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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