[House Report 116-601]
[From the U.S. Government Publishing Office]


116th Congress  }                                              {   Report
                        HOUSE OF REPRESENTATIVES
 2d Session     }                                              {  116-601

======================================================================



 
                   NATIONAL HERITAGE AREA ACT OF 2020

                                _______
                                

 November 19, 2020.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

 Mr. Grijalva, from the Committee on Natural Resources, submitted the 
                               following

                              R E P O R T

                             together with

                            ADDITIONAL VIEWS

                        [To accompany H.R. 1049]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 1049) to authorize a National Heritage Area 
Program, and for other purposes, having considered the same, 
reports favorably thereon with an amendment and recommends that 
the bill as amended do pass.
    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``National Heritage 
Area Act of 2020''.
  (b) Table of Contents.--The table of contents of 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.

SEC. 2. DEFINITIONS.

  In this Act:
          (1) Feasibility study.--The term ``feasibility study'' means 
        a study conducted by the Secretary, or conducted by one or more 
        other interested parties and reviewed and approved by the 
        Secretary, in accordance with the criteria and processes 
        required by section 5, to determine whether a study area meets 
        the criteria to be designated by Federal statute as a National 
        Heritage Area.
          (2) Indian tribe.--The term ``Indian Tribe'' means any Indian 
        or Alaska Native tribe, band, nation, pueblo, village, or other 
        community the name of which is included on the list most 
        recently published by the Secretary of the Interior pursuant to 
        section 104 of the Federally Recognized Indian Tribe List Act 
        of 1994 (25 U.S.C. 5131).
          (3) Local coordinating entity.--The term ``local coordinating 
        entity'' means the entity designated by Federal statute to--
                  (A) carry out, in partnership with other individuals 
                and entities, the management plan for a National 
                Heritage Area; and
                  (B) operate a National Heritage Area, including 
                through the implementation of projects and programs 
                among diverse partners in a National Heritage Area.
          (4) Management plan.--The term ``management plan'' means the 
        management plan for a National Heritage Area required under 
        this Act.
          (5) National heritage area.--The term ``National Heritage 
        Area'' means--
                  (A) each National Heritage Area, National Heritage 
                Corridor, Natural Preservation Commission, National 
                Heritage Canalway, National Heritage Route, Heritage 
                Corridor, Cultural Heritage Corridor, Heritage 
                Partnership, and National Heritage Partnership, the 
                Shenandoah Valley Battlefields National Historic 
                District, or other area designated by Federal statute 
                with the explicit purpose of establishing a national 
                heritage area designated by Congress before or on the 
                date of enactment of this Act; and
                  (B) each National Heritage Area designated by Federal 
                statute after the date of enactment of this Act, unless 
                the law designating the area exempts that area from the 
                National Heritage Area System by specific reference to 
                this Act.
          (6) National heritage area system.--The term ``National 
        Heritage Area System'' means the system of National Heritage 
        Areas established by this Act.
          (7) Secretary.--The term ``Secretary'' means the Secretary of 
        the Interior.
          (8) Study area.--The term ``study area'' means a specific 
        geographic area that is the subject of a feasibility study 
        under section 5.
          (9) Tribal government.--The term ``Tribal government'' means 
        the governing body of an Indian Tribe.

SEC. 3. NATIONAL HERITAGE AREA SYSTEM.

  (a) In General.--In order to recognize certain areas of the United 
States that tell nationally significant stories and to conserve, 
enhance, and interpret the areas' natural, historic, scenic, and 
cultural resources that together illustrate significant aspects of our 
country's heritage, there is established a National Heritage Area 
System through which the Secretary may provide technical and financial 
assistance to local coordinating entities to support the establishment, 
development, and continuity of National Heritage Areas.
  (b) National Heritage Area System.--The National Heritage Area System 
shall be composed of all National Heritage Areas.
  (c) Relationship to the National Park System.--
          (1) Relationship to national park units.--The Secretary shall 
        encourage participation and assistance by any unit of the 
        National Park System located near or encompassed by any 
        National Heritage Area in local initiatives for that National 
        Heritage Area that conserve and interpret resources consistent 
        with an approved management plan for the National Heritage 
        Area.
          (2) Applicability of laws.--National Heritage Areas shall not 
        be--
                  (A) considered to be units of the National Park 
                System; or
                  (B) subject to the authorities applicable to units of 
                the National Park System.

