FILE s1110.is
S 1110 IS
104th CONGRESS
1st Session
To establish guidelines for the designation of National Heritage
Areas, and for other purposes.
IN THE SENATE OF THE UNITED STATES
August 2 (legislative day, July 10), 1995
Mr. Campbell introduced the following bill; which was read twice
and referred to the Committee on Energy and Natural Resources
A BILL
To establish guidelines for the designation of 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.
This Act may be cited as the `National Heritage Act of 1995'.
SEC. 2. CONGRESSIONAL FINDINGS.
The Congress finds that--
(1) certain areas of the United States represent the
diversity of the national character through the interaction of
natural processes, distinctive landscapes, cultural traditions,
and economic and social forces that have combined to create a
particular pattern of human settlement and activity;
(2) in these areas, natural, historic, or cultural resources,
or some combination thereof, combine to form a cohesive,
nationally distinctive landscape arising from patterns of human
activity shaped by geography;
(3) these areas represent the national experience through the
physical features that remain and the traditions that have
evolved in the areas;
(4) continued use and adaptive reuses of the natural and
cultural fabric within these areas by people whose traditions
helped to shape the landscapes enhance the significance of the
areas; and
(5) the complexity and character of these areas distinguish
them and call for a distinctive system of recognition and
management.
SEC. 3. STATEMENT OF PURPOSE.
The purposes of this Act are--
(1) to recognize that the natural, historic, scenic, and
cultural resources and recreational opportunities of the United
States represent and are important to the great and diverse
character of the Nation, and that these resources and
opportunities must be wisely managed so they may be passed on
to future generations;
(2) to recognize that combinations of such resources and
opportunities, as they are geographically assembled and
thematically related, form areas that provide unique frameworks
for understanding the historical, cultural, and natural
development of communities and their surroundings;
(3) to encourage appropriate partnerships among Federal
agencies, State and local governments, nonprofit organizations,
and the private sector, or combinations thereof, to conserve
and manage those resources and opportunities;
(4) to encourage within these areas a broad range of economic
opportunities which enhance the quality of life for present and
future generations;
(5) to authorize the Secretary of the Interior to provide
technical assistance and grants to State and local governments
and private nonprofit organizations, or combinations thereof,
to study and promote the potential for conserving and
interpreting these areas; and
(6) to prescribe the process by which areas may be designated
as National Heritage Areas and the standards according to which
areas may be assessed for eligibility for such designation.
SEC. 4. DEFINITIONS.
For purposes of this Act:
(1) Compact: The term `compact' means a compact described in
section 6(a)(2).
(2) Feasibility study: The term `feasibility study' means a
study described in section 6(a)(1).
(3) Indian tribe: The term `Indian tribe' means any Indian
tribe, band, nation, pueblo, or other organized group or
community, including any Alaska Native village or regional
corporation as defined in or established pursuant to the Alaska
Native Claims Settlement Act (43 U.S.C. 1601 et seq.), which is
recognized as eligible for the special programs and services
provided by the United States to Indians because of their
status as Indians.
(4) Plan: The term `plan' means a plan described in section
6(a)(3).
(5) National heritage area: The term `National Heritage Area'
means a place designated by the Congress where natural,
cultural, historic, and recreational resources combine to form
a cohesive, nationally distinctive landscape arising from
patterns of human activity shaped by geography. These patterns
make National Heritage Areas representative of the national
experience through the physical features that remain and the
traditions that have evolved in the
areas. Continued use of National Heritage Areas by people whose
traditions helped to shape the landscapes enhances their
significance.
(6) Secretary: The term `Secretary' means the Secretary of
the Interior.
(7) Technical assistance: The term `technical assistance'
includes, assistance to units of government and nonprofits in
preparing plans, compacts, resource inventories, and
feasibility studies and professional guidance provided by the
Secretary.
(8) Unit of government: The term `unit of government' means
the government of a State or Commonwealth, a political
subdivision of a State or Commonwealth, or an Indian tribe.
SEC. 5. NATIONAL HERITAGE AREAS PARTNERSHIP PROGRAM.
(a) Establishment: In order to promote nationally distinctive
natural, historic, scenic, and cultural resources, and to provide
opportunities for conservation, education, and recreation through
recognition of and assistance to areas containing such resources,
there is hereby established within the Department of the Interior a
National Heritage Areas Partnership Program, which shall assist the
Secretary in carrying out this Act.
