National Heritage Area Act

II 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 re- ferred 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘National Heritage 4 Area Act’’. 5 SEC. 2. DEFINITIONS. 6 In this Act: 7 (1) LOCAL COORDINATING ENTITY.—The term 8 ‘‘local coordinating entity’’ means the entity des- 9 ignated by Congress— 10 VerDate Sep 11 2014 19:29 Jan 17, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3217.IS S3217 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 3217 IS (A) to carry out, in partnership with other 1 individuals and entities, the management plan 2 for a National Heritage Area; and 3 (B) to operate the National Heritage Area, 4 including through the implementation of 5 projects and programs among diverse partners 6 in the National Heritage Area. 7 (2) NATIONAL HERITAGE AREA.—The term 8 ‘‘National Heritage Area’’ means a component of the 9 National Heritage Area System described in section 10 3(b). 11 (3) NATIONAL HERITAGE AREA SYSTEM.—The 12 term ‘‘National Heritage Area System’’ means the 13 system established by section 3(a). 14 (4) PROPOSED NATIONAL HERITAGE AREA.— 15 The term ‘‘proposed National Heritage Area’’ means 16 an area that is proposed to be designated as a Na- 17 tional Heritage Area. 18 (5) SECRETARY.—The term ‘‘Secretary’’ means 19 the Secretary of the Interior. 20 (6) TRIBAL GOVERNMENT.—The term ‘‘Tribal 21 government’’ means the governing body of an Indian 22 Tribe included on the most recent list published by 23 the Secretary pursuant to section 104 of the Feder- 24 VerDate Sep 11 2014 19:29 Jan 17, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3217.IS S3217 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 3217 IS ally Recognized Indian Tribe List Act of 1994 (25 1 U.S.C. 5131). 2 SEC. 3. NATIONAL HERITAGE AREA SYSTEM. 3 (a) IN GENERAL.—To recognize certain areas of the 4 United States that tell nationally significant stories and 5 to conserve, enhance, and interpret those nationally sig- 6 nificant stories and the natural, historic, scenic, and cul- 7 tural resources of areas that illustrate significant aspects 8 of the heritage of the United States, there is established 9 a National Heritage Area System through the administra- 10 tion of which the Secretary may provide technical and fi- 11 nancial assistance to local coordinating entities to support 12 the establishment, development, and continuity of the Na- 13 tional Heritage Areas. 14 (b) NATIONAL HERITAGE AREA SYSTEM.—The Na- 15 tional Heritage Area System shall be composed of— 16 (1) each National Heritage Area, National His- 17 toric District, National Heritage Corridor, National 18 Heritage Canalway, Cultural Heritage Corridor, and 19 National Heritage Partnership designated by Con- 20 gress before or on the date of enactment of this Act; 21 and 22 (2) each National Heritage Area designated by 23 Congress after the date of enactment of this Act, 24 unless the law designating the area exempts that 25 VerDate Sep 11 2014 19:29 Jan 17, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3217.IS S3217 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 3217 IS area from the National Heritage Area System by 1 specific reference to this Act. 2 (c) RELATIONSHIP TO THE NATIONAL PARK SYS- 3 TEM.— 4 (1) RELATIONSHIP TO NATIONAL PARK 5 UNITS.—The Secretary shall— 6 (A) ensure, to the maximum extent prac- 7 ticable, participation and assistance by any ad- 8 ministrator of a unit of the National Park Sys- 9 tem that is located near or encompassed by a 10 National Heritage Area in local initiatives for 11 the National Heritage Area to conserve and in- 12 terpret resources consistent with the applicable 13 management plan for the National Heritage 14 Area; and 15 (B) work with local coordinating entities to 16 promote public enjoyment of units of the Na- 17 tional Park System and National Park-related 18 resources. 19 (2) TREATMENT.—A National Heritage Area 20 shall not be— 21 (A) considered to be a unit of the National 22 Park System; or 23 (B) subject to the authorities applicable to 24 units of the National Park System. 25 VerDate Sep 11 2014 19:29 Jan 17, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3217.IS S3217 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 3217 IS (d) DUTIES.—Under the National Heritage Area 1 System, the Secretary shall— 2 (1) review and approve or disapprove the man- 3 agement plan for a National Heritage Area in ac- 4 cordance with section 4(c); and 5 (2) submit to the Committee on Energy and 6 Natural Resources of the Senate and the Committee 7 on Natural Resources of the House of Representa- 8 tives reports describing the activities conducted with 9 respect to National Heritage Areas in accordance 10 with this Act. 11 (e) AUTHORITIES.