[House Report 107-498]
[From the U.S. Government Publishing Office]
107th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 107-498
=======================================================================
NATIONAL HERITAGE AREAS POLICY ACT
_______
June 11, 2002.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Hansen, from the Committee on Resources, submitted the following
R E P O R T
[To accompany H.R. 2388]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 2388) to establish the criteria and mechanism for the
designation and support of national heritage areas, having
considered the same, report favorably thereon with an amendment
and recommend that the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``National Heritage
Areas Policy Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Purposes.
Sec. 3. Definitions.
Sec. 4. Recommendation of areas for designation as national heritage
areas.
Sec. 5. Requirements applicable to feasibility studies.
Sec. 6. Management plans.
Sec. 7. Grants for proposed national heritage areas.
Sec. 8. Grants to support designated national heritage areas.
Sec. 9. Technical assistance.
Sec. 10. Termination of designation.
Sec. 11. Private property protection.
Sec. 12. Relationship to other Federal programs.
Sec. 13. Savings provisions.
Sec. 14. Funding provisions.
SEC. 2. PURPOSES.
The purposes of this Act are as follows:
(1) To establish the criteria and mechanisms for the
designation of certain areas in the United States containing
nationally important natural, historic, and cultural resources
and recreational and educational opportunities that are
geographically assembled and thematically related as areas that
provide unique frameworks for understanding the great and
diverse character of the United States and the development of
communities and their surroundings as national heritage areas.
(2) To strengthen, complement, and support the existing units
of the National Park System through the interpretation and
conservation of the associated living landscapes outside of the
boundaries of those units.
(3) To describe the extent of Federal responsibilities and
duties in regard to future national heritage areas.
(4) To encourage collaboration and partnerships among State
and local governments, nonprofit organizations, and the private
sector, or combinations thereof, to conserve and manage the
resources and opportunities in national heritage areas.
(5) To authorize Federal financial and technical assistance
to local coordinating entities to assist in the conservation
and interpretation of national heritage areas.
SEC. 3. DEFINITIONS.
In this Act:
(1) Feasibility study.--The term ``feasibility study'' means
a study conducted by the Secretary, or conducted by one or more
other interested parties and approved by the Secretary in
accordance with this Act, regarding the feasibility of
designating any proposed national heritage area as a national
heritage area.
(2) Local coordinating entity.--The term ``local coordinating
entity'' means, with respect to a national heritage area--
(A) an entity recognized by the Secretary, but only
after consultation with the chief executive officer of
the State in which the national heritage area is
located (or if the area is located in more than one
State, the chief executive officers of all such
States), that agrees to perform the duties of a local
coordinating entity under this Act; or
(B) a Federal commission designated by Congress with
members appointed by the Secretary to perform the
duties of a local coordinating entity under this Act.
(3) National heritage area.--The term ``national heritage
area'' means an area or corridor designated by an Act of
Congress as a national heritage area.
(4) Proposed national heritage area.--The term ``proposed
national heritage area'' means an area or corridor that has
been authorized by an Act of Congress for which the Secretary
has been explicitly authorized to conduct a study to determine
the suitability and feasibility of designating the area or
corridor as a national heritage area.
(5) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(6) State.--The term ``State'' means each of the Several
States, the District of Columbia, Guam, the Virgin Islands,
American Samoa, the Commonwealth of Puerto Rico, and the
Commonwealth of the Northern Mariana Islands.
(7) Unit of local government.--The term ``unit of local
government'' means the government of a State, a political
subdivision of a State, or an Indian tribe.
SEC. 4. RECOMMENDATION OF AREAS FOR DESIGNATION AS NATIONAL HERITAGE
AREAS.
The Secretary may recommend to Congress that an area or corridor be
designated as a national heritage area only if, not later than 5 years
after the Act explicitly authorizing the Secretary to conduct a study
to determine the suitability and feasibility of designating the area or
corridor as a national heritage area, the Secretary has--
(1) determined, based upon a feasibility study conducted for
the proposed national heritage area that the area contains
resources of national importance and is suitable and
appropriate for designation as a national heritage area; and
(2) approved a management plan developed in accordance with
this Act for the proposed national heritage area that includes
a business plan as described in section 6(b)(4)(G).
