[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1049 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. R. 1049
To authorize a National Heritage Area Program, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 7, 2019
Mr. Tonko (for himself, Mr. McKinley, Mr. Allen, Mr. Bishop of Georgia,
Mr. Bost, Mr. Brendan F. Boyle of Pennsylvania, Mr. Cartwright, Mr.
Casten of Illinois, Mr. Cisneros, Ms. Clarke of New York, Mr. Cleaver,
Mr. Collins of New York, Mr. Connolly, Mr. Courtney, Ms. Dean, Mrs.
Dingell, Mr. Michael F. Doyle of Pennsylvania, Mr. Fitzpatrick, Mr.
Gallego, Mr. Garamendi, Mr. Higgins of New York, Mr. Himes, Mr.
Huffman, Mr. Johnson of Georgia, Mr. Kelly of Pennsylvania, Mr. Kildee,
Mr. Kilmer, Mr. Krishnamoorthi, Mr. LaHood, Mrs. Lawrence, Ms. Lee of
California, Mr. Lipinski, Mr. Loebsack, Mr. Lujan, Mr. Sean Patrick
Maloney of New York, Mr. McNerney, Mr. Meuser, Mr. Mitchell, Mr.
Moulton, Mr. Nadler, Mrs. Napolitano, Mr. Neal, Mr. Neguse, Ms. Norton,
Mr. Pascrell, Mr. Raskin, Mr. Richmond, Mr. Ryan, Mr. Sarbanes, Mr.
Soto, Mr. Thompson of Mississippi, Mr. Thompson of Pennsylvania, Mrs.
Trahan, Mr. Turner, Mr. Upton, Ms. Wild, and Mr. Hastings) introduced
the following bill; which was referred to the Committee on Natural
Resources
_______________________________________________________________________
A BILL
To authorize a National Heritage Area Program, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``National Heritage
Area Act of 2019''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Definitions.
Sec. 4. National Heritage Area System.
Sec. 5. Feasibility studies.
Sec. 6. Management plan.
Sec. 7. Designation.
Sec. 8. Evaluation.
Sec. 9. Local coordinating entities.
Sec. 10. Relationship to other Federal agencies.
Sec. 11. Property owners and regulatory protections.
Sec. 12. Funding.
Sec. 13. Sunset.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds the following:
(1) Certain areas of the United States tell nationally
significant stories; they illustrate significant aspects of our
heritage; possess exceptional natural, cultural, scenic, and
historic resources; and represent the diversity of our national
character.
(2) In these areas, the interaction of natural processes,
geography, history, cultural traditions, and economic and
social forces form distinctive landscapes that should be
recognized, conserved, enhanced, and interpreted to improve the
quality of life in the regions and to provide opportunities for
public appreciation, education, enjoyment, and economic
sustainability.
(3) Local initiatives based on community and regional
visions, involving public/private partnerships, are critical to
conserving, enhancing, and interpreting natural, historic,
scenic, and cultural resources related to our American
heritage. These initiatives should be encouraged and supported
by the Federal Government with the concurrence of the relevant
Federal land management agencies and tribal governments by
providing financial and technical assistance.
(4) Partnerships among Federal, State, tribal, and local
governments, nonprofit organizations, the private sector, and
citizens provide the most viable framework to recognize,
conserve, enhance, and interpret the resources of places that
have made important contributions to the national story.
(5) Communities and regions need assistance to set resource
stewardship and interpretive goals, and to implement strategies
for resource conservation and renewed economic viability in
these areas.
(6) A unified national process as well as certain standards
for designation of National Heritage Areas need to be
established to provide a consistent framework. The process
should include a system for approval of heritage area
management plans.
(7) National Heritage Areas located near or encompassing
units of the National Park System provide an additional basis
for public enjoyment of parks and park-related resources, and
it is appropriate for these parks to participate in, assist
with, and benefit from local heritage initiatives that conserve
and interpret resources over a larger area beyond the park's
boundaries.
(8) It is in the national interest, and will benefit future
generations, to establish a system of National Heritage Areas
to encourage natural and cultural resource conservation,
interpretation, enhancement, and economic sustainability, and
for full public understanding and appreciation of the many
resources, places, events, and peoples that have contributed to
the rich heritage of this Nation.
