54 U.S.C. § 120103 — National Heritage Area studies and designation
submitted 3 years ago by Pub. L. 117-339 to r/title-54-NATIONAL-PARK-SERVICE-AND-RELATED-PROGRAMS · 614 words · no verdicts yet
The Secretary may study proposed National Heritage Areas, or review studies prepared by others, if money is available. The study must address the area’s resources, stories, opportunities, support, proposed management, and boundaries. Only Congress may designate an area.
(a) Studies.—(1) In general.—Subject to available appropriations, the Secretary* may conduct or review a study of each proposed National Heritage Area* to decide whether it is suitable and feasible for designation. (2) Preparation.—(A) In general.—The Secretary may conduct the study after consulting State and local historic-preservation officers, historical societies, tourism offices, and other appropriate organizations and government agencies. Interested people or entities may conduct it if the Secretary certifies that it meets paragraph (3). (B) Certification.—Within 1 year after receiving a study prepared by interested people or entities, the Secretary must review it and certify whether it meets paragraph (3). (3) Requirements.—The study must analyze, document, and decide whether the proposed area (A) has natural, historic, and cultural resources that (i) show distinctive parts of United States heritage, (ii) deserve recognition, conservation, interpretation, and continued use, and (iii) would best be managed (I) through public-private partnerships and (II) by linking diverse, sometimes noncontiguous resources and active communities; (B) reflects traditions, customs, beliefs, and folklife that are valuable parts of the Nation’s story; (C) offers outstanding opportunities (i) to conserve natural, historic, cultural, or scenic features and (ii) for recreation and education; (D) has resources that (i) matter to the proposed area’s identified themes and (ii) retain enough integrity to support interpretation; (E) includes residents, businesses, nonprofit organizations, and State and local governments that (i) took part in planning, (ii) created a financial plan describing every participant’s role, including the Federal Government’s, and (iii) showed significant support for designation; (F) has a potential management entity that can work with those participants to develop the area while encouraging State and local economic activity; and (G) has a proposed boundary map supported by the public. (4) Report.—(A) For each study, the Secretary must report to the Senate Committee on Energy and Natural Resources and the House Committee on Natural Resources. The report must describe (i) correspondence showing support for or opposition to establishing the area, (ii) the study’s findings, and (iii) the Secretary’s conclusions and recommendations. (B) Timing.—(i) For a Secretary-conducted study, the report is due within 3 years after funds first become available for the study. (ii) For a study by interested parties, the report is due within 180 days after the Secretary certifies that the study meets paragraph (3). (b) Designation.—An area may become a National Heritage Area only through an Act of Congress.
Subject to the availability of appropriations, the Secretary* may carry out or review a study to assess the suitability and feasibility of each proposed National Heritage Area* for designation as a National Heritage Area.
A study under paragraph (1) may be carried out—
by the Secretary, in consultation with State and local historic preservation officers, State and local historical societies, State and local tourism offices, and other appropriate organizations and governmental agencies; or
by interested individuals or entities, if the Secretary certifies that the completed study meets the requirements of paragraph (3).
Not later than 1 year after receiving a study carried out by interested individuals or entities under subparagraph (A)(ii), the Secretary shall review and certify whether the study meets the requirements of paragraph (3).
A study under paragraph (1) shall include analysis, documentation, and determinations on whether the proposed National Heritage Area—
has an assemblage of natural, historic, and cultural resources that—
represent distinctive aspects of the heritage of the United States;
are worthy of recognition, conservation, interpretation, and continuing use; and
would be best managed—
through partnerships among public and private entities; and
by linking diverse and sometimes noncontiguous resources and active communities;
reflects traditions, customs, beliefs, and folklife that are a valuable part of the story of the United States;
provides outstanding opportunities—
to conserve natural, historic, cultural, or scenic features; and
for recreation and education;
contains resources that—
are important to any identified themes of the proposed National Heritage Area; and
retain a degree of integrity capable of supporting interpretation;
includes a diverse group of residents, business interests, nonprofit organizations, and State and local governments that—
are involved in the planning of the proposed National Heritage Area;
have developed a conceptual financial plan that outlines the roles of all participants in the proposed National Heritage Area, including the Federal Government; and
have demonstrated significant support for the designation of the proposed National Heritage Area;
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
has a conceptual boundary map that is supported by the public.
For each study carried out under paragraph (1), the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report that describes—
any correspondence received by the Secretary demonstrating support for, or opposition to, the establishment of the National Heritage Area;
the findings of the study; and
any conclusions and recommendations of 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.
With respect to a study carried out by interested individuals or entities in accordance with paragraph (2)(A)(ii), the Secretary shall submit a report under subparagraph (A) not later than 180 days after the date on which the Secretary certifies under paragraph (2)(B) that the study meets the requirements of paragraph (3).
An area shall be designated as a National Heritage Area only by an Act of Congress.
Source credit: (Added Pub. L. 117–339, § 2(a), Jan. 5, 2023, 136 Stat. 6159.)
- 2023Enacted · Pub. L. 117-339 · 136 Stat. 6159
A history note hasn’t been published yet. The record shows enactment by Pub. L. 117-339 on 2023-01-05.
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