I 

116TH CONGRESS 

1ST SESSION H. R. 1147 

To establish the Appalachian Forest National Heritage Area, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 11, 2019 

Mr. MCKINLEY (for himself, Mr. MOONEY of West Virginia, Mrs. MILLER, 

and Mr. TRONE) introduced the following bill; which was referred to the 

Committee on Natural Resources 

A BILL 

To establish the Appalachian Forest National Heritage Area, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Appalachian Forest 

5 National Heritage Area Act of 2019’’. 

6 SEC. 2. FINDINGS; PURPOSES. 

7 (a) FINDINGS.—Congress finds that— 

8 (1) the Heritage Area— 


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1 (A) is comprised of 18 counties that are lo2 cated in West Virginia and western Maryland; 

3 and 

4 (B) taken as a whole— 

5 (i) possesses exceptional cultural, nat6 ural, and historical resources that form a 

7 cohesive and nationally distinctive land8 scape; 

9 (ii) demonstrates landscapes that 

10 arose from patterns of human activity that 

11 were shaped by the geography of the for12 ested central Appalachian Mountains; and 

13 (iii) reflects both modern and histor14 ical uses by citizens who continue to affect, 

15 and be affected by, the landscape of the 

16 forest; 

17 (2) there is a national interest in conserving, 

18 restoring, promoting, and interpreting the benefits 

19 of the Heritage Area for— 

20 (A) the residents of the Heritage Area; 

21 and 

22 (B) visitors to the Heritage Area; 

23 (3) nationally significant historical and cultural 

24 resources located in the Heritage Area form a 

25 unique aspect of the heritage of the United States; 


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1 (4) with respect to the economic development of 

2 the United States— 

3 (A) the timber harvesting activities in the 

4 region helped fuel late 19th century and early 

5 20th century industrial growth throughout the 

6 United States; and 

7 (B) prominent industrialists of the region 

8 were also active in the national economy; 

9 (5) workers who participated in the timber 

10 boom of the region brought a blending of cultures of 

11 European and African-American immigrants; 

12 (6) the growth of each community located in 

13 the region was impacted by the forested central Ap14 palachian Mountains; 

15 (7) the rich culture of central Appalachia— 

16 (A) includes folklife, music, dance, crafts, 

17 and other culturally rich traditions; and 

18 (B) is inextricably tied to the forest land 

19 of the region; 

20 (8) significant historical and cultural sites and 

21 resources located in the Heritage Area include— 

22 (A) historic sites from the logging era (in23 cluding the intact logging company town that is 

24 located at the Cass Scenic Railroad State 

25 Park); 


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1 (B) historic sites that evidence conserva2 tion efforts (including structures constructed by 

3 the Civilian Conservation Corps); 

4 (C) 5 national historic landmarks; and 

5 (D) segments of 4 National Scenic Byways 

6 and 1 All-American Road; 

7 (9) nationally significant natural and physical 

8 resources in the Heritage Area include spectacular 

9 natural, scenic, and recreational resources, featuring 

10 the core of the central hardwood forest of the United 

11 States, which— 

12 (A) as a result of sound forest manage13 ment and conservation of public land, grew 

14 from the original cutting of the forest; and 

15 (B) includes— 

16 (i) the remnants of old growth forests; 

17 (ii) protected wilderness areas; 

18 (iii) 14 national natural landmarks; 

19 (iv) Federal and State forest lands 

20 that were created to foster the regrowth of 

21 the forests of the United States, including 

22 the Monongahela National Forest, and 7 

23 State forests; 


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1 (v) experimental forests that dem2 onstrate the evolution of forestry manage3 ment; 

4 (vi) forests managed by public and 

5 private entities; and 

6 (vii) a dynamic forest industry com7 prised of mills that demonstrate the ongo8 ing importance of the forest land and for9 est products to the region; 

10 (10) local public and private partnerships that 

11 are based on the visions of the community and re12 gion are working together to promote the steward13 ship, enhancement, and interpretation of the re14 sources of the Heritage Area; 

15 (11) to promote the goals described in para16 graph (10), local residents, organizations, and gov17 ernments support the establishment of a national 

18 heritage area; and 

19 (12) involvement by the Federal Government 

20 would enhance the efforts to promote the cultural, 

21 natural, historical, and recreational resources of the 

22 region that have been made by— 

23 (A) the States of West Virginia and Mary24 land; 


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1 (B) political subdivisions of the States of 

2 West Virginia and Maryland; 

3 (C) volunteer organizations; and 

4 (D) private businesses. 

