,i #aacth ,,congress #ast ,session ,h4 ,r4 #dde ,,in ,,the ,,house ,,of ,,representatives ,february #a1 #bjac ,mr4 ,dent 7for himself and ,mr4 ,tonko7 introduced the following bill2 which was referred to the ,committee on ,natural ,resources ,a ,,bill ,to authorize a ,national ,heritage ,area ,program1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,national ,heritage ,area ,act of #bjac4 7b7 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,findings and purposes4 ,sec4 #c4 ,definitions4 ,sec4 #d4 ,national ,heritage ,areas ,system4 ,sec4 #e4 ,feasibility studies4 ,sec4 #f4 ,management plan4 ,sec4 #g4 ,designation4 ,sec4 #h4 ,evaluation4 ,sec4 #i4 ,local coordinating entities4 ,sec4 #aj4 ,relationship to other ,federal agencies4 ,sec4 #aa4 ,property owners and regulatory protections4 ,sec4 #ab4 ,funding4 ,sec4 #ac4 ,sunset4 #b4 ,findings and purposes 7a7 ,findings ,the ,congress finds the following3 7#a7 ,certain areas of the ,united ,states tell nationally significant stories2 they illustrate significant aspects of our heritage2 possess exceptional natural1 cultural1 scenic1 and historic resources2 and represent the diversity of our national character4 7#b7 ,in these areas1 the interaction of natural processes1 geography1 history1 cultural traditions1 and economic and social forces form distinctive landscapes that should be recognized1 conserved1 enhanced1 and interpreted to improve the quality of life in the regions and to provide opportunities for public appreciation1 education1 enjoyment1 and economic sustainability4 7#c7 ,local initiatives based on community and regional visions1 involving public_/private partnerships1 are critical to conserving1 enhancing1 and interpreting natural1 historic1 scenic1 and cultural resources related to our ,american heritage4 ,these initiatives should be encouraged and supported by the ,federal ,government with the concurrence of the relevant ,federal land management agencies and tribal governments by providing financial and technical assistance4 7#d7 ,partnerships among ,federal1 ,state1 tribal1 and local governments1 nonprofit organizations1 the private sector1 and citizens provide the most viable framework to recognize1 conserve1 enhance1 and interpret the resources of places that have made important contributions to the national story4 7#e7 ,communities and regions need assistance to set resource stewardship and interpretive goals1 and to implement strategies for resource conservation and renewed economic viability in these areas4 7#f7 ,a unified national process as well as certain standards for designation of ,national ,heritage ,areas need to be established to provide a consistent framework4 ,the process should include a system for approval of heritage area management plans4 7#g7 ,national ,heritage ,areas located near or encompassing units of the ,national ,park ,system provide an additional basis for public enjoyment of parks and park-related resources1 and it is appropriate for these parks to participate in1 assist with1 and benefit from local heritage initiatives that conserve and interpret resources over a larger area beyond the park's boundaries4 7#h7 ,it is in the national interest1 and will benefit future generations1 to establish a system of ,national ,heritage ,areas to encourage natural and cultural resource conservation1 interpretation1 enhancement1 and economic sustainability1 and for full public understanding and appreciation of the many resources1 places1 events1 and peoples that have contributed to the rich heritage of this ,nation4 7b7 ,purposes ,the purposes of this ,act are to-- 7#a7 establish a system of regional and community-based ,national ,heritage ,areas to conserve1 enhance1 and interpret natural1 historic1 scenic1 and cultural resources that together tell nationally significant stories representing our country's heritage2 7#b7 promote public understanding1 appreciation and enjoyment of the many places1 events1 and people that have contributed to our diverse national story2 7#c7 promote innovative and partnership-driven management strategies that recognize regional values1 to encourage locally tailored resource stewardship and interpretation1 to develop economically viable and innovative approaches to community conservation1 and to provide for the effective leveraging of ,federal funds with ,state1 local1 tribal1 and private funding sources2 7#d7 provide unified national standards and processes for conducting feasibility studies1 designating ,national ,heritage ,areas1 and approving heritage area management plans2 7#e7 provide appropriate linkages among units