[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3707 Reported in House (RH)]
Union Calendar No. 316
103d CONGRESS
2d Session
H. R. 3707
[Report No. 103-570]
_______________________________________________________________________
A BILL
To establish an American Heritage Areas Partnership Program in the
Department of the Interior.
_______________________________________________________________________
June 30, 1994
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
Union Calendar No. 316
103d CONGRESS
2d Session
H. R. 3707
[Report No. 103-570]
To establish an American Heritage Areas Partnership Program in the
Department of the Interior.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 22, 1993
Mr. Vento (for himself, Mr. Hinchey, and Mr. Boucher) introduced the
following bill; which was referred to the Committee on Natural
Resources
June 30, 1994
Additional sponsor: Mr. Gordon
June 30, 1994
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on
November 22, 1993]
_______________________________________________________________________
A BILL
To establish an American Heritage Areas Partnership Program in the
Department of the Interior.
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 ``American Heritage Areas Partnership
Program Act of 1994''.
SEC. 2. 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) despite existing efforts by States and localities and
existing Federal programs, the natural, historic, and cultural
resources and recreational opportunities in these areas are
often at risk; and
(3) their complexity and character distinguish them and
call for a distinctive system of recognition, protection, and
partnership management.
SEC. 3. PURPOSES.
The purposes of the American Heritage Areas Partnership Program Act
are--
(1) to recognize that the natural, historic, and cultural
resources and recreational opportunities of the United States
represent the great and diverse character of the Nation and are
important thereto, and that these resources and opportunities
must be guarded, preserved, and 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 heritage areas which provide unique
frameworks for understanding the historical, cultural and
natural development of the community and its surroundings;
(3) to preserve such assemblages which are worthy of
national recognition, designation and assistance, and to
encourage linking such resources within such areas through
greenways, corridors, and trails;
(4) to encourage appropriate partnerships among Federal
agencies, State and local governments, nonprofit organizations,
the private sector, or combinations thereof to preserve,
conserve and manage those resources and opportunities,
accommodate economic viability and enhance the quality of life
for our Nation's present and future generations;
(5) to authorize Federal financial and technical assistance
to State and local governments, private nonprofit
organizations, or combinations thereof, to study and promote
the potential for conserving and interpreting heritage areas;
and
(6) to prescribe the process by which, and the standards
according to which, prospective American Heritage Areas may be
assessed for eligibility and included in an American Heritage
Areas Partnership Program.
SEC. 4. DEFINITIONS.
For purposes of this Act--
(1) American heritage area.--The term ``American Heritage
Area'' means a place where 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. These patterns
make American Heritage Areas representative of the national
experience through the physical features that remain and the
traditions that have evolved in them. Continued use of and
adaptive reuses of the natural and cultural fabric within
American Heritage Areas by people whose traditions helped to
shape the landscapes enhances their significance.
(2) 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, which is recognized as eligible
for the special programs and services provided by the United
States to Indians because of their status as Indians.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) Technical assistance.--The term ``technical
assistance'' means any guidance, advice, help, or aid,
exclusive of financial aid.
(5) Unit of government.--The term ``unit of government''
means the government of a State, a political subdivision
thereof, or Indian tribe.
SEC. 5. AMERICAN HERITAGE PARTNERSHIP PROGRAM.
(a) Establishment.--In order to preserve nationally distinctive
natural, historic, and cultural resources, and to provide opportunities
for conservation, education, and recreation through recognition of and
assistance to such areas, there is hereby established an American
Heritage Areas Partnership Program within the Department of the
Interior, which shall consist of American Heritage Areas designated
pursuant to subsection (d).
