PUBLIC LAW 117–339—JAN. 5, 2023 NATIONAL HERITAGE AREA ACT VerDate Sep 11 2014 08:51 Mar 07, 2023 Jkt 039139 PO 00339 Frm 00001 Fmt 6579 Sfmt 6579 E:\PUBLAW\PUBL339.117 PUBL339 whamilton on LAPJF8D0R2PROD with PUBLAW 136 STAT. 6158 PUBLIC LAW 117–339—JAN. 5, 2023 Public Law 117–339 117th Congress An Act 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. NATIONAL HERITAGE AREA SYSTEM. (a) IN GENERAL.—Subtitle I of title 54, United States Code, is amended by adding at the end the following: ‘‘DIVISION C—NATIONAL HERITAGE AREAS ‘‘CHAPTER 1201—NATIONAL HERITAGE AREA SYSTEM ‘‘Sec. ‘‘120101. Definition of National Heritage Area. ‘‘120102. Establishment of National Heritage Area System. ‘‘120103. National Heritage Area studies and designation. ‘‘120104. Evaluation. ‘‘§ 120101. Definition of National Heritage Area ‘‘In this chapter, the term ‘National Heritage Area’ means a component of the National Heritage Area System described in sec- tion 120102(b). ‘‘§ 120102. Establishment of 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 illus- trate 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 Herit- age Areas. ‘‘(b) NATIONAL HERITAGE AREA SYSTEM COMPONENTS.—The National Heritage Area System shall be composed of— ‘‘(1) each National Heritage Area, National Heritage Cor- ridor, National Heritage Canalway, Cultural Heritage Corridor, National Heritage Route, and National Heritage Partnership 54 USC 120102. 54 USC 120101. 54 USC prec. 120101. 54 USC prec. 120101. 54 USC 100101 note. National Heritage Area Act. Historic preservation. State listings. Jan. 5, 2023 [S. 1942] VerDate Sep 11 2014 08:51 Mar 07, 2023 Jkt 039139 PO 00339 Frm 00002 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL339.117 PUBL339 whamilton on LAPJF8D0R2PROD with PUBLAW 136 STAT. 6159 PUBLIC LAW 117–339—JAN. 5, 2023 designated by Congress before or on the date of enactment of this chapter; and ‘‘(2) each National Heritage Area designated by Congress after the date of enactment of this chapter. ‘‘(c) RELATIONSHIP TO THE SYSTEM.— ‘‘(1) RELATIONSHIP TO SYSTEM UNITS.—The Secretary shall— ‘‘(A) ensure, to the maximum extent practicable, participation and assistance by any administrator of the System unit that is located near or encompassed by a National Heritage Area in local initiatives for the National Heritage Area to conserve and interpret resources con- sistent with the applicable management plan for the National Heritage Area; and ‘‘(B) work with local coordinating entities to promote public enjoyment of System units and System-related resources. ‘‘(2) TREATMENT.— ‘‘(A) IN GENERAL.—A National Heritage Area shall not be— ‘‘(i) considered to be a System unit; or ‘‘(ii) subject to the authorities applicable to System units. ‘‘(B) EFFECT.—Nothing in this paragraph affects the administration of a System unit located within the bound- aries of a National Heritage Area. ‘‘(d) AUTHORITIES.—In carrying out this chapter, the Secretary may— ‘‘(1) conduct or review, as applicable, feasibility studies in accordance with section 120103(a); ‘‘(2) conduct an evaluation of the accomplishments of, and submit to Congress a report that includes recommendations regarding the role of the Service with respect to, each National Heritage Area, in accordance with section 120104; ‘‘(3) enter into cooperative agreements with other Federal agencies, States, Tribal governments, local governments, local coordinating entities, and other interested individuals and enti- ties to achieve the purposes of the National Heritage Area System; ‘‘(4) provide information, promote understanding, and encourage research regarding National Heritage Areas, in part- nership with local coordinating entities; and ‘‘(5) provide national oversight, analysis, coordination, tech- nical and financial assistance, and support to ensure consist- ency and accountability of the National Heritage Area System. ‘‘§ 120103. National Heritage Area studies and designation ‘‘(a) STUDIES.— ‘‘(1) IN GENERAL.—Subject to the availability of appropria- tions, the Secretary may carry out or review a study to assess the suitability and feasibility of each proposed National Herit- age 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 Assessments. 