IIB 

116TH CONGRESS 

2D SESSION H. R. 1049 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 7, 2020 

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

Resources 

AN ACT 

To authorize a National Heritage Area Program, and for 

other purposes. 

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


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘National Heritage Area Act of 2020’’. 

4 (b) TABLE OF CONTENTS.—The table of contents of 

5 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. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) FEASIBILITY STUDY.—The term ‘‘feasibility 

9 study’’ means a study conducted by the Secretary, 

10 or conducted by one or more other interested parties 

11 and reviewed and approved by the Secretary, in ac12 cordance with the criteria and processes required by 

13 section 5, to determine whether a study area meets 

14 the criteria to be designated by Federal statute as 

15 a National Heritage Area. 

16 (2) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

17 means any Indian or Alaska Native tribe, band, na18 tion, pueblo, village, or other community the name 

19 of which is included on the list most recently pub20 lished by the Secretary of the Interior pursuant to 


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1 section 104 of the Federally Recognized Indian 

2 Tribe List Act of 1994 (25 U.S.C. 5131). 

3 (3) LOCAL COORDINATING ENTITY.—The term 

4 ‘‘local coordinating entity’’ means the entity des5 ignated by Federal statute to— 

6 (A) carry out, in partnership with other in7 dividuals and entities, the management plan for 

8 a National Heritage Area; and 

9 (B) operate a National Heritage Area, in10 cluding through the implementation of projects 

11 and programs among diverse partners in a Na12 tional Heritage Area. 

13 (4) MANAGEMENT PLAN.—The term ‘‘manage14 ment plan’’ means the management plan for a Na15 tional Heritage Area required under this Act. 

16 (5) NATIONAL HERITAGE AREA.—The term 

17 ‘‘National Heritage Area’’ means— 

18 (A) each National Heritage Area, National 

19 Heritage Corridor, Natural Preservation Com20 mission, National Heritage Canalway, National 

21 Heritage Route, Heritage Corridor, Cultural 

22 Heritage Corridor, Heritage Partnership, and 

23 National Heritage Partnership, the Shenandoah 

24 Valley Battlefields National Historic District, 

25 or other area designated by Federal statute 


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1 with the explicit purpose of establishing a na2 tional heritage area designated by Congress be3 fore or on the date of enactment of this Act; 

4 and 

5 (B) each National Heritage Area des6 ignated by Federal statute after the date of en7 actment of this Act, unless the law designating 

8 the area exempts that area from the National 

9 Heritage Area System by specific reference to 

10 this Act. 

11 (6) NATIONAL HERITAGE AREA SYSTEM.—The 

12 term ‘‘National Heritage Area System’’ means the 

13 system of National Heritage Areas established by 

14 this Act. 

15 (7) SECRETARY.—The term ‘‘Secretary’’ means 

16 the Secretary of the Interior. 

17 (8) STUDY AREA.—The term ‘‘study area’’ 

18 means a specific geographic area that is the subject 

19 of a feasibility study under section 5. 

20 (9) TRIBAL GOVERNMENT.—The term ‘‘Tribal 

21 government’’ means the governing body of an Indian 

22 Tribe. 

23 SEC. 3. NATIONAL HERITAGE AREA SYSTEM. 

24 (a) IN GENERAL.—In order to recognize certain 

25 areas of the United States that tell nationally significant 


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1 stories and to conserve, enhance, and interpret the areas’ 

2 natural, historic, scenic, and cultural resources that to3 gether illustrate significant aspects of our country’s herit4 age, there is established a National Heritage Area System 

5 through which the Secretary may provide technical and 

6 financial assistance to local coordinating entities to sup7 port the establishment, development, and continuity of 

8 National Heritage Areas. 

9 (b) NATIONAL HERITAGE AREA SYSTEM.—The Na10 tional Heritage Area System shall be composed of all Na11 tional Heritage Areas. 

12 (c) RELATIONSHIP TO THE NATIONAL PARK SYS13 TEM.— 

14 (1) RELATIONSHIP TO NATIONAL PARK

15 UNITS.—The Secretary shall encourage participation 

16 and assistance by any unit of the National Park 

17 System located near or encompassed by any Na18 tional Heritage Area in local initiatives for that Na19 tional Heritage Area that conserve and interpret re20 sources consistent with an approved management 

21 plan for the National Heritage Area. 

22 (2) APPLICABILITY OF LAWS.—National Herit23 age Areas shall not be— 

24 (A) considered to be units of the National 

25 Park System; or 


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1 (B) subject to the authorities applicable to 

2 units of the National Park System. 

