[House Report 117-410]
[From the U.S. Government Publishing Office]


117th Congress}                                            { Report

  2d Session  }        HOUSE OF REPRESENTATIVES	           { 117-410  

======================================================================
 
            NATION'S OLDEST PORT NATIONAL HERITAGE AREA ACT

                                _______
                                

 July 14, 2022.--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

                        [To accompany H.R. 2107]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 2107) to establish the Nation's Oldest Port 
National Heritage Area in the State of Florida, 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.

  This Act may be cited as the ``Nation's Oldest Port National Heritage 
Area Act''.

SEC. 2. DEFINITIONS.

  In this Act:
          (1) National heritage area.--The term ``National Heritage 
        Area'' means the Nation's Oldest Port National Heritage Area 
        established by section 3(a).
          (2) Local coordinating entity.--The term ``local coordinating 
        entity'' means the local coordinating entity for the National 
        Heritage Area.
          (3) Management plan.--The term ``management plan'' means the 
        management plan for the National Heritage Area required under 
        section 5(a).
          (4) Map.--The term ``map'' means the map entitled ``Nation's 
        Oldest Port National Heritage Area Proposed Boundary Map'', 
        numbered 524/173745 and dated October 2020.
          (5) Secretary.--The term ``Secretary'' means the Secretary of 
        the Interior.
          (6) State.--The term ``State'' means the State of Florida.

SEC. 3. ESTABLISHMENT OF THE NATION'S OLDEST PORT NATIONAL HERITAGE 
                    AREA.

  (a) In General.--There is established the Nation's Oldest Port 
National Heritage Area in the State of Florida, to consist of natural 
watersheds in Nassau, Duval, St. Johns, and Flagler counties in the 
State, as generally depicted on the map.
  (b) Local Coordinating Entity.--The Nation's Oldest Port Heritage 
Area Alliance, Inc., shall serve as the local coordinating entity for 
the National Heritage Area.

SEC. 4. ADMINISTRATION.

  (a) Authorities.--For purposes of carrying out the management plan 
for the National Heritage Area, the Secretary acting through the local 
coordinating entity may use amounts made available under this Act--
          (1) to make grants to the State or a political subdivision of 
        the State, Indian Tribes, nonprofit organizations, and other 
        persons;
          (2) to enter into cooperative agreements with, or provide 
        technical assistance to, the State or a political subdivision 
        of the State, Indian Tribes, nonprofit organizations, and other 
        interested parties;
          (3) to hire and compensate staff, which shall include 
        individuals with expertise in natural, cultural, and historical 
        resources protection and heritage programming;
          (4) to obtain money or services from any source, including 
        any money or services that are provided under any other Federal 
        law or program, provided that any money specifically authorized 
        for National Heritage areas shall be subject to a 50 percent 
        cost-share requirement;
          (5) to contract for goods or services; and
          (6) to undertake or be a catalyst for any other activity that 
        furthers the purposes of the National Heritage Area and is 
        consistent with the approved management plan.
  (b) Duties.--The local coordinating entity for the National Heritage 
Area shall--
          (1) in accordance with section 5, prepare and submit a 
        management plan for the National Heritage Area to the 
        Secretary;
          (2) assist Federal agencies, the State or a political 
        subdivision of the State, Indian Tribes, regional planning 
        organizations, nonprofit organizations, and other interested 
        parties in carrying out the approved management plan by--
                  (A) carrying out programs and projects that 
                recognize, protect, and enhance important resource 
                values in the National Heritage Area;
                  (B) establishing and maintaining interpretive 
                exhibits and programs in the National Heritage Area;
                  (C) developing recreational, interpretive, and 
                educational opportunities in the National Heritage 
                Area;
                  (D) increasing public awareness of, and appreciation 
                for, natural, historical, scenic, and cultural 
                resources of the National Heritage Area;
                  (E) protecting and restoring historic sites and 
                buildings in the National Heritage Area that are 
                consistent with the themes of the National Heritage 
                Area;
                  (F) ensuring that clear, consistent, and appropriate 
                signs identifying points of public access and sites of 
                interest are posted throughout the National Heritage 
                Area; and
                  (G) promoting a wide range of partnerships among the 
                Federal Government, State, Tribal, and local 
                governments, organizations, and individuals to further 
                the purposes of the National Heritage Area;
          (3) consider the interests of diverse units of government, 
        businesses, organizations, and individuals in the National 
        Heritage Area in the preparation and implementation of the 
        management plan;
          (4) conduct meetings open to the public not less frequently 
        than semiannually regarding the development and implementation 
        of the management plan; and
          (5) for any year that Federal funds have been received under 
        this Act--
                  (A) 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);
                  (B) make available to the Secretary for audit all 
                records relating to the expenditure of the funds and 
                any matching funds; and
                  (C) encourage by appropriate means economic viability 
                that is consistent with the National Heritage Area.
  (c) Prohibition on the Acquisition of Real Property.--The local 
coordinating entity shall not use Federal funds to acquire real 
property or any interest in real property.