5 (b) PURPOSES.—The purposes of this Act are— 

6 (1) to provide a cooperative management frame7 work to the States of West Virginia and Maryland, 

8 the political subdivisions of those States, and the 

9 citizens of those States to conserve, enhance, and in10 terpret the significant features of the forest, land, 

11 water, and structures of the Heritage Area; and 

12 (2) to foster a close working relationship with 

13 all levels of government, the private sector, and the 

14 local communities of the region to enable those com15 munities— 

16 (A) to conserve the heritage of those com17 munities; and 

18 (B) to continue to pursue economic oppor19 tunities for those communities. 

20 SEC. 3. DEFINITIONS. 

21 In this Act: 

22 (1) HERITAGE AREA.—The term ‘‘Heritage 

23 Area’’ means the Appalachian Forest National Her24 itage Area established by section 4(a). 


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1 (2) LOCAL COORDINATING ENTITY.—The term 

2 ‘‘local coordinating entity’’ means the management 

3 entity for the Heritage Area as specified in section 

4 4(d)(1). 

5 (3) MANAGEMENT PLAN.—The term ‘‘manage6 ment plan’’ means the management plan for the 

7 Heritage Area developed under section 5(a). 

8 (4) MAP.—The term ‘‘map’’ means the map en9 titled ‘‘Appalachian Forest National Heritage Area’’, 

10 numbered T07/80,000, and dated October 2007. 

11 (5) SECRETARY.—The term ‘‘Secretary’’ means 

12 the Secretary of the Interior. 

13 (6) STATE.—The term ‘‘State’’ means each of 

14 the States of— 

15 (A) Maryland; and 

16 (B) West Virginia. 

17 SEC. 4. APPALACHIAN FOREST NATIONAL HERITAGE AREA. 

18 (a) ESTABLISHMENT.—There is established the Ap19 palachian Forest National Heritage Area. 

20 (b) BOUNDARIES.—The Heritage Area shall in21 clude— 

22 (1) the Barbour, Braxton, Grant, Greenbrier, 

23 Hampshire, Hardy, Mineral, Morgan, Nicholas, Pen24 dleton, Pocahontas, Preston, Randolph, Tucker, 


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1 Upshur, and Webster Counties of the State of West 

2 Virginia; and 

3 (2) the Allegany and Garrett Counties of the 

4 State of Maryland. 

5 (c) AVAILABILITY OF MAP.—A map of the Heritage 

6 Area shall be on file and available for public inspection 

7 in the appropriate offices of— 

8 (1) the National Park Service; and 

9 (2) the local coordinating entity. 

10 (d) LOCAL COORDINATING ENTITY.—The Appa11 lachian Forest Heritage Area, Inc., shall— 

12 (1) serve as the local coordinating entity for the 

13 Heritage Area; 

14 (2) oversee the development of a management 

15 plan under section 5(a); and 

16 (3) be governed by a board of directors from a 

17 geographic balance across the included counties and 

18 States and which shall— 

19 (A) be composed of no fewer than 7 and 

20 no more than 15 members elected by the mem21 bership; 

22 (B) be selected to represent a balanced 

23 group of diverse interests, including— 

24 (i) forest industry; 

25 (ii) environmental; 


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1 (iii) cultural heritage; 

2 (iv) tourism; and 

3 (v) regional agency partners; 

4 (C) exercise all corporate powers of the 

5 local coordinating entity; 

6 (D) manage the activities and affairs of 

7 the local coordinating entity; and 

8 (E) subject to any limitations in the arti9 cles and bylaws of the local coordinating entity, 

10 this section, and any other applicable Federal 

11 or State law, establish the policies of the local 

12 coordinating entity. 

13 SEC. 5. MANAGEMENT PLAN. 

14 (a) IN GENERAL.—Not later than 3 years after the 

15 date on which funds are first made available to carry out 

16 this Act, the local coordinating entity shall develop and 

17 submit to the Secretary for approval a management plan 

18 for the Heritage Area. 

