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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Appalachian Forest 
National Heritage Area Act of 2019’’. 
SEC. 2. FINDINGS; PURPOSES. 
(a) FINDINGS.—Congress finds that— 
(1) the Heritage Area— 
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(4) with respect to the economic development of 
the United States— 
(A) the timber harvesting activities in the 
region helped fuel late 19th century and early 
20th century industrial growth throughout the 
United States; and 
(B) prominent industrialists of the region 
were also active in the national economy; 
(5) workers who participated in the timber 
boom of the region brought a blending of cultures of 
European and African-American immigrants; 
(6) the growth of each community located in 
the region was impacted by the forested central Ap-
palachian Mountains; 
(7) the rich culture of central Appalachia— 
(A) includes folklife, music, dance, crafts, 
and other culturally rich traditions; and 
(B) is inextricably tied to the forest land 
of the region; 
(8) significant historical and cultural sites and 
resources located in the Heritage Area include— 
(A) historic sites from the logging era (in-
cluding the intact logging company town that is 
located at the Cass Scenic Railroad State 
Park); 
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(B) historic sites that evidence conserva-
tion efforts (including structures constructed by 
the Civilian Conservation Corps); 
(C) 5 national historic landmarks; and 
(D) segments of 4 National Scenic Byways 
and 1 All-American Road; 
(9) nationally significant natural and physical 
resources in the Heritage Area include spectacular 
natural, scenic, and recreational resources, featuring 
the core of the central hardwood forest of the United 
States, which— 
(A) as a result of sound forest manage-
ment and conservation of public land, grew 
from the original cutting of the forest; and 
(B) includes— 
(i) the remnants of old growth forests; 
(ii) protected wilderness areas; 
(iii) 14 national natural landmarks; 
(iv) Federal and State forest lands 
that were created to foster the regrowth of 
the forests of the United States, including 
the Monongahela National Forest, and 7 
State forests; 
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(v) experimental forests that dem-
onstrate the evolution of forestry manage-
ment; 
(vi) forests managed by public and 
private entities; and 
(vii) a dynamic forest industry com-
prised of mills that demonstrate the ongo-
ing importance of the forest land and for-
est products to the region; 
(10) local public and private partnerships that 
are based on the visions of the community and re-
gion are working together to promote the steward-
ship, enhancement, and interpretation of the re-
sources of the Heritage Area; 
(11) to promote the goals described in para-
graph (10), local residents, organizations, and gov-
ernments support the establishment of a national 
heritage area; and 
(12) involvement by the Federal Government 
would enhance the efforts to promote the cultural, 
natural, historical, and recreational resources of the 
region that have been made by— 
(A) the States of West Virginia and Mary-
land; 
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(B) political subdivisions of the States of 
West Virginia and Maryland; 
(C) volunteer organizations; and 
(D) private businesses. 
(b) PURPOSES.—The purposes of this Act are— 
(1) to provide a cooperative management frame-
work to the States of West Virginia and Maryland, 
the political subdivisions of those States, and the 
citizens of those States to conserve, enhance, and in-
terpret the significant features of the forest, land, 
water, and structures of the Heritage Area; and 
(2) to foster a close working relationship with 
all levels of government, the private sector, and the 
local communities of the region to enable those com-
munities— 
(A) to conserve the heritage of those com-
munities; and 
(B) to continue to pursue economic oppor-
tunities for those communities. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) HERITAGE
AREA.—The term ‘‘Heritage 
Area’’ means the Appalachian Forest National Her-
itage Area established by section 4(a). 
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(2) LOCAL COORDINATING ENTITY.—The term 
‘‘local coordinating entity’’ means the management 
entity for the Heritage Area as specified in section 
4(d)(1). 
(3) MANAGEMENT PLAN.—The term ‘‘manage-
ment plan’’ means the management plan for the 
Heritage Area developed under section 5(a). 
(4) MAP.—The term ‘‘map’’ means the map en-
titled ‘‘Appalachian Forest National Heritage Area’’, 
numbered T07/80,000, and dated October 2007. 
(5) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(6) STATE.—The term ‘‘State’’ means each of 
the States of— 
(A) Maryland; and 
(B) West Virginia. 
SEC. 4. APPALACHIAN FOREST NATIONAL HERITAGE AREA. 
(a) ESTABLISHMENT.—There is established the Ap-
palachian Forest National Heritage Area. 
(b) BOUNDARIES.—The Heritage Area shall in-
clude— 
(1) the Barbour, Braxton, Grant, Greenbrier, 
Hampshire, Hardy, Mineral, Morgan, Nicholas, Pen-
dleton, Pocahontas, Preston, Randolph, Tucker, 
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Upshur, and Webster Counties of the State of West 
Virginia; and 
(2) the Allegany and Garrett Counties of the 
State of Maryland. 