(b) Purposes.--The purposes of this Act are to--
(1) establish a system of regional and community-based
National Heritage Areas to conserve, enhance, and interpret
natural, historic, scenic, and cultural resources that together
tell nationally significant stories representing our country's
heritage;
(2) promote public understanding, appreciation and
enjoyment of the many places, events, and people that have
contributed to our diverse national story;
(3) promote innovative and partnership-driven management
strategies that recognize regional values, to encourage locally
tailored resource stewardship and interpretation, to develop
economically viable and innovative approaches to community
conservation, and to provide for the effective leveraging of
Federal funds with State, local, tribal, and private funding
sources;
(4) provide unified national standards and processes for
conducting feasibility studies, designating National Heritage
Areas, and approving heritage area management plans;
(5) provide appropriate linkages among units of the
National Park System, and communities, governments, and
organizations within National Heritage Areas to conserve,
enhance, and interpret resources outside of park boundaries;
and
(6) authorize the Secretary of the Interior to provide
financial and technical assistance to local coordinating
entities that act as a catalyst for diverse regions,
communities, organizations, and citizens to undertake projects
and programs for resource stewardship and interpretation.
SEC. 3. DEFINITIONS.
In this Act:
(1) Feasibility study.--The term ``feasibility study''
means a study conducted by the Secretary of the Interior, or
conducted by one or more other interested parties and reviewed
by the Secretary, in accordance with the criteria and processes
outlined in this Act, to determine whether an area meets the
criteria to be designated as a National Heritage Area by
Congress.
(2) Local coordinating entity.--The term ``local
coordinating entity'' means the entity designated by Congress
to undertake, in partnership with others, the management plan
and to act as a catalyst for implementation projects and
programs among diverse partners in a National Heritage Area.
(3) Management plan.--The term ``management plan'' means
the plan prepared by the local coordinating entity for a
National Heritage Area that specifies actions, policies,
strategies, performance goals, and recommendations taken to
meet the goals of the heritage area as specified in this Act.
(4) National heritage area.--The term ``National Heritage
Area'' means a region designated by Congress that tells
nationally significant stories representing our American
heritage.
(5) Proposed national heritage area.--The term ``proposed
National Heritage Area'' is an area or corridor under study by
the Secretary of the Interior or other parties for potential
designation by Congress as a National Heritage Area.
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(7) National heritage area system.--The term ``National
Heritage Area System'' means the system of National Heritage
Areas established by this Act.
(8) Tribal government.--The term ``tribal government''
means the governing body of an Indian tribe, band, nation, or
other organized group or community of Indians that is
recognized by the Secretary as having a government-to-
government relationship with the United States and is eligible
for the special programs and services provided by the United
States to Indians because of their status as Indians, as
evidenced by inclusion of the tribe on the list of recognized
tribes published by the Secretary under the Federally
Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a).
SEC. 4. NATIONAL HERITAGE AREA SYSTEM.
(a) In General.--In order to recognize certain areas of the United
States that tell nationally significant stories and to conserve,
enhance, and interpret the areas' natural, historic, scenic, and
cultural resources that together illustrate significant aspects of our
country's heritage, there is established a National Heritage Area
System through which the Secretary may provide technical and financial
assistance to local coordinating entities to support the establishment,
development, and continuity of National Heritage Areas.
(b) National Heritage Area System.--The National Heritage Area
System shall be composed of the following:
(1) National Heritage Areas designated under this Act.
(2) National Heritage Areas designated after the date of
the enactment of this Act, unless the law designating the area
exempts that area from the National Heritage Area System by
specific reference to this Act.
(3) The following:
(A) Illinois and Michigan Canal National Heritage
Corridor.
(B) John H. Chafee Blackstone River Valley National
Heritage Corridor.
(C) Delaware and Lehigh National Heritage Corridor.
(D) Southwestern Pennsylvania Heritage Preservation
Commission (Path of Progress).
(E) Cane River National Heritage Area.
(F) Last Green Valley National Heritage Corridor.
(G) America's Agricultural Heritage Partnership
(Silos and Smokestacks).
(H) Augusta Canal National Heritage Area.
(I) Essex National Heritage Area.
(J) Hudson River Valley National Heritage Area.
(K) National Coal Heritage Area.
(L) Ohio & Erie Canal National Heritage Canalway.
(M) Rivers of Steel National Heritage Area.
(N) Shenandoah Valley Battlefields National
Historic District.
(O) South Carolina National Heritage Corridor.
(P) Tennessee Civil War Heritage Area.
(Q) MotorCities National Heritage Area.
(R) Lackawanna Valley National Heritage Area.
(S) Schuylkill River Valley National Heritage Area.
(T) Wheeling National Heritage Area.
(U) Yuma Crossing National Heritage Area.
(V) Erie Canalway National Heritage Corridor.
(W) Blue Ridge National Heritage Area.
(X) Mississippi Gulf Coast National Heritage Area.
(Y) National Aviation Heritage Area.
(Z) Oil Region National Heritage Area.
