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) in-
troduced the following bill; which was referred to the Committee on Nat-
ural Resources 
A BILL 
To establish the Nation’s Oldest Port National Heritage 
Area in the State of Florida, 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 ‘‘Nation’s Oldest Port 
National Heritage Area Act’’. 
SEC. 2. CONGRESSIONAL FINDINGS. 
Congress finds the following: 
(1) The Nation’s Oldest Port region of north-
east Florida holds a mosaic of cultures and maritime 
heritage that includes Native Americans, whose her-
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itage reaches back some 9,000 years, and the de-
scendants of European and American explorers and 
settlers, who shaped the region, its land, customs, 
and traditions from 1513 to the present day and 
have made indelible contributions to American and 
World history. 
(2) The Nation’s Oldest Port region expresses 
a combination of cultures, maritime heritage, Atlan-
tic and World history, cultural diversity, traditions, 
arts, architecture, transportation corridors, and 
coastal and ocean resources that makes this geo-
graphic area a unique and distinctive coastal land-
scape in the United States. 
(3) The area contains the Nation’s Oldest Port, 
and a series of interconnected waterways that in-
clude the St. Mary’s River, the St. Johns River, 
Tolomato and Matanzas Rivers, Pellicer Creek wa-
tershed, and the numerous diverse and spectacular 
historic, cultural, natural, scenic and recreational re-
sources, including the designated national treasures 
of Timucuan Ecological and Historical Preserve, 
Guana Tolomato Matanzas National Estuarine Re-
search Reserve, the Castillo de San Marcos National 
Monument, and Fort Matanzas National Monument. 
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(4) There is broad support expressed as resolu-
tions, letters, and in public meetings from local gov-
ernments, State parks, and many local planning and 
community groups, chambers of commerce, business 
associations, museums, historical societies and asso-
ciations, nature conservation groups, agricultural in-
terests, private property owners, and other inter-
ested individuals to establish a National Heritage 
Area to coordinate and to assist in the preservation, 
interpretation, promotion, and enjoyment of these 
resources. 
(5) Establishment of a National Heritage Area 
in northeast Florida would assist local communities, 
residents, and property owners in preserving these 
unique and nationally distinctive cultural, historical, 
and natural resources. 
SEC. 3. DEFINITIONS. 
As used in this Act: 
(1) HERITAGE
AREA.—The term ‘‘heritage 
area’’ means the Nation’s Oldest Port National Her-
itage Area. 
(2) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
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(3) COORDINATING
ENTITY.—The term ‘‘co-
ordinating entity’’ means the Nation’s Oldest Port 
Heritage Area Alliance, Inc. 
SEC. 4. NATION’S OLDEST PORT NATIONAL HERITAGE 
AREA. 
(a) ESTABLISHMENT.—There is hereby established 
the Nation’s Oldest Port National Heritage Area in the 
State of Florida. 
(b) BOUNDARIES.—The heritage area shall include 
natural watersheds in Nassau, Duval, St. Johns, and 
Flagler counties, Florida, as depicted on the map, entitled 
‘‘Nation’s Oldest Port National Heritage Area,’’ num-
bered ll and dated ll. 
(c) COORDINATING ENTITY.— 
(1) IN
GENERAL.—The Nation’s Oldest Port 
Heritage Area Alliance, Inc., a nonprofit organiza-
tion which is exempt from taxation under section 
501(c)(3) of the Internal Revenue Code of 1986, 
chartered in the State of Florida, shall serve as the 
coordinating entity for the heritage area. 
(2) BOARD OF DIRECTORS.—The board of di-
rectors of the coordinating entity shall be— 
(A) selected in accordance with the bylaws 
of the coordinating entity, which have been ap-
proved by the heritage area working group; and 
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(B) responsible for planning, fundraising, 
staff oversight, and final selection of projects 
and programs supported by the heritage area. 
(3) COMMITTEES.—The board of directors may 
establish committees to— 
(A) advise and assist the board of directors 
of the coordinating entity; 
(B) represent a broad range of local inter-
ests, such as municipalities, culture, arts, archi-
tecture, agriculture, archaeology, historic pres-
ervation, maritime heritage, nature conserva-
tion, education, parks, outdoor recreation, tour-
ism, 
economic 
development, 
lodging, 
res-
taurants, transportation, private landowners, 
and water quality; 
(C) review and suggest projects and pro-
grams for funding and other assistance from 
the heritage area; and 
(D) identify potential partnerships between 
the heritage area and government agencies, 
nonprofits, the private sector, and other local 
stakeholders to help achieve long-term goals. 