3 SEC. 4. NATIONAL HERITAGE AREA SYSTEM MANAGEMENT. 

4 (a) MANAGEMENT PLAN.— 

5 (1) IN GENERAL.—Not later than 3 years after 

6 a National Heritage Area is included in the National 

7 Heritage Area System outlined by this Act, the local 

8 coordinating entity of the National Heritage Area 

9 shall submit to the Secretary for approval a manage10 ment plan for the National Heritage Area. 

11 (2) REQUIREMENTS.—The management plan 

12 shall— 

13 (A) incorporate an integrated and coopera14 tive approach for the protection, enhancement, 

15 and interpretation of the natural, cultural, his16 toric, scenic, and recreational resources of the 

17 National Heritage Area; 

18 (B) be developed using a comprehensive 

19 planning approach that includes— 

20 (i) opportunities for stakeholders, in21 cluding community members, local and re22 gional governments, Tribal governments, 

23 businesses, nonprofit organizations, and 

24 other interested parties— 


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1 (I) to be involved in the planning 

2 process; and 

3 (II) to review and comment on 

4 draft management plans; and 

5 (ii) documentation of the planning 

6 and public participation processes, includ7 ing a description of— 

8 (I) the means by which the man9 agement plan was prepared; 

10 (II) the stakeholders involved in 

11 the process; and 

12 (III) the timing and method of 

13 stakeholder involvement; 

14 (C) include— 

15 (i) an inventory of— 

16 (I) the resources located in the 

17 National Heritage Area; and 

18 (II) any other property in the 

19 National Heritage Area that— 

20 (aa) is related to the themes 

21 of the National Heritage Area; 

22 and 

23 (bb) should be preserved, re24 stored, managed, or maintained 


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1 because of the significance of the 

2 property; 

3 (ii) comprehensive policies, strategies 

4 and recommendations for the conservation, 

5 funding, management, and development of 

6 the National Heritage Area; 

7 (iii) a description of actions that the 

8 Federal, Tribal, State, and local govern9 ments, private organizations, and individ10 uals have agreed to take to protect the 

11 natural, historical, cultural, scenic, and 

12 recreational resources of the National Her13 itage Area; 

14 (iv) a program of implementation for 

15 the management plan by the local coordi16 nating entity that includes a description 

17 of— 

18 (I) actions to facilitate ongoing 

19 collaboration among partners to pro20 mote plans for resource protection, 

21 restoration, and construction; and 

22 (II) specific commitments for im23 plementation that have been made by 

24 the local coordinating entity or any 

25 government, organization, or indiVerDate Sep 11 2014 03:01 Dec 08, 2020 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H1049.RFS H1049

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1 vidual for the first 5 years of oper2 ation; 

3 (v) the identification of sources of 

4 funding for carrying out the management 

5 plan; 

6 (vi) analysis and recommendations for 

7 means by which Federal, Tribal, State, 

8 and local programs, including the role of 

9 the National Park Service in the National 

10 Heritage Area, may best be coordinated to 

11 carry out this subsection; and 

12 (vii) an interpretive plan for the Na13 tional Heritage Area; and 

14 (D) recommend policies and strategies for 

15 resource management that consider and detail 

16 the application of appropriate land and water 

17 management techniques, including the develop18 ment of intergovernmental and interagency co19 operative agreements to protect the natural, 

20 historical, cultural, educational, scenic, and rec21 reational resources of the National Heritage 

22 Area. 

23 (3) EXCEPTIONS.—The requirements in para24 graph (2) shall not apply to management plans in 

25 effect on the date of the enactment of this Act. 


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1 (b) EVALUATIONS.— 

2 (1) IN GENERAL.—Not later than 1 year before 

3 the authorization for Federal funding expires for a 

4 National Heritage Area, the Secretary shall— 

5 (A) conduct an evaluation of the accom6 plishments of that National Heritage Area; and 

7 (B) prepare and submit a report detailing 

8 the evaluation required by subparagraph (A) 

9 to— 

10 (i) the Committee on Natural Re11 sources of the House of Representatives; 

12 and 

13 (ii) the Committee on Energy and 

14 Natural Resources of the Senate. 

15 (2) EVALUATION COMPONENTS.—An evaluation 

16 prepared under paragraph (1) shall— 

17 (A) assess the progress of the local coordi18 nating entity with respect to— 

19 (i) accomplishing the purposes of the 

20 authorizing legislation for the National 

21 Heritage Area; and 

22 (ii) achieving the goals and objectives 

23 of the approved management plan for the 

24 National Heritage Area; 


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1 (B) analyze the Federal, Tribal, State, 