SEC. 4. NATIONAL HERITAGE AREA SYSTEM MANAGEMENT.

  (a) Management Plan.--
          (1) In general.--Not later than 3 years after a National 
        Heritage Area is included in the National Heritage Area System 
        outlined by this Act, the local coordinating entity of the 
        National Heritage Area shall submit to the Secretary for 
        approval a management plan for the National Heritage Area.
          (2) Requirements.--The management plan shall--
                  (A) incorporate an integrated and cooperative 
                approach for the protection, enhancement, and 
                interpretation of the natural, cultural, historic, 
                scenic, and recreational resources of the National 
                Heritage Area;
                  (B) be developed using a comprehensive planning 
                approach that includes--
                          (i) opportunities for stakeholders, including 
                        community members, local and regional 
                        governments, Tribal governments, businesses, 
                        nonprofit organizations, and other interested 
                        parties--
                                  (I) to be involved in the planning 
                                process; and
                                  (II) to review and comment on draft 
                                management plans; and
                          (ii) documentation of the planning and public 
                        participation processes, including a 
                        description of--
                                  (I) the means by which the management 
                                plan was prepared;
                                  (II) the stakeholders involved in the 
                                process; and
                                  (III) the timing and method of 
                                stakeholder involvement;
                  (C) include--
                          (i) an inventory of--
                                  (I) the resources located in the 
                                National Heritage Area; and
                                  (II) any other property in the 
                                National Heritage Area that--
                                          (aa) is related to the themes 
                                        of the National Heritage Area; 
                                        and
                                          (bb) should be preserved, 
                                        restored, managed, or 
                                        maintained because of the 
                                        significance of the property;
                          (ii) comprehensive policies, strategies and 
                        recommendations for the conservation, funding, 
                        management, and development of the National 
                        Heritage Area;
                          (iii) a description of actions that the 
                        Federal, Tribal, State, and local governments, 
                        private organizations, and individuals have 
                        agreed to take to protect the natural, 
                        historical, cultural, scenic, and recreational 
                        resources of the National Heritage Area;
                          (iv) a program of implementation for the 
                        management plan by the local coordinating 
                        entity that includes a description of--
                                  (I) actions to facilitate ongoing 
                                collaboration among partners to promote 
                                plans for resource protection, 
                                restoration, and construction; and
                                  (II) specific commitments for 
                                implementation that have been made by 
                                the local coordinating entity or any 
                                government, organization, or individual 
                                for the first 5 years of operation;
                          (v) the identification of sources of funding 
                        for carrying out the management plan;
                          (vi) analysis and recommendations for means 
                        by which Federal, Tribal, State, and local 
                        programs, including the role of the National 
                        Park Service in the National Heritage Area, may 
                        best be coordinated to carry out this 
                        subsection; and
                          (vii) an interpretive plan for the National 
                        Heritage Area; and
                  (D) recommend policies and strategies for resource 
                management that consider and detail the application of 
                appropriate land and water management techniques, 
                including the development of intergovernmental and 
                interagency cooperative agreements to protect the 
                natural, historical, cultural, educational, scenic, and 
                recreational resources of the National Heritage Area.
          (3) Exceptions.--The requirements in paragraph (2) shall not 
        apply to management plans in effect on the date of the 
        enactment of this Act.
  (b) Evaluations.--
          (1) In general.--Not later than 1 year before the 
        authorization for Federal funding expires for a National 
        Heritage Area, the Secretary shall--
                  (A) conduct an evaluation of the accomplishments of 
                that National Heritage Area; and
                  (B) prepare and submit a report detailing the 
                evaluation required by subparagraph (A) to--
                          (i) the Committee on Natural Resources of the 
                        House of Representatives; and
                          (ii) the Committee on Energy and Natural 
                        Resources of the Senate.
          (2) Evaluation components.--An evaluation prepared under 
        paragraph (1) shall--
                  (A) assess the progress of the local coordinating 
                entity with respect to--
                          (i) accomplishing the purposes of the 
                        authorizing legislation for the National 
                        Heritage Area; and
                          (ii) achieving the goals and objectives of 
                        the approved management plan for the National 
                        Heritage Area;
                  (B) analyze the Federal, Tribal, State, local, and 
                private investments in the National Heritage Area to 
                assess the impact of the investments; and
                  (C) review the management structure, partnership 
                relationships, and funding of the National Heritage 
                Area.
          (3) Results of evaluation.--Based upon the evaluation under 
        paragraph (1), the Secretary shall prepare a report with 
        recommendations for the National Park Service's continued role, 
        if any, with respect to the National Heritage Area. If the 
        report recommends that Federal funding for the National 
        Heritage Area be--
                  (A) continued, the report shall include an analysis 
                of--
                          (i) ways in which Federal funding for the 
                        National Heritage Area may be reduced or 
                        eliminated over time;
                          (ii) the appropriate time period necessary to 
                        achieve the recommended reduction or 
                        elimination; and
                          (iii) justification for the continued funding 
                        in light of other National Park Service core 
                        responsibilities and priorities; or
                  (B) eliminated, the report shall include a 
                description of potential impacts on conservation, 
                interpretation, and sustainability of the National 
                Heritage Area.
          (4) Updates; additional evaluations.--
                  (A) Updates.--The Secretary may satisfy the 
                requirement under paragraph (1) for a National Heritage 
                Area by updating an evaluation that was completed for 
                that National Heritage Area not more than 5 years 
                before another evaluation would otherwise be required 
                under paragraph (1).
                  (B) Additional evaluations.--The Secretary may 
                conduct additional evaluations as the Secretary deems 
                appropriate.
  (c) Coordination.--The head of any Federal agency planning to conduct 
activities that may have an impact on a designated National Heritage 
Area is encouraged to consult and coordinate these activities with the 
Secretary and the local coordinating entity to the maximum extent 
practicable.

