[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1049 Referred in Senate (RFS)]

<DOC>
116th CONGRESS
  2d Session
                                H. R. 1049


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            December 7, 2020

   Received; read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 AN ACT


 
 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 2020''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. National Heritage Area System.
Sec. 4. National Heritage Area System management.
Sec. 5. Study areas.
Sec. 6. Local coordinating entities.
Sec. 7. Property owners and regulatory protections.
Sec. 8. Authorization of appropriations.
Sec. 9. Statutory Clarification.

SEC. 2. 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 reviewed and approved by 
        the Secretary, in accordance with the criteria and processes 
        required by section 5, to determine whether a study area meets 
        the criteria to be designated by Federal statute as a National 
        Heritage Area.
            (2) Indian tribe.--The term ``Indian Tribe'' means any 
        Indian or Alaska Native tribe, band, nation, pueblo, village, 
        or other community the name of which is included on the list 
        most recently published by the Secretary of the Interior 
        pursuant to section 104 of the Federally Recognized Indian 
        Tribe List Act of 1994 (25 U.S.C. 5131).
            (3) Local coordinating entity.--The term ``local 
        coordinating entity'' means the entity designated by Federal 
        statute to--
                    (A) carry out, in partnership with other 
                individuals and entities, the management plan for a 
                National Heritage Area; and
                    (B) operate a National Heritage Area, including 
                through the implementation of projects and programs 
                among diverse partners in a National Heritage Area.
            (4) Management plan.--The term ``management plan'' means 
        the management plan for a National Heritage Area required under 
        this Act.
            (5) National heritage area.--The term ``National Heritage 
        Area'' means--
                    (A) each National Heritage Area, National Heritage 
                Corridor, Natural Preservation Commission, National 
                Heritage Canalway, National Heritage Route, Heritage 
                Corridor, Cultural Heritage Corridor, Heritage 
                Partnership, and National Heritage Partnership, the 
                Shenandoah Valley Battlefields National Historic 
                District, or other area designated by Federal statute 
                with the explicit purpose of establishing a national 
                heritage area designated by Congress before or on the 
                date of enactment of this Act; and
                    (B) each National Heritage Area designated by 
                Federal statute after the date of 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.
            (6) National heritage area system.--The term ``National 
        Heritage Area System'' means the system of National Heritage 
        Areas established by this Act.
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (8) Study area.--The term ``study area'' means a specific 
        geographic area that is the subject of a feasibility study 
        under section 5.
            (9) Tribal government.--The term ``Tribal government'' 
        means the governing body of an Indian Tribe.

SEC. 3. 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 all National Heritage Areas.
    (c) Relationship to the National Park System.--
            (1) Relationship to national park units.--The Secretary 
        shall encourage 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.
            (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.

SEC. 4. NATIONAL HERITAGE AREA SYSTEM MANAGEMENT.