SEC. 5. MANAGEMENT PLAN.

  (a) In General.--Not later than 3 years after the date of enactment 
of this Act, the local coordinating entity of the National Heritage 
Area shall submit to the Secretary for approval a proposed management 
plan for the National Heritage Area.
  (b) Requirements.--The management plan shall--
          (1) 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;
          (2) take into consideration Federal, State, local, and Tribal 
        plans and treaty rights;
          (3) include--
                  (A) an inventory of--
                          (i) the resources located in the National 
                        Heritage Area; and
                          (ii) any other property in the National 
                        Heritage Area that--
                                  (I) is related to the themes of the 
                                National Heritage Area; and
                                  (II) should be preserved, restored, 
                                managed, or maintained because of the 
                                significance of the property;
                  (B) comprehensive policies, strategies, and 
                recommendations for the conservation, funding, 
                management, and development of the National Heritage 
                Area;
                  (C) a description of activities that the Federal 
                Government, State, Tribal, and local governments, 
                private organizations, and individuals have agreed to 
                carry out to protect the natural, historical, cultural, 
                scenic, and recreational resources of the National 
                Heritage Area;
                  (D) 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 unit of government, organization, 
                        or individual for the first 5 years of 
                        operation;
                  (E) the identification of sources of funding for 
                carrying out the management plan;
                  (F) analysis and recommendations for means by which 
                Federal, State, local, and Tribal programs, including 
                the role of the National Park Service in the National 
                Heritage Area, may best be coordinated to carry out 
                this Act; and
                  (G) an interpretive plan for the National Heritage 
                Area; and
          (4) 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.
  (c) Deadline.--If a proposed management plan is not submitted to the 
Secretary by the date that is 3 years after the date of enactment of 
this Act, the local coordinating entity shall be ineligible to receive 
additional funding under this Act until the date on which the Secretary 
approves the management plan.
  (d) Approval or Disapproval of Management Plan.--
          (1) In general.--Not later than 180 days after the date of 
        receipt of the management plan required under this section, the 
        Secretary, in consultation with State and Tribal governments, 
        shall approve or disapprove the management plan.
          (2) Criteria for approval.--In determining whether to approve 
        the management plan, the Secretary shall consider whether--
                  (A) the local coordinating entity is representative 
                of the diverse interests of the National Heritage Area, 
                including Federal, State, Tribal, and local 
                governments, natural and historic resource protection 
                organizations, educational institutions, businesses, 
                and recreational organizations;
                  (B) the local coordinating entity has afforded 
                adequate opportunity, including public hearings, for 
                public and governmental involvement in the preparation 
                of the management plan; and
                  (C) the resource protection and interpretation 
                strategies contained in the management plan, if 
                implemented, would adequately protect the natural, 
                historical, and cultural resources of the National 
                Heritage Area.
          (3) Action following disapproval.--If the Secretary 
        disapproves the management plan under paragraph (1), the 
        Secretary shall--
                  (A) advise the local coordinating entity in writing 
                of the reasons for the disapproval;
                  (B) make recommendations for revisions to the 
                management plan; and
                  (C) not later than 180 days after the receipt of any 
                proposed revision of the management plan from the local 
                coordinating entity, approve or disapprove the proposed 
                revision.
          (4) Amendments.--
                  (A) In general.--The Secretary shall approve or 
                disapprove each amendment of the management plan that 
                the Secretary determines make a substantial change to 
                the management plan.
                  (B) Use of funds.--The local coordinating entity 
                shall not use Federal funds to carry out any amendment 
                to the management plan until the Secretary has approved 
                the amendment.