2 local, and private investments in the National 

3 Heritage Area to assess the impact of the in4 vestments; and 

5 (C) review the management structure, 

6 partnership relationships, and funding of the 

7 National Heritage Area. 

8 (3) RESULTS OF EVALUATION.—Based upon 

9 the evaluation under paragraph (1), the Secretary 

10 shall prepare a report with recommendations for the 

11 National Park Service’s continued role, if any, with 

12 respect to the National Heritage Area. If the report 

13 recommends that Federal funding for the National 

14 Heritage Area be— 

15 (A) continued, the report shall include an 

16 analysis of— 

17 (i) ways in which Federal funding for 

18 the National Heritage Area may be re19 duced or eliminated over time; 

20 (ii) the appropriate time period nec21 essary to achieve the recommended reduc22 tion or elimination; and 

23 (iii) justification for the continued 

24 funding in light of other National Park 


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1 Service core responsibilities and priorities; 

2 or 

3 (B) eliminated, the report shall include a 

4 description of potential impacts on conserva5 tion, interpretation, and sustainability of the 

6 National Heritage Area. 

7 (4) UPDATES; ADDITIONAL EVALUATIONS.— 

8 (A) UPDATES.—The Secretary may satisfy 

9 the requirement under paragraph (1) for a Na10 tional Heritage Area by updating an evaluation 

11 that was completed for that National Heritage 

12 Area not more than 5 years before another 

13 evaluation would otherwise be required under 

14 paragraph (1). 

15 (B) ADDITIONAL EVALUATIONS.—The Sec16 retary may conduct additional evaluations as 

17 the Secretary deems appropriate. 

18 (c) COORDINATION.—The head of any Federal agen19 cy planning to conduct activities that may have an impact 

20 on a designated National Heritage Area is encouraged to 

21 consult and coordinate these activities with the Secretary 

22 and the local coordinating entity to the maximum extent 

23 practicable. 

24 SEC. 5. STUDY AREAS. 

25 (a) FEASIBILITY STUDIES.— 


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1 (1) IN GENERAL.—The Secretary may carry out 

2 or certify a study to assess the suitability and feasi3 bility of designating a specific geographic area as a 

4 National Heritage Area to be included in the Na5 tional Heritage Area System. 

6 (2) PREPARATION.—The feasibility study shall 

7 be carried out— 

8 (A) by the Secretary in consultation with 

9 Tribal, State, and local historic preservation of10 ficers, State and local historical societies, State 

11 and local tourism offices, and other appropriate 

12 organizations and governmental agencies; or 

13 (B) by interested individuals or entities, if 

14 the Secretary certifies that the completed study 

15 meets the requirements of paragraph (4). 

16 (3) CERTIFICATION.—Not later than 1 year 

17 after receiving a study carried out by interested indi18 viduals or entities under paragraph (2)(B) the Sec19 retary shall review and certify whether the study 

20 meets the requirements of paragraph (4). 

21 (4) REQUIREMENTS.—A study under paragraph 

22 (1) shall include analysis, documentation, and deter23 mination on whether the study area— 

24 (A) has an assemblage of natural, historic, 

25 and cultural resources that— 


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1 (i) represent distinct aspects of the 

2 heritage of the United States; 

3 (ii) are worthy of recognition, con4 servation, interpretation, and continuing 

5 use; and 

6 (iii) would be best managed— 

7 (I) through partnerships among 

8 public and private entities; and 

9 (II) by linking diverse and some10 times noncontiguous resources; 

11 (B) reflects traditions, customs, beliefs, 

12 and folklife that are a valuable part of the story 

13 of the United States; 

14 (C) provides outstanding opportunities— 

15 (i) to conserve natural, historic, cul16 tural, or scenic features; and 

17 (ii) for recreation and education; 

18 (D) contains resources that— 

19 (i) are important to any identified 

20 themes of the study area; and 

21 (ii) retain a degree of integrity capa22 ble of supporting interpretation; 

23 (E) includes Tribal governments, residents, 

24 business interests, nonprofit organizations, and 

25 State and local governments that— 


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1 (i) are involved in the planning of the 

2 study area; 

3 (ii) have developed a conceptual finan4 cial plan that outlines the roles of all par5 ticipants in the study area, including the 

6 Federal Government; and 

7 (iii) have demonstrated support for 

8 the designation of the study area; 

9 (F) has a potential local coordinating enti10 ty to work in partnership with the individuals 

11 and entities described in paragraph (1) to de12 velop the study area while encouraging State 

13 and local economic activity; and 

14 (G) has a conceptual boundary map that is 

15 supported by the public. 