SEC. 5. STUDY AREAS.

  (a) Feasibility Studies.--
          (1) In general.--The Secretary may carry out or certify a 
        study to assess the suitability and feasibility of designating 
        a specific geographic area as a National Heritage Area to be 
        included in the National Heritage Area System.
          (2) Preparation.--The feasibility study shall be carried 
        out--
                  (A) by the Secretary in consultation with Tribal, 
                State, and local historic preservation officers, State 
                and local historical societies, State and local tourism 
                offices, and other appropriate organizations and 
                governmental agencies; or
                  (B) by interested individuals or entities, if the 
                Secretary certifies that the completed study meets the 
                requirements of paragraph (4).
          (3) Certification.--Not later than 1 year after receiving a 
        study carried out by interested individuals or entities under 
        paragraph (2)(B) the Secretary shall review and certify whether 
        the study meets the requirements of paragraph (4).
          (4) Requirements.--A study under paragraph (1) shall include 
        analysis, documentation, and determination on whether the study 
        area--
                  (A) has an assemblage of natural, historic, and 
                cultural resources that--
                          (i) represent distinct aspects of the 
                        heritage of the United States;
                          (ii) are worthy of recognition, conservation, 
                        interpretation, and continuing use; and
                          (iii) would be best managed--
                                  (I) through partnerships among public 
                                and private entities; and
                                  (II) by linking diverse and sometimes 
                                noncontiguous resources;
                  (B) reflects traditions, customs, beliefs, and 
                folklife that are a valuable part of the story of the 
                United States;
                  (C) provides outstanding opportunities--
                          (i) to conserve natural, historic, cultural, 
                        or scenic features; and
                          (ii) for recreation and education;
                  (D) contains resources that--
                          (i) are important to any identified themes of 
                        the study area; and
                          (ii) retain a degree of integrity capable of 
                        supporting interpretation;
                  (E) includes Tribal governments, residents, business 
                interests, nonprofit organizations, and State and local 
                governments that--
                          (i) are involved in the planning of the study 
                        area;
                          (ii) have developed a conceptual financial 
                        plan that outlines the roles of all 
                        participants in the study area, including the 
                        Federal Government; and
                          (iii) have demonstrated support for the 
                        designation of the study area;
                  (F) has a potential local coordinating entity to work 
                in partnership with the individuals and entities 
                described in paragraph (1) to develop the study area 
                while encouraging State and local economic activity; 
                and
                  (G) has a conceptual boundary map that is supported 
                by the public.
  (b) Report.--
          (1) In general.--For each study carried out under subsection 
        (a), the Secretary shall submit to the Committee on Natural 
        Resources of the House of Representatives and the Committee on 
        Energy and Natural Resources of the Senate a report that 
        describes--
                  (A) the findings of the study described in subsection 
                (a) for that study area; and
                  (B) any conclusions and recommendations of the 
                Secretary.
          (2) Timing.--
                  (A) With respect to a study carried out by the 
                Secretary in accordance with paragraph (2)(A)(i), the 
                Secretary shall submit a report under subparagraph (A) 
                not later than 3 years after the date on which funds 
                are first made available to carry out the study.
                  (B) With respect to a study carried out by interested 
                individuals or entities in accordance with paragraph 
                (2)(A)(ii), the Secretary shall submit a report under 
                subparagraph (A) not later than 180 days after the date 
                on which the Secretary certifies under paragraph (2)(B) 
                that the study meets the requirements of paragraph (3).

