,,ii #aafth ,,congress #b;d ,session ,s4 #cbag ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,january #af1 #bjbj,ms4 ,stabenow 7for herself1 ,mr4 ,roberts1 ,mr4 ,peters1 ,mr4 ,heinrich1 and ,mr4 ,markey7 introduced the following bill2 which was read twice and referred to the ,committee on ,energy and ,natural ,resources ,a ,,bill ,to standardize the designation of ,national ,heritage ,areas1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,national ,heritage ,area ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,local coordinating entity ,the term local coordinating entity means the entity designated by ,congress-- 7,a7 to carry out1 in partnership with other individuals and entities1 the management plan for a ,national ,heritage ,area2 and 7,b7 to operate the ,national ,heritage ,area1 including through the implementation of projects and programs among diverse partners in the ,national ,heritage ,area4 7#b7 ,national ,heritage ,area ,the term ,national ,heritage ,area means a component of the ,national ,heritage ,area ,system described in section #c7;b74 7#c7 ,national ,heritage ,area ,system ,the term ,national ,heritage ,area ,system means the system established by section #c7;a74 7#d7 ,proposed ,national ,heritage ,area ,the term proposed ,national ,heritage ,area means an area that is proposed to be designated as a ,national ,heritage ,area4 7#e7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#f7 ,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 #ajd of the ,federally ,recognized ,indian ,tribe ,list ,act of #aiid 7#be ,u4,s4,c4 #eaca74 #c4 ,national ,heritage ,area ,system 7a7 ,in general ,to recognize certain areas of the ,united ,states that tell nationally significant stories and to conserve1 enhance1 and interpret those nationally significant stories and the natural1 historic1 scenic1 and cultural resources of areas that illustrate significant aspects of the heritage of the ,united ,states1 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 establishment1 development1 and continuity of the ,national ,heritage ,areas4 7b7 ,national heritage area system ,the ,national ,heritage ,area ,system shall be composed of-- 7#a7 each ,national ,heritage ,area1 ,national ,historic ,district1 ,national ,heritage ,corridor1 ,national ,heritage ,canalway1 ,cultural ,heritage ,corridor1 and ,national ,heritage ,partnership designated by ,congress before or on the date of enactment of this ,act2 and 7#b7 each ,national ,heritage ,area designated by ,congress 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 7c7 ,relationship to the national park system 7#a7 ,relationship to national park units ,the ,secretary shall-- 7,a7 ensure1 to the maximum extent practicable1 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 ,area2 and 7,b7 work with local coordinating entities to promote public enjoyment of units of the ,national ,park ,system and ,national ,park-related resources4 7#b7 ,treatment ,a ,national ,heritage ,area shall not be-- 7,a7 considered to be a unit of the ,national ,park ,system2 or 7,b7 subject to the authorities applicable to units of the ,national ,park ,system4 7d7 ,duties ,under the ,national ,heritage ,area ,system1 the ,secretary shall-- 7#a7 review and approve or disapprove the management plan for a ,national ,heritage ,area in accordance with section #d7;c72 and 7#b7 submit to the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committee on ,natural ,resources of the ,house of ,representatives reports describing the activities conducted with respect to ,national ,heritage ,areas in accordance with this ,act4 7e7 ,authorities ,in carrying out this ,act1 the ,secretary may-- 7#a7 conduct or review1 as applicable1 feasibility studies in accordance with section #d7;a72 7#b7 conduct an evaluation of the accomplishments of1 and submit to ,congress a report that includes recommendations regarding the role of ,national ,park ,service with respect to1 each ,national ,heritage ,area1 in accordance with section #e2 7#c7 use amounts made available under section #g to provide technical and financial assistance1 on a reimbursable or nonreimbursable basis1 as determined by the ,secretary1 for-- 7,a7 the development and implementation of management plans for ,national ,heritage ,areas2 and 7,b7 the administration of ,national ,heritage ,areas2 7#d7 enter into cooperative agreements with other ,federal agencies1 ,states1 ,tribal governments1 local governments1 local coordinating entities1 and other interested individuals and entities to achieve the purposes of the ,national ,heritage ,area ,system2 7#e7 provide information1 promote understanding1 