(c) AVAILABILITY OF MAP.—A map of the Heritage 
Area shall be on file and available for public inspection 
in the appropriate offices of— 
(1) the National Park Service; and 
(2) the local coordinating entity. 
(d) LOCAL COORDINATING ENTITY.—The Appa-
lachian Forest Heritage Area, Inc., shall— 
(1) serve as the local coordinating entity for the 
Heritage Area; 
(2) oversee the development of a management 
plan under section 5(a); and 
(3) be governed by a board of directors from a 
geographic balance across the included counties and 
States and which shall— 
(A) be composed of no fewer than 7 and 
no more than 15 members elected by the mem-
bership; 
(B) be selected to represent a balanced 
group of diverse interests, including— 
(i) forest industry; 
(ii) environmental; 
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(iii) cultural heritage; 
(iv) tourism; and 
(v) regional agency partners; 
(C) exercise all corporate powers of the 
local coordinating entity; 
(D) manage the activities and affairs of 
the local coordinating entity; and 
(E) subject to any limitations in the arti-
cles and bylaws of the local coordinating entity, 
this section, and any other applicable Federal 
or State law, establish the policies of the local 
coordinating entity. 
SEC. 5. MANAGEMENT PLAN. 
(a) IN GENERAL.—Not later than 3 years after the 
date on which funds are first made available to carry out 
this Act, the local coordinating entity shall develop and 
submit to the Secretary for approval a management plan 
for the Heritage Area. 
(b) REQUIREMENTS.—The management plan shall— 
(1) present comprehensive policies, goals, strat-
egies, and recommendations for— 
(A) presenting to the citizens of the United 
States the heritage of the region; and 
(B) encouraging the long-term resource 
conservation, 
enhancement, 
interpretation, 
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funding, management, and development of the 
Heritage Area; 
(2) take into consideration and coordinate Fed-
eral, State, and local plans to present a unified his-
toric preservation and interpretation plan; 
(3) involve residents, public agencies, and pri-
vate organizations of the Heritage Area; 
(4) describe actions that units of government, 
private organizations, and citizens recommend for 
the conservation, enhancement, interpretation, fund-
ing, management, and development of the resources 
of the Heritage Area; 
(5) identify— 
(A) existing and potential sources of Fed-
eral and non-Federal funding for the conserva-
tion, 
enhancement, 
interpretation, 
funding, 
management, and development of the resources 
of the Heritage Area; and 
(B) economic development strategies for 
the conservation, enhancement, interpretation, 
funding, management, and development of the 
resources of the Heritage Area; 
(6) include— 
(A) an inventory of the cultural, natural, 
historical, educational, scenic, and recreational 
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resources contained in the Heritage Area, in-
cluding a list of property that— 
(i) is related to the themes of the 
Heritage Area; and 
(ii) should be conserved, enhanced, 
managed, or developed; 
(B) a recommendation of policies and 
strategies for resource management and con-
servation, including the development of inter-
governmental cooperative agreements to man-
age and conserve the cultural, natural, histor-
ical, educational, scenic, and recreational re-
sources of the Heritage Area; 
(C) a program of strategies and actions to 
implement the management plan that in-
cludes— 
(i) performance goals; 
(ii) resource conservation plans; 
(iii) enhancement strategies; 
(iv) interpretation strategies; and 
(v) specific commitments for imple-
mentation that have been made by the 
local coordinating entity or any govern-
ment, organization, business, or individual; 
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(D) an analysis of, and recommendations 
for, means by which Federal, State, and local 
programs may best be coordinated to further 
the purposes of this Act, including an analysis 
of the role of the National Park Service and 
other Federal agencies associated with the Her-
itage Area; 
(E) a business plan that— 
(i) describes the role, operation, fi-
nancing, and functions of— 
(I) the local coordinating entity; 
and 
(II) each of the major activities 
included in the management plan; and 
(ii) provides adequate assurances that 
the local coordinating entity has the part-
nerships and financial and other resources 
necessary to implement the management 
plan; and 
(F) an interpretive plan for the Heritage 
Area; and 
(7) list any revisions to the boundaries of the 
Heritage Area proposed by the local coordinating en-
tity and requested by the affected local government. 
(c) DEADLINE; TERMINATION OF FUNDING.— 
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(1) DEADLINE.—Not later than 3 years after 
the date on which funds are made available under 
section 11(a), the local coordinating entity shall sub-
mit the management plan to the Secretary for ap-
proval. 
(2) TERMINATION OF FUNDING.—If the man-
agement plan is not submitted to the Secretary in 
accordance with this section, the Secretary shall not 
provide to the local coordinating entity any addi-
tional financial assistance under this Act until the 
management plan is submitted to and approved by 
the Secretary under subsection (d)(1). 