(d) AUTHORITIES OF LOCAL COORDINATING ENTI-
TY.—The local coordinating entity may, for purposes of 
preparing and implementing the management plan— 
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(1) prepare reports, studies, interpretive exhib-
its and programs, historic preservation projects, and 
other activities recommended in the management 
plan for the Heritage Area; 
(2) make grants to the State, political subdivi-
sions of the State, nonprofit organizations, and 
other persons; 
(3) enter into cooperative agreements with the 
State, political subdivisions of the State, nonprofit 
organizations, and other organizations; 
(4) hire and compensate staff; 
(5) obtain funds or services from any source, 
including funds and services provided under any 
Federal program or law, in which case the Federal 
share of the cost of any activity assisted using Fed-
eral funds provided for National Heritage Areas 
shall not be more than 50 percent; and 
(6) contract for goods and services. 
SEC. 5. AUTHORITY AND DUTIES OF THE COORDINATING 
ENTITY. 
(a) MANAGEMENT PLAN.— 
(1) REQUIREMENT FOR PLAN.—Not later than 
3 years after the date on which funds are first made 
available to carry out this Act, the coordinating enti-
ty shall develop and forward to the Secretary a man-
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agement plan for the heritage area. The manage-
ment plan shall, at a minimum— 
(A) provide recommendations for the con-
servation, funding, management, and develop-
ment of the resources of the heritage area; 
(B) identify sources of funding for the her-
itage area; 
(C) include an inventory of the cultural, 
historical, archaeological, natural, and rec-
reational resources of the heritage area; 
(D) provide recommendations for edu-
cational and interpretive programs to inform 
the public about the resources of the heritage 
area; and 
(E) include an analysis of ways in which 
local, State, Federal, and tribal programs may 
best be coordinated to promote the purposes of 
this Act. 
(2) FISCAL AGENT.—The St. Augustine Light-
house and Museum has been designated as the fiscal 
agent for the heritage area. As such, the St. Augus-
tine Lighthouse and Museum shall receive 10 per-
cent of funding received by the heritage area for the 
initial 5 years of the existence of the heritage area 
to partially offset costs incurred by the St Augustine 
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Lighthouse and Museum during the formation of the 
heritage area. 
(3) COOPERATIVE DEVELOPMENT AND IMPLE-
MENTATION.—The coordinating entity shall develop 
and implement the management plan in cooperation 
with affected communities and local governments 
and shall provide for public involvement in the devel-
opment and implementation of the management 
plan. 
(4) EFFECT OF NONCOMPLIANCE.—If the co-
ordinating entity fails to submit a management plan 
to the Secretary as required by paragraph (1), the 
heritage area shall no longer be eligible to receive 
Federal funding under this Act until such time as a 
plan is submitted to the Secretary. 
(5) TIMELINE FOR APPROVAL OF PLAN.—The 
Secretary shall approve or disapprove the manage-
ment plan not later than 180 days after the date of 
its submission. If the Secretary disapproves the 
management plan, the Secretary shall advise the co-
ordinating entity in writing of the reasons therefore 
and shall make recommendations for revisions to the 
plan. 
(6) REVISIONS TO PLAN.—The coordinating en-
tity shall periodically review the management plan 
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and submit to the Secretary any recommendations 
for proposed revisions to the management plan. Any 
major revisions to the management plan must be ap-
proved by the Secretary. 
(7) APPROVAL OF REVISIONS.—The Secretary 
shall review and approve or disapprove substantial 
amendments to the management plan in accordance 
with paragraph (5). 
(b) AUTHORITY TO PROVIDE ASSISTANCE.—The co-
ordinating entity may make grants and provide technical 
assistance to local governments, and other public and pri-
vate entities to carry out the management plan. 
(c) DUTIES.—The coordinating entity shall— 
(1) give priority in implementing actions set 
forth in the management plan; 
(2) coordinate with Tribal and local govern-
ments to better enable them to adopt policies con-
sistent with the goals of the management plan; 
(3) encourage, by appropriate means, economic 
viability in the heritage area consistent with the 
goals of the management plan; and 
(4) assist Tribal and local governments, non-
profit organizations, and private landowners in— 
(A) establishing and maintaining interpre-
tive exhibits in the heritage area; 
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(B) developing outdoor recreational re-
sources in the heritage area; 
(C) increasing public awareness of, and ap-
preciation for, the natural, cultural, historical, 
archaeological, scenic, and outdoor recreational 
resources and sites in the heritage area; 
(D) the preservation and rehabilitation of 
historic structures, archaeological sites, and 
natural resources related to the heritage area; 
(E) promoting cultural, traditional, and 
nature-themed events and attractions in the 
heritage area; and 
(F) carrying out other actions that the co-
ordinating entity determines appropriate to ful-
fill the purposes of this Act, consistent with the 
management plan. 