and encourage research regarding ,national ,heritage ,areas1 in partnership with local coordinating entities2 and 7#f7 provide national oversight1 analysis1 coordination1 technical and financial assistance1 and support to ensure consistency and accountability of the ,national ,heritage ,area ,system4 #d4 ,designation of ,national ,heritage ,areas 7a7 ,studies 7#a7 ,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 ,area4 7#b7 ,preparation 7,a7 ,in general ,a study under paragraph 7#a7 may be carried out-- 7i7 by the ,secretary1 in consultation with ,state and local historic preservation officers1 ,state and local historical societies1 ,state and local tourism offices1 and other appropriate organizations and governmental agencies2 or 7ii7 by interested individuals or entities1 if the ,secretary certifies that the completed study meets the requirements of paragraph 7#c74 7,b7 ,certification ,not later than #a year after receiving a study carried out by interested individuals or entities under subparagraph 7,a77ii71 the ,secretary shall review and certify whether the study meets the requirements of paragraph 7#c74 7#c7 ,requirements ,a study under paragraph 7#a7 shall include analysis1 documentation1 and determinations on whether the proposed ,national ,heritage ,area-- 7,a7 has an assemblage of natural1 historic1 and cultural resources that-- 7i7 represent distinctive 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 resources and active communities2 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 proposed ,national ,heritage ,area2 and 7ii7 retain a degree of integrity capable of supporting interpretation2 7,e7 includes residents1 business interests1 nonprofit organizations1 and ,state and local governments that-- 7i7 are involved in the planning of the proposed ,national ,heritage ,area2 7ii7 have developed a conceptual financial plan that outlines the roles of all participants in the proposed ,national ,heritage ,area1 including the ,federal ,government2 and 7iii7 have demonstrated support for the designation of the proposed ,national ,heritage ,area2 7,f7 has a potential management entity to work in partnership with the individuals and entities described in subparagraph 7,e7 to develop the proposed ,national ,heritage ,area while encouraging ,state and local economic activity2 and 7,g7 has a conceptual boundary map that is supported by the public4 7#d7 ,report 7,a7 ,in general ,for each study carried out under paragraph 7#a71 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-- 7i7 the findings of the study2 and 7ii7 any conclusions and recommendations of the ,secretary4 7,b7 ,timing 7i7 ,studies carried out by the ,secretary ,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 7ii7 ,studies carried out by other interested parties ,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 7b7 ,designation 7#a7 ,in general ,an area may be designated as a ,national ,heritage ,area only by an ,act of ,congress4 7#b7 ,designation ,on receipt of a report under subsection 7a77#d7 recommending the designation of a proposed ,national ,heritage ,area as a ,national ,heritage ,area1 ,congress may designate-- 7,a7 as a ,national ,heritage ,area the proposed ,national ,heritage ,area that is the subject of the relevant feasibility study2 and 7,b7 a local coordinating entity to operate the ,national ,heritage ,area4 7#c7 ,treatment as component of national heritage area system ,a ,national ,heritage ,area designated under paragraph 7#b77;,a7 shall be a component of the ,national ,heritage ,area ,system1 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 ,act4 7c7 ,management plan 7#a7 ,in general ,the applicable local coordinating entity shall develop a management plan for a ,national ,heritage ,area in accordance with paragraph 7#b74 7#b7 ,requirements ,the management plan for a ,national ,heritage ,area shall-- 7,a7 be developed using a comprehensive planning approach that includes-- 7i7 opportunities for stakeholders 7such as community members1 local and regional governments1 ,tribal governments1 businesses1 nonprofit organizations1 and others7-- 7,i7 to be involved in the planning process2 and 7,,ii7 to review and comment on the draft plan2 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,b7 include an inventory of the natural1 historic1 cultural1 and scenic resources of the ,national ,heritage ,area relating 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-- 7i7 demonstrating the heritage represented by the ,national ,heritage ,area2 and 7ii7 encouraging long-term resource protection1 enhancement1 interpretation1 and development2 7,d7 include