(b) General Authority.--In accordance with the purposes of this
Act, the Secretary is authorized to--
(1) evaluate combinations of resources best preserved,
interpreted, stabilized, and managed as American Heritage Areas
under a partnership model;
(2) evaluate areas nominated for designation under
subsection (d) as American Heritage Areas in accordance with
the criteria established in subsection (c);
(3) advise State and local governments, as well as
nonprofit organizations or other appropriate entities as to
suitable methods of recognizing and preserving thematically and
geographically linked natural, historic, and cultural resources
and recreational opportunities;
(4) provide technical assistance and grants for the
purposes of nominating areas for inclusion in the American
Heritage Area Program, of developing compacts for nominated
areas, of developing management plans for designated areas, and
of undertaking capital projects and improvements pursuant to
such management plans; and
(5) to consider any heritage area designated under this or
any other Act for nomination to the World Heritage List if the
Secretary determines that such heritage area meets the
qualification for such nomination.
(c) Criteria.--To be eligible for designation as an American
Heritage Area, a proposed area shall meet each of the following
criteria:
(1) The area shall be an assemblage of natural, historic,
or cultural resources that together represent distinctive
aspects of American heritage worthy of recognition,
preservation, interpretation and continuing use which are best
managed as such, through partnerships among public and private
entities, and combining diverse and sometimes noncontiguous
resources and active communities.
(2) The area shall reflect traditions, customs, beliefs, or
folklife, or some combination thereof, that are a valuable part
of the Nation's story.
(3) The area shall provide outstanding opportunities to
conserve natural, cultural, or historic features, or some
combination thereof.
(4) The area shall provide outstanding recreational and
educational opportunities.
(5) The resources important to the identified theme or
themes of the area shall retain integrity capable of supporting
interpretation.
(6) Residents, nonprofit organizations, other private
entities, and governments within the proposed area shall have
demonstrated support for designation of the area and
implementation of its management plan.
(7) The principal organization and units of government
supporting the designation shall be willing to commit to
agreements to work in partnership to implement its management
plan.
(8) The proposal shall be consistent with continued
economic viability in the area.
(9) A compact shall have been prepared with public
participation.
(10) The implementation program outlined in the compact
shall be likely to be initiated within a reasonable time after
designation and such program shall ensure effective
implementation of the State and local aspects of the plan.
(d) Conditions for Designation.--An area may be designated as an
American Heritage Area only by an Act of Congress. The Congress may
designate an area as an American Heritage Area, upon which the
boundaries of the area shall be specified and the management entity
recognized, only after each of the following conditions are met:
(1) An entity requesting American Heritage Area designation
shall have submitted a feasibility study and compact, as
described in section 6(d), to the Secretary. The comments of
the Governor of each State in which the proposed American
Heritage Area lies shall accompany such submittals to the
Secretary.
(2) The Secretary shall have approved the feasibility study
and compact, and have submitted the study and compact to the
Congress. Prior to approving any studies or compacts, the
Secretary shall consult with the Advisory Council on Historic
Preservation in accordance with section 106 of the National
Historic Preservation Act. The Secretary shall submit those
studies and compacts described in section 6(d) of this Act to
the Congress, together with any comments which the Secretary
deems appropriate for a preferred action.
(e) Relation to the National Register of Historic Places.--The act
of designation of an American Heritage Area shall not be deemed to
signify that such American Heritage Area is included in, or eligible
for, inclusion in the National Register of Historic Places, as
established in accordance with the National Historic Preservation Act.
Designation of an American Heritage Area shall not preclude the
subsequent nomination to, or determination of eligibility for inclusion
in, the National Register of any district, site, building, structure,
or object located within the designated American Heritage Area.
(f) Duration of Designations.--
(1) In general.--An American Heritage Area's designation
shall continue unless the Secretary determines--
(A)(i) that the American Heritage Area no longer
meets the criteria established in subsection (c);
(ii) that the parties to the compact are not in
compliance with the terms of the compact; or
(iii) that the management entity has not made
significant progress in developing or implementing the
management plan; and
(B) requests that the Congress withdraw
designation.
(2) Public hearing.--Before making such a determination,
the Secretary or the Secretary's designee shall hold a public
hearing within the American Heritage Area.
SEC. 6. HERITAGE PARTNERSHIP FEASIBILITY STUDIES, COMPACTS, MANAGEMENT
PLANS, AND EARLY ACTIONS.