—In carrying out this Act, the Sec- 12 retary may— 13 (1) conduct or review, as applicable, feasibility 14 studies in accordance with section 4(a); 15 (2) conduct an evaluation of the accomplish- 16 ments of, and submit to Congress a report that in- 17 cludes recommendations regarding the role of Na- 18 tional Park Service with respect to, each National 19 Heritage Area, in accordance with section 5; 20 (3) use amounts made available under section 7 21 to provide technical and financial assistance, on a 22 reimbursable or nonreimbursable basis, as deter- 23 mined by the Secretary, for— 24 VerDate Sep 11 2014 19:29 Jan 17, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3217.IS S3217 pamtmann on DSKBC07HB2PROD with BILLS 6 •S 3217 IS (A) the development and implementation of 1 management plans for National Heritage Areas; 2 and 3 (B) the administration of National Herit- 4 age Areas; 5 (4) enter into cooperative agreements with 6 other Federal agencies, States, Tribal governments, 7 local governments, local coordinating entities, and 8 other interested individuals and entities to achieve 9 the purposes of the National Heritage Area System; 10 (5) provide information, promote under- 11 standing, and encourage research regarding National 12 Heritage Areas, in partnership with local coordi- 13 nating entities; and 14 (6) provide national oversight, analysis, coordi- 15 nation, technical and financial assistance, and sup- 16 port to ensure consistency and accountability of the 17 National Heritage Area System. 18 SEC. 4. DESIGNATION OF NATIONAL HERITAGE AREAS. 19 (a) STUDIES.— 20 (1) IN GENERAL.—The Secretary may carry out 21 or review a study to assess the suitability and feasi- 22 bility of each proposed National Heritage Area for 23 designation as a National Heritage Area. 24 (2) PREPARATION.— 25 VerDate Sep 11 2014 19:29 Jan 17, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3217.IS S3217 pamtmann on DSKBC07HB2PROD with BILLS 7 •S 3217 IS (A) IN GENERAL.—A study under para- 1 graph (1) may be carried out— 2 (i) by the Secretary, in consultation 3 with State and local historic preservation 4 officers, State and local historical societies, 5 State and local tourism offices, and other 6 appropriate organizations and govern- 7 mental agencies; or 8 (ii) by interested individuals or enti- 9 ties, if the Secretary certifies that the com- 10 pleted study meets the requirements of 11 paragraph (3). 12 (B) CERTIFICATION.—Not later than 1 13 year after receiving a study carried out by in- 14 terested individuals or entities under subpara- 15 graph (A)(ii), the Secretary shall review and 16 certify whether the study meets the require- 17 ments of paragraph (3). 18 (3) REQUIREMENTS.—A study under paragraph 19 (1) shall include analysis, documentation, and deter- 20 minations on whether the proposed National Herit- 21 age Area— 22 (A) has an assemblage of natural, historic, 23 and cultural resources that— 24 VerDate Sep 11 2014 19:29 Jan 17, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S3217.IS S3217 pamtmann on DSKBC07HB2PROD with BILLS 8 •S 3217 IS (i) represent distinctive aspects of the 1 heritage of the United States; 2 (ii) are worthy of recognition, con- 3 servation, interpretation, and continuing 4 use; and 5 (iii) would be best managed— 6 (I) through partnerships among 7 public and private entities; and 8 (II) by linking diverse and some- 9 times noncontiguous resources and ac- 10 tive communities; 11 (B) reflects traditions, customs, beliefs, 12 and folklife that are a valuable part of the story 13 of the United States; 14 (C) provides outstanding opportunities— 15 (i) to conserve natural, historic, cul- 16 tural, or scenic features; and 17 (ii) for recreation and education; 18 (D) contains resources that— 19 (i) are important to any identified 20 themes of the proposed National Heritage 21 Area; and 22 (ii) retain a degree of integrity capa- 23 ble of supporting interpretation; 24 VerDate Sep 11 2014 19:29 Jan 17, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S3217.IS S3217 pamtmann on DSKBC07HB2PROD with BILLS 9 •S 3217 IS (E) includes residents, business interests, 1 nonprofit organizations, and State and local 2 governments that— 3 (i) are involved in the planning of the 4 proposed National Heritage Area; 5 (ii) have developed a conceptual finan- 6 cial plan that outlines the roles of all par- 7 ticipants in the proposed National Herit- 8 age Area, including the Federal Govern- 9 ment; and 10 (iii) have demonstrated support for 11 the designation of the proposed National 12 Heritage Area; 13 (F) has a potential management entity to 14 work in partnership with the individuals and 15 entities described in subparagraph (E) to de- 16 velop the proposed National Heritage Area 17 while encouraging State and local economic ac- 18 tivity; and 19 (G) has a conceptual boundary map that is 20 supported by the public. 