19 (b) REQUIREMENTS.—The management plan shall— 

20 (1) present comprehensive policies, goals, strat21 egies, and recommendations for— 

22 (A) presenting to the citizens of the United 

23 States the heritage of the region; and 

24 (B) encouraging the long-term resource 

25 conservation, enhancement, interpretation, 


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1 funding, management, and development of the 

2 Heritage Area; 

3 (2) take into consideration and coordinate Fed4 eral, State, and local plans to present a unified his5 toric preservation and interpretation plan; 

6 (3) involve residents, public agencies, and pri7 vate organizations of the Heritage Area; 

8 (4) describe actions that units of government, 

9 private organizations, and citizens recommend for 

10 the conservation, enhancement, interpretation, fund11 ing, management, and development of the resources 

12 of the Heritage Area; 

13 (5) identify— 

14 (A) existing and potential sources of Fed15 eral and non-Federal funding for the conserva16 tion, enhancement, interpretation, funding, 

17 management, and development of the resources 

18 of the Heritage Area; and 

19 (B) economic development strategies for 

20 the conservation, enhancement, interpretation, 

21 funding, management, and development of the 

22 resources of the Heritage Area; 

23 (6) include— 

24 (A) an inventory of the cultural, natural, 

25 historical, educational, scenic, and recreational 


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1 resources contained in the Heritage Area, in2 cluding a list of property that— 

3 (i) is related to the themes of the 

4 Heritage Area; and 

5 (ii) should be conserved, enhanced, 

6 managed, or developed; 

7 (B) a recommendation of policies and 

8 strategies for resource management and con9 servation, including the development of inter10 governmental cooperative agreements to man11 age and conserve the cultural, natural, histor12 ical, educational, scenic, and recreational re13 sources of the Heritage Area; 

14 (C) a program of strategies and actions to 

15 implement the management plan that in16 cludes— 

17 (i) performance goals; 

18 (ii) resource conservation plans; 

19 (iii) enhancement strategies; 

20 (iv) interpretation strategies; and 

21 (v) specific commitments for imple22 mentation that have been made by the 

23 local coordinating entity or any govern24 ment, organization, business, or individual; 


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1 (D) an analysis of, and recommendations 

2 for, means by which Federal, State, and local 

3 programs may best be coordinated to further 

4 the purposes of this Act, including an analysis 

5 of the role of the National Park Service and 

6 other Federal agencies associated with the Her7 itage Area; 

8 (E) a business plan that— 

9 (i) describes the role, operation, fi10 nancing, and functions of— 

11 (I) the local coordinating entity; 

12 and 

13 (II) each of the major activities 

14 included in the management plan; and 

15 (ii) provides adequate assurances that 

16 the local coordinating entity has the part17 nerships and financial and other resources 

18 necessary to implement the management 

19 plan; and 

20 (F) an interpretive plan for the Heritage 

21 Area; and 

22 (7) list any revisions to the boundaries of the 

23 Heritage Area proposed by the local coordinating en24 tity and requested by the affected local government. 

25 (c) DEADLINE; TERMINATION OF FUNDING.— 


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1 (1) DEADLINE.—Not later than 3 years after 

2 the date on which funds are made available under 

3 section 11(a), the local coordinating entity shall sub4 mit the management plan to the Secretary for ap5 proval. 

6 (2) TERMINATION OF FUNDING.—If the man7 agement plan is not submitted to the Secretary in 

8 accordance with this section, the Secretary shall not 

9 provide to the local coordinating entity any addi10 tional financial assistance under this Act until the 

11 management plan is submitted to and approved by 

12 the Secretary under subsection (d)(1). 

13 (d) APPROVAL OF MANAGEMENT PLAN.— 

14 (1) REVIEW.—Not later than 180 days after 

15 the date of receipt of the management plan under 

16 subsection (c)(1), the Secretary shall review and ap17 prove or disapprove the management plan. 

18 (2) CRITERIA.—In determining whether to ap19 prove the management plan, the Secretary shall con20 sider whether— 

21 (A) the management plan meets all re22 quirements identified in subsection (b); and 

23 (B) the local coordinating entity has af24 forded adequate opportunity, including public 

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1 ment in the preparation of the management 

2 plan. 

3 (e) ACTION FOLLOWING DISAPPROVAL.—If the Sec4 retary disapproves the management plan under subsection 

5 (d)(1), the Secretary shall— 

6 (1) advise the local coordinating entity in writ7 ing of the reasons for the disapproval; 

8 (2) make recommendations for revisions to the 

9 management plan; and 

10 (3) not later than 180 days after the date of re11 ceipt of a proposed revision to the management plan, 

12 approve or disapprove the proposed revision. 

13 (f) AMENDMENTS.— 

14 (1) IN GENERAL.—The Secretary shall review 

15 and approve or disapprove each amendment to the 

16 management plan that the Secretary determines may 

17 substantially alter the purposes of the Heritage 

18 Area. 

19 (2) USE OF FUNDS.—Funds made available 

20 under this Act shall not be expended by the local co21 ordinating entity to implement an amendment de22 scribed in paragraph (1) until the Secretary ap23 proves the amendment. 

