National Heritage Partnership Act

        [Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 760 Introduced in House (IH)]

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 Representatives 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 designated 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 implementation of
projects and programs among diverse partners in the
National Heritage Area.
(2) Management plan.--The term ``management plan'' means
the plan prepared by the local coordinating entity for a
National Heritage Area designated 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 heritage of the United States and meets the
criteria established under section 4(a).
(4) National importance.--The term ``national 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 interpreting
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 parties for potential designation by
Congress as a National 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 processes 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 Secretary 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 reimbursable or non-
reimbursable basis (as determined by the Secretary), for the
development and implementation of management plans for
designated National Heritage Areas;
(3) enter into cooperative agreements with interested
parties to carry out this Act;
(4) provide information, promote understanding, and
encourage research on National Heritage Areas in partnership
with local coordinating entities;
(5) provide national oversight, analysis, coordination, and
technical assistance and support to ensure consistency and
accountability under the program; and
(6) submit annually to the Committee on Resources of the
House of Representatives and the Committee on Energy and
Natural Resources of the Senate a report describing the
allocation and expenditure of funds for activities conducted
with respect 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 determine the suitability and
feasibility of designating a proposed National Heritage Area:
(1) An area--
(A) has an assemblage of natural, historic,
cultural, educational, scenic, or recreational
resources 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 recognition,
conservation, interpretation, and continuing 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 heritage 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 organizations,
and governments (including relevant Federal land management
agencies) within the proposed 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 commitment to work in partnership to
protect, enhance, interpret, 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 developed and is
supported by the public and participating 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 accordance with
the criteria specified in subsection (a)) on the feasibility of
designating the National Heritage Area;
(2) consult with the Governor of each State in which the
proposed National Heritage Area is located; 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 Governor of each
State in which the proposed National 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 Secretary 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, strategies, 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 Heritage
Area;
(2) include a description of actions and commitments 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 protect, enhance, interpret,
fund, manage, and develop the National Heritage Area;
(4) include an inventory of the natural, historical,
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 resource
management, including the development of intergovernmental and
interagency agreements to protect, enhance, interpret, fund,
manage, and develop 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, enhancement,
interpretation, funding, management, and development;
and
(C) specific commitments for implementation that
have been made by the local coordinating entity or any
government agency, organization, business, or
individual;
(7) include an analysis of, and recommendations 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 National 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 management plan is not
submitted to the Secretary in accordance with paragraph (1),
the local coordinating entity shall not qualify for any
additional financial 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 receiving the
plan, the Secretary shall review and approve or disapprove the
management plan for a National Heritage Area on the basis of
the criteria established under paragraph (3).
(2) Consultation.--The Secretary shall consult 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 National 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 historic resource
protection organizations, educational institutions,
businesses, recreational organizations, 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 hearings) in the
preparation of the management plan; and
(ii) provides for at least semiannual
public meetings to ensure adequate
implementation of the management plan;
(C) the resource protection, enhancement,
interpretation, funding, management, and development
strategies described in the management plan, if
implemented, would adequately protect, enhance,
interpret, fund, manage, and develop the natural,
historic, cultural, educational, scenic, and
recreational resources of the National Heritage Area;
(D) the management plan would not adversely affect
any activities authorized on Federal land under public
land laws or land use plans;
(E) the local coordinating entity has demonstrated
the financial capability, in partnership 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 entity, Federal, State,
and local governments, regional planning organizations,
nonprofit organizations, or private sector parties for
implementation of the management plan.
(4) Disapproval.--
(A) In general.--If the Secretary disapproves the
management plan, the Secretary--
(i) shall advise the local coordinating
entity in writing of the reasons for the
disapproval; 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 revised 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 disapproved in the same
manner as the original management plan.
(B) Implementation.--The local coordinating entity
shall not use Federal funds authorized by this Act to
implement an amendment to the management plan until the
Secretary approves the amendment.

SEC. 6. LOCAL COORDINATING ENTITIES.

(a) Duties.--To further the purposes of the National Heritage Area,
the local coordinating entity shall--
(1) prepare a management plan for the National 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
accomplishments of the local coordinating committee;
(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 during the
fiscal year;
(3) make available for audit for each fiscal year for which
the local coordinating entity receives Federal funds under this
Act, all information pertaining to the expenditure of the funds
and any matching funds; and
(4) encourage economic viability and sustainability 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, nonprofit
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 individuals with
expertise in--
(A) natural, historical, cultural, educational,
scenic, and recreational resource conservation;
(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 Property.--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 authority of a
Federal agency to provide technical or financial 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 encouraged to consult and coordinate the activities
with the Secretary and the local coordinating entity to the maximum
extent practicable.
(c) Other Federal Agencies.--Nothing in this Act--
(1) modifies, alters, or amends any law or regulation
authorizing a Federal agency to manage Federal land under the
jurisdiction of the Federal agency;
(2) limits the discretion of a Federal land manager 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 Federal agency.

SEC. 8. PRIVATE PROPERTY AND REGULATORY PROTECTIONS.

Nothing in this Act--
(1) abridges the rights of any property owner (whether
public or private), including the right to refrain from
participating in any plan, project, program, or activity
conducted within the National Heritage Area;
(2) requires any property owner to permit public access
(including access by Federal, State, or local agencies) to the
property of the property owner, or to modify public access or
use of property of the property owner under any other Federal,
State, or local law;
(3) alters any duly adopted land use regulation, approved
land use plan, or other regulatory authority of any Federal,
State or local agency, or conveys any land use or other
regulatory authority to any local coordinating entity;
(4) authorizes or implies the reservation or appropriation
of water or water rights;
(5) diminishes the authority of the State to manage fish
and wildlife, including the regulation of fishing and hunting
within the National Heritage Area; or
(6) creates any liability, or affects any liability under
any other law, of any private property owner with respect to
any person injured on the private property.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

(a) Studies.--There is authorized to be appropriated to conduct and
review studies under section 4 $750,000 for each fiscal year, of which
not more than $250,000 for any fiscal year may be used for any
individual study for a proposed National Heritage Area.
(b) Local Coordinating Entities.--
(1) In general.--There is authorized to be appropriated to
carry out section 6 $15,000,000 for each fiscal year, of which
not more than--
(A) $1,000,000 may be made available for any fiscal
year for any individual National Heritage Area, to
remain available until expended; and
(B) a total of $10,000,000 may be made available
for all such fiscal years for any individual National
Heritage Area.
(2) Termination date.--
(A) In general.--The authority of the Secretary to
provide financial assistance to an individual local
coordinating entity under this Act (excluding technical
assistance and administrative oversight) shall
terminate on the date that is 15 years after the date
of the initial receipt of the assistance by the local
coordinating committee.
(B) Designation.--A National Heritage Area shall
retain the designation as a National Heritage Area
after the termination date prescribed in subparagraph
(A).
(3) Administration.--Not more than 5 percent of the amount
of funds made available under paragraph (1) for a fiscal year
may be used by the Secretary for technical assistance,
oversight, and administrative purposes.
(c) Matching Funds.--
(1) In general.--As a condition of receiving a grant under
this Act, the recipient of the grant shall provide matching
funds in an amount that is equal to the amount of the grant.
(2) Administration.--The recipient matching funds--
(A) shall be derived from non-Federal sources; and
(B) may be made in the form of in-kind
contributions of goods or services fairly valued.
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