21 (4) REPORT.— 22 (A) IN GENERAL.—For each study carried 23 out under paragraph (1), the Secretary shall 24 submit to the Committee on Energy and Nat- 25 VerDate Sep 11 2014 19:29 Jan 17, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S3217.IS S3217 pamtmann on DSKBC07HB2PROD with BILLS 10 •S 3217 IS ural Resources of the Senate and the Com- 1 mittee on Natural Resources of the House of 2 Representatives a report that describes— 3 (i) the findings of the study; and 4 (ii) any conclusions and recommenda- 5 tions of the Secretary. 6 (B) TIMING.— 7 (i) STUDIES CARRIED OUT BY THE 8 SECRETARY.—With respect to a study car- 9 ried out by the Secretary in accordance 10 with paragraph (2)(A)(i), the Secretary 11 shall submit a report under subparagraph 12 (A) not later than 3 years after the date 13 on which funds are first made available to 14 carry out the study. 15 (ii) STUDIES CARRIED OUT BY OTHER 16 INTERESTED PARTIES.—With respect to a 17 study carried out by interested individuals 18 or entities in accordance with paragraph 19 (2)(A)(ii), the Secretary shall submit a re- 20 port under subparagraph (A) not later 21 than 180 days after the date on which the 22 Secretary certifies under paragraph (2)(B) 23 that the study meets the requirements of 24 paragraph (3). 25 VerDate Sep 11 2014 19:29 Jan 17, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S3217.IS S3217 pamtmann on DSKBC07HB2PROD with BILLS 11 •S 3217 IS (b) DESIGNATION.— 1 (1) IN GENERAL.—An area may be designated 2 as a National Heritage Area only by an Act of Con- 3 gress. 4 (2) DESIGNATION.—On receipt of a report 5 under subsection (a)(4) recommending the designa- 6 tion of a proposed National Heritage Area as a Na- 7 tional Heritage Area, Congress may designate— 8 (A) as a National Heritage Area the pro- 9 posed National Heritage Area that is the sub- 10 ject of the relevant feasibility study; and 11 (B) a local coordinating entity to operate 12 the National Heritage Area. 13 (3) TREATMENT AS COMPONENT OF NATIONAL 14 HERITAGE AREA SYSTEM.—A National Heritage 15 Area designated under paragraph (2)(A) shall be a 16 component of the National Heritage Area System, 17 unless the law designating the National Heritage 18 Area exempts the National Heritage Area from the 19 National Heritage Area System through a specific 20 reference to this Act. 21 (c) MANAGEMENT PLAN.— 22 (1) IN GENERAL.—The applicable local coordi- 23 nating entity shall develop a management plan for a 24 VerDate Sep 11 2014 19:29 Jan 17, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S3217.IS S3217 pamtmann on DSKBC07HB2PROD with BILLS 12 •S 3217 IS National Heritage Area in accordance with para- 1 graph (2). 2 (2) REQUIREMENTS.—The management plan 3 for a National Heritage Area shall— 4 (A) be developed using a comprehensive 5 planning approach that includes— 6 (i) opportunities for stakeholders 7 (such as community members, local and re- 8 gional governments, Tribal governments, 9 businesses, nonprofit organizations, and 10 others)— 11 (I) to be involved in the planning 12 process; and 13 (II) to review and comment on 14 the draft plan; and 15 (ii) documentation of the planning 16 and public participation processes, includ- 17 ing a description of— 18 (I) the means by which the man- 19 agement plan was prepared; 20 (II) the stakeholders involved in 21 the process; and 22 (III) the timing and method of 23 stakeholder involvement; 24 VerDate Sep 11 2014 19:29 Jan 17, 2020 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S3217.IS S3217 pamtmann on DSKBC07HB2PROD with BILLS 13 •S 3217 IS (B) include an inventory of the natural, 1 historic, cultural, and scenic resources of the 2 National Heritage Area relating to the nation- 3 ally significant themes and events of the region 4 that should be protected, enhanced, interpreted, 5 managed, or developed; 6 (C) identify comprehensive goals, strate- 7 gies, policies, and recommendations for— 8 (i) demonstrating the heritage rep- 9 resented by the National Heritage Area; 10 and 11 (ii) encouraging long-term resource 12 protection, enhancement, interpretation, 13 and development; 14 (D) include recommendations for ways in 15 which Federal, State, Tribal government, and 16 local entities may best be coordinated, including 17 the role of the National Park Service and other 18 Federal agencies associated with the National 19 Heritage Area, to advance the purposes of this 20 Act; 21 ( [Text truncated for display. 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