(a) Grants.--
(1) In general.--The Secretary may make matching grants to
assist in studies to identify the feasibility of establishing a
heritage area, to prepare compacts outlining the objectives,
boundaries and management structure of the heritage area, to
prepare management plans for designated American Heritage
Areas, and to provide support for early actions as part of the
development of American Heritage Areas, as described in
subsections (d) and (e).
(2) Eligibility.--The Secretary may make grants under this
section to units of government. The Secretary, in consultation
with affected units of government, may also make grants to
private nonprofit organizations. In awarding grants, the
Secretary shall be guided by the criteria for eligibility for
designation found in section 5(c).
(b) Technical Assistance.--
(1) Eligibility.--The Secretary may provide technical
assistance to units of government and private nonprofit
organizations in the conduct of studies, compacts, plans, and
early actions. In providing technical assistance, the Secretary
shall be guided by the criteria for eligibility for designation
found in section 5(c).
(2) Cooperative agreements.--The Secretary may also elect
to provide all or part of the technical assistance in the
conduct of studies, compacts, plans, and early actions through
cooperative agreements with units of government and private
nonprofit organizations whose missions and resources can
contribute substantially to the purposes of this Act.
(c) Other Assistance.--Nothing in this Act shall be deemed to
prohibit the Secretary or other units of government from providing
technical or financial assistance under any other provision of law.
(d) Contents of Studies, Compacts, and Plans.--
(1) Feasibility study.--Each feasibility study under this
Act shall include sufficient information to determine if an
area has the potential to meet the criteria in section 5(c).
Such information 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,
including an assessment of their quality, the degree of
integrity, the availability of public access and the
themes represented by such resources and opportunities.
(B) An assessment of the interest of potential
partners, including units of government, nonprofit
organizations, and other private entities.
(C) A description of tentative boundaries for the
area to be nominated.
(D) Identification of a possible management entity.
(2) Compact.--A compact under this Act shall include
information relating to the objectives and management of the
area to be proposed for designation. Such information shall
include, but need not be limited to each of the following:
(A) A delineation of the boundaries of the proposed
area.
(B) A discussion of the goals and objectives of the
area to be nominated, including an explanation of the
proposed approach to conservation and interpretation,
and a general outline of the protection measures
committed to by the partners.
(C) An identification and description of the
management entity which will administer the heritage
area.
(D) A list of the initial partners to be involved
in developing and implementing the management plan for
the proposed area, as well as a statement of the
financial commitment of such partners.
(E) A description of the role of the State or
States in which the proposed area is located.
(3) Management plan.--A management plan under this Act for
an American Heritage Area shall present comprehensive
recommendations for the heritage area's conservation, funding,
management and development. Such plan shall take into
consideration existing State, county, and local plans and
involve residents, public agencies, and private organizations
working in the area. It shall include recommended actions to be
undertaken by units of government and private organizations to
protect the resources of the area. It shall specify the
existing and potential sources of funding to protect, manage
and develop the area. Such plans shall include specifically as
appropriate:
(A) An inventory of the resources contained in the
heritage area, including a list of property in the area
which should be preserved, restored, managed,
developed, maintained because of its natural, cultural,
or historic significance as it relates to the themes of
the area.
(B) A recommendation of policies for resource
management which consider and detail application of
appropriate land and water management techniques,
including (but not limited to) the development of
intergovernmental cooperative agreements to protect the
area's historical, cultural, and natural resources and
recreational opportunities in a manner consistent with
supporting appropriate and compatible economic
viability.
(C) A program for implementation of the management
plan by the management entity, including plans for
restoration and construction, as well as specific
commitments of the identified partners for the first 5
years of operation.
(D) An analysis of ways in which local, State, and
Federal programs may best be coordinated to promote the
purposes of the Act.
(E) An interpretation plan for the American
Heritage Area.
