[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1316 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 1316
To authorize a National Heritage Area Program, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 24, 2021
Mr. Tonko (for himself and Mr. McKinley) introduced the following bill;
which was referred to the Committee on Natural Resources
_______________________________________________________________________
A BILL
To authorize a National Heritage Area Program, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``National Heritage
Area Act of 2021''.
(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 2022 through 2037, 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).
(d) 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.
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