[House Report 116-601]
[From the U.S. Government Publishing Office]
116th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 116-601
======================================================================
NATIONAL HERITAGE AREA ACT OF 2020
_______
November 19, 2020.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Grijalva, from the Committee on Natural Resources, submitted the
following
R E P O R T
together with
ADDITIONAL VIEWS
[To accompany H.R. 1049]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 1049) to authorize a National Heritage Area
Program, and for other purposes, having considered the same,
reports favorably thereon with an amendment and recommends 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
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.
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.
(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.
PURPOSE OF THE BILL
The purpose of H.R. 1049 is to authorize a National
Heritage Area Program, and for other purposes.
BACKGROUND AND NEED FOR LEGISLATION
In 1984, Congress passed and President Ronald Reagan signed
into law the first National Heritage Area (NHA), the Illinois
and Michigan Canal National Heritage Area.\1\ In President
Reagan's dedication speech, he referred to NHAs as ``a new kind
of national park'' that seeks to bring together the goals of
heritage conservation, recreation, and economic development.\2\
Since then, Congress has established 54 additional NHAs across
38 states to promote tourism and protect important natural,
historical, cultural, scenic, and recreational resources.
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\1\Illinois and Michigan Canal National Heritage Corridor Act of
1984, Pub. L. No. 98-398, 98 Stat. 1456 (1984), https://
uscode.house.gov/statviewer.htm?volume=98&page=1456 (codified at 54
U.S.C. Sec. 320,101 note).
\2\National Heritage Areas, U.S. Nat'l Park Serv., https://
www.nps.gov/subjects/heritageareas/index.htm (last updated Mar. 15,
2019).
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The NHA program is administered by the National Park
Service (NPS), which partners with each NHA's managing entity
to provide technical assistance and distribute matching federal
funds. NHAs are one of the Department of the Interior's most
cost-effective initiatives, leveraging an average of $5.50 in
public and private funding for every federal dollar. NHAs also
provide significant economic returns to local economies through
cultural and heritage tourism and investment.
Each NHA unit preserves a unique component of the
quintessentially American experiences that represent the
history of our nation. From the Crossroads of the American
Revolution in New Jersey to the Great Basin in Nevada, from our
national aviation heritage to the historic Ohio and Erie
canals, NHAs preserve nationally significant history,
resources, and landscapes across the country. They tell the
stories that make up the tapestry of American life, connecting
communities through a sense of history and place. They are
unique and exceptional tools for historic and natural
protection that allow NPS to support interpretation of
resources beyond the boundaries of traditional park units.
NHA designations do not authorize the federal government to
acquire any additional land, and property owners have no
obligation to participate in planning, projects, programs, or
other activities conducted within NHAs. In addition, property
owners are not required to provide public access to their
lands.
Currently, there is no single system for NHA designations,
and this ad hoc practice of designating, managing, evaluating,
and reauthorizing NHAs has been a longstanding point of concern
for opponents of NHAs as well as the NPS. As each NHA has a
unique enabling statute, with disparate standards and
authorizations, NPS has called on Congress to standardize the
process through programmatic legislation since 2005.
H.R. 1049 addresses these concerns by establishing a clear
and consistent statutory framework for studying, designating,
evaluating, and funding NHAs while increasing opportunities for
congressional oversight. The bill brings the 55 existing NHAs
into one cohesive system that allows Congress to determine the
health and appropriate funding levels of the program as a
whole, rather than as 55 different NHAs, and clearly defines
the roles and responsibilities of the NPS and local
coordinating entities in the management of NHAs. This new
framework ensures long-term sustainability of the system while
enhancing the ability of NHAs to preserve resources and spur
local economic growth.
While there is continued congressional debate about the
ongoing obligation of the federal government in the support of
NHAs, H.R. 1049 is an effort to ensure that all future NHA
management and evaluation is consistent and accountable.
The bill, as reported, clarifies that the new NHA system
supersedes existing sunsets and caps for existing NHAs, and
that funding for the system as a whole will expire after 20
years. The reported text also removes extraneous language
covered under preexisting authorities and obligations and
updates the standard language outlining feasibility studies,
management plans, and evaluations in order to bring the
legislation into conformance with recently enacted laws.
Ultimately, the reported text retains the core purpose of the
bill and would create a unified NHA system and establish
standard procedures for management and funding, while making
important changes for the sake of clarity and consistency.