(b) General Authority of Secretary: In accordance with the
purposes of this Act, the Secretary is authorized--
(1) to evaluate, in accordance with the criteria established
in subsection (c), areas nominated under this Act for
designation as National Heritage Areas;
(2) to advise State and local governments, nonprofit
organizations, and other appropriate entities regarding
suitable methods of recognizing and conserving thematically and
geographically linked natural, historic, and cultural resources
and recreational opportunities; and
(3) to make grants to units of government and nonprofit
organizations for the purpose of preparing feasibility studies,
compacts, and management plans in accordance with the purposes,
criteria, conditions, and requirements of the Act.
(c) Criteria: To be eligible for designation as a National
Heritage Area, an area shall meet each of the following criteria:
(1) Assemblage of resources: The area shall be an 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 as such an assemblage, through
partnerships among public and private entities.
(2) Traditions, customs, beliefs, or folklife: The area shall
reflect traditions, customs, beliefs, or folklife, or some
combination thereof, that are a valuable part of the story of
the Nation.
(3) Conservation of natural, cultural, historic, or
recreational features: The area shall provide outstanding
opportunities to conserve natural, cultural, historic, or
recreational features, or some combination thereof.
(4) Recreational and educational opportunities: The area
shall provide outstanding recreational and educational
opportunities.
(5) Themes and integrity of resources: The area shall have an
identifiable theme or themes, and resources important to the
theme or themes shall retain integrity capable of supporting
interpretation.
(6) Support: Residents, nonprofit organizations, other
private entities, and governments within the proposed area
shall demonstrate support for designation of the area and for
management of the area as appropriate for such designation.
(7) Agreements: The principal organization and units of
government supporting the designation shall be willing to
commit to agreements to work in partnership to implement the
compact for the area.
(8) Consistency with economic viability: The compact shall be
consistent with continued economic viability in the affected
communities.
(9) Consent of local governments: No privately owned property
shall be included within the boundaries of the area unless the
government of the county, city, or town in which the property
is located agrees to be so included and submits notification of
such agreement to the Secretary.
(d) Conditions for Designation: An area may be designated as a
National Heritage Area only by an Act of Congress. The Congress may
designate an area as a National Heritage Area only after each of
the following conditions is met:
(1) Submission of study, compact, and statement of approval
to secretary: An entity requesting National Heritage Area
designation for the area submits to the Secretary--
(A) a feasibility study and compact; and
(B) a statement, from the Governor of each State in which
the proposed National Heritage Area lies, that
such Governor approves of the requested National Heritage Area
designation.
(2) Approval and submission by secretary: The Secretary
approves, pursuant to section 6(b), the compact referred to in
paragraph (1) and submits the feasibility study for the area
and the compact to the Congress together with any comments that
the Secretary deems appropriate regarding a preferred action.
SEC. 6. FEASIBILITY STUDIES, COMPACTS, AND MANAGEMENT PLANS.
(a) Contents and Requirements:
(1) Feasibility studies: Each feasibility study submitted
under this Act shall include sufficient information to
determine whether an area has the potential to meet the
criteria referred to in section 5(c). Each such feasibility
study shall be prepared with public participation. Each such
feasibility study shall include, but need not be limited to,
each of the following:
(A) A description of the natural, historic, and cultural
resources and recreational opportunities presented by the
area, including an assessment of the quality and degree of
integrity of, the availability of public access to, and the
themes represented by such resources and opportunities.
(B) An assessment of the interest of and impact upon
potential partners, units of government, nonprofit
organizations, and other private entities, including
property owners.
(C) A description of boundaries for a National Heritage
Area proposed to be established in the area.
(D) Identification of a possible management entity for a
National Heritage Area proposed to be established in the
area.
(2) Compacts:
(A) In general: A compact submitted under this Act shall
include information relating to the objectives and
management of an area proposed for designation as a
National Heritage Area. Such information shall include, but
not be limited to, each of the following:
(i) A delineation of the boundaries of the proposed
National Heritage Area.
(ii) A discussion of the goals and objectives of the
proposed National Heritage Area, including an
explanation of the approach, proposed by the partners
referred to in clause (iv), to conservation and
interpretation of resources.
(iii) An identification and description of the
management entity that will administer the proposed
National Heritage Area.
(iv) A list of the initial partners to be involved in
developing and implementing the plan for the proposed
National Heritage Area, and a statement of the
financial commitment of the partners.
(v) A description of the role of the State or States
in which the proposed National Heritage Area is located.
(B) Preparation of and actions called for in compact:
(i) Preparation: The compact shall be prepared with
public participation.
(ii) Actions: Actions called for in the compact shall
be likely to be initiated within a reasonable time
after designation of the proposed National Heritage
Area and shall ensure effective implementation of the
State and local aspects of the compact.