SEC. 5. REQUIREMENTS APPLICABLE TO FEASIBILITY STUDIES.
(a) Study Process and Content.--A feasibility study for a proposed
national heritage area shall--
(1) be conducted by the Secretary or by one or more other
interested parties for the proposed national heritage area;
(2) be conducted with participation from the public and units
of local government; and
(3) include the following:
(A) Sufficient information to determine whether the
proposed national heritage area meets the criteria
specified in subsection (b).
(B) A description of the natural, historic, and
cultural resources and recreational, interpretive, and
educational opportunities presented by the proposed
national heritage area, including an assessment of the
quality and integrity of, the availability of public
access to, and the themes represented by such resources
and opportunities.
(C) An assessment of the interest of, and impact of
possible designation upon, potential partners, units of
government, nonprofit organizations, and other private
entities.
(D) A description of the boundaries and conceptual
framework for the proposed national heritage area, if
the study concludes that all or a portion of the
proposed national heritage area is appropriate for
designation as a national heritage area.
(E) The identity of the local coordinating entity for
the proposed national heritage area.
(b) Criteria for Concluding Area Is Appropriate for Designation.--The
criteria referred to in subsection (a)(3)(A) are the following:
(1) Assemblage of resources.--The proposed national heritage
area is a cohesive 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 through partnerships between
private and public entities.
(2) Traditions, customs, beliefs, or folklife.--The proposed
national heritage area reflects traditions, customs, beliefs,
or folklife, or some combination thereof, that are a valuable
part of the heritage of the United States.
(3) Conservation of natural, cultural, or historic
features.--The proposed national heritage area provides
outstanding opportunities to conserve natural, cultural, or
historic features, or some combination thereof.
(4) Recreational and educational opportunities.--The proposed
national heritage area provides outstanding recreational and
interpretive opportunities.
(5) Themes and integrity of resources.--The proposed national
heritage area has an identifiable theme, and resources
important to the theme retain integrity capable of supporting
interpretation.
(6) Support.--Residents, nonprofit organizations, other
private entities, and units of local government throughout the
proposed national heritage area demonstrate support through
letters or other means for designation of the proposed national
heritage area as a national heritage area and for management of
the proposed national heritage area as appropriate for such
designation.
(c) Comments of State Chief Executive Officer.--Before submitting any
feasibility study to the Congress regarding a proposed national
heritage area, the Secretary shall solicit comments from the chief
executive officer of each State in which the proposed national heritage
area is located. The Secretary shall include in the study any comments
the Secretary receives from each relevant chief executive officer.
(d) Submission of Feasibility Study.--Upon completion or approval by
the Secretary of a feasibility study, the Secretary shall submit the
study to the Committee on Resources of the House of Representatives and
the Committee on Energy and Natural Resources of the Senate. The
Secretary shall include with the study the recommendations of the
Secretary with respect to the proposed designation to which the study
relates.
(e) Studies by Interested Parties.--For the purposes of any Act
authorizing the Secretary to conduct a study to determine the
feasibility of designating an area as a national heritage area, the
Secretary may approve a feasibility study submitted by one or more
interested parties in lieu of conducting the study if the feasibility
study meets the requirements of this Act unless the Act authorizing the
study explicitly exempts the study from this subsection.
(f) Approval and Disapproval of a Feasibility Study.--
(1) In general.--Not later than 90 days after receipt of a
feasibility study for a proposed national heritage area, the
Secretary shall approve or disapprove the study. If the
Secretary has not approved or disapproved the study within that
90-day period, the study shall be considered approved.
(2) Disapproval and revisions.--If the Secretary disapproves
a feasibility study for a proposed national heritage area, the
Secretary shall advise the entity that submitted the study, in
writing, of the reasons for the disapproval and shall make
recommendations, if any, for a revision of the study. Not later
than 90 days after receipt of a revised feasibility study, the
Secretary shall approve or disapprove the revised study. If the
Secretary has not approved or disapproved the revised study
within that 90-day period, the revised study shall be
considered approved.