of the ,national ,park ,system1 and communities1 governments1 and organizations within ,national ,heritage ,areas to conserve1 enhance1 and interpret resources outside of park boundaries2 and 7#f7 authorize the ,secretary of the ,interior to provide financial and technical assistance to local coordinating entities that act as a catalyst for diverse regions1 communities1 organizations1 and citizens to undertake projects and programs for resource stewardship and interpretation4 #c4 ,definitions ,in this ,act3 7#a7 ,feasibility study ,the term feasibility study means a study conducted by the ,secretary of the ,interior1 or conducted by one or more other interested parties and reviewed by the ,secretary1 in accordance with the criteria and processes outlined in section #e1 to determine whether an area meets the criteria to be designated as a ,national ,heritage ,area by ,congress4 7#b7 ,local coordinating entity ,the term local coordinating entity means the entity designated by ,congress to undertake1 in partnership with others1 the management plan and to act as a catalyst for implementation projects and programs among diverse partners in a ,national ,heritage ,area4 7#c7 ,management plan ,the term management plan means the plan prepared by the local coordinating entity for a ,national ,heritage ,area that specifies actions1 policies1 strategies1 performance goals1 and recommendations taken to meet the goals of the heritage area as specified in this ,act4 7#d7 ,national heritage area ,the term ,national ,heritage ,area means a region designated by ,congress that tells nationally significant stories representing our ,american heritage4 7#e7 ,proposed national heritage area ,the term proposed ,national ,heritage ,area is an area or corridor under study by the ,secretary of the ,interior or other parties for potential designation by ,congress as a ,national ,heritage ,area4 7#f7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#g7 ,system ,the term system means the system of ,national ,heritage ,areas established under section #d4 7#h7 ,tribal government ,the term tribal government means the governing body of an ,indian tribe1 band1 nation1 or other organized group or community of ,indians that is recognized by the ,secretary as having a government-to-government relationship 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 ,indians1 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 #aii 7#be ,u4,s4,c4 #dgi;a74 7#i7 ,tribal lands ,the term tribal lands means all lands within the exterior boundaries of any ,indian reservation1 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 against alienation1 and all dependent ,indian communities4 #d4 ,national ,heritage ,areas ,system 7a7 ,in general ,in order to recognize certain areas of the ,united ,states that tell nationally significant stories and to conserve1 enhance1 and interpret the areas' natural1 historic1 scenic1 and cultural resources that together illustrate significant aspects of our country's heritage1 there is established a ,national ,heritage ,areas ,system through which the ,secretary may provide technical and financial assistance to local coordinating entities to support the establishment1 development1 and continuity of the ,national ,heritage ,areas4 7b7 ,system ,the ,national ,heritage ,areas ,system shall be composed of the following3 7#a7 ,national ,heritage ,areas designated before the date of the enactment of this ,act4 7#b7 ,national ,heritage ,areas designated under this ,act4 7c7 ,relationship to the national park system 7#a7 ,relationship to national park units ,the ,secretary shall-- 7,a7 assure to the maximum extent practicable1 participation and assistance by any unit 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 ,national ,heritage ,area2 and 7,b7 work with ,national ,heritage ,areas to promote public enjoyment of units of the ,national ,park ,system and park-related resources4 7#b7 ,applicability of laws ,national ,heritage ,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 ,system4 7d7 ,duties ,under the system1 the ,secretary shall-- 7#a7 undertake studies as directed by ,congress through legislation to assess the feasibility of designating proposed ,national ,heritage ,areas or review and comment on studies undertaken by other parties for this purpose as provided in section #e2 7#b7 review and approve or disapprove the management plan for a ,national ,heritage ,area as provided in section #g2 7#c7 submit to the ,committee on ,natural ,resources of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,united ,states ,senate reports describing