(3) Plans: A plan submitted under this Act for a National
Heritage Area shall present comprehensive recommendations for
the conservation, funding, management, and development of the
area. The plan shall be prepared with public participation. The
plan shall take into consideration existing Federal, State,
county, and local plans and involve residents, public agencies,
and private organizations in the area. The plan shall include a
description of actions that units of government and private
organizations are recommended to take to protect the resources
of the area. The plan shall specify existing and potential
sources of funding for the conservation, management, and
development of the area. The plan also shall include the
following, as appropriate:
(A) An inventory of the resources contained in the
National Heritage Area, including a list of property in the
area that should be conserved, restored, managed,
developed, or maintained because of the natural, cultural,
or historic significance of the property as it relates to
the themes of the area.
(B) A recommendation of policies for resource management
that consider and detail the application of appropriate
land and water management techniques, including (but not
limited to) the development of intergovernmental
cooperative agreements to manage the
historical, cultural, and natural resources and the recreational
opportunities of the area in a manner consistent with the support
of appropriate and compatible economic viability.
(C) A program, including plans for restoration and
construction, for implementation of the management plan by
the management entity specified in the compact for the area
and specific commitments, for the first 5 years of
operation of the plan, by the partners identified in the
compact.
(D) An analysis of means by which Federal, State, and
local programs may best be coordinated to promote the
purposes of this Act.
(E) An interpretive plan for the National Heritage Area.
(b) Approval and Disapproval of Compacts:
(1) In general: The Secretary, in consultation with the
Governors of each State in which the relevant National Heritage
Area, or proposed area, is located, shall approve or disapprove
every compact submitted under this Act not later than 90 days
after receiving such compact.
(2) Disapproval and revisions: If the Secretary disapproves a
compact submitted under this Act, the Secretary shall advise
the submitter, in writing, of the reasons for the disapproval
and shall make recommendations for revisions of the compact.
The Secretary shall approve or disapprove a proposed revision
to such a compact within 90 days after the date on which the
revision is submitted to the Secretary.
SEC. 7. MANAGEMENT ENTITIES.
(a) Duties of Management Entity: The management entity for a
National Heritage Area shall do each of the following:
(1) Heritage plan: The management entity shall develop and
submit to the Secretary a plan not later than 3 years after the
date of the designation of the area as a National Heritage Area.
(2) Priorities: The management entity shall give priority to
the implementation of actions, goals, and policies set forth in
the compact and management plan for the area, including--
(A) assisting units of government, regional planning
organizations, and nonprofit organizations--
(i) in conserving the National Heritage Area;
(ii) in establishing and maintaining interpretive
exhibits in the area;
(iii) in developing recreational opportunities in the
area;
(iv) in increasing public awareness of and
appreciation for the natural, historical, and cultural
resources of the area;
(v) in the restoration of historic buildings that are
located within the boundaries of the area and relate to
the themes of the area; and
(vi) in ensuring that clear, consistent, and
appropriate signs identifying access points and sites
of interest are put in place throughout the area; and
(B) consistent with the goals of the plan, encouraging
economic viability in the affected communities by
appropriate means.
(3) Consideration of interests of local groups: The
management entity shall, in developing and implementing the
plan for the area, consider the interests of diverse units of
government, businesses, private property owners, and nonprofit
groups within the geographic area.
(4) Public meetings: The management entity shall conduct
public meetings at least quarterly regarding the implementation
of the plan for the area.
(b) Disqualification for Federal Funding: If a plan regarding a
National Heritage Area is not submitted to the Secretary as
required under subsection (a)(1) within the time specified in such
subsection, the National Heritage Area shall cease to be eligible
for technical assistance under this Act until such a plan regarding
the National Heritage Area is submitted to the Secretary.
(c) Prohibition of Acquisition of Real Property: A management
entity for a National Heritage Area may not use Federal funds
received under this Act to acquire real property or any interest in
real property.
(d) Duration of Eligibility for Technical Assistance: A
management entity for a National Heritage Area shall be eligible to
receive technical assistance from funds appropriated pursuant to
this Act for a 7-year period beginning on the day on which the
National Heritage Area is designated.
SEC. 8. WITHDRAWAL OF DESIGNATION.
(a) In General: The National Heritage Area designation of an area
shall continue unless--
(1) the Secretary determines that--
(A) the National Heritage Area no longer meets the
criteria referred to in section 5(c);
(B) the parties to the compact approved in relation to
the area under section 6(b) are not in compliance with the
term of the compact;
(C) the management entity of the area has not made
reasonable and appropriate progress in developing or
implementing the management plan for the area; or
(D) the use, condition, or development of the area is
incompatible with the criteria referred to in section 5(c)
or with the compact approved in relation to the area under
section 6(b); and
(2) after making a determination referred to in paragraph
(1), the Secretary submits to the Congress notification that
the National Heritage Area designation of the area should be
withdrawn.