    (a) Management Plan.--
            (1) In general.--Not later than 3 years after a National 
        Heritage Area is included in the National Heritage Area System 
        outlined by this Act, the local coordinating entity of the 
        National Heritage Area shall submit to the Secretary for 
        approval a management plan for the National Heritage Area.
            (2) Requirements.--The management plan shall--
                    (A) incorporate an integrated and cooperative 
                approach for the protection, enhancement, and 
                interpretation of the natural, cultural, historic, 
                scenic, and recreational resources of the National 
                Heritage Area;
                    (B) be developed using a comprehensive planning 
                approach that includes--
                            (i) opportunities for stakeholders, 
                        including community members, local and regional 
                        governments, Tribal governments, businesses, 
                        nonprofit organizations, and other interested 
                        parties--
                                    (I) to be involved in the planning 
                                process; and
                                    (II) to review and comment on draft 
                                management plans; and
                            (ii) documentation of the planning and 
                        public participation processes, including a 
                        description of--
                                    (I) the means by which the 
                                management plan was prepared;
                                    (II) the stakeholders involved in 
                                the process; and
                                    (III) the timing and method of 
                                stakeholder involvement;
                    (C) include--
                            (i) an inventory of--
                                    (I) the resources located in the 
                                National Heritage Area; and
                                    (II) any other property in the 
                                National Heritage Area that--
                                            (aa) is related to the 
                                        themes of the National Heritage 
                                        Area; and
                                            (bb) should be preserved, 
                                        restored, managed, or 
                                        maintained because of the 
                                        significance of the property;
                            (ii) comprehensive policies, strategies and 
                        recommendations for the conservation, funding, 
                        management, and development of the National 
                        Heritage Area;
                            (iii) a description of actions that the 
                        Federal, Tribal, State, and local governments, 
                        private organizations, and individuals have 
                        agreed to take to protect the natural, 
                        historical, cultural, scenic, and recreational 
                        resources of the National Heritage Area;
                            (iv) a program of implementation for the 
                        management plan by the local coordinating 
                        entity that includes a description of--
                                    (I) actions to facilitate ongoing 
                                collaboration among partners to promote 
                                plans for resource protection, 
                                restoration, and construction; and
                                    (II) specific commitments for 
                                implementation that have been made by 
                                the local coordinating entity or any 
                                government, organization, or individual 
                                for the first 5 years of operation;
                            (v) the identification of sources of 
                        funding for carrying out the management plan;
                            (vi) analysis and recommendations for means 
                        by which Federal, Tribal, State, and local 
                        programs, including the role of the National 
                        Park Service in the National Heritage Area, may 
                        best be coordinated to carry out this 
                        subsection; and
                            (vii) an interpretive plan for the National 
                        Heritage Area; and
                    (D) recommend policies and strategies for resource 
                management that consider and detail the application of 
                appropriate land and water management techniques, 
                including the development of intergovernmental and 
                interagency cooperative agreements to protect the 
                natural, historical, cultural, educational, scenic, and 
                recreational resources of the National Heritage Area.
            (3) Exceptions.--The requirements in paragraph (2) shall 
        not apply to management plans in effect on the date of the 
        enactment of this Act.
    (b) Evaluations.--
            (1) In general.--Not later than 1 year before the 
        authorization for Federal funding expires for a National 
        Heritage Area, the Secretary shall--
                    (A) conduct an evaluation of the accomplishments of 
                that National Heritage Area; and
                    (B) prepare and submit a report detailing the 
                evaluation required by subparagraph (A) to--
                            (i) the Committee on Natural Resources of 
                        the House of Representatives; and
                            (ii) the Committee on Energy and Natural 
                        Resources of the Senate.
            (2) Evaluation components.--An evaluation prepared under 
        paragraph (1) shall--
                    (A) assess the progress of the local coordinating 
                entity with respect to--
                            (i) accomplishing the purposes of the 
                        authorizing legislation for the National 
                        Heritage Area; and
                            (ii) achieving the goals and objectives of 
                        the approved management plan for the National 
                        Heritage Area;
                    (B) analyze the Federal, Tribal, State, local, and 
                private investments in the National Heritage Area to 
                assess the impact of the investments; and
                    (C) review the management structure, partnership 
                relationships, and funding of the National Heritage 
                Area.
            (3) Results of evaluation.--Based upon the evaluation under 
        paragraph (1), the Secretary shall prepare a report with 
        recommendations for the National Park Service's continued role, 
        if any, with respect to the National Heritage Area. If the 
        report recommends that Federal funding for the National 
        Heritage Area be--
                    (A) continued, the report shall include an analysis 
                of--
                            (i) ways in which Federal funding for the 
                        National Heritage Area may be reduced or 
                        eliminated over time;
                            (ii) the appropriate time period necessary 
                        to achieve the recommended reduction or 
                        elimination; and
                            (iii) justification for the continued 
                        funding in light of other National Park Service 
                        core responsibilities and priorities; or
                    (B) eliminated, the report shall include a 
                description of potential impacts on conservation, 
                interpretation, and sustainability of the National 
                Heritage Area.
            (4) Updates; additional evaluations.--
                    (A) Updates.--The Secretary may satisfy the 
                requirement under paragraph (1) for a National Heritage 
                Area by updating an evaluation that was completed for 
                that National Heritage Area not more than 5 years 
                before another evaluation would otherwise be required 
                under paragraph (1).
                    (B) Additional evaluations.--The Secretary may 
                conduct additional evaluations as the Secretary deems 
                appropriate.
    (c) Coordination.--The head of any Federal agency planning to 
conduct activities that may have an impact on a designated National 
Heritage Area is encouraged to consult and coordinate these activities 
with the Secretary and the local coordinating entity to the maximum 
extent practicable.

