I 

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. 

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; TABLE OF CONTENTS. 

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

5 ‘‘National Heritage Area Act of 2021’’. 

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

7 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. 


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Sec. 8. Authorization of appropriations. 

Sec. 9. Statutory clarification. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

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

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

5 or conducted by one or more other interested parties 

6 and reviewed and approved by the Secretary, in ac7 cordance with the criteria and processes required by 

8 section 5, to determine whether a study area meets 

9 the criteria to be designated by Federal statute as 

10 a National Heritage Area. 

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

12 means any Indian or Alaska Native tribe, band, na13 tion, pueblo, village, or other community the name 

14 of which is included on the list most recently pub15 lished by the Secretary of the Interior pursuant to 

16 section 104 of the Federally Recognized Indian 

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

18 (3) LOCAL COORDINATING ENTITY.—The term 

19 ‘‘local coordinating entity’’ means the entity des20 ignated by Federal statute to— 

21 (A) carry out, in partnership with other in22 dividuals and entities, the management plan for 

23 a National Heritage Area; and 


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1 (B) operate a National Heritage Area, in2 cluding through the implementation of projects 

3 and programs among diverse partners in a Na4 tional Heritage Area. 

5 (4) MANAGEMENT PLAN.—The term ‘‘manage6 ment plan’’ means the management plan for a Na7 tional Heritage Area required under this Act. 

8 (5) NATIONAL HERITAGE AREA.—The term 

9 ‘‘National Heritage Area’’ means— 

10 (A) each National Heritage Area, National 

11 Heritage Corridor, Natural Preservation Com12 mission, National Heritage Canalway, National 

13 Heritage Route, Heritage Corridor, Cultural 

14 Heritage Corridor, Heritage Partnership, and 

15 National Heritage Partnership, the Shenandoah 

16 Valley Battlefields National Historic District, 

17 or other area designated by Federal statute 

18 with the explicit purpose of establishing a na19 tional heritage area designated by Congress be20 fore or on the date of enactment of this Act; 

21 and 

22 (B) each National Heritage Area des23 ignated by Federal statute after the date of en24 actment of this Act, unless the law designating 

25 the area exempts that area from the National 


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1 Heritage Area System by specific reference to 

2 this Act. 

3 (6) NATIONAL HERITAGE AREA SYSTEM.—The 

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

5 system of National Heritage Areas established by 

6 this Act. 

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

8 the Secretary of the Interior. 

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

10 means a specific geographic area that is the subject 

11 of a feasibility study under section 5. 

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

13 government’’ means the governing body of an Indian 

14 Tribe. 

15 SEC. 3. NATIONAL HERITAGE AREA SYSTEM. 

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

17 areas of the United States that tell nationally significant 

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

19 natural, historic, scenic, and cultural resources that to20 gether illustrate significant aspects of our country’s herit21 age, there is established a National Heritage Area System 

22 through which the Secretary may provide technical and 

23 financial assistance to local coordinating entities to sup24 port the establishment, development, and continuity of 

25 National Heritage Areas. 


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1 (b) NATIONAL HERITAGE AREA SYSTEM.—The Na2 tional Heritage Area System shall be composed of all Na3 tional Heritage Areas. 

4 (c) RELATIONSHIP TO THE NATIONAL PARK SYS5 TEM.— 

6 (1) RELATIONSHIP TO NATIONAL PARK

7 UNITS.—The Secretary shall encourage participation 

8 and assistance by any unit of the National Park 

9 System located near or encompassed by any Na10 tional Heritage Area in local initiatives for that Na11 tional Heritage Area that conserve and interpret re12 sources consistent with an approved management 

13 plan for the National Heritage Area. 

14 (2) APPLICABILITY OF LAWS.—National Herit15 age Areas shall not be— 

16 (A) considered to be units of the National 

17 Park System; or 

18 (B) subject to the authorities applicable to 

19 units of the National Park System. 