SEC. 6. MANAGEMENT PLANS.
(a) Requirements.--In order to meet the requirements of this Act, a
management plan for a proposed national heritage area shall be prepared
by the local coordinating entity for the proposed national heritage
area in accordance with this section. In preparing the management plan,
the local coordinating entity shall perform each of the following
duties:
(1) Management plan.--Prepare and submit a management plan
reviewed by participating units of local government within the
boundaries of the proposed national heritage area.
(2) Collaboration.--Collaborate with and consider the
interests of diverse units of government, businesses, tourism
officials, private property owners, and nonprofit groups within
the geographic area of the proposed national heritage area in
developing and implementing such management plan.
(3) Public involvement.--Ensure regular public involvement,
including public meetings at least annually, regarding the
implementation of the management plan for the proposed national
heritage area.
(4) Records for audits.--Make available to the Secretary for
audit, for any year in which Federal funds have been received
under this Act, all records 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
to the Secretary for audit all records pertaining to the
expenditure of such funds.
(b) Contents of Management Plan.--The management plan prepared for a
proposed national heritage area shall--
(1) present a comprehensive program for the conservation,
interpretation, funding, management, and development of the
proposed national heritage area and of the historical,
cultural, and natural resources and the recreational and
educational opportunities of the proposed national heritage
area, in a manner consistent with the existing local, State,
and Federal land use laws and compatible economic viability of
the proposed national heritage area;
(2) involve residents, public agencies, and private
organizations working in the proposed national heritage area;
(3) specify and coordinate, as of the date of the management
plan, existing and potential sources of technical and financial
assistance under this and other Federal laws to protect,
manage, and develop the proposed national heritage area; and
(4) include--
(A) actions to be undertaken by units of government
and private organizations to protect, conserve, and
interpret the resources of the proposed national
heritage area;
(B) an inventory of the resources contained in the
proposed national heritage area, including a list of
any property in the proposed national heritage area
that is related to the themes of the proposed national
heritage area and that is found to merit preservation,
restoration, management, development, or maintenance
because of its natural, cultural, historical, or
recreational significance;
(C) policies for resource management with appropriate
land and water management techniques, including the
development of intergovernmental cooperative
agreements, private sector agreements, or any
combination thereof, to protect the historical,
cultural, recreational, and natural resources of the
proposed national heritage area in a manner consistent
with supporting appropriate and compatible economic
viability;
(D) a program for implementation of the management
plan by the designated local coordinating entity, in
cooperation with its partners and units of local
government;
(E) evidence that relevant State, county, and local
plans applicable to proposed national heritage areas
have been taken into consideration;
(F) an analysis of ways in which local, State, and
Federal programs may best be coordinated to promote the
purposes of this Act; and
(G) a business plan that--
(i) describes in detail the role, operation,
financing, and functions of the local
coordinating entity and of each activity
included in the recommendations contained in
the management plan; and
(ii) provides, to the satisfaction of the
Secretary, adequate assurances that the local
coordinating entity is likely to have the
financial resources necessary to implement the
management plan for the proposed heritage area,
including resources to meet matching
requirement for grants awarded under this Act.
(c) Public Notice.--To satisfy the requirements of subsection (a)(3),
the local coordinating entity shall place a notice of each of its
public meetings in a newspaper of general circulation in the proposed
national heritage area and shall make the minutes of the meeting
available to the public.
(d) Approval of the Plan.--The Secretary may approve the management
plan for a proposed national heritage area only if the Secretary finds
that--
(1) the management plan satisfies the requirements of this
Act and, if implemented, would--
(A) adequately protect, conserve, or adaptively reuse
the significant historical, cultural, natural, and
recreational resources of the proposed national
heritage area; and
(B) consistent with such protection, provide outdoor
recreational opportunities and compatible economic
activities within the proposed national heritage area;
(2) the participating units of local government within the
boundaries of the proposed national heritage area have been
consulted and given adequate opportunity to comment on the
management plan;
(3) the local coordinating entity has afforded adequate
opportunity, including public hearings, for public and
governmental involvement in the preparation of the management
plan; and
(4) the Secretary has received from the chief executive
officer of each State acknowledgement that such officer is
aware of the proposed national heritage area.