SEC. 5. STUDY AREAS.

    (a) Feasibility Studies.--
            (1) In general.--The Secretary may carry out or certify a 
        study to assess the suitability and feasibility of designating 
        a specific geographic area as a National Heritage Area to be 
        included in the National Heritage Area System.
            (2) Preparation.--The feasibility study shall be carried 
        out--
                    (A) by the Secretary in consultation with Tribal, 
                State, and local historic preservation officers, State 
                and local historical societies, State and local tourism 
                offices, and other appropriate organizations and 
                governmental agencies; or
                    (B) by interested individuals or entities, if the 
                Secretary certifies that the completed study meets the 
                requirements of paragraph (4).
            (3) Certification.--Not later than 1 year after receiving a 
        study carried out by interested individuals or entities under 
        paragraph (2)(B) the Secretary shall review and certify whether 
        the study meets the requirements of paragraph (4).
            (4) Requirements.--A study under paragraph (1) shall 
        include analysis, documentation, and determination on whether 
        the study area--
                    (A) has an assemblage of natural, historic, and 
                cultural resources that--
                            (i) represent distinct aspects of the 
                        heritage of the United States;
                            (ii) are worthy of recognition, 
                        conservation, interpretation, and continuing 
                        use; and
                            (iii) would be best managed--
                                    (I) through partnerships among 
                                public and private entities; and
                                    (II) by linking diverse and 
                                sometimes noncontiguous resources;
                    (B) reflects traditions, customs, beliefs, and 
                folklife that are a valuable part of the story of the 
                United States;
                    (C) provides outstanding opportunities--
                            (i) to conserve natural, historic, 
                        cultural, or scenic features; and
                            (ii) for recreation and education;
                    (D) contains resources that--
                            (i) are important to any identified themes 
                        of the study area; and
                            (ii) retain a degree of integrity capable 
                        of supporting interpretation;
                    (E) includes Tribal governments, residents, 
                business interests, nonprofit organizations, and State 
                and local governments that--
                            (i) are involved in the planning of the 
                        study area;
                            (ii) have developed a conceptual financial 
                        plan that outlines the roles of all 
                        participants in the study area, including the 
                        Federal Government; and
                            (iii) have demonstrated support for the 
                        designation of the study area;
                    (F) has a potential local coordinating entity to 
                work in partnership with the individuals and entities 
                described in paragraph (1) to develop the study area 
                while encouraging State and local economic activity; 
                and
                    (G) has a conceptual boundary map that is supported 
                by the public.
    (b) Report.--
            (1) In general.--For each study carried out under 
        subsection (a), the Secretary shall submit to the Committee on 
        Natural Resources of the House of Representatives and the 
        Committee on Energy and Natural Resources of the Senate a 
        report that describes--
                    (A) the findings of the study described in 
                subsection (a) for that study area; and
                    (B) any conclusions and recommendations of the 
                Secretary.
            (2) Timing.--
                    (A) 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.
                    (B) 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).

SEC. 6. LOCAL COORDINATING ENTITIES.