16 (b) REPORT.— 

17 (1) IN GENERAL.—For each study carried out 

18 under subsection (a), the Secretary shall submit to 

19 the Committee on Natural Resources of the House 

20 of Representatives and the Committee on Energy 

21 and Natural Resources of the Senate a report that 

22 describes— 

23 (A) the findings of the study described in 

24 subsection (a) for that study area; and 


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1 (B) any conclusions and recommendations 

2 of the Secretary. 

3 (2) TIMING.— 

4 (A) With respect to a study carried out by 

5 the Secretary in accordance with paragraph 

6 (2)(A)(i), the Secretary shall submit a report 

7 under subparagraph (A) not later than 3 years 

8 after the date on which funds are first made 

9 available to carry out the study. 

10 (B) With respect to a study carried out by 

11 interested individuals or entities in accordance 

12 with paragraph (2)(A)(ii), the Secretary shall 

13 submit a report under subparagraph (A) not 

14 later than 180 days after the date on which the 

15 Secretary certifies under paragraph (2)(B) that 

16 the study meets the requirements of paragraph 

17 (3). 

18 SEC. 6. LOCAL COORDINATING ENTITIES. 

19 (a) DUTIES.—For any year that Federal funds have 

20 been made available under this Act for a National Herit21 age Area, the local coordinating entity for that National 

22 Heritage Area shall— 

23 (1) submit to the Secretary an annual report 

24 that describes the activities, expenses, and income of 

25 the local coordinating entity (including grants to any 


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1 other entities during the year that the report is 

2 made); 

3 (2) make available to the Secretary for audit all 

4 records relating to the expenditure of Federal funds 

5 and any matching funds; and 

6 (3) require, with respect to all agreements au7 thorizing expenditure of Federal funds by other or8 ganizations, that the organizations receiving the 

9 funds make available to the Secretary for audit all 

10 records concerning the expenditure of the funds. 

11 (b) AUTHORITIES.—The local coordinating entity 

12 may, subject to the prior approval of the Secretary, for 

13 the purposes of preparing and implementing the approved 

14 management plan for the National Heritage Area, use 

15 Federal funds made available through this Act to— 

16 (1) make grants to Indian Tribes, a State, a 

17 local government, nonprofit organizations, and other 

18 parties within the National Heritage Area; 

19 (2) enter into cooperative agreements with or 

20 provide technical assistance to the Indian Tribes, 

21 State, a local government, nonprofit organizations, 

22 Federal agencies, and other interested parties; 

23 (3) hire and compensate staff, which may in24 clude individuals with expertise in natural, cultural, 


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1 and historic resources conservation; economic and 

2 community development; and heritage planning; 

3 (4) obtain money or services, including those 

4 provided under other Federal laws or programs; 

5 (5) contract for goods or services; and 

6 (6) support activities of partners and any other 

7 activities that further the purposes of the National 

8 Heritage Area and are consistent with the approved 

9 management plan. 

10 (c) PROHIBITIONS ON THE ACQUISITION OF REAL

11 PROPERTY.—The local coordinating entity may not use 

12 Federal funds received under this Act to acquire real prop13 erty or any interest in real property. 

14 (d) HERITAGE AREA COMMISSIONS.— 

15 (1) Section 804(j) of division B of H.R. 5666 

16 (Appendix D) as enacted into law by section 1(a)(4) 

17 of Public Law 106–554 (54 U.S.C. 320101 note; 

18 114 Stat. 2763, 2763A– 295; 123 Stat. 1294; 128 

19 Stat. 3802) is amended by striking ‘‘shall termi20 nate’’ and all that follows through the period and in21 serting ‘‘shall terminate on September 30, 2034.’’. 

