I 

116TH CONGRESS 

1ST SESSION H. R. 4542 

To establish the Nation’s Oldest Port National Heritage Area in the State 

of Florida, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 27, 2019 

Mr. RUTHERFORD (for himself, Mr. WALTZ, and Mr. LAWSON of Florida) introduced the following bill; which was referred to the Committee on Natural Resources 

A BILL 

To establish the Nation’s Oldest Port National Heritage 

Area in the State of Florida, 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 ‘‘Nation’s Oldest Port 

5 National Heritage Area Act’’. 

6 SEC. 2. CONGRESSIONAL FINDINGS. 

7 Congress finds the following: 

8 (1) The Nation’s Oldest Port region of north9 east Florida holds a mosaic of cultures and maritime 

10 heritage that includes Native Americans, whose herVerDate Sep 11 2014 23:29 Oct 02, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H4542.IH H4542

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1 itage reaches back some 9,000 years, and the de2 scendants of European and American explorers and 

3 settlers, who shaped the region, its land, customs, 

4 and traditions from 1513 to the present day and 

5 have made indelible contributions to American and 

6 World history. 

7 (2) The Nation’s Oldest Port region expresses 

8 a combination of cultures, maritime heritage, Atlan9 tic and World history, cultural diversity, traditions, 

10 arts, architecture, transportation corridors, and 

11 coastal and ocean resources that makes this geo12 graphic area a unique and distinctive coastal land13 scape in the United States. 

14 (3) The area contains the Nation’s Oldest Port, 

15 and a series of interconnected waterways that in16 clude the St. Mary’s River, the St. Johns River, 

17 Tolomato and Matanzas Rivers, Pellicer Creek wa18 tershed, and the numerous diverse and spectacular 

19 historic, cultural, natural, scenic and recreational re20 sources, including the designated national treasures 

21 of Timucuan Ecological and Historical Preserve, 

22 Guana Tolomato Matanzas National Estuarine Re23 search Reserve, the Castillo de San Marcos National 

24 Monument, and Fort Matanzas National Monument. 


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1 (4) There is broad support expressed as resolu2 tions, letters, and in public meetings from local gov3 ernments, State parks, and many local planning and 

4 community groups, chambers of commerce, business 

5 associations, museums, historical societies and asso6 ciations, nature conservation groups, agricultural in7 terests, private property owners, and other inter8 ested individuals to establish a National Heritage 

9 Area to coordinate and to assist in the preservation, 

10 interpretation, promotion, and enjoyment of these 

11 resources. 

12 (5) Establishment of a National Heritage Area 

13 in northeast Florida would assist local communities, 

14 residents, and property owners in preserving these 

15 unique and nationally distinctive cultural, historical, 

16 and natural resources. 

17 SEC. 3. DEFINITIONS. 

18 As used in this Act: 

19 (1) HERITAGE AREA.—The term ‘‘heritage 

20 area’’ means the Nation’s Oldest Port National Her21 itage Area. 

22 (2) SECRETARY.—The term ‘‘Secretary’’ means 

23 the Secretary of the Interior. 


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1 (3) COORDINATING ENTITY.—The term ‘‘co2 ordinating entity’’ means the Nation’s Oldest Port 

3 Heritage Area Alliance, Inc. 

4 SEC. 4. NATION’S OLDEST PORT NATIONAL HERITAGE 

5 AREA. 

6 (a) ESTABLISHMENT.—There is hereby established 

7 the Nation’s Oldest Port National Heritage Area in the 

8 State of Florida. 

9 (b) BOUNDARIES.—The heritage area shall include 

10 natural watersheds in Nassau, Duval, St. Johns, and 

11 Flagler counties, Florida, as depicted on the map, entitled 

12 ‘‘Nation’s Oldest Port National Heritage Area,’’ num13 bered ll and dated ll. 

14 (c) COORDINATING ENTITY.— 

15 (1) IN GENERAL.—The Nation’s Oldest Port 

16 Heritage Area Alliance, Inc., a nonprofit organiza17 tion which is exempt from taxation under section 

18 501(c)(3) of the Internal Revenue Code of 1986, 

19 chartered in the State of Florida, shall serve as the 

20 coordinating entity for the heritage area. 

21 (2) BOARD OF DIRECTORS.—The board of di22 rectors of the coordinating entity shall be— 

23 (A) selected in accordance with the bylaws 

24 of the coordinating entity, which have been ap25 proved by the heritage area working group; and 


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1 (B) responsible for planning, fundraising, 

2 staff oversight, and final selection of projects 

3 and programs supported by the heritage area. 

4 (3) COMMITTEES.—The board of directors may 

5 establish committees to— 

6 (A) advise and assist the board of directors 

7 of the coordinating entity; 

8 (B) represent a broad range of local inter9 ests, such as municipalities, culture, arts, archi10 tecture, agriculture, archaeology, historic pres11 ervation, maritime heritage, nature conserva12 tion, education, parks, outdoor recreation, tour13 ism, economic development, lodging, res14 taurants, transportation, private landowners, 

15 and water quality; 

16 (C) review and suggest projects and pro17 grams for funding and other assistance from 

18 the heritage area; and 

19 (D) identify potential partnerships between 

20 the heritage area and government agencies, 

21 nonprofits, the private sector, and other local 

22 stakeholders to help achieve long-term goals. 