COMMITTEE ACTION
H.R. 1049 was introduced on February 7, 2019, by
Representative Paul Tonko (D-NY). The bill was referred solely
to the Committee on Natural Resources, and within the Committee
to the Subcommittee on National Parks, Forests, and Public
Lands. On April 30, 2019, the Subcommittee held a hearing on
the bill. On January 29, 2020, the Natural Resources Committee
met to consider the bill. The Subcommittee was discharged by
unanimous consent. Representative Tonko offered an amendment in
the nature of a substitute. Ranking Member Rob Bishop (R-UT)
offered amendments designated Bishop #1 and Bishop #3 en bloc
to the amendment in the nature of a substitute by unanimous
consent. The en bloc amendments were agreed to by voice vote.
Ranking Member Bishop offered an amendment designated Bishop #2
to the amendment in the nature of a substitute. The amendment
was withdrawn. The amendment in the nature of a substitute
offered by Representative Tonko, as amended, was agreed to by
voice vote. The bill, as amended, was adopted and ordered
favorably reported to the House of Representatives by voice
vote.
HEARINGS
For the purposes of section 103(i) of H. Res. 6 of the
116th Congress--the following hearing was used to develop or
consider H.R. 1049: legislative hearing by the Subcommittee on
National Parks, Forests, and Public Lands held on April 30,
2019.
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 Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
COMPLIANCE WITH HOUSE RULE XIII AND
CONGRESSIONAL BUDGET ACT
1. Cost of Legislation and the Congressional Budget Act.
With respect to the requirements of clause 3(c)(2) and (3) of
rule XIII of the Rules of the House of Representatives and
sections 308(a) and 402 of the Congressional Budget Act of
1974, the Committee has received the following estimate for the
bill from the Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, July 1, 2020.
Hon. Raul M. Grijalva,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 1049, the National
Heritage Area Act of 2020.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is David Hughes.
Sincerely,
Phillip L. Swagel,
Director.
Enclosure.
H.R. 1049 would authorize appropriations from 2020 through
2034 for the National Park Service (NPS) to provide financial
and technical assistance to National Heritage Areas (NHAs),
which are nonfederal entities designed to commemorate and
conserve natural, historic, and cultural resources. In 2020,
the NPS allocated $21 million to support NHAs.
According to the NPS, 54 NHAs are eligible to receive
federal funds and the bill would authorize up to $750,000 for
each area, or about $41 million each year. Because it would
take future legislation to change the number of NHAs, CBO's
estimate is based on the current number of 54. Assuming
appropriation of those amounts, CBO estimates that implementing
H.R. 1049 would cost $167 million over the 2020-2025 period.
The costs of the legislation, detailed in Table 1, fall within
budget function 300 (natural resources and the environment).
H.R. 1049 would impose private-sector mandates as defined
in the Unfunded Mandates Reform Act (UMRA) on the local
coordinating entity of each NHA. Such entities are designated
by law to oversee their respective area.
TABLE 1.--ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER H.R. 1049
----------------------------------------------------------------------------------------------------------------
By fiscal year, millions of dollars--
----------------------------------------------------------------------
2020 2021 2022 2023 2024 2025 2020-2025
----------------------------------------------------------------------------------------------------------------
Authorizationa........................... 20 41 41 41 41 41 222
Estimated Outlays........................ * 20 32 36 38 40 167
----------------------------------------------------------------------------------------------------------------
Components may not sum to totals because of rounding; * = between zero and $500,000.
aH.R. 1049 would authorize the appropriation of $41 million in 2020 for National Heritage Areas. In 2020, the
National Park Service (NPS) allocated $21 million for those purposes. Therefore, CBO estimates that the bill
would authorize the appropriation of $20 million in 2020--the difference between what the bill would authorize
($41 million) and what the NPS has allocated ($21 million).
The bill would require those local coordinating entities to
submit a management plan for their heritage area to the
Secretary of the Interior, submit annual financial reports, and
make information available for auditing. The bill also would
authorize annual payments of $750,000 to each NHA through 2034.
Because the mandate would affect a small number of entities and
many already meet some or all of these duties, CBO estimates
the cost of the mandate would not exceed the private-sector
threshold established in UMRA ($168 million in 2020, adjusted
annually for inflation).
H.R. 1049 contains no intergovernmental mandates as defined
in UMRA.
The CBO staff contacts for this estimate are David Hughes
(for federal costs) and Andrew Laughlin (for mandates). The
estimate was reviewed by H. Samuel Papenfuss, Deputy Director
of Budget Analysis.
2. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goals and
objectives of this bill are to authorize a National Heritage
Area Program.