SEC. 6. LOCAL COORDINATING ENTITIES.

  (a) Duties.--For any year that Federal funds have been made available 
under this Act for a National Heritage Area, the local coordinating 
entity for that National Heritage Area shall--
          (1) submit to the Secretary an annual report that describes 
        the activities, expenses, and income of the local coordinating 
        entity (including grants to any other entities during the year 
        that the report is made);
          (2) make available to the Secretary for audit all records 
        relating to the expenditure of Federal funds and any matching 
        funds; and
          (3) require, with respect to all agreements authorizing 
        expenditure of Federal funds by other organizations, that the 
        organizations receiving the funds make available to the 
        Secretary for audit all records concerning the expenditure of 
        the funds.
  (b) Authorities.--The local coordinating entity may, subject to the 
prior approval of the Secretary, for the purposes of preparing and 
implementing the approved management plan for the National Heritage 
Area, use Federal funds made available through this Act to--
          (1) make grants to Indian Tribes, a State, a local 
        government, nonprofit organizations, and other parties within 
        the National Heritage Area;
          (2) enter into cooperative agreements with or provide 
        technical assistance to the Indian Tribes, State, a local 
        government, nonprofit organizations, Federal agencies, and 
        other interested parties;
          (3) hire and compensate staff, which may include individuals 
        with expertise in natural, cultural, and historic resources 
        conservation; economic and community development; and heritage 
        planning;
          (4) obtain money or services, including those provided under 
        other Federal laws or programs;
          (5) contract for goods or services; and
          (6) support activities of partners and any other activities 
        that further the purposes of the National Heritage Area and are 
        consistent with the approved management plan.
  (c) Prohibitions on the Acquisition of Real Property.--The local 
coordinating entity may not use Federal funds received under this Act 
to acquire real property or any interest in real property.

SEC. 7. PROPERTY OWNERS AND REGULATORY PROTECTIONS.

  Nothing in this Act shall be construed to--
          (1) abridge the rights of any property owner, whether public 
        or private, including the right to refrain from participating 
        in any plan, project, program, or activity conducted within the 
        National Heritage Area;
          (2) require any property owner to permit public access 
        (including Federal, Tribal, State, or local government 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 regulatory authority of any 
        Federal, Tribal, or State, or local government, or to convey 
        any land use or other regulatory authority to any local 
        coordinating entity;
          (4) authorize or imply the reservation or appropriation of 
        water or water rights;
          (5) diminish the authority of the State to manage fish and 
        wildlife including the regulation of fishing and hunting within 
        the National Heritage Area;
          (6) create any liability, or 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;
          (7) affect the authority of any Federal official to provide 
        technical or financial assistance under any other law;
          (8) modify any law or regulation authorizing Federal 
        officials to manage Federal land under their control or limit 
        the discretion of Federal land managers to implement approved 
        land use plans within the boundaries of a National Heritage 
        Area, nor shall this Act be construed to modify, alter, or 
        amend any authorized uses of these Federal lands; or
          (9) enlarge or diminish the treaty rights of any Indian Tribe 
        within the National Heritage Area.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