(AA) Arabia Mountain National Heritage Area.
(BB) Atchafalaya National Heritage Area.
(CC) Champlain Valley National Heritage
Partnership.
(DD) Crossroads of the American Revolution National
Heritage Area.
(EE) Freedom's Frontier National Heritage Area.
(FF) Great Basin National Heritage Route.
(GG) Gullah/Geechee Heritage Corridor.
(HH) Mormon Pioneer National Heritage Area.
(II) Northern Rio Grande National Heritage Area.
(JJ) Upper Housatonic Valley National Heritage
Area.
(KK) Abraham Lincoln National Heritage Area.
(LL) Journey Through Hallowed Ground National
Heritage Area.
(MM) Niagara Falls National Heritage Area.
(NN) Baltimore National Heritage Area.
(OO) Cache La Poudre River National Heritage Area.
(PP) Freedom's Way National Heritage Area.
(QQ) Kenai Mountains-Turnagain Arm National
Heritage Area.
(RR) Mississippi Delta National Heritage Area.
(SS) Mississippi Hills National Heritage Area.
(TT) Muscle Shoals National Heritage Area.
(UU) Northern Plains National Heritage Area.
(VV) Sangre de Cristo National Heritage Area.
(WW) South Park National Heritage Area.
(XX) Any other National Heritage Area designated
before the date of the enactment of this Act.
(c) Relationship to the National Park System.--
(1) Relationship to national park units.--The Secretary
shall--
(A) ensure, to the maximum extent practicable,
participation and assistance by any unit of the
National Park System located near or encompassed by any
National Heritage Area in local initiatives for that
National Heritage Area that conserve and interpret
resources consistent with an approved management plan
for the National Heritage Area; and
(B) work with National Heritage Areas to promote
public enjoyment of units of the National Park System
and park-related resources.
(2) Applicability of laws.--National Heritage Areas shall
not be--
(A) considered to be units of the National Park
System; or
(B) subject to the authorities applicable to units
of the National Park System.
(d) Duties.--Under the National Heritage Area System, the Secretary
shall--
(1) undertake studies as directed by Congress through
legislation to assess the feasibility of designating proposed
National Heritage Areas or review and comment on studies
undertaken by other parties for this purpose as provided in
this Act;
(2) review and approve or disapprove the management plan
for a National Heritage Area as provided in this Act;
(3) submit to the Committee on Natural Resources of the
House of Representatives and the Committee on Energy and
Natural Resources of the United States Senate reports
describing the activities conducted with respect to National
Heritage Areas in accordance with this Act; and
(4) conduct an evaluation of the accomplishments and
prepare a report with recommendations for the National Park
Service's future role with respect to each designated National
Heritage Area as provided in this Act.
(e) Authorities.--In carrying out this Act, the Secretary may--
(1) provide technical and financial assistance in
accordance with the provisions of section 10, and the amounts
authorized under section 12, on a reimbursable or
nonreimbursable basis as determined by the Secretary in the
development and implementation of management plans and for
administrative functions for designated National Heritage
Areas;
(2) enter into cooperative agreements with other Federal
agencies, State, tribal and local governments, local
coordinating entities, and other interested parties to carry
out the purposes of this Act;
(3) provide information, promote understanding, and
encourage research on National Heritage Areas in partnership
with local coordinating entities; and
(4) provide national oversight, analysis, coordination,
technical and financial assistance, and support to ensure
consistency and accountability of the National Heritage Area
System.
SEC. 5. FEASIBILITY STUDIES.
The Secretary, in undertaking a feasibility study, or reviewing a
feasibility study conducted by others, shall apply the following
criteria to determine the suitability and feasibility of designating a
proposed National Heritage Area:
(1) The proposed area is worthy of designation as a
National Heritage Area because--
(A) the area includes natural, historic, cultural,
or scenic resources that are associated with nationally
significant themes and events and these resources--
(i) combine to form a distinct and cohesive
landscape; and
(ii) retain sufficient integrity to support
the themes and events associated with the
area's national significance; and
(B) the area provides opportunities to conserve
natural, historic, cultural, or scenic resource through
local and regional partnerships.
(2) A conceptual boundary for the proposed area is
developed based upon community input and the resources and
themes that support the area's national significance.
(3) Residents, business interests, nonprofit organizations,
and governments, including Federal land management agencies and
tribal governments within the proposed area, have been involved
in the feasibility study process and have demonstrated
significant support through letters and other means for
National Heritage Area designation.
(4) A local coordinating entity has been selected to
operate the proposed heritage area's activities and the
organization is supported by residents, business interests,
nonprofit organizations, and governments within the proposed
area.