recommendations for ways in which ,federal1 ,state1 ,tribal government1 and local entities may best be coordinated1 including the role of the ,national ,park ,service and other ,federal agencies associated with the ,national ,heritage ,area1 to advance the purposes of this ,act2 7,e7 describe a strategy by which the local coordinating entity will achieve financial sustainability2 7,f7 include an implementation program that identifies1 with respect to the ,national ,heritage ,area-- 7i7 prioritized actions and criteria for selecting future projects2 7ii7 existing and potential sources of funding2 7iii7 performance goals2 7iv7 the means by which stakeholders will be involved2 and 7v7 the manner in which the management plan will be evaluated and updated2 7,g7 include a business plan for the local coordinating entity that1 at a minimum1 addresses management and operation1 products or services offered1 the target market for those products and services1 and revenue streams2 and 7,h7 be submitted to the ,secretary for approval by not later than #c years after the date on which the ,national ,heritage ,area is designated by ,congress under subsection 7b74 7#c7 ,applicability ,the requirements described in paragraph 7#b7 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 section #c7;b77#a74 #e4 ,evaluation 7a7 ,in general ,at reasonable and appropriate intervals1 as determined by the ,secretary1 the ,secretary may-- 7#a7 conduct an evaluation of the accomplishments of a ,national ,heritage ,area in accordance with subsection 7b72 and 7#b7 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 subsection 7c74 7b7 ,components ,an evaluation under subsection 7a77#a7 shall-- 7#a7 assess the progress of the applicable local coordinating entity of a ,national ,heritage ,area with respect to-- 7,a7 accomplishing the purposes of the applicable ,national ,heritage ,area2 and 7,b7 achieving the goals and objectives of the management plan2 7#b7 analyze ,federal1 ,state1 local1 ,tribal government1 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 ,each report under subsection 7a77#b7 shall include-- 7#a7 if the report contains a recommendation of the ,secretary that ,federal funding for the applicable ,national ,heritage ,area should be continued1 an analysis of-- 7,a7 any means by which that ,federal funding may be reduced or eliminated over time2 and 7,b7 the appropriate time period necessary to achieve the recommended reduction or elimination of ,federal funding2 or 7#b7 if the report contains a recommendation of the ,secretary that ,federal funding for the applicable ,national ,heritage ,area should be eliminated1 a description of potential impacts on conservation1 interpretation1 and sustainability in the applicable ,national ,heritage ,area4 7d7 ,conforming amendment ,section #cjeb7;a7 of ,public ,law #aac-bia 7#ed ,u4,s4,c4 #cbjaja note7 is amended by striking paragraph 7#b74 #f4 ,property owners and regulatory protections ,nothing in this ,act-- 7#a7 abridges any right of a public or private property owner1 including the right to refrain from participating in any plan1 project1 program1 or activity conducted within a ,national ,heritage ,area2 7#b7 requires any property owner to permit public access 7including ,federal1 ,state1 ,tribal government1 or local government access7 to a property2 7#c7 modifies any provision of ,federal1 ,state1 ,tribal1 or local law with respect to public access or use of private land2 7#d7 7,a7 alters any applicable land use regulation1 land use plan1 or other regulatory authority of any ,federal1 ,state1 or local agency or ,tribal government2 or 7,b7 conveys to any local coordinating entity any land use or other regulatory authority2 7#e7 authorizes or implies the reservation or appropriation of water or water rights2 7#f7 diminishes the authority of a ,state to manage fish and wildlife1 including through the regulation of fishing and hunting within a ,national ,heritage ,area in the ,state2 or 7#g7 creates or affects any liability-- 7,a7 under any other provision of law2 or 7,b7 of any private property owner with respect to any person injured on private property4 #g4 ,authorization of appropriations 7a7 ,in general ,notwithstanding any other provision of law1 there is authorized to be appropriated to the ,secretary for each fiscal year not more than #a1jjj1jjj for each ,national ,heritage ,area4 7b7 ,cost-,sharing requirement 7#a7 ,federal ,share ,except as otherwise provided in applicable 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 be not 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 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