54 USC 120103. Reports. Recommenda- tions. VerDate Sep 11 2014 08:51 Mar 07, 2023 Jkt 039139 PO 00339 Frm 00003 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL339.117 PUBL339 whamilton on LAPJF8D0R2PROD with PUBLAW 136 STAT. 6160 PUBLIC LAW 117–339—JAN. 5, 2023 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 require- ments 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 cul- tural 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 non- contiguous 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 sup- porting interpretation; ‘‘(E) includes a diverse group of 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 pro- posed National Heritage Area, including the Federal Government; and ‘‘(iii) have demonstrated significant 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 Analysis. Determinations. Deadline. Review. Certification. VerDate Sep 11 2014 08:51 Mar 07, 2023 Jkt 039139 PO 00339 Frm 00004 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL339.117 PUBL339 whamilton on LAPJF8D0R2PROD with PUBLAW 136 STAT. 6161 PUBLIC LAW 117–339—JAN. 5, 2023 on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Rep- resentatives a report that describes— ‘‘(i) any correspondence received by the Secretary demonstrating support for, or opposition to, the establishment of the National Heritage Area; ‘‘(ii) the findings of the study; and ‘‘(iii) 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 para- graph (2)(B) that the study meets the requirements of paragraph (3). ‘‘(b) DESIGNATION.—An area shall be designated as a National Heritage Area only by an Act of Congress. ‘‘§ 120104. 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 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 manage- ment 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 rela- tionships, and funding of the National Heritage Area for pur- poses of identifying the critical components for sustainability of the National Heritage Area. ‘‘(c) RECOMMENDATIONS.—Each report under subsection (a)(2) shall include— Review. Analysis. Determination. Assessment. Reports. Recommenda- tions. Determination. 54 USC 120104. Certification. VerDate Sep 11 2014 08:51 Mar 07, 2023 Jkt 039139 PO 00339 Frm 00005 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL339.117 PUBL339 whamilton on LAPJF8D0R2PROD with PUBLAW 136 STAT. 6162 PUBLIC LAW 117–339—JAN. 5, 2023 ‘‘(1) if the report contains a recommendation of the Sec- retary 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 Sec- retary 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.’’. (b) PRIVATE PROPERTY AND REGULATORY PROTECTIONS.— (1) IN GENERAL.—Nothing in this section (including an amendment made by this section)— (A) 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; (B) requires any property owner to permit public access (including Federal, State, Tribal government, or local government access) to a property; (C) modifies any provision of Federal, State, Tribal, or local law with respect to public access or use of private land; (D)(i) alters any applicable land use regulation, land use plan, or other regulatory authority of any Federal, State, or local agency or Tribal government; or (ii) conveys to any local coordinating entity any land use or other regulatory authority; (E) authorizes or implies the reservation or appropria- tion of water or water rights; (F) 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 (G) creates or affects any liability— (i) under any other provision of law; or (ii) of any private property owner with respect to any person injured on private property. (2) CONFORMING AMENDMENT.—Section 8004(f) of the Omni- bus Public Land Management Act of 2009 (54 U.S.C. 320101 note; Public Law 111–11; 123 Stat. 1245) is amended by striking paragraphs (2) through (4) and inserting the following: ‘‘(2) requires any property owner to permit public access (including Federal, State, Tribal government, or local govern- ment 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;’’. 54 USC 120101 note. Analyses. VerDate Sep 11 2014 08:51 Mar 07, 2023 Jkt 039139 PO 00339 Frm 00006 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL339.117 PUBL339 whamilton on LAPJF8D0R2PROD with PUBLAW 136 STAT. 6163 PUBLIC LAW 117–339—JAN. 5, 2023 (c) CONFORMING AMENDMENT.—Section 3052(a) of Public Law 113–291 (54 U.S.C. 320101 note) is amended by striking paragraph (2). (d) CLERICAL AMENDMENT.—The analysis for subtitle I of title 54, United States Code, is amended by adding at the end the following: ‘‘DIVISION C—NATIONAL HERITAGE AREAS’’ ‘‘1201. National Heritage Area System.............................................120101’’. SEC. 3. AUTHORIZATION OF CERTAIN NATIONAL HERITAGE AREA STUDIES. (a) KAENA POINT NATIONAL HERITAGE AREA STUDY.—The Sec- retary of the Interior (referred to in this section as the ‘‘Secretary’’), in consultation with State of Hawaii and local historic preservation officers, State and local historical societies, State and local tourism offices, and other appropriate organizations and governmental agen- cies and in ac [Text truncated for display. Full text available on Congress.gov.]