20 SEC. 4. NATIONAL HERITAGE AREA SYSTEM MANAGEMENT. 

21 (a) MANAGEMENT PLAN.— 

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

23 a National Heritage Area is included in the National 

24 Heritage Area System outlined by this Act, the local 

25 coordinating entity of the National Heritage Area 


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1 shall submit to the Secretary for approval a manage2 ment plan for the National Heritage Area. 

3 (2) REQUIREMENTS.—The management plan 

4 shall— 

5 (A) incorporate an integrated and coopera6 tive approach for the protection, enhancement, 

7 and interpretation of the natural, cultural, his8 toric, scenic, and recreational resources of the 

9 National Heritage Area; 

10 (B) be developed using a comprehensive 

11 planning approach that includes— 

12 (i) opportunities for stakeholders, in13 cluding community members, local and re14 gional governments, Tribal governments, 

15 businesses, nonprofit organizations, and 

16 other interested parties— 

17 (I) to be involved in the planning 

18 process; and 

19 (II) to review and comment on 

20 draft management plans; and 

21 (ii) documentation of the planning 

22 and public participation processes, includ23 ing a description of— 

24 (I) the means by which the man25 agement plan was prepared; 


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1 (II) the stakeholders involved in 

2 the process; and 

3 (III) the timing and method of 

4 stakeholder involvement; 

5 (C) include— 

6 (i) an inventory of— 

7 (I) the resources located in the 

8 National Heritage Area; and 

9 (II) any other property in the 

10 National Heritage Area that— 

11 (aa) is related to the themes 

12 of the National Heritage Area; 

13 and 

14 (bb) should be preserved, re15 stored, managed, or maintained 

16 because of the significance of the 

17 property; 

18 (ii) comprehensive policies, strategies 

19 and recommendations for the conservation, 

20 funding, management, and development of 

21 the National Heritage Area; 

22 (iii) a description of actions that the 

23 Federal, Tribal, State, and local govern24 ments, private organizations, and individ25 uals have agreed to take to protect the 


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1 natural, historical, cultural, scenic, and 

2 recreational resources of the National Her3 itage Area; 

4 (iv) a program of implementation for 

5 the management plan by the local coordi6 nating entity that includes a description 

7 of— 

8 (I) actions to facilitate ongoing 

9 collaboration among partners to pro10 mote plans for resource protection, 

11 restoration, and construction; and 

12 (II) specific commitments for im13 plementation that have been made by 

14 the local coordinating entity or any 

15 government, organization, or indi16 vidual for the first 5 years of oper17 ation; 

18 (v) the identification of sources of 

19 funding for carrying out the management 

20 plan; 

21 (vi) analysis and recommendations for 

22 means by which Federal, Tribal, State, 

23 and local programs, including the role of 

24 the National Park Service in the National 


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1 Heritage Area, may best be coordinated to 

2 carry out this subsection; and 

3 (vii) an interpretive plan for the Na4 tional Heritage Area; and 

5 (D) recommend policies and strategies for 

6 resource management that consider and detail 

7 the application of appropriate land and water 

8 management techniques, including the develop9 ment of intergovernmental and interagency co10 operative agreements to protect the natural, 

11 historical, cultural, educational, scenic, and rec12 reational resources of the National Heritage 

13 Area. 

14 (3) EXCEPTIONS.—The requirements in para15 graph (2) shall not apply to management plans in 

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

17 (b) EVALUATIONS.— 

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

19 the authorization for Federal funding expires for a 

20 National Heritage Area, the Secretary shall— 

21 (A) conduct an evaluation of the accom22 plishments of that National Heritage Area; and 

23 (B) prepare and submit a report detailing 

24 the evaluation required by subparagraph (A) 

25 to— 


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1 (i) the Committee on Natural Re2 sources of the House of Representatives; 