EARMARK STATEMENT
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
UNFUNDED MANDATES REFORM ACT STATEMENT
According to CBO, H.R. 1049 would impose private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
on the local coordinating entity of each NHA. CBO estimates the
cost of the mandate would not exceed the private-sector
threshold established in UMRA ($168 million in 2020, adjusted
annually for inflation). According to CBO, the bill contains no
intergovernmental mandates as defined in UMRA. CBO's full
analysis is reproduced above.
EXISTING PROGRAMS
This bill does not establish or reauthorize a program of
the federal government known to be duplicative of another
program.
APPLICABILITY TO LEGISLATIVE BRANCH
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
PREEMPTION OF STATE, LOCAL, OR TRIBAL LAW
Any preemptive effect of this bill over state, local, or
tribal law is intended to be consistent with the bill's
purposes and text and the Supremacy Clause of Article VI of the
U.S. Constitution.
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes to existing
law.
ADDITIONAL VIEWS
H.R. 1049, as amended, formally establishes a system for
National Heritage Areas (NHA) with criteria for approval and
funding and authorizes appropriations of up to $750,000 per NHA
per fiscal year for 15 years.
The first NHA was created in 1984; there are now 55 NHAs
across the country.\1\ The first NHA, the Illinois and Michigan
Canal NHA, was signed into law by President Ronald Reagan. In
his dedication speech, Reagan referred to NHAs as ``a new kind
of national park'' that married heritage conservation,
recreation, and economic development.\2\ NHAs were generally
provided a 10- to 15-year authorization, with a maximum total
appropriation of up to $10 million. Over time, however, the
length of authorization and the federal dollar cap have been
raised for individual NHAs, usually through appropriation
acts.\3\
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\1\Visit NHAs Online, National Parks Service (2019), https://
www.nps.gov/subjects/heritageareas/visit_nhas_online.htm (last visited
Apr 22, 2019).
\2\Id. at 1.
\3\See section 120 of Title I, Division F of Public Law 113-235;
section 116 of Title I of Division G of Public Law 114-113; and section
115 of Title I of Division G of Public Law 115-31.
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Originally, NHAs were intended to receive federal ``seed
money'' and progress to a point where federal appropriations
would no longer be required. In fact, in 1994, during a debate
for additional NHAs on the House floor, then National Parks
Subcommittee Chairman Bruce Vento (D-MN) claimed, ``the amount
of support is limited . . . and there is a limit to the length
of time or the amount of money the Federal Government can be in
a heritage area. In 10 years, we are out of there. Then they
are on their own and we all get the benefit of that
conservation.''\4\ Despite this assurance, not a single NHA has
left the embrace of federal funding and all NHAs dating back to
1984 continue to request support.\5\ In recent years, both the
Obama and Trump Administrations have supported reducing
appropriations to NHAs and have urged Congress to return to the
original concept of NHAs by promoting self-sufficiency.\6\\7\
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\4\103 CONG REC. H10869 (1994).
\5\Barry T. Hill, National Park Service: A More Systematic Process
for Establishing National Heritage Areas and Actions to Improve Their
Accountability Are Needed National Park Service: A More Systematic
Process for Establishing National Heritage Areas and Actions to Improve
Their Accountability Are Needed 11 (2004).
\6\The United States Department of the Interior Budget
Justifications and Performance Information Fiscal Year 2016 National
Park Service, The United States Department of the Interior Budget
Justifications and Performance Information Fiscal Year 2020 National
Park Service Overview-40.
\7\The United States Department of the Interior Budget
Justifications and Performance Information Fiscal Year 2020 National
Park Service, The United States Department of the Interior Budget
Justifications and Performance Information Fiscal Year 2020 National
Park Service NR&P-40.
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At the markup, two Republican amendments were adopted
unanimously that improved the bill. First, an amendment was
adopted that clarified that any ``National Historic District''
made part of the new NHA system is restricted to solely the
Shenandoah Valley Battlefields National Historic District.
Second, an amendment was adopted that reduced the length of
authorization for appropriations from 20 years to 15 years and
reinstated and expanded a portion of the evaluation section
from the introduced bill that was removed by the Majority's
amendment in the nature of the substitute. This provision
requires that the National Park Service prepare a report, in
conjunction with a NHA's evaluation, making recommendations for
the National Park Service's continued role, if any, with
respect to the National Heritage Area and justified continued
federal funding in light of other National Park Service
priorities and its core mission. While these amendments
improved this bill, there is still no guarantee that NHAs will
ever become self-sufficient. With the National Park Service's
deferred maintenance needs hovering near $12 billion, we should
be seeking ways to help the National Park Service fulfill its
core responsibilities.
Rob Bishop.