23 (d) AUTHORITIES OF LOCAL COORDINATING ENTI24 TY.—The local coordinating entity may, for purposes of 

25 preparing and implementing the management plan— 


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1 (1) prepare reports, studies, interpretive exhib2 its and programs, historic preservation projects, and 

3 other activities recommended in the management 

4 plan for the Heritage Area; 

5 (2) make grants to the State, political subdivi6 sions of the State, nonprofit organizations, and 

7 other persons; 

8 (3) enter into cooperative agreements with the 

9 State, political subdivisions of the State, nonprofit 

10 organizations, and other organizations; 

11 (4) hire and compensate staff; 

12 (5) obtain funds or services from any source, 

13 including funds and services provided under any 

14 Federal program or law, in which case the Federal 

15 share of the cost of any activity assisted using Fed16 eral funds provided for National Heritage Areas 

17 shall not be more than 50 percent; and 

18 (6) contract for goods and services. 

19 SEC. 5. AUTHORITY AND DUTIES OF THE COORDINATING 

20 ENTITY. 

21 (a) MANAGEMENT PLAN.— 

22 (1) REQUIREMENT FOR PLAN.—Not later than 

23 3 years after the date on which funds are first made 

24 available to carry out this Act, the coordinating enti25 ty shall develop and forward to the Secretary a manVerDate Sep 11 2014 23:29 Oct 02, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H4542.IH H4542

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1 agement plan for the heritage area. The manage2 ment plan shall, at a minimum— 

3 (A) provide recommendations for the con4 servation, funding, management, and develop5 ment of the resources of the heritage area; 

6 (B) identify sources of funding for the her7 itage area; 

8 (C) include an inventory of the cultural, 

9 historical, archaeological, natural, and rec10 reational resources of the heritage area; 

11 (D) provide recommendations for edu12 cational and interpretive programs to inform 

13 the public about the resources of the heritage 

14 area; and 

15 (E) include an analysis of ways in which 

16 local, State, Federal, and tribal programs may 

17 best be coordinated to promote the purposes of 

18 this Act. 

19 (2) FISCAL AGENT.—The St. Augustine Light20 house and Museum has been designated as the fiscal 

21 agent for the heritage area. As such, the St. Augus22 tine Lighthouse and Museum shall receive 10 per23 cent of funding received by the heritage area for the 

24 initial 5 years of the existence of the heritage area 

25 to partially offset costs incurred by the St Augustine 


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1 Lighthouse and Museum during the formation of the 

2 heritage area. 

3 (3) COOPERATIVE DEVELOPMENT AND IMPLE4 MENTATION.—The coordinating entity shall develop 

5 and implement the management plan in cooperation 

6 with affected communities and local governments 

7 and shall provide for public involvement in the devel8 opment and implementation of the management 

9 plan. 

10 (4) EFFECT OF NONCOMPLIANCE.—If the co11 ordinating entity fails to submit a management plan 

12 to the Secretary as required by paragraph (1), the 

13 heritage area shall no longer be eligible to receive 

14 Federal funding under this Act until such time as a 

15 plan is submitted to the Secretary. 

16 (5) TIMELINE FOR APPROVAL OF PLAN.—The 

17 Secretary shall approve or disapprove the manage18 ment plan not later than 180 days after the date of 

19 its submission. If the Secretary disapproves the 

20 management plan, the Secretary shall advise the co21 ordinating entity in writing of the reasons therefore 

22 and shall make recommendations for revisions to the 

23 plan. 

24 (6) REVISIONS TO PLAN.—The coordinating en25 tity shall periodically review the management plan 


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1 and submit to the Secretary any recommendations 

2 for proposed revisions to the management plan. Any 

3 major revisions to the management plan must be ap4 proved by the Secretary. 

5 (7) APPROVAL OF REVISIONS.—The Secretary 

6 shall review and approve or disapprove substantial 

7 amendments to the management plan in accordance 

8 with paragraph (5). 

9 (b) AUTHORITY TO PROVIDE ASSISTANCE.—The co10 ordinating entity may make grants and provide technical 

11 assistance to local governments, and other public and pri12 vate entities to carry out the management plan. 

13 (c) DUTIES.—The coordinating entity shall— 

14 (1) give priority in implementing actions set 

15 forth in the management plan; 

16 (2) coordinate with Tribal and local govern17 ments to better enable them to adopt policies con18 sistent with the goals of the management plan; 

19 (3) encourage, by appropriate means, economic 

20 viability in the heritage area consistent with the 

21 goals of the management plan; and 

22 (4) assist Tribal and local governments, non23 profit organizations, and private landowners in— 

24 (A) establishing and maintaining interpre25 tive exhibits in the heritage area; 


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1 (B) developing outdoor recreational re2 sources in the heritage area; 

3 (C) increasing public awareness of, and ap4 preciation for, the natural, cultural, historical, 

5 archaeological, scenic, and outdoor recreational 

6 resources and sites in the heritage area; 

7 (D) the preservation and rehabilitation of 

8 historic structures, archaeological sites, and 

9 natural resources related to the heritage area; 

10 (E) promoting cultural, traditional, and 

11 nature-themed events and attractions in the 

12 heritage area; and 

13 (F) carrying out other actions that the co14 ordinating entity determines appropriate to ful15 fill the purposes of this Act, consistent with the 

16 management plan. 