3 and 

4 (ii) the Committee on Energy and 

5 Natural Resources of the Senate. 

6 (2) EVALUATION COMPONENTS.—An evaluation 

7 prepared under paragraph (1) shall— 

8 (A) assess the progress of the local coordi9 nating entity with respect to— 

10 (i) accomplishing the purposes of the 

11 authorizing legislation for the National 

12 Heritage Area; and 

13 (ii) achieving the goals and objectives 

14 of the approved management plan for the 

15 National Heritage Area; 

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

17 local, and private investments in the National 

18 Heritage Area to assess the impact of the in19 vestments; and 

20 (C) review the management structure, 

21 partnership relationships, and funding of the 

22 National Heritage Area. 

23 (3) RESULTS OF EVALUATION.—Based upon 

24 the evaluation under paragraph (1), the Secretary 

25 shall prepare a report with recommendations for the 


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

2 respect to the National Heritage Area. If the report 

3 recommends that Federal funding for the National 

4 Heritage Area be— 

5 (A) continued, the report shall include an 

6 analysis of— 

7 (i) ways in which Federal funding for 

8 the National Heritage Area may be re9 duced or eliminated over time; 

10 (ii) the appropriate time period nec11 essary to achieve the recommended reduc12 tion or elimination; and 

13 (iii) justification for the continued 

14 funding in light of other National Park 

15 Service core responsibilities and priorities; 

16 or 

17 (B) eliminated, the report shall include a 

18 description of potential impacts on conserva19 tion, interpretation, and sustainability of the 

20 National Heritage Area. 

21 (4) UPDATES; ADDITIONAL EVALUATIONS.— 

22 (A) UPDATES.—The Secretary may satisfy 

23 the requirement under paragraph (1) for a Na24 tional Heritage Area by updating an evaluation 

25 that was completed for that National Heritage 


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1 Area not more than 5 years before another 

2 evaluation would otherwise be required under 

3 paragraph (1). 

4 (B) ADDITIONAL EVALUATIONS.—The Sec5 retary may conduct additional evaluations as 

6 the Secretary deems appropriate. 

7 (c) COORDINATION.—The head of any Federal agen8 cy planning to conduct activities that may have an impact 

9 on a designated National Heritage Area is encouraged to 

10 consult and coordinate these activities with the Secretary 

11 and the local coordinating entity to the maximum extent 

12 practicable. 

13 SEC. 5. STUDY AREAS. 

14 (a) FEASIBILITY STUDIES.— 

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

16 or certify a study to assess the suitability and feasi17 bility of designating a specific geographic area as a 

18 National Heritage Area to be included in the Na19 tional Heritage Area System. 

20 (2) PREPARATION.—The feasibility study shall 

21 be carried out— 

22 (A) by the Secretary in consultation with 

23 Tribal, State, and local historic preservation of24 ficers, State and local historical societies, State 


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1 and local tourism offices, and other appropriate 

2 organizations and governmental agencies; or 

3 (B) by interested individuals or entities, if 

4 the Secretary certifies that the completed study 

5 meets the requirements of paragraph (4). 

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

7 after receiving a study carried out by interested indi8 viduals or entities under paragraph (2)(B) the Sec9 retary shall review and certify whether the study 

10 meets the requirements of paragraph (4). 

11 (4) REQUIREMENTS.—A study under paragraph 

12 (1) shall include analysis, documentation, and deter13 mination on whether the study area— 

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

15 and cultural resources that— 

16 (i) represent distinct aspects of the 

17 heritage of the United States; 

18 (ii) are worthy of recognition, con19 servation, interpretation, and continuing 

20 use; and 

21 (iii) would be best managed— 

22 (I) through partnerships among 

23 public and private entities; and 

24 (II) by linking diverse and some25 times noncontiguous resources; 


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1 (B) reflects traditions, customs, beliefs, 

2 and folklife that are a valuable part of the story 

3 of the United States; 

4 (C) provides outstanding opportunities— 

5 (i) to conserve natural, historic, cul6 tural, or scenic features; and 

7 (ii) for recreation and education; 

8 (D) contains resources that— 

9 (i) are important to any identified 

10 themes of the study area; and 

11 (ii) retain a degree of integrity capa12 ble of supporting interpretation; 