24 (g) EFFECT OF INACTION.—If the Secretary does not 

25 approve or disapprove a management plan, revision, or 


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1 change within 180 days after it is submitted to the Sec2 retary, then the management plan, revision, or change 

3 shall be deemed to have been approved by the Secretary. 

4 SEC. 6. AUTHORITIES, DUTIES, AND PROHIBITION OF THE 

5 LOCAL COORDINATING ENTITY. 

6 (a) AUTHORITIES.—To prepare and carry out the 

7 management plan, the local coordinating entity may use 

8 funds made available under this Act to— 

9 (1) make grants to— 

10 (A) political jurisdictions; 

11 (B) nonprofit organizations; and 

12 (C) other parties located in the Heritage 

13 Area; 

14 (2) enter into cooperative agreements with, or 

15 provide technical assistance to— 

16 (A) political jurisdictions; 

17 (B) nonprofit organizations; 

18 (C) Federal agencies; and 

19 (D) other interested parties; 

20 (3) hire and compensate staff who have dem21 onstrated expertise in the fields of— 

22 (A) cultural, natural, and historical re23 sources conservation; 

24 (B) economic and community development; 

25 (C) forestry; or 


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1 (D) heritage planning; 

2 (4) obtain funds from any source (including a 

3 program that has a cost-sharing requirement); 

4 (5) contract for goods or services; and 

5 (6) support activities of partners, and any other 

6 activities, that— 

7 (A) further the purposes of the Heritage 

8 Area; and 

9 (B) are consistent with the management 

10 plan approved under section 5(d)(1). 

11 (b) DUTIES.—In addition to developing the manage12 ment plan, the local coordinating entity shall— 

13 (1) for any fiscal year for which Federal funds 

14 have been received by the local coordinating entity 

15 under this Act— 

16 (A) submit an annual report to the Sec17 retary that describes— 

18 (i) the specific performance goals and 

19 accomplishments of the local coordinating 

20 entity; 

21 (ii) the expenses and income of the 

22 local coordinating entity; 

23 (iii) the amounts and sources of 

24 matching funds; 


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1 (iv) the amounts leveraged with Fed2 eral funds and the sources of the 

3 leveraging; and 

4 (v) any grants made to any other enti5 ties during the fiscal year; and 

6 (B) make available for audit by Congress, 

7 the Secretary, and appropriate units of govern8 ment, all records pertaining to the expenditure 

9 of the funds and any matching funds; and 

10 (2) encourage, by appropriate means and con11 sistent with the purposes of the Heritage Area, the 

12 economic viability of the Heritage Area. 

13 (c) PROHIBITION ON THE ACQUISITION OF REAL

14 PROPERTY.—The local coordinating entity shall not use 

15 Federal funds made available under this Act to acquire 

16 real property or any interest in real property. 

17 SEC. 7. AUTHORITIES AND DUTIES OF THE SECRETARY. 

18 (a) TECHNICAL AND FINANCIAL ASSISTANCE.—On 

19 request of the local coordinating entity, the Secretary may 

20 provide technical and financial assistance, on a reimburs21 able or nonreimbursable basis, to the local coordinating 

22 entity for— 

23 (1) the development and implementation of the 

24 management plan; and 


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1 (2) other initiatives of the local coordinating en2 tity. 

3 (b) COOPERATIVE AGREEMENTS.— 

4 (1) IN GENERAL.—To carry out this Act, the 

5 Secretary may enter into cooperative agreements 

6 with the local coordinating entity and other public 

7 and private entities to provide assistance under sub8 section (a). 

9 (2) REQUIREMENTS.—The cooperative agree10 ment under paragraph (1) shall, at a minimum— 

11 (A) establish the goals and objectives of 

12 the Heritage Area; and 

13 (B) include— 

14 (i) a proposal relating to the conserva15 tion and interpretation of the Heritage 

16 Area; and 

17 (ii) a general outline describing each 

18 measure agreed to by the Secretary and 

19 the local coordinating entity. 

20 SEC. 8. RELATIONSHIP TO OTHER FEDERAL AGENCIES. 

21 (a) IN GENERAL.—This Act shall not affect the au22 thority of any Federal official to provide technical or fi23 nancial assistance under any other law. 

24 (b) CONSULTATION AND COORDINATION.—The head 

25 of any Federal agency planning to conduct an activity that 


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1 may have an impact on the Heritage Area shall, to the 

2 maximum extent practicable— 

3 (1) consult with the Secretary and the local co4 ordinating entity regarding the activity; and 

5 (2) coordinate the activity with the Secretary 

6 and the local coordinating entity. 