SEC. 6. RELATIONSHIP TO OTHER FEDERAL AGENCIES.

  (a) In General.--Nothing in this Act affects the authority of a 
Federal agency to provide technical or financial assistance under any 
other law.
  (b) Consultation and Coordination.--The head of any Federal agency 
planning to conduct activities that may have an impact on the National 
Heritage Area is encouraged to consult and coordinate the activities 
with the Secretary and the local coordinating entity to the maximum 
extent practicable.
  (c) Other Federal Agencies.--Nothing in this Act--
          (1) modifies, alters, or amends any law or regulations 
        authorizing a Federal agency to manage Federal land under the 
        jurisdiction of the Federal agency;
          (2) limits the discretion of a Federal land manager to 
        implement an approved land use plan within the boundaries of 
        the National Heritage Area; or
          (3) modifies, alters, or amends any authorized use of Federal 
        land under the jurisdiction of a Federal agency.

SEC. 7. PRIVATE PROPERTY AND REGULATORY PROTECTIONS.

  Nothing in this Act--
          (1) abridges 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) requires any property owner--
                  (A) to permit public access (including access by 
                Federal, State, or local agencies) to the property of 
                the property owner; or
                  (B) to modify public access or use of property of the 
                property owner under any other Federal, State, or local 
                law;
          (3) alters any duly adopted land use regulation, approved 
        land use plan, or other regulatory authority of any Federal, 
        State, Tribal, or local agency;
          (4) conveys any land use or other regulatory authority to the 
        local coordinating entity;
          (5) authorizes or implies the reservation or appropriation of 
        water or water rights;
          (6) enlarges or diminishes the treaty rights of any Indian 
        Tribe within the National Heritage Area;
          (7) diminishes--
                  (A) the authority of the State to manage fish and 
                wildlife, including the regulation of fishing and 
                hunting, within the National Heritage Area; or
                  (B) the authority of Indian Tribes to regulate 
                members of Indian Tribes with respect to fishing, 
                hunting, and gathering in the exercise of treaty 
                rights; or
          (8) creates any liability, or affects any liability under any 
        other law, of any private property owner with respect to any 
        person injured on the private property.

SEC. 8. EVALUATION AND REPORT.

  (a) In General.--For the National Heritage Area, not later than 3 
years before the date specified under section 9, the Secretary shall--
          (1) conduct an evaluation of the accomplishments of the 
        National Heritage Area; and
          (2) prepare a report in accordance with subsection (c).
  (b) Evaluation.--An evaluation conducted under subsection (a)(1) 
shall--
          (1) assess the progress of the local coordinating entity with 
        respect to--
                  (A) accomplishing the purposes of the National 
                Heritage Area; and
                  (B) achieving the goals and objectives of the 
                approved management plan for the National Heritage 
                Area;
          (2) analyze the investments of the Federal Government, State, 
        Tribal, and local governments, and private entities in the 
        National Heritage Area to determine the 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) Report.--Based on the evaluation conducted under subsection 
(a)(1), the Secretary shall submit to the Committee on Energy and 
Natural Resources of the Senate and the Committee on Natural Resources 
of the House of Representatives a report that includes recommendations 
for the future role of the National Park Service, if any, with respect 
to the National Heritage Area.

SEC. 9. TERMINATION OF AUTHORITY.

  The authority of the Secretary to provide assistance under this Act 
terminates on the date that is 15 years after the date of enactment of 
this Act.

                          PURPOSE OF THE BILL

    The purpose of H.R. 2107 is to establish the Nation's 
Oldest Port National Heritage Area in the State of Florida.

                  BACKGROUND AND NEED FOR LEGISLATION

    H.R. 2107 would establish the Nation's Oldest Port National 
Heritage Area in the State of Florida, including natural 
watersheds in Nassau, Duval, St. Johns, and Flagler counties. 
The bill stipulates that the Nation's Oldest Port Heritage Area 
Alliance, Inc., a nonprofit organization, shall serve as the 
coordinating entity for the heritage area. The area contains 
the Nation's Oldest Port, a series of interconnected waterways 
that include the St. Mary's River, the St. Johns River, 
Tolomato and Matanzas Rivers, Pellicer Creek watershed, and 
numerous diverse and spectacular historic, cultural, natural, 
scenic, and recreational resources, including the designated 
national treasures of Timucuan Ecological and Historical 
Preserve, Guana Tolomato Matanzas National Estuarine Research 
Reserve, the Castillo de San Marcos National Monument, and Fort 
Matanzas National Monument.