(b) Public Hearing: Before the Secretary makes a determination
referred to in subsection (a)(1) regarding a National Heritage
Area, the Secretary or a designee shall hold a public hearing
within the area.
(c) Time of Withdrawal of Designation:
(1) In general: The withdrawal of the National Heritage Area
designation of an area shall become final 90 legislative days
after the Secretary submits to the Congress the notification
referred to in subsection (a)(2) regarding the area.
(2) Legislative day: For purposes of this subsection, the
term `legislative day' means any calendar day on which both
Houses of the Congress are in session.
SEC. 9. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES.
(a) Duties and Authorities of Secretary:
(1) Technical assistance:
(A) In general: The Secretary may provide technical
assistance and grants to units of government and private
nonprofit organizations regarding feasibility studies and
compacts and, upon request of the management entity for the
relevant National Heritage Area, regarding management plans
and their implementation.
(B) Prohibition of certain requirements: The Secretary
may not, as a condition of the award of technical
assistance under this section, require any recipient of
such technical assistance to enact or modify land use
restrictions.
(2) Determinations regarding assistance: The Secretary shall
decide which National Heritage Areas shall be awarded technical
assistance and grants and the amount of the assistance. Such
decisions shall be based on the relative degree to which each
National Heritage Area effectively fulfills the objectives
contained in the plan for the area and achieves the purposes of
this Act. Such decisions shall give consideration to projects
which provide a greater leverage of Federal funds.
(3) Oversight of heritage areas with expired eligibility: The
Secretary shall investigate, study, and monitor the welfare of
all National Heritage Areas whose eligibility for technical
assistance under this Act has expired and shall report to the
Congress periodically regarding the condition of such National
Heritage Areas.
(4) Provision of information: In cooperation with other
Federal agencies, the Secretary shall provide the general
public with information regarding the location and character of
National Heritage Areas.
(b) Duties of Other Federal Agencies: Any Federal entity
conducting any activity directly affecting any National Heritage
Area shall consider the potential effect of the activity on the
plan for the area and shall consult with the Governor of the State
or Commonwealth containing the area with respect to the activity to
minimize the adverse effects of the activity on the area.
SEC. 10. LACK OF EFFECT ON LAND USE REGULATION.
(a) Lack of Effect on Authority of Governments: Nothing in this
Act shall be construed to modify, enlarge, or diminish any
authority of Federal, State, or local governments to regulate any
use of land as provided for by law or regulation.
(b) Lack of Zoning or Land Use Powers of Entity: Nothing in this
Act shall be construed to grant powers of zoning or land use to any
management entity for a National Heritage Area.
SEC. 11. FISHING AND HUNTING SAVINGS CLAUSE.
(a) No Diminishment of State Authority: The designation of a
National Heritage Area shall not diminish the authority of the
affected State or Commonwealth to manage fish and wildlife,
including the regulation of fishing and hunting within such area.
(b) No Conditioning of Approval and Assistance: The Secretary may
not make limitations on fishing, hunting, or trapping a condition
for the approval of a compact or the determination of eligibility
for technical assistance under this Act, and neither the Secretary
nor any other Federal agency may make such limitations a condition
for the receipt, in connection with the National Heritage Area
status of an area, of any other form of assistance from the
Secretary or such agencies.
SEC. 12. AUTHORIZATION OF APPROPRIATIONS.
(a) In General: There is hereby authorized to be appropriated for
technical assistance and grants pursuant to section 9(a), and the
administration of such assistance, annually not more than
$8,000,000, to remain available until expended.
(b) Percent of Cost: Technical assistance and grants under this
Act for a feasibility study, compact, or management plan may not
exceed 75 percent of the cost for such study, compact, or plan.
(c) Limitation on Total Funding for Each Area: Not more than a
total of $1,000,000 may be made available under this section to
each National Heritage Area.
(d) Limitation on Annual Funding: The amount of Federal funding
made available under this section for a National Heritage Area for
a fiscal year may not exceed $150,000.
SEC. 13. EXPIRATION OF AUTHORITIES.
The authorities contained in this Act shall expire on September
30 of the fifteenth fiscal year beginning after the date of the
enactment of this Act.
SEC. 14. REPORT.
The Secretary shall submit to the Congress, every 5 years while
the authorities contained in this Act remain in force, a report on
the status and accomplishments of the National Heritage Areas
Partnership Program as a whole.
SEC. 15. SAVINGS PROVISION.
Nothing in this Act shall be construed to expand or diminish any
authorities contained in any law that designates an individual
National Heritage Area or Corridor before the date of the enactment
of this Act.
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