,,iib #aafth ,,congress #b;d ,session ,h4 ,r4 #ajdi ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #g1 #bjbj,received2 read twice and referred to the ,committee on ,energy and ,natural ,resources ,,an ,,act ,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 #bjbj4 7b7 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,definitions4,sec4 #c4 ,national ,heritage ,area ,system4,sec4 #d4 ,national ,heritage ,area ,system management4,sec4 #e4 ,study areas4,sec4 #f4 ,local coordinating entities4,sec4 #g4 ,property owners and regulatory protections4,sec4 #h4 ,authorization of appropriations4,sec4 #i4 ,statutory ,clarification4 #b4 ,definitions ,in this ,act3 7#a7 ,feasibility study ,the term feasibility study means a study conducted by the ,secretary1 or conducted by one or more other interested parties and reviewed and approved by the ,secretary1 in accordance with the criteria and processes required by section #e1 to determine whether a study area meets the criteria to be designated by ,federal statute as a ,national ,heritage ,area4 7#b7 ,indian ,tribe ,the term ,indian ,tribe means any ,indian or ,alaska ,native tribe1 band1 nation1 pueblo1 village1 or other community the name of which is included on the list most recently published by the ,secretary of the ,interior pursuant to section #ajd of the ,federally ,recognized ,indian ,tribe ,list ,act of #aiid 7#be ,u4,s4,c4 #eaca74 7#c7 ,local coordinating entity ,the term local coordinating entity means the entity designated by ,federal statute to-- 7,a7 carry out1 in partnership with other individuals and entities1 the management plan for a ,national ,heritage ,area2 and 7,b7 operate a ,national ,heritage ,area1 including through the implementation of projects and programs among diverse partners in a ,national ,heritage ,area4 7#d7 ,management plan ,the term management plan means the management plan for a ,national ,heritage ,area required under this ,act4 7#e7 ,national heritage area ,the term ,national ,heritage ,area means-- 7,a7 each ,national ,heritage ,area1 ,national ,heritage ,corridor1 ,natural ,preservation ,commission1 ,national ,heritage ,canalway1 ,national ,heritage ,route1 ,heritage ,corridor1 ,cultural ,heritage ,corridor1 ,heritage ,partnership1 and ,national ,heritage ,partnership1 the ,shenandoah ,valley ,battlefields ,national ,historic ,district1 or other area designated by ,federal statute with the explicit purpose of establishing a national heritage area designated by ,congress before or on the date of enactment of this ,act2 and 7,b7 each ,national ,heritage ,area designated by ,federal statute after the date of enactment of this ,act1 unless the law designating the area exempts that area from the ,national ,heritage ,area ,system by specific reference to this ,act4 7#f7 ,national heritage area system ,the term ,national ,heritage ,area ,system means the system of ,national ,heritage ,areas established by this ,act4 7#g7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#h7 ,study area ,the term study area means a specific geographic area that is the subject of a feasibility study under section #e4 7#i7 ,tribal government ,the term ,tribal government means the governing body of an ,indian ,tribe4 #c4 ,national ,heritage ,area ,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 ,area ,system through which the ,secretary may provide technical and financial assistance to local coordinating entities to support the establishment1 development1 and continuity of ,national ,heritage ,areas4 7b7 ,national heritage area system ,the ,national ,heritage ,area ,system shall be composed of all ,national ,heritage ,areas4 7c7 ,relationship to the national park system 7#a7 ,relationship to national park units ,the ,secretary shall encourage 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 ,area4 7#b7 ,applicability of laws ,national ,heritage ,areas shall not be-- 7,a7 considered to be units of the ,national ,park ,system2 or 7,b7 subject to the authorities applicable to units of the ,national ,park ,system4 #d4 ,national ,heritage ,area ,system management 7a7 ,management plan 7#a7 ,in general ,not later than #c years after a ,national ,heritage ,area is included in the ,national ,heritage ,area ,system outlined by this ,act1 the local coordinating entity of the ,national ,heritage ,area shall submit to the ,secretary for approval a management plan for the ,national ,heritage ,area4 7#b7 ,requirements ,the management plan shall-- 7,a7 incorporate an integrated and cooperative approach for the protection1 enhancement1 and interpretation of the natural1 cultural1 historic1 scenic1 and recreational resources of the ,national ,heritage ,area2 7,b7 be developed using a comprehensive planning approach that includes-- 7i7 opportunities for stakeholders1 including community members1 local and regional governments1 ,tribal governments1 