the activities conducted with respect to ,national ,heritage ,areas in accordance with this ,act2 and 7#d7 conduct an evaluation of the accomplishments and prepare a report with recommendations for the ,national ,park ,service's future role with respect to each designated ,national ,heritage ,area as outlined in section #h4 7e7 ,authorities ,in carrying out this ,act1 the ,secretary may-- 7#a7 provide technical and financial assistance in accordance with the provisions of section #aj1 and the amounts authorized under section #ab1 on a reimbursable or nonreimbursable basis as determined by the ,secretary in the development and implementation of management plans and for administrative functions for designated ,national ,heritage ,areas2 7#b7 enter into cooperative agreements with other ,federal agencies1 ,state1 tribal and local governments1 local coordinating entities1 and other interested parties to carry out the purposes of this ,act2 7#c7 provide information1 promote understanding1 and encourage research on ,national ,heritage ,areas in partnership with local coordinating entities2 and 7#d7 provide national oversight1 analysis1 coordination1 technical and financial assistance1 and support to ensure consistency and accountability of the system4 #e4 ,feasibility studies ,the ,secretary1 in undertaking a feasibility study1 or reviewing a feasibility study conducted by others1 shall apply the following criteria to determine the suitability and feasibility of designating a proposed ,national ,heritage ,area3 7#a7 ,the proposed area is worthy of designation as a ,national ,heritage ,area because-- 7,a7 the area includes natural1 historic1 cultural1 or scenic resources that are associated with nationally significant themes and events and these resources-- 7i7 combine to form a distinct and cohesive landscape2 and 7ii7 retain enough integrity to support the themes and events associated with the area's national importance2 and 7,b7 the area provides opportunities to conserve natural1 historic1 cultural1 or scenic resource through local and regional partnerships4 7#b7 ,a conceptual boundary for the proposed area is developed based upon community input and the resources and themes that support the area's national importance4 7#c7 ,residents1 business interests1 nonprofit organizations1 and governments1 including ,federal land management agencies and tribal governments within the proposed area1 have been involved in the feasibility study process and have demonstrated significant support through letters and other means for ,national ,heritage ,area designation4 7#d7 ,a local coordinating entity has been selected to operate the proposed heritage area's activities and the organization is supported by residents1 business interests1 nonprofit organizations1 and governments within the proposed area4 7#e7 ,the recommendations put forth in the feasibility study are consistent with continued economic activity within the area4 #f4 ,management plan ,the plan for any ,national ,heritage ,area shall-- 7#a7 use a comprehensive planning approach that includes-- 7,a7 opportunities for stakeholders 7i4e41 community members1 local and regional governments1 tribes1 businesses1 nonprofits1 and others7 to be involved in the planning process2 7,b7 opportunities for stakeholders to review and comment on the draft plan2 and 7,c7 documentation of the planning and public participation processes used to develop the plan1 including how it was prepared1 who was involved in the process1 and how and when the stakeholders were involved2 7#b7 include an inventory of the natural1 historic1 cultural1 or scenic resources of the ,national ,heritage ,area related to the nationally significant themes and events of the region that should be protected1 enhanced1 interpreted1 managed1 or developed2 7#c7 identify comprehensive goals1 strategies1 policies1 and recommendations for telling the story of the region's heritage and encouraging long-term resource protection1 enhancement1 interpretation1 and development2 7#d7 include recommendations for ways in which local1 ,state1 tribal1 and ,federal entities may best be coordinated1 including the role of the ,national ,park ,service and other ,federal agencies associated with the ,national ,heritage ,area1 to further the purposes of this ,act2 7#e7 outline a strategy for the local coordinating entity to achieve financial sustainability2 7#f7 include an implementation program that identifies-- 7,a7 prioritized actions and criteria for selecting future projects2 7,b7 the ways in which stakeholders will be involved in their implementation2 7,c7 