(d) APPROVAL OF MANAGEMENT PLAN.— 
(1) REVIEW.—Not later than 180 days after 
the date of receipt of the management plan under 
subsection (c)(1), the Secretary shall review and ap-
prove or disapprove the management plan. 
(2) CRITERIA.—In determining whether to ap-
prove the management plan, the Secretary shall con-
sider whether— 
(A) the management plan meets all re-
quirements identified in subsection (b); and 
(B) the local coordinating entity has af-
forded adequate opportunity, including public 
hearings, for public and governmental involve-
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ment in the preparation of the management 
plan. 
(e) ACTION FOLLOWING DISAPPROVAL.—If the Sec-
retary disapproves the management plan under subsection 
(d)(1), the Secretary shall— 
(1) advise the local coordinating entity in writ-
ing of the reasons for the disapproval; 
(2) make recommendations for revisions to the 
management plan; and 
(3) not later than 180 days after the date of re-
ceipt of a proposed revision to the management plan, 
approve or disapprove the proposed revision. 
(f) AMENDMENTS.— 
(1) IN GENERAL.—The Secretary shall review 
and approve or disapprove each amendment to the 
management plan that the Secretary determines may 
substantially alter the purposes of the Heritage 
Area. 
(2) USE
OF
FUNDS.—Funds made available 
under this Act shall not be expended by the local co-
ordinating entity to implement an amendment de-
scribed in paragraph (1) until the Secretary ap-
proves the amendment. 
(g) EFFECT OF INACTION.—If the Secretary does not 
approve or disapprove a management plan, revision, or 
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change within 180 days after it is submitted to the Sec-
retary, then the management plan, revision, or change 
shall be deemed to have been approved by the Secretary. 
SEC. 6. AUTHORITIES, DUTIES, AND PROHIBITION OF THE 
LOCAL COORDINATING ENTITY. 
(a) AUTHORITIES.—To prepare and carry out the 
management plan, the local coordinating entity may use 
funds made available under this Act to— 
(1) make grants to— 
(A) political jurisdictions; 
(B) nonprofit organizations; and 
(C) other parties located in the Heritage 
Area; 
(2) enter into cooperative agreements with, or 
provide technical assistance to— 
(A) political jurisdictions; 
(B) nonprofit organizations; 
(C) Federal agencies; and 
(D) other interested parties; 
(3) hire and compensate staff who have dem-
onstrated expertise in the fields of— 
(A) cultural, natural, and historical re-
sources conservation; 
(B) economic and community development; 
(C) forestry; or 
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(D) heritage planning; 
(4) obtain funds from any source (including a 
program that has a cost-sharing requirement); 
(5) contract for goods or services; and 
(6) support activities of partners, and any other 
activities, that— 
(A) further the purposes of the Heritage 
Area; and 
(B) are consistent with the management 
plan approved under section 5(d)(1). 
(b) DUTIES.—In addition to developing the manage-
ment plan, the local coordinating entity shall— 
(1) for any fiscal year for which Federal funds 
have been received by the local coordinating entity 
under this Act— 
(A) submit an annual report to the Sec-
retary that describes— 
(i) the specific performance goals and 
accomplishments of the local coordinating 
entity; 
(ii) the expenses and income of the 
local coordinating entity; 
(iii) the amounts and sources of 
matching funds; 
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(iv) the amounts leveraged with Fed-
eral funds and the sources of the 
leveraging; and 
(v) any grants made to any other enti-
ties during the fiscal year; and 
(B) make available for audit by Congress, 
the Secretary, and appropriate units of govern-
ment, all records pertaining to the expenditure 
of the funds and any matching funds; and 
(2) encourage, by appropriate means and con-
sistent with the purposes of the Heritage Area, the 
economic viability of the Heritage Area. 
(c) PROHIBITION ON THE ACQUISITION OF REAL 
PROPERTY.—The local coordinating entity shall not use 
Federal funds made available under this Act to acquire 
real property or any interest in real property. 
SEC. 7. AUTHORITIES AND DUTIES OF THE SECRETARY. 
(a) TECHNICAL AND FINANCIAL ASSISTANCE.—On 
request of the local coordinating entity, the Secretary may 
provide technical and financial assistance, on a reimburs-
able or nonreimbursable basis, to the local coordinating 
entity for— 
(1) the development and implementation of the 
management plan; and 
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(2) other initiatives of the local coordinating en-
tity. 
(b) COOPERATIVE AGREEMENTS.— 
(1) IN GENERAL.—To carry out this Act, the 
Secretary may enter into cooperative agreements 
with the local coordinating entity and other public 
and private entities to provide assistance under sub-
section (a). 
(2) REQUIREMENTS.—The cooperative agree-
ment under paragraph (1) shall, at a minimum— 
(A) establish the goals and objectives of 
the Heritage Area; and 
(B) include— 
(i) a proposal relating to the conserva-
tion and interpretation of the Heritage 
Area; and 
(ii) a general outline describing each 
measure agreed to by the Secretary and 
the local coordinating entity. 