(e) Early Action.--After designation of an American Heritage Area
but prior to approval of the management plan for that area, the
Secretary may provide technical and financial assistance for early
actions which are important to the theme of the area and which protect
resources in imminent danger of irreversible damage but for the fact of
such early action.
SEC. 7. MANAGEMENT ENTITIES.
(a) General.--The management entities named in the compacts for
American Heritage Areas are authorized to receive Federal funds in
support of cooperative partnerships to prepare and implement the
management plans and otherwise perform the functions contemplated in
this Act. To be eligible for designation as the management entity of an
American Heritage Area, a unit of government or private nonprofit
organization must possess the legal ability to--
(1) receive Federal funds for use in preparing and
implementing the management plan;
(2) disburse Federal funds to other units of government or
other organizations for use in preparing and implementing the
management plan;
(3) account for all Federal funds so received or disbursed;
and
(4) sign agreements with the Federal Government.
(b) Authorities of the Management Entity.--The management entity
may, for purposes of preparing and implementing the management plan,
use Federal funds made available through this Act--
(1) to make grants and loans to States, political
subdivisions thereof, private organizations, and other persons;
(2) to enter into cooperative agreements with Federal
agencies; and
(3) to hire and compensate staff.
(c) Duties of the Management Entity.--The management entity for an
American Heritage Area shall--
(1) develop and submit to the Secretary for approval a
management plan as described in section 6(d) within 5 years of
the date of designation of such area;
(2) give priority to implementing actions as set forth in
the compact and the management plan, including taking steps
to--
(A) assist units of government, regional planning
organizations, and nonprofit organizations in
preserving the American Heritage Area;
(B) assist units of government, regional planning
organizations, and nonprofit organizations in
establishing, and maintaining interpretive exhibits in
the American Heritage Area;
(C) assist units of government, regional planning
organizations, and nonprofit organizations in
developing recreational opportunities in the American
Heritage Area;
(D) assist units of government, regional planning
organizations, and nonprofit organizations in
increasing public awareness of and appreciation for the
natural, historical, and cultural resources in the
American Heritage Area;
(E) assist units of government, regional planning
organizations and nonprofit organizations in the
restoration of any historic building relating to the
themes of the American Heritage Area;
(F) encourage by appropriate means economic
viability in the corridor consistent with the goals of
the management plan;
(G) encourage local governments to adopt land use
policies consistent with the management of the American
Heritage Area and the goals of the management plan; and
(H) assist units of government, regional planning
organizations and nonprofit organizations to ensure
that clear, consistent, and environmentally appropriate
signs identifying access points and sites of interest
are put in place throughout the American Heritage Area;
(3) in developing and implementing the management plan,
consider the interests of diverse governmental, business, and
nonprofit groups within the geographic area;
(4) conduct public meetings at least quarterly regarding
the implementation of the management plan;
(5) submit substantial changes (including any increase of
more than 20 percent in the cost estimates for implementation)
to the management plan to the Secretary for the Secretary's
approval;
(6) for any year in which Federal funds have been received
under this Act, submit an annual report to the Secretary
setting forth its accomplishments, its expenses and income, and
the entities to which any loans and grants were made during the
year for which the report is made;
(7) for any year in which Federal funds have been received
under this Act, make available for audit by the Congress, the
Secretary, and appropriate units of government all records and
other information pertaining to the expenditure of such funds
and any matching funds, and require, for all agreements
authorizing expenditure of Federal funds by other
organizations, that the receiving organizations make available
for audit by such entities all records and other information
pertaining to the expenditure of such funds; and
(8) be liable for any loans made pursuant to section
7(b)(1).
(d) Disqualification for Federal Funding.--If a management plan is
not submitted to the Secretary as required under subsection (c)(1)
within the specified time, the American Heritage Area shall no longer
qualify for Federal funding.
(e) Prohibition on the Acquisition of Real Property.--The
management entity may not use Federal funds received under this Act to
acquire real property or interest in real property. Nothing in this Act
shall preclude any management entity from using Federal funds from
other sources for their permitted purposes.
