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108th CONGRESS
1st Session
H. R. 1427
To establish the criteria and mechanisms for the designation of certain
areas in the United States containing nationally important natural,
historic, and cultural resources and recreational and educational
opportunities 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 as national heritage areas, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 25, 2003
Mr. Hefley introduced the following bill; which was referred to the
Committee on Resources
_______________________________________________________________________
A BILL
To establish the criteria and mechanisms for the designation of certain
areas in the United States containing nationally important natural,
historic, and cultural resources and recreational and educational
opportunities 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 as national heritage areas, 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
Areas Policy Act''.
(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 areas for designation as national heritage
areas.
Sec. 5. Requirements applicable to feasibility studies.
Sec. 6. Management plans.
Sec. 7. Grants for proposed national heritage areas.
Sec. 8. Grants to support designated national heritage areas.
Sec. 9. Technical assistance.
Sec. 10. Termination of designation.
Sec. 11. Private property protection.
Sec. 12. Relationship to other federal programs.
Sec. 13. Savings provisions.
Sec. 14. Funding.
SEC. 2. PURPOSES.
The purposes of this Act are as follows:
(1) To establish the criteria and mechanisms for the
designation of certain areas in the United States containing
nationally important natural, historic, and cultural resources
and recreational and educational opportunities 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 as national heritage areas.
(2) To strengthen, complement, and support the existing
units of the National Park System through the interpretation
and conservation of the associated living landscapes outside of
the boundaries of those units.
(3) To describe the extent of Federal responsibilities and
duties in regard to future national heritage areas.
(4) To encourage collaboration and partnerships among State
and local governments, nonprofit organizations, and the private
sector, or combinations thereof, to conserve and manage the
resources and opportunities in national heritage areas.
(5) To authorize Federal financial and technical assistance
to local coordinating entities to assist in the conservation
and interpretation of 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 other interested parties and approved by the Secretary
in accordance with this Act, regarding the feasibility of
designating any proposed national heritage area as a national
heritage area.
(2) Local coordinating entity.--The term ``local
coordinating entity'' means, with respect to a national
heritage area--
(A) an entity recognized by the Secretary, but only
after consultation with the chief executive officer of
the State in which the national heritage area is
located (or if the area is located in more than one
State, the chief executive officers of all such
States), that agrees to perform the duties of a local
coordinating entity under this Act; or
(B) a Federal commission designated by Congress
with members appointed by the Secretary to perform the
duties of a local coordinating entity under this Act.
(3) National heritage area.--The term ``national heritage
area'' means an area or corridor designated by an Act of
Congress as a national heritage area.
(4) Proposed national heritage area.--The term ``proposed
national heritage area'' means an area or corridor that has
been authorized by an Act of Congress for which the Secretary
has been explicitly authorized to conduct a study to determine
the suitability and feasibility of designating the area or
corridor as a national heritage area.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) State.--The term ``State'' means each of the Several
States, the District of Columbia, Guam, the Virgin Islands,
American Samoa, the Commonwealth of Puerto Rico, and the
Commonwealth of the Northern Mariana Islands.
(7) Unit of local government.--The term ``unit of local
government'' means the government of a State, a political
subdivision of a State, or an Indian tribe.
SEC. 4. RECOMMENDATION OF AREAS FOR DESIGNATION AS NATIONAL HERITAGE
AREAS.
(a) In General.--The Secretary may recommend to Congress that an
area or corridor be designated as a national heritage area only if, not
later than 5 years after the Act explicitly authorizing the Secretary
to conduct a study to determine the suitability and feasibility of
designating the area or corridor as a national heritage area, the
Secretary has--
(1) determined, based upon a feasibility study conducted
for the proposed national heritage area that the area contains
resources of national importance and is suitable and
appropriate for designation as a national heritage area;
(2) approved a management plan developed in accordance with
this Act for the proposed national heritage area that includes
a business plan as described in section 6(b)(4)(G); and
(3) determined that subsection (b) has been complied with
and the 60 day time period referred to in subsection (b)(2) has
expired.
(b) Consideration of Local Property Owners.--Prior to a
recommendation by the Secretary that an area or corridor be designated
as a national heritage area, the local coordinating entity shall--
(1) contact each owner of private property in writing
within the boundary of the proposed national heritage area; and
(2) provide sufficient information to allow the property
owner to make an informed decision within 60 days whether or
not to allow their property to be used in the activities of the
designated national heritage area.
SEC. 5. REQUIREMENTS APPLICABLE TO FEASIBILITY STUDIES.
(a) Study Process and Content.--A feasibility study for a proposed
national heritage area shall--
(1) be conducted by the Secretary or by one or more other
interested parties for the proposed national heritage area;
(2) be conducted with participation from the public and
units of local government; and
(3) include the following:
(A) Sufficient information to determine whether the
proposed national heritage area meets the criteria
specified in subsection (b).