(e) Approval and Disapproval of a Management Plan.--
(1) In general.--Not later than 90 days after receipt of a
management plan for a proposed national heritage area, the
Secretary shall approve or disapprove the management plan. If
the Secretary has not approved or disapproved the management
plan within that 90-day period, the management plan shall be
considered approved.
(2) Disapproval and revisions.--If the Secretary disapproves
a management plan for a proposed national heritage area, the
Secretary shall advise the entity that submitted the management
plan, in writing, of the reasons for the disapproval and shall
make recommendations for a revision of the management plan. Not
later than 90 days after receipt of a revised management plan,
the Secretary shall approve or disapprove the revised
management plan. If the Secretary has not approved or
disapproved the revised management plan within that 90-day
period, the revised management plan shall be considered
approved.
SEC. 7. GRANTS FOR PROPOSED NATIONAL HERITAGE AREAS.
(a) Authority To Make Grants.--The Secretary may make grants for
activities authorized by subsection (b).
(b) Use of Grants.--
(1) Authorized uses.--Grants under this section may be used
for activities necessary--
(A) to conduct a feasibility study for a proposed
national heritage area; and
(B) to prepare a management plan for a proposed
national heritage area, including the business plan
required under section 6(b)(4)(G).
(2) Prohibited uses of grants.--Grants under this section may
not be used for--
(A) the acquisition of real property or any interest
in real property; or
(B) any other activity not specifically authorized by
paragraph (1).
(c) Duration of Eligibility for Grants.--The Secretary may not
provide a grant under this section for a proposed national heritage
area for any period after the expiration of the 5-year period beginning
on the date of the enactment of the Act authorizing the feasibility
study for the proposed national heritage area.
SEC. 8. GRANTS TO SUPPORT DESIGNATED NATIONAL HERITAGE AREAS.
(a) Authority To Make Grants.--The Secretary may make grants from
appropriated funds to the local coordinating entity for a national
heritage area for activities authorized by subsection (b).
(b) Use of Grants.--
(1) Authorized Uses.--Grants under this section may be used
by a local coordinating entity for--
(A) reports, studies, interpretive exhibits and
programs, historic preservation projects, and other
activities recommended in the management plan for the
national heritage area; and
(B) operational expenses of the local coordinating
entity incurred within the first 10 fiscal years
beginning after the date of the enactment of the Act
designating the national heritage area.
(2) Prohibited uses of grants.--Grants under this section may
not be used for--
(A) the acquisition of real property or any interest
in real property; or
(B) any other activity not specifically authorized by
paragraph (1).
(c) Protection of Federal Investment.--The Secretary shall require
that each grant under this section for the improvement, restoration, or
rehabilitation of real property shall be subject to an agreement that
conversion, use, or disposal of the project assisted with the grant for
purposes contrary to the purposes for which the grant was made shall
result in a right of the United States to compensation from the
beneficiary of the grant. Any such agreement shall provide for a
schedule for such compensation based on the level of Federal investment
and the anticipated useful life of the project.
(d) Duration of Eligibility for Grants.--The Secretary may not
provide any grant under this section to a local coordinating entity for
any period after the expiration of the 10-year period beginning on the
date of the enactment of the Act designating the national heritage
area.
SEC. 9. TECHNICAL ASSISTANCE.
The Secretary may provide technical assistance on a nonreimbursable
basis--
(1) to any interested party for any activity for which the
Secretary is authorized to provide a grant under section 7; and
(2) to local coordinating entities for any activity for which
the Secretary is authorized to provide a grant under section 8.
SEC. 10. TERMINATION OF DESIGNATION.