(f) Eligibility for Receiving Financial Assistance.--(1) A
management entity for a designated American Heritage Area shall be
eligible to receive funds appropriated through this Act for a period of
10 years after the day on which the American Heritage Area is
designated, except as provided in paragraph (2).
(2) A management entity's eligibility for funding under this Act
may be extended for a period of not more than 5 additional years, if--
(A) the management entity determines such extension is
necessary in order to carry out the purposes of this Act and
notifies the Secretary not later than 180 days prior to the
termination date;
(B) the management entity, not later than 180 days prior to
the termination date, presents to the Secretary a plan of its
activities for the period of the extension, including
provisions for becoming independent of the funds made available
through this Act; and
(C) the Secretary, with the advice of the Governors of the
States in which the American Heritage Area is located, approves
such extension of funding.
(3) Any extension provided pursuant to this subsection shall not be
construed as waiving any limitation on funds provided by this Act.
SEC. 8. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES.
(a) Duties and Authorities of the Secretary.--
(1) Technical and financial assistance.--(A) Following
designation of an American Heritage Area, the Secretary may,
upon request of the management entity, provide technical and
financial assistance with respect to American Heritage Area to
develop and implement the management plan.
(B) In assisting a designated American Heritage Area, the
Secretary shall give priority to actions that in general assist
in--
(i) conserving the significant natural, historic,
and cultural resources which support the themes of the
American Heritage Area; and
(ii) providing education, interpretive, and
recreational opportunities consistent with the
resources and associated values of the American
Heritage Area.
(C) The Secretary is authorized to spend Federal funds
directly on nonfederally owned property to further the purposes
of this Act, especially in assisting units of government in
appropriate treatment of districts, sites, buildings,
structures, and objects listed or eligible for listing on the
National Register of Historic Places.
(D) The Secretary shall decide which American Heritage
Areas shall be awarded technical and financial assistance, and
the amount of such assistance. Such decisions shall be based on
the relative degree to which each Area most effectively
fulfills the objectives contained in the management plan and
shall give consideration to projects which provide a greater
leverage of Federal funds.
(E) The Secretary may provide technical and financial
assistance to units of government and to nonprofit
organizations in carrying out the purposes of this Act.
(2) Approval and disapproval of compacts, and management
plans.--
(A) The Secretary, in consultation with the
Governors of each State in which the proposed or
designated American Heritage Area is located, shall
approve or disapprove a compact or management plan
submitted under this Act not later than 90 days after
receiving such compact or management plan.
(B) If the Secretary disapproves a submitted
compact or management plan, the Secretary shall advise
the petitioner in writing of the reasons therefor and
shall make recommendations for revisions in the compact
or plan. The Secretary shall approve or disapprove a
proposed revision within 90 days after the date it is
submitted.
(3) Approving amendments.--The Secretary shall review
substantial amendments to management plans of American Heritage
Areas. Funds appropriated pursuant to this Act may not be
expended to implement the amendments until the Secretary
approves the amendments.
(4) Annual report.--The Secretary shall submit an annual
report to Congress on the American Heritage Partnership
Program. Such report shall include--
(A) the number, amount and recipients of any grants
provided by the Secretary and the nature of any
technical assistance or early action provided pursuant
to this Act;
(B) a description of the areas nominated for the
American Heritage Partnership Program;
(C) the Secretary's recommendations for areas to be
designated by Congress; and
(D) the status of the implementation of contractual
agreements entered into by the Secretary under this
same program.
(5) Oversight of heritage areas.--The Secretary shall
investigate, study and continually monitor the welfare of
American Heritage Areas whose eligibility for Federal funding
has expired, and shall report to the Congress periodically on
the current and changed condition of any such American Heritage
Area.
(6) Providing information.--In cooperation with other
Federal agencies, the Secretary shall provide the general
public with information as to the location and character of
components of the American Heritage Area Program.
(7) Promulgating regulations.--The Secretary shall
promulgate such regulations as are necessary to carry out the
purposes of this Act.
