested parties.--With
respect to a study carried out by interested individuals or
entities in accordance with subparagraph (B)(i)(II), the
Secretary shall submit a report under clause (i) not later
than 180 days after the date on which the Secretary certifies
under subparagraph (B)(ii) that the study meets the
requirements of subparagraph (C).

(2) Designation.--
(A) In general.--An area may be designated as a National
Heritage Area only by an Act of Congress.
(B) Designation.--On receipt of a report under paragraph
(1)(D) recommending the designation of a proposed National
Heritage Area as a National Heritage Area, Congress may
designate--
(i) as a National Heritage Area the proposed National
Heritage Area that is the subject of the relevant feasibility
study; and
(ii) a local coordinating entity to operate the National
Heritage Area.
(C) Treatment as component of national heritage area
system.--A National Heritage Area designated under
subparagraph (B)(i) shall be a component of the National
Heritage Area System, unless the law designating the National
Heritage Area exempts the National Heritage Area from the
National Heritage Area System through a specific reference to
this section.
(3) Management plan.--
(A) In general.--The applicable local coordinating entity
shall develop a management plan for a National Heritage Area
in accordance with subparagraph (B).
(B) Requirements.--The management plan for a National
Heritage Area shall--
(i) be developed using a comprehensive planning approach
that includes--

(I) opportunities for stakeholders (such as community
members, local and regional governments, Tribal governments,
businesses, nonprofit organizations, and others)--

(aa) to be involved in the planning process; and
(bb) to review and comment on the draft plan; and

(II) documentation of the planning and public participation
processes, including a description of--

(aa) the means by which the management plan was prepared;
(bb) the stakeholders involved in the process; and
(cc) the timing and method of stakeholder involvement;
(ii) include an inventory of the natural, historic,
cultural, and scenic resources of the National Heritage Area
relating to the nationally significant themes and events of
the region that should be protected, enhanced, interpreted,
managed, or developed;
(iii) identify comprehensive goals, strategies, policies,
and recommendations for--

(I) demonstrating the heritage represented by the National
Heritage Area; and
(II) encouraging long-term resource protection,
enhancement, interpretation, and development;

(iv) include recommendations for ways in which Federal,
State, Tribal government, and local entities may best be
coordinated, including the role of the National Park Service
and other Federal agencies associated with the National
Heritage Area, to advance the purposes of this section;
(v) describe a strategy by which the local coordinating
entity will achieve financial sustainability;
(vi) include an implementation program that identifies,
with respect to the National Heritage Area--

(I) prioritized actions and criteria for selecting future
projects;
(II) existing and potential sources of funding;
(III) performance goals;
(IV) the means by which stakeholders will be involved; and
(V) the manner in which the management plan will be
evaluated and updated;

(vii) include a business plan for the local coordinating
entity that, at a minimum, addresses management and
operation, products or services offered, the target market
for those products and services, and revenue streams; and
(viii) be submitted to the Secretary for approval by not
later than 3 years after the date on which the National
Heritage Area is designated by Congress under paragraph (2).
(C) Applicability.--The requirements described in
subparagraph (B) shall not apply to any management plan or
other similar plan in effect on the date of enactment of this
Act with respect to a National Heritage Area described in
subsection (b)(2)(A).
(d) Evaluation.--
(1) In general.--At reasonable and appropriate intervals,
as determined by the Secretary, the Secretary may--
(A) conduct an evaluation of the accomplishments of a
National Heritage Area in accordance with paragraph (2); and
(B) prepare and submit to the Committee on Energy and
Natural Resources of the Senate and the Committee on Natural
Resources of the House of Representatives a report that
includes recommendations for the continued role of the
National Park Service with respect to each National Heritage
Area in accordance with paragraph (3).
(2) Components.--An evaluation under paragraph (1)(A)
shall--
(A) assess the progress of the applicable local
coordinating entity of a National Heritage Area with respect
to--

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(i) accomplishing the purposes of the applicable National
Heritage Area; and
(ii) achieving the goals and objectives of the management
plan;
(B) analyze Federal, State, local, Tribal government, and
private investments in the National Heritage Area to
determine the leverage and impact of the investments; and
(C) review the management structure, partnership
relationships, and funding of the National Heritage Area for
purposes of identifying the critical components for
sustainability of the National Heritage Area.
(3) Recommendations.--Each report under paragraph (1)(B)
shall include--
(A) if the report contains a recommendation of the
Secretary that Federal funding for the applicable National
Heritage Area should be continued, an analysis of--
(i) any means by which that Federal funding may be reduced
or eliminated over time; and
(ii) the appropriate time period necessary to achieve the
recommended reduction or elimination of Federal funding; or
(B) if the report contains a recommendation of the
Secretary that Federal funding for the applicable National
Heritage Area should be eliminated, a description of
potential impacts on conservation, interpretation, and
sustainability in the applicable National Heritage Area.
(4) Conforming amendment.--Section 3052(a) of Public Law
113-291 (54 U.S.C. 320101 note) is amended by striking
paragraph (2).
(e) Property Owners and Regulatory Protections.--Nothing in
this section--
(1) abridges any right of a public or private property
owner, including the right to refrain from participating in
any plan, project, program, or activity conducted within a
National Heritage Area;
(2) requires any property owner to permit public access
(including Federal, State, Tribal government, or local
government access) to a property;
(3) modifies any provision of Federal, State, Tribal, or
local law with respect to public access or use of private
land;
(4)(A) alters any applicable land use regulation, land use
plan, or other regulatory authority of any Federal, State, or
local agency or Tribal government; or
(B) conveys to any local coordinating entity any land use
or other regulatory authority;
(5) authorizes or implies the reservation or appropriation
of water or water rights;
(6) diminishes the authority of a State to manage fish and
wildlife, including through the regulation of fishing and
hunting within a National Heritage Area in the State; or
(7) creates or affects any liability--
(A) under any other provision of law; or
(B) of any private property owner with respect to any
person injured on private property.
(f) Authorization of Appropriations.--
(1) In general.--Notwithstanding any other provision of
law, there is authorized to be appropriated to the Secretary
for each fiscal year not more than $1,000,000 for each
National Heritage Area.
(2) Cost-sharing requirement.--
(A) Federal share.--Except as otherwise provided in
applicable law, including any law designating a National
Heritage Area, the Federal share of the total cost of any
activity funded with appropriations authorized by paragraph
(1) shall be not more than 50 percent.
(B) Form of non-federal share.--The non-Federal share of
the total cost of any activity funded with appropriations
authorized by paragraph (1) may be in the form of in-kind
contributions of goods or services fairly valued.
(3) Authority to provide assistance.--Notwithstanding any
other provision of law, the Secretary may provide assistance
to a National Heritage Area during any fiscal year for which
appropriations are authorized under paragraph (1).
______