                            COMMITTEE ACTION

    H.R. 2107 was introduced on March 19, 2021, by 
Representative John H. Rutherford (R-FL). 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 June 15, 2021, the Subcommittee held a hearing 
on the bill. On October 13, 2021, the Natural Resources 
Committee met to consider the bill. The Subcommittee was 
discharged by unanimous consent. Chair Raul M. Grijalva (D-AZ) 
offered an amendment in the nature of a substitute. Ranking 
Member Bruce Westerman (R-AR) offered an amendment designated 
Westerman #1 to the amendment in the nature of a substitute. 
The amendment was agreed to by unanimous consent. The Grijalva 
amendment in the nature of a substitute, as amended, was agreed 
to by unanimous consent. The bill, as amended, was adopted and 
ordered favorably reported to the House of Representatives by 
unanimous consent.

                                HEARINGS

    For the purposes of clause 3(c)(6) of House rule XIII, the 
following hearing was used to develop or consider this measure: 
hearing by the Subcommittee on National Parks, Forests, and 
Public Lands held on June 15, 2021.

            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, January 31, 2022.
Hon. Raul Grijalva,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimates for the following bills:
           H.R. 1286, the Southern Campaign of the 
        Revolution National Heritage Corridor Act of 2021;
           H.R. 2024, the Southern Maryland National 
        Heritage Area Act;
           H.R. 2107, the Nation's Oldest Port National 
        Heritage Area Act; and
           H.R. 3222, the Alabama Black Belt National 
        Heritage Area Act.
    If you wish further details on those estimates, we will be 
pleased to provide them. The CBO staff contact is Madeleine 
Fox.
            Sincerely,
                                         Phillip L. Swagel,
                                                          Director.
    Enclosure.

    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
    

    On October 13, 2021, the House Committee on Natural 
Resources ordered reported the following bills:
           H.R. 1286, the Southern Campaign of the 
        Revolution National Heritage Corridor Act of 2021, 
        would establish a national heritage corridor in North 
        Carolina and South Carolina. The bill also would 
        designate the University of South Carolina as the local 
        coordinating entity and would require the university to 
        submit a management plan for the area to the National 
        Park Service (NPS) for approval.
           H.R. 2024, the Southern Maryland National 
        Heritage Area Act, would establish a national heritage 
        area in St. Mary's, Calvert, Charles, and Prince 
        George's counties in Maryland. The bill also would 
        designate the Tri-County Council for Southern Maryland 
        as the local coordinating entity and would require the 
        council to submit a management plan for the area to the 
        NPS for approval.
           H.R. 2107, the Nation's Oldest Port National 
        Heritage Area Act, would establish a national heritage 
        area consisting of the watersheds in Nassau, Duval, St. 
        Johns, and Flagler counties in Florida. The bill also 
        would designate the Nation's Oldest Port Alliance, 
        Inc., as the local coordinating entity and would 
        require the group to submit a management plan for the 
        area to the NPS for approval.
           H.R. 3222, the Alabama Black Belt National 
        Heritage Area Act, would establish a national heritage 
        area in various counties in Alabama. The bill also 
        would designate the Center for the Study of the Black 
        Belt at the University of West Alabama as the local 
        coordinating entity and would require the center to 
        submit a management plan for the area to the NPS for 
        approval.
    The NPS provides technical and financial assistance to 
national heritage areas through the Heritage Partnership 
Program. According to the NPS, under that program the agency 
typically awards about $150,00 annually to newly established 
national heritage areas. On that basis, CBO estimates that the 
cost of implementing each bill would total about $1 million 
over the 2022-2026 period; such spending would be subject to 
the availability of appropriated funds.
    The CBO staff contact for these estimates is Madeleine Fox. 
The estimates were 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 establish the Nation's Oldest 
Port National Heritage Area in the State of Florida.

                           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, this bill contains no unfunded mandates 
as defined by the Unfunded Mandates Reform Act.

                           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.

        SUPPLEMENTAL, MINORITY, ADDITIONAL, OR DISSENTING VIEWS

    None.

                                  [all]