22 (2) Section 295D(d) of Public Law 109–338 

23 (120 Stat. 1833; 130 Stat. 962) is amended by 

24 striking ‘‘shall terminate’’ and all that follows 


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1 through the period and inserting ‘‘shall terminate on 

2 September 30, 2034.’’. 

3 SEC. 7. PROPERTY OWNERS AND REGULATORY PROTEC4 TIONS. 

5 Nothing in this Act shall be construed to— 

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

7 whether public or private, including the right to re8 frain from participating in any plan, project, pro9 gram, or activity conducted within the National Her10 itage Area; 

11 (2) require any property owner to permit public 

12 access (including Federal, Tribal, State, or local gov13 ernment access) to such property or to modify any 

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

15 regard to public access or use of private lands; 

16 (3) alter any duly adopted land use regulation 

17 or any approved land use plan or any other regu18 latory authority of any Federal, Tribal, or State, or 

19 local government, or to convey any land use or other 

20 regulatory authority to any local coordinating entity; 

21 (4) authorize or imply the reservation or appro22 priation of water or water rights; 

23 (5) diminish the authority of the State to man24 age fish and wildlife including the regulation of fish25 ing and hunting within the National Heritage Area; 


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1 (6) create any liability, or have any effect on 

2 any liability under any other law, of any private 

3 property owner with respect to any persons injured 

4 on such private property; 

5 (7) affect the authority of any Federal official 

6 to provide technical or financial assistance under 

7 any other law; 

8 (8) modify any law or regulation authorizing 

9 Federal officials to manage Federal land under their 

10 control or limit the discretion of Federal land man11 agers to implement approved land use plans within 

12 the boundaries of a National Heritage Area, nor 

13 shall this Act be construed to modify, alter, or 

14 amend any authorized uses of these Federal lands; 

15 or 

16 (9) enlarge or diminish the treaty rights of any 

17 Indian Tribe within the National Heritage Area. 

18 SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 

19 (a) IN GENERAL.—Notwithstanding any other provi20 sion of law, for each of fiscal years 2020 through 2034, 

21 there is authorized to be appropriated not more than 

22 $750,000 for each National Heritage Area. 

23 (b) AVAILABILITY.—Amounts made available under 

24 subsection (a) shall remain available until expended. 

25 (c) COST-SHARING REQUIREMENT.— 


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1 (1) FEDERAL SHARE.—Notwithstanding any 

2 other provision of law, including any law designating 

3 a National Heritage Area, the Federal share of the 

4 total cost of any activity funded with appropriations 

5 authorized by subsection (a) shall not be more than 

6 50 percent. 

7 (2) FORM OF NON-FEDERAL SHARE.—The non8 Federal share of the total cost of any activity funded 

9 with appropriations authorized by subsection (a) 

10 may be in the form of in-kind contributions of goods 

11 or services fairly valued. 

12 (3) EXCEPTION.—Notwithstanding section 9(b), 

13 for each National Heritage Area established before 

14 the date of the enactment of this Act without a non15 Federal cost share requirement or with a non-Fed16 eral cost share requirement of less than 50 per17 cent— 

18 (A) the non-Federal cost share require19 ment, or lack thereof, shall remain at the pre20 viously enacted level for 2 full fiscal years after 

21 the date of the enactment of this Act; and 

22 (B) after the period referred to in subpara23 graph (A), the non-Federal cost share require24 ment shall increase by 10 percent annually until 


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1 the non-Federal share is consistent with para2 graph (1). 

3 (c) AUTHORITY TO PROVIDE ASSISTANCE.—Notwith4 standing any other provision of law, the Secretary may 

5 provide assistance to a National Heritage Area during any 

6 fiscal year for which appropriations are authorized under 

7 subsection (a). 

8 SEC. 9. STATUTORY CLARIFICATION. 

9 (a) AUTHORIZATION LIMITATIONS.—Any provision of 

10 law enacted before the date of the enactment of this Act 

11 that provides for a termination, expiration, or other time 

12 limitation on the authorization for a National Heritage 

13 Area is hereby superceded and shall have no effect. 

14 (b) FUNDING LIMITATIONS.—Any provision of law 

15 enacted before the date of the enactment of this Act that 

16 provides for a termination, expiration, or other limitation 

17 on the time or amount of an authorization of appropria18 tions for a National Heritage Area is hereby superceded 

19 and shall have no effect. 

20 (c) EVALUATIONS.—Any provision of law enacted be21 fore the date of the enactment of this Act that requires 

22 the Secretary to conduct an evaluation of or submit a re23 port on the accomplishments of a National Heritage Area 

24 is hereby superceded and shall have no effect. 


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1 (d) OTHER AUTHORITIES.—Any provision of law en2 acted before the date of the enactment of this Act that 

3 provides for the establishment, management, administra4 tion, operation, or otherwise affects a National Heritage 

5 Area and is not explicitly otherwise provided for in this 

6 Act shall not be affected by this Act. 

Passed the House of Representatives December 3, 

2020. 

Attest: CHERYL L. JOHNSON, 

Clerk. 


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