  (a) In General.--Notwithstanding any other provision of law, for each 
of fiscal years 2020 through 2034, there is authorized to be 
appropriated not more than $750,000 for each National Heritage Area.
  (b) Availability.--Amounts made available under subsection (a) shall 
remain available until expended.
  (c) Cost-sharing Requirement.--
          (1) Federal share.--Notwithstanding any other provision of 
        law, including any law designating a National Heritage Area, 
        the Federal share of the total cost of any activity funded with 
        appropriations authorized by subsection (a) shall not be more 
        than 50 percent.
          (2) Form of non-federal share.--The non-Federal share of the 
        total cost of any activity funded with appropriations 
        authorized by subsection (a) may be in the form of in-kind 
        contributions of goods or services fairly valued.
  (c) Authority to Provide Assistance.--Notwithstanding any other 
provision of law, the Secretary may provide assistance to a National 
Heritage Area during any fiscal year for which appropriations are 
authorized under subsection (a).

SEC. 9. STATUTORY CLARIFICATION.

  (a) Authorization Limitations.--Any provision of law enacted before 
the date of the enactment of this Act that provides for a termination, 
expiration, or other time limitation on the authorization for a 
National Heritage Area is hereby superceded and shall have no effect.
  (b) Funding Limitations.--Any provision of law enacted before the 
date of the enactment of this Act that provides for a termination, 
expiration, or other limitation on the time or amount of an 
authorization of appropriations for a National Heritage Area is hereby 
superceded and shall have no effect.
  (c) Evaluations.--Any provision of law enacted before the date of the 
enactment of this Act that requires the Secretary to conduct an 
evaluation of or submit a report on the accomplishments of a National 
Heritage Area is hereby superceded and shall have no effect.
  (d) Other Authorities.--Any provision of law enacted before the date 
of the enactment of this Act that provides for the establishment, 
management, administration, operation, or otherwise affects a National 
Heritage Area and is not explicitly otherwise provided for in this Act 
shall not be affected by this Act.

                          PURPOSE OF THE BILL

    The purpose of H.R. 1049 is to authorize a National 
Heritage Area Program, and for other purposes.