7 (c) EFFECT ON OTHER FEDERAL AGENCIES.—Noth8 ing in this Act— 

9 (1) modifies, alters, or amends any law (includ10 ing a regulation) authorizing a Federal agency to 

11 manage Federal land under the jurisdiction of the 

12 Federal agency; 

13 (2) limits the discretion of a Federal land man14 ager to implement an approved land use plan within 

15 the boundaries of the Heritage Area; or 

16 (3) modifies, alters, or amends any authorized 

17 use of Federal land under the jurisdiction of a Fed18 eral agency. 

19 SEC. 9. PROPERTY OWNERS AND REGULATORY PROTEC20 TIONS. 

21 Nothing in this Act shall be construed to— 

22 (1) abridge the rights of any property owner, 

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1 gram, or activity conducted within the Heritage 

2 Area; 

3 (2) require any property owner to permit public 

4 access (including Federal, Tribal, State, or local gov5 ernment access) to such property or to modify any 

6 provisions of Federal, Tribal, State, or local law with 

7 regard to public access or use of private lands; 

8 (3) alter any duly adopted land use regulation 

9 or any approved land use plan or any other regu10 latory authority of any Federal, State, or local agen11 cy or Tribal government, or to convey any land use 

12 or other regulatory authority to any local coordi13 nating entity; 

14 (4) authorize or imply the reservation or appro15 priation of water or water rights; 

16 (5) diminish the authority of the State to man17 age fish and wildlife including the regulation of fish18 ing and hunting within the Heritage Area; 

19 (6) create any liability, or to have any effect on 

20 any liability under any other law, of any private 

21 property owner with respect to any persons injured 

22 on such private property; or 

23 (7) abridge, or authorize the Secretary or the 

24 local coordinating entity to abridge, valid rights to 

25 timber harvesting. 


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1 SEC. 10. EVALUATION. 

2 (a) IN GENERAL.—Not later than 3 years before the 

3 date on which authority for Federal funding terminates 

4 for the Heritage Area, the Secretary shall conduct an eval5 uation of the accomplishments of the Heritage Area and 

6 prepare a report with recommendations for the National 

7 Park Service’s future role, if any, with respect to the Her8 itage Area. 

9 (b) EVALUATION COMPONENTS.—An evaluation pre10 pared under subsection (a) shall— 

11 (1) assess the progress of the local coordinating 

12 entity with respect to— 

13 (A) accomplishing the purposes of the au14 thorizing legislation for the Heritage Area; and 

15 (B) achieving the goals and objectives of 

16 the approved management plan for the Heritage 

17 Area; 

18 (2) analyze the Federal, State, local, and pri19 vate investments in the Heritage Area to determine 

20 the leverage and impact of the investments; and 

21 (3) review the management structure, partner22 ship relationships, and funding of the Heritage Area 

23 for purposes of identifying the critical components 

24 for sustainability of the Heritage Area. 

25 (c) RECOMMENDATIONS.—Based upon the evaluation 

26 under subsection (a), the Secretary shall prepare a report 


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1 with recommendations for the National Park Service’s fu2 ture role, if any, with respect to the Heritage Area. 

3 (d) SUBMISSION TO CONGRESS.—On completion of a 

4 report under subsection (c), the Secretary shall submit the 

5 report to— 

6 (1) the Committee on Energy and Natural Re7 sources of the Senate; and 

8 (2) the Committee on Natural Resources of the 

9 House of Representatives. 

10 SEC. 11. FUNDING. 

11 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 

12 authorized to be appropriated to carry out this Act 

13 $10,000,000, of which not more than $1,000,000 may be 

14 authorized to be appropriated for any fiscal year. 

15 (b) MATCHING FUNDS.— 

16 (1) IN GENERAL.—As a condition of receiving 

17 assistance under subsection (a), the local coordi18 nating entity shall match any amounts provided to 

19 the local coordinating entity under this Act. 

20 (2) FORMS OF PAYMENT.—To meet the match21 ing requirement described in paragraph (1), the local 

22 coordinating entity shall provide to the Secretary 

23 payments that— 

24 (A) shall be derived from non-Federal 

25 sources; and 


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1 (B) may be in-kind contributions of goods 

2 or services. 

3 SEC. 12. TERMINATION OF AUTHORITY. 

4 (a) IN GENERAL.—Subject to subsection (b), the au5 thority of the Secretary to provide financial assistance 

6 under this Act terminates on the date that is 15 years 

7 after the date of enactment of this Act. 

8 (b) EXCEPTION.—The termination of authority of the 

9 Secretary under subsection (a) shall not effect the author10 ity of the Secretary to provide to the local coordinating 

11 entity technical assistance and administrative oversight. 

Æ 


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