[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3217 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
2d Session
S. 3217
To standardize the designation of National Heritage Areas, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 16, 2020
Ms. Stabenow (for herself, Mr. Roberts, Mr. Peters, Mr. Heinrich, and
Mr. Markey) introduced the following bill; which was read twice and
referred to the Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To standardize 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 Area Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Local coordinating entity.--The term ``local
coordinating entity'' means the entity designated by Congress--
(A) to carry out, in partnership with other
individuals and entities, the management plan for a
National Heritage Area; and
(B) to operate the National Heritage Area,
including through the implementation of projects and
programs among diverse partners in the National
Heritage Area.
(2) National heritage area.--The term ``National Heritage
Area'' means a component of the National Heritage Area System
described in section 3(b).
(3) National heritage area system.--The term ``National
Heritage Area System'' means the system established by section
3(a).
(4) Proposed national heritage area.--The term ``proposed
National Heritage Area'' means an area that is proposed to be
designated as a National Heritage Area.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) 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
104 of the Federally Recognized Indian Tribe List Act of 1994
(25 U.S.C. 5131).
SEC. 3. NATIONAL HERITAGE AREA SYSTEM.
(a) In General.--To recognize certain areas of the United States
that tell nationally significant stories and to conserve, enhance, and
interpret those nationally significant stories and the natural,
historic, scenic, and cultural resources of areas that illustrate
significant aspects of the heritage of the United States, 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 establishment,
development, and continuity of the National Heritage Areas.
(b) National Heritage Area System.--The National Heritage Area
System shall be composed of--
(1) each National Heritage Area, National Historic
District, National Heritage Corridor, National Heritage
Canalway, Cultural Heritage Corridor, and National Heritage
Partnership designated by Congress before or on the date of
enactment of this Act; and
(2) each National Heritage Area designated by Congress
after the date of enactment of this Act, unless the law
designating the area exempts that area from the National
Heritage Area System by specific reference to this Act.
(c) Relationship to the National Park System.--
(1) Relationship to national park units.--The Secretary
shall--
(A) ensure, to the maximum extent practicable,
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 Area; and
(B) work with local coordinating entities to
promote public enjoyment of units of the National Park
System and National Park-related resources.
(2) Treatment.--A National Heritage Area shall not be--
(A) considered to be a unit of the National Park
System; or
(B) subject to the authorities applicable to units
of the National Park System.
(d) Duties.--Under the National Heritage Area System, the Secretary
shall--
(1) review and approve or disapprove the management plan
for a National Heritage Area in accordance with section 4(c);
and
(2) 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 Act.
(e) Authorities.--In carrying out this Act, the Secretary may--
(1) conduct or review, as applicable, feasibility studies
in accordance with section 4(a);
(2) conduct an evaluation of the accomplishments of, and
submit to Congress a report that includes recommendations
regarding the role of National Park Service with respect to,
each National Heritage Area, in accordance with section 5;
(3) use amounts made available under section 7 to provide
technical and financial assistance, on a reimbursable or
nonreimbursable basis, as determined by the Secretary, for--
(A) the development and implementation of
management plans for National Heritage Areas; and
(B) the administration of National Heritage Areas;
(4) enter into cooperative agreements with other Federal
agencies, States, Tribal governments, local governments, local
coordinating entities, and other interested individuals and
entities to achieve the purposes of the National Heritage Area
System;
(5) provide information, promote understanding, and
encourage research regarding National Heritage Areas, in
partnership with local coordinating entities; and
(6) provide national oversight, analysis, coordination,
technical and financial assistance, and support to ensure
consistency and accountability of the National Heritage Area
System.
SEC. 4. DESIGNATION OF NATIONAL HERITAGE AREAS.
(a) Studies.--
(1) 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 Area.
(2) Preparation.--
(A) In general.--A study under paragraph (1) may be
carried out--
(i) by the Secretary, in consultation with
State and local historic preservation officers,
State and local historical societies, State and
local tourism offices, and other appropriate
organizations and governmental agencies; or
(ii) by interested individuals or entities,
if the Secretary certifies that the completed
study meets the requirements of paragraph (3).
(B) Certification.--Not later than 1 year after
receiving a study carried out by interested individuals
or entities under subparagraph (A)(ii), the Secretary
shall review and certify whether the study meets the
requirements of paragraph (3).