                  BACKGROUND AND NEED FOR LEGISLATION

    In 1984, Congress passed and President Ronald Reagan signed 
into law the first National Heritage Area (NHA), the Illinois 
and Michigan Canal National Heritage Area.\1\ In President 
Reagan's dedication speech, he referred to NHAs as ``a new kind 
of national park'' that seeks to bring together the goals of 
heritage conservation, recreation, and economic development.\2\ 
Since then, Congress has established 54 additional NHAs across 
38 states to promote tourism and protect important natural, 
historical, cultural, scenic, and recreational resources.
---------------------------------------------------------------------------
    \1\Illinois and Michigan Canal National Heritage Corridor Act of 
1984, Pub. L. No. 98-398, 98 Stat. 1456 (1984), https://
uscode.house.gov/statviewer.htm?volume=98&page=1456 (codified at 54 
U.S.C. Sec. 320,101 note).
    \2\National Heritage Areas, U.S. Nat'l Park Serv., https://
www.nps.gov/subjects/heritageareas/index.htm (last updated Mar. 15, 
2019).
---------------------------------------------------------------------------
    The NHA program is administered by the National Park 
Service (NPS), which partners with each NHA's managing entity 
to provide technical assistance and distribute matching federal 
funds. NHAs are one of the Department of the Interior's most 
cost-effective initiatives, leveraging an average of $5.50 in 
public and private funding for every federal dollar. NHAs also 
provide significant economic returns to local economies through 
cultural and heritage tourism and investment.
    Each NHA unit preserves a unique component of the 
quintessentially American experiences that represent the 
history of our nation. From the Crossroads of the American 
Revolution in New Jersey to the Great Basin in Nevada, from our 
national aviation heritage to the historic Ohio and Erie 
canals, NHAs preserve nationally significant history, 
resources, and landscapes across the country. They tell the 
stories that make up the tapestry of American life, connecting 
communities through a sense of history and place. They are 
unique and exceptional tools for historic and natural 
protection that allow NPS to support interpretation of 
resources beyond the boundaries of traditional park units.
    NHA designations do not authorize the federal government to 
acquire any additional land, and property owners have no 
obligation to participate in planning, projects, programs, or 
other activities conducted within NHAs. In addition, property 
owners are not required to provide public access to their 
lands.
    Currently, there is no single system for NHA designations, 
and this ad hoc practice of designating, managing, evaluating, 
and reauthorizing NHAs has been a longstanding point of concern 
for opponents of NHAs as well as the NPS. As each NHA has a 
unique enabling statute, with disparate standards and 
authorizations, NPS has called on Congress to standardize the 
process through programmatic legislation since 2005.
    H.R. 1049 addresses these concerns by establishing a clear 
and consistent statutory framework for studying, designating, 
evaluating, and funding NHAs while increasing opportunities for 
congressional oversight. The bill brings the 55 existing NHAs 
into one cohesive system that allows Congress to determine the 
health and appropriate funding levels of the program as a 
whole, rather than as 55 different NHAs, and clearly defines 
the roles and responsibilities of the NPS and local 
coordinating entities in the management of NHAs. This new 
framework ensures long-term sustainability of the system while 
enhancing the ability of NHAs to preserve resources and spur 
local economic growth.
    While there is continued congressional debate about the 
ongoing obligation of the federal government in the support of 
NHAs, H.R. 1049 is an effort to ensure that all future NHA 
management and evaluation is consistent and accountable.
    The bill, as reported, clarifies that the new NHA system 
supersedes existing sunsets and caps for existing NHAs, and 
that funding for the system as a whole will expire after 20 
years. The reported text also removes extraneous language 
covered under preexisting authorities and obligations and 
updates the standard language outlining feasibility studies, 
management plans, and evaluations in order to bring the 
legislation into conformance with recently enacted laws. 
Ultimately, the reported text retains the core purpose of the 
bill and would create a unified NHA system and establish 
standard procedures for management and funding, while making 
important changes for the sake of clarity and consistency.

                            COMMITTEE ACTION

    H.R. 1049 was introduced on February 7, 2019, by 
Representative Paul Tonko (D-NY). The bill was referred solely 
to the Committee on Natural Resources, and within the Committee 
to the Subcommittee on National Parks, Forests, and Public 
Lands. On April 30, 2019, the Subcommittee held a hearing on 
the bill. On January 29, 2020, the Natural Resources Committee 
met to consider the bill. The Subcommittee was discharged by 
unanimous consent. Representative Tonko offered an amendment in 
the nature of a substitute. Ranking Member Rob Bishop (R-UT) 
offered amendments designated Bishop #1 and Bishop #3 en bloc 
to the amendment in the nature of a substitute by unanimous 
consent. The en bloc amendments were agreed to by voice vote. 
Ranking Member Bishop offered an amendment designated Bishop #2 
to the amendment in the nature of a substitute. The amendment 
was withdrawn. The amendment in the nature of a substitute 
offered by Representative Tonko, as amended, was agreed to by 
voice vote. The bill, as amended, was adopted and ordered 
favorably reported to the House of Representatives by voice 
vote.

                                HEARINGS

    For the purposes of section 103(i) of H. Res. 6 of the 
116th Congress--the following hearing was used to develop or 
consider H.R. 1049: legislative hearing by the Subcommittee on 
National Parks, Forests, and Public Lands held on April 30, 
2019.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

                  COMPLIANCE WITH HOUSE RULE XIII AND 
                        CONGRESSIONAL BUDGET ACT

    1. Cost of Legislation and the Congressional Budget Act. 
With respect to the requirements of clause 3(c)(2) and (3) of 
rule XIII of the Rules of the House of Representatives and 
sections 308(a) and 402 of the Congressional Budget Act of 
1974, the Committee has received the following estimate for the 
bill from the Director of the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, July 1, 2020.
Hon. Raul M. Grijalva,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1049, the National 
Heritage Area Act of 2020.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is David Hughes.
            Sincerely,
                                         Phillip L. Swagel,
                                                          Director.
    Enclosure.