SEC. 8. RELATIONSHIP TO OTHER FEDERAL AGENCIES. 
(a) IN GENERAL.—This Act shall not affect the au-
thority of any Federal official to provide technical or fi-
nancial assistance under any other law. 
(b) CONSULTATION AND COORDINATION.—The head 
of any Federal agency planning to conduct an activity that 
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may have an impact on the Heritage Area shall, to the 
maximum extent practicable— 
(1) consult with the Secretary and the local co-
ordinating entity regarding the activity; and 
(2) coordinate the activity with the Secretary 
and the local coordinating entity. 
(c) EFFECT ON OTHER FEDERAL AGENCIES.—Noth-
ing in this Act— 
(1) modifies, alters, or amends any law (includ-
ing a regulation) authorizing a Federal agency to 
manage Federal land under the jurisdiction of the 
Federal agency; 
(2) limits the discretion of a Federal land man-
ager to implement an approved land use plan within 
the boundaries of the Heritage Area; or 
(3) modifies, alters, or amends any authorized 
use of Federal land under the jurisdiction of a Fed-
eral agency. 
SEC. 9. PROPERTY OWNERS AND REGULATORY PROTEC-
TIONS. 
Nothing in this Act shall be construed to— 
(1) abridge the rights of any property owner, 
whether public or private, including the right to re-
frain from participating in any plan, project, pro-
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gram, or activity conducted within the Heritage 
Area; 
(2) require any property owner to permit public 
access (including Federal, Tribal, State, or local gov-
ernment 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 regu-
latory authority of any Federal, State, or local agen-
cy or Tribal government, or to convey any land use 
or other regulatory authority to any local coordi-
nating entity; 
(4) authorize or imply the reservation or appro-
priation of water or water rights; 
(5) diminish the authority of the State to man-
age fish and wildlife including the regulation of fish-
ing and hunting within the Heritage Area; 
(6) create any liability, or to 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; or 
(7) abridge, or authorize the Secretary or the 
local coordinating entity to abridge, valid rights to 
timber harvesting. 
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SEC. 10. EVALUATION. 
(a) IN GENERAL.—Not later than 3 years before the 
date on which authority for Federal funding terminates 
for the Heritage Area, the Secretary shall conduct an eval-
uation of the accomplishments of the Heritage Area and 
prepare a report with recommendations for the National 
Park Service’s future role, if any, with respect to the Her-
itage Area. 
(b) EVALUATION COMPONENTS.—An evaluation pre-
pared under subsection (a) shall— 
(1) assess the progress of the local coordinating 
entity with respect to— 
(A) accomplishing the purposes of the au-
thorizing legislation for the Heritage Area; and 
(B) achieving the goals and objectives of 
the approved management plan for the Heritage 
Area; 
(2) analyze the Federal, State, local, and pri-
vate investments in the Heritage Area to determine 
the leverage and impact of the investments; and 
(3) review the management structure, partner-
ship relationships, and funding of the Heritage Area 
for purposes of identifying the critical components 
for sustainability of the Heritage Area. 
(c) RECOMMENDATIONS.—Based upon the evaluation 
under subsection (a), the Secretary shall prepare a report 
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with recommendations for the National Park Service’s fu-
ture role, if any, with respect to the Heritage Area. 
(d) SUBMISSION TO CONGRESS.—On completion of a 
report under subsection (c), the Secretary shall submit the 
report to— 
(1) the Committee on Energy and Natural Re-
sources of the Senate; and 
(2) the Committee on Natural Resources of the 
House of Representatives. 
SEC. 11. FUNDING. 
(a) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this Act 
$10,000,000, of which not more than $1,000,000 may be 
authorized to be appropriated for any fiscal year. 
(b) MATCHING FUNDS.— 
(1) IN GENERAL.—As a condition of receiving 
assistance under subsection (a), the local coordi-
nating entity shall match any amounts provided to 
the local coordinating entity under this Act. 
(2) FORMS OF PAYMENT.—To meet the match-
ing requirement described in paragraph (1), the local 
coordinating entity shall provide to the Secretary 
payments that— 
(A) shall be derived from non-Federal 
sources; and 
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(B) may be in-kind contributions of goods 
or services. 
SEC. 12. TERMINATION OF AUTHORITY. 
(a) IN GENERAL.—Subject to subsection (b), the au-
thority of the Secretary to provide financial assistance 
under this Act terminates on the date that is 15 years 
after the date of enactment of this Act. 
(b) EXCEPTION.—The termination of authority of the 
Secretary under subsection (a) shall not effect the author-
ity of the Secretary to provide to the local coordinating 
entity technical assistance and administrative oversight. 
Æ 
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