    (a) Duties.--For any year that Federal funds have been made 
available under this Act for a National Heritage Area, the local 
coordinating entity for that National Heritage Area shall--
            (1) submit to the Secretary an annual report that describes 
        the activities, expenses, and income of the local coordinating 
        entity (including grants to any other entities during the year 
        that the report is made);
            (2) make available to the Secretary for audit all records 
        relating to the expenditure of Federal funds and any matching 
        funds; and
            (3) require, with respect to all agreements authorizing 
        expenditure of Federal funds by other organizations, that the 
        organizations receiving the funds make available to the 
        Secretary for audit all records concerning the expenditure of 
        the funds.
    (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 Indian Tribes, a State, a local 
        government, nonprofit organizations, and other parties within 
        the National Heritage Area;
            (2) enter into cooperative agreements with or provide 
        technical assistance to the Indian Tribes, State, a local 
        government, 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, including those 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 real property or any interest in real property.
    (d) Heritage Area Commissions.--
            (1) Section 804(j) of division B of H.R. 5666 (Appendix D) 
        as enacted into law by section 1(a)(4) of Public Law 106-554 
        (54 U.S.C. 320101 note; 114 Stat. 2763, 2763A- 295; 123 Stat. 
        1294; 128 Stat. 3802) is amended by striking ``shall 
        terminate'' and all that follows through the period and 
        inserting ``shall terminate on September 30, 2034.''.
            (2) Section 295D(d) of Public Law 109-338 (120 Stat. 1833; 
        130 Stat. 962) is amended by striking ``shall terminate'' and 
        all that follows through the period and inserting ``shall 
        terminate on September 30, 2034.''.

SEC. 7. 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, Tribal, State, or local government access) 
        to such property or to modify any provisions of Federal, 
        Tribal, State, 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, Tribal, or State, or local 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;
            (6) create any liability, or 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;
            (7) affect the authority of any Federal official to provide 
        technical or financial assistance under any other law;
            (8) 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; or
            (9) enlarge or diminish the treaty rights of any Indian 
        Tribe within the National Heritage Area.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--Notwithstanding any other provision of law, for 
each of fiscal years 2020 through 2034, there is authorized to be 
appropriated not more than $750,000 for each National Heritage Area.
    (b) Availability.--Amounts made available under subsection (a) 
shall remain available until expended.
    (c) Cost-sharing Requirement.--
            (1) Federal share.--Notwithstanding any other provision of 
        law, including any law designating a National Heritage Area, 
        the Federal share of the total cost of any activity funded with 
        appropriations authorized by subsection (a) shall not be more 
        than 50 percent.
            (2) Form of non-federal share.--The non-Federal share of 
        the total cost of any activity funded with appropriations 
        authorized by subsection (a) may be in the form of in-kind 
        contributions of goods or services fairly valued.
            (3) Exception.--Notwithstanding section 9(b), for each 
        National Heritage Area established before the date of the 
        enactment of this Act without a non-Federal cost share 
        requirement or with a non-Federal cost share requirement of 
        less than 50 percent--
                    (A) the non-Federal cost share requirement, or lack 
                thereof, shall remain at the previously enacted level 
                for 2 full fiscal years after the date of the enactment 
                of this Act; and
                    (B) after the period referred to in subparagraph 
                (A), the non-Federal cost share requirement shall 
                increase by 10 percent annually until the non-Federal 
                share is consistent with paragraph (1).
    (c) Authority to Provide Assistance.--Notwithstanding any other 
provision of law, the Secretary may provide assistance to a National 
Heritage Area during any fiscal year for which appropriations are 
authorized under subsection (a).

SEC. 9. STATUTORY CLARIFICATION.

    (a) Authorization Limitations.--Any provision of law enacted before 
the date of the enactment of this Act that provides for a termination, 
expiration, or other time limitation on the authorization for a 
National Heritage Area is hereby superceded and shall have no effect.
    (b) Funding Limitations.--Any provision of law enacted before the 
date of the enactment of this Act that provides for a termination, 
expiration, or other limitation on the time or amount of an 
authorization of appropriations for a National Heritage Area is hereby 
superceded and shall have no effect.
    (c) Evaluations.--Any provision of law enacted before the date of 
the enactment of this Act that requires the Secretary to conduct an 
evaluation of or submit a report on the accomplishments of a National 
Heritage Area is hereby superceded and shall have no effect.
    (d) Other Authorities.--Any provision of law enacted before the 
date of the enactment of this Act that provides for the establishment, 
management, administration, operation, or otherwise affects a National 
Heritage Area and is not explicitly otherwise provided for in this Act 
shall not be affected by this Act.

            Passed the House of Representatives December 3, 2020.

            Attest:

                                             CHERYL L. JOHNSON,

                                                                 Clerk.