(a) Notice of Determination.--The Secretary shall submit a written
notice to the local coordinating entity of a national heritage area so
designated after the date of the enactment of this Act if the Secretary
determines that--
(1) implementation of the management plan for the national
heritage area has failed to meet standards set forth in the
management plan; or
(2) a preponderance of the units of local government involved
in implementing the management plan for the national heritage
area no longer support such designation.
(b) Comment.--Not later than 60 days after the date that the
Secretary submits a written notice under subsection (a) to a local
coordinating entity, the local coordinating entity may submit to the
Secretary written comments supporting a contention that the
determination under section (a) was made in error.
(c) Termination.--After considering any comments submitted under
subsection (b), if the Secretary decides that the determination under
subsection (a) was correct, the Secretary shall no longer provide
financial assistance under this Act for that national heritage area.
SEC. 11. PRIVATE PROPERTY PROTECTION.
(a) Access to Private Property.--Nothing in this Act shall be
construed to require any private property owner to permit public access
(including Federal, State, or local government access) to such private
property. Nothing in this Act shall be construed to modify any
provision of Federal, State, or local law with regard to public access
to or use of private lands.
(b) Liability.--Designation of a national heritage area shall not be
considered to create any liability, or to have any effect on any
liability under any other law, of any private property owner with
respect to any persons injured on such private property.
(c) Recognition of Authority To Control Land Use.--Nothing in this
Act shall be construed to modify any authority of Federal, State, or
local governments to regulate land use.
(d) Participation of Private Property Owners in National Heritage
Areas.--Nothing in this Act shall be construed to require the owner of
any private property located within the boundaries of a national
heritage area to participate in or be associated with the national
heritage area.
SEC. 12. RELATIONSHIP TO OTHER FEDERAL PROGRAMS.
(a) Other Assistance Not Affected.--This Act does not affect the
authority of any Federal official to provide technical or financial
assistance under any other law.
(b) Notification of Other Federal Activities.--The head of each
Federal agency shall provide to the Secretary and the local
coordinating entity for a national heritage area, to the extent
practicable, advance notice of all activities which may have an impact
on the national heritage area.
SEC. 13. SAVINGS PROVISIONS.
(a) Rules, Regulations, Standards, and Permit Processes.--Except as
provided in section 12(b), nothing in this Act shall be construed to
impose any environmental, occupational, safety, or other rule,
regulation, standard, or permit process in a national heritage area
that is different from those that would be applicable if the national
heritage area had not been established.
(b) Water and Water Rights.--Nothing in this Act shall be construed
to authorize or imply the reservation or appropriation of water or
water rights.
(c) No Diminishment of State Authority.--Nothing in this Act shall be
construed to diminish the authority of the State containing any
national heritage area to manage fish and wildlife, including the
regulation of fishing and hunting within the national heritage area.
(d) Existing National Heritage Areas.--Nothing in this Act shall
affect any national heritage area so designated before the date of the
enactment of this Act.
SEC. 14. FUNDING.
(a) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated for
each fiscal year for grants and technical assistance for
activities under section 8--
(A) not more than $1,000,000 for any fiscal year for
each national heritage area to remain available until
expended; and
(B) not more than a total of $10,000,000 for each
national heritage area.
(2) Amounts for initial studies and plans.--In addition to
amounts authorized in paragraphs (1) and (3), there are
authorized to be appropriated for each fiscal year for grants
and technical assistance for activities under section 7--
(A) not more than $250,000 for any fiscal year for
each proposed national heritage area to remain
available until expended; and
(B) not more than a total of $1,500,000 for each
proposed national heritage area.
(3) Amounts for feasibility studies.--In addition to amounts
authorized in paragraphs (1) and (2), there is authorized to be
appropriated not more than $250,000 for each feasibility study
directed by Congress to be completed by the Secretary.
(b) Required Match.--As a condition of providing a grant under this
section, the Secretary shall require the recipient of the grant to
provide matching funds equal to the amount of the grant. Recipient
matching funds--
(1) must be from non-Federal sources; and
(2) may be made in the form of in-kind contributions of goods
or services fairly valued.