(3) Requirements.--A study under paragraph (1) shall
include analysis, documentation, and determinations on whether
the proposed National Heritage Area--
(A) has an assemblage of natural, historic, and
cultural resources that--
(i) represent distinctive aspects of the
heritage of the United States;
(ii) are worthy of recognition,
conservation, interpretation, and continuing
use; and
(iii) would be best managed--
(I) through partnerships among
public and private entities; and
(II) by linking diverse and
sometimes noncontiguous resources and
active communities;
(B) reflects traditions, customs, beliefs, and
folklife that are a valuable part of the story of the
United States;
(C) provides outstanding opportunities--
(i) to conserve natural, historic,
cultural, or scenic features; and
(ii) for recreation and education;
(D) contains resources that--
(i) are important to any identified themes
of the proposed National Heritage Area; and
(ii) retain a degree of integrity capable
of supporting interpretation;
(E) includes residents, business interests,
nonprofit organizations, and State and local
governments that--
(i) are involved in the planning of the
proposed National Heritage Area;
(ii) have developed a conceptual financial
plan that outlines the roles of all
participants in the proposed National Heritage
Area, including the Federal Government; and
(iii) have demonstrated support for the
designation of the proposed National Heritage
Area;
(F) has a potential management entity to work in
partnership with the individuals and entities described
in subparagraph (E) to develop the proposed National
Heritage Area while encouraging State and local
economic activity; and
(G) has a conceptual boundary map that is supported
by the public.
(4) Report.--
(A) In general.--For each study carried out under
paragraph (1), 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--
(i) the findings of the study; and
(ii) any conclusions and recommendations of
the Secretary.
(B) Timing.--
(i) Studies carried out by the secretary.--
With respect to a study carried out by the
Secretary in accordance with paragraph
(2)(A)(i), the Secretary shall submit a report
under subparagraph (A) not later than 3 years
after the date on which funds are first made
available to carry out the study.
(ii) Studies carried out by other
interested parties.--With respect to a study
carried out by interested individuals or
entities in accordance with paragraph
(2)(A)(ii), the Secretary shall submit a report
under subparagraph (A) not later than 180 days
after the date on which the Secretary certifies
under paragraph (2)(B) that the study meets the
requirements of paragraph (3).
(b) Designation.--
(1) In general.--An area may be designated as a National
Heritage Area only by an Act of Congress.
(2) Designation.--On receipt of a report under subsection
(a)(4) recommending the designation of a proposed National
Heritage Area as a National Heritage Area, Congress may
designate--
(A) as a National Heritage Area the proposed
National Heritage Area that is the subject of the
relevant feasibility study; and
(B) a local coordinating entity to operate the
National Heritage Area.
(3) Treatment as component of national heritage area
system.--A National Heritage Area designated under paragraph
(2)(A) shall be a component of the National Heritage Area
System, 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 Act.
(c) Management Plan.--
(1) In general.--The applicable local coordinating entity
shall develop a management plan for a National Heritage Area in
accordance with paragraph (2).
(2) Requirements.--The management plan for a National
Heritage Area shall--
(A) be developed using a comprehensive planning
approach that includes--
(i) opportunities for stakeholders (such as
community members, local and regional
governments, Tribal governments, businesses,
nonprofit organizations, and others)--
(I) to be involved in the planning
process; and
(II) to review and comment on the
draft plan; and
(ii) documentation of the planning and
public participation processes, including a
description of--
(I) the means by which the
management plan was prepared;
(II) the stakeholders involved in
the process; and
(III) the timing and method of
stakeholder involvement;
(B) include an inventory of the natural, historic,
cultural, and scenic resources of the National Heritage
Area relating to the nationally significant themes and
events of the region that should be protected,
enhanced, interpreted, managed, or developed;
(C) identify comprehensive goals, strategies,
policies, and recommendations for--
(i) demonstrating the heritage represented
by the National Heritage Area; and
(ii) encouraging long-term resource
protection, enhancement, interpretation, and
development;
(D) include recommendations for ways in which
Federal, State, Tribal government, and local entities
may best be coordinated, including the role of the
National Park Service and other Federal agencies
associated with the National Heritage Area, to advance
the purposes of this Act;
(E) describe a strategy by which the local
coordinating entity will achieve financial
sustainability;
(F) include an implementation program that
identifies, with respect to the National Heritage
Area--
(i) prioritized actions and criteria for
selecting future projects;
(ii) existing and potential sources of
funding;
(iii) performance goals;
(iv) the means by which stakeholders will
be involved; and
(v) the manner in which the management plan
will be evaluated and updated;
(G) include a business plan for the local
coordinating entity that, at a minimum, addresses
management and operation, products or services offered,
the target market for those products and services, and
revenue streams; and
(H) be submitted to the Secretary for approval by
not later than 3 years after the date on which the
National Heritage Area is designated by Congress under
subsection (b).