existing and potential sources of funding2 7,d7 performance goals2 and 7,e7 the manner in which the plan will be evaluated and updated2 and 7#g7 include a business plan for the local coordinating entity that1 at minimum1 addresses management and operation1 products or services offered1 the target market for products and services1 and revenue streams4 #g4 ,designation 7a7 ,in general ,the designation of a ,national ,heritage ,area shall be-- 7#a7 by ,act of ,congress2 and 7#b7 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 #e4 7b7 ,component of the system ,any ,national ,heritage ,area designated under subsection 7a7 shall be a component of the ,national ,heritage ,areas ,system established in section #d4 #h4 ,evaluation 7a7 ,in general ,not later than every #aj years after the date on which of the ,national ,heritage ,area occurs1 the ,secretary shall conduct an evaluation of the accomplishments of the ,national ,heritage ,area and prepare a report with recommendations for the ,national ,park ,service's continued role with respect to the ,national ,heritage ,area4 7b7 ,evaluation components ,an evaluation prepared under subsection 7a7 shall-- 7#a7 assess the progress of the local coordinating entity with respect to-- 7,a7 accomplishing the purposes of the authorizing legislation for the ,national ,heritage ,area2 and 7,b7 achieving the goals and objectives of the approved management plan for the ,national ,heritage ,area2 7#b7 analyze the ,federal1 ,state1 local1 and private investments in the ,national ,heritage ,area to determine the leverage and impact of the investments2 and 7#c7 review the management structure1 partnership relationships1 and funding of the ,national ,heritage ,area for purposes of identifying the critical components for sustainability of the ,national ,heritage ,area4 7c7 ,recommendations ,based upon the evaluation under subsection 7a71 the ,secretary shall prepare a report with recommendations for the ,national ,park ,service's continued role with respect to the ,national ,heritage ,area4 ,if the report recommends that ,federal funding for the ,national ,heritage ,area be-- 7#a7 continued1 the report shall include an analysis of-- 7,a7 ways in which ,federal funding for the ,national ,heritage ,area may be reduced or eliminated over time2 and 7,b7 the appropriate time period necessary to achieve the recommended reduction or elimination2 and 7#b7 eliminated1 the report to ,congress shall include a description potential impacts on conservation1 interpretation1 and sustainability of the partnership4 7d7 ,submission to congress ,on completion of a report under subsection 7c71 the ,secretary shall submit the report to-- 7#a7 the ,committee on ,energy and ,natural ,resources of the ,senate2 and 7#b7 the ,committee on ,natural ,resources of the ,house of ,representatives4 #i4 ,local coordinating entities 7a7 ,duties ,to further the purposes of the ,national ,heritage ,area1 the local coordinating entity shall-- 7#a7 prepare and submit a management plan for the ,national ,heritage ,area to the ,secretary in accordance with section #g2 7#b7 submit an annual report to the ,secretary for any fiscal year in which it receives ,federal funds under this ,act1 setting forth its specific performance goals and accomplishments1 expenses and income1 amounts and sources of matching funds as appropriate1 the amounts leveraged with ,federal funds and sources of such leveraging1 and grants made to any other entities during the year for which the report is made2 7#c7 make available for audit for any fiscal year in which it receives ,federal funds under this ,act1 all information pertaining to the expenditure of such funds and any matching funds2 and 7#d7 encourage by appropriate means economic viability and sustainability that is consistent with the purposes of the ,national ,heritage ,area4 7b7 ,authorities ,the local coordinating entity may1 subject to the prior approval of the ,secretary1 for the purposes of preparing and implementing the approved management plan for the ,national ,heritage ,area1 use ,federal funds made available through this ,act to-- 7#a7 make grants to political jurisdictions1 nonprofit organizations1 and other parties within the ,national ,heritage ,area2 7#b7 enter into cooperative agreements with or provide technical assistance to political jurisdictions1 nonprofit organizations1 ,federal agencies1 and other interested parties2 7#c7 hire and compensate staff which may include individuals with expertise in natural1 cultural1 and historic resources conservation2 economic and community development2 and