(5) The recommendations put forth in the feasibility study
are consistent with continued economic activity within the
area.
SEC. 6. MANAGEMENT PLAN.
(a) In General.--Except as provided in subparagraph (b), a
management plan for any National Heritage Area shall--
(1) use a comprehensive planning approach that includes--
(A) opportunities for stakeholders, such as
community members, local and regional governments,
tribes, businesses, nonprofit organizations, and
others, to be involved in the planning process;
(B) opportunities for stakeholders to review and
comment on the draft plan; and
(C) documentation of the planning and public
participation processes used to develop the plan,
including how it was prepared, who was involved in the
process, and how and when the stakeholders were
involved;
(2) include an inventory of the natural, historic,
cultural, or scenic resources of the National Heritage Area
related to the nationally significant themes and events of the
region that should be protected, enhanced, interpreted,
managed, or developed;
(3) identify comprehensive goals, strategies, policies, and
recommendations for telling the story of the region's heritage
and encouraging long-term resource protection, enhancement,
interpretation, and development;
(4) include recommendations for ways in which local, State,
tribal, and Federal entities may best be coordinated, including
the role of the National Park Service and other Federal
agencies associated with the National Heritage Area, to further
the purposes of this Act;
(5) outline a strategy for the local coordinating entity to
achieve financial sustainability;
(6) include an implementation program that identifies--
(A) prioritized actions and criteria for selecting
future projects;
(B) the ways in which stakeholders will be involved
in their implementation;
(C) existing and potential sources of funding;
(D) performance goals; and
(E) the manner in which the plan will be evaluated
and updated; and
(7) include a business plan for the local coordinating
entity that, at minimum, addresses management and operation,
products or services offered, the target market for products
and services, and revenue streams.
(b) Exceptions.--The requirements in subsection (b) shall not apply
to management plans in effect on the date of the enactment of this Act.
SEC. 7. DESIGNATION.
(a) In General.--The designation of a National Heritage Area shall
be--
(1) by Federal statute; and
(2) contingent on the prior completion of a management plan
and an affirmative determination by the Secretary that the area
meets the criteria required under this Act.
(b) Component of the National Heritage Area System.--Any National
Heritage Area designated under subsection (a) shall be a component of
the National Heritage Area System.
SEC. 8. EVALUATION.
(a) In General.--Not later than every 10 years after the date on
which a National Heritage Area is designated, the Secretary shall--
(1) conduct an evaluation of the accomplishments of that
National Heritage Area; and
(2) prepare a report with recommendations for the National
Park Service's continued role with respect to that National
Heritage Area.
(b) Evaluation Components.--An evaluation prepared under subsection
(a) shall--
(1) assess the progress of the local coordinating entity
with respect to--
(A) accomplishing the purposes of the authorizing
legislation for the National Heritage Area; and
(B) achieving the goals and objectives of the
approved management plan for the National Heritage
Area;
(2) analyze the Federal, State, local, and private
investments in the National Heritage Area to determine the
leverage and impact of the investments; and
(3) review the management structure, partnership
relationships, and funding of the National Heritage Area for
purposes of identifying the critical components for
sustainability of the National Heritage Area.
(c) Recommendations.--Based upon the evaluation under subsection
(a), the Secretary shall prepare a report with recommendations for the
National Park Service's continued role with respect to the National
Heritage Area. If the report recommends that Federal funding for the
National Heritage Area be--
(1) continued, the report shall include an analysis of--
(A) ways in which Federal funding for the National
Heritage Area may be reduced or eliminated over time;
and
(B) the appropriate time period necessary to
achieve the recommended reduction or elimination; and
(2) eliminated, the report to Congress shall include a
description of potential impacts on conservation,
interpretation, and sustainability of the partnership.
(d) Submission to Congress.--On completion of a report under
subsection (c), the Secretary shall submit the report to--
(1) the Committee on Energy and Natural Resources of the
Senate; and
(2) the Committee on Natural Resources of the House of
Representatives.
SEC. 9. LOCAL COORDINATING ENTITIES.
(a) Duties.--To further the purposes of the National Heritage Area,
the local coordinating entity shall--
(1) prepare and submit a management plan for the National
Heritage Area to the Secretary in accordance with section 7;
(2) submit an annual report to the Secretary for any fiscal
year in which it receives Federal funds under this Act, setting
forth its specific performance goals and accomplishments,
expenses and income, amounts and sources of matching funds as
appropriate, the amounts leveraged with Federal funds and
sources of such leveraging, and grants made to any other
entities during the year for which the report is made;
(3) make available for audit for any fiscal year in which
it receives Federal funds under this Act, all information
pertaining to the expenditure of such funds and any matching
funds; and
(4) encourage by appropriate means economic viability and
sustainability that is consistent with the purposes of the
National Heritage Area.