13 (E) includes Tribal governments, residents, 

14 business interests, nonprofit organizations, and 

15 State and local governments that— 

16 (i) are involved in the planning of the 

17 study area; 

18 (ii) have developed a conceptual finan19 cial plan that outlines the roles of all par20 ticipants in the study area, including the 

21 Federal Government; and 

22 (iii) have demonstrated support for 

23 the designation of the study area; 

24 (F) has a potential local coordinating enti25 ty to work in partnership with the individuals 


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1 and entities described in paragraph (1) to de2 velop the study area while encouraging State 

3 and local economic activity; and 

4 (G) has a conceptual boundary map that is 

5 supported by the public. 

6 (b) REPORT.— 

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

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

9 the Committee on Natural Resources of the House 

10 of Representatives and the Committee on Energy 

11 and Natural Resources of the Senate a report that 

12 describes— 

13 (A) the findings of the study described in 

14 subsection (a) for that study area; and 

15 (B) any conclusions and recommendations 

16 of the Secretary. 

17 (2) TIMING.— 

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

19 the Secretary in accordance with paragraph 

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

21 under subparagraph (A) not later than 3 years 

22 after the date on which funds are first made 

23 available to carry out the study. 

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

25 interested individuals or entities in accordance 


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

2 submit a report under subparagraph (A) not 

3 later than 180 days after the date on which the 

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

5 the study meets the requirements of paragraph 

6 (3). 

7 SEC. 6. LOCAL COORDINATING ENTITIES. 

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

9 been made available under this Act for a National Herit10 age Area, the local coordinating entity for that National 

11 Heritage Area shall— 

12 (1) submit to the Secretary an annual report 

13 that describes the activities, expenses, and income of 

14 the local coordinating entity (including grants to any 

15 other entities during the year that the report is 

16 made); 

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

18 records relating to the expenditure of Federal funds 

19 and any matching funds; and 

20 (3) require, with respect to all agreements au21 thorizing expenditure of Federal funds by other or22 ganizations, that the organizations receiving the 

23 funds make available to the Secretary for audit all 

24 records concerning the expenditure of the funds. 


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1 (b) AUTHORITIES.—The local coordinating entity 

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

3 the purposes of preparing and implementing the approved 

4 management plan for the National Heritage Area, use 

5 Federal funds made available through this Act to— 

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

7 local government, nonprofit organizations, and other 

8 parties within the National Heritage Area; 

9 (2) enter into cooperative agreements with or 

10 provide technical assistance to the Indian Tribes, 

11 State, a local government, nonprofit organizations, 

12 Federal agencies, and other interested parties; 

13 (3) hire and compensate staff, which may in14 clude individuals with expertise in natural, cultural, 

15 and historic resources conservation; economic and 

16 community development; and heritage planning; 

17 (4) obtain money or services, including those 

18 provided under other Federal laws or programs; 

19 (5) contract for goods or services; and 

20 (6) support activities of partners and any other 

21 activities that further the purposes of the National 

22 Heritage Area and are consistent with the approved 

23 management plan. 

24 (c) PROHIBITIONS ON THE ACQUISITION OF REAL

25 PROPERTY.—The local coordinating entity may not use 


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1 Federal funds received under this Act to acquire real prop2 erty or any interest in real property. 

3 (d) HERITAGE AREA COMMISSIONS.— 

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

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

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

7 114 Stat. 2763, 2763A–295; 123 Stat. 1294; 128 

8 Stat. 3802) is amended by striking ‘‘shall termi9 nate’’ and all that follows through the period and in10 serting ‘‘shall terminate on September 30, 2034.’’. 