    
    

    H.R. 1049 would authorize appropriations from 2020 through 
2034 for the National Park Service (NPS) to provide financial 
and technical assistance to National Heritage Areas (NHAs), 
which are nonfederal entities designed to commemorate and 
conserve natural, historic, and cultural resources. In 2020, 
the NPS allocated $21 million to support NHAs.
    According to the NPS, 54 NHAs are eligible to receive 
federal funds and the bill would authorize up to $750,000 for 
each area, or about $41 million each year. Because it would 
take future legislation to change the number of NHAs, CBO's 
estimate is based on the current number of 54. Assuming 
appropriation of those amounts, CBO estimates that implementing 
H.R. 1049 would cost $167 million over the 2020-2025 period. 
The costs of the legislation, detailed in Table 1, fall within 
budget function 300 (natural resources and the environment).
    H.R. 1049 would impose private-sector mandates as defined 
in the Unfunded Mandates Reform Act (UMRA) on the local 
coordinating entity of each NHA. Such entities are designated 
by law to oversee their respective area.

               TABLE 1.--ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER H.R. 1049
----------------------------------------------------------------------------------------------------------------
                                                           By fiscal year, millions of dollars--
                                          ----------------------------------------------------------------------
                                             2020      2021      2022      2023      2024      2025    2020-2025
----------------------------------------------------------------------------------------------------------------
Authorizationa...........................        20        41        41        41        41        41        222
Estimated Outlays........................         *        20        32        36        38        40        167
----------------------------------------------------------------------------------------------------------------
Components may not sum to totals because of rounding; * = between zero and $500,000.
aH.R. 1049 would authorize the appropriation of $41 million in 2020 for National Heritage Areas. In 2020, the
  National Park Service (NPS) allocated $21 million for those purposes. Therefore, CBO estimates that the bill
  would authorize the appropriation of $20 million in 2020--the difference between what the bill would authorize
  ($41 million) and what the NPS has allocated ($21 million).

    The bill would require those local coordinating entities to 
submit a management plan for their heritage area to the 
Secretary of the Interior, submit annual financial reports, and 
make information available for auditing. The bill also would 
authorize annual payments of $750,000 to each NHA through 2034. 
Because the mandate would affect a small number of entities and 
many already meet some or all of these duties, CBO estimates 
the cost of the mandate would not exceed the private-sector 
threshold established in UMRA ($168 million in 2020, adjusted 
annually for inflation).
    H.R. 1049 contains no intergovernmental mandates as defined 
in UMRA.
    The CBO staff contacts for this estimate are David Hughes 
(for federal costs) and Andrew Laughlin (for mandates). The 
estimate was reviewed by H. Samuel Papenfuss, Deputy Director 
of Budget Analysis.
    2. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goals and 
objectives of this bill are to authorize a National Heritage 
Area Program.

                           EARMARK STATEMENT

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                 UNFUNDED MANDATES REFORM ACT STATEMENT

    According to CBO, H.R. 1049 would impose private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
on the local coordinating entity of each NHA. CBO estimates the 
cost of the mandate would not exceed the private-sector 
threshold established in UMRA ($168 million in 2020, adjusted 
annually for inflation). According to CBO, the bill contains no 
intergovernmental mandates as defined in UMRA. CBO's full 
analysis is reproduced above.

                           EXISTING PROGRAMS

    This bill does not establish or reauthorize a program of 
the federal government known to be duplicative of another 
program.

                  APPLICABILITY TO LEGISLATIVE BRANCH

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

               PREEMPTION OF STATE, LOCAL, OR TRIBAL LAW

    Any preemptive effect of this bill over state, local, or 
tribal law is intended to be consistent with the bill's 
purposes and text and the Supremacy Clause of Article VI of the 
U.S. Constitution.