heritage planning2 7#d7 obtain money or services from any source including any that are provided under other ,federal laws or programs2 7#e7 contract for goods or services2 and 7#f7 support activities of partners and any other activities that further the purposes of the ,national ,heritage ,area and are consistent with the approved management plan4 7c7 ,prohibitions on the acquisition of real property ,the local coordinating entity may not use ,federal funds received under this ,act to acquire any interest in real property4 #aj4 ,relationship to other ,federal agencies 7a7 ,provision of assistance ,this ,act shall not affect the authority of any ,federal official to provide technical or financial assistance under any other law4 7b7 ,coordination ,the head of any ,federal agency 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 entity4 7c7 ,other laws and regulations ,this ,act shall not modify any law or regulation authorizing ,federal officials to manage ,federal land under their control or limit the discretion of ,federal land managers to implement approved land use plans within the boundaries of a ,national ,heritage ,area1 nor shall this ,act be construed to modify1 alter1 or amend any authorized uses of these ,federal lands4 #aa4 ,property owners and regulatory protections ,nothing in this ,act shall be construed to-- 7#a7 abridge the rights of any property owner1 whether public or private1 including the right to refrain from participating in any plan1 project1 program1 or activity conducted within the ,national ,heritage ,area2 7#b7 require any property owner to permit public access 7including ,federal1 ,state1 tribal1 or local government access7 to such property or to modify any provisions of ,federal1 ,state1 tribal1 or local law with regard to public access or use of private lands2 7#c7 alter any duly adopted land use regulation or any approved land use plan or any other regulatory authority of any ,federal1 ,state1 or local agency or tribal government1 or to convey any land use or other regulatory authority to any local coordinating entity2 7#d7 authorize or imply the reservation or appropriation of water or water rights2 7#e7 diminish the authority of the ,state to manage fish and wildlife including the regulation of fishing and hunting within the ,national ,heritage ,area2 or 7#f7 create any liability1 or to have any effect on any liability under any other law1 of any private property owner with respect to any persons injured on such private property4 #ab4 ,funding 7a7 ,authorization of appropriations 7#a7 ,there are authorized to be appropriated to carry out the activities under section #i not more than #gjj1jjj for any fiscal year for each ,national ,heritage ,area to remain available until expended4 7#b7 ,in addition to amounts authorized in paragraph 7#a71 there are authorized to be appropriated to the ,secretary-- 7,a7 not more than #cjj1jjj for any fiscal year1 to conduct feasibility studies by the ,national ,park ,service in accordance with the provisions of section #e1 with not more than #ajj1jjj allocated in the fiscal year for any one feasibility study for a proposed ,national ,heritage ,area2 and 7,b7 not more than #gej1jjj for any fiscal year1 to conduct management plans by the ,national ,park ,service in accordance with the provisions of section #f1 with not more than #bej1jjj allocated in the fiscal year for any one management plan for a proposed ,national ,heritage ,area4 7#c7 ,funding provided under paragraph 7#b7 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 management plan4 7b7 ,matching funds ,as a condition of providing financial assistance under this section to a local coordinating entity1 the ,secretary shall require the entity to provide matching funds-- 7#a7 equal to the amount of the financial assistance provided for designated ,national ,heritage ,areas for any ,fiscal ,year2 7#b7 of #be percent of the total grant amount received for feasibility study2 and 7#c7 of #ej percent of the total grant amount received for a management plan4 ,the local coordinating entity's matching funds-- 7,a7 must be from non-,federal sources2 and 7,b7 may be made in the form of in-kind contributions of goods or services fairly valued4 7c7 ,administrative ,there are authorized to be appropriated to the ,secretary such sums as may be necessary for technical assistance1 oversight1 and administrative purposes4 #ac4 ,sunset ,the system of ,national ,heritage ,areas within the ,national ,park ,system established under this ,act shall expire on the date that is #be years after the date of the enactment of this ,act4