(c) Limit on Federal Oversight and Administrative Funds.--Not more
than five percent of the funds made available under each of subsections
(a)(1) and (a)(2) for a fiscal year may be used by the Secretary for
technical assistance, oversight, and administrative purposes.
(d) Prohibition on Use of Funds To Supplement National Park System.--
No funds authorized to be appropriated under this section other than
those authorized by subsection (c) may be used to supplement funding or
programs at any unit of the National Park System.
(e) Use of Federal Funds From Other Sources.--Nothing in this Act
shall preclude a local coordinating entity from using Federal funds
available under other Federal laws for the purposes for which those
funds were authorized.
(f) Allocation of Appropriations.--Notwithstanding any other
provision of law, no funds appropriated or otherwise made available to
the Secretary to carry out the purposes of this Act may be obligated or
expended--
(1) unless the appropriation of such funds has been allocated
in the manner prescribed by this Act; or
(2) in excess of the amount authorized in this Act.
purpose of the bill
The purpose of H.R. 2388 is to establish the criteria and
mechanism for the designation and support of national heritage
areas.
background and need for legislation
There are currently 23 Congressionally-designated national
heritage areas (NHA) and corridors in the United States--17 of
which have been designated since 1996. Today, criteria exists
for establishing units of the National Park System, the
National Trails System, and National Wild and Scenic River
System, yet no uniform standards or criteria exists for the
Secretary of the Interior to determine the feasibility for
designation, or even what makes an area ``nationally
important'' for NHA or corridor status. Meanwhile, to date over
18 bills have been introduced in 107th Congress to either
establish or authorize a feasibility study for 12 new NHAs and
corridors.
NHAs and corridors, a relatively new phenomenon, are not
units of the National Park System, but rather are regions in
which entire communities (i.e. residents, businesses and local
governments) have come togther to conserve special landscapes
and their own heritage that in many cases strengthen,
complement and support existing units of the National Park
System through the interpretation and conservation of
associated living landscapes outside the boundaries of those
units. In these NHAs and corridors, the National Park Service
does not acquire new land. Instead, conservation,
interpretation, and other activities are managed by
partnerships among federal, state and local governments, and
private, nonprofit organizations. The National Park Service
provides technical assistance to local coordinating entities
and financial assistance for a limited period. For each NHA and
corridor, a local government agency, nonprofit organization, or
independent federal commission has been recognized by Congress
to serve as the management entity that coordinates the
partners' actions. Designation as an NHA or corridor brings no
federal regulation of private property.
H.R. 2388 establishes uniform criteria and mechanisms for
designating new NHAs and corridors by defining the
circumstances under which a region or corridor warrants
designation, such as does the area or corridor contain
nationally important natural, historic, and cultural resources
and recreational and educational opportunities that are
geographically and thematically related. The bill further
establishes standards for managing and maintaining these areas,
outlines the extent of federal responsibilities and duties in
regard to future NHAs, encourages collaboration and
partnerships among State and local governments, nonprofit
organizations and the private sector to conserve and manage the
resources and opportunities of NHAs, and authorizes federal
financial and technical assistance to local coordinating
entities to assist in the conservation and interpretation of
NHAs and corridors.
Specifically, H.R. 2388 establishes a two-tier process that
first requires an Act of Congress to authorize the Secretary of
the Interior to complete a feasibility study or approve an
existing feasability study for a proposed NHA or corridor. It
also requires a management plan to be completed by the local
coordinating entity that outlines financial commitments for the
proposed area. A matching grant program would be established to
assist the local coordinating entity to complete these plans.