businesses1 nonprofit organizations1 and other interested parties-- 7,i7 to be involved in the planning process2 and 7,,ii7 to review and comment on draft management plans2 and 7ii7 documentation of the planning and public participation processes1 including a description of-- 7,i7 the means by which the management plan was prepared2 7,,ii7 the stakeholders involved in the process2 and 7,,iii7 the timing and method of stakeholder involvement2 7,c7 include-- 7i7 an inventory of-- 7,i7 the resources located in the ,national ,heritage ,area2 and 7,,ii7 any other property in the ,national ,heritage ,area that-- 7aa7 is related to the themes of the ,national ,heritage ,area2 and 7bb7 should be preserved1 restored1 managed1 or maintained because of the significance of the property2 7ii7 comprehensive policies1 strategies and recommendations for the conservation1 funding1 management1 and development of the ,national ,heritage ,area2 7iii7 a description of actions that the ,federal1 ,tribal1 ,state1 and local governments1 private organizations1 and individuals have agreed to take to protect the natural1 historical1 cultural1 scenic1 and recreational resources of the ,national ,heritage ,area2 7iv7 a program of implementation for the management plan by the local coordinating entity that includes a description of-- 7,i7 actions to facilitate ongoing collaboration among partners to promote plans for resource protection1 restoration1 and construction2 and 7,,ii7 specific commitments for implementation that have been made by the local coordinating entity or any government1 organization1 or individual for the first #e years of operation2 7v7 the identification of sources of funding for carrying out the management plan2 7vi7 analysis and recommendations for means by which ,federal1 ,tribal1 ,state1 and local programs1 including the role of the ,national ,park ,service in the ,national ,heritage ,area1 may best be coordinated to carry out this subsection2 and 7vii7 an interpretive plan for the ,national ,heritage ,area2 and 7,d7 recommend policies and strategies for resource management that consider and detail the application of appropriate land and water management techniques1 including the development of intergovernmental and interagency cooperative agreements to protect the natural1 historical1 cultural1 educational1 scenic1 and recreational resources of the ,national ,heritage ,area4 7#c7 ,exceptions ,the requirements in paragraph 7#b7 shall not apply to management plans in effect on the date of the enactment of this ,act4 7b7 ,evaluations 7#a7 ,in general ,not later than #a year before the authorization for ,federal funding expires for a ,national ,heritage ,area1 the ,secretary shall-- 7,a7 conduct an evaluation of the accomplishments of that ,national ,heritage ,area2 and 7,b7 prepare and submit a report detailing the evaluation required by subparagraph 7,a7 to-- 7i7 the ,committee on ,natural ,resources of the ,house of ,representatives2 and 7ii7 the ,committee on ,energy and ,natural ,resources of the ,senate4 7#b7 ,evaluation components ,an evaluation prepared under paragraph 7#a7 shall-- 7,a7 assess the progress of the local coordinating entity with respect to-- 7i7 accomplishing the purposes of the authorizing legislation for the ,national ,heritage ,area2 and 7ii7 achieving the goals and objectives of the approved management plan for the ,national ,heritage ,area2 7,b7 analyze the ,federal1 ,tribal1 ,state1 local1 and private investments in the ,national ,heritage ,area to assess the impact of the investments2 and 7,c7 review the management structure1 partnership relationships1 and funding of the ,national ,heritage ,area4 7#c7 ,results of evaluation ,based upon the evaluation under paragraph 7#a71 the ,secretary shall prepare a report with recommendations for the ,national ,park ,service's continued role1 if any1 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-- 7i7 ways in which ,federal funding for the ,national ,heritage ,area may be reduced or eliminated over time2 7ii7 the appropriate time period necessary to achieve the recommended reduction or elimination2 and 7iii7 justification for the continued funding in light of other ,national ,park ,service core responsibilities and priorities2 or 7,b7 eliminated1 the report shall include a description of potential impacts on conservation1 interpretation1 and sustainability of the ,national ,heritage ,area4 7#d7 ,updates2 ,additional evaluations 7,a7 ,updates ,the ,secretary may satisfy the requirement under paragraph 7#a7 for a ,national ,heritage ,area by updating an evaluation that was completed for that ,national ,heritage ,area not more than #e years before another evaluation would otherwise be required under paragraph 7#a74 7,b7 ,additional evaluations ,the ,secretary may conduct additional evaluations as the ,secretary deems appropriate4 