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

12 (120 Stat. 1833; 130 Stat. 962) is amended by 

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

14 through the period and inserting ‘‘shall terminate on 

15 September 30, 2034.’’. 

16 SEC. 7. PROPERTY OWNERS AND REGULATORY PROTEC17 TIONS. 

18 Nothing in this Act shall be construed to— 

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

20 whether public or private, including the right to re21 frain from participating in any plan, project, pro22 gram, or activity conducted within the National Her23 itage Area; 

24 (2) require any property owner to permit public 

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1 ernment access) to such property or to modify any 

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

3 regard to public access or use of private lands; 

4 (3) alter any duly adopted land use regulation 

5 or any approved land use plan or any other regu6 latory authority of any Federal, Tribal, or State, or 

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

8 regulatory authority to any local coordinating entity; 

9 (4) authorize or imply the reservation or appro10 priation of water or water rights; 

11 (5) diminish the authority of the State to man12 age fish and wildlife including the regulation of fish13 ing and hunting within the National Heritage Area; 

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

15 any liability under any other law, of any private 

16 property owner with respect to any persons injured 

17 on such private property; 

18 (7) affect the authority of any Federal official 

19 to provide technical or financial assistance under 

20 any other law; 

21 (8) modify any law or regulation authorizing 

22 Federal officials to manage Federal land under their 

23 control or limit the discretion of Federal land man24 agers to implement approved land use plans within 

25 the boundaries of a National Heritage Area, nor 


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

2 amend any authorized uses of these Federal lands; 

3 or 

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

5 Indian Tribe within the National Heritage Area. 

6 SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 

7 (a) IN GENERAL.—Notwithstanding any other provi8 sion of law, for each of fiscal years 2022 through 2037, 

9 there is authorized to be appropriated not more than 

10 $750,000 for each National Heritage Area. 

11 (b) AVAILABILITY.—Amounts made available under 

12 subsection (a) shall remain available until expended. 

13 (c) COST-SHARING REQUIREMENT.— 

14 (1) FEDERAL SHARE.—Notwithstanding any 

15 other provision of law, including any law designating 

16 a National Heritage Area, the Federal share of the 

17 total cost of any activity funded with appropriations 

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

19 50 percent. 

20 (2) FORM OF NON-FEDERAL SHARE.—The non21 Federal share of the total cost of any activity funded 

22 with appropriations authorized by subsection (a) 

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

24 or services fairly valued. 


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

2 for each National Heritage Area established before 

3 the date of the enactment of this Act without a non4 Federal cost share requirement or with a non-Fed5 eral cost share requirement of less than 50 per6 cent— 

7 (A) the non-Federal cost share require8 ment, or lack thereof, shall remain at the pre9 viously enacted level for 2 full fiscal years after 

10 the date of the enactment of this Act; and 

11 (B) after the period referred to in subpara12 graph (A), the non-Federal cost share require13 ment shall increase by 10 percent annually until 

14 the non-Federal share is consistent with para15 graph (1). 

16 (d) AUTHORITY TO PROVIDE ASSISTANCE.—Not17 withstanding any other provision of law, the Secretary 

18 may provide assistance to a National Heritage Area dur19 ing any fiscal year for which appropriations are authorized 

20 under subsection (a). 

21 SEC. 9. STATUTORY CLARIFICATION. 

22 (a) AUTHORIZATION LIMITATIONS.—Any provision of 

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

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


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1 limitation on the authorization for a National Heritage 

2 Area is hereby superceded and shall have no effect. 

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

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

5 provides for a termination, expiration, or other limitation 

6 on the time or amount of an authorization of appropria7 tions for a National Heritage Area is hereby superceded 

8 and shall have no effect. 

9 (c) EVALUATIONS.—Any provision of law enacted be10 fore the date of the enactment of this Act that requires 

11 the Secretary to conduct an evaluation of or submit a re12 port on the accomplishments of a National Heritage Area 

13 is hereby superceded and shall have no effect. 

14 (d) OTHER AUTHORITIES.—Any provision of law en15 acted before the date of the enactment of this Act that 

16 provides for the establishment, management, administra17 tion, operation, or otherwise affects a National Heritage 

18 Area and is not explicitly otherwise provided for in this 

19 Act shall not be affected by this Act. 

Æ 


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