Within five years, the studies must be completed and approved
by the Secretary of the Interior. Then a second Act of Congress
would designate the area as a NHA or corridor. Upon
designation, the local coordinating entity would be eligible
for federal funds for a specific time period to develop
interpretive and historic preservation programs and other
recommended programs outlined by the management plan. H.R. 2388
makes it clear that nothing in the bill shall be construed to
require the owner of any private property located within the
boundaries of an NHA to participate in or be associated with an
NHA or corridor, or be construed to modify any authority of
federal, State, or local government to regulate land use.
committee action
H.R. 2388 was introduced on June 28, 2001, by Congressman
Joel Hefley (R-CO). The bill was referred to the Committee on
Resources, and within the Committee to the Subcommittee on
National Parks, Recreation, and Public Lands. On November 1,
2001, the Subcommittee held a hearing on the bill. On April 18,
2002, the Subcommittee met to mark up the bill. Mr. Hefley
offered an amendment in the nature of a substitute that made,
among others, the following changes to the original text: (1)
established a two tier matching grant program that would make
funds available to proposed areas for the development of their
management and financial plans and feasibility studies, and
then additional funding once an area is designated for
exhibits, programs, historic preservation, etc.; (2)
established criteria for consideration and designation of NHAs;
(3) clarified what a local management entity must have
completed before designation is possible; and (4) removed
existing designated NHAs from the requirements of the bill. It
was adopted by voice vote. The bill as amended was then ordered
favorably reported to the Full Committee by voice vote. On May
22, 2002, the Full Resources Committee met to consider the
bill. Mr. Hefley offered an amendment in the nature of a
substitute that established criteria for both the feasibility
study and management plan, and required that both the study and
management plan be completed and approved by the Secretary of
the Interior prior to establishing an NHA or corridor. The
amendment also ensured that State and local participation in
the development of the NHAs and established a five-year
matching grant program to local coordinating entities for the
development of their feasibility study and management plan, and
then a ten-year grant program for NHAs to carry-out their
preservation programs and management plan. Congressman Nick
Rahall (D-WV) offered an amendment to the Hefley amendment to
permit the use of federal funds to purchase real property or
interest in real property within NHAs. It was not adopted by a
roll call vote of 15 yeas to 22 noes, as follows:
Congressman Richard Pombo (R-CA) offered an en bloc
amendment to the Hefley amendment to inform and obtain written
consent from private property owners within a proposed NHA. It
was not adopted by a roll call vote of 19 yeas to 21 noes, as
follows:
Congressman Mark Udall (D-CO) offered an amendment to the
Hefley Amendment to insert at the end of the bill a new section
entitled ``Study on Cultural Heritage Assistance Partnership
Program.'' It was not agreed to by voice vote. The Hefley
amendment in the nature of a substitute was adopted by voice
vote. The bill as amended was then ordered favorably reported
to the House of Representatives by voice vote.
section-by-section analysis
Section 1. Short title; Table of Contents
Section 1 contains the short title of the bill, the
``National Heritage Areas Policy Act'', and the table of
contents.
Section 2. Purposes
Section 2 contains the purposes of the bill, which are,
among others, to: (1) establish the criteria and mechanisms for
designations of certain areas in the United States as NHAs; (2)
describe the extent of federal responsibilities, including its
financial and technical assistance, and duties with regard to
future NHAs, and (3) encourage collaboration and partnerships
among State and local governments, nonprofit organizations, and
the private sector, or combinations thereof, to conserve and
manage the resources and opportunities in NHAs.
Section 3. Definitions
Section 3 includes definitions for terms associated with
the bill.
Section 4. Recommendation of areas for designation as national heritage
areas
Section 4 establishes the requirement that the Secretary of
the Interior must approve both a feasibility study and
management plan prior to Congressional designation of an NHA.
Section 5. Requirements applicable to feasibility studies
Section 5 outlines the process and requirements for the
feasibility study for a proposed NHA and the approval/
disapproval process by the Secretary.
Section 6. Management plans
Section 6 outlines the process and requirements for a
management plan for a proposed NHA and the approval/disapproval
process by the Secretary.
Section 7. Grants for proposed national heritage areas
Section 7 outlines the authorized and prohibited uses of
grants for proposed NHAs.
Section 8. Grants to support designated national heritage areas
Section 8 outlines the appropriate and prohibited uses of
grants to support designated NHAs.