(d) PROHIBITION ON ACQUIRING REAL PROPERTY.— 
The coordinating entity may not use Federal funds re-
ceived under this Act to acquire real property or an inter-
est in real property. 
(e) PUBLIC MEETINGS.—The coordinating entity 
shall hold public meetings at least annually regarding the 
implementation of the management plan. 
(f) ANNUAL REPORTS AND AUDITS.— 
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(1) ANNUAL REPORTS.—For any year in which 
the management entity receives Federal funds under 
this Act, the coordinating entity shall submit an an-
nual report to the Secretary setting forth accom-
plishments, expenses and income, and each entity to 
which any grant was made by the management enti-
ty. 
(2) AUDIT.—The management entity shall 
make available to the Secretary for audit all records 
relating to the expenditure of Federal funds and any 
matching funds. The management entity shall also 
require, for all agreements authorizing expenditure 
of Federal funds by other organizations, that the re-
ceiving organization make available to the Secretary 
for audit all records concerning the expenditure of 
those funds. 
SEC. 6. DUTIES OF THE SECRETARY. 
(a) TECHNICAL AND FINANCIAL ASSISTANCE.—The 
Secretary may, upon request of the coordinating entity, 
provide technical and financial assistance to develop and 
implement the management plan. 
(b) PRIORITY.—In providing assistance under sub-
section (a), the Secretary shall give priority to actions that 
facilitate— 
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(1) the conservation and promotion of the sig-
nificant natural, cultural, historical, archaeological, 
scenic, and outdoor recreational resources of the her-
itage area; and 
(2) the provision of educational, interpretive, 
and recreational opportunities consistent with the re-
sources and associated values of the heritage area. 
SEC. 7. PRIVATE PROPERTY PROTECTION. 
(a) ACCESS
TO PRIVATE PROPERTY.—Nothing in 
this Act shall be construed to— 
(1) require any private property owner to per-
mit public access, including Federal, State, or local 
government access, to such private property; or 
(2) modify any provision of Federal, State, or 
local law with regard to public access to or use of 
private lands. 
(b) LIABILITY.—Designation of the heritage area 
shall not be considered to create any liability, or to have 
any effect on any liability under any other law, of any pri-
vate property owner with respect to any persons injured 
on such private property. 
(c) RECOGNITION
OF AUTHORITY TO CONTROL 
LAND USE.—Nothing in this Act shall be construed to 
modify, enlarge, or diminish any authority of Federal, 
State, Tribal, or local governments to regulate land use. 
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(d) TRUST RESPONSIBILITIES.—Nothing in this Act 
shall diminish the Federal Government’s trust responsibil-
ities or government-to-government obligations to a feder-
ally recognized Indian Tribe. 
(e) TRIBAL LANDS.—Nothing in this Act shall re-
strict or limit a federally recognized Indian Tribe from 
protecting cultural or religious sites on tribal lands. 
(f) PARTICIPATION OF PRIVATE PROPERTY OWNERS 
IN HERITAGE AREA.—Nothing in this Act shall be con-
strued to require the owner of any private property located 
within the boundaries of the heritage area to participate 
in or be associated with the heritage area. 
(g) EFFECT OF ESTABLISHMENT.—The boundaries 
designated for the heritage area represent the area within 
which Federal funds appropriated for the purpose of this 
Act shall be expended. The establishment of the heritage 
area and its boundaries shall not be construed to provide 
any non-existing regulatory authority on land use or water 
use within the heritage area or its viewshed by the Sec-
retary or the coordinating entity. 
(h) NOTIFICATION
AND CONSENT
OF PROPERTY 
OWNERS REQUIRED.—No privately owned property shall 
be preserved, conserved, or promoted by the management 
plan for the heritage area until the owner of that private 
property has been notified in writing by the coordinating 
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entity and has given written consent for such preservation, 
conservation, or promotion to the coordinating entity. 
(i) LANDOWNER WITHDRAWAL.—Any owner of pri-
vate property located within the boundary of the heritage 
area shall have their property immediately removed from 
inclusion in the heritage area by submitting a written re-
quest to the coordinating entity. 
SEC. 8. SUNSET. 
The authority of the Secretary to provide assistance 
under this Act terminates on the date that is 15 years 
after the date of the enactment of this Act. 
Æ 
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