17 (d) PROHIBITION ON ACQUIRING REAL PROPERTY.— 

18 The coordinating entity may not use Federal funds re19 ceived under this Act to acquire real property or an inter20 est in real property. 

21 (e) PUBLIC MEETINGS.—The coordinating entity 

22 shall hold public meetings at least annually regarding the 

23 implementation of the management plan. 

24 (f) ANNUAL REPORTS AND AUDITS.— 


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1 (1) ANNUAL REPORTS.—For any year in which 

2 the management entity receives Federal funds under 

3 this Act, the coordinating entity shall submit an an4 nual report to the Secretary setting forth accom5 plishments, expenses and income, and each entity to 

6 which any grant was made by the management enti7 ty. 

8 (2) AUDIT.—The management entity shall 

9 make available to the Secretary for audit all records 

10 relating to the expenditure of Federal funds and any 

11 matching funds. The management entity shall also 

12 require, for all agreements authorizing expenditure 

13 of Federal funds by other organizations, that the re14 ceiving organization make available to the Secretary 

15 for audit all records concerning the expenditure of 

16 those funds. 

17 SEC. 6. DUTIES OF THE SECRETARY. 

18 (a) TECHNICAL AND FINANCIAL ASSISTANCE.—The 

19 Secretary may, upon request of the coordinating entity, 

20 provide technical and financial assistance to develop and 

21 implement the management plan. 

22 (b) PRIORITY.—In providing assistance under sub23 section (a), the Secretary shall give priority to actions that 

24 facilitate— 


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1 (1) the conservation and promotion of the sig2 nificant natural, cultural, historical, archaeological, 

3 scenic, and outdoor recreational resources of the her4 itage area; and 

5 (2) the provision of educational, interpretive, 

6 and recreational opportunities consistent with the re7 sources and associated values of the heritage area. 

8 SEC. 7. PRIVATE PROPERTY PROTECTION. 

9 (a) ACCESS TO PRIVATE PROPERTY.—Nothing in 

10 this Act shall be construed to— 

11 (1) require any private property owner to per12 mit public access, including Federal, State, or local 

13 government access, to such private property; or 

14 (2) modify any provision of Federal, State, or 

15 local law with regard to public access to or use of 

16 private lands. 

17 (b) LIABILITY.—Designation of the heritage area 

18 shall not be considered to create any liability, or to have 

19 any effect on any liability under any other law, of any pri20 vate property owner with respect to any persons injured 

21 on such private property. 

22 (c) RECOGNITION OF AUTHORITY TO CONTROL

23 LAND USE.—Nothing in this Act shall be construed to 

24 modify, enlarge, or diminish any authority of Federal, 

25 State, Tribal, or local governments to regulate land use. 


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1 (d) TRUST RESPONSIBILITIES.—Nothing in this Act 

2 shall diminish the Federal Government’s trust responsibil3 ities or government-to-government obligations to a feder4 ally recognized Indian Tribe. 

5 (e) TRIBAL LANDS.—Nothing in this Act shall re6 strict or limit a federally recognized Indian Tribe from 

7 protecting cultural or religious sites on tribal lands. 

8 (f) PARTICIPATION OF PRIVATE PROPERTY OWNERS

9 IN HERITAGE AREA.—Nothing in this Act shall be con10 strued to require the owner of any private property located 

11 within the boundaries of the heritage area to participate 

12 in or be associated with the heritage area. 

13 (g) EFFECT OF ESTABLISHMENT.—The boundaries 

14 designated for the heritage area represent the area within 

15 which Federal funds appropriated for the purpose of this 

16 Act shall be expended. The establishment of the heritage 

17 area and its boundaries shall not be construed to provide 

18 any non-existing regulatory authority on land use or water 

19 use within the heritage area or its viewshed by the Sec20 retary or the coordinating entity. 

21 (h) NOTIFICATION AND CONSENT OF PROPERTY

22 OWNERS REQUIRED.—No privately owned property shall 

23 be preserved, conserved, or promoted by the management 

24 plan for the heritage area until the owner of that private 

25 property has been notified in writing by the coordinating 


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1 entity and has given written consent for such preservation, 

2 conservation, or promotion to the coordinating entity. 

3 (i) LANDOWNER WITHDRAWAL.—Any owner of pri4 vate property located within the boundary of the heritage 

5 area shall have their property immediately removed from 

6 inclusion in the heritage area by submitting a written re7 quest to the coordinating entity. 

8 SEC. 8. SUNSET. 

9 The authority of the Secretary to provide assistance 

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

11 after the date of the enactment of this Act. 

Æ 


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