(b) Authorities.--The local coordinating entity may, subject to the
prior approval of the Secretary, for the purposes of preparing and
implementing the approved management plan for the National Heritage
Area, use Federal funds made available through this Act to--
(1) make grants to political jurisdictions, nonprofit
organizations, and other parties within the National Heritage
Area;
(2) enter into cooperative agreements with or provide
technical assistance to political jurisdictions, nonprofit
organizations, Federal agencies, and other interested parties;
(3) hire and compensate staff, which may include
individuals with expertise in natural, cultural, and historic
resources conservation; economic and community development; and
heritage planning;
(4) obtain money or services from any source including any
that are provided under other Federal laws or programs;
(5) contract for goods or services; and
(6) support activities of partners and any other activities
that further the purposes of the National Heritage Area and are
consistent with the approved management plan.
(c) Prohibitions on the Acquisition of Real Property.--The local
coordinating entity may not use Federal funds received under this Act
to acquire any interest in real property.
SEC. 10. RELATIONSHIP TO OTHER FEDERAL AGENCIES.
(a) Provision of Assistance.--This Act shall not affect the
authority of any Federal official to provide technical or financial
assistance under any other law.
(b) Coordination.--The head of any Federal agency planning to
conduct activities that may have an impact on a designated National
Heritage Area shall consult and coordinate these activities with the
Secretary and the local coordinating entity.
(c) Other Laws and Regulations.--This Act shall not modify any law
or regulation authorizing Federal officials to manage Federal land
under their control or limit the discretion of Federal land managers to
implement approved land use plans within the boundaries of a National
Heritage Area, nor shall this Act be construed to modify, alter, or
amend any authorized uses of these Federal lands.
SEC. 11. PROPERTY OWNERS AND REGULATORY PROTECTIONS.
Nothing in this Act shall be construed to--
(1) abridge the rights of any property owner, whether
public or private, including the right to refrain from
participating in any plan, project, program, or activity
conducted within the National Heritage Area;
(2) require any property owner to permit public access
(including Federal, State, tribal, or local government access)
to such property or to modify any provisions of Federal, State,
tribal, or local law with regard to public access or use of
private lands;
(3) alter any duly adopted land use regulation or any
approved land use plan or any other regulatory authority of any
Federal, State, or local agency or tribal government, or to
convey any land use or other regulatory authority to any local
coordinating entity;
(4) authorize or imply the reservation or appropriation of
water or water rights;
(5) diminish the authority of the State to manage fish and
wildlife including the regulation of fishing and hunting within
the National Heritage Area; or
(6) 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.
SEC. 12. FUNDING.
(a) Federal Funds.--
(1) In general.--There are authorized to be appropriated to
carry out the activities under section 9 not more than $700,000
for any fiscal year for each National Heritage Area.
(2) Feasibility studies; management plans.--In addition to
amounts authorized in paragraph (1), there are authorized to be
appropriated to the Secretary--
(A) not more than $300,000 for any fiscal year, to
conduct feasibility studies by the National Park
Service in accordance with the provisions of section 5,
with not more than $100,000 allocated in the fiscal
year for any one feasibility study for a proposed
National Heritage Area; and
(B) not more than $750,000 for any fiscal year, to
conduct management plans by the National Park Service
in accordance with the provisions of section 6, with
not more than $250,000 allocated in the fiscal year for
any one management plan for a proposed National
Heritage Area.
(3) Grants.--Funding provided under paragraph (2) shall be
in the form of grants approved by the National Park Service and
provided to the local coordinating entity conducting the
feasibility study or management plan.
(b) Matching Funds.--
(1) Amount.--As a condition of providing financial
assistance under this section to a local coordinating entity,
the Secretary shall require the entity to provide matching
funds equal to--
(A) the amount of the Federal funds received by
that National Heritage Area for any fiscal year under
subsection (a)(1);
(B) 25 percent of the amount of the Federal funds
received by that National Heritage Area for feasibility
studies under subsection (a); and
(C) 50 percent of the amount of the Federal funds
received by that National Heritage Area for a
management plan under subsection (a).
(2) Source; form.--The local coordinating entity's matching
funds required under paragraph (1) shall be--
(A) from non-Federal sources; or
(B) made in the form of in-kind contributions of
goods or services fairly valued.
SEC. 13. SUNSET.
The National Heritage Area System shall expire on the date that is
20 years after the date of the enactment of this Act.
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