Section 9. Technical assistance
Section 9 contains the Secretarial authority to provide
technical assistance on a nonreimbursable basis to an
interested party for a proposed NHA and a local coordinating
entity for a designated NHA.
Section 10. Termination of designation
Section 10 outlines the process for the Secretary to
terminate a designated NHA and the process for appeal by a
local coordinating entity.
Section 11. Private property protection
Section 11 describes the protections for private property
within designated NHAs and the relationship of the bill to
State and local zoning laws.
Section 12. Relationship to other federal programs
Section 12 describes the relationship of the bill to other
laws.
Section 13. Savings provisions
Sections 13 describes the relationship of the bill to
existing NHAs, existing water rights, and State authority.
Section 14. Funding
Section 14 contains the authorization of appropriations--
not more than $10 million for grants and technical assistance
for each designated NHA and not more than $1.5 million for
grants and technical assistance for each proposed NHA. Also
contains matching requirements for grants and establishes a
maximum amount for the Secretary to administer the grant
program.
committee oversight findings and recommendations
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Resources' oversight findings and recommendations
are reflected in the body of this report.
constitutional authority statement
Article I, section 8 of the Constitution of the United
States grants Congress the authority to enact this bill.
compliance with house rule xiii
1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
3. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to establish the criteria and
mechanism for the designation and support of national heritage
areas.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, June 6, 2002.
Hon. James V. Hansen,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 3288, the National
Heritage Areas Policy Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Deborah Reis.
Sincerely,
Steven M. Lieberman
(For Dan L. Crippen, Director).
Enclosure.
H.R. 2388--National Heritage Areas Policy Act
H.R. 2388 would provide a framework for establishing new
national heritage areas (NHAs). NHAs are cultural or historical
areas managed locally in cooperation with the National Park
Service (NPS) but are not units of the National Park System.
CBO estimates that enacting H.R. 2388--by itself--would have no
effect on the federal budget because none of the activities
authorized by the bill could occur without further authorizing
legislation. The bill, however, would establish a new procedure
that could affect how many and how quickly new NHAs would be
established using future appropriate funds. It also would
authorize appropriations for the study of and potential
creation of future NHAs. H.R. 2388 would not affect direct
spending or receipts; therefore, pay-as-you-go procedures would
not apply.
H.R. 2388 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
H.R. 2388 would establish criteria and mechanisms for
assessing, planning, designating, and developing new national
heritage areas. For each proposed new NHA, Congressional action
would be required to authorize both the first step--a
feasibility study, and the final step--a formal NHA
designation.
Under the bill, once a feasibility study has been
authorized, the NPS would have five years to approve and submit
to the Congress both the study (conducted either by the NPS or
by an interested local entity) and a general management plan
(developed by a local coordinating entity), along with the
agency's recommendation regarding designation. For each
proposed NHA, section 14 of the bill would authorize the
appropriation of $250,000 per year (up to a total of $1.5
million) for technical assistance and grants to local groups
for preparing the feasibility study and management plan. (This
section also would authorize the appropriation of $250,000 for
each feasibility study conducted by the NPS itself.)
Once a formal designation of a new NHA has been enacted,
NPS would be authorized to provide technical and financial
assistance to a local coordinating entity over the following 10
years. This assistance would provide the local entity with
operating funds and would support activities to implement the
general management plan (including preparation of the necessary
studies and interpretive programs and restoration of historic
structures). For this purpose, the bill would authorize the
appropriation of $10 million over 10 years for each NHA.
Because the authority to appropriate funds provided in H.R.
2388 would depend on subsequent acts of Congress to authorize
feasibility studies and designate new NHAs, CBO estimates that
enacting this legislation alone would have no effect on the
federal budget.
The CBO staff contact for this estimate is Deborah Reis.
The estimate was reviewed by Peter H. Fontaine, Deputy
Assistant Director for Budget Analysis.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
PREEMPTION OF STATE, LOCAL OR TRIBAL LAW
This bill is not intended to preempt any State, local or
tribal law.
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes in existing
law.