(B) A description of the natural, historic, and
cultural resources and recreational, interpretive, and
educational opportunities presented by the proposed
national heritage area, including an assessment of the
quality and integrity of, the availability of public
access to, and the themes represented by such resources
and opportunities.
(C) An assessment of the interest of, and impact of
possible designation upon, potential partners, units of
government, nonprofit organizations, and other private
entities.
(D) A description of the boundaries and conceptual
framework for the proposed national heritage area, if
the study concludes that all or a portion of the
proposed national heritage area is appropriate for
designation as a national heritage area.
(E) The identity of the local coordinating entity
for the proposed national heritage area.
(b) Criteria for Concluding Area Is Appropriate for Designation.--
The criteria referred to in subsection (a)(3)(A) are the following:
(1) Assemblage of resources.--The proposed national
heritage area is a cohesive assemblage of natural, historic,
cultural, or recreational resources that--
(A) together represent distinctive aspects of
American heritage worthy of recognition, conservation,
interpretation, and continuing use; and
(B) are best managed through partnerships between
private and public entities.
(2) Traditions, customs, beliefs, or folklife.--The
proposed national heritage area reflects traditions, customs,
beliefs, or folklife, or some combination thereof, that are a
valuable part of the heritage of the United States.
(3) Conservation of natural, cultural, or historic
features.--The proposed national heritage area provides
outstanding opportunities to conserve natural, cultural, or
historic features, or some combination thereof.
(4) Recreational and educational opportunities.--The
proposed national heritage area provides outstanding
recreational and interpretive opportunities.
(5) Themes and integrity of resources.--The proposed
national heritage area has an identifiable theme, and resources
important to the theme retain integrity capable of supporting
interpretation.
(6) Support.--Residents, nonprofit organizations, other
private entities, and units of local government throughout the
proposed national heritage area demonstrate support through
letters or other means for designation of the proposed national
heritage area as a national heritage area and for management of
the proposed national heritage area as appropriate for such
designation.
(c) Comments of State Chief Executive Officer.--Before submitting
any feasibility study to the Congress regarding a proposed national
heritage area, the Secretary shall solicit comments from the chief
executive officer of each State in which the proposed national heritage
area is located. The Secretary shall include in the study any comments
the Secretary receives from each relevant chief executive officer.
(d) Submission of Feasibility Study.--Upon completion or approval
by the Secretary of a feasibility study, the Secretary shall submit the
study to the Committee 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 recommendations of the
Secretary with respect to the proposed designation to which the study
relates.
(e) Studies by Interested Parties.--For the purposes of any Act
authorizing the Secretary to conduct a study to determine the
feasibility of designating an area as a national heritage area, the
Secretary may approve a feasibility study submitted by one or more
interested parties in lieu of conducting the study if the feasibility
study meets the requirements of this Act unless the Act authorizing the
study explicitly exempts the study from this subsection.
(f) Approval and Disapproval of a Feasibility Study.--
(1) In general.--Not later than 90 days after receipt of a
feasibility study for a proposed national heritage area, the
Secretary shall approve or disapprove the study. If the
Secretary has not approved or disapproved the study within that
90-day period, the study shall be considered approved.
(2) Disapproval and revisions.--If the Secretary
disapproves a feasibility study for a proposed national
heritage area, the Secretary shall advise the entity that
submitted the study, in writing, of the reasons for the
disapproval and shall make recommendations, if any, for a
revision of the study. Not later than 90 days after receipt of
a revised feasibility study, the Secretary shall approve or
disapprove the revised study. If the Secretary has not approved
or disapproved the revised study within that 90-day period, the
revised study shall be considered approved.
SEC. 6. MANAGEMENT PLANS.
(a) Requirements.--In order to meet the requirements of this Act, a
management plan for a proposed national heritage area shall be prepared
by the local coordinating entity for the proposed national heritage
area in accordance with this section. In preparing the management plan,
the local coordinating entity shall perform each of the following
duties:
(1) Management plan.--Prepare and submit a management plan
reviewed by participating units of local government within the
boundaries of the proposed national heritage area.
(2) Collaboration.--Collaborate with and consider the
interests of diverse units of government, businesses, tourism
officials, private property owners, and nonprofit groups within
the geographic area of the proposed national heritage area in
developing and implementing 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 proposed national
heritage area.
(4) Records for audits.--Make available to the Secretary
for audit, for any year in which Federal funds have been
received under this Act, all records pertaining to the
expenditure of such funds and any matching funds, and require,
for all agreements 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 management plan prepared for
a proposed national heritage area shall--
(1) present a comprehensive program for the conservation,
interpretation, funding, management, and development of the
proposed national heritage area and of the historical,
cultural, and natural resources and the recreational and
educational opportunities of the proposed national heritage
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