7c7 ,coordination ,the head of any ,federal agency planning to conduct activities that may have an impact on a designated ,national ,heritage ,area is encouraged to consult and coordinate these activities with the ,secretary and the local coordinating entity to the maximum extent practicable4 #e4 ,study areas 7a7 ,feasibility studies 7#a7 ,in general ,the ,secretary may carry out or certify a study to assess the suitability and feasibility of designating a specific geographic area as a ,national ,heritage ,area to be included in the ,national ,heritage ,area ,system4 7#b7 ,preparation ,the feasibility study shall be carried out-- 7,a7 by the ,secretary in consultation with ,tribal1 ,state1 and local historic preservation officers1 ,state and local historical societies1 ,state and local tourism offices1 and other appropriate organizations and governmental agencies2 or 7,b7 by interested individuals or entities1 if the ,secretary certifies that the completed study meets the requirements of paragraph 7#d74 7#c7 ,certification ,not later than #a year after receiving a study carried out by interested individuals or entities under paragraph 7#b77;,b7 the ,secretary shall review and certify whether the study meets the requirements of paragraph 7#d74 7#d7 ,requirements ,a study under paragraph 7#a7 shall include analysis1 documentation1 and determination on whether the study area-- 7,a7 has an assemblage of natural1 historic1 and cultural resources that-- 7i7 represent distinct aspects of the heritage of the ,united ,states2 7ii7 are worthy of recognition1 conservation1 interpretation1 and continuing use2 and 7iii7 would be best managed-- 7,i7 through partnerships among public and private entities2 and 7,,ii7 by linking diverse and sometimes noncontiguous resources2 7,b7 reflects traditions1 customs1 beliefs1 and folklife that are a valuable part of the story of the ,united ,states2 7,c7 provides outstanding opportunities-- 7i7 to conserve natural1 historic1 cultural1 or scenic features2 and 7ii7 for recreation and education2 7,d7 contains resources that-- 7i7 are important to any identified themes of the study area2 and 7ii7 retain a degree of integrity capable of supporting interpretation2 7,e7 includes ,tribal governments1 residents1 business interests1 nonprofit organizations1 and ,state and local governments that-- 7i7 are involved in the planning of the study area2 7ii7 have developed a conceptual financial plan that outlines the roles of all participants in the study area1 including the ,federal ,government2 and 7iii7 have demonstrated support for the designation of the study area2 7,f7 has a potential local coordinating entity to work in partnership with the individuals and entities described in paragraph 7#a7 to develop the study area while encouraging ,state and local economic activity2 and 7,g7 has a conceptual boundary map that is supported by the public4 7b7 ,report 7#a7 ,in general ,for each study carried out under subsection 7a71 the ,secretary shall submit to the ,committee on ,natural ,resources of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate a report that describes-- 7,a7 the findings of the study described in subsection 7a7 for that study area2 and 7,b7 any conclusions and recommendations of the ,secretary4 7#b7 ,timing 7,a7 ,with respect to a study carried out by the ,secretary in accordance with paragraph 7#b77;,a77i71 the ,secretary shall submit a report under subparagraph 7,a7 not later than #c years after the date on which funds are first made available to carry out the study4 7,b7 ,with respect to a study carried out by interested individuals or entities in accordance with paragraph 7#b77;,a77ii71 the ,secretary shall submit a report under subparagraph 7,a7 not later than #ahj days after the date on which the ,secretary certifies under paragraph 7#b77;,b7 that the study meets the requirements of paragraph 7#c74 #f4 ,local coordinating entities 7a7 ,duties ,for any year that ,federal funds have been made available under this ,act for a ,national ,heritage ,area1 the local coordinating entity for that ,national ,heritage ,area shall-- 7#a7 submit to the ,secretary an annual report that describes the activities1 expenses1 and income of the local coordinating entity 7including grants to any other entities during the year that the report is made72 7#b7 make available to the ,secretary for audit all records relating to the expenditure of ,federal funds and any matching funds2 and 7#c7 require1 with respect to all agreements authorizing expenditure of ,federal funds by other organizations1 that the organizations receiving the funds make available to the ,secretary for audit all records concerning the expenditure of the funds4 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 ,indian ,tribes1 a ,state1 a local government1 nonprofit organizations1 and other parties within the ,national ,heritage ,area2 7#b7 enter into cooperative agreements with or provide technical assistance to the ,indian ,tribes1 ,state1 a local government1 nonprofit organizations1 ,federal agencies1 and other interested parties2 7#c7 hire and compensate staff1 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 services1 including those 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 real property or any interest in real property4 7d7 ,heritage area commissions 7#a7 ,section #hjd7;j7 of division ,b of ,h4,r4 #efff 7,appendix ,d7 as enacted into law by section #a7;a77#d7 of ,public ,law #ajf-eed 7#ed ,u4,s4,c4 #cbjaja note2 #aad ,stat4 #bgfc1 #bgfc;,a- #bie2 #abc ,stat4 #abid2 #abh ,stat4 #chjb7 is amended by striking shall terminate and all that follows through the period and inserting shall terminate on ,september #cj1 #bjcd44 7#b7 ,section #bie;,d7d7 of ,public ,law #aji-cch 7#abj ,stat4 #ahcc2 #acj ,stat4 #ifb7 is amended by striking shall terminate and all that follows through the period and inserting shall terminate on ,september #cj1 #bjcd44 #g4 ,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 ,tribal1 ,state1 or local government access7 to such property or to modify any provisions of ,federal1 ,tribal1 ,state1 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 ,tribal1 or ,state1 or local 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 7#f7 create any liability1 or have any effect on any liability under any other law1 of any private property owner with respect to any persons injured on such private property2 7#g7 affect the authority of any ,federal official to provide technical or financial assistance under any other law2 7#h7 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 lands2 or 7#i7 enlarge or diminish the treaty rights of any ,indian ,tribe within the ,national ,heritage ,area4 #h4 ,authorization of appropriations 7a7 ,in general ,notwithstanding any other provision of law1 for each of fiscal years #bjbj through #bjcd1 there is authorized to be appropriated not more than #gej1jjj for each ,national ,heritage ,area4 7b7 ,availability ,amounts made available under subsection 7a7 shall remain available until expended4 7c7 ,cost-sharing requirement 7#a7 ,federal share ,notwithstanding any other provision of law1 including any law designating a ,national ,heritage ,area1 the ,federal share of the total cost of any activity funded with appropriations authorized by subsection 7a7 shall not be more than #ej percent4 7#b7 ,form of non-,federal share ,the non-,federal share of the total cost of any activity funded with appropriations authorized by subsection 7a7 may be in the form of in-kind contributions of goods or services fairly valued4 7#c7 ,exception ,notwithstanding section #i7;b71 for each ,national ,heritage ,area established before the date of the enactment of this ,act without a non-,federal cost share requirement or with a non-,federal cost share requirement of less than #ej percent-- 7,a7 the non-,federal cost share requirement1 or lack thereof1 shall remain at the previously enacted level for #b full fiscal years after the date of the enactment of this ,act2 and 7,b7 after the period referred to in subparagraph 7,a71 the non-,federal cost share requirement shall increase by #aj percent annually until the non-,federal share is consistent with paragraph 7#a74 7c7 ,authority to provide assistance ,notwithstanding any other provision of law1 the ,secretary may provide assistance to a ,national ,heritage ,area during any fiscal year for which appropriations are authorized under subsection 7a74 #i4 ,statutory ,clarification 7a7 ,authorization limitations ,any provision of law enacted before the date of the enactment of this ,act that provides for a termination1 expiration1 or other time limitation on the authorization for a ,national ,heritage ,area is hereby superceded and shall have no effect4 7b7 ,funding limitations ,any provision of law enacted before the date of the enactment of this ,act that provides for a termination1 expiration1 or other limitation on the time or amount of an authorization of appropriations for a ,national ,heritage ,area is hereby superceded and shall have no effect4 7c7 ,evaluations ,any provision of law enacted before the date of the enactment of this ,act that requires the ,secretary to conduct an evaluation of or submit a report on the accomplishments of a ,national ,heritage ,area is hereby superceded and shall have no effect4 7d7 ,other authorities ,any provision of law enacted before the date of the enactment of this ,act that provides for the establishment1 management1 administration1 operation1 or otherwise affects a ,national ,heritage ,area and is not explicitly otherwise provided for in this ,act shall not be affected by this ,act4 ,passed the ,house of ,representatives ,december #c1 #bjbj4;,cheryl ,l4 ,johnson1,clerk4