                        CHANGES IN EXISTING LAW

    If enacted, this bill would make no changes to existing 
law.

                            ADDITIONAL VIEWS

    H.R. 1049, as amended, formally establishes a system for 
National Heritage Areas (NHA) with criteria for approval and 
funding and authorizes appropriations of up to $750,000 per NHA 
per fiscal year for 15 years.
    The first NHA was created in 1984; there are now 55 NHAs 
across the country.\1\ The first NHA, the Illinois and Michigan 
Canal NHA, was signed into law by President Ronald Reagan. In 
his dedication speech, Reagan referred to NHAs as ``a new kind 
of national park'' that married heritage conservation, 
recreation, and economic development.\2\ NHAs were generally 
provided a 10- to 15-year authorization, with a maximum total 
appropriation of up to $10 million. Over time, however, the 
length of authorization and the federal dollar cap have been 
raised for individual NHAs, usually through appropriation 
acts.\3\
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    \1\Visit NHAs Online, National Parks Service (2019), https://
www.nps.gov/subjects/heritageareas/visit_nhas_online.htm (last visited 
Apr 22, 2019).
    \2\Id. at 1.
    \3\See section 120 of Title I, Division F of Public Law 113-235; 
section 116 of Title I of Division G of Public Law 114-113; and section 
115 of Title I of Division G of Public Law 115-31.
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    Originally, NHAs were intended to receive federal ``seed 
money'' and progress to a point where federal appropriations 
would no longer be required. In fact, in 1994, during a debate 
for additional NHAs on the House floor, then National Parks 
Subcommittee Chairman Bruce Vento (D-MN) claimed, ``the amount 
of support is limited . . . and there is a limit to the length 
of time or the amount of money the Federal Government can be in 
a heritage area. In 10 years, we are out of there. Then they 
are on their own and we all get the benefit of that 
conservation.''\4\ Despite this assurance, not a single NHA has 
left the embrace of federal funding and all NHAs dating back to 
1984 continue to request support.\5\ In recent years, both the 
Obama and Trump Administrations have supported reducing 
appropriations to NHAs and have urged Congress to return to the 
original concept of NHAs by promoting self-sufficiency.\6\\7\
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    \4\103 CONG REC. H10869 (1994).
    \5\Barry T. Hill, National Park Service: A More Systematic Process 
for Establishing National Heritage Areas and Actions to Improve Their 
Accountability Are Needed National Park Service: A More Systematic 
Process for Establishing National Heritage Areas and Actions to Improve 
Their Accountability Are Needed 11 (2004).
    \6\The United States Department of the Interior Budget 
Justifications and Performance Information Fiscal Year 2016 National 
Park Service, The United States Department of the Interior Budget 
Justifications and Performance Information Fiscal Year 2020 National 
Park Service Overview-40.
    \7\The United States Department of the Interior Budget 
Justifications and Performance Information Fiscal Year 2020 National 
Park Service, The United States Department of the Interior Budget 
Justifications and Performance Information Fiscal Year 2020 National 
Park Service NR&P-40.
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    At the markup, two Republican amendments were adopted 
unanimously that improved the bill. First, an amendment was 
adopted that clarified that any ``National Historic District'' 
made part of the new NHA system is restricted to solely the 
Shenandoah Valley Battlefields National Historic District. 
Second, an amendment was adopted that reduced the length of 
authorization for appropriations from 20 years to 15 years and 
reinstated and expanded a portion of the evaluation section 
from the introduced bill that was removed by the Majority's 
amendment in the nature of the substitute. This provision 
requires that the National Park Service prepare a report, in 
conjunction with a NHA's evaluation, making recommendations for 
the National Park Service's continued role, if any, with 
respect to the National Heritage Area and justified continued 
federal funding in light of other National Park Service 
priorities and its core mission. While these amendments 
improved this bill, there is still no guarantee that NHAs will 
ever become self-sufficient. With the National Park Service's 
deferred maintenance needs hovering near $12 billion, we should 
be seeking ways to help the National Park Service fulfill its 
core responsibilities.

                                                        Rob Bishop.