(b) Duties of Federal Entities.--Any Federal entity conducting or
supporting activities directly affecting a designated American Heritage
Area, and any unit of government acting pursuant to a grant of Federal
funds or a Federal permit or agreement conducting or supporting such
activities shall, to the maximum extent practicable--
(1) consult with the Secretary and the management entity
for the American Heritage Area with respect to such activities;
(2) cooperate with the Secretary and the management entity
in carrying out their duties under this Act and coordinate such
activities with the carrying out of such duties; and
(3) conduct or support such activities in a manner
consistent with the management plan unless the Federal entity,
after consultation with the management entity, determines there
is no practicable alternative.
SEC. 9. PRIVATE PROPERTY USE.
Land use plans for a designated American Heritage Area may be
adopted and implemented by local governments, or management entities
authorized by State law to exercise such authorities concerning private
property use, pursuant to the compact, the management plan, and the
other binding agreements among the partners supporting the American
Heritage Area to achieve the purposes of the designation.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
(a) Feasibility Studies, Compacts, Management Plans, and Early
Actions.--From the amounts made available to carry out the National
Historic Preservation Act, there is authorized to be appropriated to
the Secretary, for grants and technical assistance pursuant to section
6 and the administration thereof, annually not more than $10,000,000,
to remain available until expended with the following conditions:
(1) No grant for a feasibility study, compact, management
plan, or early action may exceed 75 percent of the grantee's
cost for such study, plan, or early action.
(2) The total amount of Federal funding for a feasibility
study for any one American Heritage Area may not exceed
$100,000.
(3) The total amount of Federal funding for a compact for
any one American Heritage Area may not exceed $150,000.
(4) The total amount of Federal funding for early action
grants for any one American Heritage Area may not exceed
$250,000.
(5) The total amount of Federal funding for a management
plan for any one American Heritage Area may not exceed
$150,000.
(b) Management Entity Operations.--
(1) Operating costs.--From the amounts made available to
carry out the National Historic Preservation Act, there is
authorized to be appropriated to the Secretary for the
operating costs of each management entity pursuant to section 7
not more than $250,000 annually.
(2) Cost share.--The Federal contribution to the operations
of any management entity shall not exceed 50 percent of the
annual operating costs of that entity.
(c) Implementation.--From the amounts made available to carry out
the National Historic Preservation Act, there is authorized to be
appropriated to the Secretary, for grants and technical assistance
pursuant to section 8 and the administration thereof for the
implementation of management plans for designated American Heritage
Areas pursuant to section 8, annually not more than $25,000,000, to
remain available until expended, with the following conditions--
(1) No grant for implementation may exceed 50 percent of
the grantee's cost of implementation.
(2) No more than 10 percent of the annual appropriation for
this subsection shall be made available, in any single year,
for implementation activities in a given area.
(3) No more than $10,000,000 in total may be made available
under this subsection to any one American Heritage Area.
(4) Any payment made shall be subject to an agreement that
conversion, use, or disposal of the project so assisted for
purposes contrary to the purposes of this Act, as determined by
the Secretary, shall result in a right of the United States of
reimbursement of all funds made available to such project or
the proportion of the increased value of the project
attributable to such funds as determined at the time of such
conversion, use, or disposal, whichever is greater.
(d) Limitation on Amounts Available for Technical Assistance.--For
any one American Heritage Area, an amount equal to not more than 10
percent of the total amount made available to such area under this
section for a fiscal year may be made available for that fiscal year
for technical assistance with respect to that area.
SEC. 11. EXPIRATION OF AUTHORITIES.
The authorities contained in this Act shall expire on September 30
of the 25th fiscal year beginning after the date of enactment of this
Act. The Secretary shall submit to the Congress every 5 years a report
on the status and accomplishments of the overall American Heritage Area
Partnership Program.
SEC. 12. SAVINGS PROVISION.
Nothing in this Act shall be construed to expand or diminish any
authorities provided by laws designating individual National Heritage
Areas or Corridors established prior to enactment of this Act.
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