(3) Applicability.--The requirements described in paragraph
(2) 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
3(b)(1).
SEC. 5. EVALUATION.
(a) In General.--At reasonable and appropriate intervals, as
determined by the Secretary, the Secretary may--
(1) conduct an evaluation of the accomplishments of a
National Heritage Area in accordance with subsection (b); and
(2) 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 (c).
(b) Components.--An evaluation under subsection (a)(1) shall--
(1) assess the progress of the applicable local
coordinating entity of a National Heritage Area with respect
to--
(A) accomplishing the purposes of the applicable
National Heritage Area; and
(B) achieving the goals and objectives of the
management plan;
(2) analyze Federal, State, local, Tribal government, and
private investments in the National Heritage Area to determine
the leverage and impact of the investments; and
(3) review the management structure, partnership
relationships, and funding of the National Heritage Area for
purposes of identifying the critical components for
sustainability of the National Heritage Area.
(c) Recommendations.--Each report under subsection (a)(2) shall
include--
(1) if the report contains a recommendation of the
Secretary that Federal funding for the applicable National
Heritage Area should be continued, an analysis of--
(A) any means by which that Federal funding may be
reduced or eliminated over time; and
(B) the appropriate time period necessary to
achieve the recommended reduction or elimination of
Federal funding; or
(2) if the report contains a recommendation of the
Secretary that Federal funding for the applicable National
Heritage Area should be eliminated, a description of potential
impacts on conservation, interpretation, and sustainability in
the applicable National Heritage Area.
(d) Conforming Amendment.--Section 3052(a) of Public Law 113-291
(54 U.S.C. 320101 note) is amended by striking paragraph (2).
SEC. 6. PROPERTY OWNERS AND REGULATORY PROTECTIONS.
Nothing in this Act--
(1) abridges any right of a public or private property
owner, including the right to refrain from participating in any
plan, project, program, or activity conducted within a National
Heritage Area;
(2) requires any property owner to permit public access
(including Federal, State, Tribal government, or local
government access) to a property;
(3) modifies any provision of Federal, State, Tribal, or
local law with respect to public access or use of private land;
(4)(A) alters any applicable land use regulation, land use
plan, or other regulatory authority of any Federal, State, or
local agency or Tribal government; or
(B) conveys to any local coordinating entity any land use
or other regulatory authority;
(5) authorizes or implies the reservation or appropriation
of water or water rights;
(6) diminishes the authority of a State to manage fish and
wildlife, including through the regulation of fishing and
hunting within a National Heritage Area in the State; or
(7) creates or affects any liability--
(A) under any other provision of law; or
(B) of any private property owner with respect to
any person injured on private property.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--Notwithstanding any other provision of law, there
is authorized to be appropriated to the Secretary for each fiscal year
not more than $1,000,000 for each National Heritage Area.
(b) Cost-Sharing Requirement.--
(1) Federal share.--Except as otherwise provided in
applicable law, including any law designating a National
Heritage Area, the Federal share of the total cost of any
activity funded with appropriations authorized by subsection
(a) shall be not more than 50 percent.
(2) Form of non-federal share.--The non-Federal share of
the total cost of any activity funded with appropriations
authorized by subsection (a) may be in the form of in-kind
contributions of goods or services fairly valued.
(c) Authority To Provide Assistance.--Notwithstanding any other
provision of law, the Secretary may provide assistance to a National
Heritage Area during any fiscal year for which appropriations are
authorized under subsection (a).
<all>
National Heritage Area Act
#3217 | S Congress #116
Policy Area: Public Lands and Natural Resources
Last Action: Read twice and referred to the Committee on Energy and Natural Resources. (1/16/2020)
Bill Text Source: Congress.gov
Summary and Impacts
Original Text